National/Federal

Stephen Bannon Plans to Record His Podcast and Then Report to Prison

DNyuz – Ken Bensinger (New York Times) | Published: 7/1/2024

Immediately before reporting for a four-month sentence in federal prison, Stephen Bannon, the longtime adviser to former President Trump, will host the two final hours of his podcast from just outside the low-security facility in Danbury, Connecticut. Bannon lost his last-ditch bid to avoid incarceration after the U.S. Supreme Court denied a request to postpone the sentence while he appealed a verdict that found him guilty of contempt for ignoring a congressional subpoena.

Departing FDA Staffers Told They Can Still Influence the Agency in Big Pharma Jobs: BMJ report

FiercePharma – Andrea Park | Published: 7/1/2024

Former FDA employees are prohibited from engaging in certain lobbying activities, but an investigation published in The BMJ claims the agency’s staffers are often advised of loopholes in those regulations on their way out the door. Internal emails reportedly show, for example, that FDA ethics staff telling two agency officials who had worked on COVID-19 vaccine approvals and who were moving on to roles at Moderna they could still work with the FDA indirectly, “behind the scenes,” from their new positions.

Supreme Court Orders Second Look at Texas and Florida Social Media Laws

MSN – Ann Marimow and Cat Zakrzewski (Washington Post) | Published: 7/1/2024

The U.S. Supreme Court ordered lower courts to take a second look at a pair of laws in Texas and Florida that would have prevented social media companies from removing certain political posts or accounts, saying the courts had not fully addressed the First Amendment issues at play. The justices voided the judgments of separate appeals courts that had reached opposite conclusions about whether the laws were constitutional, ordering both to perform a deeper analysis of whether the statutes violate the right to free speech.

Judge Cannon Orders Hearing for Trump to Challenge Mar-a-Lago Search

MSN – Devlin Barrett and Perry Stein (Washington Post) | Published: 6/27/2024

U.S. District Court Judge Aileen Cannon will hold a hearing for Donald Trump’s lawyers to challenge some of the evidence gathered against him for alleged mishandling of classified documents and obstructing government efforts to retrieve them. Cannon said “further factual development is warranted” when it comes to Trump’s challenge to the search warrant for his Florida home and private club. Trump is seeking to suppress much of the evidence by arguing that the search warrant was faulty.

Justices Strike Obstruction Charge for Jan. 6 Rioter, Likely Impacting Others

MSN – Ann Marimow and Devlin Barrett (Washington Post) | Published: 6/28/2024

Federal prosecutors improperly charged a January 6 defendant with obstruction, the Supreme Court ruled, a decision that will likely upend many cases against rioters who disrupted the certification of the 2020 presidential election and which Donald Trump’s legal team may use to try to whittle down one of his criminal cases. Writing for the majority, Chief Justice John Roberts said prosecutors’ broad reading of the statute gives them too much discretion to seek a 20-year maximum sentence “for acts Congress saw fit to punish only with far shorter terms of imprisonment.”

Supreme Court’s ‘Chevron’ Ruling Means Changes for Writing Laws

MSN – Michael Macagnone (Roll Call) | Published: 6/28/2024

A Supreme Court decision left an uncertain and more difficult path for Congress to shape how the federal government carries out laws on major issues such as environment, health, immigration, and more, lawmakers and legal experts said. The ring overturned a long-standing legal doctrine called Chevron deference, which required judges to defer to an agency’s interpretation when it comes to regulations about laws that are ambiguous. Instead, the opinion says judges should give that deference only when Congress explicitly says an agency can make its own decision.

Thomas Uses Trump Immunity Ruling to Question Jack Smith Appointment

MSN – Perry Stein (Washington Post) | Published: 7/1/2024

Supreme Court Justice Clarence Thomas tackled a question in his presidential immunity opinion that Donald Trump’s attorneys did not bring before the nation’s highest court: Was special counsel Jack Smith legally appointed? Thomas argued both that the special counsel’s office needs to be established by Congress and Smith needed to be confirmed by the Senate. He said he tacked on his concurring opinion to the immunity ruling to “highlight another way in which this prosecution may violate our constitutional structure.”

Biden’s Lapses Are Said to Be Increasingly Common and Worrisome

Seattle Times – Peter Baker, David Sanger, Zolan Kanno-Youngs, and Kate Rogers (New York Times) | Published: 7/2/2024

Like many people his age, President Biden, 81, has long experienced instances in which he mangled a sentence, forgot a name, or mixed up a few facts, even though he could be sharp engaged most of the time. But people in the room with him more recently said the lapses seemed to be growing more frequent, more pronounced, and more worrisome. He is certainly not that way all the time. In the days since the debate debacle, aides and others who encountered Biden described him as being in good shape – alert, coherent, and capable, engaged in complicated and important discussions and managing volatile crises.

Ruling Accusing Former Miami Lawmaker of Campaign Finance Violations Tossed Out

WLRN – Jim Saunders (News Service of Florida) | Published: 7/1/2024

A federal appeals court tossed out a ruling that would have led to former U.S. Rep. David Rivera getting hit with a $456,000 fine in a case involving campaign finance violations. A three-judge panel of the 11th U.S. Circuit Court of Appeals said a District Court judge improperly granted summary judgment to the FEC in the case, which involves allegations that Rivera secretly funneled money to try to undermine a Democratic rival in 2012.

Ruling Further Slows Trump Election Case but Opens Door to Airing of Evidence

Yahoo News – Alan Feuer (New York Times) | Published: 7/2/2024

The Supreme Court’s decision about executive immunity makes it all but certain that Donald Trump will not stand trial on charges of seeking to overturn the last election before voters decide whether to send him back to the White House in the next one. But the ruling also opened the door for prosecutors to detail much of their evidence against Trump in front of a federal judge – and the public – at an expansive fact-finding hearing, perhaps before Election Day. It remains unclear when the hearing, which was ordered as part of the court’s decision, might take place or how long it would last.

