National/Federal

Nikki Haley Slams Foreign Lobbyists While Accepting Funds from Them

ABC News – Soo Rin Kim | Published: 5/31/2023

Despite calling for a ban on foreign lobbying, in which Americans lobby lawmakers and the public for foreign interests, Republican presidential hopeful Nikki Haley has raised tens of thousands of dollars in donations from foreign lobbyists, disclosure reports show. Haley has recently been campaigning on her opposition to foreign lobbying, saying that embassies, and not private consultants or lobbyist agents, should represent foreign interests in the U.S.

Trump Workers Moved Mar-a-Lago Boxes a Day Before FBI Came for Documents

MSN – Devlin Barrett, Josh Dawsey, Spencer Hsu, and Perry Stein (Washington Post) | Published: 5/25/2023

Two of Donald Trump’s employees moved boxes of papers the day before a visit by FBI agents and a prosecutor to the former president’s Florida home to retrieve classified documents in response to a subpoena, timing that investigators have come to view as suspicious and an indication of possible obstruction. Trump and his aides also allegedly carried out a “dress rehearsal” for moving sensitive papers even before his office received the May 2022 subpoena. Prosecutors in addition have gathered evidence indicating Trump kept classified documents in his office in a place where they were visible and sometimes showed them to others.

DEA’s Failure to Punish Distributor Blamed in Opioid Crisis Raises Revolving Door Questions

MSN – Jim Mustian and Joshua Goodman (Associated Press) | Published: 5/30/2023

The U.S. Drug Enforcement Administration (DEA) has allowed one of the nation’s largest wholesale drug distributors, Morris & Dickson Co., to keep shipping addictive painkillers for nearly four years after a judge recommended it be stripped of its license for its “cavalier disregard” of thousands of suspicious orders fueling the opioid crisis. A consultant the company hired to stave off punishment is now DEA Administrator Anne Milgram’s top deputy. The delay raised concerns about how the “revolving door” between government and industry may be impacting the DEA’s mission to police drug companies.

Recent Attacks Put Staffers on Edge as Authorities Look for Answers

MSN – Justin Papp (Roll Call) | Published: 5/31/2023

There has been a string of highly publicized attacks on Capitol Hill aides that have left staff on edge and are raising questions about security, especially away from Washington. Protecting members and staff away from Washington is no small task with 535 members of Congress, many with multiple district offices that are often positioned strategically to encourage foot traffic.

Prosecutors Have Recording of Trump Discussing Sensitive Iran Document

MSN – Devlin Barrett, Josh Dawsey, and Carol Leonnig (Washington Post) | Published: 5/31/2023

Special counsel Jack Smith has obtained a 2021 recording in which Donald Trump appears to brag about having a classified document related to Iran, suggesting the former president understood both the legal and security concerns around his possession of such restricted information. The audio features Trump describing a document he claims is about possibly attacking Iran, expressing a desire to share that information with others but also making some kind of acknowledgment he should not do so.

Ron DeSantis Administration Officials Solicit Campaign Cash from Lobbyists

NBC News – Matt Dixon and Jonathan Allen | Published: 5/25/2023

Officials who work for Gov. Ron DeSantis’s administration – not his campaign – have been sending text messages to Florida lobbyists soliciting political contributions for DeSantis’s presidential bid, a breach of traditional norms that has raised ethical and legal questions and left many here in the state capital shocked. Text messages from four officials, including those directly in the governor’s office and with leadership positions in state agencies. They requested the recipient of the message contribute to the governor’s campaign through a specific link that appeared to track who is giving as part of a “bundle” program.

Talk of Racism Proves Thorny for G.O.P. Candidates of Color

Yahoo News – Jonathan Weisman and Trip Gabriel (New York Times) | Published: 6/1/2023

In bolstering their own biographies with stories of overcoming discrimination, Republican candidates of color running for the president have put forth views about race that at times appear at odds with their view of the country – often denying the existence of a system of racism in America while describing situations that sound just like it. The clashing views of the role race plays in America are a major theme of the 2024 election, underpinning cultural battles over “wokeness.” Behind the debate over structural racism is a secondary debate over the meaning of the stories that politicians tell about themselves.

Missteps and Miscalculations: Inside Fox’s legal and business debacle

Yahoo News – Jim Rutenberg, Michael Schmidt, and Jeremy Peters (New York Times) | Published: 5/28/2023

A series of missteps and miscalculations plagued Fox Corporation’s response to Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News, according to a review of court and business records and interviews. The case resulted in the largest known settlement in a defamation suit, $787.5 million; two shareholder lawsuits; and the benching of Fox’s top prime-time star, Tucker Carlson. For all of that, Fox still faces a lawsuit seeking even more in damages filed by Smartmatic, another subject of the stolen-election theory, which can now build on the evidence produced in the Dominion case to press its own considerable claims.

Feinstein, Back in the Senate, Relies Heavily on Staff to Function

Yahoo News – Annie Karni (New York Times) | Published: 5/29/2023

As Dianne Feinstein’s reclaims her seat in the U.S. Senate, she is surrounded by a retinue of staff members who serve not only the roles of typical congressional aides – advising on policy, keeping tabs on the schedule, drafting statements and speeches – but also as de facto companions to a senator whose age, frail health, and memory issues make it difficult for her to function alone. Their roles have come under more scrutiny as a number of Democrats and many of Feinstein’s constituents are increasingly concerned about her refusal to relinquish a post that she is not capable of fulfilling without heavy and constant reliance on her aides.

Aide Fired by George Santos Says He Got His Job After Sending Money to Republican’s Deputy

Yahoo News – Jake Offenhartz (Associated Press) | Published: 6/1/2023

A man who briefly worked as an aide to U.S. Rep. George Santos says he got his job after sending a series of payments to one of the Republican’s top deputies. Derek Myers told staff of the House’s ethics subcommittee during an interview that while he was trying to get a job in Santoss congressional office in late January, he sent at least seven $150 payments to Santos’ director of operations, Vish Burra. Myers said he began sending the money unsolicited because he believed Burra was not getting paid by the House at the time and could not afford food. But he said he also hoped the payments might help him secure a job.

From the States and Municipalities

California – Charity Set Up to Support Mayor’s Office Withholds Records, Collected Funds from Companies with Business Before the City

MSN – Jeff McDonald (San Diego Union-Tribune) | Published: 5/30/2023

The nonprofit For All of Us collects tens of thousands of dollars from donors to support causes embraced by San Diego Mayor Todd Gloria. Only limited fundraising and spending records for the group are routinely disclosed. Instead, the money, board leadership, mission statement, and other information about For All of Us are mostly held confidentially. The San Diego Union-Tribune discovered the entity during a routine review of disclosures of behested payments at the recommendation of an elected official. Such contributions are only required to be disclosed by the mayor and other elected officials when donor contributions exceed $5,000 per year.

California – DWP Executive Placed on Leave Amid Questions About Outside Bitcoin Business

MSN – Dakota Smith (Los Angeles Times) | Published: 5/26/2023

A top executive at the Los Angeles Department of Water and Power (DWP) was placed on administrative leave while the utility looks into his involvement in the bitcoin mining industry and whether he complied with ethics rules that require employees to obtain permission for outside work. John Chen was placed on leave after The Los Angeles Times asked the DWP about Chen’s ventures, according to a source at the utility.

California – Court Upholds California’s Anti-Pay-to-Play Law Barring Votes Benefiting Campaign Contributors

SiliconValley.com – Jason Henry (San Gabriel Valley Tribune) | Published: 5/26/2023

A Sacramento County Superior Court judge rejected a lawsuit challenging the constitutionality of a law prohibiting elected officials from voting on matters involving the people and companies who contribute to their campaigns. Judge Richard Sueyoshi determined the law, which went into effect in January, does not violate either the state or federal constitutions. Senate Bill 1439 requires public office holders to recuse themselves from votes and discussions involving anyone who has contributed more than $250 to their campaigns.

Connecticut – Former Connecticut Lawmaker Gets 27 Months in Prison for Stealing Coronavirus Aid

Associated Press News – Dave Collins | Published: 5/31/2023

Former Connecticut Rep. Michael DiMassa was sentenced to 27 months in prison for stealing more than $1.2 million from the city of West Haven, most of it in federal coronavirus-related aid, and using a portion of it to fuel his gambling addiction. At the time of the thefts, he was both a state representative and an aide to the West Haven City Council, with authority to approve reimbursements for coronavirus-related expenses. DiMassa admitted he and others billed West Haven for legal, lobbying, and consulting services that were never provided.

Connecticut – Connecticut Senate Passes Bill Prohibiting Utilities from Charging Ratepayers for Political Activities

Energy and Policy Institute – David Pomerantz | Published: 5/29/2023

The Connecticut Senate passed legislation that would prohibit investor-owned utilities from charging customers for lobbying, trade association dues, public relations expenses, and efforts to argue for rate increases. If the House passes the bill, Connecticut would join Colorado as the second state this year to pass legislation addressing utilities’ ability to fund their political machines from customers’ rates.

Florida – Ethics Commission Is Investigating Miami Mayor Francis Suarez’s Work for a Developer

MSN – Joey Flechas and Sarah Blaskey (Miami Herald) | Published: 5/25/2023

The Miami-Dade Commission on Ethics and Public Trust has opened an investigation into Miami Mayor Francis Suarez’s work for developer Rishi Kapoor, following a Miami Herald report that Kapoor’s corporate documents show he sought the mayor’s help to resolve issues involving critical permits for a $70 million project. The ethics commission review is being done in coordination with the Miami-Dade State Attorney’s office. Internal meeting notes document that Kapoor met with Suarez and the city manager to “discuss the permitting problems” last summer. Internal financial statements show Kapoor paid Suarez at least $170,000 since 2021.

Florida – North Miami Beach Mayor Arrested on Charges Related to ‘Voting Irregularities’

MSN – Raisa Habersham (Miami Herald) | Published: 5/31/2023

North Miami Beach Mayor Anthony DeFillipo was arrested and charged with three counts of voter fraud. The charges allege DeFillipo voted three times in 2022 using an address that was no longer where lived.  A complaint alleged DeFillipo lived in the town of Davie in Broward County, in violation of the North Miami Beach city charter, which requires elected officials to reside in the city. Miami-Dade State Attorney Katherine Fernandez Rundle said her office used cell phone data to track DeFillipo’s driving from Davie to North Miami Beach, where he cast ballots to vote in three elections in August, October, and November.

Florida – Florida Elections Officials Quietly Made It Easier for Ron DeSantis to Fund His 2024 Bid

NBC News – Matt Dixon | Published: 5/30/2023

Florida officials changed state campaign finance guidelines in a way that could allow allies of Gov. Ron DeSantis to move tens of millions of dollars to a super PAC supporting his 2024 presidential campaign, records show. For years, elections officials said such a transfer to federal super PACs would not be allowed. But in March, just months before DeSantis formally launched his bid for president, officials at the Florida Department of State, which regulates state elections, changed its handbook to assert that such moves are allowed.

Illinois – Legislature Approves Bill to Tighten Restrictions on Red-Light Camera Industry

Yahoo News – Andrew Adams (Capitol News Illinois) | Published: 5/27/2023

Illinois lawmakers unanimously approved a bill that would place new restrictions on the red-light and speed camera industry’s involvement in state and local elections and government. House Bill 3903 would ban automatic traffic enforcement companies or their officers from donating to candidates at the state and local level. It would also prevent state and local government officials from accepting jobs or contracts with those companies while in office or for two years after leaving office.

Massachusetts – Massachusetts Has Passed Just 10 Laws This Year, the Fewest to Open a Legislative Session in Decades. It’s a Sign of the Times.

MSN – Matt Stout (Boston Globe) | Published: 5/29/2023

Five months into the year, Massachusetts lawmakers have touted passing “historic funding” and holding a budget debate that has never been “smoother.” They can also lay claim to something else, a Boston Globe review found: perhaps the least productive start to a legislative session in at least 40 years. The slow start is likely historic, and, current and former Beacon Hill officials say, reflective of a Democratic-controlled body where power is overly concentrated at the top and where leaders increasingly rely on omnibus legislation to move important policy.

