lobbying Archives - State and Federal Communications

July 15, 2024 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance California: “California Limits Pay-to-Play Politics in Local Elections, but Federal Law Enables a Loophole” by Theresa Clift (Sacramento Bee) for Yahoo News National: “Influencer Running for U.S. Senate Challenges Campaign Finance Rules” by Taylor Lorenz (Washington Post) for MSN Elections National: “Shooting at […]

July 12, 2024 • Written by Jim Sedor

News You Can Use Digest – July 12, 2024

National/Federal Clinton Campaign Case to Prompt Review of Disclosure Exemption Bloomberg Law News – Mike Vilensky | Published: 7/9/2024 The FEC “acted contrary to law” in dismissing a Campaign Legal Center complaint alleging campaign finance violations by Hillary Clinton’s 2016 presidential campaign […]

National/Federal

Clinton Campaign Case to Prompt Review of Disclosure Exemption

Bloomberg Law News – Mike Vilensky | Published: 7/9/2024

The FEC “acted contrary to law” in dismissing a Campaign Legal Center complaint alleging campaign finance violations by Hillary Clinton’s 2016 presidential campaign and a PAC supporting her candidacy, the U.S. Court of Appeals for the District of Columbia Circuit ruled. The complaint accused Clinton’s campaign committee of accepting millions of dollars in undisclosed coordinated contributions from Correct the Record in the form of opposition research, message development, surrogate training, video production, and press outreach.

Judge Denies Effort by Trump Co-Defendant to Have Charges Dismissed

DNyuz – Alan Feuer (New York Times) | Published: 7/6/2024

The federal judge overseeing Donald Trump’s classified documents case rejected an effort by one of his co-defendants to have the charges he is facing dismissed by claiming he was the victim of a vindictive prosecution by the government. The co-defendant, Walt Nauta, who works as a personal aide to Trump, had accused prosecutors in the office of the special counsel, Jack Smith, of unfairly indicting him because he declined to help their efforts to build a case against the former president by testifying against him in front of a grand jury.

Immunity Ruling Leaves Judge Facing Tough Calls on Trump’s Election Indictment

DNyuz – Alan Feuer (New York Times) | Published: 7/9/2024

The Supreme Court’s ruling on presidential immunity will land back with the judge who is handling the case from which it sprang – the criminal prosecution of Donald Trump on charges of plotting to overturn the 2020 election. U.S. District Court Judge Tanya Chutkan will face a daunting task. She will have to make decisions about which of the indictment’s allegations can move forward and which will have to be tossed out. The Supreme Court has held that former presidents are completely protected against accusations arising from their core constitutional duties, but that they can face prosecution for unofficial acts they took while in the White House.

Broken Records: Citizens face growing obstacles to public records, and lawmakers make it worse

Jefferson Public Radio – Daniel Walters (InvestigateWest) | Published: 7/3/2024

A rising flood of records requests – driven by partisan tensions, technological innovation, corporate data mining, and “vexatious requestors” bombarding governments – have increasingly swamped under-resourced records agencies. Across the Northwest, citizens are facing longer wait times, steep fees, and other obstacles to obtaining government records the law says they deserve. It is also happening at the federal level, with average wait times doubling in the past decade, said David Cuillier, director of the Brechner Freedom of Information Project at the University of Florida.

Former Social Security Watchdog Abused Her Authority, Investigation Finds

MSN – Lisa Rein (Washington Post) | Published: 7/3/2024

The Social Security Administration’s recently departed inspector general abused her authority and undermined the integrity of her office while under investigation for misconduct, a report from a committee of federal watchdogs found. Gail Ennis refused to steer clear of an inquiry into her leadership of an anti-fraud program that issued extraordinary fines on disabled and elderly people accused of disability benefit fraud, investigators found. The report said she obstructed the probe by refusing to be interviewed, ordering subordinates and witnesses to limit access to information, and at times seeking to mislead investigators.

A Billionaire Is Boosting a Major Defamation Lawsuit against Fox News

MSN – Jeremy Barr (Washington Post) | Published: 7/8/2024

Smartmatic, the voting technology company enmeshed in complex defamation lawsuits against Fox News and Newsmax, has a powerful new financial ally: billionaire tech entrepreneur Reid Hoffman, who is a co-founder of LinkedIn. Hoffman’s multimillion-dollar investment is intended in part to help the company sustain its costly litigation. Smartmatic has said the two news outlets smeared it by airing bogus claims of rigged vote counting in the 2020 election.

100 Years after Gaining Citizenship, Native Americans Face Barriers to Voting

MSN – Jim Saska (Roll Call) | Published: 7/8/2024

A century ago, Congress granted citizenship to Native Americans, providing them the right to vote. A report from House Administration Committee Democrats argues the nation has failed to keep that promise of voting rights because casting a ballot is too difficult in many indigenous communities. The report takes aim at state laws that require voter identification but do not recognize tribal IDs; the failure to provide voting-related materials in indigenous languages; and electoral maps that split native communities into different districts, diluting their political strength.

Ruling Boosts Social Media Free Speech Protections, Some Say

MSN – Gopal Ratnam (Roll Call) | Published: 7/9/2024

The Supreme Court’s decision on two cases challenging social media content moderation policies could expand protections for tech platforms under the First Amendment umbrella even if Congress were to dilute other protections, according to legal experts. Companies posting user content on the internet enjoy a broad shield under Section 230 of a 1996 law. Lawmakers who want such platforms to rein in harmful content have threatened to revoke the section and force stricter moderation of what gets uploaded. But the court’s decision opens the door to broader, more fundamental cover from the First Amendment.

Bipartisan Senate Group Proposes Ban on Congressional Stock Trading

MSN – Jacob Bogage and Jacqueline Alemany (Washington Post) | Published: 7/10/2024

Members of Congress and their families would face stiff penalties for trading stocks under new legislation from a bipartisan group of senators. The bill would bar members of Congress from buying and selling stocks and certain other investments and impose similar restrictions on lawmakers’ spouses and dependent children by 2027. Lawmakers would face a fine worth their monthly salary or 10 percent of the value of each improper investment if they violated the new rules.

Political Ads on Social Media Rife with Misinformation and Scams, New Research Finds

MSN – David Klepper (Associated Press) | Published: 7/10/2024

Political advertisements on social media are one of the best ways for candidates to reach supporters and raise campaign cash. But as a new report from Syracuse University shows, weak regulations governing online ads and haphazard enforcement by tech companies also make ads a prime source for misleading information about elections and an easy way for con artists to target victims. The research examined more than 2,200 groups on Facebook or Instagram that ran ads between September and May mentioning one of the presidential candidates. Combined, the ads cost nearly $19 million and were seen more than 1 billion times.

Democratic Lawmakers Seek Criminal Investigation of Justice Thomas

MSN – Justin Jouvenal (Washington Post) | Published: 7/9/2024

Two Democratic U.S. senators announced they are seeking a criminal investigation of Supreme Court Justice Clarence Thomas over gifts of travel, a loan for a recreational vehicle, and other benefits he received from wealthy benefactors. Sens. Sheldon Whitehouse and Ron Wyden said they sent a letter to Attorney General Merrick Garland requesting he appoint a special counsel to probe whether Thomas violated ethics, false statement, and tax laws.

GOP Jump-Starts 2024 Election Challenges with Trump-Inspired Lawsuits

MSN – Amy Gardner and Isaac Arnsdorf (Washington Post) | Published: 7/10/2024

The Republican National Committee has expanded legal challenges to voting and election procedures in key swing states since March, when presumptive nominee Donald Trump installed new party leaders with a mandate to pursue his unsubstantiated claims of widespread cheating. Critics say the challenges are legally frivolous. But the cases are dangerous nonetheless, they argue, because they are meant to further erode public confidence in elections and lay the groundwork to overturn the results if Trump loses.

Supreme Court Ethics Remain at Center Stage After Hard-Right Rulings

MSN – Justin Jouvenal (Washington Post) | Published: 7/5/2024

Legal experts say the Supreme Court’s recent blockbuster rulings coupled with ethics allegations against some of the justices have reinforced doubts among a large swath of the country over whether the nations’ highest court can be a neutral interpreter of the law. Gabe Roth, executive director of Fix the Court, sees the scrutiny directed at the court as a positive step. “I’ve long believed that Supreme Court justices should be treated like politicians when it comes to assessing their moral character and potential entanglements,” Roth said. “We have moved to that place, and I think that’s positive given how powerful the justices are.”

From the States and Municipalities

Arkansas – Arkansas Official Rejects Bid to Put Abortion Rights Measure on Ballot

MSN – Frances Vinall (Washington Post) | Published: 7/10/2024

Arkansas Secretary of State John Thurston rejected petitions to put an abortion access measure on the ballot this fall, blaming a procedural error by the organizing group. Arkansans for Limited Government gathered more than 100,000 signatures in support of a ballot proposal to legalize abortion up to 18 weeks after fertilization, and exceptions afterward in cases of rape, incest, fatal fetal anomaly, or threat of physical harm to the pregnant patient. The group has faced a significant challenge in promoting its constitutional amendment initiative in what is sometimes ranked as “the most pro-life state in America.”

California – Big LA County Reforms, Including Board of Supervisors Expansion, Clear First Hurdle

MSN – Frank Stoltze (LAist) | Published: 7/9/2024

The Los Angeles County Board of Supervisors moved forward with a wide-ranging proposal to dramatically change how county governance works. The measure would expand the board of supervisors from five to nine members and create a countywide elected executive position akin to a mayor. Another proposed reform would create an independent ethics commission designed to root out corruption by elected officials. Supervisors would need to take a final vote on the package of reforms by August 9 to get them on the November ballot.

