November 10, 2022 •
Thursday’s LobbyComply News Roundup
Campaign Finance Arizona: “Proposition 211: Ballot measure to require disclosure for political spending wins in Arizona” by Mary Jo Pitzl (Arizona Republic) for MSN Elections Georgia: “Gingrich Ordered to Appear Before Ga. Grand Jury Probing 2020 Election” by Tom Jackman […]
Campaign Finance
Arizona: “Proposition 211: Ballot measure to require disclosure for political spending wins in Arizona” by Mary Jo Pitzl (Arizona Republic) for MSN
Elections
Georgia: “Gingrich Ordered to Appear Before Ga. Grand Jury Probing 2020 Election” by Tom Jackman (Washington Post) for MSN
Ethics
Michigan: “Proposal 1: Michigan voters pass term limits, financial disclosure reform measure” by Carol Thompson for Detroit News
Pennsylvania: “Mistrial Declared in Trial of Nonprofit Executives Accused with Kenyatta Johnson” by Jeremy Roebuck (Philadelphia Inquirer) for MSN
Tennessee: “Nashville Council Member Faces Ethics Inquiry After Constituent’s Car Towed” by Cassandra Stephenson (The Tennessean) for MSN
Legislative Issues
Kentucky: “Kentucky Rejects Amendment 1, in Blow to Legislature’s GOP Supermajority” by Joe Sonka (Louisville Courier-Journal) for MSN
North Dakota: “North Dakota Voters OK Term Limits for Governor, Legislators” by James MacPherson for Associated Press News
Oregon: “Oregon Voters Pass Measure 113, Punishing Lawmakers for Walkouts” by Hillary Borrud and Gosia Wozniacka for Portland Oregonian
October 25, 2022 •
Anaheim Votes to Update City’s Sunshine Laws
Anaheim City Council has voted to modify the city’s Sunshine Ordinance in response to the Angels Stadium corruption case. The change mandates city employees must retain emails on their server for at least two years. The new ordinance makes certain […]
Anaheim City Council has voted to modify the city’s Sunshine Ordinance in response to the Angels Stadium corruption case.
The change mandates city employees must retain emails on their server for at least two years.
The new ordinance makes certain violations of the lobbying code misdemeanors and requires all reports filed by the lobbyists be done so under penalty of perjury.
The new ordinance also changes the due dates for quarterly reports from the last day of the month to 30 days from the end of the quarter.
October 21, 2022 •
News You Can Use Digest – October 21, 2022
National/Federal Activists Push for Disclosure of Clients and Income of Judges’ Spouses MSN – Hailey Fuchs (Politico) | Published: 10/20/2022 A coalition of judicial advocacy and watchdog groups are calling on Congress to establish greater disclosure requirements for the spouses of […]
National/Federal
Activists Push for Disclosure of Clients and Income of Judges’ Spouses
MSN – Hailey Fuchs (Politico) | Published: 10/20/2022
A coalition of judicial advocacy and watchdog groups are calling on Congress to establish greater disclosure requirements for the spouses of federal judges. In a letter sent to lawmakers on Capitol Hill, the groups cite a Politico report on potential conflicts posed by the professional work of Supreme Court justice’s spouses and the inadequacy of disclosures around that work. The coalition maintains the “concerns are no doubt more acute” among the hundreds of circuit and district court judges. They also point to the spouses of four justices on the Supreme Court whose work remains opaque yet may intersect with cases before the court.
As Campaign Norms Erode, Even Debates Are Under Debate
DNyuz – Lisa Lerer and Jazmine Ulloa (New York Times) | Published: 10/19/2022
In midterm campaigns across the country, direct political engagement has been falling away, victim to security concerns, pandemic-era restrictions, and Republican hostility to the mainstream media. Many candidates are sticking instead to safer spaces: partisan news outlets, fundraisers with supporters, friendly local crowds. The result is a profound shift in the long traditions of American campaigns that is both a symptom of and a contributor to the ills afflicting the country’s politics.
Big Tech Accused of Shady Lobbying in EU Parliament
Politico – Clothilde Goujard | Published: 10/14/2022
Google, Meta, and Amazon have deceived lawmakers by lobbying through smaller front organizations, leading lawmakers claimed. They asked for an investigation into the tech companies, as well as large lobbying groups including trade association the Computer & Communications Industry Association and advertisers’ group IAB Europe. Three other lobbies representing small and medium-sized companies are also targeted by the complaints. The lawmakers say the companies deceived European lawmakers during negotiations on two landmark laws by hiding behind fronts.
Congressional Ethics Watchdog Calls for Ethics Investigation into Kahele
Honolulu Civil Beat – Nick Grube | Published: 10/14/2022
The Office of Congressional Ethics called for an official inquiry into U.S. Rep. Kai Kahele. He came under scrutiny earlier in the year after a media investigation into his proxy voting record that found he had asked colleagues to vote on his behalf more than almost any other member of Congress at the same time he was laying the groundwork for a gubernatorial campaign in Hawaii. The story led to more questions about Kahele’s part-time job as a pilot for Hawaiian Airlines and work he was doing on the House Transportation and Armed Services Committees.
DOJ Asks Appeals Court to End Outside Review of Trump Mar-a-Lago Documents
MSN – Josh Gerstein and Kyle Cheney (Politico) | Published: 10/14/2022
An outside review of documents the FBI seized from Donald Trump’s Mar-a-Lago estate should be halted because it interferes with prosecutors’ authority and is legally unjustified, the Justice Department said in a filing with a federal appeals court. Prosecutors said Aileen Cannon, the judge who ordered the “special master” review at Trump’s request, erred in her ruling because there was no indication of malfeasance or infringement of Trump’s rights in connection with the search a magistrate judge ordered.
High Court Rejects Trump Plea to Step into Mar-a-Lago Case
MSN – Mark Sherman and Jessica Gresko (Associated Press) | Published: 10/13/2022
The U.S. Supreme Court rejected former President Trump’s plea to step into the legal fight over the FBI search of his Florida estate. The justices did not otherwise comment in turning away Trump’s emergency appeal. Trump had pressed the court on an issue relating to classified documents seized in the search. The move appears to greatly reduce the potential impact of the special master process to the ongoing Justice Department criminal investigation into the classified documents.
House Jan. 6 Committee Votes to Subpoena Trump in Finale Surprise
MSN – Rosalind Helderman, Jacqueline Alemany, and Tom Hamburger (Washington Post) | Published: 10/13/2022
The House committee investigating the attack on the U.S. Capitol issued a subpoena seeking testimony from former President Trump, a challenge with little historical precedent. Combining a mix of new evidence gathered by the committee since July and testimony played at previous sessions, members have said the violence was the direct and predictable result of Trump’s choices in the weeks after he lost his bid for reelection. Even after interviews with more than 1,000 witnesses and reviews of hundreds of thousands of documents, U.S. Rep. Liz Cheney said their work is incomplete without hearing answers from “January 6th’s central player.”
Investors Resist Efforts to Paint ESG as a Political Issue
MSN – Ellen Meyers (Roll Call) | Published: 10/20/2022
Institutional investment firms and activist asset managers are amplifying their message to congressional and state lawmakers: stop equating environmental, social, and governance (ESG) investing with a political agenda. Investors of all sizes are doubling down on the importance of ESG considerations ahead of midterm elections. At stake is a growing body of legislation and regulations in states such as Texas, Oklahoma and Louisiana aimed at curbing ESG investment and, in some cases, divesting from certain financial institutions over investment policies that incorporate ESG factors such as climate risk and human capital management.
Judge Bucks Trump, Orders Pence Aide to Testify to Jan. 6 Grand Jury
MSN – Spencer Hsu, Josh Dawsey, and Jacqueline Alemany (Washington Post) | Published: 10/14/2022
A top aide to former Vice President Mike Pence returned before a grand jury to testify in a criminal probe of efforts to overturn the 2020 election after federal courts overruled ex-President Trump’s objections to the testimony. In a decision that could clear the way for other top Trump White House officials to answer questions before a grand jury, Chief U.S. District Court Judge Beryl Howell ruled that former Pence chief of staff Marc Short probably possessed information important to the Justice Department’s criminal investigation of the insurrection that was not available from other sources.
Judge: Trump signed court document that knowingly included false voter fraud stats
MSN – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/19/2022
Former President Trump signed legal documents describing evidence of election fraud he knew were false, a federal judge indicated. U.S. District Court Judge David Carter wrote in an 18-page opinion that emails from attorney John Eastman, an architect of Trump’s last-ditch effort to subvert the 2020 election, needed to be turned over to the Jan. 6 select committee. Those emails, Carter wrote, “show that President Trump knew that the specific numbers of voter fraud were wrong but continued to tout those numbers, both in court and to the public.”
Newspapers with a Partisan Aim Filling the Void of Traditional Media
MSN – Michael Scherer (Washington Post) | Published: 10/15/2022
As local newspapers collapsed amid a rise in online advertising competition, niche news products with private funding sources have sprouted to fill the void. Some function as a sort of direct mail persuasion piece, while others republish content on hundreds of websites with local names like the Fond Du Lac Times in Wisconsin. Other experiments have sought to build actual newsrooms in key swing states to attract audiences to more ideological views. Many worry the newcomers deceive readers, undermine the reputations of existing journalistic brands, and fail, in some cases, to meet even the basic standards of the profession.
Retired U.S. Brass Cash in with Saudis, Other Repressive Governments
MSN – Craig Whitlock and Nate Jones (Washington Post) | Published: 10/18/2022
Foreign governments have long advanced their interests in Washington by paying Americans as lobbyists, lawyers, political consultants, and public relations advisers. But the hiring of retired U.S. military personnel for their expertise and political clout has accelerated over the past decade as Persian Gulf monarchies have splurged on defense spending and strengthened their security partnerships with the Pentagon. For years, the U.S. government withheld virtually all information about the practice. The Washington Post found many military retirees take foreign jobs or gifts without notifying the U.S. government.
Sidley Austin Reveals Work for Chinese Surveillance Firm Under Foreign Agents Law
Reuters – Mike Scarcella | Published: 10/18/2022
The law firm Sidley Austin disclosed its lobbying work for the U.S. subsidiary of Chinese video surveillance company Hikvision under the Foreign Agents Registration Act, revealing about $7.4 million in fees since 2018. The firm said its registration for Hikvision USA was done “solely in response to a request” from the U.S. Justice Department. The firm had earlier reported its lobbying through the Lobbying Disclosure Act in 2018 after it was retained then by Hikvision.
Some Republicans Want to Count Votes by Hand. Bad Idea, Experts Say.
DNyuz – Maggie Astor (New York Times) | Published: 10/18/2022
Over the past two years, Republicans have pursued an array of changes to how Americans vote. The past few weeks have drawn attention to a particularly drastic idea: counting all ballots by hand. Experts in election administration said while hand counting is an important tool for recounts and audits, tallying entire elections by hand in any but the smallest jurisdictions would cause chaos and make results less accurate, not more.
Staffers in Rep. Andy Levin’s Office Sign First Union Contract
MSN – Jim Saska (Roll Call) | Published: 10/17/2022
Courtney Laudick and about a dozen other staff members on Capitol Hill organized the Congressional Workers Union earlier this year. Laudick’s boss, U.S. Rep. Andy Levin, sponsored a resolution to allow House staff to unionize, without knowing Laudick was involved in the effort. The resolution was slipped into a rule for supplemental Ukrainian aid funding and passed. Levin and his aides took another historic step recently, agreeing to a tentative contract that raises the average wage for his junior staff to $76,000 and provides all members of the bargaining unit with a $10,000 salary increase.
Steele Dossier Source Acquitted, in Loss for Special Counsel Durham
MSN – Salvador Rizzo, Rachel Weiner, and Perry Stein (Washington Post) | Published: 10/18/2022
A jury found Igor Danchenko, a private researcher who was a primary source for a 2016 dossier of allegations about former President Trump’s ties to Russia, not guilty of lying to the FBI about where he got his information. The verdict is another blow for special counsel John Durham, who has now lost both cases that have gone to trial as part of his investigation. Durham is sure to face renewed pressure to wrap up his work following the verdict.
Ted Cruz Reimbursed Himself $555,000 After Successfully Challenging a Political Spending Law at the Supreme Court
MSN – Bryan Metzger (Business Insider) | Published: 10/17/2022
U.S. Sen. Ted Cruz’s campaign has paid him $555,000 to cover personal loans to his Senate committee. The 2002 Bipartisan Campaign Reform Act set a $250,000 limit on the amount of money that candidates could raise after the election for the purpose of paying off personal loans to their campaign committee. The Supreme Court ruled the limit was unconstitutional. That is despite concerns not just from good-government groups that argued lifting the cap could fuel corruption by allowing campaign donors to essentially pay candidates directly by contributing to the repayment of their personal loans.
Canada
Canada – How a Controversy Over GMOs Exposed Holes in Canada’s Lobbying Laws
National Observer – Marc Fawcett-Atkinsion | Published: 10/17/2022
A controversy over an industry lobbyist’s input into draft guidelines for genetically modified organisms exposed loopholes in Canada’s lobbying laws, experts say. Jennifer Hubert, the executive director of plant bioengineering at CropLife Canada appears to have written an early draft of proposed guidelines for the Canada Food Inspection Agency that would exempt seed companies from disclosing genetically modified products to consumers. These kinds of collaborations happen regularly but typically go unseen thanks to Canada’s lax lobbying rules, said Duff Conacher, the co-founder of Democracy Watch.
From the States and Municipalities
Alaska – Groups Say Pro-Dunleavy Organization Is ‘Smoke and Mirrors’ After Commission Delays Decision on Campaign-Finance Complaint
Yahoo News – Iris Samuels (Anchorage Daily News) | Published: 10/18/2022
Two watchdog groups filed another complaint against the Republican Governors Association and an independent expenditure group supporting Alaska Gov. Mike Dunleavy’s re-election. The complaint was filed on the same day that the Alaska Public Offices Commission decided its staff would continue to investigate a previous complaint from the groups alleging Dunleavy’s campaign illegally relied on public funds to subsidize the campaign and coordinated with the independent expenditure group, A Stronger Alaska, ahead of the general election.
California – Councilmember Koretz Seemingly Engages in Illegal Lobbying Scheme with Former Employee
Knock LA – Jon Pelz | Published: 10/12/2022
In 2017, Shawn Bayliss, a former senior employee of Los Angeles City Councilperson Paul Koretz, lobbied Koretz for favors while seemingly prohibited from doing so by city ethics laws. Koretz potentially violated the City Charter when he aided and abetted Bayliss in these apparently illegal lobbying activities. Bayliss left Koretz’s office on May 12, 2017. On the same day, the Bel Air Association (BAA) announced Bayliss as its new executive director. He reached out to Koretz’s private email in June 2017 from his BAA email.
California – Gil Cedillo and Kevin de León Stripped of City Council Committee Posts Over Racist Leak
MSN – David Zahniser and Rachel Uranga (Los Angeles Times) | Published: 10/17/2022
Los Angeles City Council members Kevin de León and Gil Cedillo were removed from an array of committee assignments, the latest in a series of attempts to pressure them to resign following reports they participated in a secretly recorded conversation where racist and disparaging remarks were made. Cedillo and De León have not been persuaded by calls from numerous political leaders, including President Biden, to step down. The move comes at an extraordinarily turbulent time for the council, with one seat vacant and two others effectively dormant.
California – LA Council Members Call for Ethics Commission to Have Greater Independence
KFI – City News Service | Published: 10/19/2022
Half of the Los Angeles City Council signed onto a motion calling to make the city’s Ethics Commission more independent and streamline and expand its enforcement processes. The council members recommended a number of changes, which would have to be approved by voters because they would require changes to the city charter.
California – New Details Show Sprawling Web of Corruption in Southern California Cannabis Licensing
MSN – Adam Elmahrek, Ruben Vives, Robert Lopez, and Paige St. John (Los Angeles Times) | Published: 10/15/2022
As a California lawmaker called for a statewide task force to crack down on corruption in the legal cannabis market, new details are emerging in a bribery scandal that has ensnared local government officials in the Los Angeles area. Federal prosecutors unveiled two plea agreements that detail “pay-to-play” schemes involving cannabis business licensing and corroborate allegations in a recent Los Angeles Times investigation that examined how legalization of marijuana unleashed a wave of corruption across the state.
California – San Jose Mayor Cleared of Fundraising Complaint
San Jose Spotlight – Tran Nguyen | Published: 10/14/2022
A citizen-led city board dismissed a complaint accusing San Jose Mayor Sam Liccardo of breaking campaign finance rules through a PAC he formed. The complaint also claimed Liccardo failed to disclose hundreds of thousands of dollars in contributions as required and that donations exceeded local limits. The law firm Hanson Bridgett investigated the case and recommended the board dismiss the allegations.
California – Watchdog Investigating 2019 China Trip Made by Top Milpitas Mayor Candidate
MSN – Gabriel Greschler (Bay Area News Group) | Published: 10/16/2022
The California Fair Political Practices Commission opened an investigation against the top contender in the Milpitas mayoral race over a trip she took to China in 2019. The probe centers around a $3,600 gift that Vice Mayor Carmen Montano accepted during the trip and later reported to state authorities. The complaint alleges Montano violated travel policies and rules surrounding lobbying.