Michigan – As Chatfield Probe Continues, Nessel Urges Reforms to Dark Money in Politics

Detroit News – Beth LeBlanc | Published: 5/31/2023

Michigan Attorney General Dana Nessel is urging the state Legislature to take action soon on ethics reforms, including the tightening of reporting requirements for nonprofits, as she continues investigations into lawmakers’ use of “dark money” accounts in politics. Nessel expects to have some resolution on four major public integrity cases, including two involving nonprofit organizations tied to former House Speaker Lee Chatfield and ex-Senate Majority Leader Mike Shirkey, by the end of the year.

Nevada – Source: NLV officials met with authorities about state senator’s finances

Las Vegas Journal-Review – Briana Erickson | Published: 5/23/2023

North Las Vegas city officials met with law enforcement to discuss concerns that state Sen. Dina Neal may have used campaign funds to pay off a $20,000 lien on her home. The meeting with law enforcement took place after the Las Vegas Review-Journal requested public records from the city. The records revealed years of emails from Neal, some of which ask staff to forgive first-time Homebuyer Assistance Program loans. In at least two of those emails, Neal did not reveal she had that type of loan.

New Hampshire – Ethics Flap Over Airfare Offer to N.H. Lawmaker Referred for Criminal Review

MSN – Steven Porter (Washington Post) | Published: 5/31/2023

New Hampshire House Speaker Sherman Packard asked the state’s top law enforcement officials to look into whether an ethics flap over an alleged offer of airfare entailed any illegal activity. Packard suggested in a letter to the Department of Justice that Robin Vogt, the lawmaker at the center of the controversy, might have committed a felony even if he rebuffed an outside offer to cover his travel expenses ahead of a high-stakes vote. That is because the law requires public officials to tell law enforcement if someone offers them a bribe, he wrote.

New York – ‘Lobbying Loophole’ Bill Stuck in Assembly in Final Week of Legislative Session

Albany Times Union – Joshua Solomon | Published: 5/31/2023

An attempt to close a loophole in the state’s lobbying laws, which allowed for undocumented outside influence over the chief judge nomination of Justice Hector LaSalle to occur, has stalled in the final week of the legislative session. The bill would require similar rules for lobbying for a judicial candidate or other state appointee as those governing the efforts to influence the enactment of laws and regulations. Many judicial nominations, including for the Court of Appeals, require approval from the state Senate but not the Assembly.

New York – Despite Hochul’s Vow, Her Policies Have Indirectly Aided Husband’s Firm

DNyuz – Jay Root (New York Times) | Published: 5/28/2023

New York Gov. Kathy Hochul’s recusal policy that forbids her from using her office to help Delaware North has not stopped the governor from taking actions that could benefit the company or hurt its competitors, especially near Buffalo, Hochul’s hometown. Delaware North – which owns or manages 11 gambling venues and numerous hotels, and handles concessions at scores of stadiums, airports, and parks – employs the governor’s husband, William Hochul, as its senior vice president. In three recent cases involving matters relating to gambling or concessions, the state took actions that aligned with the interests of her husband’s company.

North Carolina – NC’s Election Ended. Then Gambling Money Showed Up in Campaign Reports, Complaint Says

Charlotte Observer – Avi Bajpai (Raleigh News and Observer) | Published: 5/30/2023

Donors across the video gambling industry gave North Carolina lawmakers nearly $900,000 between 2019 and 2022, according to a new complaint that alleges some of the contributions may have violated campaign finance laws. The complaint notes many of those donors are members of the North Carolina Coin Operators Association. By not registering as a PAC, the donors avoided having to disclose their fundraising activity, and skirted limits on when and how much money a PAC can give, alleges the complaint.

Ohio – As Borges Delay Is Denied, Former FirstEnergy Execs Say ‘No Doubt’ the Feds Are After Them

Ohio Capital Journal – Marty Schladen | Published: 5/26/2023

Judges denied two delays in recent days that would have been key to a bribery and money laundering scandal that took place in Ohio between 2017 to 2020. Denial of a delay in one court case means a player will still be sentenced in June.  In denying the other, the judge in that case agreed with two former FirstEnergy executives who said federal law enforcement has them in its crosshairs. But she ordered that they be questioned under oath anyway.

Ohio – Ex-Cincinnati Councilman Jeff Pastor Agrees to Plead Guilty in Public Corruption Case

WCPO – Taylor Weiter and Paula Christian | Published: 5/30/2023

Former Cincinnati City Councilperson Jeff Pastor agreed to plead guilty to honor services wire fraud in his public corruption case. In addition to wire fraud, a federal grand jury charged Pastor with bribery, attempted extortion, money laundering, and conspiracy. He was accused of taking $55,000 in bribes and a luxury weekend trip to Miami on a private plane in exchange for votes on two development deals.

Pennsylvania – Philly’s Ethics Board Usually Flies Under the Radar. That Changed with Its Lawsuit Against a Super PAC Backing Jeff Brown

MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 5/27/2023

The 2023 Democratic primary for mayor of Philadelphia was just the second open mayor’s race since the advent of super PACs, independent committees that can raise money in amounts that exceed the city’s contribution limits so long as they do not coordinate with candidates. The board ended up spending much of its time dealing with one super PAC, For a Better Philadelphia, which raised about $3 million to boost Jeff Brown in the mayor’s race. The board’s investigation into the group exposed to scrutiny the choices of the agency that plays a role in every election but is often invisible to voters.

Pennsylvania – A DuBois Official Was Arrested on Corruption Charges. Then Nearly $100K in Cash Arrived at City Hall.

Spotlight PA – Angela Couloumbis and Min Xian | Published: 5/30/2023

In May, DuBois’ solicitor showed up at City Hall with $93,920 in cash tucked inside a cardboard box and packaged in a gift bag. Toni Cherry pulled Interim City Manager Chris Nasuti and Police Chief Blaine Clark out of a meeting. According to Nasuti, she handed the gift bag to the two men and told them the cash belonged to the city. She advised them to deposit the money and did not explain why or how it came into her possession. Nasuti and Clark put the cash into a new bank account and alerted the state attorney general’s office. The bag full of cash is now at the center of another storm in a community already reeling from a corruption scandal.

Texas – Texas Republicans Pass Voting Bills Targeting Large Democratic County

MSN – Patrick Marley (Washington Post) | Published: 5/28/2023

Texas Republicans wound down their regular legislative session by changing election policies for a single populous Democratic stronghold but not in other parts of the state. The measure gives the secretary of state under certain conditions the power to run elections in Harris County, home to Houston and 4.8 million residents. It follows a bill approved days earlier that shifts the oversight of elections from its appointed elections administrator to the county clerk and county assessor. Harris County officials said they would bring a lawsuit challenging the measures as soon as Gov. Greg Abbott signs them into law.

Texas – Texas AG Ken Paxton Impeached, Suspended from Duties; Will Face Senate

Texas Tribune – Zach Despart and James Barragán | Published: 5/27/2023

The Texas House voted overwhelmingly to impeach state Attorney General Ken Paxton, suspending him from office over allegations of misconduct that included bribery and abuse of office. The vote revealed substantial divisions within the Texas GOP. Although the party has won every statewide election for a quarter-century and has controlled both houses of the Legislature since 2003, it has deep underlying fissures. The Senate will conduct a trial with senators acting as jurors and designated House members presenting their case as impeachment managers.

Campaign Finance

California: “Court Upholds California’s Anti-Pay-to-Play Law Barring Votes Benefiting Campaign Contributors” by Jason Henry (San Gabriel Valley Tribune) for SiliconValley.com

Florida: “Florida Elections Officials Quietly Made It Easier for Ron DeSantis to Fund His 2024 Bid” by Matt Dixon for NBC News

Michigan: “As Chatfield Probe Continues, Nessel Urges Reforms to Dark Money in Politics” by Beth LeBlanc for Detroit News

North Carolina: “NC’s Election Ended. Then Gambling Money Showed Up in Campaign Reports, Complaint Says” by Avi Bajpai (Raleigh News and Observer) for Charlotte Observer

Ethics

California: “DWP Executive Placed on Leave Amid Questions About Outside Bitcoin Business” by Dakota Smith (Los Angeles Times) for MSN

Connecticut: “Former Connecticut Lawmaker Gets 27 Months in Prison for Stealing Coronavirus Aid” by Dave Collins for Associated Press News

National: “DEA’s Failure to Punish Distributor Blamed in Opioid Crisis Raises Revolving Door Questions” by Jim Mustian and Joshua Goodman (Associated Press) for MSN

Legislative Issues

National: “Recent Attacks Put Staffers on Edge as Authorities Look for Answers” by Justin Papp (Roll Call) for MSN

Lobbying

New York: “‘Lobbying Loophole’ Bill Stuck in Assembly in Final Week of Legislative Session” by Joshua Solomon for Albany Times Union

The 93rd session of the Minnesota Legislature adjourned sine die on May 22.

Lawmakers passed House File 3, a bill restricting political activities by foreign influenced corporations, and requiring corporations making political contributions to file certifications.

The bill requires any corporation making a contribution to a ballot question or an independent expenditure to submit a certification to the Campaign Finance and Public Disclosure Board that it was not a foreign-influenced corporation as of the date the contribution or expenditure was made.

The bill also broadens the definition of expressly advocating to include certain types of political communications, even if they do not use words or phrases of express advocacy, such as “vote for” or “vote against.”

Expressly advocating is used to identify certain types of independent expenditures that require disclosure and reporting to the Campaign Finance and Public Disclosure Board.

The bill becomes effective January 1, 2024.

Elections Texas: “Texas Republicans Pass Voting Bills Targeting Large Democratic County” by Patrick Marley (Washington Post) for MSN Ethics California: “Charity Set Up to Support Mayor’s Office Withholds Records, Collected Funds from Companies with Business Before the City” by Jeff McDonald (San Diego Union-Tribune) for MSN National: “Missteps and Miscalculations: Inside Fox’s Legal and Business Debacle” by Jim Rutenberg, Michael Schmidt, and Jeremy Peters (New York Times) for Yahoo News Ohio: “As Borges Delay Is Denied, Former FirstEnergy Execs Say ‘No Doubt’ the Feds Are After Them” by Marty Schladen for Ohio Capital Journal Pennsylvania: “A DuBois Official Was Arrested on Corruption Charges. Then Nearly $100K in Cash Arrived at City Hall.” by Angela Couloumbis and Min Xian for Spotlight PA Legislative Issues National: “Feinstein, Back in the Senate, Relies Heavily on Staff to Function” by Annie Karni (New York Times) for Yahoo News Massachusetts: “Massachusetts Has Passed Just 10 Laws This Year, the Fewest to Open a Legislative Session in Decades. It’s a Sign of the Times.” by Matt Stout (Boston Globe) for MSN Lobbying Connecticut: “Connecticut Senate Passes Bill Prohibiting Utilities from Charging Ratepayers for Political Activities” by David Pomerantz for Energy and Policy Institute

National/Federal

Chief Justice John Roberts Defends Supreme Court’s ‘Highest Standards of Conduct,’ Offers No New Rules

ABC News – Devin Dwyer | Published: 5/24/2023

Chief Justice John Roberts defended the integrity of the Supreme Court in the face of slumping public approval and growing political pressure after a recent barrage of misconduct allegations. It was the first time Roberts directly addressed growing concern about how the justices handle potential conflicts-of-interest with their personal lives, a topic that has gotten renewed attention amid a series of alleged ethical infringements by Justice Clarence Thomas.

Rioter Pictured with Foot on Desk in Speaker’s Offices Gets 4½ Years

MSN – Tom Jackman (Washington Post) | Published: 5/24/2023

The U.S. Capitol rioter who was photographed with his foot propped on a desk in then-House Speaker Nancy Pelosi’s offices and then tried to make money with the image was sentenced to four-and-one-half years in prison. The photograph of Richard Barnett in Pelosi’s suite of offices in 2021 became one of the defining images of the insurrection. Barnett carried a walking stick with a 950,000-volt stun device into the Capitol along with a 10-pound metal flagpole and menaced police with them, prosecutors said, but he did not assault any officers.