California – California Lawmakers Enacted a Bill to Limit Local Pay-to-Play Politics. Is It Working in Sacramento?

MSN – Theresa Clift (Sacramento Bee) | Published: 7/11/2024

Alvin Cheung, a founding president of California Northstate University, last year donated $250 to Sacramento City Councilperson Mai Vang’s re-election campaign. That amount was just one dollar less than the limit that would have prohibited Vang, who was facing no challenger, from casting a vote expected later this year on whether to award the university a tax break to build a hospital. Senate Bill1439 went into effect January 1, 2023, as a way to combat “pay-to-play” politics.

California – After FBI Raids, Oakland City Council Kills Plan to Strengthen Government Watchdog

Oaklandside – Eli Wolfe | Published: 6/27/2024

The Oakland City Council defeated a modest proposal to strengthen an agency that investigates public corruption and ethics violations. The decision raised eyebrows among those witnessed the FBI raid the home of Mayor Sheng Thao and properties belonging to the city’s recycling contractor, California Waste Solutions. The council rejected a proposed ballot measure to improve the city’s Public Ethics Commission.

Colorado – Faith Winter Violated Colorado Senate Ethics Policy by Appearing to Be Intoxicated at Community Meeting, Panel Rules

Colorado Sun – Jesse Paul | Published: 7/8/2024

State Sen. Faith Winter violated the Colorado Senate’s ethics rules when she appeared to be intoxicated when attending a community meeting earlier this year in Northglenn, a legislative committee convened to investigate her conduct ruled. The Senate Committee on Ethics found that Winter, the chamber’s assistant majority leader, failed to meet the chamber’s ethics standards requiring that she promote public integrity and public confidence.

Connecticut – Did a CT Advocacy Group’s Email Violate Campaign Finance Law? SEEC Investigating

Connecticut Mirror – Andrew Brown and Ginny Monk | Published: 7/5/2024

The State Election Enforcement Commission is investigating a complaint alleging CT169Strong, an organization that has lobbied against Democratic-sponsored housing and zoning legislation in recent years, illegally assisted one of the group’s members who is running for a seat in the Connecticut Legislature. At issue is a message CT169Strong distributed in May as the group was lobbying against the so-called Work Live Ride bill, a piece of legislation that would have encouraged towns to approve more apartments near train and bus stations.

Georgia – Appeals Court Greenlights Campaign Finance Case Against Nonprofit Founded by Stacey Abrams

MSN – Robert Schmad (Daily Caller) | Published: 7/8/2024

A federal appeals court struck down an injunction blocking Georgia from enforcing a state campaign finance law against two nonprofits founded by former gubernatorial nominee Stacey Abrams. A complaint accused the New Georgia Project and the New Georgia Project Action Fund of illegally canvassing for Democratic candidates, including Abrams, during the 2018 midterm elections and failed to disclose millions of dollars in electioneering expenses.

Hawaii – Government Workers in Hawaii Get Paid Not to Work as Misconduct Investigations Drag on for Months or Years

Honolulu Civil Beat – Christina Jedra | Published: 7/10/2024

In Hawaii, “stay away” pay is the practice of giving public employees time off from work while they are investigated for alleged misconduct. Some 350 employees across more than two dozen state and county agencies were put on paid leave due to investigations into suspected wrongdoing from 2020 through 2023. An analysis shows paying these employees not to work cost taxpayers at least $9.5 million in that three-year period. When investigations, and therefore the paid leave, drag on for years, it can waste taxpayer dollars, cause already strained government offices to be stretched even thinner and reward bad behavior.

Hawaii – Honolulu Ethics Commission Says Number of Complaints Has Dropped

Honolulu Civil Beat – Matthew Leonard | Published: 7/8/2024

The Honolulu Ethics Commission says it cannot explain a dramatic fall in the number of complaints it received last year, but it is hopeful the decrease might be the result of more specialized training and expanded outreach. The number of ethics complaints the commission received in 2023 was the lowest since 2018, but the 160 it received in 2022 was a record. That spike could be attributed to the increased scrutiny of ethics rules following the guilty pleas of former state legislators Ty Cullen and Kalani English for taking part in a bribery scheme.

Illinois – Former GOP State Lawmaker, Candidate for Governor Sentenced to 42 Months in Prison

Northern Public Radio – Hannah Meisel (Capitol News Illinois) | Published: 7/10/2024

Former Illinois Sen. Sam McCann was sentenced to 42 months in federal prison for stealing nearly $700,000 in campaign funds and attempting to conceal his theft with false reports to state election authorities. McCann pleaded guilty to seven counts of wire fraud and one count each of money laundering and tax evasion after prosecutors had spent nearly three days presenting evidence against him at trial. U.S. District Court Judge Colleen Lawless said McCann’s refusal to “accept responsibility” until the last possible moment factored into her calculation for prison time.

Illinois – Fate of ComEd Bribery Defendants Could Be in the Dark for Months

WBEZ – Jon Seidel (Chicago Sun-Times) | Published: 7/9/2024

The fate of four people convicted in one of Chicago’s biggest corruption trials will remain up in the air for at least four months as a judge considers the full effect of a U.S. Supreme Court ruling that threatens the jury’s verdict. The high court ruled a law prohibiting bribery among state and local officials did not also criminalize after-the-fact rewards known as “gratuities.” The law in question is involved in five of the nine counts in the Commonwealth Edison bribery case.

Indiana – For Indiana Democrats These Days, Every Year Is a Rebuilding Year

MSN – Brittany Carloni and Kayla Dwyer (Indianapolis Star) | Published: 7/10/2024

Indiana Democrats have not won a contested statewide race since 2012, and party factions disagree about how to turn that tide: whether to run moderate or progressive candidates, and whether to focus on rural or suburban communities. In the absence of an elected statewide party leader, there is a tendency among some to blame the party chair, while his defenders argue naysayers have an outsized view of what role the party should play. The Democratic Party and its top candidates also raise far less money than they used to in Indiana.

Louisiana – Louisiana Ethics Board Faces Higher Quorum Hurdle Under New Law

Louisiana Illuminator – Julie O’Donoghue | Published: 7/8/2024

The Louisiana Board of Ethics will face challenges conducting its business over the next five months under a new state law that gives Gov. Jeff Landry more control over the body. In August, the number of members required to hold a meeting will jump from six to eight of the current 11 members. Ten of 11 board members, instead of eight, will need to be present for the board to move forward with investigations of a potential ethics violation, said Kathleen Allen, the board’s administrator. The ethics board already struggles at times to maintain a quorum under its current threshold.

Maine – The Young People Striving to Make Their Mark on Maine State Policy

Yahoo News – Emma Davis (Maine Morning Star) | Published: 7/8/2024

After Lianna Holden, a recent high school graduate from Lewiston, saw the devastation in her community from a mass shooting last fall, she took to the Maine Legislature to compel change. While testifying for the first time before lawmakers, Holden’s nerves were, for the most part, eclipsed by her knowledge of the legislative process. She had undergone training on grassroots lobbying, workshops on how to write testimony, and had been tracking the changing text and outcomes of gun bills and other legislation of interest to her and her classmates.

Missouri – Ozarks Nonprofits Reassert Political Neutrality After Drone Show with Campaign Message

MSN – Susan Szuch (Springfield News-Leader) | Published: 7/6/2024

A 15-minute-long drone show that included an endorsement for a Christian County Commission candidate left two nonprofits scrambling to assert their political neutrality, while highlighting a potential gray area in Missouri campaign finance law. Near the end of the display, which ran at the same time as the fireworks display, drones spelled out “VOTE JACKSON” in reference to Christian County Commissioner Bradley Jackson, who is up for re-election in November.

New Jersey – Can Pro-Trump N.J. Governor Candidate Keep His Popular Radio Show? State Just Ruled.

MSN – Brent Johnson (NJ Advance Media) | Published: 6/28/2024

The New Jersey Election Law Enforcement Commission (ELEC) took a wait and see approach when it comes to whether the morning radio show of gubernatorial hopeful Bill Spadea violates campaign finance law. ELEC said the show can continue, but it will keep a close watch on what the Republican candidate says on the program and could act later. The hearing addressed whether the show amounts to an in-kind campaign contribution from the station that exceeds the legal limit because of the name recognition and platform he receives.

New York – Hochul Nominates Ethics Commissioner as the Panel’s Future in Limbo

Albany Times Union – Brendan Lyons | Published: 7/3/2024

Gov. Kathy Hochul nominated a New York City attorney to fill one of three vacant positions on the state ethics commission, even as the future of that panel remains in limbo following a recent appellate decision that found it was created in violation of New York’s constitution. Hochul’s nomination of James Caras, who last year retired from his role as special counsel to the speaker of the New York City Council, will be subject to a seven-day public comment period before being presented to a review committee comprised of New York law school deans.

New York – How a New York Democrat Lost a Progressive Ballot Line to a G.O.P. Proxy

DNyuz – Nicholas Fandos (New York Times) | Published: 7/5/2024

When Mondaire Jones, a former Democratic member of Congress running for his old House seat, broke ranks and endorsed the primary opponent of U.S. Rep. Jamaal Bowman in a neighboring district, his longtime allies in the left-leaning Working Families Party were furious. It cancelled plans to campaign for former Jones in his comeback bid. Then things took an even more bizarre turn. The Working Families Party held what should have been a drama-free primary, but instead of nominating the liberal Jones, voters overwhelmingly chose the unlikeliest of alternatives as their nominee: a bankrupt local businessperson propped up by Republicans.