Florida – Top DeSantis Advisers Played Hands-On Role in Migrant Flights to Martha’s Vineyard
MSN – Jeffrey Schweers (Orlando Sentinel) | Published: 10/15/2022
Florida’s public safety czar Larry Keefe was in San Antonio nearly two weeks before Gov. Ron DeSantis transported migrants from Texas to Martha’s Vineyard, and he may have traveled back to Florida with the migrants, records suggest. Those records also show Keefe coordinating the flights with gubernatorial chief of staff James Uthmeier and politically connected contractor Vertol Systems in the weeks leading up to the operation, which is under criminal investigation. The records also confirm a second flight that apparently was headed to near President Joe Biden’s beach house was scrapped after Texas authorities opened a criminal investigation.
Hawaii – Ban On In-Session Campaign Donations Gets Thumbs Up from Hawaii Standards Commission
Honolulu Civil Beat – Blaze Lovell | Published: 10/19/2022
The Commission to Improve Standards of Conduct is recommending that Hawaii lawmakers stop accepting campaign money during the legislative session. A bill to do that along with nine other measures focused on reforming campaign finance laws will head to lawmakers for consideration during the 2023 session. The commission is scheduled to take up another slate of proposals that seeks to tighten ethics rules for lawmakers and lobbyists.
Illinois – A Powerful Pritzker Administration Insider Cashed in as a Consultant
Better Government Association – Chuck Neubauer and David Jackson | Published: 10/19/2022
Shortly after she left her state job as a senior adviser to Illinois Gov. J.B. Pritzker, political operative Nikki Budzinski collected more than $500,000 in consulting and other fees in 10 months, including more than $80,000 from a Springfield lobbyist that Budzinski helped while working for the governor. State workers are generally barred from accepting compensation as a lobbyist for one year after leaving government work. Since Budzinski was not a registered lobbyist, but rather worked as a consultant to the lobbyist paying her, the rule did not apply to her.
Illinois – Ahead of Key Illinois Supreme Court Elections, Federal Judge Blocks State Campaign Contribution Limits in Judicial Races
MSN – Dan Petrella (Chicago Tribune) | Published: 10/18/2022
A federal judge issued a temporary injunction barring Illinois from enforcing two recent changes to the state’s campaign finance law. One bars non-Illinois residents from donating to state judicial candidates. The second prevents individual donors from giving more than $500,000 to independent expenditure committees like super PACs involved in state judicial elections. While there is some legal precedent for tighter restrictions on campaign fundraising in judicial races, the lawsuit argues the two Illinois laws go beyond what courts have allowed in the name of preventing corruption.
Illinois – AT&T Illinois Fined for Effort to Illegally Influence Ex-Speaker Michael Madigan as New Charges Against Him Revealed
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 10/14/2022
AT&T Illinois agreed to pay a $23 million fine and its former president has been indicted on federal charges over a scheme to influence former Illinois House Speaker Michael Madigan, who was arrested on racketeering and bribery charges earlier this year. AT&T admitted it arranged to make payments to an associate of Madigan in exchange for help in pushing through legislation favorable to AT&T. Paul La Schiazza, the former president of AT&T Illinois, was accused of orchestrating and approving the payments. In exchange for cooperating with the probe, criminal charges will be dropped against the company after two years.
Louisiana – See Lafayette Mayor Josh Guillory’s 2021 Financial Disclosure for Louisiana Ethics Board
Yahoo News – Andrew Capps (Lafayette Daily Advertiser) | Published: 10/17/2022
Lafayette Mayor-President Josh Guillory’s most recent annual financial disclosure was supposed to shed light on his efforts to bolster his income while in office. But the report raises more questions about his side interests than it answers. Guillory’s equipment rental business made headlines shortly before his return from rehab in August, after which he denied any impropriety or conflicts-of-interest. Guillory has continued to work as an attorney since taking office. Dozens of Guillory’s former clients had their criminal charges removed from court records during his tenure.
Michigan – Michigan House Paying for Lawyers for Employees Interviewed in Chatfield Probe
Detroit News – Craig Mauger and Beth LeBlanc | Published: 10/19/2022
The Michigan House is providing legal representation for employees who are being interviewed as part of an expanding investigation into former House Speaker Lee Chatfield. Court records showed state officials were conducting a wide-reaching inquiry into sexual assault, and financial and drug use allegations related to Chatfield. Search warrant affidavits indicated investigators were looking into claims that Chatfield and others were involved in a “criminal enterprise,” which potentially included campaign finance violations, bribery, controlled substances, and embezzlement.
Michigan – Probe into Shirkey-Tied Nonprofits Continues; $2.33M Conciliation Agreement Declined
MLive – Jordyn Hermani | Published: 10/18/2022
Two nonprofits associated with a 2020 petition effort rejected a multi-million-dollar settlement with state elections officials, paving the way for a criminal investigation to progress. Michigan! My Michigan! and Michigan Citizens for Fiscal Responsibility were accused of improperly raising millions of dollars for Unlock Michigan for a ballot petition to limit the executive branch’s powers during health emergencies. Should the groups have settled through a conciliation agreement, paying the Michigan Bureau of Elections a cumulative $2.33 million, then any further civil or criminal action would have been barred.
New Jersey – New Jersey Sues 5 Oil Companies and Trade Group Over Climate Disinformation
State Impact Pennsylvania – Susan Phillips | Published: 10/18/2022
New Jersey filed a lawsuit against five oil companies and a trade organization, saying they knowingly deceived the public about their contributions to global warming. The lawsuit alleges the trade group, American Petroleum Institute, designed public relations campaigns aimed at convincing the public that climate change does not exist and creating confusion and doubt about the role of oil and gas.
New York – New York State Judge Sets Hearing to Decide New York Attorney General’s Motion in Trump Organization Case
MSN – Kara Scannell (CNN) | Published: 10/14/2022
A judge set a hearing date to decide whether to grant New York Attorney General Letitia James’ request to block the Trump Organization from engaging in certain business activities. The hearing will be the first since the state filed a $250 million lawsuit against former President Trump, his three eldest children, and the Trump Organization alleging they engaged in a decade-long fraud. The state says the same day it announced its lawsuit, the company incorporated a new entity in Delaware, Trump Organization II LLC. The state says it has not provided any assurances it will not move assets out of New York to avoid potential liability.
New York – Trump Gives Answers in Rape Accuser’s Defamation Suit Deposition
Bloomberg Law – Erik Larson | Published: 10/19/2022
Former President Trump answered questions under oath during a deposition sought by E. Jean Carroll, who alleges he raped her in a department store dressing room two decades ago and defamed her when he denied it. He had to go ahead with the deposition after a judge rejected Trump’s latest effort to put the questioning on hold. Trump recently issuing a statement about Carroll on social media, repeating the allegedly defamatory statements he made. The move could undermine his key defense in the case, that he cannot be sued for defamation because he was a sitting president at the time he denied Carroll’s claim in crude terms.
Ohio – Ohio Attorney General Dave Yost Asks Ohio Supreme Court to Keep Former Utility Regulator’s Assets Frozen
MSN – Jake Zuckerman | Published: 10/19/2022
Ohio Attorney General Dave Yost asked the state Supreme Court to press pause on a lower court’s decision unfreezing millions of dollars in assets of a former utility regulator accused of taking a $4.3 million bribe. Attorneys for Yost argued the lower court decision would allow Sam Randazzo to “liquidate” his assets and shield them from judgements the state may win in a civil lawsuit against him down the line. Denying the motion would be a “death knell” ruling in Ohio, Yost argued, setting a precedent that bad actors can move and hide their money while motions are pending.
Oregon – Official Looking ‘Oregon Voter Guide’ May Mislead Voters
Mail Tribune – Hillary Borrud (Portland Oregonian) | Published: 10/18/2022
Oregon voters seeking information about the November election are likely to see a website called “The 2022 Oregon Voter Guide” at the top of their online search results, ahead of the state’s official voters’ guide. Many voters might not realize the online information is not an official state voters’ guide. “The Oregon Voter Guide” is not nonpartisan or neutral. It is funded and designed by a group of Democratic allies, progressive groups, and Democratic PACs. Two years ago, public employee unions, Democrats, and other political allies partnered on a nearly identical official-looking website, as well as mailers.
Texas – In Texas, Where Money Has Long Dominated Politics, Greg Abbott Is in a League of His Own
Texas Tribune – Patrick Svitek, Carla Astudillo, Zach Despart, and Kate McGee | Published: 10/18/2022
Texas Gov. Greg Abbott is easily the most prolific campaign fundraiser in the state’s history. His campaign fund has allowed him to scare off potential opponents, intimidate those who challenge him, fund a sprawling grassroots organization, and generally reshape Texas politics in his image. Texas is one of 11 states without contribution limits, enabling Abbott to raise enormous sums from some of the nation’s richest families and individuals. At its worst, critics say, Abbott’s fundraising prowess can give the appearance of a patronage system.
Washington – Ferguson Seeks $24.6 Million from Facebook for Campaign Finance Violations
Yahoo News – Laurel Demkovich (Spokane Spokesman-Review) | Published: 10/15/2022
Washington Attorney General Bob Ferguson is seeking the maximum penalty of $24.6 million against Facebook’s parent company, Meta, for violations of the state’s campaign finance law. A judge ruled Meta had 822 intentional violations of the law, which requires campaign advertisers, including sites such as Meta that host ads, to make information about the state’s political ads available for public inspection in a timely manner. The penalty is $10,000 per violation, but because a judge found Meta intentionally violated the law, the penalty can be tripled.
October 20, 2022 •
Thursday’s LobbyComply News Roundup
Campaign Finance Michigan: “Probe into Shirkey-Tied Nonprofits Continues; $2.33M Conciliation Agreement Declined” by Jordyn Hermani for MLive Elections National: “As Campaign Norms Erode, Even Debates Are Under Debate” by Lisa Lerer and Jazmine Ulloa (New York Times) for DNyuz Oregon: […]
Campaign Finance
Michigan: “Probe into Shirkey-Tied Nonprofits Continues; $2.33M Conciliation Agreement Declined” by Jordyn Hermani for MLive
Elections
National: “As Campaign Norms Erode, Even Debates Are Under Debate” by Lisa Lerer and Jazmine Ulloa (New York Times) for DNyuz
Oregon: “Official Looking ‘Oregon Voter Guide’ May Mislead Voters” by Hillary Borrud (Portland Oregonian) for Mail Tribune
Ethics
California: “LA Council Members Call for Ethics Commission to Have Greater Independence” by City News Service for KFI
Illinois: “A Powerful Pritzker Administration Insider Cashed in as a Consultant” by Chuck Neubauer and David Jackson for Better Government Association
Michigan: “Ex-House Speaker Lee Chatfield Suspected of Criminal Enterprise, Embezzlement” by Jordyn Hermani for MLive
Legislative Issues
National: “Staffers in Rep. Andy Levin’s Office Sign First Union Contract” by Jim Saska (Roll Call) for MSN
Lobbying
National: “Sidley Austin Reveals Work for Chinese Surveillance Firm Under Foreign Agents Law” by Mike Scarcella for Reuters
New Jersey: “New Jersey Sues 5 Oil Companies and Trade Group Over Climate Disinformation” by Susan Phillips for State Impact
October 14, 2022 •
News You Can Use Digest – October 14, 2022
National/Federal A Congressional Campaign Committee Just Reimbursed a Dead Lawmaker for Travel Mileage Yahoo Finance – Madison Hall (Business Insider) | Published: 10/12/2022 The campaign committee of a deceased member of Congress reimbursed him for travel mileage months after he died. […]
National/Federal
A Congressional Campaign Committee Just Reimbursed a Dead Lawmaker for Travel Mileage
Yahoo Finance – Madison Hall (Business Insider) | Published: 10/12/2022
The campaign committee of a deceased member of Congress reimbursed him for travel mileage months after he died. The Friends of Hagedorn campaign committee refunded Rep. Jim Hagedorn more than $1,100 for “mileage” on September 20. Hagedorn, however, died in February. FEC guidance notes congressional campaign funds can be used to refund travel costs incurred by a lawmaker, as well as their spouse and children, as long as it is “directly connected to the officeholder’s official responsibilities.
A Majority of GOP Nominees – 299 in All – Deny the 2020 Election Results
MSN – Amy Gardner (Washington Post) | Published: 10/6/2022
A majority of Republican nominees on the ballot this November for the U.S. House and Senate, and key statewide offices have denied or questioned the outcome of the last presidential election, according to a Washington Post analysis. Candidates who have challenged or refused to accept Joe Biden’s victory are running in every region of the country and in nearly every state. Republican voters in four states nominated election deniers in all federal and statewide races. Most of the election deniers are likely to win. Of the nearly 300 on the ballot, 174 are running for safely GOP seats; another 51 will appear on the ballot in tightly contested races.
First Proud Boys Leader Pleads Guilty to Jan. 6 Seditious Conspiracy
MSN – Spencer Hsu (Washington Post) | Published: 10/6/2022
A former Proud Boys leader became the group’s first member to plead guilty to seditious conspiracy in the Capitol riot, deepening the government’s case against an organization accused of mobilizing violence to prevent the inauguration of Joe Biden. Jeremy Bertino becomes a potential key witness against five Proud Boys leaders, some of whom had ties to influential supporters of Donald Trump. The Proud Boys defendants are set to face trial in December on charges including plotting to oppose by force the presidential transition.
Government Officials Invest in Companies Their Agencies Oversee
Fox Business – Rebecca Ballhaus, Brody Mullins, Chad Day, Joe Palazzolo, and James Grimaldi (Wall Street Journal) | Published: 10/11/2022
Thousands of officials across the government’s executive branch reported owning or trading stocks that stood to rise or fall with decisions their agencies made, a Wall Street Journal investigation found. More than 2,600 officials at agencies from the Commerce Department to the Treasury Department, during both Republican and Democratic administrations, disclosed stock investments in companies while those same firm were lobbying their agencies for favorable policies. That amounts to more than one in five senior federal employees across 50 federal agencies reviewed by The Journal.
How Trump’s Legal Expenses Consumed GOP Donor Money
MSN – Isaac Arnsdorf and Josh Dawsey (Washington Post) | Published: 10/11/2022
Donald Trump’s political operation has spent more money since he left office on lawyers representing the former president and a pair of nonprofits staffed by former Cabinet members than it has on Republican congressional campaigns. Legal fees are expected to climb, Trump advisers say, as he employs a growing retinue of lawyers to fend off federal, state, and county-level investigations. State-level Republicans have also used party resources to defray legal costs related to Trump’s attempts to stay in power.
Judge Dismisses DOJ Bid to Force Wynn to Register as Foreign Agent
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/12/2022
A federal judge dismissed a Department of Justice (DOJ) effort to force casino magnate Steve Wynn to acknowledge a stint as an agent of the Chinese government. U.S. District Court Judge James Boasberg expressed reservations about his own ruling but suggested that long-standing appeals court precedent bars the DOJ from requiring foreign agents to retroactively register once they are no longer performing that work. If the ruling stands, it could deal a blow to the effort to crack down on undisclosed foreign influence campaigns in the U.S.
Justice Dept. Asks Supreme Court to Deny Trump Request in Mar-a-Lago Case
MSN – Perry Stein and Robert Barnes (Washington Post) | Published: 10/11/2022
The Justice Department asked the U.S. Supreme Court to deny a petition from Donald Trump’s attorneys in the Mar-a-Lago search case, arguing that allowing an outside arbiter to review the classified documents seized from Trump’s residence would “irreparably injure” the government and as a former president, Trump has no “plausible” claims of ownership over sensitive government materials. It is the latest turn in the department’s high-stakes investigation to determine whether the former president or his advisers mishandled national security secrets or hid or destroyed government records.
Leonard Leo Pushed the Courts Right. Now He’s Aiming at American Society.
Seattle Times – Kenneth Vogel (New York Times) | Published: 10/12/2022
Activist Leonard Leo is best known for his role in pushing the appointments of conservative judges to the center of the Republican Party’s agenda. Now, he has developed a coalition that aims to transform American society. Most of the initiatives were supported by a network shaped by Leo and funded by wealthy patrons, usually through “dark money.” An investigation reveals new details of how he has built that network into one of the most sophisticated operations in U.S. politics, giving him influence as he pushes a broad array of conservative causes and seeks to counter what he sees as an increasing leftward tilt in society.
Misinformation Swirls in Non-English Languages Ahead of Midterms
Yahoo News – Tiffany Hsu (New York Times) | Published: 10/12/2022
Unsubstantiated rumors and outright falsehoods spread widely in immigrant communities ahead of the presidential election in 2020. That is happening again in the run-up to this year’s midterm elections, researchers say, but with an insidious twist. The social media accounts pushing misinformation are now targeting audiences in more languages on more topics and across more digital platforms. Multilingual fact checkers say they cannot keep pace with the deluge of falsehoods online. They have called on the big social media platforms, like Facebook and YouTube, to do more for efforts in other languages as they would for misinformation in English.
She Went Out on a Limb for Trump. Now She’s Under Justice Dept. Scrutiny.