Stewart Rhodes, Oath Keepers Leader, Sentenced to 18 Years in Jan. 6 Case

MSN – Alan Feuer (New York Times) | Published: 5/25/2023

Stewart Rhodes, the leader of the far-right Oath Keepers militia, was sentenced to 18 years in prison for his conviction on seditious conspiracy charges for the role he played in helping to mobilize the pro-Trump attack on the U. S. Capitol. The sentence was the most severe penalty so far in any of the more than 1,000 criminal cases stemming from the insurrection and the first to be increased for fitting the legal definition of terrorism. It was also the first to have been given to any of the 10 members of the Oath Keepers and another far-right group, the Proud Boys, who were convicted of sedition.

Tim Scott Begins Presidential Campaign, Adding to List of Trump Challengers

MSN – Jonathan Weisman and Maya King (New York Times) | Published: 5/22/2023

Tim Scott, the first Black Republican elected to the U.S. Senate from the South since Reconstruction, announced his campaign for president, bringing an aspirational message to a growing field of Republicans running as alternatives to Donald Trump. Scott enters the primary field having amassed $22 million in fundraising and having attracted veteran political operatives to work on his behalf. But his message of hope and inclusion may not resonate among base Republican voters steeped in Trump’s demands for vengeance, and the field of Republicans is about to grow far more crowded.

Crow Sidesteps Panel’s Questions About Gifts to Clarence Thomas

MSN – Michael Macagnone (Roll Call) | Published: 5/23/2023

A billionaire Republican donor brushed off questions from the Senate Judiciary Committee about his relationship with Justice Clarence Thomas, in a letter that argues the panel did not have the authority to investigate the lavish gifts he provided to the member of the U.S. Supreme Court. An attorney for Harlan Crow told the committee Crow did not have to answer questions about reports Thomas did not disclose that Crow had provided luxury vacations for the justice, bought property from him and paid for a relative’s private education.

Ron DeSantis’s 2024 Kickoff on Twitter Is Plagued by Technical Issues

MSN – Hannah Knowles and Faiz Siddiqui (Washington Post) | Published: 5/24/2023

Ron DeSantis and his allies worked to build momentum ahead of a long-expected presidential campaign launch, rolling out endorsements, sleek videos, and the image of an alligator lurking just beneath the water on his campaign website. But the novel Twitter Spaces announcement with Elon Musk that the Florida governor’s team had hyped as the culmination of his big day was plagued by glitches. The live chat came to a halt after roughly 20 minutes of mostly silence; by the time it restarted and DeSantis began his remarks, hundreds of thousands of listeners had peeled off. It was an awkward start to a campaign that had already hit numerous roadblocks.

House Votes to Refer Santos Matter to Ethics Panel

MSN – Lindsay McPherson (Roll Call) | Published: 5/17/2023

The House voted to refer a resolution from Democrats that would expel U.S. Rep. George Santos to the Committee on Ethics. Speaker Kevin McCarthy defended the move as providing Santos with “due process.” Santos was indicted on 13 federal criminal charges, including wire fraud, money laundering, theft of public funds, and making false statements to the House. Expelling Santos would put a dent in the GOP’s narrow four-seat majority until a special election can be held. Another Republican victory there would not be guaranteed.

School Librarians Face a New Penalty in the Banned-Book Wars: Prison

MSN – Hannah Natanson (Washington Post) | Published: 5/18/2023

Librarians could face years of imprisonment and tens of thousands in fines for providing sexually explicit, obscene, or “harmful” books to children under new state laws that permit criminal prosecution of school and library personnel. At least seven states have passed such laws in the last two years. Another dozen states considered more than 20 similar bills this year. Some educators and activists say the laws will forge a climate of fear among school librarians, spurring the censorship of books by and about LGBTQ individuals even as the nation already faces a historic onslaught of challenges to books in those categories.

Sen. Feinstein’s Health Complications from Shingles More Severe Than Disclosed

MSN – Liz Goodwin and Carolyn Johnson (Washington Post) | Published: 5/18/2023

Sen. Dianne Feinstein returned to Washington after having suffered more severe health complications from her shingles diagnosis than were previously disclosed. Feinstein’s shingles triggered encephalitis, which is inflammation of the brain, as well as Ramsay Hunt syndrome, which causes facial paralysis. She returned to the Senate after facing pressure to resign from a few members of Congress and California progressive groups, who complained her months-long absence was slowing judicial confirmations and imperiling the Democratic agenda.

Meet the Influential New Player on Transgender Health Bills

Yahoo News – Jeff McMillan and Kimberlee Kruesi (Associated Press) | Published: 5/20/2023

Do No Harm, a nonprofit that launched last year to oppose diversity initiatives in medicine, has evolved into a significant leader in statehouses seeking to ban gender-affirming care for transgender youths, producing model legislation that has been used in at least three states. Do No Harm organized as a charitable organization whose tax-exempt status would be endangered by substantial lobbying. In March, after the group had already made significant inroads in Legislatures with its model bill, lobbyists, and hearing witnesses, it incorporated Do No Harm Action as a separate nonprofit with a tax status that allows for more lobbying,

From the States and Municipalities

Arizona – Groups Settle Arizona Lawsuit Over Voter Intimidation at Ballot Boxes

MSN – Daniel Gilbert (Washington Post) | Published: 5/21/2023

An Arizona group that monitored ballot drop boxes for signs of fraud during the midterm elections settled a lawsuit and agreed to “publicly condemn intimidation of any kind in connection with the exercise of the right to vote,” according to the League of Women Voters of Arizona, which had filed the suit. The drop boxes, intended to provide a secure, convenient place to submit ballots, have become a symbol of mistrust in elections among many supporters of Donald Trump.

Arizona – Judge Dismisses Kari Lake’s Final Claim in Election Loss for Arizona Governor

Yahoo News – Associated Press | Published: 5/21/2023

A judge dismissed the only remaining legal claim in Kari Lake’s challenge of her loss in last year’s race for Arizona governor, affirming the election of Katie Hobbs. Superior Court Judge Peter Thompson said Lake failed to prove her claim that Maricopa County did not verify signatures on mail ballots as required by law. Lake faced a high bar in proving not only her allegation over signature verification efforts but also that it affected the outcome of her race.

California – 49ers’ Former Lobbyist Emerges as Key Witness in Anthony Becker Perjury Case

MSN – Lance Williams and Ron Kroichick (San Francisco Chronicle) | Published: 5/19/2023

The former chief lobbyist for the San Francisco 49ers testified Santa Clara City Councilperson Anthony Becker illegally leaked a confidential report criticizing the team’s political influence. Rahul Chandhok told a grand jury that Becker gave him a confidential copy of a watchdog agency’s report accusing the 49ers of having undue influence over government in Santa Clara, home of publicly owned Levi’s Stadium. Becker is charged with one felony count of perjury and one misdemeanor count of failing to perform his official duty.

Connecticut – Consultant on New London Pier Project Fined for Ethics Violations – Again

WSHU – Brian Scott-Smith | Published: 5/19/2023

The Connecticut Office of State Ethics fined Seabury Maritime $10,000 for violating the state’s lobbying law. It lobbied from 2017 to 2019 to gain contracts and other business from the Connecticut Port Authority, a quasi-public agency. Seabury spent over $3,000 in lobbying each year, which triggered a requirement for them to register their activity, which they failed to do. The company also did not complete any financial disclosures as required.

Florida – Developer Paid Miami’s Mayor $170K to Push His Project, Company Records State

MSN – Joey Flechas, Jay Weaver, and Sarah Blaskey (Miami Herald) | Published: 5/23/2023

Internal company records provide details, for the first time, of Miami Mayor Francis Suarez’s private work for the development firm Location Ventures while he held public office. The company paid Suarez at least $170,000 over the past two years to help secure permits for a stalled real estate project, raising legal and ethical questions about the relationship between his role as mayor and his job as a developer’s consultant.

Florida – DeSantis Signs Bill That Makes His Presidential Run Easier

MSN – Gary Fineout (Politico) | Published: 5/24/2023

Florida Gov. Ron DeSantis removed a threat to his campaign for president by signing into law a measure that makes it clear he does not have to resign his current position as governor. The change to Florida’s resign-to-run law was part of a larger overall elections bill that has drawn the scorn of Democrats and voting rights groups who have labeled it “voter suppression.” Two lawsuits were immediately filed in federal court challenging the law.

Florida – Florida Senator Sued by His Family Business for ‘Embezzling’ Money

Yahoo News – Lawrence Mower (Tampa Bay Times) | Published: 5/22/2023

State Sen. Nick DiCeglie is being sued by his cousins and his family trash collection business for allegedly spending tens of thousands of the company’s dollars on political expenses, travel, and a personal loan. In two lawsuits, DiCeglie is accused of “embezzling” money while he was president of Solar Sanitation. DiCeglie has agreed to pay back some of the money, including $120,000 in loans from the company. But he said the political spending was to further the company’s business, which relies on contracts with local governments in Pinellas County.

Georgia – Book Removals May Have Violated Student Civil Rights, Education Dept. Says

MSN – Hannah Natanson and Dan Rosenzweig-Ziff (Washington Post) | Published: 5/22/2023

In a move that could affect how schools handle book challenges, the federal government has concluded a Georgia school district’s removal of titles with Black and LGBTQ characters may have created a “hostile environment” for students, potentially violating their civil rights. The Education Department’s Office for Civil Rights investigated Forsyth County Schools’ 2022 decision to pull nearly a dozen books from shelves after parents complained of titles’ sexual and LGBTQ content. To resolve the investigation, the district agreed to offer “supportive measures” to students affected by the book removals and to administer a school climate survey.

Illinois – Aurora Mayor Richard Irvin’s Girlfriend, Ex-Business Partners and City Employee’s Husband Awarded Thousands in Taxpayer-Funded Grants

WTTW – Nick Blumberg | Published: 5/18/2023

The Aurora City Council has awarded dozens of taxpayer-funded business grants to local businesses in recent months. The owners of two of the companies are in personal relationships with top city officials. A majority of recent donations to Mayor Richard Irvin’s campaign fund are from people doing business with or getting incentives from the city, The council approved a $10,000 grant to Laura’s Furniture, owned by Laura Ayala-Clarke. Sources have described her as Irvin’s girlfriend.

Illinois – Under Pressure on Ethics, Illinois Lawmakers Consider Tightened Rules on Red-Light Camera Industry

Yahoo News – Dan Petrella (Chicago Tribune) | Published: 5/24/2023

Facing pressure to bolster state ethics laws following the recent bribery convictions of former Commonwealth Edison executives and lobbyists, Illinois lawmakers have turned their attention to another branch of a corruption investigation: the red-light camera industry. A bill approved in the Senate seeks to place new guardrails around an industry that has been at the center of multiple federal probes that have ensnared a host of state, county, and local officials, including two state senators.

Kansas – Kansas Ethics Commission to Evaluate Factors Influencing Waiver of Campaign Finance Penalties

KPVI – Tim Carpenter | Published: 5/25/2023

At a recent meeting, the Kansas Governmental Ethics Commission voted to waive fines against the Geary County Republican Central Committee’s treasurer along with penalties against the treasurer of the defunct Prairie Roots PAC and a lobbyist with Kansans for Life. Others appealing campaign finance penalties had their fines upheld. The hit-or-miss voting on appeals led to discussion of how commission members placed their fingers on the scale to either enforce or waive penalties.

Kentucky – Agency Fines Alison Grimes $10,000 for Handling of Voter Data as KY Secretary of State

Yahoo News – John Cheves (Lexington Herald-Leader) | Published: 5/19/2023

Alison Lundergan Grimes must pay $10,000 in fines for improperly ordering the downloading and distribution of voter registration data from her office while she was Kentucky’s secretary of state. The Lexington Herald-Leader and ProPublica published a series of stories on her improper use of the Voter Registration System. They also showed how Grimes pushed through a no-bid contract with a company owned by a campaign donor.

Louisiana – New Orleans Mayor LaToya Cantrell’s Office Sought to Avoid Public Disclosure Rules for Anti-Recall Mailer

NOLA.com – John Stanton | Published: 5/23/2023

New Orleans Mayor LaToya Cantrell’s administration circumvented city public bidding rules to hire a public relations firm with apparent ties to one of her top advisors to defend her record as mayor in the waning days of a failed recall effort. Documents turned over to the city council under a subpoena, provide the clearest picture yet into the development of a potentially illegal taxpayer-funded mailer sent to likely voters in the week before the recall petition deadline, and the lengths to which top Cantrell officials went to obscure their work on it.