New York – NRA’s Ex-CFO Agreed to 10-Year Not-for-Profit Ban, Still Owes $2M for Role in Lavish Spending Scheme

MSN – Michael Sisak (Associated Press) | Published: 7/9/2024

The National Rifle Association’s (NRA) former finance czar, Wilson Phillips, has been banned for a decade from managing money for any nonprofit company in New York, the state’s attorney general said. Phillips agreed to the ban after a jury found him liable in a scheme to have the gun rights organization bankroll the extravagant lifestyle of the NRA’s longtime chief executive, Wayne LaPierre. Phillips still must pay $2 million in damages to the NRA for his role in concealing and enabling LaPierre’s spending.

Ohio – Ex-Lobbyist Serving 5 Years After Conviction in FirstEnergy Bribery Trial Argues Appeal

MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 7/3/2024

A former lobbyist, sentenced to five years in prison after a jury found he bribed a political operative with $15,000 for private campaign information, argued to appellate judges that he did nothing illegal. Matt Borges, once the chair of the Ohio Republican Party who later worked for FirstEnergy Solutions, told judges on the Sixth Circuit Court of Appeals prosecutors relied on Borges’ use of mob-like language in text messages rather than their underlying substance when they accused him of racketeering.

Oregon – Oregon Ethics Laws Don’t Bar First Lady Aimee Kotek Wilson from Unpaid Work in Wife’s Administration

MSN – Jamie Goldberg (Portland Oregonian) | Published: 7/10/2024

First Lady Aimee Kotek Wilson is allowed to volunteer in Gov. Tina Kotek’s office under state ethics laws as long as she does not personally benefit financially, ruled Susan Myers, executive director of the Oregon Ethics Commission. Myers provided the formal advice three months after the governor’s office asked the commission whether Kotek Wilson could develop, advise, and promote her wife’s priorities as a volunteer in the administration and whether the governor’s office could provide her with staff and resources to accomplish those goals.

South Carolina – A House Contest Where Race, Gerrymandering and the Supreme Court Loom Large

MSN – Patrick Marley (Washington Post) | Published: 7/9/2024

The U.S. Supreme Court signed off on district lines in South Carolina that Republican state lawmakers said they had designed to benefit their party. The First Congressional District had previously been competitive but is now ranked solidly Republican by the Cook Political Report. The Supreme Court ruled the new district lines did not represent an unconstitutional racial gerrymander, overturning a federal three-judge panel. In dissent, Justice Elena Kagan wrote that the majority had cleared the way for discrimination by giving states a green light for “using race as a short-cut to bring about partisan gains.”

Tennessee – Appeals Panel Keeps 21-Month Sentence for Ex-Tennessee Lawmaker Who Tried to Withdraw Guilty Plea

Kentucky Today – Jonathan Mattise (Associated Press) | Published: 7/9/2024

A federal appeals panel is keeping a 21-month prison sentence in place for a former Tennessee senator who tried to withdraw his guilty plea on campaign finance law violations. Former state Sen. Brian Kelsey had pleaded guilty to charges related to his attempts to funnel campaign money from his state legislative seat toward his failed 2016 congressional bid. His attorneys argued prosecutors violated the plea agreement when they said a harsher sentence could be applied after he attempted to withdraw his plea.

Tennessee – Tennessee Attorney General’s Office to Election Finance Office: We’re ‘not an investigative agency’

Tennessee Lookout – Sam Stockard | Published: 7/11/2024

Despite a major funding increase for personnel over two years, the state attorney general’s office notified the Tennessee Registry of Election Finance it is “not an investigative agency” and the agency can find other options if it is not satisfied with the length of time it takes to complete probes. Deputy Attorney General Andrew Coulam said his office is a “law firm with only three investigators” specializing in Medicaid fraud and consumer protection and might not have the staff to do campaign finance investigation in just a few months.

Texas – West Texas Pastor Who Used Illegal Donations from Churches to Campaign for Office Is Fined $3,500

MSN – Jessica Priest (Texas Tribune) | Published: 7/8/2024

A pastor who used his parish’s resources to campaign for office and several pastors from other churches who donated to him were fined after the Texas Ethics Commission determined each violated election law. Scott Beard, the pastor at Fountaingate Fellowship church who was fined $3,500, showed a “lack of good faith” in accepting the donations and in posting campaign signs on church property for his unsuccessful Abilene City Council race despite warnings against doing so, the commission found.

Vermont – New Report Shows Who Has – and Hasn’t – Turned in Latest Campaign Finance Records

VTDigger.org – Shaun Robinson | Published: 7/10/2024

Vermont Secretary of State Sarah Copeland Hanzas released a set of lists naming which candidates have – and which ones have not – filed campaign finance reports with the state as of early July, a move she said would help shine a spotlight on those who are not following the rules. Candidates for the upcoming primary who did not file a July 1 report, about a third of some 300 running for state and county offices this year, are not necessarily out of compliance with state law, Copeland Hanzas said. She thinks it is likely, though, that some are.

Wisconsin – Ballot Drop Boxes Returning to Wisconsin Following Top Court Decision

MSN – Patrick Marley (Washington Post) | Published: 7/5/2024

Liberals on the Wisconsin Supreme Court cleared the way for the use of absentee-ballot drop boxes, reversing a decision made by conservatives two years ago when they controlled the court. Ballot drop boxes were available for years in some Wisconsin communities, and their use was greatly expanded for the 2020 presidential election as voters turned to absentee voting because of the covid-19 pandemic. Top Wisconsin Republicans supported them at the time but turned against them after Joe Biden narrowly beat Donald Trump in the state.

July 11, 2024 • Written by Ryan Silvestro

Sacramento Passes Ordinance Amending Lobbyist Requirements

Sacramento, CA Skyline - Basil D Soufi

The city of Sacramento recently passed Ordinance 2024-0015, which amends various aspects of the city’s lobbying code. The definition of lobbyist is amended to lower the compensation threshold of when a contract lobbyist must register from $3,000 to $1,500. The […]

July 9, 2024 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance New Jersey: “Can Pro-Trump N.J. Governor Candidate Keep His Popular Radio Show? State Just Ruled.” by Brent Johnson (NJ Advance Media) for MSN Texas: “West Texas Pastor Who Used Illegal Donations from Churches to Campaign for Office Is Fined $3,500” by Jessica […]

July 5, 2024 • Written by Jim Sedor

News You Can Use Digest – July 5, 2024

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, […]

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.

July 3, 2024 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance California: “‘Recall Sheng Thao’ Campaign Refuses to Cooperate with Ethics Investigators, Faces Lawsuit” by Darwin BondGraham and Eli Wolfe (Oaklandside) for MSN National: “Ruling Accusing Former Miami Lawmaker of Campaign Finance Violations Tossed Out” by Jim Saunders (News Service of Florida) for […]

July 1, 2024 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance Arizona: “In CD1 Race, Mysterious Group’s Ads May Have Violated Campaign Finance Law” by Laura Gersony (Arizona Republic) for MSN California: “California Gubernatorial Candidate Spent Big on Vienna Trip – with Her Spouse’s Firm” by Christopher Cadelago (Politico) for MSN North Carolina: “Republicans: […]

June 28, 2024 • Written by Jim Sedor

News You Can Use Digest – June 28, 2024

National/Federal Judge Skeptical About Request to Limit Trump Statements on F.B.I. DNyuz – Alan Feuer and Eileen Sullivan (New York Times) | Published: 6/24/2024 The federal judge overseeing Donald Trump’s classified documents case posed tough questions to prosecutors who have asked her […]

National/Federal

Judge Skeptical About Request to Limit Trump Statements on F.B.I.

DNyuz – Alan Feuer and Eileen Sullivan (New York Times) | Published: 6/24/2024

The federal judge overseeing Donald Trump’s classified documents case posed tough questions to prosecutors who have asked her to bar him from making inflammatory statements that might endanger any FBI agents involved in the case. At a contentious hearing, U.S. District Court Judge Aileen Cannon seemed disinclined to impose new conditions on Trump that would limit what he could say about the FBI.

The Ballot Measures Aim to Reduce Partisanship. Can They Fix American Politics?

DNyuz – Michael Wines (New York Times) | Published: 6/25/2024

Americans of both parties routinely express deep concern about the state of the country’s democracy. This fall, many voters may have a chance to do something about it, by voting on state ballot measures related to the nuts and bolts of elections and governance. Eight states appear all but certain to field ballot measures that would either overhaul redistricting or rewrite election rules to discourage hyper-partisanship and give voters a greater voice in choosing candidates.

Michael Flynn Has Turned His Trump-World Celebrity into a Family Business

DNyuz – David Fahrenthold and Alexandra Berzon (New York Times) | Published: 6/23/2024

Since leaving the Trump administration under an ethical cloud, Michael Flynn has converted his celebrity into a lucrative and sprawling family business. He and his relatives have marketed the retired general as a martyr, raising hundreds of thousands of dollars for a legal-defense fund and then pocketing leftover money. A New York Times investigation found Flynn family members had made at least $2.2 million monetizing his right-wing stardom in recent years, with more than half of that going to Flynn directly. The reporting also raised questions about whether a nonprofit properly disclosed its payments to Flynn’s relatives.

Masks Are Going from Mandated to Criminalized in Some States

MSN – Fenit Nirappil (Washington Post) | Published: 6/24/2024

State legislators and law enforcement are reinstating dormant laws that criminalize mask-wearing to penalize pro-Palestinian protesters who conceal their faces, raising concerns among covid-cautious Americans. Immunocompromised Americans and civil libertarians who have criticized mask bans as a cudgel against protesters of police shootings, economic inequality, and environmental injustice say the bans are being revived because covid is no longer treated as a public health emergency.