Seattle Times – Glenn Thrush, Maggie Haberman, and Michael Schmidt (New York Times) | Published: 10/11/2022
This spring, one of the lawyers representing former President Trump made a request to Christina Bobb, who had just jumped from a Trump-allied cable network to a job in his political organization. M. Evan Corcoran asked Bobb to sign a statement that the Trump legal team had conducted a “diligent search” of Mar-a-Lago and found only a few files that had not been returned to the government. She later complained she did not have a full grasp of what was going on around her when she signed. Her sworn statement was shown to be false. Bobb’s trajectory is a familiar one in Trump’s orbit: a marginal player thrust into a position where her profile is elevated, but at the cost of serious legal and reputational risk.
Steele Dossier Source Heads to Trial, in Possible Last Stand for Durham
MSN – Salvadore Rizzo and Devlin Barrett (Washington Post) | Published: 10/10/2022
Former President Trump said special counsel John Durham’s investigation into the origins of the FBI’s 2016 Russia probe should “reveal corruption at a level never seen before in our country.” But the nearly three-and-a-half-year examination seems destined for a less dramatic conclusion as Durham put Igor Danchenko on trial. He was indicted on charges of lying to FBI agents who interviewed him about the sources behind his claims to former British spy Christopher Steele. Defense attorneys argue Danchenko made a series of “equivocal” statements to the FBI and should not be penalized for giving wishy-washy answers to vaguely worded questions.
Top House Staffers Are Still Overwhelmingly White, Study Finds
Roll Call – Jim Saska | Published: 10/6/2022
The senior aides who hold the most sway with members of Congress have grown more diverse in recent years, but still not nearly as diverse as the nation. A new study by the Joint Center for Political and Economic Studies finds people of color now occupy 18 percent of the top staff positions in the House, a four-point increase since 2018, but still much lower than the 40 percent of Americans who are not white. People of color have more representation among the actual representatives than their closest aides, the report finds.
Trump Worker Told FBI About Moving Mar-a-Lago Boxes on Ex-President’s Orders
MSN – Devlin Barrett and Josh Dawsey (Washington Post) | Published: 10/12/2022
A Trump employee told federal agents about moving boxes of documents at Mar-a-Lago at the specific direction of the former president, according to people familiar with the investigation, who say the witness account, combined with security-camera footage, offers key evidence of Donald Trump’s behavior as investigators sought the return of classified material. The witness description and footage offer the most direct account to date of Trump’s actions and instructions leading up to the FBI’s search, in which agents were looking for evidence of potential crimes including obstruction, destruction of government records, or mishandling classified information.
Why Little-Noticed State Legislative Races Could Be Hugely Consequential
Yahoo News – Nick Corasaniti (New York Times) | Published: 10/10/2022
With Congress often deadlocked and conservatives dominating the U.S. Supreme Court, state governments increasingly steer the direction of voting laws, abortion access, education, and other issues dominating the lives of Americans. The Supreme Court could soon add federal elections to that list. The justices are expected to decide whether to grant nearly unfettered authority over such elections to state Legislatures. If the court does so, many Democrats believe, lawmakers could have a pathway to overrule the popular vote in presidential elections by refusing to certify the results and instead sending their own slates of electors.
From the States and Municipalities
Alaska – APOC Says Dunleavy Backers Won’t Respond to Investigation Without Subpoena
Alaska Public Media – Lisa Phu (Alaska Beacon) | Published: 10/11/2022
In an investigation into alleged violations of campaign finance laws, an independent expenditure group supporting Alaska Gov. Mike Dunleavy’s reelection has refused to respond to requests for information. A complaint says the Republican Governors Association and Dunleavy are “engaged in a scheme” to subsidize and coordinate the campaign activities of the independent expenditure group A Stronger Alaska with those of Dunleavy’s official campaign committee. Coordination between a candidate or a candidate’s representatives and an independent expenditure group is prohibited.
California – Grand Jury Accuses Santa Clara City Council Members of Putting 49ers Ahead of City
MSN – Marisa Kendall (San Jose Mercury News) | Published: 10/7/2022
A grand jury report accuses several Santa Clara City Council members of getting too cozy with the San Francisco 49ers, neglecting their duties to constituents, and potentially violating state law. The report raises a series of concerns about the conduct of five council members who frequently vote in favor of the NFL team’s interests. Frequent closed-door meetings between 49ers lobbyists and those council members raised a “serious question” about whether they are violating state open-meeting laws, according to the report. The report also takes issue with some of the council members’ personal use of the stadium, among other issues.
California – Jose Huizar’s Brother to Testify in Federal Corruption Trial of Former L.A. Councilman After Pleading Guilty
Yahoo News – Nathan Solis (Los Angeles Times) | Published: 10/12/2022
The older brother of Jose Huizar admitted to lying to FBI agents about receiving envelopes of cash from Huizar and will cooperate with the federal government’s corruption investigation of the former Los Angeles City Council member. Jose Huizar gave his older brother, Salvador, envelopes of cash and asked him to write a check for the exact amount out of his own bank account, federal investigators said. Salvador Huizar admitting to repeatedly lying about the cash, including while under oath before a grand jury and as recently as two weeks ago when he was interviewed again by FBI agents.
California – Nury Martinez Resigns from L.A. City Council in Wake of Audio Leak Scandal
Yahoo News – David Zahniser, Julia Wick, Dakota Smith, and Benjamin Oreskes (Los Angeles Times) | Published: 10/12/2022
Nury Martinez, the Los Angeles City Council member at the center of the scandal over a taped conversation in which she made racist comments about colleagues and constituents, has resigned. The Los Angeles Times published a recording in which Martinez is heard making the remarks while talking with fellow council members Kevin de León and Gil Cedillo and labor leader Ron Herrera about how the city’s council district boundaries should be redrawn. The October 2021 conversation focused on how the group could maintain Latino political power while ensuring they and their colleagues would have districts that help them win reelection.
California – San Francisco Election Watchdog Boss Set to Resign
San Francisco Standard – Alex Mullany | Published: 10/12/2022
LeeAnn Pelham, executive director of the San Francisco Ethics Commission since January 2016, will resign on January 23, 2023. Over the years, the commission has been slow to handle complaints and been criticized for using the city attorney’s office as counsel rather than having its own independent attorneys. Yet, Pelham was able to hire more staff and modernize many of the commission’s systems. “I would say that LeeAnn Pelham substantially increased the reach of the commission in terms of accomplishing its mission,” commission member Larry Bush said.
Colorado – Adams County Must Pay Legal Fees of the Treasurer It Sued, Colorado Supreme Court Orders
MSN – John Aguilar (Denver Post) | Published: 10/10/2022
The Colorado Supreme Court ordered Adams County to pay the legal expenses of its elected treasurer, who it sued over allegations she mismanaged her office. The state’s high court called Adams County’s failure to cover Lisa Culpepper’s costs of defending herself against the county’s lawsuit an “abuse of discretion.” Culpepper would normally be represented by the county attorney’s office in legal matters. But because that same office was representing the county commissioners suing her meant Culpepper had to obtain outside counsel.
Colorado – Political Group Agrees to Pay Fine Over Primary Voter Guide That Failed to Disclose Information
Colorado Springs Gazette – Marianne Goodland (Colorado Politics) | Published: 10/11/2022
ProgressNow Colorado agreed to pay a fine of $16,277 for a primary “voter guide” that failed to fully disclose required information. It was the third complaint over ProgressNow’s voter guides in the past 18 months and the second that the organization has settled with the Elections Division. The first complaint, in 2021, resulted in a $3,000 fine.
Florida – DeSantis Broke Florida Precedent and Maybe the Law, Too, in Making Congressional Map
Yahoo News – Joshua Kaplan (ProPublica) | Published: 10/11/2022
An examination of how Florida’s congressional districts were drawn, and who helped decide the new boundaries, show Gov. Ron DeSantis’s administration appears to have misled the public and the Legislature and may also have violated state law. Gubernatorial aides worked behind the scenes with an attorney who serves as the national Republican Party’s top redistricting lawyer and other consultants tied to the national party apparatus. The Florida Constitution was amended in 2010 to prohibit partisan-driven redistricting, a landmark effort in the growing movement to end gerrymandering.
Florida – Ethics Panel Finds ‘Probable Cause’ That Miami Commissioner Abused Power with City Car
MSN – Joey Fletchas (Miami Herald) | Published: 10/12/2022
The Miami-Dade County Commission on Ethics and Public Trust agreed to charge Miami City Commissioner Alex Díaz de la Portilla with violating county ethics law and exploiting his official position after a friend who did not work for the city used a city car to pick up alcohol for the commissioner, drop off his dry cleaning, and drive him to a property his family owns. The friend, Jenny Nillo, worked for the Omni Community Redevelopment Agency, and should not have had access to the car, according to city policy.
Georgia – Common Cause Georgia Sues FEC Over Dismissed Complaint That Conservative Nonprofit Broke Finance Rules
Georgia Recorder – Stanley Dunlap | Published: 10/11/2022
Common Cause Georgia is suing the FEC for dismissing a complaint alleging conservative election-monitoring organization True the Vote illegally contributed to the Georgia Republican Party during the January 2021 runoffs for two U.S. Senate seats. The lawsuit accuses three Republican commissioners of failing to enforce federal campaign finance law when they went against the agency’s general counsel’s recommendation to open an investigation into the relationship between the Texas-based nonprofit and the Georgia GOP.
Georgia – GOP Crisis in Herschel Walker Race Was Nearly Two Years in the Making
MSN – Isaac Arnsdorf, Ashley Parker, Michael Scherer, and Josh Dawsey (Washington Post) | Published: 10/6/2022
In early 2021, as football star Herschel Walker considered running for the U.S. Senate, he approached some of Georgia’s top Republican operatives about advising his campaign. The operatives were warned about political vulnerabilities in Walker’s past that were openly discussed in the state’s political circles. Walker’s overwhelming name recognition and backing from former President Trump made him so formidable that state and national Republican leaders did not mount a serious challenge in the primary. Now, they are stuck with him as those liabilities threaten to dominate the news and derail his campaign.
Illinois – City Council Debate Over Private Booting Shines Light on Ways Clout and Campaign Cash Work in Chicago
WTTW – Heather Cherone | Published: 10/10/2022
Faced with a surge of criticism at City Hall, Innovative Parking Solutions owner Michael Denigris did what Chicago business owners have done for decades – he hired an influential lobbyist and poured tens of thousands of dollars into lawmakers’ campaign accounts. But it is not clear whether that expensive and time-consuming effort, which illuminates how wealthy interests get their issues in front of the city council, will pay off for Denigris and his firm.
Iowa – Iowa Board Requires ‘Paid for By’ Statements on Some Political Texts
Bleeding Heartland – Laura Bellin | Published: 9/28/2022
The Iowa Ethics and Campaign Disclosure Board said some political text messages are subject to the state law requiring disclosure of who is responsible for express campaign advocacy. Board Executive Director Zach Goodrich drafted the advisory to clarify when text messages can be considered “electronic general public political advertising.” He decided to address the issue after a mass texting campaign from an undisclosed source reached Kansas voters shortly before a constitutional referendum in August.
Maryland – Allegations Against Vice Chair Deepen Montgomery Planning Board Controversy
MSN – Daniel Wu (Washington Post) | Published: 10/11/2022
An investigation into Montgomery County Planning Board Chairperson Casey Anderson’s conduct has expanded to include the actions of Vice Chair Partap Verma and the abrupt firing of Planning Department Director Gwen Wright. A complaint sent to the county council levied new accusations against Verma, who already had been publicly reprimanded alongside Casey and fellow board member Carol Rubin, deepening concerns about the planning agency’s governance and rattling employees as a council vote looms on a long-term growth plan.
Missouri – St. Louis County Ethics Committee Stonewalled on Marijuana Questions
St. Louis Post-Dispatch – Joe Holleman | Published: 10/10/2022
The majority of the main players involved in a conflict-of-interest probe of St. Louis County Councilperson Lisa Clancy continue to give the silent treatment to the council’s ethics committee. Of five people involved in 2019 with Clancy and the county’s zoning laws for medical marijuana industry, all of whom refused to attend a committee meeting on September 6, only one has responded to written questions the committee sent out recently. The committee asked for a response by October 5.
Montana – GOP House Candidate Paid Vendors with Bad Checks and Misreported Debts
Montana Free Press – Arren Kimbel-Sannit | Published: 10/7/2022
Montana Commissioner of Political Practices Jeff Mangan found a state House candidate tried to pay vendors with bad checks and misreported accrued debts as expenditures, referring the matter to the Lewis and Clark County attorney for possible prosecution. Alden Tonkay misreported a minimum of $2,264 in debts, Mangan found. Those debts stemmed from non-payment to sign-making and catering companies. Tonkay repeatedly said he would send a response to the complaint as well as a full accounting of his campaign finances, but never delivered, according to Mangan’s decision.
Montana – How Montana’s New Election Laws Failed Legal Muster
Montana Free Press – Alex Sakariassen | Published: 10/6/2022
Three new laws that changed how Montanans can vote and access the polls were declared unconstitutional. People will once again be able to register to vote on Election Day, use student IDs and voter registration cards as primary identification at the polls, and accept payment for collecting ballots on behalf of voters unable to return them themselves. A spokesperson was noncommittal on whether Secretary of State Christi Jacobsen would appeal the decision to the Montana Supreme Court.
Nevada – How a Las Vegas Newsroom Set Out to Solve a Colleague’s Killing
MSN – Sarah Ellison (Washington Post) | Published: 10/6/2022
Executive Editor Glenn Cook sent an email to staff members at The Las Vegas Journal-Review on September 3, informing them that their colleague, Jeff German, had been found dead outside his home. Over four days of relentless reporting, Review-Journal staff would essentially solve the case, delving into German’s old stories and doing their own on-the-ground detective work to identify a surprising suspect, who is now behind bars, facing murder charges.
New Hampshire – In Time of Distrust, How One State Is Trying to Boost Voter Confidence
MSN – Joanna Slater (Washington Post) | Published: 10/10/2022
Since May, the New Hampshire Special Committee on Voter Confidence has traveled the length of the state holding public hearings that are part civics roadshow, part airing of grievances. They have come together for an unusual experiment aimed at bolstering faith in American democracy. The committee’s stated goal is to identify the causes of the decline in voter confidence and recommend ways to reverse it. Left unstated is the unprecedented nature of the current moment, where former President Trump and Republican candidates continue to deny the outcome of the 2020 election.
New Mexico – Vote to Amend Legislature’s Internal Investigative Procedure Fails
Santa Fe New Mexican – Robert Knott | Published: 10/11/2022
A body of lawmakers charged with administering legislative policies and procedures in the New Mexico Legislature deadlocked on a proposal to add a fifth and tiebreaking member to a pair of interim ethics committees, in effect killing the proposal and leaving the Legislature’s embattled internal investigation process unchanged. Calls for reform to the harassment policies and investigation of complaints have grown louder in the wake of accusations by lobbyist Marianna Anaya and others against Sen. Daniel Ivey-Soto.
New York – Hochul Raises Massive Sum in Final State Election Before New Campaign Finance System Kick In
Gothamist – Ethan Geringer-Sameth | Published: 10/12/2022
Since Kathy Hochul became governor of New York in August 2021, 47 people have given the maximum amount, $69,700, directly to her campaign. In total, Hochul’s campaign has brought in $46 million in her first 14 months in office. That massive sum will not be as easy to accumulate in future elections thanks to a new state campaign finance system that will lower individual contribution limits and establish a small-dollar public matching program for state-level offices. The new system goes into effect immediately after Election Day this year for the next election cycles and will apply to statewide offices.
New York – New State Ethics Watchdog Agrees to Chew on Old Cases
Albany Times Union – Chris Bragg | Published: 10/6/2022
New York’s ethics and lobbying commission is rolling over all pending investigations inherited from its predecessor, a move that increases the odds those inquiries will reach conclusions. As of September 23, the new ethics body had 32 “open investigations” in motion, including that of former Gov. Andrew Cuomo, had been scheduled to face a hearing over whether he violated the law by using state employees to assist in the production of his lucrative memoir of the Covid-19 pandemic.
New York – New York Lobbyists Hold Sway in Spite of Shake-Ups, Scandals
Poli-Ticks – Rebekah Ward (Albany Times Union) | Published: 10/7/2022
Lobbyists in New York often are key in passing or defeating legislation. Many are veteran lawmakers themselves or had prior jobs, including as agency leaders or legal counsel for top elected officials, that provide them connections and insight into the government’s inner workings, which enable them to shape political outcomes for their clients. They are a constant presence in Albany, customizing pitches to assuage the differing concerns of key officials, strategically framing stories to steer media attention, and using the hectic legislative calendar to their advantage.
Ohio – Ohio Is About to Hold Elections for Unconstitutional Congressional and Legislative Districts. Here’s How It Happened
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 10/9/2022
Ohio’s congressional and state legislative districts have twice been ruled unconstitutional by the state Supreme Court, but one of those maps will be in place for the November elections. It is the result of a previously untested state redistricting process, a months-long fight between Republican leaders and the Ohio Supreme Court, and a federal court finally intervening and picking one of the redistricting plans to use just for the 2022 election. So, despite voters approving two state constitutional amendments to end gerrymandering, the congressional and legislative lines have again been drawn in a way that gives Republicans a clear advantage.