Maryland – Treasurer for Baltimore County Campaign Committees Pleads Guilty to Stealing Funds

Maryland Daily Record – Madeline O’Neill | Published: 5/25/2023

William McCollum, the treasurer for a powerful Baltimore County political slate, pleaded guilty Thursday to theft and perjury charges, admitting to stealing campaign funds from the group and from a former county councilperson’s finance committee. The charges alleged McCollum embezzled nearly $100,000 from the Friends of Cathy Bevins fund for his personal benefit. Prosecutors said McCollum used campaign money to travel with a romantic partner while in Puerto Rico and for flights to Palm Beach, Florida, and Iceland. He did not disclose those expenditures on campaign finance reports.

Massachusetts – Calls for Arroyo to Step Down from Boston City Council after Rollins Investigation

WBUR – Walter Wuthmann | Published: 5/19/2023

At least one Boston city councilor and a conservative advocacy group are calling for Councilor Ricardo Arroyo to resign following the release of two federal investigations tying him to alleged election meddling by former U.S. Attorney Rachael Rollins. The reports found Rollins attempted to influence the race for Suffolk County district attorney in 2022 by leaking negative information about interim District Attorney Kevin Hayden to help Arroyo, her preferred successor to the office. The Department of Justice report contains 299 mentions of Arroyo and includes portions of 380 private texts and encrypted chats between him and Rollins over two months.

Mississippi – Chris McDaniel’s Reports Deny Accurate Public Accounting of Campaign Money

Mississippi Today – Geoff Pender | Published: 5/18/2023

After six campaign finance filings – including amended, termination-amended, and even one the-computer-temporarily-ate-it reports – it is still unclear exactly how much money longtime Mississippi Sen. Chris McDaniel has raised or now has for his lieutenant governor campaign. McDaniel’s reports for his campaign and a PAC he created last year have been confusing and confounding, at times leaving voters in the dark on the sources of hundreds of thousands of dollars and continuing to contain double-reported donations and amounts and dates that do not add up.

Nebraska – A Year After Scandal, Nebraska Legislature Revises Its Workplace Harassment Policy

Omaha World-Herald – Erin Bamer | Published: 5/17/2023

Over a year after a scandal rocked the Nebraska Legislature, lawmakers adopted a handful of changes to its workplace harassment policy, although some say there is still more work to be done. The changes were developed after the revelation that ex-Sen. Mike Groene took photos of a former female staff member without her knowledge. Soon after, Groene resigned from the Legislature, and a later investigation found his conduct was “boorish, brainless and bizarre,” although not unlawful.

New York – Trump Makes Video Appearance in New York Criminal Case, Trial Date Tentatively Set for Late March

Associated Press News – Michael Sisak | Published: 5/23/2023

Donald Trump threw up his hands in frustration as a judge scheduled his criminal trial for March 25, putting the former president and current candidate in a Manhattan courtroom in the heat of next year’s presidential primary season. Trump has pleaded not guilty to 34 felony counts of falsifying business records at his family company, the Trump Organization. Trump often discusses the cases at his rallies and in other speeches and has repeatedly attacked prosecutors and judges by name. At the hearing, the judge reviewed an order barring Trump from publicly disseminating certain evidence turned over by prosecutors.

New York – Supreme Court Tosses Convictions of Cor Development Executives Steve Aiello and Joe Gerardi

MSN – Tim Knauss (Syracuse Post-Standard) | Published: 5/22/2023

The U.S. Supreme Court overturned the convictions of business executives Steven Aiello and Joseph Gerardi, who were accused of bid-rigging and other crimes related to state development projects. The ruling was expected due to the court’s rulings in two related cases. Alain Kaloyeros, a former economic development official in the administration of Gov. Andrew Cuomo, also had his conviction formally set aside. Aiello and Gerardi, executives at Cor Development Co., were convicted of conspiring with Kaloyeros, the former president of SUNY Polytechnic Institute.

New York – Yonkers Mayor Mike Spano’s Brothers Run Lobbying Firm with Biz Before City

MSN – Carl Campanile (New York Post) | Published: 5/22/2023

Two brothers of Yonkers Mayor Mike Spano run a lobbying firm with clients that have had business before the city during the mayor’s tenure, including with the agency that doles out tax breaks and is chaired by him, records show. Empire Strategic Planning (ESP) was founded by Nick Spano, a former state senator. John Spano is on ESP’s executive team. Mayor Spano and his siblings-led firm said it lobbies on these clients’ behalf in Albany, not Yonkers City Hall.

New York – Lobbyists Fundraise for Adams 2021 Campaign

NY1 – Courtney Gross | Published: 5/23/2023

Documents show lobbyists raised money for Eric Adams in his 2021 race to be New York City mayor, fundraising that has not been reported previously. Adams’ campaign never reported any of these lobbyists as bundlers or intermediaries with the city’s campaign finance board. By law, campaigns must report who collects donations for their campaigns.

North Dakota – Lame-Duck North Dakota Lawmakers Roamed to Faraway Conferences on the Taxpayers’ Dime

Bismarck Tribune – Jeremy Turley (Forum News Service) | Published: 5/23/2023

Since 2014, the North Dakota Legislature has spent more than $45,000 to send a dozen retiring and defeated lawmakers to out-of-state conferences. Some of the departing lawmakers served on interstate policy boards and were expected to show up to faraway meetings, but others went to conferences that could have been attended by any of their colleagues who planned to remain in the Legislature. Sen. Ray Holmberg, Holmberg, who attended more out-of-state trips than any of his peers since 2013, also signed off on his own travel during the time he served as chairperson of Legislative Management, an interim panel of top lawmakers.

Oregon – Before Oregon Elections Officials Slashed Democratic Party’s Fine, State Lawyer Blasted Party’s ‘Lackluster’ Efforts to Find True Source of $500K Donation

Portland Oregonian – Hillary Borrud | Published: 5/23/2023

Two weeks before Oregon elections officials greatly reduced a fine against the state Democratic Party for falsely reporting the source of its largest ever campaign donation, Assistant Attorney General Kevin Gleim criticized the party, calling its efforts to correctly identify the donor “lackluster.” Gleim also said the Elections Division had no authority to reduce a resulting $35,000 fine on the party, which was determined solely on the size of the contribution donation and the number of days the party was tardy in reporting the donor.

Pennsylvania – Allegheny County Council Approves Campaign Finance Regulations

WESA – Julia Zenkevich | Published: 5/24/2023

The Allegheny County Council passed a bill that would impose FEC contribution guidelines on candidates for county offices. Those guidelines are adjusted for inflation every two years, but individual contributions are currently capped at $3,300, while PACs can give $5,000 per election cycle. County Executive Rich Fitzgerald has said he would likely veto the bill. He said campaign finance limits should come from the state Legislature.

Texas – Texas Pushes Church into State with Bills on School Chaplains, Ten Commandments

MSN – Michelle Boorstein (Washington Post) | Published: 5/23/2023

Texas lawmakers were scheduled to vote on whether to require the Ten Commandments be posted in every classroom in the state, part of a newly energized national effort to insert religion into public life. Supporters believe the U.S. Supreme Court’s ruling in favor of a high school football coach who prayed with players essentially removed any guardrails between religion and government. The legislation is one of about a half-dozen religion bills approved this session by the state Senate.

Texas – Investigators Detail Years of Alleged Misconduct by Texas AG Ken Paxton in Stunning House Committee Hearing

MSN – Zach Despart and James Barragán (Texas Tribune) | Published: 5/24/2023

A Texas House committee heard testimony that state Attorney General Ken Paxton may have violated multiple state laws and ethics rules during a hearing that summarized its months-long investigation. The testimony came a day after Paxton called for Speaker Dade Phelan to resign, accusing him of being “intoxicated” while presiding over the House recently. One area of the inquiry focused on a proposed $3.3 million agreement to settle a whistleblower lawsuit filed by four high-ranking deputies who were fired after accusing Paxton of accepting bribes and other misconduct.

Virginia – In N. Virginia, Endorsement Primaries Point to Increasingly Politicized School Boards

MSN – Karina Elwood (Washington Post) | Published: 5/21/2023

As Harold Sims Jr. knocked on doors for his school board campaign, many of the Northern Virginia residents on the other side did not know there was an election in May. Sims was not campaigning for the general election or primary that most voters are familiar with. He was door knocking, along with fundraising and debating other candidates to win the local Democratic Party’s endorsement. School board races in Virginia, like most of the country, are nonpartisan. But for years, local political parties around the state have endorsed school board candidates to signal to voters which candidates match their political ideology.

Virginia – A Republican Lawmaker Delivered Doughnuts to Teachers. Then Came a Political Food Fight

Virginia Mercury – Graham Moomaw | Published: 5/23/2023

Virginia Del. Amanda Batten bought almost 1,000 doughnuts to give to public school teachers in her Williamsburg-area district. The doughnut deliveries to 19 schools were accepted. But in a sign of the intensity of Virginia’s political debates over K-12 public schools, some in the system saw an ulterior motive in the gifts. A photo showed a doughnut-box label with a line in smaller print: “Paid for and Authorized by Friends of Amanda Batten.” That phrase signals an activity was funded by money from a political campaign. The pushback was so strong school officials told Batten similar doughnut drop offs would be declined due to their “political nature.”

Virginia – Though Critiques Persist, Many Agree Virginia’s New Political Maps Are ‘Quite Balanced’

Virginia Mercury – Graham Moomaw | Published: 5/17/2023

As Virginia enters a high-stakes General Assembly election year, the first playing out on electoral maps drawn by outside experts rather than incumbent legislators, many lawmakers, advocates, and experts agree it looks like a fair fight, with neither party getting an undue advantage based on political geography alone. Despite fears that the new redistricting process could lead to backsliding in minority representation, a look at the field of candidates running this year indicates the Legislature elected on the new maps will be more diverse, not less.

West Virginia – Democrats Sue W.Va. Gov. Justice Over Refusal to Disclose Work Schedule

MSN – John Wagner (Washington Post) | Published: 5/23/2023

Democrats sued West Virginia Gov. Jim Justice, who is running for a U.S. Senate seat, for refusing to release his work schedule as governor in response to public records request seeking to show a continued pattern of absenteeism. The move by the Democratic Senatorial Campaign Committee follows months of back and forth with Justice’s office over whether disclosure of the records is required under West Virginia law. Such requests are a typical part of opposition research conducted by campaigns and political parties.

Campaign Finance Mississippi: “Chris McDaniel’s Reports Deny Accurate Public Accounting of Campaign Money” by Geoff Pender for Mississippi Today Elections National: “Tim Scott Begins Presidential Campaign, Adding to List of Trump Challengers” by Jonathan Weisman and Maya King (New York Times) for MSN Virginia: “In N. Virginia, Endorsement Primaries Point to Increasingly Politicized School Boards” by Karina Elwood (Washington Post) for MSN Ethics Georgia: “Book Removals May Have Violated Student Civil Rights, Education Dept. Says” by Hannah Natanson and Dan Rosenzweig-Ziff (Washington Post) for MSN Massachusetts: “Calls for Arroyo to Step Down from Boston City Council after Rollins Investigation” by Walter Wuthmann for WBUR Lobbying California: “49ers’ Former Lobbyist Emerges as Key Witness in Anthony Becker Perjury Case” by Lance Williams and Ron Kroichick (San Francisco Chronicle) for MSN National: “Meet the Influential New Player on Transgender Health Bills” by Jeff McMillan and Kimberlee Kruesi (Associated Press) for Yahoo News New York: “Yonkers Mayor Mike Spano’s Brothers Run Lobbying Firm with Biz Before City” by Carl Campanile (New York Post) for MSN

Elections Kentucky: “Agency Fines Alison Grimes $10,000 for Handling of Voter Data as KY Secretary of State” by John Cheves (Lexington Herald-Leader) for Yahoo News Ethics National: “House Votes to Refer Santos Matter to Ethics Panel” by Lindsay McPherson (Roll Call) for MSN Florida: “Lawsuit Against Developer Reveals Undisclosed Side Job for Miami Mayor Francis Suarez” by Joey Flechas and Jay Weaver (Miami Herald) for MSN Illinois: “Aurora Mayor Richard Irvin’s Girlfriend, Ex-Business Partners and City Employee’s Husband Awarded Thousands in Taxpayer-Funded Grants” by Nick Blumberg for WTTW National: “School Librarians Face a New Penalty in the Banned-Book Wars: Prison” by Hannah Natanson (Washington Post) for MSN Legislative Issues National: “Sen. Feinstein’s Health Complications from Shingles More Severe Than Disclosed” by Liz Goodwin and Carolyn Johnson (Washington Post) for MSN Nebraska: “A Year After Scandal, Nebraska Legislature Revises Its Workplace Harassment Policy” by Erin Bamer for Omaha World-Herald Lobbying Connecticut: “Consultant on New London Pier Project Fined for Ethics Violations – Again” by Brian Scott-Smith for WSHU

National/Federal

Durham Finds Fault with F.B.I. Over Russia Inquiry

DNyuz – Charlie Savage, Glenn Thrush, Adam Goldman, and Katie Benner (New York Times) | Published: 5/15/2023

John Durham, the Trump-era special counsel who has pursued a politically fraught investigation into the Russia inquiry, accused the FBI of having “discounted or willfully ignored material information” that countered the narrative of collusion between Donald Trump and Russia. Durham’s final report revealed little substantial new information about the inquiry, known as Crossfire Hurricane, and it failed to produce the kinds of revelations accusing the bureau of politically motivated misconduct that Trump and his allies suggested Durham would uncover.