Ronny Jackson, Wesley Hunt Face Campaign Ethics Probes Over Private Club Membership

MSN – Matthew Choi (Texas Tribune) | Published: 6/24/2024

U.S. Reps. Ronny Jackson and Wesley Hunt are under investigation for using campaign funds for private club memberships in a potential violation of campaign finance rules, according to the Office of Congressional Ethics Federal rules allow campaign funds for specific events at private clubs, but not typically for membership or unlimited access.

Judge Cannon Skeptical of Trump Claim FBI Mishandled Mar-a-Lago Search

MSN – Perry Stein and Devlin Barrett (Washington Post) | Published: 6/25/2024

U.S. District Court Judge Aileen Cannon signaled that Donald Trump’s legal team had not convinced her FBI agents offered false information to justify searching Mar-a-Lago, a potential blow to the former president’s efforts to disqualify key evidence in the classified documents case against him. Trump’s attorneys asked Cannon to grant what is known as a Franks hearing, a chance to show the government intentionally misled a magistrate judge when seeking a warrant to search for classified material at Trump’s Florida home and private club more than a year after he left office.

Supreme Court Wipes Out Anti-Corruption Law That Bars Officials from Taking Gifts for Past Favors

MSN – Charlie Savage (Los Angeles Times) | Published: 6/26/2024

The U.S. Supreme Court overturned the bribery conviction of James Snyder, the former mayor of Portage, Indiana, the latest in a series of decisions narrowing the scope of public corruption law. In their ruling, the court’s majority drew a distinction between bribery, which requires proof of an illegal deal, and a gratuity that can be a gift or a reward for a past favor. They said the officials may be charged and prosecuted for bribery, but not for simply taking money for past favors if there was no proof of an illicit deal.

Supreme Court Allows White House Contacts with Social Media Firms

MSN – Ann Marimow and Cat Zakrzewski (Washington Post) | Published: 6/26/2026

The U.S. Supreme Court rejected an effort to restrict White House officials and other federal employees from pressuring social media companies to remove posts from their platforms the government deems problematic, saying the challengers did not have legal standing to bring the case. The decision could have implications for efforts to combat foreign disinformation during a critical election year. The federal government largely halted its warnings to U.S. technology companies about foreign influence campaigns last year, after lower-court decisions that placed broad limits on such communications.

Robert Winnett Will Not Join Washington Post as Top Editor

MSN – Benjamin Mullin and Katie Robertson (New York Times) | Published: 6/21/2024

Robert Winnett, the editor selected to run The Washington Post, will not take up that position after reports raised questions about his ties to unethical news gathering practices in Britain. Winnett’s decision is the latest in a series of convulsions at The Post. Sally Buzbee, the paper’s executive editor, stunned the newsroom by abruptly resigning. That coincided with Lewis announcing a plan to drastically remake the newsroom. In the weeks since, numerous articles about Winnett and Lewis have raised questions about their journalistic ethics and past conduct.

Judge Cannon Asks about Attorney General Garland’s Oversight of Trump Trials

MSN – Perry Stein (Washington Post) | Published: 6/21/2024

U.S. District Court Judge Aileen Cannon pressed the special counsel team prosecuting Donald Trump to explain Attorney General Merrick Garland’s role in overseeing the classified-documents case and then criticized a lawyer on the team for being cagey with his response. The back-and-forth took place at the end of a four-hour hearing on Trump’s request to dismiss the case based on a widely disputed argument that special counsel Jack Smith was improperly appointed to lead the investigation.

Should Doctors in Congress Earn Money for Their Side Job?

MSN – Justin Papp (Roll Call) | Published: 6/20/2024

House rules and federal ethics laws make it difficult for members of Congress who are physicians from practicing medicine while they are legislators. Rep. Andy Harris is advocating language in the fiscal 2025 Legislative Branch spending bill that would clarify the right of medical professionals to work for compensation while in Congress — though they would still be beholden to an annual second-income cap. Despite concerns from Democrats that the carve-out could create potential conflicts-of-interest and benefits a small subset of members, the language was included in the bill that the Appropriations Committee advanced.

How America’s ‘Most Powerful Lobby’ Is Stifling Efforts to Reform Oil Well Cleanup in State After State

MSN – Mark Olade (ProPublica) | Published: 6/24/2024

Across the country, more than 2 million oil and gas wells sit unplugged. Many leak oil and toxic or explosive gasses but the money held in cleanup funds is many millions of dollars short of the projected costs. As regulators and legislators seek to require drillers to set aside more money for the work, they have invited oil companies and trade groups to help write the regulations. This dynamic, politically expedient in states where the industry wields tremendous influence, has combined with secretive drafting processes and millions of dollars of industry lobbying to weaken or defeat proposals in various states.

Judge in Trump Documents Case Rejected Suggestions to Step Aside

Yahoo News – Charlie Savage amd Alan Feuer (New York Times) | Published: 6/20/2024

Shortly after Judge Aileen Cannon drew the assignment to oversee Donald Trump’s classified documents case, two more experienced colleagues on the federal bench in Florida urged her to pass it up and hand it off to another jurist, according to two people briefed on the conversations. But Judge Cannon, who was appointed by Trump, wanted to keep the case and refused the judges’ entreaties. Her assignment drew attention because she has scant trial experience and had previously shown unusual favor to Trump by intervening in a way that helped him in the criminal investigation that led to his indictment, only to be reversed.

From the States and Municipalities

Canada – Leaked TC Energy Recording Prompts B.C. to Probe Claims of Outsized Lobbying Influence on Government

Yahoo News – Matt Simmons (Local Journalism Initiative) and Mike De Souza (The Narwhal) | Published: 6/26/2024

British Columbia Attorney General Niki Sharma asked a provincial watchdog to look into a series of bold claims about how an executive at a Canadian oil and gas company, who is a former New Democratic Party staffer, claimed the company had leveraged political connections to persuade the provincial government to significantly weaken its environmental policies. The executive, Liam Iliffe, began lobbying for TC Energy less than a year after leaving a senior strategic communications position in government.

Alabama – Alabama Town’s First Black Mayor, Who Had Been Locked Out of Office, Will Return Under Settlement

MSN – Associated Press | Published: 6/24/2024

Patrick Braxton will be recognized as mayor of the town of Newbern, Alabama, under the terms of an agreement to settle a lawsuit. It will end the dispute over control of the town government and pave the way for Braxton to take over as Newbern’s first Black mayor. Instead of holding elections for the past six decades, the sitting mayor appointed a successor, and that successor chose town council members. That resulted in an overwhelmingly white government in a town where Black residents outnumber white residents by a two-to-one margin.

Alaska – State Judge Upholds Most Fines Against Group Seeking Repeal of Alaska Ranked Choice Voting

Alaska Beacon – James Brooks | Published: 6/21/2024

Anchorage Superior Court Judge Laura Hartz ruled opponents of Alaska’s ranked choice election system violated state campaign finance laws in their effort to gather signatures for a repeal ballot measure. Hartz upheld almost all fines issued by the Alaska Public Offices Commission (APOC) and concluded the state’s disclosure laws apply to ballot measures. APOC had issued more than $94,000 in fines in the case.

Arizona – Judge Disqualifies Himself from Lawsuit Challenging Ballot Measure on Judicial Retention

Arizona Capitol Times – Howard Fischer (Capitol News Services) | Published: 6/25/2024

A judge recused himself from deciding the legality of a ballot measure that would give him and his colleagues lifetime appointments. But the move leaves unanswered who is qualified to hear the case. Maricopa County Superior Court Judge Randall Warner stepped away after noting the lawsuit involves a bid by lawmakers to scrap the 50-year-old system that requires judges appointed by the governor to have to stand for reelection on a regular basis. All judges in the state’s largest counties are part of that same retain-reject system of elections. That means each of them is in the same position as Warner, with the same stake in the outcome of the case.

Arizona – Maricopa County Didn’t Enforce Campaign Finance Laws. Now, Political Groups Owe Millions

MSN – Sasha Hupka (Arizona Republic) | Published: 6/24/2024

For at least four election cycles, the Maricopa County Recorder’s Office chose not to refer groups that had long failed to file reports or pay late fees to the Maricopa County Attorney’s Office for prosecution. That policy complies with state law. But some groups with large fines have not turned in the required paperwork in years, robbing county residents of vital and legally required information. Former Arizona Attorney General Terry Goddard said county election officials’ decision not to enforce campaign finance rules was “a dereliction.”

California – FBI Raid of Oakland Mayor Rocks City, Fuels Questions Over Family’s Political Influence

Yahoo News – Salvador Hernandez and Ruben Vives (Los Angeles Times) | Published: 6/22/2024

FBI agents raided the home of Oakland Mayor Sheng Thao, casting a renewed spotlight on a years-long probe into the political influence, and campaign finance machinations, of one prominent local family. For five years, the Oakland Public Ethics Commission and the state Fair Political Practices Commission have been investigating allegations that executives at California Waste Solutions, namely members of the Duong family, used “straw donors” to circumvent donation limits and fill the campaign coffers of public officials.

Colorado – Capitol’s Alcohol Culture Under Scrutiny in Sen. Faith Winter’s Ethics Investigation

Colorado Politics – Marissa Ventrelli | Published: 6/23/2024

Friends and colleagues of Colorado Sen. Faith Winter argued a culture that normalizes alcoholism at the state Capitol is a contributing factor to her behavior at a Northglenn City Council meeting in April, which is now the subject of an ethics complaint. The city council had alleged Winter failed to uphold her official duties as a lawmaker when she attended the April meeting while appearing intoxicated. The Senate Committee on Ethics decided to investigate whether Winter violated the chamber’s ethics rules.