Ohio – Steve Dackin, One-Time Ohio Schools Superintendent, Signs Settlement Agreement for Ethics Violations, Avoids Criminal Prosecution
MSN – Laura Hancock (Cleveland Plain Dealer) | Published: 10/7/2022
Steve Dackin, who spent 11 days as the state superintendent of public instruction before resigning amid an ethics investigation, signed a settlement with the Ohio Ethics Commission. The commission will not refer its investigation to any public prosecutor. Dackin will be required to attend three hours of ethics training and agreed to not apply for the state superintendent job again until February 26, 2023. Dackin had access to the applications for the job as the committee conducted its search. Days before the application period ended, Dackin resigned from the Ohio State Board of Education and submitted his own application for the job.
Tennessee – Kelsey Co-Defendant Smith to Plead Guilty in Federal Campaign Finance Case
Tennessee Lookout – Sam Stockard | Published: 10/11/2022
The co-defendant in a federal campaign finance case against Tennessee Sen. Brian Kelsey is set to plead guilty to one charge of funneling “soft money” to the senator’s congressional campaign six years ago. Federal prosecutors claim Kelsey and Josh Smith, the owner of The Standard Club in Nashville, conspired with others to illegally shift a total of more than $80,000 from his state account to buy ads that supported his federal race. Prosecutors say Kelsey gave Smith a check for more than $106,000 in July 2016 during a gathering at The Standard to be transferred from his campaign account to the restaurant’s PAC.
Washington – Judge: Facebook intentionally violated WA campaign finance law 822 times
Seattle Times – David Gutman | Published: 10/6/2022
A judge ruled Facebook’s parent company Meta intentionally violated Washington’s campaign finance law 822 times, which may subject the company to millions of dollars in fines. The law requires advertisers to make information about political ads run in Washington that appear on their platforms available for public inspection. The judge said the violations were intentional because of the company’s history of failure to comply with the law, its extensive experience with campaign finance law, and its “lack of good faith and failure to acknowledge and take responsibility for its violations.”
October 10, 2022 •
Monday’s LobbyComply News Roundup
Campaign Finance Iowa: “Iowa Board Requires ‘Paid for By’ Statements on Some Political Texts” by Laura Bellin for Bleeding Heartland Washington: “Judge: Facebook intentionally violated WA campaign finance law 822 times” by David Gutman for Seattle Times Elections National: “A […]
Campaign Finance
Iowa: “Iowa Board Requires ‘Paid for By’ Statements on Some Political Texts” by Laura Bellin for Bleeding Heartland
Washington: “Judge: Facebook intentionally violated WA campaign finance law 822 times” by David Gutman for Seattle Times
Elections
National: “A Majority of GOP Nominees – 299 in All – Deny the 2020 Election Results” by Amy Gardner (Washington Post) for MSN
Montana: “How Montana’s New Election Laws Failed Legal Muster” by Alex Sakariassen for Montana Free Press
Ethics
National: “First Proud Boys Leader Pleads Guilty to Jan. 6 Seditious Conspiracy” by Spencer Hsu (Washington Post) for MSN
Nevada: “How a Las Vegas Newsroom Set Out to Solve a Colleague’s Killing” by Sarah Ellison (Washington Post) for MSN
New York: “New State Ethics Watchdog Agrees to Chew on Old Cases” by Chris Bragg for Albany Times Union
Legislative Issues
National: “Top House Staffers Are Still Overwhelmingly White, Study Finds” by Jim Saska for Roll Call
September 12, 2022 •
Tallahassee City Commission Approves Changes To Lobbyist Regulations
The Tallahassee City Commission adopted Ordinance No. 22-O-20 and Resolution 22-R-22, amending certain lobbying provisions. Ordinance No. 22-O-20 repeals the requirement of quarterly compensation reports and requires lobbyists to register individually rather than by firm. Resolution 22-R-22 raises the registration […]
The Tallahassee City Commission adopted Ordinance No. 22-O-20 and Resolution 22-R-22, amending certain lobbying provisions.
Ordinance No. 22-O-20 repeals the requirement of quarterly compensation reports and requires lobbyists to register individually rather than by firm.
Resolution 22-R-22 raises the registration fee from $25 to $500. The changes are effective December 31.
September 2, 2022 •
News You Can Use Digest – September 2, 2022
National/Federal Document Reveals Identity of Donors Who Secretly Funded Nikki Haley’s Political Nonprofit Yahoo News – Alex Isenstadt (Politico) | Published: 8/26/2022 Many of the Republican Party’s biggest donors are among those who funneled anonymous contributions to former United Nations Ambassador […]
National/Federal
Document Reveals Identity of Donors Who Secretly Funded Nikki Haley’s Political Nonprofit
Yahoo News – Alex Isenstadt (Politico) | Published: 8/26/2022
Many of the Republican Party’s biggest donors are among those who funneled anonymous contributions to former United Nations Ambassador Nikki Haley’s nonprofit as she lays the groundwork for a prospective 2024 presidential bid, according to previously unreported tax documents. Like other nonprofits, Stand For America files an annual tax return with the IRS. While the agency and the group must make those filings available to the public, including the amounts of contributions, such nonprofits do not have to disclose the identities of their donors. The group Documented obtained an unredacted copy of Stand For America’s 2019 filings.
Experts Say a Trump-Backed Charity Is Pushing the Boundaries of Tax Law
National Public Radio – Tom Dreisbach | Published: 8/31/2022
Many figures connected to the failed plot to overturn the 2020 election have coalesced around an increasingly influential nonprofit – the Conservative Partnership Institute (CPI). A review of records and leaked audio suggests CPI may be risking legal trouble over its tax-exempt status. Experts said the group appears to be pushing the boundaries of the law by entwining itself with explicitly Republican and pro-Donald Trump political organizations. As an IRS-recognized charity, CPI is exempt from certain taxes. That also gives donors the benefit of deducting their contributions at tax time. But those benefits come with some strings attached.
Fox News Stars Questioned by Election Tech Company in Defamation Case
MSN – Rachel Weiner and Jeremy Barr (Washington Post) | Published: 8/30/2022
Some Fox News hosts are being compelled to answer questions about their coverage of the 2020 presidential election as a $1.6 billion defamation lawsuit from Dominion Voting Systems claims its reputation was ruined by the network’s airing of baseless allegations picks up steam. Lawyers for Dominion questioned Jeanine Pirro and Tucker Carlson, while Sean Hannity and former host Lou Dobbs are scheduled for depositions. They are among the on-air personalities that Dominion says defamed it either by falsely claiming the company conspired to rig the election against Donald Trump or by repeatedly hosting guests who made such claims.
Garland Bans Campaign Activity by Justice Dept. Political Appointees
MSN – Perry Stein (Washington Post) | Published: 8/30/2022
Justice Department political appointees cannot participate in campaign-related activities in any capacity, Attorney General Merrick Garland said, describing the change as necessary “to maintain public trust and ensure that politics … does not compromise or affect the integrity of our work.” The new policy underscores the political scrutiny Garland is facing before the midterm elections, as his agency investigates former president Trump’s handling of classified documents after leaving office and the potential involvement of Trump and other GOP politicians in efforts to overturn the results of the 2020 presidential election.
Justice Dept. Says Trump Team May Have Hidden, Moved Classified Papers
MSN – Devlin Barrett (Washington Post) | Published: 8/31/2022
Former President Trump and his advisers repeatedly failed to turn over highly classified government documents even after receiving a subpoena and pledging a “diligent search” had been conducted, leading to an FBI raid on his Florida home that found more than 100 additional classified items, according to a court filing. The filing traces government officials’ repeated efforts to recover national security papers from Trump’s residence, centered on a storage room where prosecutors came to suspect that “government records were likely concealed and removed … and that efforts were likely taken to obstruct the government’s investigation.”
They Were Some of the Last Journalists at Their Papers. Then Came the Layoffs.
MSN – Elahe Izadi (Washington Post) | Published: 8/28/2022
Newspaper companies have been struggling to find their financial footing with the decline of print advertising. A recent study predicted one-third of American newspapers that existed roughly two decades ago will go extinct by 2025. Another study found some 40,000 newspaper newsroom jobs vanished between 2008 and 2020. Gannett, the largest newspaper chain in the country with more than 200 daily newspapers and its flagship publication USA Today, has already been shedding jobs.
Trump’s Lawyers May Become Witnesses or Targets in Documents Investigation
Yahoo News – Charlie Savage (New York Times) | Published: 8/31/2022
Two lawyers for former President Trump are likely to become witnesses or targets in the investigation into how he hoarded documents marked as classified at his Florida estate and secretly held onto some even after the lawyers claimed all sensitive materials had been returned, legal specialists said. Christina Bobb and M. Evan Corcoran handled Trump’s interactions with the government over a subpoena seeking additional material marked as classified. In a court filing, the Justice Department suggested people in Trump’s circle concealed documents in defiance of that subpoena, putting a spotlight on the lawyers’ actions.
Watchdog Probing Massachusetts US Attorney’s Fundraiser Trip
Yahoo News – Alanna Durkin Richer and Farnoush Amiri (Associated Press) | Published: 8/31/2022
A watchdog agency is investigating whether Massachusetts’ top federal prosecutor violated a law that limits political activity by government workers for attending a political fundraiser that featured First Lady Jill Biden. The U.S. Office of Special Counsel said it has opened an investigation into a potential violation Hatch Act after U.S. Sen. Tom Cotton raised concerns over U.S. Attorney Rachael Rollins’ attendance at a July Democratic National Committee fundraiser in Andover, Massachusetts.
When an Election Denier Becomes a Chief Election Official
Yahoo News – Zach Montellaro (Politico) | Published: 8/29/2022
Many of the election deniers running for secretary of state this year have spent their time talking about something they cannot do: “decertifying” the 2020 results. The bigger question, amid concerns about whether they would fairly administer the 2024 presidential election, is exactly what powers they would have if they win this year. They could refuse to certify accurate election results, a nearly unprecedented step that would set off litigation in state and federal court. But secretaries of states’ roles in elections stretch far beyond approving vote tallies and certifying results. Many of the candidates want to dramatically change the rules for future elections, too.
From the States and Municipalities
Alabama – Alabama Ethics Commission Won’t Reconsider Decision on Exculpatory Information
MSN – Brian Lyman (Montgomery Advertiser) | Published: 8/25/2022
The Alabama Ethics Commission will not reconsider a decision that it does not have to disclose potentially exculpatory information to targets of investigations. The state attorney general’s office asked the commission to reconsider the decision in July. Under state law, the ethics panel investigates complaints against public officials. It functions as a kind of grand jury. It does not prosecute individuals for ethics violations. If the commission finds probable cause that ethics violations took place, it refers the case to the attorney general’s office or a district attorney for possible prosecution.
Alaska – Democrat Mary Peltola Wins Special Election in Alaska, Defeating Palin
MSN – Nathaniel Herz | Published: 8/31/2022
Democrat Mary Peltola has won a special election for the U.S. House in Alaska, defeating Sarah Palin and becoming the first Alaska Native to win a seat in Congress as well as the first woman to clinch the state’s at-large district. Peltola’s win flips a seat that had long been in Republican hands. She will serve the remainder of a term left open by the sudden death of U.S. Rep. Don Young. For the moment, it helps Democrats expand their current narrow House majority and gives the party a better chance of winning the seat in the fall, according to at least one nonpartisan elections analyst.
Arizona – Arizona Supreme Court Says Voters Can Decide Ballot Measures in November
KAWC – Howard Fischer (Capitol Media Services) | Published: 8/24/2022
Arizonans will be able to vote in November on two controversial ballot measures even though petition circulators did not comply with the law. In separate orders, the state Supreme Court said those who gather signatures for money are required to register for each petition campaign for which they work. Chief Justice Robert Brutinel said that did not happen in either the initiative to require disclosure of “dark money” in politics or another to cap medical debt payments. But Brutinel noted the office provided no procedure for those already registered to circulate other petitions to submit new registrations. The court agreed the signatures gathered by those who did not register anew should count.
California – A Sacramento School Trustee Walked Out of a Hotel with a Vase. Now She’s Reprimanded by Board
MSN – Jason Pohl and Sawsan Morrar (Sacramento Bee) | Published: 8/30/2022
A Sacramento school board member was reprimanded by her colleagues and ordered to undergo ethics training after a hotel employee accused her of trying to steal a red vase from the hotel lobby. Trustee Ericka Harden was filmed on security cameras at Embassy Suites, where she was attending a district-funded education leadership conference. On the video that hotel management sent the school district, Harden is seen walking out of the hotel with the vase. “This is to inform you of the altercation that has been encountered with your employee,” a hotel worker emailed the district. “The vase was returned as I did have to pull it out of her hands.”
California – California Lawmakers Reject Bill to Allow Their Staff to Unionize at the State Capitol
Yahoo News – Taryn Luna (Los Angeles Times) | Published: 8/31/2022
For the fourth time in five years, the California Legislature rejected a bill to allow its staff to unionize, parting with other West Coast states that have approved similar legislation to try to improve workplace conditions and offset power imbalances between politicians and their legislative staff. For decades, legislative employees have not received the same right to unionize as other private and public sector workers despite the Democratic Legislature’s close ties with unions at the Capitol.
California – ‘Close to the Line:’ California’s top campaign finance watchdog wants a deeper look at donor network
CalMatters – Alexei Koseff and Ben Christopher | Published: 8/26/2022
The Fair Political Practices Commission will consider new regulations more clearly defining coordination among affiliated campaign committees after the agency rejected a complaint against Govern For California. The complaint characterized the group’s network of independent committees as a “corporate structure that facilitates money laundering and vastly exceeds the contribution limits to candidates.” An investigation showed committees affiliated with Govern For California have come to play a prominent role in campaigns by making direct donations. Most of the funding to the chapters comes from the same group of 20 donors.
California – Inside a ‘Tale of Greed’ in San Francisco: Bribery scandal leads to 7-year prison sentence
Yahoo News – Gregory Yee (Los Angeles Times) | Published: 8/26/2022
Federal prosecutors called it “a tale of greed as old as time” – a powerful San Francisco official at the heart of a web of kickbacks, bribery, and fraud that stretched across more than a decade. Mohammed Nuru, a former public works director, was sentenced to seven years in federal prison for his role in a public corruption scheme that has ensnared at least a dozen San Francisco officials and business figures, eroded trust in City Hall, and led to an ongoing FBI investigation.
California – L.A. Council Fails to Pick a Replacement for Ridley-Thomas, Exposing a Divide at City Hall
Yahoo News – David Zahniser (Los Angeles Times) | Published: 8/30/2022
Ten months after Los Angeles City Councilperson Mark Ridley-Thomas was indicted on federal corruption charges, the council remains at odds over what should happen to his district – who should represent it and how that person should be selected. Heather Hutt has been the district’s caretaker since July, when a judge sidelined the council’s previous interim pick, former Councilperson Herb Wesson. Councilperson Monica Rodriguez, who opposed a vote on Hutt, said the council moved too swiftly last time it tried to fill the seat, selecting Wesson only to have two judges conclude he is ineligible because of term limits.
Delaware – Judge Upholds Two of Delaware Auditor’s Three Convictions
MSN – Randall Chase (Associated Press) | Published: 8/30/2022
A judge upheld two convictions against Delaware’s auditor for official misconduct and conflict-of-interest but tossed a jury’s third misdemeanor conviction for improperly structuring contract payments to a consulting firm. In issuing his decision, Superior Court Judge William Carpenter Jr. rejected Kathy McGuiness’ request for a new trial. McGuiness, who as auditor is responsible for rooting out government fraud, waste, and abuse, is the first statewide elected official in Delaware to be convicted on criminal charges while in office. She has maintained her innocence and is seeking re-election.
Florida – DeSantis Election Investigation Chief Told Local Officials They Face ‘No Fault’ for Felons Voting
MSN – Matt Dixon (Politico) | Published: 8/29/2022
Florida Gov. Ron DeSantis’ office tried to blame local election supervisors for mistakes that could have allowed 20 people convicted of felonies to illegally vote. But the state’s election investigations chief previously absolved those local officials of any wrongdoing, according to documents. Pete Antonacci, who runs DeSantis’ elections investigation office, sent a letter on August 18 to the state’s elections supervisors saying they did nothing wrong when individuals convicted of murder and sex offenses voted in the 2020 election cycle.
Florida – Miami-Dade Commissioner Martinez Surrenders at Jail as Warrant Details Corruption Probe
MSN – David Ovalle and Douglas Hanks (Miami Herald) | Published: 8/30/2022
Miami-Dade Commissioner Joe Martinez surrendered to face criminal charges, as an arrest warrant reveals he is being accused of accepting $15,000 in exchange for sponsoring a bill five years ago to help a shopping plaza that had been repeatedly hit with fines for code violations. The legislation ultimately never passed and did not wind up being considered by the county commission. But under Florida’s unlawful compensation law, prosecutors do not need to show the public official’s “exercise of influence” for illegal pay was actually “accomplished,” only that it was attempted.