Former Hawaii Executives Plead Guilty to Sending Illegal Donations to US Sen. Susan Collins

Honolulu Civil Beat – Nick Grube | Published: 5/15/2023

Clifford Chen and Lawrence Lum Kee. two former executives of a Hawaii-based defense contractor, recently pleaded guilty to taking part in a scheme to funnel tens of thousands of dollars in illegal campaign contributions to U.S. Sen. Susan Collins during her 2020 bid for reelection. Chen and Lum Kee used company funds to donate large sums of money to Collins’ reelection, including through a shell company meant to mask their identity when sending $150,000 to a pro-Collins super PAC. They also recruited family members to donate thousands of dollars directly to Collins’ campaign.

How Kyrsten Sinema Uses Campaign Cash for Her Marathon Habit

MSN – Sam Brodey (Daily Beast) | Published: 5/14/2023

When U.S. Sen. Kyrsten Sinema, an avid marathoner and triathlete, ran the Boston Marathon last year, it was a proud moment she wanted to publicize. “It’s been a long road to get here,: Sinema tweeted, along with photos of her running and celebrating the finish. Far less publicized, however, was another aspect to Sinema’s long-awaited journey to Boston: she appears to have turned it into a fundraising junket, allowing her campaign to cover the thousands of dollars in expenses she would have incurred herself by traveling to the race.

Supreme Court to Review House Oversight Lawsuit from 2017

MSN – Michael Macagnone and Ryan Tarinelli (Roll Call) | Published: 5/15/2023

The Supreme Court will decide whether lawmakers can turn to the courts when the federal government denies them documents, as members of an oversight committee did when they sought information about the former Trump International Hotel in Washington. The case centers on a law that gives any seven members of what was then called the House Oversight and Government Reform Committee the right to request information from the federal government, which is separate from the typical authority of the panel’s majority to do so. A decision could reshape the ability of the minority party in Congress to oversee the federal government.

CNN Leadership Under Fire After ‘Disastrous’ Trump Town Hall

MSN – Paul Farhi and Jeremy Barr (Washington Post) | Published: 5/11/2023

CNN’s prime-time broadcast of a raucous town hall with Donald Trump propelled a tsunami of criticism from inside and outside the network and renewed questions about how the news media will handle the challenge of covering the serial falsehoods of the Republican Party’s leading candidate going into the 2024 election. The main impact may be the damage done to the reputation of the network. It also raised questions about the future prospects of chief executive Chris Licht, who is charged with striking a more neutral tone at a cable channel that exploded with impassioned commentary during the Trump years.

George Santos Confesses to Theft in Brazil to Avoid Prosecution

MSN – Terrence McCoy, Marina Dias, and Isaac Stanley-Becker (Washington Post) | Published: 5/11/2023

Rep. George Santos signed a deal with Brazilian prosecutors in which he confessed to theft and agreed to pay restitution and fines if prosecutors agree to drop the criminal case against him, bringing a likely resolution in a case that has tailed the embattled politician for more than a decade.  Santos was given 30 days to pay around $2,000 in fines and $2,800 to the victim. The deal means Santos will not have to fight criminal prosecution in two countries.

Did Jan. 6 Defendants Act ‘Corruptly’? An Appeals Court Weighs the Question.

MSN – Tom Jackman and Rachel Weiner (Washington Post) | Published: 5/11/2023

When analyzing the prosecutions of rioters at the U.S. Capitol, some defense lawyers have zeroed in on a key word in the law used to charge many defendants: “corruptly.” The law requires proof that the defendants acted corruptly in obstructing the electoral vote certification. But the exact definition of what it means to be corrupt was at question as judges for an appeals court weighing whether a law used to secure felony convictions against more than 100 participants in the attack is being appropriately applied.

How to Raise $89 Million in Small Donations – and Make It Disappear

Seattle Times – David Fahrenthold and Tiff Fehr (New York Times) | Published: 5/16/2023

A group of five linked nonprofits have exploited thousands of donors in ways that have been hidden until now by a blizzard of filings, lax oversight, and a blind spot in the campaign finance system. Since 2014, the groups have pulled in $89 million from small-dollar donors who were pitched on building political support for police officers, veterans, and firefighters. But just one percent of the money they raised was used to help candidates via donations, ads, or targeted get-out-the-vote messages, according to an analysis by The New York Times.

From the States and Municipalities

Canada – Ford Government Defeats Attempt to Get Tough on Gift-Giving After Controversial Party and Wedding

Toronto Star – Bob Fergiuson | Published: 5/11/2023

A bill that would have changed Ontario’s conflict-of-interest rules after developers attended a stag-and-doe party and wedding for one of Premier Doug Ford’s daughters has been blocked. The bill would have amended the Members’ Integrity Act to make it clear members of the legislative assembly should not take gifts that could lead to the appearance of a conflict.

California – Should Nonprofits Have to Register as Lobbyists in Long Beach? Ethics Commission Still Debating

Long Beach Post – Jason Ruiz | Published: 5/12/2023

As the Long Beach Ethics Commission continues to tweak its recommendations to tighten the city’s lobbying laws, nonprofits are arguing they should remain exempt from registering as lobbyists to avoid a chilling effect on their advocacy. The commission met recently to discuss some new changes it is considering to a proposal from earlier this year when they signaled that they may do away with rules that exempted nonprofits from the lobbying ordinance. The proposal now includes “advocacy” as a form of lobbying, but a rule to make groups like business improvement districts and neighborhood associations register has been dropped for now.

California – Developer Fined $4 Million for Bribing Former L.A. Councilmember Jose Huizar

MSN – Michael Finnegan (Los Angeles Times) | Published: 5/12/2023

A Chinese real estate company was fined $4 million for the bribes its owner paid former Los Angeles City Councilperson Jose Huizar as it sought approval to build a downtown skyscraper. U.S. District Court Judge John Walter, who has presided over a series of City Hall graft cases, bemoaned “the crushing weight of corruption” as he imposed the sentence on Shen Zhen New World I. At the company’s criminal trial, witnesses detailed more than $1 million in bribes paid to Huizar, much of it through all-expense-paid trips to Las Vegas.

California – Oakland Ethics Commission Reckons with ‘Devastating’ Budget Proposal

Oaklandside – Eli Wolfe | Published: 5/11/2023

The Oakland Public Ethics Commission has laid out in stark terms how the proposed city budget will affect its operations. Commission staff said the budget would remove funding for the Democracy Dollars program, which aims to level the city’s campaign finance landscape by giving vouchers to voters to support candidates. With only a modest budget increase, the commission also will not be able to hire additional staff for its overburdened enforcement program. Due to a prolonged staffing shortage, the enforcement chief said he must put half the city’s existing ethics cases on hold indefinitely.

Connecticut – Sullivan Sentenced to 6 Months in Prison for Lavish 2015 Kentucky Derby, Golf Trips

Yahoo News – Claire Bessette (New London Day) | Published: 5/17/2023

James Sullivan, a former chairperson of the Connecticut Municipal Electric Energy Cooperative, was sentenced to six months in prison for using the utilities’ money to pay for lavish trips in 2015 to the Kentucky Derby and a West Virginia golf resort. The jury convicted Sullivan, former cooperative executive Drew Rankin, and former Norwich Public Utilities General Manager John Bilda on theft from a program receiving federal funds for the trips.

Florida – Miami Mayor Suarez’s Big VIP Weekend Was Worth $30K. And He Still Won’t Say Who Paid

MSN – Sarah Blaskey (Miami Herald) | Published: 5/17/2023

For the second year in a row, Mayor Francis Suarez made the rounds to lavish parties during the recent Formula One race in Miami, where hosts tied to local lobbying efforts waived cover charges for elected officials. If Suarez paid the cover for each event he and his wife attended, their Grand Prix weekend would have cost well over $30,000. Suarez would not say who paid for his weekend, nor did he file a quarterly report disclosing sponsors behind a similar tour of the party circuit he made last year, as is legally required when an elected official receives complimentary admissions or free tickets from anyone outside of their immediate family.

Georgia – Republican Tapped to Lead Fulton Elections Board Withdraws Under Pressure

MSN – Amy Gardner, Matthew Brown, and Michael Scherer (Washington Post) | Published: 5/17/2023

An Atlanta Republican withdrew his nomination to lead the elections board of Georgia’s most populous county after voting-rights activists and national Democrats, including the state’s two U.S. senators, lobbied to block the appointment. Lee Morris’s appointment would have given Republicans a majority on the Board of Registrations and Elections in a county that forms the core of metropolitan Atlanta and is governed by a majority-Democrat commission.

Illinois – Exelon Is Paying the Legal Tab for Two Former Executives Convicted in ComEd Bribery Scheme

WBEZ – Doug McKinney | Published: 5/15/2023

Exelon has been paying the legal fees for two now-convicted former Commonwealth Edison (ComEd) executives who were part of a conspiracy to bribe former Illinois House Speaker Michael Madigan. ComEd spokesperson Shannon Breymaier noted a section of Exelon’s bylaws that specifies current and former directors and officers of the company and its affiliates qualify to have their legal costs covered in criminal cases so long as the charged were acting in “good faith” and did not believe they were engaging in criminal behavior.

Kansas – What’s in the Bag? Kansas Lobbying Expenditure

KSNT – Colter Robinson | Published: 5/17/2023

Last year, 165 “gift bags” were given to Kansas lawmakers. In Kansas, expenses related to lobbying must be reported. In 2022, a total of $287,252.76 in spending was reported. Of the total amount, only $75,209.63 was itemized. The annual lobbyist expenditure report must include the costs for items such as food and beverages, gifts, and entertainment. The purpose of the items must be documented.

Kentucky – Trump-Backed Daniel Cameron to Face Democratic Kentucky Gov. Andy Beshear in November

Associated Press News – Bruce Schreiner | Published: 5/17/2023

Daniel Cameron won the Republican primary for Kentucky governor, becoming the first major-party Black nominee for governor in the state’s history and setting up a November showdown with Democratic incumbent Andy Beshear. Cameron, the state’s attorney general, claimed a convincing victory over a 12-candidate field. Beshear easily dispatched two challengers in his own primary. The race now shifts to the general election, which will be one of November’s most closely watched contests and could provide clues heading into next year’s presidential election.

Louisiana – LNG Lobbyists Ghost Wrote Louisiana Officials’ Letters Supporting Gas Storage Project

Louisiana Illuminator – Sara Sneath | Published: 5/17/2023

In an effort to gain federal approval for a natural gas storage project, Sempra LNG lobbyists crafted letters for Louisiana elected officials to send to federal regulators in support of the project. Last fall, the Federal Energy Regulatory Commission greenlit the Hackenberry gas storage project, which involves converting underground domes constructed in the 1970s to mine for salt into storage space for natural gas. Sempra LNG has been trying to build the project in Cameron Parish since 2006.

