National/Federal

‘Blue’ Suburban Moms Are Mobilizing to Counter Conservatives in Fights Over Masks, Book Bans and Diversity Education
Washington Post – Annie Gowan | Published: 2/9/2022

Dozens of suburban moms from around the country dialed into an Ohio-based Zoom training session with the same goal – to learn how to combat the increasingly vitriolic rhetoric from parents whose protests over mask mandates and diversity education have turned school board meeting rooms into battlegrounds. Moms for Liberty, a controversial Florida-based political action group started by two former school board members and a Republican activist, has made parental rights its rallying cry and is hoping to harness anger over mask mandates and diversity education in schools into power at the polls.

‘Dear White Staffers’: Anonymous testimonials about workplace culture grip Capitol Hill
MSN – Mariana Sotomayor (Washington Post) | Published: 2/4/2022

Concerns about low pay, hostile work environments, and racial and gender discrimination have gripped Capitol Hill as an Instagram account called “Dear White Students” has posted hundreds of testimonials from current and former aides that tell a dispiriting story about what it is like to work in the halls of Congress. The account was created in January 2020, and its first post was a meme during the Trump administration mocking how minorities are paid less than White staffers, but its profile on Capitol Hill has risen steadily since the new year.

How Manchin Used Politics to Protect His Family Coal Company
Yahoo News – Scott Waldman (Politico) | Published: 2/8/2022

As West Virginia’s governor, Joe Manchin supported a provision in a clean energy bill that was moving through the state Legislature in 2009. It classified waste coal as an alternative energy. But the mix of discarded coal and rocks is a carbon-intensive fuel. Manchin’s family business stood to benefit financially when it was reclassified as something akin to solar, wind, and hydropower. He has used his political positions to protect the fuel, and a single power plant in West Virginia that burns it, from regulations that also threatened his family business. It continues today. Only now Manchin has enormous influence over federal climate policy.

Judges Take Over Drawing Dozens of House Districts – and Throw Dems a Bone
Yahoo News – Ally Mutnick (Politico) | Published: 2/4/2022

Most states have finished their maps, but state and federal courts will direct the drawing of some 75 congressional districts in at least seven states in the coming months, marking a new phase in the process before the first 2022 primaries begin. Taken together, the court interventions have eased Democratic fears about redistricting. So far, the decisions have validated the party’s state-by-state legal strategy and offered a reprieve from several Republican gerrymandering attempts before a single election could be held under the new lines.

Manafort Lender Gets One Year in Prison for Bid to Get Trump Job
Yahoo Finance – Bob Van Voris (Bloomberg) | Published: 2/7/2022

A Chicago banker convicted of trying to trade $16 million in bank loans to former Trump campaign chief Paul Manafort for the chance at a top administration post was sentenced to a year in prison. Stephen Calk was found guilty of financial institution bribery and conspiracy over the loans. Calk had hoped then-President Trump would name him to a powerful government post, including treasury secretary, defense secretary, or ambassador to France or the United Kingdom.

National Archives Asks Justice Dept. to Investigate Trump’s Handling of White House Records
MSN – Matt Zapotosky, Jacqueline Alemany, Ashley Parker, and Josh Dawsey (Washington Post) | Published: 2/9/2022

The National Archives and Records Administration asked the Justice Department to examine Donald Trump’s handling of White House records. Officials recovered 15 boxes of materials from the former president’s Mar-a-Lago residence that were not handed back to the government as they should have been, and Trump had turned over other White House records that had been torn up. Archives officials suspected Trump possibly violated laws concerning the handling of government documents, including those that might be considered classified.

One Menacing Call After Another: Threats against lawmakers surge
Yahoo News – Catie Edmondson and Mark Walker (New York Times) | Published: 2/9/2022

The New York Times reviewed more than 75 indictments of people charged with threatening lawmakers since 2016. The flurry of cases shed light on a chilling trend: in recent years, and particularly since the beginning of Donald Trump’s presidency, a growing number of Americans have taken ideological grievance and political outrage to a new level, lodging concrete threats of violence against members of Congress. Many of threats were fueled by forces that have long dominated politics, including partisan divisions and a media landscape that stokes resentment. But they surged during Trump’s time in office and in its aftermath.

Republicans Censure Cheney, Kinzinger, Call Jan. 6 Probe Attack on ‘Legitimate Political Discourse’
Reuters – Doins Chiach | Published: 2/4/2022

The Republican Party censured U.S. Reps. Liz Cheney and Adam Kinzinger for joining Congress’ investigation of the attack on the Capitol and Donald Trump’s efforts to overturn his 2020 election defeat, calling the probe an attack on “legitimate political discourse.” Cheney and Kinzinger are the only Republicans on the House select committee. The panel is investigating who, including people in Trump’s inner circle, had any role in planning or enabling the worst assault on the Capitol since the War of 1812.

Stock Trading Ban for Lawmakers Gains Momentum on Capitol Hill
New York Times – Jonathan Weisman | Published: 2/9/2022

An effort to strictly control stock ownership by members of Congress is gathering momentum on Capitol Hill for the first time in a decade, fueled by politically vulnerable lawmakers who recognize the potency of signaling to voters that they will act on the perceived corruption in Washington. The issue of banning the ownership and trading of individual stocks by lawmakers is complex. It raises questions of just what other kinds of personal investments or economic liabilities could be perceived as conflicts of interest, and how far the prohibitions should extend.

Two House Democrats Question PR Firms on Work with Fossil Fuel Companies
Yahoo News – Zack Budrick (The Hill) | Published: 2/9/2022

U.S. Reps. Katie Porter and Raúl Grijalva sent a letter to six public relations firms, asking for details on their work with energy companies and whether they had aided them in campaigns to obscure the link between fossil fuels and climate change. The letter specifically cited a video recorded last summer by an undercover Greenpeace activist, in which Exxon lobbyist Keith McCoy tells the videographer the company “[fought] against some of the science” and used “shadow groups” to obfuscate the link.

Canada

Canada – Faith Goldy, Far-Right 2018 Toronto Mayoral Candidate, Faces Possible Prosecution Over Election Finances
Toronto Star – David Ryder | Published: 2/9/2022

Faith Goldy, a far-right pundit who has promoted white supremacy, faces possible prosecution over her 2018 Toronto mayoral campaign fundraising. The cit’’s compliance committee voted to refer findings from an audit to a provincial prosecutor. The committee was told Goldy failed to disclose more than $150,000 in campaign donations, illegally accepted contributions from non-Ontarians, mixed her personal and campaign funds, and did not co-operate with the audit.

From the States and Municipalities

Alabama – Supreme Court Stops Lower Court Order Requiring Alabama to Draw a New District Voting Map Favorable to Black Residents
MSN – Robert Barnes (Washington Post) | Published: 2/7/2022

The U.S. Supreme Court cleared the way for Alabama to use its new Republican-drawn congressional map in the 2022 elections even though a lower court said it violated the Voting Rights Act by denying a new district favorable to a Black candidate. The majority did not provide a reason for stopping the lower court’s decision. But Justices Brett Kavanaugh and Samuel Alito wrote separately to say the changes ordered by the lower court came too close to qualifying and primaries for the fall election and could create “chaos.” The case is the first for current Supreme Court justices to consider how to apply the Voting Rights Act to racial gerrymandering.

California – On Heels of Ridley-Thomas Indictment, LA County Hires Firm to Launch Sweeping Audit
Los Angeles Daily News – Ryan Carter and City News Service | Published: 2/4/2022

Los Angeles County hired the law firm Covington & Burling to conduct the audit of its contracting policies and processes and review all its major service contracts. On the heels of former Supervisor Mark Ridley-Thomas’s indictment and suspension from the city council, the Board of Supervisors voted to conduct the audit to ensure transparency in the county’s contracting procedures, which came into question following Ridley-Thomas’s indictment on federal bribery and conspiracy charges.

California – Why San Jose Mayor Sam Liccardo Is Being Sued Over Private Emails
San Jose Mercury News – Maggie Angst | Published: 2/8/2022

Five years after California Supreme Court’s ruling that texts and emails sent by public officials on their personal devices or accounts containing public business should be considered public records, San Jose Mayor Sam Liccardo and the city are being sued for violating the landmark ruling they sparked. The state Supreme Court unanimously ruled in the case City of San Jose v. Superior Court (Ted Smith) that when a public employee uses a personal account to communicate about public business, the content may be subject to disclosure.

Florida – Lawmakers Target Protests Outside Homes
WTVX – Dara Kam (News Service of Florida) | Published: 2/8/2022

A year after passing a sweeping law aimed at protests, Florida legislators are moving forward with a proposal that could criminalize demonstrations in front of or around people’s homes, including the governor’s mansion. The prohibition would apply not only to private property but extend to public parks, sidewalks. and rights-of-way. Critics say the legislation could allow law enforcement officials to arrest peaceful protesters and lead to Black and Hispanic demonstrators being targeted by police.

Georgia – Judge: Kemp can’t use leadership committee funds for primary
Yahoo News – Kate Brumback (Associated Press) | Published: 2/7/2022

A “leadership committee” created by Georgia Gov. Brian Kemp under a new state law must stop spending money to get the governor reelected during the Republican primary, a federal judge ruled. Former U.S. Sen. David Perdue, who is challenging Kemp in the primary, filed a lawsuit challenging the new law. Perdue and his campaign allege the law gives Kemp a significant and unfair fundraising and spending advantage in the primary and asked the judge to declare it unconstitutional.

Hawaii – Indictment Puts Spotlight on One of the Most Connected Men in Honolulu
Honolulu Civil Beat – Christina Jedra | Published: 2/8/2022

At various times, Max Sword had a hand in vetting the job applications of state judges, deciding how much money Hawaii legislators should make, and drawing the maps of Honolulu’s voting districts. Currently, he is on the board of the Honolulu Board of Water Supply. It was Sword’s role as chair of the Honolulu Police Commission that led to his recent indictment. He is accused of conspiring with former city Attorney Donna Leong and former Managing Director Roy Amemiya to misuse city funds to give former police chief Louis Kealoha a $250,000 retirement package.

Hawaii – Two Hawaii Lawmakers Charged in Bribery Scheme Over Cesspool Legislation
Honolulu Civil Beat – Blaze Lovell | Published: 2/8/2022

Former Hawaii Senate Majority Leader J. Kalani English and state Rep. Ty Cullen were charged by federal prosecutors with accepting bribes to support and defeat legislation on behalf of an industrial services company hoping to benefit from state cesspool regulations. Prosecutors allege English illegally accepted more than $15,000 and Cullen collected more than $23,000 in bribes. English retired at the end of the 2021 legislative session in May. Cullen was vice chairperson of the House Finance Committee, where he played a part in directing government spending on construction projects.

Iowa – Bill Would Remove ‘Swarm’ of Lobbyists from Iowa Capitol Rotunda
Globe Gazette – James Lynch | Published: 2/7/2022

A proposal to make room for “regular people” at the Iowa Capitol is getting a cool response from some of the lobbyists who would be displaced. House File 2276 would restrict lobbyists from engaging in lobbying activity in the second-floor rotunda between the House and Senate chambers. They would be permitted to be in the lobbyists’ lounges adjacent to each chamber as well as the House and Senate lounge when meeting with legislators.

Louisiana – Jeff Landry Didn’t Report $4,000+ in Travel Receipts from National Group, Despite Ethics Rules
The Advocate – Andrea Gallo | Published: 2/4/2022

Attorney General Jeff Landry failed to report he received more than $4,000 in travel reimbursements last year within the period that state public servants are required to submit such expenses to the Louisiana Board of Ethics. Tax forms show the Republican Attorneys General Association (RAGA) reimbursed Landry for three trips in 2021. RAGA’s past tax forms show they have reimbursed Landry at least $8,000 in travel expenses since 2018. Landry has never reported the reimbursements. State law requires public officials to disclose when they receive reimbursements or comped travel; they must do so within 60 days of receipt.

Michigan – Giuliani Asked Michigan Prosecutor to Give Voting Machines to Trump Team
Anchorage Daily News – Jon Swaine, Emma Brown, and Jaqueline Alemany (Washington Post) | Published: 2/9/2022

In the weeks after the 2020 election, Rudolph Giuliani and other legal advisers to then-President Trump asked a Republican prosecutor in northern Michigan to get his county’s voting machines and pass them to Trump’s team. Antrim County prosecutor James Rossiter said Giuliani and several colleagues made the request during a telephone call after the county initially misreported its election results. Legal scholars said it was unusual and inappropriate for a president’s representatives to make such a request of a local prosecutor.

Michigan – Reforms Sought on Recall Fundraising After Whitmer Raises Millions Extra
Detroit News – Beth LeBlanc | Published: 2/8/2022

Gov. Gretchen Whitmer’s ability to accept excess campaign contributions because of a recall is generating legislation in the Michigan House to reform a practice that critics have called a loophole. Under the proposal, candidates would be required to create a separate fund to hold contributions related to the recall instead of mixing the extra cash with normal political donations, among other provisions. The bill stems from Whitmer’s use last year of a recall policy to collect about $4 million in contributions above the state’s normal giving limits, which are capped for individual donors at $7,150 for a statewide candidate committee.