From the States and Municipalities

Arizona – Appeals Court Upholds Core of AZ ‘Dark Money’ Disclosure Law Voters Approved in 2022

Arizona Mirror – Caitlin Sievers | Published: 6/29/2024

A three-judge panel of the Arizona Court of Appeals upheld most of the Voters’ Right to Know Act, which passed in 2022. But it concluded a provision in the law that bars the Legislature from limiting the Citizens Clean Elections Commission from enforcing the “dark money” disclosure provisions is unconstitutional. The law aims to eliminate secret election spending by requiring political committees that spend at least $50,000 in statewide or legislative campaigns reveal the identities of individual donors who give more than $5,000, among other provisions.

Arizona – In CD1 Race, Mysterious Group’s Ads May Have Violated Campaign Finance Law

MSN – Laura Gersony (Arizona Republic) | Published: 6/28/2024

A group spending money in the race for Arizona’s First Congressional District has not registered with federal elections officials in what one expert said could be a violation of campaign finance law. The Turn AZ Blue PAC has bought television ads against congressional candidate Marlene Galán-Woods, one of the six Democratic candidates looking to challenge incumbent U.S. Rep. David Schweikert. Records show the group has spent more than the sum that is often required for groups to register with the FEC, but it still has not done so.

California – Judge Denies LA Councilman John Lee’s Bid to Short-Circuit Ethics Commission Action

Courthouse News Service – Hillel Aron | Published: 7/2/2024

Los Angeles City Councilperson John Lee’s attempt to short circuit an Ethics Commission probe ended after a state court judge dismissed his lawsuit against the commission, though he can still make many of his legal objections to the probe in an administrative setting. Lee is accused of accepting gifts without disclosing them while he was working as the chief of staff for his predecessor, Mitchell Englander. Lee was identified in Englander’s indictment as “City Staffer B” and was accused by the commission of receiving a free hotel stay and $1,000 in casino chips, which Lee lost playing baccarat. He also received roughly $4,300 in free food and alcohol.

California – S.F. City Hall Corruption Scandal: Former city worker sentenced to prison for taking bribes

MSN – Carolyn Stein (San Francisco Chronicle) | Published: 6/28/2024

Cyril Yu, a former San Francisco Department of Building Inspection plan checker, was sentenced to a year and a day in prison for taking $15,000 worth of bribes from a local developer in return for expediting building plans.  He must also pay a $20,000 fine. It marks the latest action in a public corruption probe city government that started with the arrest of former Public Works Chief Mohammed Nuru but included former employees and others working with the Department of Building Inspection.

California – ‘Recall Sheng Thao’ Campaign Refuses to Cooperate with Ethics Investigators, Faces Lawsuit

MSN – Darwin BondGraham and Eli Wolfe (Oaklandside) | Published: 7/1/2024

The Oakland Public Ethics Commission filed a lawsuit against organizers of the recall campaign targeting Mayor Sheng Thao. The lawsuit alleges the recall’s backers have refused to hand over fundraising records sought by the commission, which is looking into allegations the recall supporters violated campaign finance laws.

California – California Gubernatorial Candidate Spent Big on Vienna Trip – with Her Spouse’s Firm

MSN – Christopher Cadelago (Politico) | Published: 6/27/2024

California gubernatorial candidate Toni Atkins paid $22,500 to the Global Policy Leadership Academy, where her longtime spouse is the firm’s chief executive officer and its sole shareholder. Atkins described the money as going toward a trip to Vienna, Austria in 2022. California law bars officeholders from using campaign funds for personal reasons such as giving to a spouse or domestic partner, experts said. Ann Ravel, former chair of the Fair Political Practices Commission, said the amount of money Atkins sent to the Global Policy Leadership Academy, a for-profit company, is not legal.

California – Reform Expert Robert Stern Joins LA Ethics Commission

MyNewsLA – Staff | Published: 7/2/2024

The Los Angeles City Council confirmed reform expert Robert Stern as the newest member of the Ethics Commission, marking the first time in several months that the five-member body has had all its seats filled. A nationally recognized expert in the fields of campaign finance and government reform, Stern was the first general counsel of the California Fair Political Practices Commission.

Colorado – Denver Clerk Applauds Passage of Campaign Finance Bill

LaVozColorado – Staff | Published: 7/3/2024

Denver Mayor Mike Johnston signed a campaign finance reform bill into law. It streamlines the Office of the Clerk and Recorder’s citizen complaint process and increases the office’s authority to levy penalties against candidates and committees who fail to report required information. Independent expenditure filers are also subject to new disclosure rules.

Florida – Judge Dismisses ‘Shakedown’ Lawsuit Allegations Against Alex Díaz de la Portilla

MSN – Tess Riski (Miami Herald) | Published: 7/3/2024

A judge dismissed allegations in a lawsuit against former Miami City Commissioner Alex Díaz de la Portilla accusing him of attempting to “shake down” the operator of the Rickenbacker Marina by pressuring him to take on one of the commissioner’s associates as a business partner. Miami-Dade Circuit Court Judge Mavel Ruiz ruled that, as an elected official, Díaz de la Portilla was protected by “legislative immunity” from claims leveled against him by former state representative and lobbyist Manuel Prieguez.

Hawaii – Mayor Signs Bill Further Limiting Value of Gifts City Employees Can Accept

MSN – KHNL Staff | Published: 7/2/2024

Honolulu Mayor Rick Blangiardi signed a bill aimed at bolstering public trust by further limiting the monetary value of gifts city employees can accept. The mayor said the measure was about bolstering transparency and accountability. “I cringe every time I hear people talk about corrupt politicians,” Blangiardi said.