Florida – ‘Our Plan Might Have Paid Off’: How FPL dollars secretly funded a spoiler vs. Levine Cava
MSN – Nicholas Nehamas, Douglas Hanks, Sarah Blaskey, and Mary Ellen Klas (Miami Herald) | Published: 8/25/2022
Jeff Pitts’ political consulting firm was a conduit for millions of dollars secretly spent by Florida Power & Light (FPL) on political races since 2018, records show. In one case, the plan was to use Jonathan Burke as a spoiler candidate to drain votes from Miami-Dade County Commissioner Levine Cava, who had clashed with FPL over a nuclear power plant and force her into a runoff against her main opponent, Republican Gus Barreiro, a leaked text message suggests. Money from FPL covered Burke’s $60,000 salary and paid the rent on a $2,300-per-month home in Miami-Dade’s District 8, according to records.
Florida – Seminole GOP Chair’s Trial in ‘Ghost’ Candidate Case Starts Today
MSN – Annie Martin (Orlando Sentinel) | Published: 8/29/2022
Seminole County Republican Party Chairperson Ben Paris is on trial, accused of contributing in his cousin’s name to independent “ghost” candidate Jestine Iannotti’s campaign in 2020. Paris is facing a misdemeanor charge in the scheme, which apparently was an attempt to aid Republican Sen. Jason Brodeur, who was Paris’s boss at the Seminole County Chamber of Commerce at the time of the race. Brodeur has denied any knowledge of his former employee’s actions.
Georgia – Judge Delays Gov. Kemp’s Testimony in Ga. Probe Until After November Election
MSN – Amy Wang and Ann Marimow (Washington Post) | Published: 8/29/2022
The judge presiding over the Georgia grand jury investigation into possible election interference by Donald Trump and his allies denied a motion from Gov. Brian Kemp to quash a subpoena requiring him to testify. But Fulton County Superior Court Judge Robert McBurney delayed Kemp’s appearance before the grand jury until “some date soon after” Election Day in November. Kemp, who is running for reelection against Stacey Abrams, has alleged the investigation is politically motivated.
Hawaii – Damning Report Unlikely to Affect Honolulu Ethics Director’s Job
Honolulu Civil Beat – Christina Jedra | Published: 8/26/2022
When Jan Yamane was hired by the Honolulu Ethics Commission in 2016, she was leaving the state auditor’s office where employees accused her of operating a hostile work environment that was plagued by favoritism, low morale, and harassment. The state attorney general’s office fought for years to keep the details secret. It only became public recently after a years-long legal fight. Yamane has now spent six years heading the city’s watchdog agency which, among other things, handles complaints about misconduct that may be similar in nature to what Yamane was accused of doing.
Idaho – Former Idaho Lawmaker Sentenced to 20 Years’ Prison for Rape
Yahoo News – Rebecca Boone (Associated Press) | Published: 8/31/2022
A former Idaho lawmaker convicted of raping a 19-year-old legislative intern was sentenced to 20 years in prison for the crime. Aaron von Ehlinger must serve at least eight years before he will be eligible for parole. Von Ehlinger was convicted of felony rape in April, roughly a year after he resigned from his House seat after an ethics committee recommended that he be banned from the statehouse. Von Ehlinger’s supporters publicized the intern’s name, photo, and personal details about her life after she reported the rape, and repeatedly harassed her.
Illinois – DeVore Loan Ends Contribution Caps in Illinois AG Race
Patabook.com – Dan Petrella (Chicago Tribune) | Published: 9/1/2022
Illinois attorney general nominee Thomas DeVore loaned his campaign $250,001, a move that opens the door to unlimited contributions in the race with incumbent Kwame Raoul. Under state law, contribution limits are lifted when a candidate for statewide office donates more than $250,000 to his campaign. Until then, the limits range from $6,000 for individuals to $239,900 for political party contributions to candidates statewide.
Illinois – Pritzker’s Personal Fortune Intersects with State Contracts
Better Government Association – David Jackson, Grace Golembiewski, and Chuck Neubauer | Published: 8/30/2022
Illinois Gov. J.B. Pritzker’s vast investment portfolio includes interests in a dozen for-profit companies that earned more than $20 billion in state business since he took office in 2019, a Better Government Association investigation found. In some cases, state dollars flowed to companies registered to lobby Pritzker, who as the state’s chief executive held enormous sway over their contracts. The intersection between Pritzker’s personal bottom line and his role as governor comes despite his promise to divest his personal fortune of investments in state contractors and to transfer his multibillion-dollar portfolio into what he called a “blind trust.”
Indiana – Study: Indiana ranks last in campaign finance laws
Journal Gazette – Brett Stover | Published: 8/28/2022
Indiana has the least restrictive campaign finance laws in the country, a new study shows. The Coalition for Integrity, which that focuses on corruption and transparency, released its first-ever State Campaign Finance Index this summer. The index examines laws from all 50 states and the District of Columbia, including regulations on campaign coordination and limits on expenditures. The report highlighted the state’s lack of a cap on individual contributions. Conservative lawyer Jim Bopp Jr. sees that lack of individual contribution regulation as one of the best parts of Indiana’s campaign finance laws.
Kentucky – Citing Conflict, Scott County Residents Sue to Remove Judge Candidate from Ballot
MSN – Taylor Six (Lexington Herald-Leader) | Published: 8/29/2022
Two Scott County residents filed a civil lawsuit to remove Rob Johnson from the ballot as 14th Circuit judicial candidate. Johnson is married to 14th Judicial Circuit Commonwealth Attorney Sharon Mus. Plaintiffs say this creates a situation where Johnson could not perform the majority of the constitutional duties of the position for which he seeks election unless he violates the Judicial Canons of Ethics.
Maryland – Md. Watchdog: Reports from Pr. George’s school board ethics panel are unreliable
MSN – Nicole Asbury (Washington Post) | Published: 8/27/2022
An ethics report that targeted Prince George’s County school board members was unreliable, included “factually inaccurate” information, and omitted key exonerating statements from witnesses, Maryland’s education watchdog said. The error-riddled reports completed last year by a county school board ethics advisory panel and leaked to some community members, accused seven school board members of a variety of offenses, including steering contracts, doing political favors, and engaging in a quid pro quo with a labor union.
Michigan – Michigan Elections Panel Deadlocks, Leaving Abortion Rights Proposal Off Ballot
Yahoo News – Clara Hendrickson (Detroit Free Press) | Published: 9/1/2022
Michigan’s elections panel deadlocked along partisan lines on certifying an abortion rights measure for this fall’s ballot that proposed adding an explicit right to seek the procedure in the state. The impasse leaves the measure off the ballot. But the Reproductive Freedom for All plans to file an appeal asking the Michigan Supreme Court to put the proposed constitutional amendment before voters as election officials prepare to send out ballots next month. The Board of Canvassers’ two Republican members said organizers circulated a petition to collect voter signatures that was riddled with errors the board could not approve.
Michigan – Romulus Ex-Mayor Burcroff Pleads Guilty in Federal Corruption Case
Detroit News – Robert Snell | Published: 8/25/2022
Former Romulus Mayor LeRoy Burcroff pleaded guilty to wire fraud after being accused of spending more than $15,000 in campaign funds on personal expenses. Federal prosecutors alleged he defrauded campaign donors who thought the money would be spent on re-election expenses. Instead, prosecutors say he spent the money on his daughter’s wedding, a Florida vacation, flowers, a $4,500 alcohol bill, and dues and expenses at the Belleville Yacht Club.
Michigan – Who Controls Where and When You See Political Ads? It’s Complicated.
MLive.com – Jordyn Hermani | Published: 9/1/2022
Online outrage was sparked after a journalist noticed a 30-second advertisement, which alleges Michigan gubernatorial candidate Tudor Dixon believes there should be a total ban on abortion even in the instances of rape or incest, interrupted a children’s cartoon being streamed on Hulu. The streaming service only began running political ads this year after backlash when it initially refused to run ads from Democratic groups. Political scientist Ken Miller said the ad may not have been intended to land in a children’s show but could have a similar effect as if it had been placed during the evening news.
New Jersey – Legislative Resolutions Raise the Question: What’s the point?
New Jersey Monitor – Dana DiFilippo | Published: 8/30/2022
Resolutions are a popular way for state lawmakers to butter up constituents, grab headlines, or publicize their positions on federal issues or other matters over which they wield little control. So far this legislative session, resolutions represent about 10 person of all legislation in the New Jersey General Assembly. But only 22 resolutions, less than three percent of those introduced, have passed this year. John Froonjian of the William J. Hughes Center for Public Policy at Stockton University, said some resolutions pushed by lawmakers “are not exactly heavyweight public policy,” and he thinks the public can rightly question, “What’s the point?”
New York – Skirting Ethics Order, Hochul Seeks Donations from Cuomo Appointees
archive.today – Jay Root (New York Times) | Published: 8/30/2022
New York Gov. Kathy Hochul has been taking money from appointees of the governor, despite an executive order designed to prevent it. In her first year in office, Hochul has accepted more than $400,000 from appointees on boards across the state as well as the appointees’ spouses, a New York Times analysis found. Hochul’s campaign said it was appropriate to accept the contributions because they came from people appointed by her predecessor, Andrew Cuomo. The argument underscored a loophole in the ethics order that would seem to allow one governor to accept money from another governor’s board and commission appointees.
Pennsylvania – Pa.’s Unreliable Lobbyist Disclosure Website Is Getting a User-Friendly Upgrade
Spotlight PA – Kate Huangpu | Published: 8/29/2022
An initiative to improve the online system in Pennsylvania that lobbyists use to disclose which organizations have hired them and how they spend money got a boost in this year’s state budget. A line item listed only as “Lobbying Disclosure” under the Department of State’s general appropriations is funded at $714,000 for the fiscal year that started in July, a 150 percent increase over the previous year. A Department of State spokesperson said the money will fund an IT upgrade to a system that has been criticized as lagging, unintuitive, and often down.
South Dakota – ‘Nobody Thought This Would Be a Governor’: Noem complaint leads to key chapter in short life of ethics board
Fargo Forum – Jason Hayward | Published: 8/30/2022
A recent meeting of the Government Accountability Board, where it moved on two complaints against South Dakota Gov. Kristi Noem, was the latest in a series of unprecedented events for the board, which was created in response to a series of scandals and an initiated measure. This is the first set of complaints the board has not simply dismissed, meaning the details of the process for a possible contested case must be figured out on the fly. The confidentiality inherent to the board’s process was undermined by Jason Ravnsborg, the former attorney general who brought the complaints public during a feud with Noem over her calling for his impeachment.
Virginia – Judge Throws Out Obscenity Case Attempting to Restrict Sales of Books in Virginia Beach
Virginia Mercury – Graham Moomaw | Published: 8/30/2022
A judge in Virginia dismissed a lawsuit that sought to declare two books as obscene for children and to restrict their distribution to minors, including by booksellers and libraries. The books in question were “Gender Queer: A Memoir” and “A Court of Mist and Fury.” State Del. Tim Anderson filed the suit on behalf of former GOP congressional candidate Tommy Altman. They characterized it as part of a broader effort to strengthen parental control over what children read, while critics denounced it as old-fashioned censorship. The hearing focused less on the merits of the books or First Amendment issues and more on flaws with Virginia’s obscenity law.
Washington DC – D.C. Office Of Campaign Finance Will Investigate Ward 3 Poll Conducted by Councilmember Elissa Silverman
DCist – Callan Tansill-Suddath | Published: 8/26/2022
The Office of Campaign Finance confirmed it will investigate a complaint against District of Columbia Councilperson Elissa Silverman. The complaint says Silverman conducted a telephone poll of residents in Ward 3 ahead of the June 21 primary election and discussed the results with her preferred candidate in the race. That amounted to improper coordination between campaigns and an in-kind campaign contribution that should have been reported, according to the complaint.
Wisconsin – Former Milwaukee Ald. Chantia Lewis Has Seen Sentenced to 30 Days in Custody, 3 Years’ Probation
Yahoo News – Alison Dirr (Milwaukee Journal Sentinel) | Published: 8/25/2022
Former Milwaukee Ald. Chantia Lewis was sentenced to 30 days in custody as a condition of three years’ probation following her conviction on two felonies related to her conduct in office. Lewis was removed from office after pleading guilty to a count of misconduct in public office and no contest to a count of intentionally accepting an illegal campaign finance disbursement. Prosecutors said she took at least $21,666 in campaign funds and false travel reimbursements from the city between 2016 and 2020.
September 1, 2022 •
Thursday’s LobbyComply News Roundup
Campaign Finance National: “Experts Say a Trump-Backed Charity Is Pushing the Boundaries of Tax Law” by Tom Dreisbach for National Public Radio New York: “Skirting Ethics Order, Hochul Seeks Donations from Cuomo Appointees” by Jay Root (New York Times) for […]
Campaign Finance
National: “Experts Say a Trump-Backed Charity Is Pushing the Boundaries of Tax Law” by Tom Dreisbach for National Public Radio
New York: “Skirting Ethics Order, Hochul Seeks Donations from Cuomo Appointees” by Jay Root (New York Times) for archive.today
Elections
Florida: “DeSantis Election Investigation Chief Told Local Officials They Face ‘No Fault’ for Felons Voting” by Matt Dixon (Politico) for MSN
Kentucky: “Citing Conflict, Scott County Residents Sue to Remove Judge Candidate from Ballot” by Taylor Six (Lexington Herald-Leader) for MSN
Ethics
National: “Justice Dept. Says Trump Team May Have Hidden, Moved Classified Papers” by Devlin Barrett (Washington Post) for MSN
National: “Garland Bans Campaign Activity by Justice Dept. Political Appointees” by Perry Stein (Washington Post) for MSN
Delaware: “Judge Upholds Two of Delaware Auditor’s Three Convictions” by Randall Chase (Associated Press) for MSN
South Dakota: “‘Nobody Thought This Would Be a Governor’: Noem complaint leads to key chapter in short life of ethics board” by Jason Hayward for Fargo Forum
Virginia: “Judge Throws Out Obscenity Case Attempting to Restrict Sales of Books in Virginia Beach” by Graham Moomaw for Virginia Mercury
Legislative Issues
California: “L.A. Council Fails to Pick a Replacement for Ridley-Thomas, Exposing a Divide at City Hall” by David Zahniser (Los Angeles Times) for Yahoo News
August 31, 2022 •
Wednesday’s LobbyComply News Roundup
Campaign Finance National: “Document Reveals Identity of Donors Who Secretly Funded Nikki Haley’s Political Nonprofit” by Alex Isenstadt (Politico) for Yahoo News Michigan: “Romulus Ex-Mayor Burcroff Pleads Guilty in Federal Corruption Case” by Robert Snell for Detroit News Elections National: […]
Campaign Finance
National: “Document Reveals Identity of Donors Who Secretly Funded Nikki Haley’s Political Nonprofit” by Alex Isenstadt (Politico) for Yahoo News
Michigan: “Romulus Ex-Mayor Burcroff Pleads Guilty in Federal Corruption Case” by Robert Snell for Detroit News
Elections
National: “Fox News Stars Questioned by Election Tech Company in Defamation Case” by Rachel Weiner and Jeremy Barr (Washington Post) for MSN
Ethics
National: “They Were Some of the Last Journalists at Their Papers. Then Came the Layoffs.” by Elahe Izadi (Washington Post) for MSN
California: “A Sacramento School Trustee Walked Out of a Hotel with a Vase. Now She’s Reprimanded by Board” by Jason Pohl and Sawsan Morrar (Sacramento Bee) for MSN
Florida: “Miami-Dade Commissioner Martinez Surrenders at Jail as Warrant Details Corruption Probe” by David Ovalle and Douglas Hanks (Miami Herald) for MSN
Illinois: “Pritzker’s Personal Fortune Intersects with State Contracts” by David Jackson, Grace Golembiewski, and Chuck Neubauer for Better Government Association
Legislative Issues
New Jersey: “Legislative Resolutions Raise the Question: What’s the point?” by Dana DiFilippo for New Jersey Monitor
August 26, 2022 •
News You Can Use Digest – August 26, 2022
National/Federal An Unusual $1.6 Billion Donation Bolsters Conservatives Seattle Times – Kenneth Vogel and Shane Goldmacher (New York Times) | Published: 8/22/2022 A new conservative group received $1.6 billion from one donor, which among the largest – if not the largest […]
National/Federal
An Unusual $1.6 Billion Donation Bolsters Conservatives
Seattle Times – Kenneth Vogel and Shane Goldmacher (New York Times) | Published: 8/22/2022
A new conservative group received $1.6 billion from one donor, which among the largest – if not the largest – single contributions ever made to a politically focused nonprofit. The source of the money was Barre Seid, an electronics manufacturing mogul. The beneficiary is a nonprofit controlled by Leonard Leo, an activist who has used his connections to Republican donors and politicians to help engineer the conservative dominance of the Supreme Court and to finance battles over abortion rights, voting rules, and climate change policy.
Ex-Interior Secretary Zinke Lied to Investigators in Casino Case, Watchdog Finds
MSN – Lisa Rein and Anna Phillips (Washington Post) | Published: 8/24/2022
Former Interior Secretary Ryan Zinke, the leading contender to win a new U.S. House seat representing Montana this fall, lied to investigators several times about conversations he had with federal officials, lawmakers, and lobbyists about a petition by two Indian tribes to operate a casino in New England, the department’s watchdog said. Investigators concluded that when questioned about his talks with Interior attorneys and others outside the department, Zinke and his then-chief of staff failed to comply with their “duty of candor” as public officials to tell the truth, the report said.