Montana – Judge Strikes Parts of Heavily Amended Campaign Finance Bill
MSN – Amy Beth Hanson (Associated Press) | Published: 2/4/2022

A judge ruled the Montana Legislature violated the state constitution when it changed a campaign finance bill late in the 2021 session to make it harder to register and to encourage college students to vote and to, in effect, limit donations to judicial campaigns. The judge granted a permanent injunction preventing the state from enforcing the two provisions that were added to Senate Bill 319 during a conference committee, with no public input, a day before the Legislature adjourned. Montana’s Constitution requires that bills contain a single subject. It also prevents legislators from amending laws so much that their original purpose is changed.

New York – Cannabis Company Granted Subpoenas of Hochul, Regulators
Albany Times Union – Rebekah Ward | Published: 2/10/2022

A state Supreme Court justice approved four subpoenas that MedMen, a multi-state marijuana operator, will serve on New York Gov. Kathy Hochul’s administration as it seeks documents showing any communications between the governor’s office and a rival company. The subpoenas also seek records of communications between the rival, Ascend Wellness Holdings, and state cannabis regulators, as well as additional documents pertaining to a soured deal between MedMen and Ascend. The subpoenas filed by MedMen referenced an article published in December regarding Hochul’s campaign fundraising.

New York – Ethics Groups Want Investigation of Free Help Cuomo Received
MSN – Marina Villeneuve (Associated Press) | Published: 2/7/2022

Watchdog groups say New York’s ethics commission should investigate whether former Gov. Andrew Cuomo broke the law by accepting free help from a group of former aides who worked to defend him against sexual harassment allegations. State ethics law bans public officials from accepting gifts or services worth more than $15 from lobbyists and companies that do business with the state. When Cuomo’s first accusers came forward, he turned to a team of outside advisers who provided him with strategic advice and public relations help. Several of those ex-aides worked for companies that lobby the state or have had state contracts.

New York – Ex-N.Y.C. Shelter Boss to Pay $1.2 Million After Bribery Plea
New York Times – Amy Julia Harris | Published: 2/7/2022

The former head of one of the largest operators of homeless shelters in New York City pleaded guilty to pocketing hundreds of thousands of dollars in bribes from contractors in a scheme that went on for years, as homelessness in the city grew to record numbers. Victor Rivera, founder of the Bronx Parent Housing Network, admitted to accepting kickbacks from contractors working with the organization and laundering the money through entities he controlled. As part of the plea agreement, Rivera is expected to face a prison sentence and agreed to forfeit $1.2 million.

New York – Hochul Leads Pack of Candidates Who Fail to Disclose Sources of Corporate Cash
The City – Sam Mellins (New York Focus) | Published: 2/9/2022

A media investigation revealed elected officials in New York continued to collect money from anonymous donors in violation of a 2019 law that required the disclosure of limited liability company (LLC) owners who made campaign contributions. The law is meant to prevent individuals from using LLCs as an end run around per person donation limits. Gov. Kathy Hochul was among the biggest benefactors of such money in 2021 and did not meet the disclosure requirements for a majority of the donations.

New York – ‘Space’: The bureaucratic frontier threatening the state’s new Public Campaign Finance Board
Gothamist – Brigid Bergin | Published: 2/7/2022

Kristen Zebrowski Stavisky, co-executive director of the New York State Board of Elections, testified recently about what was impeding the progress of the state’s new Public Campaign Finance Board. A top concern, according to Zebrowski Stavisky is the lack of office space. This was making it harder to bring in the personnel needed to launch the program since there is nowhere to put them. She also said their plans to acquire new offices were snared in months of bureaucratic, inter-agency delays. Despite the problems, officials insist the program will be up and running later this year.

North Carolina – North Carolina Supreme Court Rejects Redistricting Map as Unconstitutional
MSN – Meryl Kornfield, Colby Itkowitz, and Maria Luisa Paúl (Washington Post) | Published: 2/4/2022

The North Carolina Supreme Court ruled political district maps drawn by Republican lawmakers are unconstitutional and must be redrawn, a significant victory for Democrats in a state almost evenly divided politically. In a decision divided by party lines, the court found Republican lawmakers drew maps that deprived voters of their “substantially equal voting power on the basis of partisan affiliation.” The ruling is the latest in consequential redistricting wins for Democrats that could determine whether they hold on to their majority in the U.S. House amid all-out war in courtrooms over partisan gerrymandering and voting rights.

North Carolina – Voters, NC Elections Board: Madison Cawthorn candidate challenge should remain
MSN – Gary Robertson (Associated Press) | Published: 2/8/2022

A formal effort to evaluate whether U.S. Rep. Madison Cawthorn should be disqualified as a candidate because of his involvement in the rally that preceded the U.S. Capitol riot should be allowed to continue, voters and election officials in North Carolina told a federal judge. The candidate challenge says Cawthorn fails to comply with the portion of a post-Civil War amendment to the Constitution pertaining to insurrections. Cawthorn’s speech at the rally supporting then-President Trump, his other comments and information in published reports provide a “reasonable suspicion or belief” that he helped facilitate the insurrection.

Ohio – Audit: FirstEnergy improperly used ratepayer money to fund HB6 dark money efforts
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 2/4/2022

Federal regulators told FirstEnergy to refund customers after an audit found the utility did not properly track some of the $71 million it spent on lobbying for a nuclear plant bailout at the center of a corruption scheme. The Federal Energy Regulatory Commission found the lobbying expenses led FirstEnergy to improperly raise prices on customers and attempt to “conceal the nature and purpose” of the payments from the public. Like other public utilities, FirstEnergy cannot use money collected from ratepayers to fund lobbying.

Ohio – Ohio Mayor Lambasted for Saying Ice Fishing Would Lead to Prostitution: He ’embarrasses our town with wild claims’
Washington Post – Andrea Salcedo | Published: 2/10/2022

The city council in Hudson, Ohio, planned to cover several items during its recent meeting. But before it moved through their agenda, Council President Chris Foster wanted to gauge whether the council should consider a change to the rules on ice fishing on Hudson Springs Lake. He asked for members’ opinions, and most of what followed centered around safety concerns. Then, Mayor Craig Shubert stepped in, and the conversation took an unexpected turn. His issue with allowing people to ice fish on the lake was that it could lead to prostitution.

Ohio – Ohio Republicans Regroup, Postpone Congressional Map Plan After Latest Ohio Supreme Court Redistricting Rebuke
Cleveland Plain Dealer – Andrew Tobias | Published: 2/8/2022

Following their latest redistricting setback, Republican state lawmakers in Ohio are scrapping plans to introduce a new congressional map plan, deciding they are unable to get the minimal Democratic support it would require become effective in time for the May election. That means responsibility for coming up with a new plan now will go back to the Ohio Redistricting Commission. The state Supreme Court recently rejected GOP-drawn maps for Ohio’s state House and Senate districts. The court also rejected Republicans’ congressional map in January.

Oklahoma – Former Senate Leader Mike Morgan Gets Law License Back 10 Years After Bribery Conviction
Yahoo News – Nolan Clay (Oklahoman) | Published: 2/5/2022

Former Oklahoma Sen. Mike Morgan is being reinstated as a lawyer 10 years after he was convicted of accepting bribes disguised as legal fees. Morgan was convicted of accepting $12,000 to influence legislation. The state Supreme Court found Morgan had established he possesses the good moral character and fitness necessary for reinstatement. Justice Yvonne Kauger wrote the conviction “was based on some very suspect evidence.” Morgan still maintains his innocence.

Oregon – Proposed Oregon Campaign Finance Limits Could Be Upended by a Drafting Technicality
OPB – Dirk VanderHart | Published: 2/9/2022

Last year, it looked like Oregonians might have options for how to limit campaign contributions. Reformers filed six proposals to curb political giving, raising the possibility that dueling measures could compete for voter approval in the 2022 election. Now all but one of those proposals might be dead, at least in their current forms. Secretary of State Shemia Fagan said three measures do not meet a technical requirement of the state constitution. Two alternative campaign finance proposals contain the same problem, supporters concede, meaning they would likely be rejected if they choose to move forward.

Rhode Island – Mattiello Is Latest Former R.I. Lawmaker to Line Up Lucrative Lobbying Clients
MSN – Edward Fitzpatrick (Boston Globe) | Published: 2/7/2022

Former Rhode Island House Speaker Nicholas Mattiello is the latest former state lawmaker to line up a lucrative statehouse lobbying gig, trying to exert influence over his former colleagues. It is clear why big companies and major organizations would want to hire former legislators to lobby on their behalf, said John Marion, executive director of Common Cause Rhode Island. But there is a downside for others who lack that access, he said: “Moneyed interests get the upper hand over the public interest because they can afford to pay former legislators.”

South Carolina – Jury Awards $50M to Bluffton Mayor in Defamation Suit Against Longtime Local Critic
MSN – Sam Ogozalek (The Island Packet) | Published: 2/3/2022

A awarded a total of $50 million in damages to the mayor of Bluffton, South Carolina, in a defamation case against a longtime government critic. Skip Hoagland must pay $40 million in actual damages to Bluffton Mayor Lisa Sulka, who had filed a libel lawsuit against him in 2017, along with $10 million in punitive damages. Sulka filed the lawsuit against Hoagland over emails he sent to several people including the state attorney general. The mayor claimed there were defamatory statements in the messages, such as accusations she committed a crime and was unfit for office.

South Dakota – South Dakota Ethics Board Wants Response from Noem by April
MSN – Stephen Groves (Associated Press) | Published: 2/3/2022

The Government Accountability Board set an April deadline for South Dakota Gov. Kristi Noem to respond to a pair of ethics complaints from the state’s attorney general, signaling it believes the complaints might have merit. Attorney General Jason Ravnsborg asked the board to consider two issues. One is whether Noem’s use of state airplanes broke the law, and the other is whether she improperly interfered with a state agency that was evaluating her daughter’s application for a real estate appraiser license. Noem has insisted she has done nothing wrong.

Virginia – Youngkin Campaign Attacks High School Student on Twitter
MSN – Laura Vozzella (Washington Post) | Published: 2/6/2022

Virginia Gov. Glenn Youngkin distanced himself from a tweet mocking a teenager that went out on his campaign account, calling it “unauthorized.” It lashed out at a high school student as well as former Gov. Ralph Northam, tweeting out the teen’s name and photograph after the boy shared a news story about part of the Executive Mansion. Ethan Lynne retweeted a report from public radio station VPM suggesting Youngkin might be scrapping efforts to highlight the history of enslaved people at the mansion. The report contained an error, which Lynne noted on Twitter hours later, when VPM issued a correction.

Wisconsin – Ex-Justice’s Wisconsin Election Probe Drags as Critics Scoff
ABC News – Scott Bauer (Associated Press) | Published: 2/7/2022

Joe Biden’s narrow 2020 victory in Wisconsin has withstood recounts, lawsuits, and multiple reviews. There is no evidence of widespread fraud. But former Wisconsin Supreme Court Justice Michael Gableman is continuing his probe of the election. In his seven-month inquiry, Gableman has been sued over his response to open records requests and subpoenas and countersued. He has been criticized for scant expense records, ridiculed for sending confusing emails, making rudimentary errors in his filings, and called out for meeting with conspiracy theorists.

National/Federal

Campaigning to Oversee Elections, While Denying the Last One
Yahoo News – Jennifer Medina, Nick Corasaniti, and Reid Epstein (New York Times) | Published: 1/30/2022

Nearly two dozen Republicans who have publicly questioned or disputed the results of the 2020 election are running for secretary of state across the country, in some cases after being directly encouraged by allies of former President Trump. Their candidacies are alarming watchdog groups, Democrats, and some fellow Republicans, who worry these Trump supporters, if elected to posts that exist largely to safeguard and administer the democratic process, would weaponize those offices to undermine it – whether by subverting an election outright or by sowing doubts about any local, state. or federal elections their party loses.

Critics Say Ginni Thomas’s Activism Is a Supreme Court Conflict. Under Court Rules, Only Her Husband Can Decide If That’s True.
MSN – Michael Kranish (Washington Post) | Published: 1/31/2022

Ginni Thomas has long been one of the nation’s most outspoken conservatives. During her husband’s time on the U.S. Supreme Court, she has run organizations designed to activate right-wing networks and worked for Republicans in Congress. She also worked closely with the Trump administration and has come under fire over messages praising January 6 crowds before the attack on the Capitol. In a number of instances, her activism has overlapped with cases that have been decided by Justice Clarence Thomas. Each justice can decide whether to recuse, and there is no way to appeal a Supreme Court member’s failure to do so.