Illinois – Pritzker Signs Bill to Increase Party Power in Primary Elections

WTTW – Andrew Adams (Capitol News Illinois) | Published: 7/2/2024

Illinois Gov. J.B. Pritzger signed a bill affecting primary election fundraising, the electoral college, and the state’s voter registration database. Under the new law, political parties will be allowed to transfer an unlimited amount of funds to candidates during primary elections. Another provision in the bill would change how the state handles the electors it sends to the electoral college during presidential elections.

Illinois – CTU Lobbyist Helped Craft Mayor’s Letter to Senate President at Heart of Springfield Selective Enrollment Fight

Yahoo News – Alice Yin and Jeremy Gorner (Chicago Tribune) | Published: 6/27/2024

Mayor Brandon Johnson’s letter to Illinois Senate President Don Harmon vowing not to shut down selective enrollment schools was directly edited by a Chicago Teachers Union (CTU) lobbyist and was preceded by an earlier version that made no such promise. Harmon pointed to Johnson’s promise in the letter as evidence of the trust between the two officials. But public records reveal a CTU official helped craft the eleventh-hour letter that likely saved the union and Johnson from an embarrassing defeat in the statehouse, as well as an earlier, watered-down version.

Massachusetts – Ballot Question Fundraising and Spending Largely Hidden from Public View

CommonWealth Beacon – Gintautas Dumcius | Published: 6/30/2024

Voters in Massachusetts will weigh in on a slew of ballot questions this November, with the competing sides raising and spending millions of dollars trying to convince them which way to vote. But who is behind the barrage of spending aimed at persuading voters will be largely a mystery until weeks before the election. In contrast to state election laws governing candidates for office, which require regular reporting throughout the year on campaign donations and expenditures, ballot question committees operate under relatively lax reporting requirements.

Nebraska – Some Nebraskans Say Misleading Words Led Them to Sign Petitions on Abortion They Don’t Support

MSN – Margery Beck (Associated Press) | Published: 7/1/2024

The Nebraska Secretary of State’s office said it has received 91 affidavits from voters seeking to have their names removed from an abortion petition, claiming they were misled into signing. The vast majority, 67, came from those seeking to have their name removed from Protect Women and Children or other petitions seeking to ban abortions. Only seven had sought to remove their names from a petition to protect abortion rights.

New York – Giuliani Disbarred in N.Y. Over False Statements About 2020 Election

MSN – Patrick Svitek (Washington Post) | Published: 7/2/2024

Rudy Giuliani, the former personal attorney to Donald Trump, was disbarred in New York over his false statements about the 2020 election. The ruling found Giuliani “repeatedly and intentionally made false statements” about the 2020 election – “some of which were perjurious” – to courts, the public and state lawmakers. “In so doing, respondent … actively contributed to the national strife that has followed the 2020 Presidential election, for which he is entirely unrepentant,” the ruling said.

New York – Trump’s Sentencing in N.Y. Hush Money Case Postponed Until September

MSN – Shayna Jacobs (Washington Post) | Published: 7/2/2024

Donald Trump’s sentencing in the New York election interference case was pushed back to September, as his lawyers seek to convince the trial judge his conviction should be tossed out after a Supreme Court ruling that presidents have immunity for official acts. The conduct at issue in the New York case was principally about paying hush money to an adult-film actress and then reimbursing Trump’s former lawyer for arranging the payment. But Trump’s legal team may also try to use the new ruling to attack the trial evidence, since the Supreme Court ruled evidence related to official acts of a president may not be presented to a jury.

North Carolina – Republicans: Veto override levels campaign finance playing field

Center Square – Alan Watson | Published: 6/27/2024

Republicans in North Carolina say they evened the playing field of national political parties on campaign finance following an override of Gov. Roy Cooper’s veto. Democrats had access to more money because the Democratic Governors Association had a regular PAC while the Republican Governors Association did not. Both parties’ super PACs could not give to state parties directly, while their regular PACs could. The new law clarifies language on definitions of the political committees.

North Dakota – Ethics Commission Sees Uptick in Campaign Complaints, but Lacks Rules to Enforce

Yahoo News – Mary Steuer (North Dakota Monitor) | Published: 7/1/2024

The North Dakota Ethics Commission has seen a rise in campaign-related complaints but lacks tools to address the allegations, Executive Director Rebecca Binstock said. Commissioners are considering adopting a new set of rules, so the board has more authority to investigate the complaints. There have been recent allegations of campaign fraud in North Dakota submitted to federal authorities.

Ohio – Lawsuit Challenges Ohio Law Banning Foreign Nationals from Donating to Ballot Campaigns

WCPO – Julie Carr Smyth (Associated Press) | Published: 6/28/2024

A new law banning foreign nationals and green card holders from contributing to state ballot campaigns in Ohio curtails the constitutionally protected rights of free speech and association, according to a lawsuit. Political committees involved in two ballot measures took money from entities that had received donations over the past decade from Swiss billionaire Hansjorg Wyss, though any direct path from him to the Ohio campaigns is untraceable under campaign finance laws left unaddressed in the law. Wyss lives in Wyoming.

Oklahoma – Oklahoma Schools Are Required to Teach the Bible, State Superintendent Says

MSN – Anumita Kaur (Washington Post) | Published: 6/27/2024

Oklahoma’s state superintendent mandated that all public schools teach the Bible in a move he said was meant to impart “historical understanding,” but critics say blurs the constitutional boundary between church and state. The Oklahoma Supreme Court recently rejected a proposed state-financed Catholic charter school, saying the first-of-its-kind religious public school violated the state and U.S. constitutions.

Oregon – Oregon Ethics Commission Drops Investigation into Role of Gov. Tina Kotek’s Wife in Her Administration

MSN – Carlos Fuentes (Portland Oregonian) | Published: 6/28/2024

On a tie vote, the Oregon Government Ethics Commission decided to not pursue an investigation into whether Gov. Tina Kotek violated any ethics laws by elevating her wife’s role in her office. Commission members generally agreed a preliminary investigation produced no substantial evidence Kotek or her wife, Aimee Kotek Wilson, violated any ethics laws. It is unknown what role Kotek Wilson will have in the administration going forward.