Federal Campaign Spending on Childcare Expenses Grows in 2022 Midterms
OpenSecrets – Taylor Giorno | Published: 8/17/2022
Federal candidates are on track to spend more money on childcare ahead of 2022 midterms than in either of the previous two election cycles. For the first time since the FEC approved the expense in 2018, men are driving the increase in childcare expenditures. U.S. Rep. Eric Swalwell’s campaign spent more money on childcare than any other male federal candidate this election cycle as of June 30. A record number of mothers were sworn into Congress in 2019. But an analysis shows fewer women are using federal funds to cover childcare expenses this election cycle.
Files Copied from Voting Systems Were Shared with Trump Supporters, Election Deniers
MSN – Jon Swaine, Aaron Davis, Amy Gardner, and Emma Brown (Washington Post) | Published: 8/22/2022
Sensitive election system files obtained by attorneys working to overturn former President Trump’s 2020 defeat were shared with election deniers, conspiracy theorists, and right-wing commentators. A computer forensics firm hired by the attorneys placed the files on a server, where company records show they were downloaded dozens of times. The records include contracts between the firm and the Trump-allied attorneys, notably Sidney Powell. The data files are described as copies of components from election systems in Coffee County, Georgia, and Antrim County, Michigan.
‘It’s a Rip-Off’: GOP spending under fire as Senate hopefuls seek rescue
MSN – Isaac Arnsdorf (Washington Post) | Published: 8/19/2022
Republican U.S. Senate hopefuls are getting crushed on airwaves across the country while their national campaign fund is pulling ads and running low on cash, leading some campaign advisers to demand an audit of the National Republican Senatorial Committee’s (NRSC) finances. The NRSC canceled bookings worth about $10 million. A spokesperson said the NRSC is not abandoning those races but prioritizing ad spots that are shared with campaigns and benefit from discounted rates. Still, the cancellations forfeit cheaper prices that came from booking early, and better budgeting could have covered both.
Justice Dept. Memo to Not Charge Trump in Russia Probe Released
MSN – Devlin Barrett and Rachel Weiner (Washington Post) | Published: 8/24/2022
The Justice Department released the entire text of a secret 2019 memo that laid out the legal rationale for not charging then-President Trump with committing obstruction of justice in the investigation into whether Russia interfered in the 2016 election. The memo says no potential instances of obstruction of justice by Trump that were cited by special counsel Robert Mueller III’s “would warrant a prosecution for obstruction of justice,” regardless of whether the person being investigated was a sitting president.
New Claims Against Ex-Miami Congressman Hired by Venezuela
Yahoo News – Joshua Goodman (Associated Press) | Published: 8/20/2022
Former U.S. Rep. David Rivera, who signed a $50 million consulting contract with Venezuela’s socialist government, not only did no apparent work, but also channeled a large chunk of the money to a yacht company on behalf of a fugitive billionaire, according to new allegations in a civil suit. Rivera’s Interamerican Consulting was sued by PDV USA, a Delaware-based affiliate of Venezuelan-owned Citgo. It alleges Rivera performed no work for the $50 million contract he signed in 2017 for three months of “strategic consulting” meant to build bridges with key U.S. stakeholders.
Rep. Cawthorn Tells Feds He Forgot About $236K; Sends Amended Campaign Finance Report
Yahoo News – Joe Burgess (Asheville Citizen-Times) | Published: 8/22/2022
Days after filing a mandatory federal campaign finance document whose month-late arrival could garner him more than $17,000 in fines, U.S. Rep. Madison Cawthorn has filed another document saying he got the first report wrong. That is because he forgot about the $235,566 that he personally gave the campaign, the latest report says. While amendments such as the one Cawthorn filed are not uncommon, ones that show large changes can trigger FEC action, said FEC spokesperson Mills Martin. “What is part of the amendment that might be looked at by the FEC are what the changes are and what the additional amounts are,” Martin said.
Republicans Turn Against League of Women Voters
ProPublica – Megan O’Matz | Published: 8/18/2022
The League of Women Voters, known for focusing on voter registration, hosting debates, and conducting candidate surveys, has been more visible recently in advocating for issues like racial equity and abortion rights. As a result, the league is drawing criticism in ways that are extraordinary for the once-staid group. Republicans are pushing back, casting it as a collection of angry leftists. With more right-leaning candidates snubbing the league, voters are less likely to hear directly from those candidates in unscripted forums. That pushback sidelines the league at a time when misinformation has become a significant force in elections at every level.
Some Companies’ Political Spending Fuel Voter Suppression. Shareholders are Pushing Back
Fast Company – Kathryn Kranhold (Capital & Main) | Published: 8/25/2022
Shareholders are pressuring some of the largest American corporations to account for political spending that may be aiding voter suppression or election interference. In the past, shareholder activism has focused mostly on corporate-responsibility causes, such as environmental issues and pay equity between men and women as well as governance like executive pay. The newest movement, addressing threats to democracy, is gaining traction.
Trump Had More Than 300 Classified Documents at Mar-a-Lago
Yahoo News – Maggie Haberman, Jodi Kantor, Adam Goldman, and Ben Protess (New York Times) | Published: 8/22/2022
The initial batch of documents retrieved by the National Archives from former President Trump in January included more than 150 marked as classified, a number that ignited concern at the Justice Department and helped trigger the investigation that led FBI agents to search Mar-a-Lago seeking to recover more, people briefed on the matter said. In total, the government has recovered more than 300 documents with classified markings from Trump since he left office. The volume of the sensitive material found in Trump’s possession helps explain why the Justice Department moved so urgently to hunt down any further classified materials he might have.
Trump Kept More Than 700 Pages of Classified Documents, Letter from National Archives Says
Minneapolis Star Tribune – Alan Feuer (New York Times) | Published: 8/23/2022
Donald Trump took more than 700 pages of classified documents, including some related to the nation’s most covert intelligence operations, to his private club and residence in Florida when he left the White House, according to a letter the National Archives sent to his lawyers. The letter described the alarm in the Justice Department as officials realized how serious the documents were. It also suggested top prosecutors and members of the intelligence community were delayed in conducting a damage assessment about the documents’ removal as Trump’s lawyers tried to argue some of them might have been protected by executive privilege.
White Coats in the State Capital: OB-GYNs become political force in abortion wars
Yahoo News – Alice Miranda Ollstein and Megan Messerly (Politico) | Published: 8/22/2022
Physicians, many of whom have never mobilized politically, are banding together in the wake of the Supreme Court overturning Roe v. Wade, lobbying state lawmakers, testifying before committees, forming PACs, and launching online campaigns against proposed abortion restrictions. Lawmakers who are physicians are using their medical backgrounds to persuade colleagues to scale back some of the more restrictive and punitive portions of anti-abortion laws being considered. The new groups’ early successes in some of the nation’s most conservative states signal the power they hope to wield in the coming months as well as in years to come.
Canada
Canada – Ethics Investigation Flags Problem with Transparency in Alberta’s Lobbyist Act
MSN – Hamdi Issawi (Edmonton Journal) | Published: 8/22/2022
One of Alberta’s rules for registering lobbyists needs to change “to promote public transparency” according to a recent investigation by the province’s office of the ethics commissioner. The office began an investigation in May to determine whether Mark Kuspira, the owner of a business known as Crush Imports, had breached the Lobbyists Act – specifically whether he failed to appropriately file a return with the lobbyist registry, and whether he had been lobbying without a filed return.
From the States and Municipalities
Alaska – Ranked Choice Voting, in First Test in Alaska, Is Already Under Attack
Yahoo News – Nathaniel Herz (Anchorage Daily News) | Published: 8/17/2022
Alaskans went to the polls on August 16 for the first time using a new ranked choice system that is already under attack by a number of the politicians competing within it, and voters, in interviews, offered wide-ranging reviews. Many said they like the new system and called it intuitive. But there was also anger from voters across the political spectrum, even though much of the criticism of ranked choice has so far come from conservatives who assert it was set up to protect incumbent U.S. Sen. Lisa Murkowski from right-wing challengers.
Arizona – Court Battles Rage Over 3 Arizona Voter Initiatives
MSN – Bob Christie (Associated Press) | Published: 8/15/2022
Proponents of three voter initiatives who each turned in hundreds of thousands of signatures to qualify them for the November ballot are trying to beat back legal challenges that could prevent them from going before voters. Two of the measures – one requiring disclosure of who is funding political campaigns and another rolling back or blocking efforts by Republicans to tighten voting rules – are being challenged by pro-business groups. They alleged paid petition circulators made errors or omitted required information on their registrations with the secretary of state or petitions.
Arkansas – Court Tosses Arkansas Law Limiting Election Helpers
Arkansas Democrat-Gazette – Doug Thompson | Published: 8/23/2022
A 2009 Arkansas law forbidding one person from acting as translator for more than six voters in casting their ballots violates the federal Voting Rights Act, U.S. District Court Judge Timothy Brooks ruled. A provision of the 1965 law allows voters who require assistance because of an inability to read or write to get assistance from a person of the voter’s choice, Brooks said. His order told state and county election officials to cease trying to enforce the six-person limit and strike all mention of it from election materials.
Arkansas – Settlement Requires Arkansas Senator to Unblock Critics
MSN – Andrew DeMillo (Associated Press) | Published: 8/17/2022
Arkansas Sen. Jason Rapert will be required to unblock critics from his social media accounts under a settlement a national atheists’ group. Rapert is required to remove any restrictions on his social media accounts and will have to pay more than $16,000 to American Atheists for costs related to a lawsuit. Rapert said he is the founder and president of the National Association of Christian Lawmakers, which works to “restore the Judeo-Christian foundations of our government.”
California – California Targets Local Recall Election ‘Hyperpartisanship’
MSN – Don Thompson (Associated Press) | Published: 8/23/2022
Democratic lawmakers moved to limit the “hyperpartisanship” they said has increasingly corrupted California’s local recall elections, over the objection of Republicans who said it could boost costs and thwart voters’ will. Currently, voters generally decide whether to recall a sitting official and choose that official’s replacement at the same time and on the same ballot. But that could result in a replacement taking office with a minority of votes in a multi-candidate field, and with potentially fewer votes than the official who is ousted.
California – Judge Issues Order That Keeps Herb Wesson Off the L.A. City Council
MSN – David Zahniser (Los Angeles Times) | Published: 8/23/2022
A judge barred former Los Angeles City Councilperson Herb Wesson from returning to City Hall as a temporary fill-in for council member Mark Ridley-Thomas for at least two months, leaving his district without a voting representative. The Southern Christian Leadership Conference of Southern California has argued Wesson is barred under the city’s term limit law from returning to the council while Ridley-Thomas fights corruption charges. Wesson served more than three terms, the maximum allowed, before being appointed to the temporary post earlier this year.
California – This Former L.A. Politician Took Cash in Envelopes. Now He’s Been Fined $79,830
MSN – David Zahniser (Los Angeles Times) | Published: 8/17/2022
Five years ago, Los Angeles City Councilperson Mitchell Englander took a fateful trip to Las Vegas with a clutch of businesspeople and city staffers, accepting a free hotel room, expensive liquor, and an envelope containing $10,000, among other things. That trip eventually led to a 14-month prison sentence for Englander. The city Ethics Commission voted recently to levy a $79,830 penalty against him for violating gift laws. Commission investigators concluded Englander far exceeded the city’s limits on gifts to public officials, failed to fully report those gifts, and misused his position as a council member.
Florida – DeSantis’s New Election Crimes Unit Makes Its First Arrests
MSN – Lori Rozsa and Tim Craig (Washington Post) | Published: 8/18/2022
Florida Gov. Ron DeSantis announced the first arrests made by the state’s new elections police force – twenty people previously incarcerated for murder or sexual assault who he said had illegally voted in the 2020 election. The Florida Legislature passed a bill creating the Office of Election Crimes and Security earlier this year at DeSantis’s behest. While the 2020 election went smoothly in Florida – DeSantis called it the “gold standard” for elections – the governor has said there are still issues and conservative lawmakers have sought to further tighten voting regulations.
Florida – Judge Blocks Florida’s ‘Stop Woke Act’ Restrictions for Private Companies
MSN – Tim Craig (Washington Post) | Published: 8/18/2022
A federal judge ruled that a Florida law restricting workplace bias or diversity training violates the First Amendment and cannot be enforced. U.S. District Court Judge Mark Walker said Florida has turned “the First Amendment upside down” by trying to regulate how employers train employees on topics such as racial inclusion and gender equity. The “Stop Woke Act” prohibits trainings in public schools, colleges and universities, and workplaces that may cause someone to feel guilty or ashamed about the past collective actions of their race or sex. A violation of the act is an offense under state anti-discrimination laws.
Georgia – Georgia PSC Elections Again Delayed After High Court Ruling
MSN – Jeff Amy (Associated Press) | Published: 8/19/2022
Two Georgia Public Service Commission elections will not occur this November, the U.S. Supreme Court ruled, reversing an earlier appeals court ruling that allowed them to proceed. Instead, the justices reverted to the original decision by a federal judge in Atlanta that postponed the vote after finding that electing the five commissioners statewide illegally diluted Black votes. The Supreme Court ruled U.S. District Court Judge Steven Grimberg’s decision did not come too close to the election.
Georgia – Sen. Graham Gets Temporary Reprieve in Testifying Before Ga. Grand Jury
MSN – Amy Wang and Tom Hamburger (Washington Post) | Published: 8/21/2022
A federal appeals court has temporarily paused an order that would have required U.S. Sen. Lindsey Graham to testify before a Georgia grand jury investigating Republican efforts to reverse the 2020 presidential election results in the state. The legal maneuvering is the latest sign of tension between prosecutors and high-profile witnesses in the Fulton County district attorney’s expansive criminal probe of alleged election interference by former President Trump and his allies. After seeking repeated delays, Rudy Giuliani testified for six hours recently.
Michigan – Jury Convicts Adam Fox, Barry Croft Jr. in Whitmer Kidnapping Plot
MSN – Tresa Baldas (Detroit Free Press) | Published: 8/23/2022
In a do-over for the government, a federal jury convicted two men charged with plotting to kidnap and kill Michigan Gov. Gretchen Whitmer out of anger over her handling of the pandemic, ending a trial that highlighted the growth of violent extremism in America. Adam Fox and Barry Croft Jr. were convicted on all counts and face up to life in prison. The men were judged by a second, more diverse jury than in the first trial, which ended with no convictions for the government. Two men were acquitted in that trial and the jury deadlocked on charges against Fox and Croft Jr., triggering a mistrial that prompted the government to try again.
Missouri – Ex-St. Louis Alderman John Collins-Muhammad Admits Federal Corruption Charges
St. Louis Post-Dispatch – Joel Currier | Published: 8/23/2022
Former St. Louis Alderman John Collins-Muhammad pleaded guilty in a federal bribery case against him and two other ex-city officials. He admitted to theft or bribery concerning programs receiving federal funds, racketeering, and wire fraud. Collins-Muhammad is the first of three ex-council members to plead guilty after being indicted on charges of accepting cash bribes from a local businessperson in exchange for tax breaks. He admitted accepting $7,000 in cash, $3,000 in campaign donations, a new iPhone 11, and a 2016 Volkswagen CC sedan in exchange for his help.
New Jersey – Car Insurance Bills Shine Spotlight on Lawmaker Ethics
New Jersey Monitor – Sophie Nieto-Munoz | Published: 8/23/2022
In New Jersey’s part-time Legislature, lawmakers are often involved in legislation related directly to their full-time careers. Often these votes generate little controversy, especially if the bills pass with wide support. While watchdogs might voice concerns about conflicts-of-interest, lawmakers say their day jobs offer an insider’s knowledge that helps them better shape potential policy. But sometimes public policy can lead to financial windfalls. That is why questions are swirling about whether two top lawmakers will financially benefit from a package of bills Gov. Phil Murphy signed into law recently.
New York – Lobbyists Navigate a More Civil Yet Nuanced Landscape in Albany
City & State – Tim Murphy | Published: 8/22/2022
For a decade, and until only about a year ago, lobbyists, advocates, consultants, and others seeking to influence Albany all feared one thing: the wrath of then-Gov. Andrew Cuomo and his close advisors. Dealing with Cuomo’s inner circle was never pleasant, according to lobbyists, but cross them and they would lash out. In the past year with Gov. Kathy Hochul, they said that has changed.
North Carolina – N.C. Attorney General Can’t Be Charged with Crime Over Campaign Ad – Yet
MSN – Rachel Weiner (Washington Post) | Published: 8/24/2022
An appeals court temporarily blocked an investigation into North Carolina Attorney General Josh Stein over a negative campaign ad, saying the state law he is accused of violating is probably unconstitutional. The debate turns on a 1931 law that criminalized the publication of a “derogatory” campaign ad, “knowing such report to be false or in reckless disregard of its truth or falsity.” A grand jury is investigating whether Stein lied during his successful 2020 reelection campaign in an ad blaming his Republican rival for a backlog of untested rape kits. Even if the ad was false, Stein argued, it would be protected under current First Amendment doctrine.