Democrats Decried Dark Money. Then They Won with It in 2020.
New York Times – Kenneth Vogel and Shane Goldmacher | Published: 1/29/2022

Democrats have complained – with indignation, frustration, and envy – that Republicans and their allies were spending hundreds of millions of difficult-to-trace dollars to influence politics. “Dark money” became a dirty word, as the left warned of the threat of corruption posed by corporations and billionaires that were spending unlimited sums through loosely regulated nonprofits, which did not disclose their donors’ identities. Then came the 2020 election. Spurred by opposition to then-President Trump, donors and operatives allied with the Democratic Party embraced “dark money,” by some measures surpassing Republicans in 2020 spending.

Democrats’ Election Reform Bill Failed in the Senate. What’s Next for Campaign Finance Reform?
OpenSecrets.org – Jimmy Cloutier | Published: 1/27/2022

The fate of campaign finance reform is once again in limbo after Senate Republicans quashed Democrats’ most recent election legislation. The GOP filibustered the Freedom to Vote: John R. Lewis Act. A measure to then pass the bill with a simple majority was blocked by U.S. Sens. Kyrsten Sinema and Joe Manchin. Democrats are shifting to other legislative priorities, like finding a replacement for retiring U.S. Supreme Court Justice Stephen Breyer. What this means for campaign finance reform, and the role of money-in-politics more broadly, is largely unclear.

Dems Avert Total Redistricting Doomsday – but They’re Not Out of the Woods
Yahoo News – Sarah Ferris and Ally Mutnick (Politico) | Published: 2/2/2022

The House Democrats’ campaign chief believes his party has at least avoided a redistricting doomsday that would have automatically handed the GOP control of the chamber in January. Republicans still hold an indisputable advantage going into the midterms. But Democrats have seized this year’s redistricting battle with an unexpected ruthlessness, carving out more blue territory than most had expected even just a few months ago, and netting key wins in the courts.

GOP Sen. Ben Sasse Re-Introduces Bill to Ban Lawmakers from Trading Stocks and Becoming Paid Lobbyists After Retiring
MSN – Bryan Metzger (Business Insider) | Published: 2/2/2022

U.S. Sen. Ben Sasse is re-introducing a sweeping ethics reform package that includes banning members of Congress from trading individual stocks and ban lawmakers from acting as paid lobbyists after leaving Congress. It would also require the president and vice president to publicly disclose their tax returns. In contrast to Sasse’s previous set of proposals, the bill would also prohibit foreign nationals from contributing to ballot measure campaigns.

Jan. 6 Investigators Subpoena 14 in Probe of False Pro-Trump Electors
MSN – Nicholas Wu, Betsy Woodruff Swan, and Kyle Cheney (Politico) | Published: 1/28/2022

The January 6 select committee subpoenaed central players in the Republican effort to submit illegitimate presidential electors in 2020, a push that became a key component of Donald Trump’s attempt to overturn his defeat. The panel investigating the Capitol riot is seeking documents and testimony from two pro-Trump electors each from seven battleground states, all won by Joe Biden, in which Republicans sought to deliver their own slate of electors to Congress.

Memo Circulated Among Trump Allies Advocated Using NSA Data in Attempt to Prove Stolen Election
MSN – Josh Dawsey, Rosalind Helderman, Emma Brown, and Jacqueline Alemany (Washington Post) | Published: 2/3/2022

A memorandum proposed that President Trump should invoke the powers of the National Security Agency and Defense Department to sift through raw electronic communications in an attempt to show foreign powers intervened in the 2020 election to help Joe Biden win. The proposal in some ways mirrors other radical ideas that extremists who denied Biden’s victory were working to sell to Trump between the election and the siege of the U.S. Capitol. But the proposal to seize and analyze “NSA unprocessed raw signals data” raises legal and ethical concerns and distinguishes the memo from other attempts.

Sen. Ben Ray Luján’s Stroke Shows the Fragility of Democrats’ Senate Majority
MSN – Mike DeBonis (Washington Post) | Published: 2/2/2022

For months, Senate Democrats have quietly pondered an improbable but not unthinkable scenario, that their razor-thin majority, secured only by the tiebreaking vote of Vice President Harris, could be suddenly upended by the absence, incapacitation, or death of a single senator. That scenario became reality, with an unexpected twist. In a caucus with 16 senators over 70, including several with documented health issues, it was one of the youngest Democrats, Sen. Ben Ray Luján, who suffered a stroke, leaving the Senate agenda in flux and Democrats pondering the fragility of their governing majority.

Some Records Sent to Jan. 6 Committee Were Torn Up, Taped Back Together – Mirroring a Trump Habit
MSN – Jacqueline Alemany, Josh Dawsey, Amy Gardner, and Tom Hamburger (Washington Post) | Published: 1/31/2022

When the National Archives and Records Administration handed over a trove of documents to the House select committee investigating the January 6 insurrection, some of the Trump White House records had been ripped up and then taped back together. Former President Trump was known for his potentially unlawful habit of tearing presidential records into shreds and tossing them on the floor. The Presidential Records Act requires the preservation of memos, letters, notes, and other written communications related to a president’s official duties, but Trump’s shredding practices apparently continued well into the latter stages of his presidency.

States Moving Fast After Congress Failed to Expand Felon Voting Rights
Yahoo News – Zach Montellaro (Politico) | Published: 2/2/2022

Activists are pushing for new state laws that would more quickly and uniformly restore the voting rights of those convicted of felonies, a movement that has found significant success in recent years. Despite state victories, federal action has been elusive. After a January stumble in Washington, 2022 will determine whether the movement still has momentum as it faces key tests in New Mexico, Virginia, and elsewhere. How successful the re-enfranchisement movement is could affect the makeup of the electorate in the midterms and beyond.

Trump Had Role in Weighing Proposals to Seize Voting Machines
Yahoo News – Alan Feuer, Maggie Haberman, Michael Schmidt, and Luke Broadwater (New York Times) | Published: 1/31/2022

Former President Trump was more directly involved than previously known in exploring proposals to use his national security agencies to seize voting machines as he grasped unsuccessfully for evidence of fraud that would help him reverse the 2020 election. The new accounts provide insight into how the former president considered and to some degree pushed the plans, which would have taken the country into uncharted territory by using federal authority to seize control of the voting systems run by states on baseless grounds of widespread voting fraud.

Trump’s Latest Claim That Election Could Have Been ‘Overturned’ Looms Over Electoral Count Debate in Congress
MSN – Mike DeBonis (Washington Post) | Published: 2/1/2022

New statements from former President Trump insisting his vice president, Mike Pence, could have “overturned” the 2020 presidential election have jolted a congressional debate over changing the federal law under which Trump and his allies sought to reverse Joe Biden’s victory. A bipartisan group of senators has met to discuss revisions to the 1887 Electoral Count Act, which governs the congressional certification for the election of the president and vice president. Lawmakers of both parties sought to keep the discussions on track even as questions arose about whether Republicans would agree to buck the former president and revise the law.

Canada

Canada – Critics Call for New Rules for Online Fundraisers After Protest Convoy Takes Anonymous Donations
CBC – Elizabeth Thompson | Published: 1/28/2022

Critics are calling on the federal government in Canada to introduce new rules for online fundraising campaigns after a fundraiser for a protest in Ottawa against vaccine mandates raised millions of dollars, in part from anonymous donors and people using fictitious names. Green Party parliamentary leader Elizabeth May said the GoFundMe fundraiser for the protest convoy raises concerns about whether such campaigns could be used by big businesses or foreign actors to circumvent Canada’s political financing rules.

From the States and Municipalities

Alaska – Alaska House Coalition Will Seek to Remove Rep. David Eastman from Legislative Committees Over His Oath Keepers Membership
Yahoo News – James Brooks (Anchorage Daily News) | Published: 2/1/2022

The Alaska House took a first step toward removing Rep. David Eastman from legislative committees. The move came in response to Eastman’s membership in the Oath Keepers, a far-right paramilitary organization whose leaders have been charged with seditious conspiracy during the January 6, 2021, attack on the U.S. Capitol by supporters of former President Trump. Eastman has not been accused of a crime and has denounced the charges as politically motivated. He said he will continue to associate with the group as long as it will have him.

Alaska – Without Action from Lawmakers, Triple the Cash Can Flow into Alaska Campaigns This Year
Yahoo News – Nathaniel Herz and Iris Samuels (Anchorage Daily News) | Published: 1/30/2022

Candidates in Alaska’s local and state-level elections this year will be able to collect campaign contributions triple the amount allowed in past races, but uncertainty about the rules means those limits could be raised, lowered, or even eliminated before Election Day. State lawmakers and campaign finance regulators are still processing a court ruling that threw out Alaska’s $500-per-person, per-year limit on donations to candidates. For now, the Alaska Public Offices Commission has raised those limits to $1,500 and to $3,000 for political groups, up from $1,000.

Arizona – Election Workers Could Be Charged with Crimes for Making Mistakes Under GOP Bills
Arizona Mirror – Jeremy Duda | Published: 1/31/2022

An Arizona Senate committee approved bills that would punish election workers who misplace ballots and penalize contractors who do not meet the terms of their contracts. Senate Bill 1055 states that a contractor who provides election-related services to the state or a county “and that fails to perform its obligations under the terms of the contract” is liable for damages equal to the value of the contract and could face criminal charges. The committee also approved a bill that says any ballots that are not included in election officials’ tallies because they were misplaced cannot be counted, and anyone who misplaces a ballot is guilty of a misdemeanor.

Colorado – Colorado School Board Races Are Big-Money Affairs. A New Bill Wants to Reign in Donors with Campaign Finance Limits.
Chalkbeat Colorado – Sandra Fish (Colorado Sun) and Erica Meltzer | Published: 2/1/2022

In the aftermath of big money school board elections around the state, Colorado lawmakers are seeking to cap for the first time how much donors can give to candidates in those races. But a bill that passed a House panel will not affect spending by independent committees that play a significant role in some contests. The bill would limit individual donations in school board races to $2,500 and contributions by small donor committees to $25,000 per candidate. School board candidates are among the few elected offices in Colorado without limits on campaign contributions, and the caps proposed in the bill are higher than those for many other offices.

Connecticut – Investigation: Murky ethics issues surround state official firing
CTNewsJunkie.com – Lisa Backus | Published: 2/2/2022

Several officials at the Connecticut Division of Criminal Justice told Chief State’s Attorney Richard Colangelo Jr. not to hire the daughter of Kostas Diamantis, the deputy secretary of the Office of Policy and Management, to avoid any appearance of a conflict-of-interest, according to an investigation by former U.S. Attorney Stanley Twardy. But Colangelo moved forward with hiring Anastasia Diamantis even as he continued to press her father for raises for himself and his employees. Gov. Ned Lamont turned over the findings to the Office of State Ethics and Justice Andrew McDonald, chair of the Connecticut Criminal Justice Commission.

Florida – Collier County Deputy Manager Fired for Not Disclosing Work for Lobbying Firm
WBBH – Lydia Nusbaum | Published: 1/27/2022

The Collier County manager fired former Deputy Manager Sean Callahan after learning Callahan did not disclose that he worked a second job, as he was required to do by law. Brownstein Hyatt Farber Schreck announced on March 3, 2021, that Callahan had become a senior policy advisor for the firm. Records show Callahan as a lobbyist with a list of clients within the past several months.

Florida – Florida Education Employee’s Spending Spree Wasn’t Authorized
Miami Herald – Ana Ceballos | Published: 1/28/2022

A Broward County Public Schools employee inappropriately used more than $90,000 in taxpayer money to buy computer equipment and gift cards for himself and colleagues while helping to manage a computer science training project for the Florida Department of Education. Justin Feller resigned his state government job last August while the department’s investigation was ongoing. The Department of Education referred the matter to the Florida Commission on Ethics for possible sanctions.

Florida – Florida’s Absentee Ballot Restrictions Under Court Review
Bloomberg Government – Jennifer Kay | Published: 1/31/2022

A federal court is examining whether elderly, disabled, and other voters are improperly burdened by a new voting law in Florida, where casting ballots by mail has broad support. The law limiting access to absentee ballot drop boxes, as well as restrictions on approaching voters lined up to cast their ballots in person, was enacted in response to unsubstantiated claims about widespread fraud in the 2020 general election. Restricting the hours that ballot drop boxes are available and requiring them to be monitored in person creates a “gatekeeper” that will deter voters, said Cecile Scoon, president of the League of Women Voters of Florida.

Florida – Responding to Dark Money Controversy, NextEra Did Internal Investigation into FPL
MSN – Mary Ellen Klas (Miami Herald) | Published: 1/27/2022

Recent revelations about Florida Power & Light’s (FPL) involvement in a “dark money” scheme to siphon votes away from state Senate Democratic candidates prompted its parent company, NextEra Energy, to conduct an internal investigation. FPL’s relationship with two nonprofit political committees has come under recent scrutiny as part of a criminal investigation by the Miami-Dade County state attorney into a ghost candidate scandal. The committees were set up by political consultants working for FPL, and with the consultation of FPL Chief Executive Officer Eric Silagy, according to media reporting.