Texas – Texas AG Ken Paxton Owes the State Thousands in Ethics Fines. Now His Own Agency Has to Collect It

MSN – Taylor Goldenstein (Houston Chronicle) | Published: 7/3/2024

Texas Attorney General Ken Paxton owes more than $11,000 in fines for filing late campaign finance reports. His own office is charged with collecting the money. The campaign finance enforcement system in Texas is unusual. Ethics agencies in other large states, including California and New York, can file their own collections lawsuits without the attorney general’s involvement. In other states, such as Illinois, candidates who do not pay their ethics fines cannot get on the ballot.

Virginia – Judges Order Hate Groups to Pay Millions for 2017 Charlottesville Rally

MSN – Ellie Silverman (Washington Post) | Published: 7/1/2024

A federal appeals court restored more than $2 million of damages a jury said some of the nation’s most prominent white supremacists and hate groups owed for their role in 2017’s deadly Unite the Right rally in Charlottesville, Virginia. The ruling allows plaintiffs to collect, nearly three years after a jury said they were entitled to relief for the physical harm and emotional distress they incurred when white supremacists descended on Charlottesville in a weekend of hate.

The Delaware General Assembly adjourned on June 30.

Lawmakers passed House Bill 316, which prohibits the distribution of deep fakes of candidates within 90 days of an election without the consent of the depicted individual, if the distributor knows or reasonably should have known they are distributing a deep fake.

Gov. Carney has 10 days to act on the legislation, and the bill goes into effect upon approval.

On June 14, the Rhode Island General Assembly adjourned.

Lawmakers passed bills to simplify language used on ballot questions and to no longer require unaffiliated primary voters to affiliate with the party holding the primary.

While bills affecting lobbying were introduced, none passed.

The New York General Assembly adjourned on June 8.

Lawmakers introduced various bills on the use of materially deceptive media or synthetic media in political communications.

Of these bills, only Senate Bill 9678B passed, which contains technical changes to better align state law with federal law on use of materially deceptive media in political communications.

The second regular session of the 102nd General Assembly adjourned sine die as of midnight May 30, in accordance with the constitution.

Lawmakers passed a campaign finance bill permitting committees to use credit cards and debit cards authorized and paid for through the official depository account.

Previously expenditures could only be made by check.

The Legislature adjourned May 29.

Lawmakers passed Senate Bill 2412 preventing candidates who were not in the primary from being listed on the ballot at the general election.

However, Sangamon County Circuit Court Judge Gail Noll issued a temporary injunction on May 22, blocking the law from taking effect until she issues a written decision in the case heard on June 3.

National/Federal

With Debate Deal, Trump and Biden Sideline a Storied Campaign Institution

DNyuz – Adam Nagourney (New York Times) | Published: 5/16/2024

The agreement by President Biden and Donald Trump to move ahead with two presidential debates, and sideline the Commission on Presidential Debates, is a debilitating and potentially fatal blow to an institution that had once been a major arbiter in presidential politics. But the roots of the commission’s decline go back at least a decade and came to a head in 2020, when the commission struggled to stage a debate with Trump and Biden during the pandemic.

Senate Democrats Open Inquiry into Trump’s $1 Billion Request of Oil Industry

DNyuz – Lisa Friedman (New York Times) | Published: 5/23/2024

Senate Democrats opened an investigation into Donald Trump’s recent meeting with oil and gas executives to determine whether Trump offered a “policies-for-money transaction” when he asked for $1 billion for his 2024 campaign so he could retake the White House and delete President Biden’s climate regulations. Trump told about 20 oil and gas executives they would save far more than $1 billion in avoided taxes and legal fees after he repealed environmental regulations, according to several people who were present.

Peter Thiel-Funded Super PAC That Backed JD Vance Didn’t Break the Law, FEC Rules

MSN – Bryan Metzger (Business Insider) | Published: 5/23/2024

The FEC dismissed a complaint that accused U.S. Sen. JD Vance’s campaign and a super PAC funded primarily by billionaire Peter Thiel of violating federal election laws. The complaint focused on the existence of an obscure website set up by the super PAC. That site contained troves of materials seemingly intended for use by Vance’s campaign and other potential supporters, including polling data, B-roll camera footage, opposition research, and other strategy documents. The complaint argued those materials were essentially an illegal contribution to Vance, given that his campaign could presumably access the materials.

Fat Leonard Bribery Cases Fall Apart Because of Prosecution Blunders

MSN – Craig Whitlock (Washington Post) | Published: 5/20/2024

Numerous Navy officers were charged with taking payoffs from Leonard Glenn Francis, a Malaysian defense contractor known as Fat Leonard. But a pattern of prosecutorial misconduct in the probe has caused several cases to unravel so far and is threatening to undermine more. The cases collapsed after defense attorneys alleged prosecutors from the U.S. attorney’s office in San Diego elide on flawed evidence and withheld information favorable to the defense during the 2022 bribery trial of five officers.

On the Week Trump’s Fla. Trial Was Scheduled to Start, Uncertainty and a Pretrial Hearing

MSN – David Ovalle and Perry Stein (Washington Post) | Published: 5/22/2024

Donald Trump’s classified-documents trial was supposed to begin with jury selection this week. It is the case that Trump’s attorneys have been the most worried about, with prosecutors offering evidence a former president who is running to hold the office again took sensitive government documents from the White House and obstructed officials’ attempts to retrieve them. But U.S. District Court Judge Aileen Cannon indefinitely postponed the trial. Instead of Trump sitting at the defense table for the first week of trial, Cannon held two hearings on long-shot requests from a Trump co-defendant to dismiss the case.