Florida – Government Watchdogs Will Lose Some Ethics Oversight Powers Under Bill DeSantis Signed

MSN – Ana Ceballos (Miami Herald) | Published: 6/21/2024

Florida Gov. Ron DeSantis quietly approved new restrictions on how watchdog commissions can investigate state and local officials for suspected public corruption and ethical violations, even as local officials say the move will likely result in less government oversight. Under the new law, state and local ethics panels will be allowed to investigate complaints against public officials only if someone with personal knowledge “other than hearsay” is willing to identify themselves by name and file a complaint under oath about suspected wrongdoing.

Illinois – Former Illinois Lawmaker Gets a Year in Prison for Cheating on Her Taxes

Chicago Sun-Times – Jon Seidel | Published: 6/21/2024

A federal judge sentenced former Illinois Sen. Annazette Collins to a year in prison for cheating on her taxes in a case with ties to the same investigation that snared indicted former House Speaker Michael Madigan. Prosecutors say she ultimately dodged more than $150,000 in taxes. The case revolved around Collins’ work with her lobbying firm, Kourtnie Nicole Corp., following her years in the Legislature.

Illinois – Ex-Ald. Ed Burke Hit with 2-Year Prison Sentence: ‘I regret the pain and sorrow I have caused’

WTTW – Heather Cherone | Published: 6/24/2024

A federal judge sentenced former Ald. Edward Burke, the longest-serving city council member in Chicago history, to two years in prison after he was found guilty of racketeering, bribery, and extortion. Burke used his powerful position to force those doing business with the city to hire his private law firm. His trial included testimony from three dozen witnesses and 100 recordings made as part of a court-authorized wiretap and undercover efforts by former Ald. Danny Solis.

Maryland – Former Pr. George’s Councilman Mel Franklin Charged with Embezzlement

MSN – Katie Mettler, Latesha Beachum, and Jasmine Hulton (Washington Post) | Published: 6/20/2024

Former Prince George’s County Councilperson Jamel Franklin was charged in a felony theft scheme in which authorities say he embezzled at least $130,000 of his campaign funds to pay for personal expenses, including rent, loans, and cosmetic procedures for himself and a close friend. The charges come less than a week after Franklin abruptly resigned his seat as an at-large member of the council, a body he served on for nearly 14 years.

Michigan – Senate Symbolically Lets the Sunshine in as FOIA Reform Bills Advance to the House

Michigan Advance – Kyle Davidson | Published: 6/27/2024

Members of the Michigan Senate voted to advance an effort to expand the state’s Freedom of Information Act (FOIA). Senate Bills 669 and 670 would expand FOIA to include the governor’s office and the Legislature, both of which are exempt under the current law. Michigan was previously ranked last among the states for government integrity. In a report from the Center for Public Integrity, Michigan failed in 10 out of 13 categories including public access to information, executive accountability, and legislative accountability.

Nevada – Commissioners Hit with Ethics Complaints for Attending Las Vegas Grand Prix

Las Vegas Review-Journal – Taylor Avery | Published: 6/25/2024

At least four Clark County commissioners are being investigated by the state ethics board for accepting tickets to last year’s Las Vegas Grand Prix. Commissioners Tick Segerblom, Ross Miller, Justin Jones, and Jim Gibson confirmed they had received a notice of the investigation from the Nevada Commission on Ethics. All the commissioners who attended the race disclosed the tickets on their financial disclosure reports except Segerblom. He filed an amended report to include the ticket, listing it under a section for reporting meetings, events, or trips.

Nevada – Nevada Judge Dismisses Case Against Trump Electors, Citing Jurisdiction

MSN – Nicole Markus and Patrick Marley (Washington Post) | Published: 6/21/2024

A Nevada judge dismissed the case against six Republicans who submitted certificates falsely declaring Donald Trump the winner of the 2020 election. Clark County District Court Judge Mary Kay Holthus ruled the state should have filed the case in another county. Prosecutors said they would appeal her decision.

New Jersey – Norcross Indictment Shows How NJ Looks the Other Way on Conflicts of Interest, Ethics Expert Says

Gothamist – Nancy Solomon | Published: 6/21/2024

New Jersey’s attorney general indicted Democratic Party boss George Norcross, former Camden Mayor Dana Redd, Norcross’s brother Philip, attorney Bill Tambussi, and two business partners on corruption charges. The inclusion of Tambussi, who is the Norcross brothers’ longtime personal attorney and represents dozens of government entities, highlights what ethics experts say is a serious shortcoming in the state’s ability to flag and deal with conflicts-of-interest as he was able to represent clients on different sides of a transaction for many years.

New Jersey – Radio Host Bill Spadea Attacks ‘Extralegal’ Push to Review Campaign Benefit of His Show

New Jersey Monitor – Nikita Biryukov | Published: 6/25/2024

Republican gubernatorial candidate Bill Spadea is arguing in a new campaign filing that his weekday radio show does not amount to an impermissible in-kind contribution to his campaign because it does not include direct appeals for his election. His two primary opponents are taking the opposite position, claiming the platform afforded to Spadea by the radio station amounts to aid well above the New Jersey’s campaign contribution limits.

New Mexico – Ethics Commission Asks Judge to Force Disclosure from Dark Money Group

New Mexico In Depth – Marjorie Childress | Published: 6/26/2024

The New Mexico State Ethics Commission is putting pressure on a “dark money” political group to comply with disclosure laws. The new group made a splash in April when it began airing radio ads, and its founder, Jeff Apodaca, promoted its political agenda on local radio shows. But unlike other political groups, the New Mexico Project did not disclose who contributed to the organization, or how it was spending the money. In a court filing, the commission laid out its case the group meets the criteria for registering as a political committee.

New York – Judge Partially Lifts Trump Hush Money Gag Order

MSN – Luc Cohen (Reuters) | Published: 6/25/2024

A New York judge partially lifted a gag order on Donald Trump following the former president’s conviction on criminal charges stemming from an effort to influence the 2016 election by buying the silence of a woman who slept with Trump. The revised order now allows Trump to speak publicly about witnesses in and eases a prohibition on his commenting about the jury but keeps in place restrictions on his statements about individual prosecutors and others involved in the case.

North Carolina – North Carolina Governor Vetoes Masks Bill Largely Because of Provision About Campaign Finance

MSN – Makiya Seminera (Associated Press) | Published: 6/21/2024

Despite changes made to North Carolina’s masking bill to quell concerns over the removal of a pandemic-era health exception Gov. Roy Cooper said he vetoed the legislation mostly for a different reason – a campaign finance provision tacked on during legislative negotiations. The clause would allow wealthy donors to give money to special federal political organizations that can then send the money to state and county parties.

Ohio – Judge Blocks Ohio House Speaker Jason Stephens’ Access to GOP Campaign Cash, Gives Control to Opponents

MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 6/21/2024

A judge issued a preliminary injunction preventing Speaker Jason Stephens from spending money from the Ohio House Republicans’ campaign fund, amid an ongoing political battle with opponents from within his own party, and instead hands control to his opponents within the GOP caucus. It could complicate the ability of the dozen or so GOP candidates running in competitive races this fall to get financial assistance from the Ohio House Republican Alliance, which traditionally spends millions of dollars every election year.

Oregon – Former Oregon Officials Will Pay $2,000 Each to Settle Ethics Complaint Over Amazon Deals

MSN – Mike Rogoway (Portland Oregonian) | Published: 6/26/2024

Three former public officials in Morrow County will each pay $2,000 to settle a state ethics complaint over their dealings with Amazon. Investigators say the officials sometimes failed to acknowledge they might benefit personally when they voted to award tax breaks to Amazon data centers and sell land to the company. Each held a stake in the fiber-optic company Windwave Communications that provides connections for Amazon. The company said it had no indication investigators were looking at Amazon in connection with its tax breaks and Windwave contracts.

Oregon – Portland Weighs Tweaking Public Campaign Finance Program to Allow Larger Donations

Oregon Public Broadcasting – Alex Zielinski | Published: 6/24/2024

Less than five months from a historic election, Portland may tweak campaign finance rules to stretch the city’s cash-strapped public financing program. City candidates were emailed a survey asking whether the Small Donor Elections program should loosen its rules around the amount and type of in-kind donations nonprofits and other political organizations can give candidates. The proposal has drawn both praise and alarm from those involved in city campaigns.

Texas – Former Houston Development Official and 2 Vendors Face Charges in $8.5M Public Funds Scheme

MSN – Mike Morris (Houston Chronicle) | Published: 6/21/2024

A former Midtown Redevelopment Authority official and two vendors are facing felony corruption charges, accused of misusing some $8.5 million in public funds meant to build affordable housing in Houston. Charged in the case are Todd Edwards, the agency’s former real estate manager, along with vendors Veronica Ugorji and Kenneth Jones. Midtown has spent millions of tax dollars acquiring almost 500 lots in the city. It took neighborhood residents years of digging to discover Midtown paid a company Edwards himself formed $2.1 million from 2011 to 2020.

Texas – U.S. Supreme Court Sides with Texas Woman Who Claims She Was Arrested Out of Political Retribution

MSN – Isaac Yu (Texas Tribune) | Published: 6/21/2024

The U.S. Supreme Court revived the civil rights claim of a Texas woman who had sued her city for what she claims was a politically motivated arrest. The ruling gives plaintiff Sylvia Gonzalez another chance to pursue her retaliation claim against the San Antonio suburb of Castle Hills. Gonzalez was arrested in 2019 for allegedly stealing a government document soon after taking office as city council member.