Florida – Tallahassee Commissioners Side with City Attorney, Deny Ethics Board Expansion
Florida Politics – Tristian Wood | Published: 1/27/2022

The Tallahassee City Commission voted to side with the city attorney against a legal interpretation that would have expanded the reach of the city’s independent ethics board. A member of the ethics board requested a legal opinion on whether the panel’s jurisdiction expands to board members and employees of the City of Tallahassee Community Redevelopment Agency (CRA) and the Blueprint Intergovernmental Agency. Commissioners agreed with City Attorney Cassandra Jackson, who argued the CRA and Blueprint fall under the jurisdiction of the state ethics commission.

Georgia – Federal Judge to Rule on Governor’s Uncapped Fundraising War Chest
Albany Times Herald – Ross Wiliams (Georgia Recorder) | Published: 2/1/2022

Lawyers for Georgia gubernatorial candidate David Perdue and Gov. Brian Kemp sparred in court over a new state law that allows certain top elected officials to create leadership committees that can raise campaign funds without limits, even when the Legislature is in session. Legislators banned fundraising during the annual session more than 30 years ago, citing a need to root out corruption or the appearance of corruption. Democrats argued the law is an attempt to circumvent that long-standing rule to benefit incumbents. Supporters say the law promotes transparency because it requires disclosure for large donations.

Louisiana – For Louisiana Lawmakers, Political Redistricting Comes with Campaign Fundraising
Yahoo News – Julie O’Donoghue (Louisiana Illuminator) | Published: 2/2/2022

As Louisiana lawmakers gather in Baton Rouge for a special legislative session to draw new voting district maps, several will also be raising money for their campaigns. Legislators are generally prohibited from holding fundraisers or accepting campaign donations during regular sessions, but that ban does not apply during special sessions. How much money is raised at these fundraisers and what individuals and businesses donate will not be made public until next year.

Michigan – Lee Chatfield Raised Millions, Traveled Often. Michigan Law Kept Much Secret
Bridge Michigan – Simon Schuster (Michigan Campaign Finance Network) and Sergio Martínez-Beltrán | Published: 1/25/2022

In the last few weeks, following allegations from former Michigan House Speaker Lee Chatfield’s sister-in-law of sexual abuse, new revelations have emerged from former colleagues that he had extravagant taste and traveled so frequently he sometimes canceled House votes to catch planes. Records show one nonprofit tied to Chatfield, the Peninsula Fund, spent nearly $500,000 dollars on travel and food in 2020 alone, but IRS rules do not require it to disclose donors or explain how the money was spent. Michigan’s disclosure requirements for elected officials make it impossible to know many details about Chatfield’s travels, expenses, or donors.

Michigan – Trump Donations to Michigan Candidates Exceeded Legal Limits
MLive.com – Malachi Barrett | Published: 2/2/2022

Three-quarters of the money former President Trump funneled from his political committee to Michigan candidates exceeded legal limits for donations in the state. Save America PAC donated $45,000 to nine Republican candidates running for state offices. Candidates will likely have to refund excess contributions to the PAC to comply with Michigan law. One check was sent to the wrong account. A $5,000 donation went to an inactive committee Mike Detmer created to run for state House in 2020 instead of his current committee for Michigan’s 31st Senate District.

Missouri – Former Lake Ozark Lawmaker’s Attempt to Overturn Missouri’s Revolving Door Ban Rejected by Judge
Yahoo News – Galen Bacharier (Springfield News-Leader) | Published: 1/31/2022

A federal judge ruled Missouri’s two-year ban on lawmakers becoming lobbyists after leaving office would not be overturned, rejecting an argument by former state Rep. Rocky Miller that the law violated his freedom of speech. U.S. District Court Judge Douglas Harpool said Miller “conflates his right to speak and petition with his desire to receive compensation for doing so” and Miller’s “speech is not directly burdened” by the law.

New Jersey – Hoboken Councilwoman Sues City Over New Campaign Finance Law
Newark Star-Ledger – Ron Zeitlinger (Jersey Journal) | Published: 2/2/2022

Hoboken City Councilperson Tiffanie Fisher filed a lawsuit against the city to strike down the campaign finance law she says was illegally approved in December. The ordinance removes the $500 limit on campaign contributions from unions to candidates for elected office in the city and follow the state guideline of $7,200 per candidate. Fisher argued the ordinance was amended so significantly prior to the second reading and final vote that the amended version should have gone back for a new first reading.

New Jersey – New Jersey Grand Jury Investigated PACs, Nonprofits Caddle Operated
MSN – Matt Friedman (Politico) | Published: 1/31/2022

New Jersey prosecutors investigated several super PACs and nonprofits run by Sean Caddle, the political consultant who has admitted hiring two men to kill an associate and empaneled a state grand jury that issued related subpoenas to government entities. Some of those groups appeared designed to hide the source of money they channeled into local races around the state. The investigation focused in part on the Elizabeth Board of Education, a major source of political patronage, sources said.

New York – As Hochul Smashed Fundraising Record, Donors Enjoyed Access
Albany Times Union – Chris Bragg and Rebekah Ward | Published: 1/28/2022

As New York Gov. Kathy Hochul raised nearly $22 million since her inauguration in August, donors have not always gotten the results they sought. But with enough cash to hire a lobbyist and attend a high-dollar fundraiser, many interest groups enjoyed the opportunity to directly speak to state government’s most powerful person. Hochul’s unprecedented numbers relied partly on aggressive tactics employed by her team, such as setting a $250,000 fundraising minimum to secure her attendance at major lobbying firm events. She is also said to navigate follow up personally with some donors and attendees, a longstanding practice in New York.

New York – Cannabis Company Seeks to Subpoena Hochul’s Office
Albany Times Union – Chris Bragg | Published: 2/1/2022

The cannabis company MedMen Enterprises filed a notice in state Supreme Court that it intends to subpoena records from New York Gov. Kathy Hochul concerning any communications she or officials with her office and campaign had with another firm, Ascend Wellness Holdings, that donated at least $15,000 to the governor. The Albany Times Union published a story concerning Hochul’s record-breaking $22 million in campaign fundraising, including details about the conflict between Ascend and MedMen.

New York – Mayor Adams Granted Waiver to Hire His Brother At $1 Yearly Salary
Gothamist – Brigid Bergin | Published: 1/27/2022

Bernard Adams, the brother of New York City Mayor Eric Adams, was granted a waiver by the Conflicts of Interest Board to serve as senior advisor for mayoral security for the nominal salary of one dollar a year, allowing him to become an official city employee. City Hall walked back its initial plan to pay Adams’ brother a $210,000 salary but instead sought a waiver for him to play an uncompensated role in the administration, in keeping with the precedents set by previous administrations.

Ohio – Ohio Ethics Commission Seeks Harsher Penalties for Giving Unlawful Gifts to Lawmakers
WOUB – Jo Ingles (Statehouse News Bureau) | Published: 1/27/2022

The Ohio Ethics Commission is asking state lawmakers to beef up penalties for people convicted of illegally giving money or gifts to legislators or public agency leaders. The allowable amount a donor can give a lawmaker or other leader is between $75 to $500 per year depending on who is getting the gift and how it is given. Exceeding that amount is a misdemeanor.

Oklahoma – Oklahoma Budget Process Can Be Mysterious, Even for Many Lawmakers
Yahoo News – Ben Felder (The Oklahoman) | Published: 2/3/2022

Oklahoma’s multi-billion-dollar budget is the pinnacle legislative action each spring that sets the course for how much money state agencies have to spend, impacting everything from the resources available in classrooms to the number of state troopers patrolling the highway. But the process it takes to complete is largely conducted in secret, negotiated among a few lawmakers and high-ranking government officials before the rest of the Legislature has a few days to approve.

Pennsylvania – A Pennsylvania Court Overturned the State’s Mail Voting Law, but an Appeal Means It’s Still in Place
MSN – Jonathan Lai and Andrew Seidman (Philadelphia Inquirer) | Published: 1/28/2022

A Pennsylvania court struck down the state’s mail voting law, saying the state constitution requires voters to cast ballots in person unless they meet specific requirements. That almost certainly will not be the final word on the matter, as the state quickly appealed to the Pennsylvania Supreme Court, triggering an automatic stay of the decision, and leaving the law in place while the high court considers the case. Democrats believe the Supreme Court, which has a Democratic majority, will uphold the law.

Pennsylvania – Councilman Derek Green Is Proposing Philly’s Biggest Ethics and Elections Reforms in Years. Here’s What’s in It.
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 1/28/2022

City Councilmember Derek Green introduced Philadelphia’s most ambitious ethics and election reform package in years. Green’s plan comes in the wake of the conviction of former council member Bobby Henon, who resigned after a jury found him guilty on federal corruption charges. Only one of the planks, a proposal to clarify conflict-of-interest rules and increase disclosures by council members who make money from side jobs, directly relates to the scandal. Other components include making the Office of the Inspector General a permanent and independent agency and establishing a system for public financing of city elections.

Pennsylvania – Former Pa. Treasurer Barbara Hafer’s PAC Collected $2.3 Million from Investments, Paid Daughter $500K Since She Left Office
Lancaster Online – Sam Janesch (The Caucus) | Published: 1/27/2022

Barbara Hafer, who was elected four times to statewide office in Pennsylvania, was never again on a ballot after leaving the state treasurer’s office in 2005. Her 2017 guilty plea on charges she lied during a corruption case has barred her from holding public office in the state again. But for nearly two decades, Hafer’s PAC has remained open and thrived. Since she left office, Hafer’s committee has collected $2.3 million – not from donors, but from investments she made with her donors’ money. What it is being used for is a troubling practice benefitting Hafer’s daughter, according to a review of the committee’s reports and interviews with campaign finance experts.

Tennessee – Tennessee Senate Expels Sen. Katrina Robinson from Legislature, a First for the Chamber Since at Least the Civil War
MSN – Melissa Brown (Memphis Commercial Appeal) | Published: 2/2/2022

For the first time since at least the Civil War, the Tennessee Senate voted to expel a senator, stripping Sen. Katrina Robinson of her elected position following her federal conviction on federal wire fraud charges. Robinson previously said prosecutors unfairly targeted and pursued her on trumped up charges, which are unrelated to her role in the General Assembly. Sen. Ferrell Haile defended the Senate’s process, noting Robinson served through multiple regular and special sessions while her case moved through the courts.

Virginia – Tim Anderson Is Writing Bills That Might Profit His Business. In Virginia, That’s Allowed.
Virginian-Pilot – Ryan McKinnon | Published: 2/1/2022

Virginia Del. Tim Anderson, who owns a gun shop, filed four bills that could ease regulations on gun shops or make it easier for people to buy guns throughout the state. That may seem to be a conflict-of-interest, but Virginia’s ethics rules allow lawmakers to write bills that affect their industry. As long as Anderson’s proposals impact all gun shops in the commonwealth and not just his own, he is in line with the spirit of a citizen Legislature, ethics experts said. He is also not alone; politicians on both sides of the aisle in Virginia write bills that affect their professions.

Virginia – Va. Senators Reject Proposals to Cut Off Campaign Cash from Dominion Energy
Daily Progress – Patrick Wilson (Richmond Times Dispatch) | Published: 2/2/2022

Virginia lawmakers voted down proposals that would have ended Dominion Energy’s ability to give massive sums of campaign money to the lawmakers who regulate it. Bills to scale back the utility’s political influence in Richmond are not new, but they took on new life this year after Dominion upset conservatives during last year’s race for governor by pumping more than $250,000 into a PAC that attacked Republican nominee Glenn Youngkin, now governor. But Dominion’s allies in the Capitol remain numerous, and lawmakers have opposed any attempts to limit their campaign donations.

National/Federal

As Giuliani Coordinated Plan for Trump Electoral Votes in States Biden Won, Some Electors Balked
MSN – Beth Reinhard, Amy Gardner, Josh Dawsey, Emma Brown, and Rosalind Helderman (Washington Post) | Published: 1/20/2022

On December 14, 2020, the day of the electoral college vote, Republican electors convened in the capitals of five states that Joe Biden had won. They declared themselves “duly elected and qualified” and sent signed certificates to Washington, D.C. purporting to affirm Donald Trump as the victor. Understanding the origins of the rival slates has now become a focus of the House committee investigating the insurrection. Two Democratic attorneys general have asked federal prosecutors investigate whether crimes were committed in assembling or submitting the slates.

Biden Nominates Former Stacey Abrams Lawyer for Campaign Finance Watchdog
MSN – Zach Montellaro (Politico) | Published: 1/21/2022

President Joe Biden is nominating a new commissioner to the FEC. The White House announced Biden was putting forward Dara Lindenbaum, a campaign finance attorney, to join the six-member board governing the agency. Lindenbaum was general counsel to Stacey Abrams’ 2018 Georgia gubernatorial run and deputy general counsel for former Maryland Gov. Martin O’Malley’s 2016 presidential bid.