Paul Pelosi’s Attacker Sentenced to 30 Years in Prison

MSN – Azi Paybarah (Washington Post) | Published: 5/17/2024

David DePape, the man whose embrace of right-wing conspiracy theories led him to break into Nancy Pelosi’s San Francisco home and bludgeon her 82-year-old husband, was sentenced to 30 years in prison. Federal prosecutors had asked for a 40-year term, arguing the attack constituted an act of terrorism. A jury convicted DePape on federal charges of trying to kidnap the then-House speaker and assaulting Paul Pelosi because of his wife’s work in Congress.

FEC Rejects Proposal to Weaken Disclosure Laws but Agrees to Further Rulemaking

Open Secrets – Jimmy Cloutier | Published: 5/16/2024

The FEC declined to advance a temporary measure that would have made it easier for political donors to hide identifying information from the American public, but commissioners agreed to move forward in creating new rules to standardize how disclosure exemption requests are evaluated and approved. The FEC has granted exemptions when an organization or individual donor can demonstrate a “reasonable probability” the public disclosure of personal information will subject them to threats and harassment.

Another Provocative Flag Was Flown at Another Alito Home

Seattle Times – Jodi Kantor, Aric Toler, and Julie Tate (New York Times) | Published: 5/22/2024

A second flag of a type carried by rioters during the attack on the U.S. Capitol was displayed outside a house owned by Supreme Court Justice Samuel Alito. An “Appeal to Heaven” flag was flown outside Alito’s vacation home last summer. An inverted American flag, another symbol carried by rioters, was seen at Alito’s Virginia home less than two weeks after the violence at the Capitol. The revelations prompted concerns from legal scholars and ethicists, and calls from Democratic lawmakers that Alito recuse himself from cases related to January 6.

Congress Aims to Overhaul Presidential Ethics Rules with a Plan Led by an Unlikely Pair of Lawmakers

Yahoo News – Farnoush Amiri (Associated Press) | Published: 5/22/2024

Bipartisan legislation in the House would require presidents and vice presidents to publicly disclose tax returns before, during, and after their time in the White House as Congress makes an election-year push to curb foreign influence in American politics. Democrats introduced rival legislation that would enforce the Constitution’s ban on emoluments, which prohibits a president from accepting foreign gifts and money without the permission of Congress.

Republican Chair Investigating Chamber of Commerce in Seismic K Street Shift

Yahoo News – Taylor Giorno (The Hill) | Published: 5/16/2024

A decade ago, a Republican committee chairperson investigating Washington’s biggest business advocacy organization would have been unthinkable. But times have changed. House Ways and Means Committee Chair Jason Smith demanded the U.S. Chamber of Commerce answer questions about the more than $12 million its foundation received from the Tides Foundation, a left-leaning nonprofit, between 2018 and 2022.

‘We’ll See You at Your House:’ How fear and menace are transforming politics

Yahoo News – Eileen Sullivan, Danny Hakim, and Ken Bensinger (New York Times) | Published: 5/19/2024

A steady undercurrent of violence and physical risk has become a new normal in American public life. From City Hall to Congress, public officials increasingly describe threats and harassment as a routine part of their jobs. Often masked by online anonymity and propelled by extreme political views, the barrage of menace has changed how officials do their work, terrified their families, and driven some from public life altogether. By almost all measures, the evidence of the trend is striking.

In the Aging Senate, 80-Somethings Seeking Re-Election Draw Little Criticism

Yahoo News – Kayla Guo (New York Times) | Published: 5/17/2024

While President Biden tries to assuage voter concerns about his age in a presidential race that includes the two oldest men ever to seek the White House, a couple of miles away in the U.S. Senate, the gerontocracy remains alive and well – and little commented upon. The recent news that two octogenarians – Sens. Bernie Sanders, 82, and Angus King, 80 – are each running for another six-year term generated little in the way of criticism or worry over age of the kind that Biden has faced.

From the States and Municipalities

Canada – Conservative Candidate Didn’t Register on Time as Travel Nurse Lobbyist

Yahoo News – Jacques Poitras | Published: 5/23/2024

A lobbyist and federal Conservative election candidate did not promptly report his lobbying for a company supplying travel nurses to New Brunswick’s struggling health care system. New Brunswick’s Lobbyists’ Registration Act requires a lobbyist to submit a return to the provincial integrity commissioner “within 15 days after commencing performance of an undertaking on behalf of a client.” But Brian Macdonald, who represented Canadian Health Labs in 2023, did not register as a lobbyist for the company until this year, after it made national headlines.

Arizona – Arizona Weighs When Lawyers’ Long-Shot Election Challenges Cross the Line

Arizona Mirror – Jen Fifield (Votebeat) | Published: 5/21/2024

At a state bar association event on election law, Arizona Secretary of State Adrian Fontes said lawyers need to do a better job of upholding their professional standards. Election lawyers are filing too many frivolous cases “just because the plaintiffs are mad at their political opponents,” Fontes said, adding that they are endangering public faith in democracy. The rise in sanctions and disciplinary scrutiny is prompting debate about exactly when lawyers who bring election challenges are crossing the line, and whether professional standards of conduct have shifted.

Arizona – Rudy Giuliani and Other Trump Allies Plead Not Guilty in Arizona

MSN – Yvonne Wingett Sanchez (Washington Post) | Published: 5/21/2024

Eleven Republicans who allegedly tried to deliver Arizona’s presidential electoral votes to Donald Trump after his 2020 defeat pleaded not guilty to the same nine criminal counts, which include conspiracy, fraud, and forgery. Arizona is one of four states where Republicans have been charged in the formation of an alternate slate of presidential electors falsely claiming Trump won the 2020 presidential election.