Vermont – Vermont to Pay $175,000 After Man Charged for Raising Middle Finger at State Trooper

MSN – Victoria Bisett (Washington Post) | Published: 6/27/2024

The state of Vermont agreed to pay $175,000 to settle a lawsuit filed after a man was charged with a crime for raising his middle finger at a state trooper. The American Civil Liberties Union’s Vermont chapter, which filed the lawsuit on behalf of the man, accused state trooper Jay Riggen of subjecting Gregory Bombard to an “unnecessary traffic stop and retaliatory arrest” that violated his First and Fourth Amendment rights.

Vermont – To Fund Lawsuit Over Education Secretary, Senators Sought Donations

VTDigger.org – Ethan Weinstein | Published: 6/24/2024

Two state senators announced they were suing Vermont Gov. Phil Scott over his appointment of interim Education Secretary Zoie Saunders. Sens. Tanya Vyhovsky and Dick McCormack said they raised more than $11,000 to fund the lawsuit, but they declined to release the donors’ names. The unusual practice of raising funds to support the lawmakers’ lawsuit against Scott, and the reluctance to identify the donors, is a murky area not addressed in the state’s campaign finance disclosure laws.

Wisconsin – Former Deputy to Tearman Spencer Charged with Failing to Disclose Private Law Firm

MSN – Daniel Bice and Alison Dirr (Milwaukee Journal Sentinel) | Published: 6/27/2024

The top deputy of former Milwaukee City Attorney Tearman Spencer has been criminally charged, accused of falsifying financial disclosure forms by failing to disclose ownership of his private law firm while he was representing the city. Odalo Ohiku’s private firm had a criminal defense practice, the complaint notes, meaning it could have been handling cases critical of the Milwaukee Police Department, which lawyers in the city attorney’s office are responsible for defending against charges of illegal conduct.

June 26, 2024 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Ronny Jackson, Wesley Hunt Face Campaign Ethics Probes Over Private Club Membership” by Matthew Choi (Texas Tribune) for MSN New Jersey: “Radio Host Bill Spadea Attacks ‘Extralegal’ Push to Review Campaign Benefit of His Show” by Nikita Biryukov for New Jersey […]

June 25, 2024 • Written by James Warner, Esq.

Ask The Expert – What is the “Bubble Rule” and Does it Apply to Me?

Q: I’m travelling to a new state to have lobbying meetings with legislators and staffers. My outside counsel will be with me and has told me I don’t need to register as a lobbyist because we will be together. Is […]

Q: I’m travelling to a new state to have lobbying meetings with legislators and staffers. My outside counsel will be with me and has told me I don’t need to register as a lobbyist because we will be together. Is this true?

A: This is a question I get routinely and I refer to it as the “bubble rule.” The basic idea is if I am with a registered lobbyist while engaging in lobbying, I will not have to register myself. The majority of states do not have such a rule. When you engage in lobbying, you must evaluate whether you need to register independently of the fact that a registered lobbyist is with you during your communications.

Some states do have a version of the “bubble rule”. In California, an individual does not engage in a direct lobbying communication if he or she is an employee of a lobbyist employer, meets or speaks with a qualifying official in the company of a registered lobbyist retained by the individual’s employer, and participates as a subject matter expert. Idaho will not require registration for employees of a corporate entity if the entity itself has registered as a lobbyist, has appointed one or more of its employees or contractors as its official designated lobbyist, and the person so appointed by the entity has registered. Finally, Utah might have the best version of the rule. In short, an individual representing an entity who interacts with a public official, while accompanied by a registered lobbyist who is lobbying in relation to the subject of the interaction, is not required to register so long as the person does not make an expenditure on a public official.

Please keep in mind the nature of the interaction and why you are accompanying your outside counsel may itself be an exemption to lobbyist registration. You may be serving as a subject matter expert, which is referenced in the above California example. You may be testifying before a legislative committee, which is often seen as an exemption from lobbyist registration. Remember if using a testifying exemption from registration, you often cannot engage in any other lobbying communications.

In summary, do not believe that you are exempt from lobbyist registration simply because you are lobbying with someone who is already registered. Know the laws in the state and evaluate your need to register independently of who is with you during your meetings.

The information from this response can easily be found on our website in the Lobbying Compliance section of the United States Lobbying Compliance Guidebook. Please do not hesitate to contact us if you have questions.

June 25, 2024 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance Arizona: “Maricopa County Didn’t Enforce Campaign Finance Laws. Now, Political Groups Owe Millions” by Sasha Hupka (Arizona Republic) for MSN Ohio: “Judge Blocks Ohio House Speaker Jason Stephens’ Access to GOP Campaign Cash, Gives Control to Opponents” by Jeremy Pelzer (Cleveland Plain […]

June 24, 2024 • Written by George Ticoras, Esq.

Ontario Lobbying Target Lists Have Changed

Legislative Assembly of Ontario building - Saforrest (https://creativecommons.org/licenses/by/3.0)

The Office of the Integrity Commissioner has updated the Ontario Lobbyists Registry to conform to a recent cabinet shuffle that resulted in changes to ministers’ titles and ministry name. Specifically, amendments to Ontario Regulation 146/10, Public Bodies and Commission Public […]

June 21, 2024 • Written by Jim Sedor

News You Can Use Digest – June 21, 2024

National/Federal Democrats Announce a $10 Million Push for State Legislatures DNyuz – Maggie Astor (New York Times) | Published: 6/17/2024 As the arm of the Democratic Party that works on state legislative races, it is the job of the Democratic Legislative Campaign […]

National/Federal

Democrats Announce a $10 Million Push for State Legislatures

DNyuz – Maggie Astor (New York Times) | Published: 6/17/2024

As the arm of the Democratic Party that works on state legislative races, it is the job of the Democratic Legislative Campaign Committee to care about the bottom of the ballot. With a $10 million campaign, it is trying to get more voters to care, too. The investment, part of a $60 million total the group previously announced as its target for the 2024 cycle, will fund an unusually early and expansive public push, one intended not only to support candidates, but also to convince voters of the importance of controlling state Legislatures.

Washington Post Publisher and Incoming Editor Are Said to Have Used Stolen Records in Britain

DNyuz – Justin Scheck and Jo Becker (New York Times) | Published: 6/16/2024

The publisher and the incoming editor of The Washington Post, when they worked as journalists in London two decades ago, used fraudulently obtained phone and company records in newspaper articles, according to a former colleague, a published account of a private investigator, and an analysis of newspaper archives. Will Lewis, The Post’s publisher, assigned one of the articles in 2004 as business editor of The Sunday Times. Another was written by Robert Winnett, whom Lewis recently announced as newspaper’s next executive editor.

The Gun Lobby’s Hidden Hand in the 2nd Amendment Battle

DNyuz – Mike McIntire and Jodi Kantor (New York Times) | Published: 6/18/2024

In the battle to dismantle gun restrictions, one name keeps turning up in the legal briefs and judges’ rulings: William English, Ph.D. A political economist at Georgetown University, English conducted a largest-of-its-kind national survey that found gun owners frequently used their weapons for self-defense. That finding has been deployed by gun rights activists to notch legal victories with far-reaching consequences. English has received tens of thousands of dollars as a paid expert for gun rights advocates, and his survey work, which he says was part of a book project, originated as research for a National Rifle Association-backed lawsuit.

Mystery Fundraising Firm Takes in Millions from the Trump Campaign

MSN – Matt Dixon (NBC News) | Published: 6/17/2024

Donald Trump’s political operation has routed more than $3 million so far this year through a Delaware limited liability company whose owners are not publicly disclosed. The money has been paid to Launchpad Strategies, a company that appears to have been incorporated in Delaware in November, and lists a Raleigh, North Carolina, post office box as its address in campaign finance filings. Little is known about Launchpad Strategies beyond its existence and the millions of dollars it has taken in from a presidential campaign.

Rep. Kelly’s Wife Again Bought Stock in Company That Gained from His Legislative Efforts

MSN – Matthew Rink (Erie Times-News) | Published: 6/20/2024

U.S. Rep. Mike Kelly’s wife made a nearly identical stock purchase in March to one that resulted in a 2021 ethics investigation into insider trading. Victoria Kelly on March 28 purchased up to $100,000 in stock in steel manufacturer Cleveland-Cliffs. At the same time, Rep. Kelly and other elected officials, were pushing the U.S. Department of Energy to reconsider a proposed rule that would have changed the type of steel used in production of electrical distribution transformers.

Robert F. Kennedy Jr. Fails to Qualify for CNN’s Debate. It’ll Be a Showdown Between Biden and Trump

MSN – Meg Kinnard (Associated Press) | Published: 6/21/2024

Independent presidential candidate Robert F. Kennedy Jr. failed to qualify for the upcoming debate in Atlanta, according to host network CNN, falling shy of benchmarks both for state ballot qualification and necessary polling. The missed markers mean the June 27 event will be solely between President Joe Biden and presumptive Republican nominee Donald Trump. That denies Kennedy a singular opportunity to stand alongside the leading candidates in an attempt to lend legitimacy to his longshot bid and convince potential supporters he has a shot at winning.

Witness Tells House Ethics Committee That Matt Gaetz Paid Her for Sex: Sources

MSN – Will Steakin (NBC News) | Published: 6/19/2024

In recent weeks, House ethics committee investigators have conducted a string of interviews with numerous women who were witnesses in the yearslong Justice Department sex trafficking investigation into U.S. Rep. Matt Gaetz, multiple sources said. One woman told the committee that Venmo a payment from Gaetz was for sex, while others have said they were paid to attend parties that Gaetz also attended and that featured drugs and sex, sources said.

The Anti-China Pressure Hits DC Trade Groups

MSN – Caitlin Oprysko (Politico) | Published: 6/18/2024

More than half a dozen lobbying firms dumped Chinese clients earlier this year after it was reported that congressional offices were threatening to blacklist them for working for companies linked to the Chinese military. As distrust of the Chinese government increases, companies with roots in the country, or suspected links to China’s Communist Party, are finding themselves without allies to make their case to lawmakers. In an industry where relationships and access to those in power are currency, threats alone can be enough to make advocates wary.