Black and Latino Voters Have Been Shortchanged in Redistricting, Advocates and Some Judges Say
MSN – Colby Itkowitz and Harry Stevens (Washington Post) | Published: 1/25/2022

Advocates for voting rights say redistricting map drawers have manipulated the process mostly at the expense of minorities. Across the country, the White population has shrunk over the past decade as minority communities have swelled, according to the 2020 Census. Yet, the rapid growth of Latinos and Blacks is not reflected in any of the new maps passed so far, except California’s, which added five seats where Latinos make up the majority of adults. Judges have intervened in two states where Republican state legislators were accused by voting rights advocates of disenfranchising Black voters.

Energy Secretary Jennifer Granholm Violated a Stock Disclosure Law Nine Times Last Year
CNBC – Christina Wilke | Published: 1/20/2022

Energy Secretary Jennifer Granholm violated the STOCK Act at least nine times last year by selling shares of stock worth up to $240,000 and failing to disclose those sales within the 45-day window the law requires. The dates of Granholm’s stock sales ranged from April to late October. But Granholm did not disclose any of them until mid-December, which was in some cases a full six months after the deadline to report the sale had passed.

Ex-Giuliani Associate Fruman Sentenced to One Year in Prison in Campaign Finance Case
Reuters – Luc Cohen | Published: 1/21/2022

Igor Fruman, who helped Donald Trump’s former personal lawyer Rudy Giuliani collect damaging information about Joe Biden before he was elected president, was sentenced to one year in prison for violating campaign finance law. U.S. District Court Judge Paul Oetken said Fruman’s solicitation of money from a Russian businessperson to donate to U.S. political campaigns was serious because it “undermines democracy,” but Fruman was unlikely to commit a similar offense again.

Federal Prosecutors Examine Slates That Offered Trump Electoral Votes in States Biden Won in 2020
MSN – Matt Zapotosky (Washington Post) | Published: 1/25/2022

Federal prosecutors are examining the decision by Republican electors in some states won by President Biden in 2020 to send in signed statements purporting to affirm Donald Trump as the victor of the election. Their actions were criticized at the time as a political stunt meant to bolster Trump’s unfounded claims of election fraud. But they have drawn additional scrutiny in recent weeks, as the House committee investigating the attack on the Capitol seeks to understand the origin of the Trump elector slates.

Feds Issue Subpoenas Seeking Records Related to Rep. Cuellar and His Wife, Associates
ABC News – Mike Levine | Published: 1/21/2022

A grand jury probe that led to the raid of U.S. Rep. Henry Cuellar’s home and office in Texas has begun issuing subpoenas, seeking records about a wide array of American companies and advocacy organizations, many of them with ties to the former Soviet nation of Azerbaijan. Among the information being sought are records related to Cuellar, his wife Imelda, and at least one of his campaign staffers. A subpoena seeks records “relating to anything of value” that Cuellar, his wife, and others close to them may have been offered by certain business leaders or foreign officials.

House Committee on Ethics Opening Reviews of Two Lawmakers
MSN – Morgan Rimmer and Annie Grayer (CNN) | Published: 1/24/2022

The House Committee on Ethics announced it is continuing two investigations based on reports from the Office of Congressional Ethics (OGE). The OGE claims it has “substantial reason to believe” U.S. Rep. Doug Lamborn misused official resources and U.S. Rep. Marie Newman promised federal employment to a primary opponent to get political support. Current and former Lamborn staffers testified they were instructed to perform a host of activities including running personal errands, performing campaign work, moving furniture, and helping Lamborn’s son with a federal job application process.

Judge Says States Can Investigate WinRed’s Fund-Raising Tactics
New York Times – Shane Goldmacher | Published: 1/26/2022

A federal judge dismissed a lawsuit filed by WinRed, a company that processes online donations for Republicans, that sought to block state attorneys general from investigating fundraising tactics that have triggered complaints of fraud. The attorneys general from four states first sent letters to WinRed, asking for documents after a New York Times investigation revealed the company’s use of prechecked boxes to automatically enroll donors in recurring contribution programs. WinRed declined to provide the documents and instead went to court to argue federal law should pre-empt any state-level consumer probes.

Justice Breyer to Retire, Giving Biden First Court Pick
Yahoo News – Mark Sherman and Michael Balsamo (Associated Press) | Published: 1/26/2022

Longtime liberal Supreme Court Justice Stephen Breyer is retiring, giving President Biden  his first high court opening, which he has pledged to fill with the historic naming of the court’s first Black woman. Breyer has been a pragmatic force on a court that has grown increasingly conservative, trying to forge majorities with more moderate justices. His retirement will give Biden the chance to name and win confirmation of a replacement before next fall’s election when Republicans could retake the Senate and block future nominees.

Palin v. New York Times Pushes New Boundaries on Libel Suits
Yahoo News – Josh Gerstein (Politico) | Published: 1/23/2022

Sarah Palin is set to take on The New York Times in a libel suit she filed over a 2017 editorial  that erroneously linked her political activities to the 2011 shooting attack that left six people dead and U.S. Rep. Gabrielle Giffords badly wounded. Within a day, the Times corrected the editorial and noted no connection was ever established between the rampage and a map that Palin’s PAC circulated with crosshairs superimposed on the districts of 20 Democrats, including Giffords. But Palin filed suit, accusing the newspaper of defaming her. Some media advocates say the fact that the case is going to trial is a sign that deference to the press in the courts is giving way to more challenging legal landscape.

Plea Deal for Man Involved in Gaetz Investigation, Whose Attorney Says He Witnessed ‘Sex, Drugs – a Whole Lot of It’
MSN – Matt Zapotosky (Washington Post) | Published: 1/26/2022

Justice Department investigators have reached a cooperation agreement with a man whose attorney says he witnessed U.S. Rep. Matt Gaetz attend parties involving “a whole lot” of sex and drug use, another potential boon to the sprawling and slow-moving sex trafficking investigation into Gaetz. Ellicott has been talking with investigators examining whether Gaetz committed sex trafficking of a minor. Ellicott’s plea agreement requires him to cooperate fully with the government as they explore other potential crimes.

Retired Lawyer Wrote the Book, Literally, on Corporations Entertaining Politicians
MSN – Kate Ackley (Roll Call) | Published: 1/24/2022

When Ken Gross joined Skadden Arps Slate Meagher & Flom’s Washington office, he envisioned a nonpartisan political law practice, catering mostly to corporate clients. He carried out his plans over the next 35 years, representing mostly companies and trade associations as they navigated the changing legal landscape for PACs, lobbying, ethics, and gift rules. “Ken is responsible for developing that practice group, leading it, growing it to the point where Skadden is the go-to firm for … corporate clients who want to engage in … political activity, and want to ensure their compliance,” said Jan Baran, a campaign finance lawyer.

The Jan. 6 Panel Wants to Talk to Ivanka Trump
National Public Radio – Caitlyn Kim | Published: 1/20/2022

The House select committee looking into the January 6, 2021, attack on the Capitol is seeking Ivanka Trump’s voluntary cooperation with its investigation. The letter also detailed new evidence the panel has uncovered about her role the day of the siege, including multiple attempts to get her father to intervene in the attack and his efforts to undo President Biden’s election. The request comes a day after the committee requested phone from Eric Trump and Kimberly Guilfoyle, who is engaged to Donald Trump Jr.

Top Lobbying Firms Report Record-Breaking 2021 Earnings
MSN – Karl Evers-Hillstrom (The Hill) | Published: 1/20/2022

Most of the top lobbying firms in Washington, D.C. raked in record revenue last year as K Street worked overtime to influence President Biden’s ambitious agenda. Lobbying spending had already reached record highs in 2020 after Congress authorized trillions of dollars in new spending to fight the pandemic. But Democrats’ takeover of Congress and the White House helped further propel the influence industry to new heights.

From the States and Municipalities

Alabama – Alabama Supreme Court Reverses Dismissal of Lawsuit Filed by Convicted Drummond Coal Lobbyist
AL.com – Mike Cason | Published: 1/22/2022

The Alabama Supreme Court reversed the dismissal of a lawsuit filed by former Drummond Company vice president and lobbyist David Roberson, who was convicted in 2018 of bribing a state lawmaker. Roberson sued Drummond Company, his former employer, and the Balch & Bingham law firm in 2019, alleging they concealed and misrepresented information that contributed to his conviction. A federal jury convicted Roberson and former Balch & Bingham lawyer Joel Gilbert on corruption charges, involving bribes paid to former state Rep. Oliver Robinson through a foundation Robinson operated.

Alabama – Federal Court Blocks Alabama’s New Congressional District Map, Saying It’s Not Fair to Blacks
Yahoo News – Brian Lyman (Montgomery Advertiser) | Published: 1/25/2022

A three-judge federal panel blocked Alabama’s new congressional district map from going into effect, ruling challengers were “substantially likely” to prevail in their arguments the plan violated the Voting Rights Act. the judges found Black Alabamians had “less opportunity than other Alabamians to elect the candidates of their choice to Congress.” The congressional map as approved preserves a nearly 30-year plan of having a single majority-minority congressional district in west Alabama.

Arizona – Arizona Appeals Court Rebuffs Group’s Bid to Skip Campaign Law Fine
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 1/23/2022

The state Court of Appeals rebuffed a bid by a group that spent $260,000 attacking a 2014 foe of Doug Ducey’s in his first gubernatorial campaign to escape a fine for violating Arizona campaign finance laws. The judges said the Legacy Foundation Action Fund waited too long before appealing a more than $95,000 fine imposed by the Citizens Clean Elections Commission over its commercials targeting former Mesa Mayor Scott Smith. Attorneys for the conservative group then opened a new legal front with this lawsuit, arguing the commission did not have any legal authority to impose the fine in the first place.

Arizona – U.S. Supreme Court Rejects Shooter’s Claim
Arizona Capital Times – Howard Fischer (Capitol News Services) | Published: 1/27/2022

The U.S. Supreme Court ended the hope of former Rep. Don Shooter to claim his rights were violated when he was expelled from the Arizona House. The justices refused to set aside a ruling by a lower court throwing out the lawsuit Shooter filed against former House Speaker J.D. Mesnard and Kirk Adams, a former top adviser for Gov. Doug Ducey. The court did not address the claims by Shooter that having him ousted for violating a policy against sexual harassment, one that did not exist at the time of the alleged incidents, was illegal. The action upholds the conclusion by the appellate court that Mesnard and Adams have qualified immunity for their actions.

California – After Guilty Plea in Federal Case, Englander Now Faces L.A. City Ethics Charges
MSN – Julia Wick (Los Angeles Times) | Published: 1/20/2022

The Los Angeles City Ethics Commission accused former Councilperson Mitchell Englander of violating city ethics laws by accepting thousands of dollars in gifts from a businessperson and a developer during trips to Las Vegas and Palm Springs and not adequately reporting them. The charges come more than a year after Englander pleaded guilty to lying to federal authorities investigating the corruption case and was sentenced to prison. The commission could levy a fine of up to $136,071.

California – Ex-DWP Executive Pleads Guilty in Corruption Case
Los Angeles Daily News – Staff | Published: 1/25/2022

A former top executive of the Los Angeles Department of Water and Power (DWP) pleaded guilty to a federal bribery charge stemming from a probe of the city’s handling of the botched launch of a DWP billing system. David Wright accepted bribes from a lawyer in exchange for supporting a $30 million, no-bid DWP contract. The lawyer named in the case, Paul Paradis, has also agreed to plead guilty to a federal bribery count. Riverside officials asked t local law enforcement to probe whether contracts may have been illegally steered toward certain companies when Wright was general manager of Riverside Public Utilities.

Colorado – A Second County Election Official in Colorado Is Suspected of Security Breach
Canon City Daily Record – Saja Hindi (Denver Post) | Published: 1/24/2022

Colorado Secretary of State Jena Griswold is investigating a second county clerk over a possible elections security breach and has ordered Elbert County Clerk and Recorder Dallas Schroeder to turn over information related to allegations he copied a voting system hard drive. The secretary of state ordered the Republican county clerk to appear at a deposition to explain how the copy of the 2021 Dominion Voting Systems hard drive was made after Griswold’s office said Schroeder did not respond to an email request and an election order requiring the disclosure of information about the “potential security protocol breach.”

Florida – Florida Opens Investigation into Dark-Money Group Key to ‘Ghost’ Candidate Scandal
MSN – Jason Garcia and Annie Martin (Orlando Sentinel) | Published: 1/20/2022

A state agency that regulates charities has opened an investigation into a “dark-money” nonprofit that played a key role in Florida’s “ghost” candidate scandal. Nikki Fried, commissioner of the Florida Department of Agriculture and Consumer Affairs, said her department is probing whether the organization, known as Let’s Preserve the American Dream, has fully complied with state laws governing nonprofits that solicit funding in Florida. The development comes as the nonprofit, which is closely associated with one of Florida’s biggest business-lobbying groups, also faces criminal investigation by prosecutors in Miami.