California – LA City Council Expansion, Once Hailed as Much Needed Reform, Is Dead for Now

MSN – Frank Stoltze (LAist) | Published: 5/20/2024

For years, advocates for a more democratic Los Angeles have called for expanding the size of the city council beyond the current 15 members. The idea gained momentum in 2022 after the release of secretly recorded audio that came to be known as the City Hall tapes scandal. Many proponents of council expansion hoped it would be placed on the November ballot, while the fervor for reform remained strong. That is not going to happen.

Colorado – Wolf Advocates Charged with Illegal Lobbying at State Capitol

Denver Gazette – Marianne Goodland (Colorado Politics) | Published: 5/16/2024

Complaints filed in Colorado claim Stephen Capra and his organization, Bold Visions Conservation, lobbied state legislators on behalf of a paying client without registering or disclosing the client’s identity as required by law.  The Elections Division of the Secretary of State’s office determined Capra lobbied on behalf of Bold Visions Conservation, which pays him for his services, and should have registered as a professional lobbyist.

Connecticut – CT Supreme Court Finds Public Financing Law Restricts Free Speech

Connecticut Mirror – Mark Pazniokas | Published: 5/20/2024

The Connecticut Supreme Court ruled state elections officials violated the free speech rights of two Republicans running for the state Legislature when it fined them for criticizing the Democratic governor in ads paid for by their publicly funded campaigns in 2014. At issue was whether criticism of former Gov. Dannel Malloy’s fiscal policies by former Sen. Joe Markley and then-Rep. Rob Sampson in campaign materials was intended to further their own candidacies or improperly use their public grants to undermine the governor or help his challenger, Tom Foley.

Hawaii – Not Guilty: Ex-Honolulu prosecutor Keith Kaneshiro, businessman Dennis Mitsunaga and others walk in bribery case

Honolulu Civil Beat – Chrstina Jendra | Published: 5/17/2024

A jury found longtime Honolulu prosecuting attorney Keith Kaneshiro did not conspire with Dennis Mitsunaga, the former chief executive of a prominent engineering firm, and several company employees to arrange for the prosecution of Laurel Mau, a former Mitsunaga employee. Prosecutors said Mitsunaga’s company sought to use the criminal justice system to exact revenge on Mau for suing her former employer, and Kaneshiro benefitted from some $50,000 in campaign donations.

Hawaii – Hawaii Ethics Commission Grapples with Pay-to-Play Issues

Honolulu Civil Beat – Blaze Lovell | Published: 5/15/2024

The Hawaii Ethics Commission is trying to figure out how to wrangle two groups of people who are proving particularly challenging: high-level state employees who are politically active and legislators who have outside jobs with companies that have government business. Those were some of the issues raised in a recent media investigation that examined loopholes in Hawaii’s campaign spending laws.

Louisiana – Mayor Cantrell Takes French Quarter Resident Who Photographed Her to Court Over Stalking Claim

NOLA.com – John Simerman and Missy Wilkinson | Published: 5/21/2024

Anne Breaud photographed Mayor LaToya Cantrell sharing a meal with her bodyguard, New Orleans Police Department Officer Jeffrey Vappie, on the balcony of restaurant. That moment has since placed Breaud in the mayo”s crosshairs, the subject of a temporary restraining order filed by Cantrell that alleged Breaud had been stalking her. Breaud sent her photos of Cantrell and Vappie to the Metropolitan Crime Commission, which filed a complaint raising new questions about Vappie’s conduct with the mayor:

Montana – Montana Commissioner Opens Complaints Against AG Candidates

Yahoo News – Darrell Ehrlick (Daily Montanan) | Published: 5/16/2024

The Montana Commissioner of Political Practices accepted two complaints that center on the Republican primary race for attorney general, including one involving current state Attorney General Austin Knudsen. The Daily Montanan that an audio recording appeared to capture Knudsen calling Montana’s campaign finance laws “ridiculous” and saying he asked a friend to run against him in the partisan primary as a way to raise more money.

New Hampshire – Democratic Operative Indicted Over Biden AI Robocalls in New Hampshire

MSN – Maegan Vazquez, Meryl Kornfield, and Hayden Godfrey (Washington Post) | Published: 5/23/2024

Steve Kramer, a Democratic operative who admitted to commissioning an artificial intelligence-generated robocall of President Biden that instructed New Hampshire voters to not vote early this year, is now facing criminal charges and federal fines. New Hampshire Attorney General John Formella announced Kramer had been indicted on charges of felony voter impression and misdemeanor impersonation of a candidate. The Federal Communications Commission said it would propose fining Kramer $6 million for violating the Truth in Caller ID Act.

New Jersey – Campaign Finance Watchdog Taps Top Lawyer to Helm Agency

New Jersey Monitor – Nikita Biryukov | Published: 5/21/2024

The New Jersey Election Law Enforcement Commission (ELEC) appointed Amanda Haines, its acting legal director, to head the campaign finance watchdog months after the retirement of its longtime executive director. Haines, who joined ELEC in 2005 as assistant legal counsel, will be the first woman to head the commission in its 51-year history.

New Jersey – Jersey City Ed Board Approves Ethics Charges Against Member Over Pro-Palestinian Slogan. Will State End Controversy?

Newark Star Ledger – Joshua Rosario (Jersey Journal) | Published: 5/15/2024

The Jersey City school board approved ethics charges against one of its members over a controversial pro-Palestinian slogan, and now it is asking the state to decide whether it is antisemitic hate speech or a peaceful rallying cry. While dozens of speakers during the public portion of the meeting were split on the meaning and intent of “From the rivers to the sea, Palestine will be free,” most of the board agreed Trustee Younass Barkouch should not have shouted the inflammatory phrase at a school board meeting in April.