Massachusetts – Dana Pullman Sentenced to Prison in State Police Union Kickback Case

MassLive – Tréa Lavery | Published: 5/11/2023

Dana Pullman, the former president of the State Police Association of Massachusetts (SPAM), was sentenced to 30 months in prison for his role in a kickback scheme during his time heading the union. Anne Lynch, a lobbyist who worked with him in the scheme, will serve 24 months in prison. Lynch’s lobbying firm represented SPAM in exchange for monthly retainer payments. Prosecutors say that for six years, the two used Pullman’s position to defraud members of the union, the state, and vendors seeking to do business with the state police.

Massachusetts – Federal Watchdogs Issue Scathing Reports on U.S. Attorney for Massachusetts

Politico – Lisa Kashinsky, Josh Gerstein, and Kyle Cheney | Published: 5/17/2023

Massachusetts’ top federal prosecutor leaked sensitive Department of Justice information to a reporter as part of an effort to help an ally in a political campaign and then lied about it to investigators, a watchdog found. The finding was the most damaging in a pair of reports issued by DOJ Inspector General Michael Horowitz and another federal watchdog agency against U.S. Attorney Rachael Rollins, who announced she would resign her position.

Massachusetts – SJC Upholds AG’s Ruling Striking Ballot Question

The Eagle-Tribune – Christian Wade | Published: 5/16/2023

The Massachusetts Supreme Judicial Court upheld a decision by then-state Attorney General Maura Healey to reject a ballot question calling for limits on campaign spending by PACs. The justices said the case is “moot” because the proponents of the referendum did not follow the state’s timelines for gathering the required number of signatures from voters to qualify for the ballot. As such, the justices said they are showing “judicial restraint” by not resolving the matter.

Michigan – Michigan Democrats’ Early Campaign Finance Bills Bolster Union Influence

Detroit News – Craig Mauger | Published: 5/16/2023

A committee in the Democrat-controlled Michigan House advanced bills that would help labor unions, which frequently support Democratic lawmakers’ campaigns, raise money for political contributions. Democrats won control of both the state House and Senate for the first time in 40 years in November. The new proposals would remove a ban on government bodies administering payroll deductions for political committees and would broadly allow automatic deductions to be set up for giving to labor union committees.

Michigan – 2nd Lobbyist Pleads Guilty in Medical Marijuana Corruption Scheme

MSN – Arpan Lobo (Detroit Free Press) | Published: 5/12/2023

Federal prosecutors secured the fourth guilty plea in a bribery scheme involving Michigan’s former medical cannabis licensing board. Brian Pierce said he conspired to give $42,000 and other benefits to former House Speaker Rick Johnson to help clients with license applications before the board was disbanded in 2019.

New Hampshire – Bill to Boost Political Finance Transparency Heads to Sununu’s Desk

New Hampshire Bulletin – Ethan DeWitt | Published: 5/15/2023

A bill to increase campaign finance transparency in New Hampshire is headed to Gov. Chris Sununu’s desk. House Bill 195 would expand which groups would count as political advocacy organizations, a designation that requires them to register with the secretary of state’s office and report receipts and expenditures. Currently, the label applies only to organizations that spend $5,000 toward advocacy for or against a candidate or party in an election cycle. The bill would lower that threshold to $2,500 or more.

New York – ‘Lobbying Loophole’ Bill After LaSalle Fight Advances Through Senate

Albany Times Union – Joshua Solomon | Published: 5/16/2023

State Senate Democrats advanced legislation to close a “lobbying loophole” on judicial nominations and other state offices that followed undisclosed efforts earlier this year to influence votes on the selection of New York’s chief judge. The bill was introduced after an Albany Times Union story highlighted the lack of public reporting requirements for outside groups seeking to buttress or oppose a judicial nomination.

New York – U.S. Supreme Court Tosses Convictions of Percoco, Kaloyeros, Developers

Albany Times Union – Robert Gavin | Published: 5/11/2023

The U.S. Supreme Court threw out two fraud convictions during New York Gov. Andrew Cuomo’s administration, dealing prosecutors the latest in a series of setbacks in their efforts to pursue federal charges of public corruption in state government. The court unanimously overturned the bid-rigging convictions of SUNY Polytechnic Institute founder Alain Kaloyeros and three businesspeople while also reversing the fraud-related conviction of Joseph Percoco, the once powerful top aide to Cuomo.

New York – Head of NYC Campaign Finance Board Resigns Six Months After Taking Job

Gothamist – Brigid Bergin | Published: 5/16/2023

The head of the New York City Campaign Finance Board (CFB) is stepping down from her post just six months after taking the job. Beth Rotman became the agency’s third executive director when she took the position in October. She cited personal reasons for departing her new role so soon. The former executive director, Amy LoPrest, will serve as the interim director of the program until the CFB completes its search for a new executive director.

New York – Eric Adams’ Transition Fined Nearly $20K by Campaign Finance Board

The City – Katie Honan | Published: 5/15/2023

The Campaign Finance Board hit New York City Mayor Eric Adams’ transition team with nearly $20,000 in penalties for violations related to the weeks in between 2021’s election and his January 2022 inauguration. The board voted to approve $19,600 in fines for three violations, finding the account for Adams transition and inauguration committee accepted prohibited donations, failed to respond or responded late to requests for information or documentation, and failed to properly wind down “transition and inauguration expense” activities.

Ohio – Ohio Lawmakers Vote to Set Aug. 8 Election for Controversial 60% Constitutional Amendment Proposal

MSN – Andrew Tobias and Jake Zuckerman (Cleveland Plain Dealer) | Published: 5/10/2023

Ohio lawmakers passed a resolution asking voters to raise the threshold for approving constitutional amendments. The vote caps off nearly six months of legislative wrangling largely meant to hobble an abortion rights amendment. Lawmakers are entering questionable legal territory, however, as they set the vote in August through the resolution itself. Legislation approved last December places strict limits on such special elections, and a measure aimed at loosening those restrictions faltered in the House.

Oklahoma – Ethics Commission Settles Conservative Alliance PAC Lawsuit, Kannady Mum

NonDoc – Michael McNutt | Published: 5/17/2023

The Oklahoma Ethics Commission settled a lawsuit against a PAC that spent more than $150,000 in multiple Republican legislative races in 2018 as part of an electoral effort participated in by a top GOP House leader to defeat several hardline members of his own caucus. The Conservative Alliance PAC and its treasurer, Chris Marston, admitted targeting specific candidates and failed to follow the disclosure requirements in Oklahoma law. The PAC and Marston will pay $45,000 to the state.

Oregon – Oregon Lawmakers May Consider Boosting Elected Officials’ Pay, Passing Ethics Reforms in Wake of Shemia Fagan’s Resignation

MSN – Grant Stringer (Portland Oregonian) | Published: 5/10/2023

Oregon lawmakers are mulling whether to boost pay for statewide officeholders and pass ethics reforms following the resignation of former Secretary of State Shemia Fagan, who stepped down after it was reported she had taken a $10,000 a month side job with a cannabis company. Fagan said she took the lucrative side job in part because she struggled to pay her bills as secretary of state. The post pays $77,000 per year.

Oregon – State Election Officials Fine Democratic Party of Oregon for Cryptocurrency Donation Flap

Oregon Public Broadcasting – Lauren Dake | Published: 5/12/2023

State election officials issued a $15,000 fine for the Oregon Democratic Party Democratic Party after the party changed the name of the donor of a hefty campaign check. The state also plans to monitor the party’s financial disclosures to ensure campaign finance laws are being followed in the future. The secretary of state’s office initially proposed a fine of $35,000after a three-month investigation but lowered the amount.

Pennsylvania – Cherelle Parker Wins Crowded Democratic Philadelphia Mayoral Primary; Dems Keep Pennsylvania House Majority

CBS News – Caroline Linton | Published: 5/17/2023

Philadelphia Democrats selected Cherelle Parker to be their party’s mayoral nominee. Parker will be favored to win the general election in November when she takes on Republican David Oh. The mayor’s race was the most expensive in the city’s history, with two candidates – Derek Green and Maria Quiñones Sánchez – dropping out because the price of the race was too high. In addition, Democrats narrowly maintained their majority in the Pennsylvania House, thanks to a win in a closely watched special election.

South Carolina – Supreme Court to Consider South Carolina Plan That ‘Exiled’ Black Voters

MSN – Robert Barnes (Washington Post) | Published: 5/15/2023

The U.S. Supreme Court will consider South Carolina’s attempt to reinstate a congressional redistricting plan that a lower court found had “exiled” 30,000 Black voters to create a district winnable for a White Republican candidate. The three-judge panel in January said the plan by the GOP-led Legislature split Black neighborhoods in the Charleston area to create a “stark racial gerrymander.” The judges found that South Carolina’s mapmaker tried to keep the African American population below a certain target in the district, treating Charleston County “in a fundamentally different way than the rest of the state.”

Tennessee – Former State Sen. Brian Kelsey Won’t Be Allowed to Change Guilty Plea; July Sentencing Set

MSN – Melissa Brown (Nashville Tennessean) | Published: 5/16/2023

Philadelphia Democrats selected Cherelle Parker to be their party’s mayoral nominee. Parker will be favored Former Tennessee Sen. Brian Kelsey will not be allowed to withdraw his guilty plea in a federal campaign finance case. Kelsey sought to take his case to trial after what he called a flawed plea deal in November 2022, when he pleaded guilty to charges stemming from his failed 2016 congressional campaign. U.S. Chief District Court Judge Waverly Crenshaw, Jr. criticized Kelsey’s legal argument that he did not fully understand the implications of a criminal felony plea, given his career as a constitutional lawyer and a state lawmaker.

Texas – A TxDOT Commissioner Resigned in 2018. He Continued Drawing Pay for Five Years.

Yahoo News – Tony Plohetski (Austin American-Statesman) | Published: 5/11/2023

In February 2018, Texas Department of Transportation (TxDOT) Commissioner Victor Vandergriff resigned from his governor-appointed position. Instead of stopping his payments, the state continued to cut him 62 monthly paychecks totaling nearly $92,000, plus benefits over the next five years. The state took steps to stop the payments after reporters asked why Vandergriff was still getting paid. Vandergriff’s abrupt exit came a month after the Texas Tribune reported Vandergriff had performed work as a private lobbyist during trips to Austin that were paid for by TxDOT.

Virginia – How Redistricting Reform Is Launching the Virginia General Assembly into a New Era

Virginia Mercury – Graham Moomaw | Published: 5/16/2023

The dramatically different electoral maps created after Virginia voters approved a new redistricting process in 2021 have been a clear factor in the ongoing institutional shake-up at the General Assembly, pushing many incumbents out and opening more room for candidates to run in new districts other incumbents cannot fully claim as their own. No matter which party wins control in November, the state Legislature will look very different when it reconvenes. That is fueling both trepidation over the loss of longtime statehouse figures and optimism over the opportunity to build anew.

Washington – Smiley PAC for ‘Political Outsiders’ Actually Pays Campaign Debt

Seattle Times – Jim Brunner | Published: 5/13/2023

A few months after her unsuccessful bid to unseat U.S. Sen. Patty Murray, Republican challenger Tiffany Smiley announced the launch of a new PAC to boost “political outsiders” across the country. Making the rounds of sympathetic conservative TV and radio shows, Smiley promoted Endeavor PAC and appealed for money.  What Smiley did not mention during her media tour is that donations solicited by her PAC are earmarked first to retire a six-figure debt lingering from her Senate campaign.

Washington – Before Rule Change, AG Bob Ferguson Moves $1.2M ‘Surplus’ to Campaign

Seattle Times – Jim Brunner | Published: 5/11/2023

Washington Attorney General Bob Ferguson shifted more than $1.2 million in surplus campaign money to his 2024 gubernatorial bid, getting ahead of a ruling placing new limits on such transfers. The Public Disclosure Commission voted to close the loophole that allowed such transfers without counting them toward individual contribution limits, agreeing with critics that the loophole violated the spirit of Washington’s campaign finance laws. The new guidance says candidates transferring surplus money should attribute the cash to specific donors.