New Documents Show Unreported Trips by Justice Clarence Thomas

MSN – Justin Jouvenal and Tobi Raji (Washington Post) | Published: 6/13/2024

Supreme Court Justice Clarence Thomas took three previously unreported trips paid for by conservative billionaire Harlan Crow, according to new documents by the Senate Judiciary Committee. Details of the private jet flights between 2017 and 2021 were obtained as part of an investigation the committee has been conducting into reports of lavish undisclosed travel and perks provided to justices by Crow and other wealthy benefactors that have sparked calls for reform.

US Appeals Court Won’t Revive Foreign Agent Case Against Casino Mogul Wynn

MSN – Andrew Goudsward (Reuters) | Published: 6/14/2024

A federal appeals court rejected a U.S. Justice Department attempt to revive a lawsuit accusing casino mogul Steve Wynn of lobbying then-President Trump on behalf of China. Wynn no longer had an obligation to register because his alleged lobbying campaign ended in 2017, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit found.

Stanford’s Top Disinformation Research Group Collapses Under Pressure

MSN – Joseph Menn (Washington Post) | Published: 6/14/2024

The Stanford Internet Observatory, which published some of the most influential analysis on the spread of false information on social media during elections, has shed most of its staff and may shut down amid political and legal attacks that have cast a pall on efforts to study online disinformation. Two ongoing lawsuits and two congressional probes into the Observatory have cost Stanford millions of dollars in legal fees. Students and scholars affiliated with the program say they have been worn down by online attacks and harassment, amid the heated political climate for misinformation research.

Senators in Summer Suits? Let’s See These ‘Suckers.

MSN – Rachel Tashjian (Washington Post) | Published: 6/14/2024

Seersucker Day dates back to the 1990s, when U.S. Sen. Trent Lott would designate a warm June day as an occasion to don the striped cotton summer suits popularized in the South. In a 2014 resolution, then-U.S. Rep. Bill Cassidy revived the tradition a decade ago, then partnered with colleagues when he joined the Senate to promote National Seersucker Day. The day creates a visual record of bipartisanship that can be otherwise difficult to see.

Lack of Regulation for ‘Zombie’ Campaign Accounts

NJ Spotlight News – Benjamin Hulac | Published: 6/20/2024

When campaigns end, candidates retire, lose reelection, or die, the spending that fueled their runs for public office continues. This overlooked world of post-election political spending has prompted bipartisan interest in Congress to require campaigns to close out these so-called zombie campaigns, placing particular focus on lobbyists and foreign agents. But legislation to do so is highly unlikely to become law soon, leaving former candidates the chance to use their donors’ money to scare off would-be rivals, aid political allies, and give money to benefit their lobbying interests.

From the States and Municipalities

Arizona – Trump Adviser Boris Epshteyn, Other Allies Plead Not Guilty in Arizona

MSN – Yvonne Wingett Sanchez (Washington Post) | Published: 6/18/2024

Boris Epshteyn, a key adviser to Donald Trump’s 2024 presidential campaign, pleaded not guilty to nine felony charges for his alleged role after the 2020 election to try to deliver Arizona’s 11 electoral votes to Trump instead of the rightful winner, Joe Biden. Two other co-defendants in the case pleaded not guilty to the same counts that Epshteyn faces, including conspiracy, fraud, and forgery: Jim Lamon, a GOP elector from Arizona who signed paperwork purporting Trump had won the state, and Jenna Ellis, an attorney who presented baseless claims of widespread malfeasance in states lost by Trump.

California – Hundreds of Vacancies at San Diego City and County Boards Hobble Missions, Delay Work

MSN – Jeff McDonald and Emily Alvarenga (San Diego Union-Tribune) | Published: 6/16/2024

Nearly seven percent of political appointments across the San Diego County government are vacant, either because the terms expired, they were abandoned by seat holders, or they are languishing while elected officials ponder fresh nominations. Persistent vacancies on San Diego city boards and commissions are even more widespread, with nearly one in five positions available for public appointment vacant. The vacancies across every sector of the city and county governments have prompted delays in policymaking, enforcement, and land-use planning, among other routine duties.

California – San Joaquin Supervisor’s Car Wash Paid to Clean County Cars

MSN – Aaron Leathley (Stockton Record) | Published: 6/18/2024

Several times a month, staff at the San Joaquin County Medical Examiner’s Office take their work vehicles to Canepa’s, a Stockton car wash belonging to first-term county Supervisor Paul Canepa and his family. Last year’s washes came to about $1,700. In May, the Board of Supervisors voted to allow the medical examiner’s office to use Canepa’s car wash for up to $200,000 in services the coming fiscal year, without having to go through further board votes.

Colorado – Colorado Secretary of State Finds Pro-Wolf Advocate Engaged in Illegal Lobbying During 2024 Legislative Session

Denver Gazette – Marianne Goodland (Colorado Politics) | Published: 6/18/2024

Stephen Capra must pay a $250 fine for violating Colorado’s lobbying law. Capra lobbied state lawmakers but failed to register with the state and file disclosure reports. The Elections Division noted “mitigating factors,” that the violation was not extensive and occurred for only a few hours over a two-day period, and it was only on one House bill that did not pass.

Delaware – Delaware Gubernatorial Candidate Bethany Hall-Long Has Taken $25,000 in Donations That Exceed Legal Limit

WHYY – Chris Barash | Published: 6/17/2024

Delaware Lt. Gov. Bethany Hall-Long’s gubernatorial campaign has accepted tens of thousands of dollars in contributions from PACs and individuals that exceed the $1,200-per-donor limit. The donations have come from at least two PACs that are not registered with the state Department of Elections, as required by law, as well as doctors, developers, lawyers, and other supporters who have contributed to her since 2021.

Hawaii – Honolulu Council Adopts Gift Ban Bill for City Officials

Honolulu Star-Advertiser – Ian Bauer (Honolulu Star-Advertiser) | Published: 6/8/2024

The Honolulu City Council voted to adopt Bill 23, meant to tighten existing rules that bar city employees from accepting gifts valued in excess of $50, also clarifying which gifts may be solicited or accepted. It replaces Bill 26, a similar 2022 measure that expired earlier this year after surpassing its two-year deadline without council passage.

Illinois – State Elections Board Dismisses Illegal Campaign Coordination Complaint, Declines to Clarify Law

WCBU – Hannah Meisel (Capitol News Illinois) | Published: 6/18/2024

Illinois elections officials indicated they were unlikely to step in to clarify what constitutes illegal campaign coordination after voting to dismiss a complaint alleging such coordination in the 2022 campaign for governor. The Illinois State Board of Elections dismissed a complaint alleging conservative radio host and political operative Dan Proft illegally coordinated with former state Sen. Darren Bailey during his 2022 campaign for governor. A hearing officer had agreed with Proft and Bailey’s contention that state law was not specific enough to find a violation had occurred.

Illinois – Ethics Committee Chair Pushes Call for Public Financing for City Council Elections into City Hall Spotlight

WTTW – Heather Cherone | Published: 6/18/2024

Calling Chicago’s campaign finance system broken, the chair of the city council’s Ethics Committee urged his colleagues to approve a plan to use taxpayer money to match small contributions from Chicagoans to candidates for the council. Ald. Matt Martin said the plan, which is estimated to cost approximately $9.5 million per election, was designed to reduce the influence of “big special interest donors.”

Louisiana – Gov. Jeff Landry, in Dispute with Ethics Board, Signs Law Giving Himself More Control Over It

Louisiana Illuminator – Julie O’Donoghue | Published: 6/17/2024

Gov. Jeff Landry signed a new law to give him control over the Louisiana Board of Ethics, even as a dispute between him and board members continues. The ethics board charged Landry last year with failing to disclose flights he took to and from Hawaii on a political donor’s private plane while Landry was attorney general. Landry and the board are still in negotiations about what an appropriate punishment for his violation should be.

Louisiana – Louisiana Requires Ten Commandments to Be Displayed in Public Classrooms

MSN – Anumita Kaur (Washington Post) | Published: 6/19/2024

Gov. Jeff Landry signed legislation requiring every public classroom in Louisiana to display the Ten Commandments, becoming the first state with such a law and inflaming tensions over the separation between church and state. Critics vowed to challenge the law in court, calling it unconstitutional and warning that it will lead to religious coercion of students.

Minnesota – Utility Regulators Hosted Annual Conference in Minneapolis with Money from Entities They Oversee

MSN – Walker Orenstein (Minneapolis Star Tribune) | Published: 6/18/2024

Minnesota’s utility regulators hosted more than 600 people in Minneapolis for an annual regional conference, but some of the sponsors helping to pay for the event are also at the whim of the regulators’ rulings. That financial relationship at the center of the Mid-America Regulatory Conference has some energy advocacy groups feeling uneasy about what they worry is a conflict-of-interest. But the lead organizer of this year’s event, Katie Sieben, chairperson of the Minnesota Public Utilities Commission, argued the gathering helps commissioners foster connection and make stronger decisions, not blur the lines between government and business.

Montana – Political Practices Commissioner Rules That AG Candidate Was Ineligible

Daily Montanan – Darrell Ehrlick | Published: 6/13/2024

The Montana Commissioner of Political Practices ruled Daniels County Attorney Logan Olson Logan Olson was not qualified to run for state attorney general in the 2024 primary election, but stopped short of saying he knowingly violated the law. Commissioner Chris Gallus said even if he had found Olson knowingly violated the law, he lacked enforcement power. Because Gallus could not prove that Olson broke the law, he dismissed the complaint against him.