New Mexico – Disclosure Rules Unclear for Commissioners Set to Decide on O&G Wastewater Rules

Source New Mexico – Danielle Prokop | Published: 5/23/2024

Changes for rules concerning New Mexico’s oil and gas wastewater are under consideration, but questions about how the people responsible for adopting those rules, specifically their personal business dealings, have taken the debate into murky waters. Environmental groups said failures to add financial disclosures and declare alleged conflicts-of-interest threaten a potential decision about a contentious proposal to expand uses for oil and gas wastewater.

New York – BOE Mails Paper Checks to State Legislative Candidates, Delaying Matching Funds

City & State New York – Rebecca Lewis | Published: 5/21/2024

The New York State Public Campaign Finance Board approved the first round of matching funds during a meeting on May 7, with an issuance date of May 13. But many candidates were left waiting for days, in some cases nearly a week, to receive their public money. Several of those candidates were surprised to learn the reason for that delay. They were expecting direct deposit but wound up receiving a paper check in the mail for tens or even hundreds of thousands of dollars.

New York – City Hall Aide Is Cooperating with Corruption Investigation into Adams

DNyuz – William Rashbaum, Dana Rubenstein, and Michael Rothfeld (New York Times) | Published: 5/20/2024

An aide to New York Mayor Eric Adams who served as his longtime liaison to the Turkish community has turned against him and is cooperating with the corruption investigation into Adams and his 2021 campaign. The cooperation of Rana Abbasova could represent a significant development in the broad corruption inquiry, which has focused in part on whether Adams’ campaign conspired with the Turkish government to funnel illegal foreign donations into campaign coffers, and whether Adams pressured Fire Department officials to sign off on a new high-rise Turkish consulate despite safety concerns.

New York – NYC Mayor Adams’ Involvement in Brother’s Charity Group Event Sparks Concerns Over Backdoor Donors

MSN – Chris Sommerfeldt (New York Daily News) | Published: 5/22/2024

New York City Mayor Eric Adams appeared at a fundraiser for a new charity that aims to provide cultural programs for disadvantaged children. Angels Helpers NYC is the brainchild of the mayor’s brother, Bernard Adams, who is being paid $10,000 annually for his work, covered by private donations to the group. Bernard Adams’ involvement in the charity, along with the mayor’s participation in the gala, raised concern among watchdogs that wealthy players in the city will see giving to Angels Helpers as a legal backdoor for currying favor with the mayor.

New York – More Adams Administration Officials in Talks to Join Ex-Chief of Staff Frank Carone’s Lobbying Firm

New York Daily News – Chris Sommerfeldt | Published: 5/17/2024

Two more senior officials in New York City Mayor Eric Adams’ administration are in talks to join former chief of staff Frank Carone’s lobbying firm. If the officials come on board, Carone’s firm, which is actively lobbying both city and state government officials, will be employing five Adams administration alums.

North Carolina – GOP Candidate for NC Governor Blasts Public Spending as His Family Nonprofit Rakes in Taxpayer Funds

MSN – Brian Slodysko and Bill Barrow (Associated Press) | Published: 5/22/2024

In his bid to become North Carolina’s first Black governor, Republican Mark Robinson assails government safety net spending as a “plantation of welfare and victimhood” that has mired generations of Black people in “dependency” and poverty. But the lieutenant governor’s [political rise would not have been possible without it. Over the past decade, Robinson’s household has relied on income from Balanced Nutrition, a nonprofit founded by his wife that administered a free lunch program for children. The organization, funded entirely by taxpayers, has paid out at least $830,000 in salaries to Robinson and other members of his family.

Ohio – Ohio Lawmakers Won’t Pass Biden Ballot Fix, House Speaker Says

MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 5/21/2024

If President Biden is going to make it on the ballot in Ohio, it will not be because of the Republican-controlled state Legislature, according to House Speaker Jason Stephens. He said the push to fix the state law that is posing a barrier for the Democratic president has stalled out. “It’s a hyper political environment at this at this time of year and there are some Republicans who just didn’t want to vote on it. … I think there are other alternatives to it, so why create a stir that’s not necessary,” said Stephens.

Oregon – Republican Fundraisers Ran Afoul of Oregon Liquor Rules, Investigation Finds

MSN – Noelle Crombie (Portland Oregonian) | Published: 5/21/2024

The Columbia County Republican Central Committee violated state liquor regulations when it auctioned bottles of high-end bourbon, including Pappy Van Winkle, during fundraisers in 2022 and 2023, a state investigation found. The Oregon Liquor and Cannabis Commission inquiry followed a media report that determined the rural political group’s Bourbon in the Barn events appeared to skirt state rules.

Oregon – Why the First Lady’s Involvement with a Big Pharmaceutical Company Is Noteworthy

Willamette Week – Nigel Jaquiss | Published: 5/22/2024

Oregon first lady Aimee Kotek Wilson arranged a meeting for representatives of Johnson & Johnson with Ebony Clarke, the state’s director of behavioral health. The Oregon Health Plan paid nearly $1.4 billion for prescription drugs last year. Gov. Tina Kotek’s staff has a rigorous process for vetting access to the governor and her top advisers. Emails show that when a request for a meeting or even a phone call comes in, there is a detailed evaluation process and often a formal memo. For the first lady, however, there was no such process.

Pennsylvania – Can Republicans Embrace Voting by Mail? Pennsylvania Offers a Test

DNyuz – Michael Wines (New York Times) | Published: 5/21/2024

Republican Party leaders in Pennsylvania have pledged to spend millions of dollars this year to promote voting by mail despite claiming for years, without evidence, that mailed votes are riddled with fraud. The national party is also pressing a pro-mail publicity campaign called “Bank Your Vote,” apparently after concluding that staking its candidates’ fates on a hefty Election Day turnout was not an optimal strategy.