Florida – How Much Darker Can Political Money Get? New GOP Bill Tries to Further Shield Donors
MSN – Ana Ceballo and Samantha Gross (Miami Herald) | Published: 1/20/2022

Florida Republicans are pushing legislation that would enact broad new layers of secrecy around nonprofit organizations’ corporate and individual donors, a move that would allow some political groups to shield sources of funding from local and state government scrutiny. Groups whose tax-exempt status allows them to engage in a restricted level of political activity and does not require them to disclose their donors often serve as vehicles for dark money spending because their sources are hidden. They have come under scrutiny recently due to a Miami-Dade County “ghost” candidate investigation marked by “dark money” spending.

Georgia – Ethics Panel Says It Will Pursue Ex-Insurance Commissioner
MSN – Associated Press | Published: 1/24/2022

Georgia ethics officials say they will pursue allegations of wrongdoing against former state Insurance Commissioner John Oxendine, overriding an administrative law judge’s ruling that they waited too long. Oxendine is accused of illegally using campaign funds from his failed 2010 gubernatorial campaign to buy a house and lease cars. Commissioners accepted the judge’s decision that the agency cannot pursue Oxendine for accepting $120,000 in bundled contributions, 10 times what was then the legal limit, from two insurance companies in 2008 when he was running for governor.

Georgia – Georgia Prosecutor Granted Special Grand Jury in Probe of Trump’s Efforts to Overturn State’s Election Results
MSN – Amy Wang and John Wagner (Washington Post) | Published: 1/24/2022

Fulton County District Attorney Fani Willis, who is weighing whether former President Trump and others committed crimes by trying to pressure Georgia election officials, was granted a special purpose grand jury to aid in her investigation. Willis confirmed part of her investigation centers on the January 2, 2021, phone call between Trump and Secretary of State Brad Raffensperger in which Trump asked Raffensperger to “find” enough votes to overturn Joe Biden’s win in the state’s presidential election.

Hawaii – How a Honolulu Police Chief Facing a Corruption Probe Got a $250,000 Payout
Honolulu Civil Beat – Christina Jedra | Published: 1/23/2022

In the city council committee room in 2017, Honolulu Police Commission Chairperson Max Sword was being asked about a retirement deal being brokered with then-Police Chief Louis Kealoha, who was under federal investigation for using his position to frame an innocent man. Sword refused to tell the council members anything about the deal. That meeting is now part of a federal indictment in which Sword and two of the city’s most senior officials, former Corporation Counsel Donna Leong and former Managing Director Roy Amemiya, are accused of conspiring to illegally bypass the city council to pay Kealoha a $250,000 severance.

Idaho – Giddings Says She No Longer Has Documents Related to Public Records Lawsuit
Idaho Press – William Spence (Lewiston Tribune) | Published: 1/26/2022

Idaho Rep. Priscilla Giddings last year acknowledged having access to documents that are now at the center of a public records lawsuit. Giddings, who is running for lieutenant governor, now denies having the documents. The documents in question relate to rape allegations that were leveled against former Rep. Aaron von Ehlinger by a House intern, and to a subsequent tort claim alleging Giddings and von Ehlinger engaged in a “conspiracy” to defame the young woman.

Illinois – In Chicago, a Public Radio Station Comes to the Rescue of the Sun-Times Newspaper
MSN – Elahe Izade and Jeremy Barr (Washington Post) | Published: 1/19/2022

In an unusual merger that some hope could serve as a national model to preserve local journalism, Chicago’s NPR station plans to acquire one of the city’s major daily newspapers. The board of directors for Chicago Public Media, the umbrella organization for WBEZ, approved moving forward with the acquisition of The Chicago Sun-Times. Public radio stations have acquired for-profit news competitors in the past but never at this scale. While the two organizations will come under the same ownership and share content, editorially they will operate independently.

Illinois – Supreme Court Considers Use of Political Campaign Funds to Mount Legal Defense in Public Corruption Cases
WCIA – Mark Maxwell | Published: 1/19/2022

The Illinois Supreme Court heard oral arguments in a case that could determine whether elected officials can use their campaign funds to hire lawyers to defend themselves in public corruption cases. Federal prosecutors accused former Chicago Ald. Danny Solis of receiving sex acts, Viagra, and campaign cash in a corruption scheme. Solis later used that same campaign account to pay lawyers $220,000 to defend himself. Ald. Byron Sigcho-Lopez filed a complaint with the State Board of Elections arguing Solis violated campaign finance laws.

Maryland – Baltimore County Inspector General: Former top official waived fees for developer, received favors
Yahoo News – Taylor DeVille (Baltimore Sun) | Published: 1/20/2022

Baltimore County improperly waived what is estimated to total millions of dollars in fees and security deposits over roughly a decade for a developer to build a multimillion-dollar, mixed-use site at Owings Mills, according to a report from county Inspector General Kelly Madigan. The report details how Arnold Jablon, who was director of the Department of Permits, Approvals, and Inspections between 2011 and 2018, waived securities and fees for developer David Brown Enterprises – possibly in return for access to basketball tickets and free parking – despite having no legal authority to do so.

Maryland – The Mosbys Claimed Legal Expenses on Their Campaign Filings. Here’s What We Know About What Maryland Law Requires.
Baltimore Sun – Emily Opilo and Alex Mann | Published: 1/21/2022

Baltimore State’s Attorney Marilyn Mosby and her husband, city council President Nick Mosby, reported spending campaign funds on legal expenses last year. Legal bills can be considered acceptable campaign expenses, but only in certain circumstances. Marilyn Mosby was indicted recently, accused of lying to avoid penalties for withdrawing money from her city retirement account and using the funds to purchase two vacation homes. A state attorney general opinion found an elected official is allowed to use campaign funds to pay debts stemming from “the defense of a criminal prosecution directly related to alleged campaign improprieties.”

New Mexico – Ethics Watchdog Issues Report on Payday Loan Industry Lobbying
New Mexico Political Report – Robert Nott and Daniel Chacon (Santa Fe New Mexican) | Published: 1/20/2022

For years, state lawmakers have unsuccessfully tried to introduce legislation capping the interest rate for so-called payday loans at 36 percent. Their efforts have failed repeatedly. New Mexico Ethics Watch released a new report on a study exploring the possible effects of the industry’s lobbying efforts on ensuring the cap is not lowered. What the study found, said Kathleen Sabo, executive director of Ethics Watch, is that lobbyists’ arguments in opposition to a drop in the interest rate cap have been even “more effective” than campaign donations when it comes to influencing lawmakers.

New Mexico – Proposal Calls for Ethics Agency to Set NM Elected Officials’ Pay
Yahoo News – Dan McKay (Albuquerque Journal) | Published: 1/24/2022

A proposed constitutional amendment that would task the State Ethics Commission with setting the salaries for all state elected officials from the governor to lawmakers, who are now unpaid, cleared its first committee hearing. Senate Joint Resolution 8 also would change how commission members are chosen, allowing the New Mexico Supreme Court to make two of the seven appointments. The push to set a salary for lawmakers comes as the Legislature considers a separate proposal to increase the pay of New Mexico’s statewide elected officials by five figures. Lawmakers are not included in that bill.

New York – Former IG Letizia Tagliafierro Pushed Transfer of Trooper Cuomo Allegedly Harassed
Albany Times Union – Brendan Lyons | Published: 1/20/2022

Letizia Tagliafierro, a former top aide to then-New York Gov. Andrew Cuomo who later became his state inspector general, was the unnamed “high-level staff member” in the executive branch who four years ago directed the State Police to bend the rules so a young female trooper whom the governor met at an event could be appointed to his protective detail. Tagliafierro’s role was revealed when state Attorney General Letitia James’ office released transcripts from a probe into allegations Cuomo sexually harassed or acted inappropriately with multiple women, including the trooper who went on to become one of his drivers.

New York – Subpoena Probes Cuomo’s Pandemic ‘Volunteers’
Albany Times Union – Chris Bragg | Published: 1/26/2022

The Joint Commission on Public Ethics will investigate the activities of volunteers in assisting New York Gov. Andrew Cuomo’s COVID-19 pandemic response. While unpaid by New York’s government, some of the volunteers, such as one-time top Cuomo aide Larry Schwartz, held crucial roles in Cuomo’s response to the crisis. Schwartz served as the state’s “vaccine czar,” leading efforts to distribute vaccines to the state’s population, while continuing in his day job as chief strategy officer at an airport concessions company that has extensive interests before state government.

Ohio – Former House Bill 6 Lobbyist Who Chaired PUCO Nominating Council Resigns
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 1/25/2022

Former FirstEnergy lobbyist Michael Koren resigned from leading the state’s efforts to pick utility regulators. Koren had served as chairperson of the Public Utilities Commission of Ohio Nominating Council despite his former ties to FirstEnergy. Koren lobbied for the company when House Bill 6 to subsidize nuclear plants was introduced in 2019. The commission has come under increasing scrutiny after FirstEnergy admitted bribing PUCO’s former chair, Sam Randazzo, who Gov. Mike DeWine appointed after his name was put forth by the nominating council.

Ohio – Ohio’s Pandemic Politics Cast Long Shadow Over Omicron Surge
Ohio Capital Journal – Jake Zuckerman | Published: 1/21/2022

Republicans in the Ohio House and Senate overruled Gov. Mike DeWine’s gubernatorial veto to pass Senate Bill 22. The legislation gave lawmakers the ability to nix statewide health orders with a simple majority vote – previous law required a supermajority. It also blocked DeWine, his appointed director of the Ohio Department of Health, or local health departments from issuing blanket lockdown or masking orders. A May 2021 report from the Network for Public Health Law found Ohio was one of 15 states to pass or consider legislation to limit the authority of public health departments during the pandemic.

Tennessee – Ogles Wants Checks on Registry of Election Finance Subpoena Power
Tennessee Lookout – Sam Stockard | Published: 1/26/2022

State Rep. Brandon Ogles, after threatening a “deep dive” into the Tennessee Registry of Election Finance, said he is drafting legislation that could change the agency’s subpoena power. Ogles said he would like to see requirements for a judge’s signature on subpoenas issued by the registry board in addition to invitations before subpoenas are issued. The registry voted recently to subpoena former House Speaker Glen Casada, his ex-chief of staff Cade Cothren, and several other people to gather information about the Faith Family Freedom Forum, a shadowy PAC that ran attack ads on Casada’s political enemy, former Rep. Rick Tillis.

Tennessee – Senate Ethics Committee Recommends Sen. Katrina Robinson’s Expulsion, Will Go Before Senate Vote
Yahoo News – Melissa Brown (Memphis Commercial Appeal) | Published: 1/20/2022

The Senate Ethics Committee determined Tennessee Sen. Katrina Robinson violated the chamber’s code of ethics and recommended her expulsion due to her conviction on federal fraud charges. Robinson will now face a full Senate vote based on the committee’s recommendation. She is awaiting a March sentencing date for charges related to the mismanagement of federal funds in connection to her leadership of a nursing school. Robinson’s criminal trial focused on events that occurred prior to her election to the state Senate.

Washington – WA Supreme Court Upholds $18M Campaign-Finance Fine Against Grocery Industry Group
Seattle Times – Jim Brunner | Published: 1/20/2022

The Washington Supreme Court narrowly upheld an $18 million fine levied against an association of large food brands that funneled “dark money” into a state campaign. The ruling found the penalty against the Grocery Manufacturers Association, now known as the Consumer Brands Association, did not violate the U.S. Constitution’s ban on excessive fines. The group spent more than $11 million to defeat Initiative 522, which would have required labeling of genetically modified food products. But it did not initially identify the corporations that wrote big checks to fund the campaign, including Coca-Cola, General Mills, and Nestle.

National/Federal

DirecTV Says It Will Sever Ties with Far-Right Network One America News
MSN – Timothy Bella (Washington Post) | Published: 1/15/2022

DirecTV announced it will sever ties with One America News (OAN) after this year, pulling the conservative news channel from millions of homes. The channel, which has promoted conspiracy theories about the 2020 presidential election and coronavirus pandemic, will be dropped in April when its contract expires. OAN’s sister channel, A Wealth of Entertainment, will also be removed from the satellite provider. AT&T has been criticized for playing a foundational role in building up OAN into a Donald Trump-friendly alternative to Fox News. Though DirecTV is now its own company, AT&T owns 70 percent of the satellite provider.