New Jersey – Explosive Indictment Accuses Powerful N.J. Political Boss in Huge Corruption Scheme

MSN – Ted Sherman and S.P. Sullivan (NJ Advance Media) | Published: 6/17/2024

George Norcross III, a powerful Democratic power broker in New Jersey, was charged with racketeering. The indictment was announced by state Attorney General Matthew Platkin at a press conference attended by Norcross himself, who sat prominently in the front row. Platkin alleged Norcross and others obtained property and property rights on the Camden waterfront while collecting millions of dollars in government-issued tax credits and while controlling or influencing government officials.

New York – Mayor Adams’ 2021 Campaign Stopped Replying to NYC Watchdog. It Still Got Public Funds.

Gothamist – Brigid Bergin | Published: 6/13/2024

Newly released documents show the team behind Eric Adams’ mayoral bid in New York City was regularly seeking guidance from campaign finance officials long before Adams declared his candidacy. But when the Campaign Finance Board asked more questions about contributions from small donors to ensure Adams was in compliance, the campaign stopped replying. Adams raised nearly $20 million for his 2021 campaign, including more than $10 million from the public campaign finance program.

New York – How One Woman’s Quest to Fix Her Harlem Housing Complex Got Her Busted on Campaign Finance Charges

MSN – Graham Rayman and Téa Kvetenadze (New York Daily News) | Published: 6/16/2024

When the Manhattan district attorney’s office charged six people in a conspiracy to bundle illegal campaign contributions to the Eric Adams mayoral campaign, prosecutors alleged five of them did it to benefit themselves or companies with business before the city. But the sixth defendant swept up in the “straw donor” case, a 78-year-old retired accountant with no prior record named Millicent Redick, did not fit that narrative.

North Carolina – North Carolina Supreme Court Secretly Squashed Discipline of Two GOP Judges Who Admitted to Violating Judicial Code

MSN – Doug Bock Clark (ProPublica) | Published: 6/18/2024

When it comes to disciplining judges, North Carolina is one of the most secretive states in the U.S. North Carolina is one of only three states, in addition to the District of Columbia, to release information only at the last possible stage of the process, after the state Supreme Court orders discipline. Asher Hildebrand, a professor of public policy at Duke University, explained that North Carolina once had policies designed to keep the judiciary above the political fray. But the gradual dismantling of these policies by the Republican-controlled Legislature has driven the court’s polarization, according to Hildebrand.

Ohio – Federal Appeals Court to Reconsider Case Affecting Attorney General Dave Yost’s Authority to Block Proposed Ballot Issues

MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 6/17/2024

The full Sixth U.S. Circuit Court of Appeals will consider a recent decision that could affect Ohio Attorney General Dave Yost’s ability to block future proposed ballot-issue campaigns via a state law that gives his office authority to sign off on proposed language those campaigns must circulate with petitions to qualify for the ballot. A three-judge panel of the court ordered Yost to approve petition language for a proposed state constitutional amendment that would make it easier for Ohioans to sue police for misconduct.

Ohio – ‘Call Mike DeWine on the $500k:’ Governor’s text sparked dark money payment, texts show

MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 6/16/2024

In October 2018, polls showed a tight governor’s race between Mike DeWine and Rich Cordray. DeWine sent a text message to then-FirstEnergy Chief Executive Officer Chuck Jones: “Chuck. Can u call me?” In another text message, DeWine told Jones the teachers’ union had just dumped $1 million into Cordray’s campaign. Jones forwarded DeWine’s outreach to Mike Dowling, a senior vice president – who also was indicted this year on bribery charges alongside Jones. The FirstEnergy men agreed to a “dark money” contribution, which are unlimited in size and not publicly disclosed.

Oklahoma – How Oklahoma Tracks Campaign Finances Is About to Change. Find Out How

MSN – Emma Murphy (Oklahoma Voice) | Published: 6/14/2024

A $1.2 million appropriation to the Oklahoma Ethics Commission in the recently signed budget will fund the replacement of the Guardian System, a database used to track campaign finance reports and the registration of lobbyists. The system is set to expire in February 2025 and amid an election cycle, replacing the system has become more urgent.

Oklahoma – Oklahoma Ethics Commission Settles with Make Oklahoma Great Again PAC

Oklahoma Voice – Emma Murphy | Published: 6/17/2024

The Make Oklahoma Great Again Political Action Committee was fined $25,000 to settle a state Ethics Commission complaint. According to the settlement, the organization failed to register as a PAC and file contribution and expenditure reports.

Oklahoma – Stitt Bans No-Bid PR Contracts. But It Won’t Impact Oklahoma Education Agreement, Spokesman Says.

Yahoo News – Barbara Hoberock (Oklahoma Voice) | Published: 6/14/2024

Oklahoma Gov. Kevin Stitt issued an executive order prohibiting state agencies from spending money on outside public relations firms by using sole source contracts. But the executive order does not impact existing contracts the State Department of Education has entered. Sole source contracts are issued without competitive bidding. State Superintendent Ryan Walters has used state dollars for an outside firm to promote himself, his ideas, and his administration, drawing criticism.

Oregon – Oregon’s Top Health Official Meddled in Press Release at Behest of Alcohol Industry Lobbyists

Willamette Week – Lucas Manfield | Published: 6/16/2024

Emails show the state’s top health official suggested changing a routine press release after alcohol industry lobbyists said it was too negative. The release was sent out, suggestion included, on April 4. The occasion was Alcohol Awareness Month. On April 3, a top deputy to the state Health Authority’s director gave four representatives of the Oregon Beer & Wine Distributors Association, the Oregon Wine Council, and other industry groups a draft copy of the release. Lobbyists wanted additions to the press release to make it “more balanced.”

Texas – Texas Conservatives Want to End Countywide Voting. The Costs Could Be High.

MSN – Natalia Contreras (Votebeat) | Published: 6/12/2024

A conservative push to get rid of countywide polling places is winning growing interest from state lawmakers, as well as a spot on the Texas Republican Party’s list of legislative priorities for next year. But election officials are warning if legislators scrap the state’s countywide voting program, they will struggle to pull off the changes that would be required, beginning with increasing their numbers of polling places. That means paying for hard-to-find additional locations, recruiting and paying workers to staff them, and obtaining more voting equipment.

Texas – Texas Ethics Commission Requires Social Media Influencers to Disclose Paid Political Posts

MSN – Bayliss Wagner (Austin American-Statesman) | Published: 6/18/2024

The Texas Ethics Commission approved a new rule that requires social media influencers to disclose their paid political work after an investigation revealed an organization hired dozens of influencers to attend a rally in support of impeached state Attorney General Ken Paxton. The rule will require transparency about such transactions, requiring that a person who is paid to boost a post or make their own video or post by a political actor discloses that to their audience.

Texas – Ex-Legislator Faces Investigation for Possible Violation of Lobbying Law He Co-Sponsored

Texas Observer – Justin Miller | Published: 6/12/2024

A former legislator who chaired a powerful state House committee is under investigation by the Texas Ethics Commission for his alleged violations of a “revolving door” law that restricts lawmakers from leaving office to become lobbyists. Rep. Chris Paddie resigned his seat to become a lobbyist and consultant for private sector interests. His attempted career transition was thwarted by a lobbying law that Paddie co-sponsored, which bans departing legislators who gave campaign funds to fellow lawmakers from lobbying for two years after their last donation.

Vermont – Vermont Lawmaker Apologizes for Repeatedly Drenching Colleague’s Bag

MSN – Praveena Somasundaram (Washington Post) | Published: 6/19/2024

Rep. Mary Morrissey, a Republican serving her 13th term in the Vermont Legislature, apologized for inconspicuously pouring water into a Democratic colleague’s bag over the course of five months, behavior she described as “most unbecoming” of her position. For months, Rep. Jim Carroll said he could not figure out how the bag he brought to the statehouse ended up soaked until Morrissey was caught on camera a few weeks ago pouring water out of a clear cup into his tote.

Washington – Caught in a Crossfire. Franklin Investigation Reveals Employee Toll of Political Fights

Yahoo News – Cory McCoy (Tri-City Herald) | Published: 6/14/2024

In recent years, Franklin County in Washington has seen an exodus of employees, many of them citing toxicity and bullying by elected officials as their reason for quitting. New recordings of investigative interviews with employees offer a previously unseen look into how the constant infighting has impacted the ability to do their jobs. The interviews are part of a criminal investigation into allegations against several Franklin County elected leaders suspected of official misconduct, witness tampering, criminal conspiracy and making false statements to law enforcement officials.

June 20, 2024 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance Illinois: “Ethics Committee Chair Pushes Call for Public Financing for City Council Elections into City Hall Spotlight” by Heather Cherone for WTTW National: “Democrats Announce a $10 Million Push for State Legislatures” by Maggie Astor (New York Times) for DNyuz Texas: “Texas Ethics […]

Monday’s LobbyComply News Roundup

News You Can Use Digest – July 12, 2024

Sacramento Passes Ordinance Amending Lobbyist Requirements

Tuesday’s LobbyComply News Roundup

News You Can Use Digest – July 5, 2024

Wednesday’s LobbyComply News Roundup

Monday’s LobbyComply News Roundup

News You Can Use Digest – June 28, 2024

Wednesday’s LobbyComply News Roundup

Ask The Expert – What is the “Bubble Rule” and Does it Apply to Me?

Tuesday’s LobbyComply News Roundup

Ontario Lobbying Target Lists Have Changed

News You Can Use Digest – June 21, 2024

Thursday’s LobbyComply News Roundup

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