Pennsylvania – Pa.’s Judges Must Reveal the Perks They Accept, but the Public Won’t Find Those Disclosures Online

Yahoo News – Angela Couloumbis (Spotlight PA) | Published: 5/20/2204

Every year, thousands of officials in state government must fill out reports by May 1 that disclose their sources of income, creditors, and business interests, as well as any gifts, hospitality, or other perks they accepted. Those reports are then made publicly searchable and available online. Pennsylvania’s judges, however, play by somewhat different rules.

South Carolina – Supreme Court Allows Disputed South Carolina Voting Map

MSN – Patrick Marley and Ann Marimow (Washington Post) | Published: 5/23/2024

The U.S. Supreme Court allowed the use of a South Carolina congressional map that a lower court said “exiled” thousands of Black voters to carve out a district safer for a White Republican incumbent. At issue for the court was whether South Carolina’s new map, which was created by the GOP-led Legislature and moved Black voters from one district to another, was permitted to bolster the Republican majority or was an unconstitutional effort to divvy up voters by race. The conservative majority sent the case back to the lower court, giving Republicans a victory by finding it erred when it determined race predominated the map-drawing process.

Tennessee – Concerns Over Free Speech Grow as Abortion Travel Ban Heads to Tennessee Governor’s Desk

MSN – Angele Latham (Nashville Tennessean) | Published: 5/16/2024

Some free speech advocates are raising the alarm over wording in a new Tennessee bill that could potentially restrict a person’s right to speak about abortion health care. The law, passed by state lawmakers this year, makes it a felony to recruit or transport a minor for an illegal abortion without parental consent. It closely mirrors a recent law passed in Idaho, which a federal judge halted on First Amendment grounds.

Washington – Prominent Seattle Lobbying Firm Exits Bankruptcy, Cuts CEO’s Pay

Seattle Times – Jim Brunner | Published: 5/20/2024

A major Seattle lobbying and public affairs firm wrapped up its bankruptcy with a reorganization that will pay off debtors, including $6 million owed to its estranged former co-founder. Strategies 360 filed for Chapter 11 bankruptcy protection in November, a move prompted by a rancorous financial dispute between Chief Executive Officer Ron Dotzauer and his ex-business partner Eric Sorenson.

Washington – Tanya Woo Should Recuse from Minimum Wage Vote, Ethics Head Says

Seattle Times – David Kroman | Published: 5/20/2024

When the Seattle City Council votes on a new, lower pay standard for app-based delivery drivers, Councilperson Tanya Woo should recuse herself, said Wayne Barnett, director of the Ethics and Elections Commission The reason is that Woo’s father-in-law owns Kau Kau BBQ and uses delivery apps, giving Woo’s family a possible financial stake in the vote. “For me, that’s just too close,” Barnett said.

The Alabama Legislature adjourned earlier than expected this year on May 9.

Lawmakers declined to pass a bill to rewrite large portions of the Alabama Ethics Act.

House Bill 227 would have relaxed gift restrictions; weakened powers of the Alabama Ethics Commission; and given oversight of the commission to the Legislature.

Passed bills included those relating to school vouchers and limiting absentee voting assistance.

The second regular session of the Wisconsin State Assembly concluded on May 15.

During the session, lawmakers passed campaign finance bills related to disclosures and lobbyist contributions.

Assembly Bill 664 requires any audio or video communication paid for by a candidate, committee, or party containing synthetic media to include a disclaimer at both the beginning and the end of the communication.

Senate Bill 822 requires local committees supporting or opposing local candidates and referendums to register and file campaign finance reports with the Wisconsin Ethics Commission instead of local clerks beginning July 1, 2025.

Senate Bill 741 clarifies only a special election to fill a vacancy in a state office opens the lobbyist contribution window for personal contributions to a partisan elected state official or state candidate.

Conduits receiving and releasing earmarked contributions will be required to pay a $100 annual filing fee.

The Alaska Legislature adjourned sine die on May 16 after pushing through a flurry of bills in the final days.

The Senate adjourned right before the midnight hour on Wednesday while the House continued to work into Thursday morning.

This has raised questions about the legality of those pieces of legislation which were passed after the midnight deadline.

The main focus towards the end of the session was on a few different energy bills, rather than the usual budget negotiations.

The legislature also passed several major policy bills regarding crime, the budget, and education issues.

The Vermont General Assembly adjourned sine die on Saturday, May 10.

During the session, lawmakers passed House Bill 875, which overhauls the Vermont ethics laws.

The bill grants the Ethics Commission the power to perform investigations and hearings.

Additionally, the bill creates a uniform Municipal Code of Ethics and repeals redundant municipal ethics laws.

If approved by the governor, sections of the bill will take effect on passage; January 1, 2025; or January 1, 2026.

The Connecticut General Assembly adjourned sine die on May 8.

During the session, lawmakers passed Senate Bill 253 concerning foreign political spending.

The bill prohibits foreign nationals from making contributions or expenditures and individuals from receiving contributions from foreign nationals.

Additionally, it requires certification on independent expenditure reports that the person making the expenditure is not a foreign national.

If signed by the governor, Senate Bill 253 becomes effective from passage.

This does affect lobbying reporting.

The monthly employer activity report required any month the General Assembly is in regular session is due June 10.

Lawmakers adjourned sine die on Thursday May 9.

Passed bills include compensation for college sports athletes which, if signed by the governor, allows colleges to directly support college athletes while they play for the school’s team.

Any bill left alive will have another chance during the 2025 session when all 170 seats of the Legislature will be up for reelection.

The Mississippi Legislature adjourned sine die on Saturday, May 4.

Notable bills passed during this session include House Bill 1664, which included agents and owners of utility companies in the definition of covered person for the purposes of political contribution and gift restrictions.

Lawmakers also succeeded in passing a $7.9 billion budget.

Notable bills that did not pass included a bill to require lobbyists to disclose whether any client is a foreign principal of a foreign adversary and a bill requiring disclosure if the lobbyist had a material financial interest in a business that may benefit from an issue or bill.