ExxonMobil Aims to Use a Radical Texas Law to Silence Its Critics – in California
Mother Jones – Chris McGreal | Published: 1/18/2022

ExxonMobil is attempting to use an unusual Texas law to target and intimidate its critics, claiming lawsuits against the company over its long history of downplaying and denying the climate crisis violate the U.S. Constitution’s guarantees of free speech. ExxonMobil is asking the Texas Supreme Court to allow it to use the law, known as rule 202, to pursue legal action against more than a dozen California municipal officials. Exxon claims that in filing lawsuits against the company over its role in the climate crisis, the officials are orchestrating a conspiracy against the firm’s first amendment rights.

FEC Report Shows How National Party Committees Allegedly Blow Past Contribution Limits
MSN – Isaac Stanley-Becker (Washington Post) | Published: 1/14/2022

A fundraising committee operated jointly by the Trump campaign and the Republican National Committee in 2016 served as a vehicle for state parties to FEC’s general counsel found almost three years ago. The general counsel’s report, available since 2019, was newly released in an updated and unredacted form because of a development in an associated case. It mirrors findings from the general counsel’s office about similar activity by a joint fundraising committee benefiting Hillary Clinton in 2016. The alleged sum funneled through state party committees in that case was even larger: $112 million.

House Jan. 6 Committee Subpoenas Giuliani, Sidney Powell
MSN – Jacqueline Alemany and Tom Hamburger (Washington Post) | Published: 1/18/2022

The House committee investigating the insurrection of January 6, 2021, issued subpoenas to members of former President Trump’s outside legal team who pursued and disseminated unfounded claims of mass election fraud, including Trump’s former personal attorney Rudolph Giuliani, former White House aide Boris Epshteyn, and lawyers Jenna Ellis and Sidney Powell. The committee has also subpoenaed and obtained records of phone numbers associated with Eric Trump and Kimberly Guilfoyle, the fiancé of Donald Trump Jr.

How More Than $404 Million in Taxpayer Money Got Locked Away in a Forgotten Government Fund – and Lawmakers Won’t Spend It or Return It
Yahoo News – Dave Levinthal (Business Insider) | Published: 1/18/2022

Holed away in a government account is a massive cash stash most anyone, from depleted federal programs to coronavirus-throttled charitable causes, would love to tap. But it sits idle and untouched. The intended beneficiaries of the taxpayer-fueled Presidential Election Campaign Fund – presidential candidates – do not want it, as they are soured by its restrictions on their fundraising and spending. Conservatives in Congress would prefer to disband the fund and repurpose its money. Many Democrats want the money to seed a reimagined public campaign finance program contained within a broader “democracy-reform” agenda.

Lawmakers Coming Under Increased Threats – Sometimes from One Another
Yahoo News – Rebecca Beitsch (The Hill) | Published: 1/17/2022

A little over a year after the violent attack on the Capitol, threats targeting lawmakers have only increased alongside a surge of violent speech shared online and even inside the building. Threats against lawmakers have reached an all-time high of 9,600, according to U.S. Capitol Police data. On the anniversary of that attack, the Department of Homeland Security warned that calls for violent action against lawmakers were picking up steam online. That includes a video calling for lawmakers to be hung in front of the White House that has now been viewed more than 60,000 times. Some of the violent rhetoric is coming from within Congress.

Legislatures Across Country Back Off Pandemic Protocols
Colorado Newsline – Sean Scully | Published: 1/19/2022

Across the nation, lawmakers are gathering for the annual ritual of legislative sessions, which in most states takes up the early months of the year. Unlike recent years, when masks and social distancing were common, if not the explicit rule, in many states hardly anyone would know the country was entering the third year of a pandemic. Even in states where COVID-19 protections do remain in place, the issue has exposed a sharp partisan divide and provoked unrest among lawmakers.

Manchin, Sinema Join with GOP in Rejecting Attempt to Change Filibuster Rules, Effectively Killing Democratic Voting Bill
MSN – Mike DeBonis (Washington Post) | Published: 1/19/2022

The year-long Democratic push for federal voting rights legislation died in the Senate after Republicans blocked an elections bill for the fifth time in six months and Democrats failed to unite their caucus behind a plan to rewrite the chamber’s rules and pass it anyway. The vote amounted to a bitter but unsurprising finale for the Democratic voting rights effort on Capitol Hill, a campaign backed by top party leaders and pushed by key elements of its coalition even as Sens. Joe Manchin and Kirsten Sinema made clear they would not weaken the 60-vote rule, defending it as a tool to protect minority-party rights and promote bipartisanship.

Now with Senate Allies, Spanberger’s Legislation to Ban Members of Congress from Trading Stock Gains Traction
MSN – Meagan Flynn (Washington Post) | Published: 1/17/2022

More than a year since U.S. Rep. Abigail Spanberger first put forth legislation that would ban members of Congress from trading stock, a flurry of action in the Senate has injected some momentum into the proposal. While it is traditionally tough to get Congress to police itself, Spanberger and her co-lead on the legislation, U.S. Rep. Chip Roy (R-Tex.), have built a bipartisan coalition around the issue spanning the ideological spectrum after several stock-trading controversies during the pandemic raised eyebrows.

Supreme Court Rejects Trump’s Request to Withhold Jan. 6 Materials from House Committee Investigating Capitol Riot
MSN – Robert Barnes (Washington Post) | Published: 1/19/2022

The Supreme Court rejected former President Trump’s request to block the release of some of his White House records to a congressional committee investigating the January 6, 2021, attack on the U.S. Capitol. The order turned aside Trump’s request to block the records’ release while the case regarding his assertion of executive privilege continues through the courts. It means there is no legal obstacle to release of the materials from the National Archives and Trump’s lawyers have argued that would make the case moot.

Ted Cruz Finds Friendly High Court Audience in Campaign Finance Challenge
Courthouse News Service – Kelsey Reichman | Published: 1/19/2022

Members of the U.S. Supreme Court’s conservative majority seemed sympathetic to Sen. Ted Cruz in a challenge he brought to a provision of campaign finance law limiting the repayment of federal candidates’ loans to their campaigns. The law places a $250,000 limit on the repayment of personal loans from candidates to campaigns using money from postelection donations. Seeking to test the constitutionality of the law, Cruz lent $260,000 to his 2018 re-election campaign. Cruz says the provision has the effect of deterring the loans. The Biden administration argues Congress intended the provision as an anti-corruption measure.

The Justice Dept. Alleged Jan. 6 Was a Seditious Conspiracy. Now Will It Investigate Trump?
MSN – Matt Zapotosky, Josh Dawsey, Tom Hamburger, and Rachel Weiner (Washington Post) | Published: 1/15/2022

The Justice Department’s decision to charge Oath Keepers with seditious conspiracy makes clear prosecutors consider the attack on the U.S. Capitol part of an organized assault to prevent the peaceful transfer of presidential power. But so far, the department does not appear to be directly investigating the person whose desperate bid to stay in office motivated the mayhem, former President Trump, either for potentially inciting a riot or for what some observers see as a related pressure campaign to overturn the results of the election.

From the States and Municipalities

California – Fired OC District Attorney’s Investigator Who Accused Todd Spitzer of Bribery Gets Job Back in Arbitration
Orange County Register – Tony Saavedra | Published: 1/17/2022

Michael Leb, a fired Orange County district attorney’s office investigator who accused District Attorney Todd Spitzer of “pay-to-play” schemes, won back his job in arbitration. Arbitrator Michael Leb, who concluded the firing process “was tainted. The charges were not proven, and the termination of Tucker was not for reasonable cause.” Tucker will be paid more than a year in back pay. Tucker was fired amid allegations he unilaterally began investigating his suspicions that Spitzer was giving preferential treatment to campaign donors. Tucker also accused Spitzer with colluding with investigation bureau chief Paul Walters to bury the findings.

California – Tech Companies Spend Millions on California Political Gifts
MSN – Don Thompson (Associated Press) | Published: 1/14/2022

Gov. Gavin Newsom solicited donations totaling nearly $227 million from Facebook, Google, and other private California companies and groups to combat the coronavirus pandemic and help run parts of his administration, according to the Fair Political Practices Commission. While California limits the amount of the gifts and campaign contributions to politicians, there are no limits on so-called behested payments. They are reportable only if they are made at the suggestion of a public official to someone else for a legislative, governmental, or charitable purpose, and only if payments from a single source reach $5,000 in a calendar year.

Colorado – Campaign Contributions Didn’t Require Commissioner’s Recusal, Court Rules
Legal Newsline – Daniel Fisher | Published: 1/19/2022

Citing a U.S. Supreme Court decision that established the constitutional boundaries for determining political conflicts-of-interest, a Colorado court rejected claims that Larimer County Commissioner Tom Donnelly should have recused himself from voting on a concrete plant permit because the company’s shareholders contributed several thousand dollars to his campaign. Central to the decision was the Supreme Court’s 2009 decision Caperton v. A.T. Massey Coal Co., which said the due process rights of citizens can be violated in “rare,” “exceptional,” and “extreme” cases where a politician’s vote appears to reflect large campaign contributions.

Colorado – Grand Jury to Investigate Election Tampering Allegations in Mesa County
Canon City Daily Record – Saja Hindi (Denver Post) | Published: 1/13/2022

State and local officials are launching a grand jury investigation into allegations of election equipment tampering and official misconduct in Mesa County, Colorado. Authorities have been investigating a possible security breach in County Clerk Tina Peters’ office after Peters and others allegedly allowed an unauthorized person access to elections equipment. The secretary of state’s office asked Peters to sign a document that placed limits on what she can do for the 2022 elections if she wants to return as clerk, but Peters rejected the offer.

Florida – Florida Governor Proposes Special Police Agency to Monitor Elections
MSN – Lori Rozsa and Beth Reinhard (Washington Post) | Published: 1/18/2022

A plan by Florida Gov. Ron DeSantis would establish a special police force to oversee state elections, the first of its kind in the nation, and while his fellow Republicans have reacted tepidly, voting rights advocates fear it will become law and be used to intimidate voters. The proposed Office of Election Crimes and Security would be part of the Department of State, which answers to the governor. DeSantis is asking the Legislature to allocate nearly $6 million to hire 52 people to “investigate, detect, apprehend, and arrest anyone for an alleged violation” of election laws. They would be stationed at unspecified “field offices throughout the state” and act on tips from “government officials or any other person.”

Florida – Records: Tallahassee strategist helped boost ghost candidates with dark money ad buy
MSN – Samantha Gross (Miami Herald) | Published: 1/18/2022

A longtime political strategist paid for more than $500,000 in misleading mailers promoting no-party candidates in three key Florida Senate races in 2020, according to court records released as part of a public corruption probe. Investigators say the ads were meant to confuse voters to benefit the Republican candidates in the races. The mailers featured messaging on issues that historically appeal to Democrats and promoted no-party candidates who had not actively campaigned. The ads urge voters to “cut the strings” from party-backed candidates.

Georgia – Atlanta Public Corruption Trials to Begin After Four Years, Trump-Related Turnover of Prosecutors
Saporta Report – David Penered | Published: 1/18/2022

The federal prosecution of alleged corruption at Atlanta City Hall appears to be advancing after a delay. There are four upcoming trials that could last through the year, and perhaps longer. Authorities filed indictments against public officials and vendors whose city contracts ranged in the millions of dollars. Former President Trump may have had a role in the prosecution’s delay. Three U.S. attorneys have served in Atlanta in the past year. The fourth prosecutor in line to lead the office is Ryan Buchanan, who was nominated by President Biden and is awaiting Senate confirmation.

Illinois – ‘They All Need Somebody That Does What I Do’; Unsealed affidavit reveals new details in Ald. Edward Burke corruption probe
Yahoo News – Jason Meisner (Chicago Tribune) | Published: 1/14/2022

An FBI search warrant affidavit that led to the 2018 raid on Ald. Edward Burke’s City Hall offices was made public, providing new detail on the hundreds of audio and video recordings made in the corruption case that rocked Chicago politics. The affidavit paints a picture of Burke at the height of his power as chair of the Finance Committee, accusing him of constantly prowling for new business for his private law firm and making repeated offers to grease the wheels at City Hall for those he favored.

Maryland – Baltimore State’s Attorney Marilyn Mosby Indicted on Federal Charges She Lied on Financial Transactions to Buy Homes in Florida
Yahoo News – Justin Fenton (Baltimore Sun) | Published: 1/13/2022

A federal grand indicted Baltimore’s top prosecutor, Marilyn Mosby, on charges of perjury and making false statements with a series of financial transactions that helped her buy a condominium on Florida’s Gulf Coast and another property near Orlando. Mosby is charged with falsely claiming to suffer financial hardship from the coronavirus to obtain an early withdrawal from her retirement savings to purchase the homes. Prosecutors also allege she lied on a mortgage loan application by hiding an outstanding federal tax debt.