Ohio – Cleveland Businessman Tony George Was Go-Between for FirstEnergy, Ex-House Speaker Larry Householder Over Nuclear Bailout
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 8/22/2022
New documents reveal a close relationship between Cleveland restaurateur Tony George and FirstEnergy in the House Bill 6 bribery scheme, with George acting as an intermediary between top company officials and now-indicted former Ohio House Speaker Larry Householder. Tracy Aston, FirstEnergy’s assistant controller, identified George as “Individual B” in the utility’s deferred prosecution agreement with federal authorities. The agreement says “Individual B” was in communication with now-fired FirstEnergy Chief Executive Officer Chuck Jones about an early effort to bail out two nuclear power plants, as well as an aborted effort by Householder to skirt state term limits.
Ohio – The Hidden Role of a Religious Lobbying Group in Ohio’s Education ‘Backpack Bill’
Ohio Capital Journal – Zurie Pope | Published: 8/24/2022
An Ohio bill that would send public education money to private schools if a student chooses to attend one was written with help from religious lobbying group the Center for Christian Virtue (CCV) and a think tank that promotes charter schools. Documents reveal CCV’s involvement in House Bill has been more extensive than previously known and included the advice and promotion of outside groups like Heritage Action and the American Legislative Exchange Council.
Pennsylvania – Philly’s Board of Ethics Will Consider Banning Super PAC ‘Redboxing’ Ahead of the 2023 Mayoral Race
Philadelphia Inquirer – Sean Collins Walsh | Published: 8/17/2022
The Philadelphia Board of Ethics heard testimony on whether it should tighten rules aimed at preventing campaigns from indirectly communicating with political groups that can raise and spend money in unlimited amounts but are prohibited from coordinating with candidates. A proposed amendment that aims to crack down on a new strategy known as “redboxing” that some candidates for federal office have used to give instructions to supportive outside spending groups without communicating with them directly. But election lawyers say the wording of the amendment is too broad and could unintentionally capture normal campaign messaging.
South Dakota – SD Gov. Kristi Noem May Have ‘Engaged in Misconduct,’ Ethics Board Says
NBC News – Associated Press | Published: 8/23/2022
The South Dakota Government Accountability Board said it found sufficient information that Gov. Kristi Noem may have “engaged in misconduct” when she intervened in her daughter’s application for a real estate appraiser’s license, and it referred a separate complaint over her airplane use to the state attorney general for investigation. She is under scrutiny from the board after Jason Ravnsborg, the former attorney general, filed complaints that stemmed from media reports on Noem’s actions in office. The governor has denied any wrongdoing.
Tennessee – Former Tennessee House Speaker Glen Casada, Cade Cothren Plead Not Guilty to Federal Corruption Charges
MSN – Melissa Brown and Adam Friedman (Tennessean) | Published: 8/23/2022
Former Tennessee House Speaker Glen Casada and his onetime chief of staff, Cade Cothren, were arrested on federal corruption charges including bribery, kickbacks, and conspiracy to commit money laundering. Prosecutors allege the pair ran a shadowy political consulting firm fronted by Cothren to solicit General Assembly business and siphon off kickbacks. Casada is the first current or former House speaker to be indicted in state history. He resigned as speaker amid a texting scandal over sexually explicit and racist conversations with Cothren.
Texas – Election Staff Abruptly Quits, Upending Rural Texas County
MSN – Paul Weber (Associated Press) | Published: 8/22/2022
Part of why Terry Hamilton says he abruptly left his job running elections in Gillespie County, Texas, is by now a familiar story in America – he became fed up with the harassment that followed the 2020 election. But this was no ordinary exit. On the brink of November’s midterm elections, it was not just Hamilton who quit but also the only other full-time election worker. The sudden emptying of an entire local elections department came less than 70 days before voters start casting ballots.
Texas – One Former and One Current State Rep Are Set to Get Part of Lucrative Houston Airport Contracts
AviationPros – Dylan McGuinness (Houston Chronicle) | Published: 8/18/2022
The Houston City Council passed a lucrative contract granting food and beverage shops inside Bush Intercontinental Airport to a partnership that includes a former legislative colleague and longtime friend of Mayor Sylvester Turner. The city said it will publicly announce the vendors after the second contract passes City Council. An affiliate of SSP Group is leading the food and beverage contract. Multiplex Inc., the concessions company founded by former state Rep. Helen Giddings of Dallas, is a junior partner in that deal. The SSP deal also involves Karen Garcia, the wife of Roland Garcia, who chaired the city’s Hispanic Advisory Council for Turner.
Texas – Texas Bans Local, State Government Entities from Doing Business with Firms That ‘Boycott’ Fossil Fuels
Texas Tribune – Mitchell Ferman | Published: 8/24/2022
Texas banned 10 financial firms from doing business with the state after Comptroller Glenn Hegar said they did not support the oil and gas industry. Hegar sent inquiries to hundreds of financial companies earlier this year requesting information about whether they were avoiding investments in the oil and gas industry in favor of renewable energy companies. The survey was a result of a new law that went into effect in September and prohibits most state agencies, as well as local governments, from contracting with firms that have cut ties with carbon-emitting energy companies.
Washington – ‘Gold Standard’ or Unconstitutional? Facebook and Wash. State AG Spar Over Political Ad Disclosure Law
MSN – Todd Bishop (GeekWire) | Published: 8/16/2022
Facebook parent company Meta and Washington Attorney General Bob Ferguson agree on this: the state’s campaign advertising disclosure law is exceptional. But is that good or bad – and more importantly, is the law constitutional? That is a matter of significant disagreement as both sides prepare for a key hearing in King County Superior Court in Seattle. It promises to be a pivotal moment in a long-running dispute over the state’s public disclosure requirements for tech platforms that run campaign ads.
Wyoming – Secretary of State Halts Unusual Effort to Put Candidate on Ballot Against Gray
Casper Star-Tribune – Victoria Eavis | Published: 8/23/2022
The Wyoming secretary of state’s office quashed an effort to put an independent challenger on the ballot to run against state Rep. Chuck Gray, the Republican secretary of state nominee. After Sen. Cale Case challenged the secretary of state’s interpretation of a statute that requires all independent candidates to sign off on their own candidacy, the chief elections office ruled against him. Case was attempting to get former legislator Nathan Winters on the ballot as an independent, despite the fact that Winters does not want to run.
August 24, 2022 •
Wednesday’s LobbyComply News Roundup
Campaign Finance National: “‘It’s a Rip-Off’: GOP spending under fire as Senate hopefuls seek rescue” by Isaac Arnsdorf (Washington Post) for MSN Elections National: “Files Copied from Voting Systems Were Shared with Trump Supporters, Election Deniers” by Jon Swaine, Aaron […]
Campaign Finance
National: “‘It’s a Rip-Off’: GOP spending under fire as Senate hopefuls seek rescue” by Isaac Arnsdorf (Washington Post) for MSN
Elections
National: “Files Copied from Voting Systems Were Shared with Trump Supporters, Election Deniers” by Jon Swaine, Aaron Davis, Amy Gardner, and Emma Brown (Washington Post) for MSN
Texas: “Election Staff Abruptly Quits, Upending Rural Texas County” by Paul Weber (Associated Press) for MSN
Ethics
National: “Trump Had More Than 300 Classified Documents at Mar-a-Lago” by Maggie Haberman, Jodi Kantor, Adam Goldman, and Ben Protess (New York Times) for Yahoo News
Michigan: “Jury Convicts Adam Fox, Barry Croft Jr. in Whitmer Kidnapping Plot” by Tresa Baldas (Detroit Free Press) for MSN
Ohio: “Cleveland Businessman Tony George Was Go-Between for FirstEnergy, Ex-House Speaker Larry Householder Over Nuclear Bailout” by Jeremy Pelzer (Cleveland Plain Dealer) for MSN
South Dakota: “SD Gov. Kristi Noem May Have ‘Engaged in Misconduct,’ Ethics Board Says” by Associated Press for NBC News
Tennessee: “Former Tennessee House Speaker Glen Casada, Cade Cothren Plead Not Guilty to Federal Corruption Charges” by Melissa Brown and Adam Friedman (Tennessean) for MSN
Legislative Issues
California: “Judge Issues Order That Keeps Herb Wesson Off the L.A. City Council” by David Zahniser (Los Angeles Times) for MSN
Lobbying
Canada: “Ethics Investigation Flags Problem with Transparency in Alberta’s Lobbyist Act” by Hamdi Issawi (Edmonton Journal) for MSN
August 19, 2022 •
News You Can Use Digest – August 19, 2022
National/Federal FBI Arrests Ex-Congressman on Charges of Fraud and Money Laundering MSN – Praveena Somasundaram (Washington Post) | Published: 8/16/2022 Former U.S. Rep. TJ Cox was indicted on 28 charges, including 15 counts of wire fraud and one count of campaign […]
National/Federal
FBI Arrests Ex-Congressman on Charges of Fraud and Money Laundering
MSN – Praveena Somasundaram (Washington Post) | Published: 8/16/2022
Former U.S. Rep. TJ Cox was indicted on 28 charges, including 15 counts of wire fraud and one count of campaign contribution fraud. The indictment says Cox schemed to fund and reimburse people close to him for donations to his campaign. Federal laws do not allow “conduit” or “straw” donations, in which someone makes a political contribution through someone else to their own campaign.
Federal Judiciary Can’t Stop Support Staff from Political Activity
MSN – Rachel Weiner (Washington Post) | Published: 8/18/2022
In March 2018, while weighing candidates for governor in Maryland, Lisa Guffey wanted to attend an event featuring Democrat Ben Jealous. She was told she could not. Her employer, the Administrative Office of the U.S. Courts, had two days earlier imposed new rules barring all employees from expressing political views, attending political events, or engaging in political activity. The U.S. Court of Appeals for the District of Columbia Circuit has now deemed those restrictions unconstitutional.
Homeland Security Watchdog Cuffari Faces Rebukes from Lawmakers in Missing Texts Case
MSN – Maria Sacchetti (Washington Post) | Published: 8/16/2022
The Department of Homeland Security’s chief watchdog rejected calls from leading Democratic legislators to recuse himself from the investigation into the erasure of text messages that Secret Service agents exchanged during the attack on the Capitol, drawing fresh rebukes from lawmakers. Inspector General Joseph Cuffari said in a letter that he would not share investigative documents or allow his top lieutenants to sit for transcribed interviews before House committees investigating the attack, nor would he provide documents that lawmakers requested.
Jan. 6 Grand Jury Has Subpoenaed White House Documents
Seattle Times – Alan Feuer, Luke Broadwater, and Maggie Haberman (New York Times) | Published: 8/17/2022
Federal prosecutors investigating the role that former President Trump and his allies played in the events leading up to the attack on the U.S. Capitol issued a grand jury subpoena to the National Archives for all the documents the agency provided to a parallel House select committee inquiry. The subpoena, issued to the National Archives in May, made a sweeping demand for “all materials, in whatever form” the archives had given to the January 6 House committee. Those materials included records from the files of Trump’s top aides, his daily schedule, and phone logs and a draft text of the president’s speech that preceded the riot.
Justice Department Opposes Release of Mar-a-Lago Affidavit
MSN – Perry Stein (Washington Post) | Published: 8/15/2022
The Justice Department asked a judge to keep sealed the affidavit underpinning the FBI’s search of former President Trump’s Florida residence, a document thought to hold key details about the government’s investigation into the potential mishandling of classified materials. The court filing was made in response to requests from multiple media outlets seeking the affidavit’s public release. Affidavits typically contain information addressing why authorities think there is evidence at a certain property and other details about a probe. The Justice Department argued that releasing the affidavit could hamper its investigation and potentially harm those involved.
Justice Department Subpoenas Trump White House Lawyer Eric Herschmann
MSN – Betsy Woodruff Swan (Politico) | Published: 8/15/2022
A federal grand jury investigating the attack on the U.S. Capitol subpoenaed Trump White House lawyer Eric Herschmann for documents and testimony. Herschmann represented Donald Trump in the former president’s first impeachment trial and later joined the White House as a senior adviser. He did not work in the White House counsel’s office but did provide Trump with legal advice. Because of that responsibility, there will likely be litigation over the scope of the subpoena and over how executive and attorney-client privileges may limit Herschmann’s ability to comply.
Liz Cheney Loses Primary While Vowing Effort to Keep Trump from White House
MSN – Paul Kane and Hannah Knowles (Washington Post) | Published: 8/16/2022
Rep. Liz Cheney, the once-high-ranking Republican who defied her party to wage a lonely crusade against former President Trump, lost her primary by a wide margin while vowing she would do everything in her power to keep Trump from returning to the White House. Harriet Hageman, a lawyer with Trump’s endorsement, ousted Cheney, clinching the GOP nomination for Wyoming’s only U.S. House seat.
On TikTok, Election Misinformation Thrives Ahead of Midterms
Seattle Times – Tiffany Hsu (New York Times) | Published: 8/14/2022
Ahead of the midterm elections this fall, TikTok is shaping up to be a primary incubator of baseless and misleading information, in many ways as problematic as Facebook and Twitter, say researchers who track online falsehoods. The same qualities that allow TikTok to fuel viral dance fads – the platform’s enormous reach, the short length of its videos, its powerful but poorly understood recommendation algorithm – can also make inaccurate claims difficult to contain. Baseless conspiracy theories about certain voter fraud in November are widely viewed on TikTok, which globally has more than a billion active users each month.
Sinema Took Wall Street Money While Killing Tax on Investors
MSN – Brian Slodysko (Associated Press) | Published: 8/14/2022
U.S. Sen. Kyrsten Sinema, who single-handedly thwarted her party’s longtime goal of raising taxes on wealthy investors, received nearly $1 million over the last year from private equity professionals, hedge fund managers, and venture capitalists whose taxes would have increased under the plan. For years, Democrats have promised to raise taxes on such investors, who pay a significantly lower rate on their earnings than ordinary workers. But Sinema forced a series of changes to the $740-billion election-year spending package.
Trump-Allied Lawyers Pursued Voting Machine Data in Multiple States, Records Reveal
Anchorage Daily News – Emma Brown, Jon Swaine, Aaron Davis, and Amy Gardner (Washington Post) | Published: 8/15/2022
A team of computer experts directed by lawyers allied with former President Trump copied sensitive data from election systems in Georgia as part of a secretive, multistate effort to access voting equipment that was broader, more organized, and more successful than previously reported. As they worked to overturn Trump’s 2020 election defeat, the lawyers asked a forensic data firm to access county election systems in at least three battleground states. There is growing concern among experts that officials sympathetic to Trump’s claims of vote-rigging could undermine election security in the name of protecting it.
Trump’s Angry Words Spur Warnings of Real Violence
MSN – David Klepper (Associated Press) | Published: 8/16/2022
A growing number of ardent Donald Trump supporters seem ready to strike back against the FBI or others who they believe go too far in investigating the former president. Law enforcement officials across the country are warning and being warned about an increase in threats and the potential for violent attacks on federal agents or buildings in the wake of the FBI’s search of Trump’s Mar-a-Lago residence. Experts who study radicalization and online disinformation note the recent increase was sparked by a legal search of Trump’s home. What might happen in the event of arrests or indictments?
Trump’s Secrets: How a records dispute led the FBI to search Mar-a-Lago
MSN – Josh Dawsey, Rosalind Helderman, Jacqueline Alemany, and Devlin Barrett (Washington Post) | Published: 8/13/2022
The court-authorized search of Mar-a-Lago was a remarkable moment even for Donald Trump, who has been under investigation by state and federal prosecutors nearly continuously since he swore the oath of office in 2017. What began as a low-level dispute over the Trump White House’s chaotic and haphazard record-keeping had morphed into a deeply serious probe of whether the ex-president had endangered national security by hoarding highly classified documents, some potentially related to nuclear weapons. The events marked a turning point in the Justice Department’s posture toward Trump.
Vance, DeSantis Rally Puts ‘Highly Unusual’ Restrictions on Press
MSN – Jeremy Barr (Washington Post) | Published: 8/16/2022
Journalists hoping to cover a Republican rally featuring Florida Gov. Ron DeSantis and Senate candidate J.D. Vance in Ohio will have to agree to give organizers access to any footage they take and could face questions about what it will be used for. That is among the controversial restrictions placed on journalists as a condition of receiving a press pass to cover the event, which is being organized by Turning Point Action, a conservative nonprofit led by activist Charlie Kirk.
From the States and Municipalities
California – A Bay Area Councilman Had a 14-Year-Old as His Campaign Treasurer. Regulators Want to Put a Kibosh on That.
MSN – Gabriel Greschler (Bay Area News Group) | Published: 8/11/2022
In a ruling released in May that included $15,000 in fines for multiple campaign-related violations, the Fair Political Practices Commission (FPPC) noted Milpitas City Councilperson Anthony Phan hired his 14-year-old cousin as his campaign treasurer. Phan told authorities he gave the teenager $43,000 in cash in a shoebox, and the money was later misreported on campaign disclosures. Now, a newly proposed rule from FPPC staff would prohibit minors from serving in key positions like treasurer or campaign strategist.
California – California Lawmaker Faces Scandal After Lobbyist Tweets About Alleged Affair
MSN – Ken Carlson (Sacramento Bee) | Published: 8/12/2022
State Assemblyperson Heath Flora is dealing with revelations of alleged extramarital affairs as he completes a third term and considers other ambitions. Emily Hughes, a lobbyist for the California Medical Association before she left the job in May, wrote about their relationship on Twitter. The purported involvement with a medical industry lobbyist can create an ethics problem for Flora, who is a member of the Assembly Health Committee. A romantic relationship with a medical industry lobbyist triggers conflict-of-interest rules that might require Flora to abstain from matters before the committee. It also triggers limits on the value of gifts.