Campaign Finance

New Hampshire: “Bill to Boost Political Finance Transparency Heads to Sununu’s Desk” by Ethan DeWitt for New Hampshire Bulletin

New York: “Eric Adams’ Transition Fined Nearly $20K by Campaign Finance Board” by Katie Honan for The City

Ethics

California: “Developer Fined $4 Million for Bribing Former L.A. Councilmember Jose Huizar” by Michael Finnegan (Los Angeles Times) for MSN

National: “Durham Finds Fault with F.B.I. Over Russia Inquiry” by Charlie Savage, Glenn Thrush, Adam Goldman, and Katie Benner (New York Times) for DNyuz

Illinois: “Exelon Is Paying the Legal Tab for Two Former Executives Convicted in ComEd Bribery Scheme” by Doug McKinney for WBEZ

Legislative Issues

National: “Supreme Court to Review House Oversight Lawsuit from 2017” by Michael Macagnone and Ryan Tarinelli (Roll Call) for MSN

Virginia: “How Redistricting Reform Is Launching the Virginia General Assembly into a New Era” by Graham Moomaw for Virginia Mercury

Lobbying

New York: “‘Lobbying Loophole’ Bill After LaSalle Fight Advances Through Senate” by Joshua Solomon for Albany Times Union

Campaign Finance Washington: “Before Rule Change, AG Bob Ferguson Moves $1.2M ‘Surplus’ to Campaign” by Jim Brunner for Seattle Times Elections National: “CNN Leadership Under Fire After ‘Disastrous’ Trump Town Hall” by Paul Farhi and Jeremy Barr (Washington Post) for MSN Ohio: “Ohio Lawmakers Vote to Set Aug. 8 Election for Controversial 60% Constitutional Amendment Proposal” by Andrew Tobias and Jake Zuckerman (Cleveland Plain Dealer) for MSN Ethics National: “George Santos Confesses to Theft in Brazil to Avoid Prosecution” by Terrence McCoy, Marina Dias, and Isaac Stanley-Becker (Washington Post) for MSN Massachusetts: “Dana Pullman Sentenced to Prison in State Police Union Kickback Case” by Tréa Lavery for MassLive New York: “U.S. Supreme Court Tosses Convictions of Percoco, Kaloyeros, Developers” by Robert Gavin for Albany Times Union Oregon: “Oregon Lawmakers May Consider Boosting Elected Officials’ Pay, Passing Ethics Reforms in Wake of Shemia Fagan’s Resignation” by Grant Stringer (Portland Oregonian) for MSN Lobbying California: “Should Nonprofits Have to Register as Lobbyists in Long Beach? Ethics Commission Still Debating” by Jason Ruiz for Long Beach Post

Q: Can we pay our lobbyists a bonus or success fee?

A: In most states, no. An overwhelming majority of states have banned payments to lobbyists as a result of, or based on some way upon, the lobbyist’s success in achieving a specific governmental action. Thus, as a practice, it is best to pay your lobbyists a straight salary or simple monthly retainer. However, Louisiana, Missouri, New Hampshire, and Wyoming, as well as the District of Columbia and Puerto Rico, have not enacted contingency fee bans.

An important aspect of contingency fee bans to consider is their effect on staff selling to state governments. Many states require those selling to the state to register as lobbyists in some circumstances. Should registration as a lobbyist be required, they will then be subject to those same contingency fee bans, which can be problematic given most salespeople are paid commissions on successfully completed sales. Thankfully, many states have recognized this reality and have carved out an exception for bona fide commissioned salespeople, either allowing them to avoid the registration requirement or, if they do register, the ban on receiving commissions. Nevertheless, it is important to be aware of the rules regarding lobbyist registration and contingency fees as applied to salespeople so you can plan accordingly.

More information about contingency fees as applied to lobbyists can be found in the Contingency Lobbying section of the Lobbying Compliance Guidebook on the State and Federal Communications website. Information about registration requirements for procurement lobbying and contingency fee information specific to salespeople can be found in the Procurement Lobbying Compliance Guidebook.

National/Federal

Tanked Biden FCC Pick Shows Influence of Dark Money on US Politics

ABC News – Trenton Daniel (Associated Press) | Published: 5/8/2023

When Gigi Sohn was nominated to serve on the Federal Communications Commission, she found herself the target of an aggressive campaign funded by a conservative group that does not have to disclose its donors. The American Accountability Foundation called Sohn too partisan, anti-police, and soft on sex trafficking. The attacks landed to the point that even some Democrats abandoned her and Sohn withdrew her nomination. The battle over the nomination is the latest example of how organizations with political and financial agendas have been able to sway public opinion by deploying donations that are impossible to trace.

George Santos Pleads Not Guilty to Duping Donors, Stealing Campaign Cash to Burnish Wealthy Image

Associated Press News – Jake Offenhartz and Michael Sisak | Published: 5/10/2023

U.S. Rep. George Santos, infamous for fabricating his life story, pleaded not guilty to charges he duped donors, stole from his campaign, and lied to Congress about being a millionaire, all while cheating to collect unemployment benefits that he did not deserve. The thirteen-count indictment was a reckoning for a web of fraud and deceit that prosecutors say overlapped with his fantastical public image as a wealthy businessperson, a fictional biography that began to unravel after he won election last fall.

Jan. 6 Rioter Gets 14 Years for Police Attacks, Longest Sentence Yet in Inquiry

DNyuz – Alan Feurer and Zach Montague (New York Times) | Published: 5/6/2023

A Pennsylvania welder who attacked police officers at the Capitol with a chair and then chemical spray was sentenced to slightly more than 14 years in prison, the most severe penalty handed down so far in connection with the events of January 6, 2021. Peter Schwartz joined a growing list of people charged with assaulting the police on that day who have received stiff sentences.

Proud Boys Enrique Tarrio, 3 Others Guilty of Jan. 6 Seditious Conspiracy

MSN – Spencer Hsu, Rachel Weiner, and Tom Jackman (Washington Post) | Published: 5/4/2023

Former Proud Boys leader Henry “Enrique” Tarrio and three other members of the extremist group were found guilty of seditious conspiracy in the attack on the U.S. Capitol. The result was another victory for the Justice Department in the latest of three seditious conspiracy trials held after what it called a historic act of domestic terrorism to prevent the peaceful transfer of power after the 2020 presidential election.

Senate Panel Asks Crow for Full Accounting of Gifts to Thomas, Other Justices

MSN – Liz Goodwin and Marianne LeVine (Washington Post) | Published: 5/8/2023

The Senate Judiciary Committee asked billionaire Harlan Crow to provide a full accounting of the free travel and other gifts he has made to Supreme Court Judge Clarence Thomas or any other justice, marking an escalation of the committee’s efforts to convince the court to adopt stricter ethical standards for itself. The committee is the second Senate panel to target Crow after ProPublica reported he invited Thomas on expensive vacations, bought his mother’s house, and provided Thomas’s grandnephew with private school tuition, most of which were not disclosed by the justice.

Feinstein Returning to Washington After Health-Related Absence

MSN – Amy Wang and Liz Goodwin (Washington Post) | Published: 5/9/2023

U.S. Sen. Dianne Feinstein will return to U.S. Capitol after a health-related absence that lasted more than two months. Her absence has stalled confirmations of some of President Biden’s judicial nominees, given that only judges with some Republican support can move to the floor without her tiebreaking vote on the committee. Her vote could also be crucial in negotiations over lifting the debt ceiling.

New White House Rules: Reporters can be kicked out if not ‘professional.’

MSN – Paul Farhi (Washington Post) | Published: 5/9/2023

The White House proposed new rules to determine who qualifies for access to its press briefing room on a regular basis and who can be thrown out for behavior officials determine is not “professional.” The rules represent the Biden White House’s attempt to establish a code of conduct to avoid the legal jeopardy the Trump administration ran into when it banished CNN reporter Jim Acosta and journalist Brian Karem from the White House complex. Courts later ruled officials violated the journalists’ due-process rights because they had acted without a set of written standards.

In Some GOP-Dominated Statehouses, Black and Trans Lawmakers Punished

MSN – Patrick Marley and Kimberly Kindy (Washington Post) | Published: 5/9/2023

In more than a dozen red states, Republican lawmakers passed bills to ban transgender health care and restrict access to abortions while ignoring calls for gun control measures. The fierce but futile opposition has often been led by a new generation of liberal lawmakers, some of them Black or transgender, who have represented their constituents by pushing the debate into places that have angered Republicans. GOP lawmakers have said Democrats are welcome to dissent but must follow rules of decorum, including acting civilly and not interrupting floor sessions. In some states, Republicans have voted to punish those lawmakers.

Under the Radar, Right-Wing Push to Tighten Voting Laws Persists

Seattle Times – Nick Corasaniti and Alexandra Berzon (New York Times) | Published: 5/8/2023

The first recent wave of legislation tightening voting laws came in 2021, when Donald. Trump’s false claims of voter fraud spurred Republican lawmakers to act over objections from Democrats. Two years later, a second wave is steadily moving ahead, but largely under the radar. Republican-led Legislatures have continued to pass restrictions on access to the ballot. Behind the efforts is a network of advocacy groups that has formed a new hub of election advocacy within the GOP, rallying state activists, and drafting model legislation.

Clarence Thomas’ Wife Ginni Was Paid Nearly $100,000 for ‘Consulting’ by a Nonprofit That Ended Up Filing an Amicus Brief to the Supreme Court: Report

Yahoo News – Erin Snodgrass and Matthew Loh (Business Insider) | Published: 5/4/2023

Leonard Leo, a conservative judicial activist, helped Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, secure consulting work that yielded her nearly $100,000 while asking that her name was left off financial paperwork, according to The Washington Post. Leo told then-pollster Kellyanne Conway to bill a nonprofit he advised, Judicial Education Project, and give that money to Ginni Thomas in January 2012. That year, Leo’s nonprofit filed an amicus brief to the Supreme Court in a key voting rights case in which a majority that included Thomas ultimately opted to strike down a component of the Voting Rights Act.

New Twitter Rules Expose Election Offices to Spoof Accounts

Yahoo News – Ali Swenson (Associated Press) | Published: 5/6/2023

Impostor accounts on social media are among many concerns that election security experts have heading into next year’s presidential election. Experts have warned that foreign adversaries or others may try to influence the election, either through online disinformation campaigns or by hacking into election infrastructure. Election administrators have struggled to figure out the best way to respond after Twitter owner Elon Musk threw the platform’s verification service into disarray, given that Twitter has been among their most effective tools for communicating with the public.

From the States and Municipalities

Arizona – Tucson Lawmaker Who Hid Bibles Says Ethics Complaint Lacks Merit

Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 5/8/2023

Arizona Rep. Stephanie Stahl Hamilton is asking for the dismissal of an ethics complaint filed against her. Attorneys for Hamilton said her actions to move and hide Bibles in the House lounge was a “peaceful protest regarding the separation of church and state.” The complaint accuses her of theft, saying she was controlling the property of someone else by hiding it, even if only for a short period of time.

California – How Free Trips for California Legislators Lead to Bills

MSN – Jeremia Kimelman and Alexei Koseff (CalMatters) | Published: 5/4/2023

The California Foundation on the Environment and the Economy for the past four decades has been taking legislators and other state officials on free trips to learn about policy issues – trips funded and attended by representatives of companies and interest groups with business before the state. The trips serve as an influential tool for shaping policymaking at the state Capitol, with lawmakers returning from their travels with new perspectives and ideas on energy, the environment, water, transportation, and housing.

California – Former Top City Attorney Gets 9 Months of Home Detention in DWP Corruption Case

MSN – Dakota Smith (Los Angeles Times) | Published: 5/9/2023

A former high-level lawyer in the Los Angeles city attorney’s office was sentenced to nine months of home detention for taking part in an extortion scheme tied to the Department of Water and Power’s (DWP) 2013 billing scandal. Thomas Peters also was ordered to pay a $50,000 fine for his role in the corruption case. The sentence was far more lenient than the 18 months in prison sought by federal prosecutors. Peters admitted he threatened to fire one of the city’s outside lawyers unless that person paid off someone who was threatening to reveal damaging information about city lawyers’ handling of the DWP’s billing mess.

Colorado – Colorado Law Prohibits Utilities from Spending Ratepayer Money on Politics

Energy and Policy Institute – Joe Smyth | Published: 5/8/2023

A new law in Colorado prohibits investor-owned utility companies from using ratepayer money to fund trade associations, promotional advertising, certain kinds of lobbying, and other political influence activities. Currently, investor-owned utilities in Colorado charge ratepayers for most of their payments to trade associations, and only charge shareholders for a relatively small portion of the dues the trade associations determine were used for lobbying.