California – California Lawmakers Use Secretive Process to Kill Would-Be Laws: ‘Where good bills go to die’
MSN – Andrew Sheeler, Lindsey Holden, and Stephen Hobbs (Sacramento Bee) | Published: 8/16/2022
Twice a year, a legislative instrument called the suspense file leaves many California lawmakers, lobbyists, and members of the public seething. Appropriations committees in the state Senate and Assembly use it to kill or quietly amend bills before they can reach the floor. Proponents say the suspense file is a tool of efficiency, essential for screening the hundreds of bills that come through the Legislature each year for their potential fiscal impact. Detractors call it a burial ground, used by lawmakers for decades to bury politically hazardous measures before they are forced to vote on them.
California – In Wake of ‘Pay to Play’ Fine at OC’s Health Plan for the Poor, Legislators Consider Action
Voice of OC – Nick Gerda | Published: 8/17/2022
In the wake of a “pay-to-play” state fine raising questions about Orange County’s health care plan for the poor, state legislators are now considering banning county supervisors like Andrew Do from working for the agency in the year after they leave office. State regulators fined Do $12,000 for using his CalOptima board position to try to push through lobbying contracts for two of his campaign donors. A media report revealed Do has been growing his influence at the health plan, triggering concerns from local health care leaders and state legislators about the politicization of CalOptima.
Colorado – Colorado Secretary of State Considers New Rules to Implement Campaign Contribution Limits
Colorado Politics – Hannah Metzger | Published: 8/15/2022
The Colorado secretary of state’s office is considering new campaign finance regulations, issuing a notice of proposed rulemaking and scheduling a public hearing. The potential changes stem from two bills passed during this year’s legislative session and signed into law by Gov. Jared Polis: House Bill 1060, which caps donation amounts made to school board candidates, and House Bill 1156, which updates reporting requirements for public officials.
Colorado – Public Money Supports Conservative Colorado Lobbying Group Through Membership Dues
Colorado Newsline – Zoe Schacht | Published: 8/15/2022
Membership in a conservative group that lobbies for property tax cuts and maintaining the Denver’s camping ban is not exclusive to chief executives of private companies. Higher-ups in publicly funded institutions such as universities have a seat at the table, meaning public money is being used to support the group’s conservative agenda. The University of Colorado’s involvement helps it maintain relationships with potential donors and creates networking opportunities for alumni, said Ken McConnellogue, the interim vice president for communications.
Connecticut – Port Authority Replaces Ethics Liaison, Weighs in on Previous Missteps
Connecticut Examiner – Brendan Crowley | Published: 8/16/2022
In a move reportedly unrelated to his recently announced ethics violation, the Connecticut Port Authority has replaced Andrew Lavigne as its liaison to the Office of State Ethics. Veronica Calvert, who recently re-joined the authority as its finance director, replaced Lavigne in the role. Lavigne’s involvement in the ethics violation drew scrutiny from at least one board member. David Pohorylo said it was a “shame” the violation resulted in board member Don Frost being replaced, “yet others who did accept gifts have suffered no consequences.”
Florida – DeSantis Sued by Prosecutor Suspended Over Stance on Abortion-Related Crime
MSN – Kim Bellware and Lateshia Beachum (Washington Post) | Published: 8/17/2022
A Florida prosecutor sued Gov. Ron DeSantis in a bid to be reinstated after he was dismissed from his post for pledging he would not prosecute cases stemming from the state’s 15-week abortion ban and potential bans on gender-affirming care. Hillsborough County State Attorney Andrew Warren argued his suspension was unlawful on First Amendment grounds and characterized his removal as “retaliation” by DeSantis against a critic and political rival.
Florida – Elections Panel Issues $21K Fine to Committee Connected to Associated Industries of Florida
Florida Politics – Gary Rohrer | Published: 8/16/2022
The Florida Election Commission issued a $21,250 fine to a political committee that has received more than $1.7 million from entities connected to Associated Industries of Florida (AIF) in the last four years. The sanction stems from an $85,000 transfer from the Floridians for Economic Advancement committee to Citizens for a United Florida Inc. in January 2021. The transfer was not reported to the state until November 2021. For such a sophisticated operation to have such a large payment go missing for nine months is suspicious, Commission Chairperson Nicholas Primrose said.
Florida – Mullins, ‘Potentially Bankrupt,’ Lists Different Net Worth Values on Two Legal Forms, but Says Both Are Accurate
Palm Coast Observer – Jonathan Simmons | Published: 8/14/2022
Flagler County Commission Chairperson Joe Mullins filed an August 2 document with the Circuit Court stating his net worth was negative $675,192.16 and he was “potentially bankrupt.” About two months before, he submitted a form to the Supervisor of Elections Office stating his net worth was (positive) $515,602. Mullins in a statement said the elections form and the court filing are both accurate despite the difference in the numbers, because the forms account for different things and were filed about two months apart.
Florida – This Florida Utility’s Secret Cash Helped GOP Win Gainesville State Senate Seat
Miami Herald – Mary Ellen Klaus, Nicholas Nehama, and Ana Claudia Chacin | Published: 8/5/2022
Florida Power & Light (FPL) wanted a Republican incumbent to retain a state Senate seat against a strong Democratic challenger. The utility used a nonprofit group, Broken Promises, to secretly bankroll a spoiler candidate. Running as a no-party candidate in the general election, that spoiler split the liberal vote, swinging the race to the incumbent. Broken Promises did not have to disclose its donors, so no one knew FPL paid to secretly manipulate a state election. It raises questions about whether the utility “subverted” a fair election, said Saurav Ghosh of the Campaign Legal Center.
Georgia – Giuliani Appears Before Georgia Grand Jury in Election Probe
MSN – Matthew Brown and Tom Hamburger (Washington Post) | Published: 8/17/2022
Fulton County District Attorney Fani Willis achieved a long-sought goal with former New York Mayor Rudy Giuliani appearing for six hours before a grand jury investigating efforts to overturn the 2020 election. Giuliani, who is now the highest-profile member of former President Trump’s inner circle to appear before grand jurors, was informed he is a target of the inquiry. It is not clear what Giuliani said in his closed-door appearance. It came as Willis also saw new challenges to her inquiry.
Georgia – Judge Orders Graham to Testify in Atlanta-Area Trump Probe
Yahoo News – Kyle Cheney, Nicholas Wu, and Josh Gerstein (Politico) | Published: 8/16/2022
A federal judge turned down U.S. Sen. Lindsey Graham’s bid to throw out a subpoena compelling him to testify before the Atlanta-area grand jury investigating Donald Trump’s effort to overturn the 2020 election. The ruling is a victory for District Attorney Fani Willis, who is leading the grand jury probe that resulted in a subpoena for Graham to appear for an interview. Investigators intend to query Graham about two phone calls with Georgia election officials, at the same time Trump was attempting to subvert his defeat, that included a discussion of the process for counting absentee ballots.
Illinois – Ethics Board Clears Lightfoot’s Use of City Vehicles, Aides, Security Detail on Campaign Trail
WTTW – Heather Cherone | Published: 8/17/2022
Mayor Lori Lightfoot can travel to campaign events in her city vehicle accompanied by an aide and her security detail, all paid for by taxpayers, without violating the city’s ethics ordinance, the Chicago Board of Ethics determined. The advisory opinion represents the first time the board has addressed the issues that surround the decision by an incumbent mayor to run for re-election. The opinion comes as the Ethics Board has faced several cases involving elected officials accused of improperly using city resources for non-official purposes.
Indiana – Ex-GOP State Sen. Brent Waltz Gets 10 Months in Prison for Straw Donor Scheme
MSN – Johnny Magdaleno (Indianapolis Star) | Published: 8/17/2022
Former Indiana Sen. Brent Waltz was sentenced to 10 months imprisonment after he acknowledged his role in a scheme to route $40,500 in illegal contributions to his failed bid for Congress. Waltz pleaded guilty to making and receiving conduit contributions and making false statements to the FBI. He was charged after he worked with political consultant Kelley Rogers to funnel funds from Indiana casino company New Centaur to his 2015 House campaign through straw donors.
Indiana – Rokita Consultant Hired, But Facing $18,000 in Lobbyist Registration Fines
Indiana Capital Chronicle – Leslie Bonilla Muñiz | Published: 8/11/2022
A conservative policy activist and consultant working on contract for Indiana Attorney General Todd Rokita’s office was hired as a lobby-exempt, full-time employee after she mistakenly registered as a lobbyist for the wrong entity but faces $18,000 in related fines. State law requires lobbyists to not only file registration statements (within 15 days of becoming a lobbyist, plus annually), but also file semi-annual activity reports. Lobbyists must also complete separate filings for gifts, purchases, amendments, and activity terminations. Miss a deadline, and a lobbyist is fined $100 a day, up to $4,500, until the filing is in.
New York – Casino Pushing for NYC License Forces Out Executive and Mayor Adams’ Pal Over City Job
New York Post – Carl Campanile and Bernadette Hogan | Published: 8/14/2022
Resorts World casino has “parted ways” with its security director, Timothy Pearson, after learning the longtime friend of New York City Mayor Eric Adams was serving as a public safety advisor to the mayor while getting paid by the New York City Economic Development Corporation. Pearson’s position with the city’s economic development arm raised ethics concerns as Resorts World is seeking to expand its gambling operations in Queens.
New York – Judge Rules Against State Ethics Panel in Cuomo’s Book Deal Case
Albany Times Union – Brendan Lyons | Published: 8/16/2022
A New York Supreme Court justice ruled against the former state ethics commission in its court battle seeking to force ex-Gov. Andrew Cuomo to repay $5.1 million he received for writing a book about his administration’s early response to the coronavirus pandemic. Acting state Supreme Court Justice Denise Hartman’s ruling upholding Cuomo’s petition to scuttle the actions of the Joint Commission on Public Ethics also found the commission had violated due process when it sought to undo an earlier approval of the book deal by a staff attorney.
New York – New York’s New State Government Ethics and Lobbying Oversight Body Takes Shape
Gotham Gazette – Ethan Geringer-Sameth | Published: 8/15/2022
New York’s new state government ethics commission, set to replace the Commission on Public Ethics (JCOPE), will soon take its first steps when its members are approved by a committee of law school deans. Nine out of 11 nominees to the new Commission on Ethics and Lobbying in Government have been formally named by New York’s statewide elected officials and legislative leaders. For now, 46 JCOPE employees, including its final executive director, have remained at work under the new name, administering financial disclosures laws and maintaining and auditing the state’s lobbying registry, potentially giving informal guidance in the process.
New York – Senate GOP to Pay $200K Settlement in Campaign Finance Probe
Albany Times Union – Chris Bragg | Published: 8/16/2022
State Board of Elections enforcement counsel Michael Johnson charged that New York Senate Republicans abused their housekeeping account in the lead-up to the 2016 election by issuing a series of campaign-style mailers that allegedly crossed a line into expressly seeking election of GOP candidates. While potential fines and penalties could have totaled more than $2 million, Johnson signed off on the $200,000 settlement agreement. Senate Republicans suggest the investigation had partisan undertones, arguing Johnson’s legal theory contradicted a formal opinion authored by the Board of Elections in 2013.
New York – Trump CFO’s Plea Deal Could Make Him a Prosecution Witness
Yahoo News – Michael Sisak (Associated Press) | Published: 8/18/2022
The chief financial officer of Donald Trump’s company, Allen Weisselberg, will plead guilty to tax violations in a deal that would require him to testify about illicit business practices at the Trump Organization. Weisselberg is charged with accepting more than $1.7 million in off-the-books compensation from the former president’s company over several years, including untaxed perks like rent, car payments, and school tuition. Attorney Nicholas Gravante Jr. said his client would plead guilty in exchange for a promised sentence of five months in jail.
North Carolina – North Carolina Elections Board Looking for Public Input Regarding Political Committee Regulations
Center Square – Victor Skinner | Published: 8/16/2022
The North Carolina State Board of Elections is soliciting public comment on proposed rule changes regarding political committees that do not file finance disclosure reports on time. The proposed changes would allow a political committee, referendum committee, or individual to request a waiver of a civil late penalty by using a form on the board’s website and returning it within 60 days of the notice of penalty assessment.
Ohio – Texts, Calendars, Emails Link DeWine to FirstEnergy’s Bribery Scandal
Ohio Capital Journal – Jake Zuckerman | Published: 8/15/2022
Records suggest Ohio Gov. Mike DeWine and his administration were more active than previously known in pushing for passage of a nuclear power plant bailout now at the center of a corruption scandal. Records show DeWine met repeatedly to discuss energy policy with FirstEnergy officials and at least once with former House Speaker Larry Householder, who has been criminally accused of taking a bribe from the utility to pass House Bill 6. Despite warnings, DeWine appointed Sam Randazzo in 2019 to chair the Public Utilities Commission of Ohio. FirstEnergy admitted it paid Randazzo a $4.3 million bribe to act in the company’s interests.
Rhode Island – Rep. Carlos Tobon Hit with $3,600 Fine for Over a Dozen Ethics Violations
WPRI – Steph Machado, Eli Sherman, Ted Nesi, and Tim White | Published: 8/16/2022
The Rhode Island Ethics Commission fined state Rep. Carlos Tobon $3,600 after an investigation revealed he repeatedly violated the state ethics code by failing to report a series of unpaid debts, business ownerships, and board memberships despite a legal requirement to do so annually. Tobon never showed up to the House again after a media report aired on May 5, missing the final seven weeks of the legislative session. He was also kicked off the Finance Committee by Speaker Joe Shekarchi just hours after the story came out. Yet Tobon never resigned his seat.
Tennessee – Cothren Challenges Subpoena Order by State Registry
Tennessee Lookout – Sam Stockard | Published: 8/16/2022
The former chief of staff for ex-House Speaker Glen Casada is continuing to fight a subpoena to testify before the Tennessee Registry of Election Finance about a PAC he ran secretly to attack political adversaries. Cynthia Sherwood, the attorney for Cade Cothren, claims the court should not hold him in contempt for invoking his right against self-incrimination in response to subpoenas. In advance of a hearing, Sherwood is arguing that overlapping cases against the former House speaker’s chief of staff should circumvent the state subpoena.
Wisconsin – Wisconsin Assembly Leader Axes 2020 Election Investigation After Beating Trump-Backed Primary Challenger
Yahoo News – Zach Montellaro (Politico) | Published: 8/12/2022
Wisconsin Assembly Speaker Robin Vos ended a controversial partisan review of the 2020 election, which he and GOP legislators had funded for the past year, days after Vos defeated a primary challenger. Vos ended the review and removed the chief investigator, former state Supreme Court Justice Michael Gableman, after more than a year and over $1 million in spending. Vos narrowly won his primary over an opponent who had endorsements from both former President Trump and Gableman.
Wyoming – Confusion, Compliance Concerns Color Campaign Finance Filings
WyoFile – Maggie Mullen | Published: 8/15/2022
In the wake of Wyoming’s first campaign finance filings of 2022, some lawmakers, candidates, and elections watchers are raising concerns about accountability, lack of oversight, and confusion. In a year with “election integrity” on the ballot in numerous races, and what is shaping up to be record spending, some fear new rules and a lack of proactive compliance checks by the secretary of state could result in inadvertent violations, or worse.
August 17, 2022 •
Wednesday’s LobbyComply News Roundup
Campaign Finance Colorado: “Colorado Secretary of State Considers New Rules to Implement Campaign Contribution Limits” by Hannah Metzger for Colorado Politics Tennessee: “Cothren Challenges Subpoena Order by State Registry” by Sam Stockard for Tennessee Lookout Wyoming: “Confusion, Compliance Concerns Color […]
Campaign Finance
Colorado: “Colorado Secretary of State Considers New Rules to Implement Campaign Contribution Limits” by Hannah Metzger for Colorado Politics
Tennessee: “Cothren Challenges Subpoena Order by State Registry” by Sam Stockard for Tennessee Lookout
Wyoming: “Confusion, Compliance Concerns Color Campaign Finance Filings” by Maggie Mullen for WyoFile
Elections
National: “On TikTok, Election Misinformation Thrives Ahead of Midterms” by Tiffany Hsu (New York Times) for Seattle Times
National: “Liz Cheney Loses Primary While Vowing Effort to Keep Trump from White House” by Paul Kane and Hannah Knowles (Washington Post) for MSN
Ethics
National: “Justice Department Opposes Release of Mar-a-Lago Affidavit” by Perry Stein (Washington Post) for MSN
New York: “Judge Rules Against State Ethics Panel in Cuomo’s Book Deal Case” by Brendan Lyons for Albany Times Union
Rhode Island: “Rep. Carlos Tobon Hit with $3,600 Fine for Over a Dozen Ethics Violations” by Steph Machado, Eli Sherman, Ted Nesi, and Tim White for WPRI
Legislative Issues
California: “California Lawmakers Use Secretive Process to Kill Would-Be Laws: ‘Where good bills go to die’” by Andrew Sheeler, Lindsey Holden, and Stephen Hobbs (Sacramento Bee) for MSN
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