Florida – How Gov. Ron DeSantis Deploys State Police to Enforce Political Agenda

MSN – Beth Reinhard (Washington Post) | Published: 5/5/2023

The Florida Department of Law Enforcement’s (FDLE) on-the-ground involvement in a plan to fly migrants from San Antonio to Martha’s Vineyard speaks to how Gov. Ron DeSantis has increasingly deployed FDLE outside its traditional portfolio and in support of his own political agenda, according to a Washington Post investigation. Former FDLE officials say the governor is taking a dangerous risk by politicizing a statewide police force with a $300 million budget, almost 2,000 employees, and the broad power to launch criminal investigations and make arrests.

Florida – Andrew Gillum Not Guilty of Lying to FBI, Jury Deadlocks on Other Charges

Yahoo News – Jeff Burlew (Tallahassee Democrat) | Published: 5/4/2023

Jurors found former Tallahassee Mayor Andrew Gillum not guilty of lying to the FBI about a “Hamilton” ticket and other gifts he received from undercover FBI agents in New York. They deadlocked on the most serious charges against Gillum, the 2018 Democratic nominee for governor, and his co-defendant, Sharon Lettman-Hicks, involving the misuse of campaign funds. The jury was unable to reach consensus on one count of conspiracy and 17 counts of wire fraud against both defendants. The judge declared a mistrial on the counts that ended with no verdict reached.

Florida – Miami’s Mayor Attends Pricey Heat Playoff Games and Glam Grand Prix Parties. Who Pays?

Yahoo News – Sarah Blaskey and Camellia Burris (Miami Herald) | Published: 5/5/2023

Last year, Mayor Francis Suarez attended both the Miami Heat playoffs and Formula One events but was cagey about who picked up the tab. While state ethics laws require elected officials to report any gifts over $100, and records show Suarez eventually disclosed his playoff ticket as a five-figure gift, thousands of dollars of F1-related entertainment remain unaccounted for. Mayors are allowed to accept expensive gifts from non-family members so long as those gifts are reported and do not come from prohibited donors like lobbyists or city vendors, according to Caroline Klancke, executive director of the Florida Ethics Institute.

Florida – Accused ‘Ghost’ Candidate in Osceola County Commission Race Arrested

Yahoo News – Natalia Jaramillo (Orlando Sentinel) | Published: 5/8/2023

A former Kissimmee city commissioner accused of being a “ghost” candidate in the 2022 District 4 race for Osceola County Commission is facing 14 criminal charges for campaign finance reporting violations. The Florida Department of Law Enforcement began its investigation after Jackie Espinosa, a candidate in the same race, filed a complaint, accusing Carlos Irizarry of being paid to enter the commission election, which she lost to the incumbent. Irizarry was charged with eight counts of willful certification of false or incomplete campaign treasure’s reports and six counts of deliberate failure to report campaign expenditures.

Georgia – 8 False Trump Electors Have Accepted Immunity Deals, Lawyer Says

MSN – Kyle Cheney (Politico) | Published: 5/4/2023

Eight Republican activists who falsely claimed to be legitimate presidential electors for Donald Trump have accepted immunity deals from Fani Willis, the Atlanta-area district attorney investigating Trump’s bid to subvert the 2020 election. It is the latest indication of Willis’s advancing investigation, which she recently revealed could result in charges, possibly against Trump himself and a slew of high-profile allies as soon as July.

Georgia – Kemp Signs Bill That Allows Ouster of Local Georgia Prosecutors

MSN – John Wagner and Matthew Brown (Washington Post) | Published: 5/5/2023

Georgia Gov. Brian Kemp signed legislation that would create a commission with the power to remove local prosecutors from office, a move Democrats in the state have decried as a power grab that usurps the will of local voters. The bill, which Democrats have vowed to challenge in court, would create an oversight panel that could recall any of the state’s elected district attorneys or solicitors general for several reasons, including “willful misconduct” or “persistent failure to perform his or her duties.”

Georgia – Watchdog Urges FEC to Probe Herschel Walker Campaign Over $535,200 Payment

Yahoo News – Jared Gans (The Hill) | Published: 5/5/2023

Citizens for Ethics and Responsibility in Washington (CREW) urged the FEC to investigate former U.S. Senate candidate Herschel Walker’s campaign over a payment that Walker allegedly solicited for his company last year. CREW said Walker and his company, HR Talent, violated federal election law in accepting $535,200 a donor believed was being directed to Walker’s campaign. Dennis Washington believed all of the $600,000 he transferred following a solicitation from Walker was for campaign funding. But only $64,800 went to Walker’s campaign fundraising committee, while the rest went to HR Talent.

Illinois – Reformer Quinn Joins Discussion Over Illinois Ethics Laws

MSN – John O’Connor (Associated Press) | Published: 5/9/2023

Four political insiders were recently convicted in a wide-ranging bribery case involving Commonwealth Edison’s bribery of the once-powerful speaker of the Illinois House. While a key House Democrat confirmed discussions about a package of ethics reforms were underway, former Gov. Pat Quinn delivered a letter to legislative leaders seeking a special session to adopt more than a half-dozen reforms.

Illinois – A Former Illinois State Senator Convicted in Corruption Scheme Gets a New Job – State Lobbyist

WBEZ – Dan Mihalopoulos | Published: 5/9/2023

Eleven days after completing a prison term for corruption, former Illinois Sen. Thomas Cullerton registered as a state government lobbyist in April. Cullerton pleaded guilty to embezzling funds from a labor union and was sentenced to more than a year in prison. Now, records show Cullerton registered as a lobbyist with Strategia Consulting, a public relations and government affairs firm. On its website, Cullerton is described as the firm’s chief public affairs officer.

Minnesota – Minnesota Passes Sweeping Election Reforms

Courthouse News Service – Andy Monserud | Published: 5/5/2023

Minnesota’s governor signed a number of changes to the state’s election rules into law, including provisions for automatic voting registration and a crackdown on the spread of misinformation intended to stop people from voting. The law is the largest expansion of the state’s electorate since it adopted same-day registration in 1974. Legislation also creates new disclosure requirements for would-be election advertisers and pamphleteers, and bars “foreign influenced” corporations and nonprofits from spending money to influence elections.

Missouri – ‘It Dilutes Their Vote’: Plan to restrict MO ballot measures could face legal trouble

Yahoo News – Jonathan Shorman and Kacen Bayless (Kansas City Star) | Published: 5/8/2023

Republicans in the Missouri General Assembly are intent on approving restrictions that make it more difficult for voters to change the state constitution. But a major first-in-the-nation proposal under consideration could violate the U.S. Constitution, some legal experts and lawmakers say. While the GOP-controlled Legislature has flirted with tightening requirements on the state’s initiative petition process for years, a measure that lawmakers are weighing would give rural residents more power in statewide votes on constitutional amendments.

Montana – One Family Has Spearheaded Montana’s Unflinching Conservatism

Yahoo News – Mike Baker and Jacey Fortin (New York Times) | Published: 5/4/2023

Montana Rep. Keith Regier has emerged as the patriarch of a new family political dynasty that has injected fresh conservative intensity into debates over abortion, diversity training, and transgender rights. Regier chairs the Senate’s powerful judiciary committee, while his daughter, Amy, leads its counterpart in the House. Regier’s son, Matt, is speaker of the House. The trio of legislators, each wielding a similar brand of conservatism, were among the most powerful proponents of a set of bills that took aim at the rights of transgender people.

New York – A Jury Finds Trump Liable for Battery and Defamation in E. Jean Carroll Trial

NPR – Becky Sullivan | Published: 5/9/2023

A jury found Donald Trump liable for battery and defamation in the lawsuit brought by writer E. Jean Carroll, who says he raped her in a Manhattan department store in the mid-1990s. The jurors, who deliberated for barely three hours before reaching their unanimous conclusion, did not find that Trump raped Carroll. But they agreed he “sexually abused” her and he defamed her when he refuted her story. Carroll was awarded $5 million in total damages for both claims.

New York – Top New York City Hall Aide Worked Quietly with State Super PAC

Yahoo News – Joe Anuta (Politico) | Published: 5/10/2023

An independent expenditure committee supporting a suite of moderate state Assembly candidates last year received assistance from a previously unknown source – Ingrid Lewis-Martin, New York City Mayor Eric Adams’ chief advisor. Lewis-Martin made phone calls to solicit support for the Committee for a Fair New York and helped select the candidates who would benefit from its largesse. Under state law, New York City officials are allowed to raise money for political causes – except their own candidacy – provided they do it after hours and do not explicitly trade favors.

Pennsylvania – The Super PAC Backing Jeff Brown’s Mayoral Campaign Is Asking a Judge to Toss the City Ethics Board’s Lawsuit

MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 5/5/2023

The super PAC that supported Jeff Brown’s mayoral campaign is asking a judge to throw out the Philadelphia Board of Ethics’ lawsuit accusing it of illegally coordinating with Brown, arguing Brown’s work with the group cannot be viewed as coordination because it occurred before he launched his campaign. If the judge agrees, the case could lead to a dramatic change in Philadelphia’s political landscape by making it easier for moneyed interests to work with their preferred candidates as they plan out their campaigns.

Tennessee – House Speaker Indicates Staff, Subcommittee Spent Money in Harassment Case

Tennessee Lookout – Sam Stockard | Published: 5/9/2023

Speaker Cameron Sexton is pointing at the Office of Legislative Administration and a Tennessee House ethics subcommittee in the disbursement of $9,000 in the case of a 19-year-old intern harassed by former Rep. Scotty Campbell. Yet an anonymous member of the panel was not aware the subcommittee had the authority to spend money or hand out punishment. The conflicting responses display the vagueness of the Legislature’s Workplace Discrimination and Harassment Policy, showing how it can be manipulated to cover up wrongdoing.

Texas – Facing Expulsion Vote Over Sexual Misconduct, GOP Lawmaker Resigns in Texas

MSN – Kyle Melnick and Amy Wang (Washington Post) | Published: 5/8/2023

State Rep. Bryan Slaton resigned from his seat one day before his colleagues were slated to vote on whether to expel him from the Texas House after a committee unanimously recommended his dismissal over sexual misconduct with a 19-year-old aide. Slaton’s resignation is effective immediately. The General Investigation Committee accused Slaton in an investigative report of engaging in disorderly conduct – including harassment, serving alcohol to someone underage, and abusing his position.

Virginia – Lobbyists, Corporations Doused Environmental Bills in Virginia’s Legislative Session

Richmond Times-Dispatch – Luca Powell | Published: 5/7/2023

Despite the climate crisis, bills designed to curb pollution and emissions find fierce opposition in the growing, well-financed lobbies that have put down roots in Virginia. Money is the big differentiator between the environmental and industrial lobbies. Most of the former are nonprofits, for which it is illegal to make political donations. Trade groups, law firms, and big companies like Dominion Energy have no such restrictions.

Campaign Finance

New York: “Top New York City Hall Aide Worked Quietly with State Super PAC” by Joe Anuta (Politico) for Yahoo News

Elections

National: “Under the Radar, Right-Wing Push to Tighten Voting Laws Persists” by Nick Corasaniti and Alexandra Berzon (New York Times) for Seattle Times

Ethics

California: “Former Top City Attorney Gets 9 Months of Home Detention in DWP Corruption Case” by Dakota Smith (Los Angeles Times) for MSN

National: “New White House Rules: Reporters can be kicked out if not ‘professional.'” by Paul Farhi (Washington Post) for MSN

National: “George Santos Pleads Not Guilty to Duping Donors, Stealing Campaign Cash to Burnish Wealthy Image” by Jake Offenhartz and Michael Sisak for Associated Press News

Illinois: “Reformer Quinn Joins Discussion Over Illinois Ethics Laws” by John O’Connor (Associated Press) for MSN

Legislative Issues

Tennessee: “House Speaker Indicates Staff, Subcommittee Spent Money in Harassment Case” by Sam Stockard for Tennessee Lookout

Lobbying

Illinois: “A Former Illinois State Senator Convicted in Corruption Scheme Gets a New Job – State Lobbyist” by Dan Mihalopoulos for WBEZ