Massachusetts – Lyft Makes Largest One-Time Political Donation in Massachusetts History, Fueling Gig Worker Ballot Fight
MSN – Matt Stout (Boston Globe) | Published: 1/18/2022

The coalition pushing petitions that could reshape how gig economy workers are classified in Massachusetts took in the single largest political donation in state history, helping fund a phalanx of consultants, pollsters, and signature gatherers driving the questions toward the ballot. The rideshare giant Lyft gave $14.4 million to a committee supporting the petitions, most of which came in a $13 million donation on December 30. The committee enlisted Conan Harris & Associates, a management consulting firm founded by the husband of U.S. Rep. Ayanna Pressley.

Michigan – Ex-Detroit Councilman André Spivey Gets 2-Year Sentence in Bribery Case
Detroit News – Robert Snell and James David Dickson | Published: 1/19/2022

A federal judge sentenced former Detroit City Councilperson André Spivey to two years in federal prison for receiving almost $36,000 in bribes, part of a sprawling corruption scandal engulfing City Hall and the police department. Spivey received about $36,000 in the scheme from a towing industry figure who was working undercover for the FBI, prosecutors said. Spivey received the money on eight separate occasions during a five-year period ending in 2020, including cash during a secret payoff at his 46th birthday party.

Michigan – Michigan Attorney General Refers Investigation into Fake Republican Electors to Federal Prosecutors
MLive.com – Malachi Barrett | Published: 1/14/2022

Michigan Attorney General Dana Nessel said she gave federal prosecutors the details of a year-long investigation into Republicans who signed false documents asserting former President Trump won Michigan’s Electoral College votes. Sixteen Republicans falsely identified themselves as Michigan’s “duly elected and qualified electors” in unofficial certificates that were sent to federal officials who record the Electoral College vote following the 2020 election. Nessel said federal prosecutors could consider fraud and charges, and her office is still considering whether to bring state-level charges.

Missouri – The Kansas City Star Seeks to Intervene in Independence Suit, Unseal Mayor’s Deposition
Kansas City Star – Kevin Hardy | Published: 1/19/2022

The Kansas City Star asked to intervene in a civil lawsuit in Independence for the purpose of unsealing the sworn testimony of Mayor Eileen Weir. In its motion, The Star argues Weir failed to show any legal cause for sealing her deposition and says its closure is a violation of First Amendment protections. Rules say individuals may seek protective orders “for good cause shown.” The Star argues Weir included no justification, but only referenced the fact that she was the mayor and third parties were seeking copies of her deposition transcript.

Montana – Federal Judge Strikes Down Montana’s Clean Campaign Act
Helena Independent Record – Sam Wilson | Published: 1/18/2022

U.S. District Court Judge Donald Molloy ruled a Montana law that was meant to curb last-minute campaign attacks violates free speech rights. Molloy said the Clean Campaign Act “delays, and sometimes even prevents, political speech on the basis of content.” Montana Citizens for Right to Work sued after the state’s Commissioner of Political Practices found it failed to follow the law’s “Fair Notice” provision by giving candidates a heads-up on negative mailers sent out shortly before Election Day in 2020. It is unclear whether the state will appeal the ruling.

New York – N.Y. Attorney General Outlines Pattern of Possible Fraud at Trump Business
MSN – Jonah Bromwich, Ben Protess, and William Rashbaum (New York Times) | Published: 1/19/2022

New York Attorney General Letitia James accused Donald Trump’s family business of repeatedly misrepresenting the value of its assets to bolster its bottom line, saying in court papers the company had engaged in “fraudulent or misleading” practices. The filing marked the first time the attorney general’s office leveled such specific accusations against the former president’s company. Her broadside ratchets up the pressure on Trump as he seeks to shut down her investigation, which he has called a partisan witch hunt.

Ohio – FirstEnergy Collected $460 Million from Customers; Auditor Unsure If It Was Spent on Bribes
Ohio Capital Journal – Jake Zuckerman | Published: 1/18/2022

There is no clear evidence to show the $460 million that FirstEnergy charged its customers went to its stated purpose of modernizing the electric grid, an audit found. A 2019 Ohio Supreme Court ruling blocked the company from continuing to apply the charge to customer bills. Daymark Energy Advisors, in an audit for the Public Utility Commission sought to follow the money. The audit comes as consumer advocates have demanded answers as to whether FirstEnergy used the funds in its $60 million political bribery scheme it operated.

Ohio – Ohio Supreme Court Invalidates GOP-Approved Congressional Map ‘Infused with Undue Partisan Bias’
Yahoo News – Jessie Balmert and Laura Bischoff (Columbus Dispatch) | Published: 1/13/2022

The Ohio Supreme Court struck down the state’s congressional district map, saying Republicans violated the Ohio Constitution by drawing districts that favored GOP candidates. That violated language overwhelmingly approved by voters in 2018 to prevent a map that unduly favored one party or its incumbents. “When the dealer stacks the deck in advance, the house usually wins,” wrote Justice Michael Donnelly in the court’s opinion.

Pennsylvania – Pa. Legislature’s Redacted Legal Bills Flout Court Ruling, Leave Taxpayers Guessing
Spotlight PA – Angela Couloumbis (Spotlight PA) and Sam Janesch (The Caucus) | Published: 1/11/2022

In May, GOP lawmakers who control the state House and Senate hired the chair of the Republican Party of Pennsylvania to represent them in legal matters at $575 an hour. Within three weeks, Lawrence Tabas and his law firm had charged the chambers more than $36,000 for 78 hours of work, records show. What Tabas did for the Legislature, however, is a mystery. Republican leaders redacted all details about his work from his contract and other public records, continuing a pattern of secrecy surrounding the Legislature’s agreements with private lawyers.

South Carolina – Will 2022 Be the Year for Ethics Reform in South Carolina?
Charleston Post and Courier – Avery Wilks | Published: 1/17/2022

Months after a newspaper investigation exposed how dozens of political officials across South Carolina get away with refusing to pay their ethics fines, state lawmakers appear to be taking action. A Senate committee will soon debate a proposal to ban such officials from seeking reelection unless they pay their penalties, an effort to make politicians take the state’s ethics laws, and the watchdog that enforces them, more seriously. It is one of more than two dozen good government bills lawmakers could consider as they begin their 2022 session.

South Dakota – Investigators Say South Dakota AG Was Untruthful About Crash
Yahoo News – Stephen Groves (Associated Press) | Published: 1/19/2022

Criminal investigators told South Dakota lawmakers they did not believe the state’s attorney general when he told them he never saw the body of the man he fatally struck in a crash in 2020. Investigators said they doubted Attorney General Jason Ravnsborg’s insistence, both in public and in law enforcement interviews, that he initially thought he hit an animal. A House committee is weighing whether Ravnsborg should face impeachment charges for his conduct. He pleaded no contest to a pair of misdemeanors last year and has said he did not realize he struck Joseph Boever until returning to the scene the next day.

Tennessee – Former Tennessee House Speaker Casada and Ex-Aide Subpoenaed Over Faith PAC
Yahoo News – Andy Sher (Chattanooga Times Free Press) | Published: 1/15/2022

The Tennessee Registry of Election Finance moved to subpoena former House Speaker Glen Casada in an effort to audit the Faith Family Freedom Fund, a PAC that spent $7,000 attacking an incumbent lawmaker in 2020. The registry also targeted Casada’s former chief of staff, Cade Cothren, and state Rep. Todd Warner. The fund’s treasurer, Sydney Friedopfer testified she opened the PAC at the request of Cothren, her then-boyfriend. The PAC was used to attack then-Rep. Rick Tillis in the GOP primary race with Warner.

Tennessee – State Officials Fine Nashville Council Member $360K for 36 Campaign Finance Violations
Yahoo News – Cassandra Stephenson (The Tennessean) | Published: 1/13/2022

Nashville Council member Jonathan Hall failed to file multiple mandatory campaign finance reports on time, or at all, during election cycles in 2018 and 2019, according to a letter from the Bureau of Ethics and Campaign Finance. The agency’s counsel, Lauren Topping, said the allegations span 36 individual violations. Of the reports that Hall’s campaign did file, some lack required donor and vendor information and itemized expenses. Some contain unexplained discrepancies deemed “troubling” by Assistant District Attorney General Brian Ewald. Hall is liable for $360,000 in civil penalties in the case.

Texas – Agriculture Commissioner Sid Miller’s Political Consultant Indicted on Charges of Theft, Bribery in Hemp License Scheme
Texas Tribune – Sneh Dey | Published: 1/18/2022

Todd Smith, a top political consultant to Texas Agriculture Commissioner Sid Miller, was indicted on felony charges of theft and commercial bribery related to taking money in exchange for state hemp licenses that are doled out through Miller’s office. Smith and others were accused of soliciting up to $150,000 to get an “exclusive” hemp license from the Department of Agriculture. Smith allegedly said $25,000 would be used for a public poll on hemp. A hemp license from the state costs $100, according to the arrest warrant.

Texas – Election Officials in Texas Reject Hundreds of Ballot Applications Under State;s New Voting Restrictions
MSN – Eugene Scott (Washington Post) | Published: 1/14/2022

Election officials in one of the most populous counties in Texas have rejected about half of the applications for ballots because of the state’s new voting restrictions enacted by Republicans last year. The clerk’s office in Travis County, the fifth-most-populous county and home to the capital of Austin, cited the law’s recent changes to identification requirements in rejecting about half of the 700 mail-in applications. Other county clerk’s offices in the state are also rejecting applications that fail to meet the new standard.

Virginia – Republican Anger, Progressive Concern Combine in Push to Ban Political Spending by Utilities
Virginia Mercury – Sarah Vogelsong and Graham Moomaw | Published: 1/18/2022

Legislative proposals to curb Virginia utilities’ political contributions may be gaining new traction in Richmond as old resentments over a 2015 utility rate freeze law combine with progressive Democrats’ skepticism of utility influence and Republican anger over Dominion Energy’s contributions to a shadowy PAC attacking Gov. Glenn Youngkin during the 2021 elections. Political contributions by utilities have been a hot-button issue in Virginia in recent years largely due to Dominion, the state’s largest electric utility and for many years the biggest corporate donor in state politics.

Virginia – Youngkin’s Cabinet Shares Ties to Fossil Fuels and Energy Companies
Center for Responsive Politics – Jimmy Cloutier | Published: 1/13/2022

Virginia Gov. Glenn Youngkin’s nomination of Andrew Wheeler to be his secretary of natural resources drew backlash from Democratic lawmakers and climate activists, who expressed concern about the onetime lobbyist’s ties to the coal industry and his environmental record under former President Trump. As secretary of natural resources, Wheeler would occupy the state’s top environmental post. Wheeler is not the only nominee or staff member in Youngkin’s incoming administration to share ties to fossil fuel companies and energy providers.

Washington DC – DC Pay-to-Play Law to Take Effect November 2022
JD Supra – Staff | Published: 1/18/2022

The District of Columbia’s long-awaited “pay-to-play” law will take effect on November 9, 2022, after over two years of delay. Under the law, certain entities and individuals will be prohibited from making political contributions to certain government officials. In general, the ban will affect those having or seeking business of $250,000 or more with the city government. The individuals covered generally include senior officers at covered entities.

Wisconsin – Wisconsin Clerks Rush to Rewrite Voting Instructions After Judge Rules Absentee Ballot Drop Boxes Are Illegal
Yahoo News – Patrick Marley (Milwaukee Journal Sentinel) | Published: 1/14/2022

Election clerks around Wisconsin scrambled to rewrite their instructions to voters after a judge ruled absentee ballot drop boxes are not allowed under state law. The ruling by Waukesha County Circuit Court Judge Michael Bohren is likely to be appealed, but for now, clerks are assuming the decision will remain in place. Bohren’s ruling also barred people from returning any absentee ballots other than their own. That means political groups cannot pick up ballots for voters, but also that people cannot return the ballots of their spouses, parents, or neighbors.

National/Federal

Gaetz’s Ex-Girlfriend Appears Before Grand Jury in Sex Trafficking Probe
Seattle Times – Matt Zapotosky (Washington Post) | Published: 1/12/2022

The ex-girlfriend of U.S. Rep. Matt Gaetz appeared before a federal grand jury investigating him for possible sex trafficking of a minor, a signal the probe remains active more than a year after it began. Investigators are exploring whether Gaetz paid for sex in violation of federal sex-trafficking laws and have been interested in his dealings with a 17-year-old girl, people familiar with the matter have said. The appearance of his ex-girlfriend before a federal grand jury is a potentially ominous sign for Gaetz.

Jerome Powell Says the Fed Will Tighten Trading Rules After an Ethics Scandal
New York Times – Jeanna Smialek | Published: 1/11/2022

Jerome Powell, chairperson of the Federal Reserve, told lawmakers at his nomination hearing that the central bank was making changes to rules surrounding financial trades to prevent the kind of eyebrow-raising transactions surrounding three top Fed officials. The Fed has come under fire for allowing officials to trade securities for their own portfolios in 2020, a year in which the Fed was actively saving many asset classes and markets. That included notable trades by two of the 12 regional reserve bank presidents and the Fed’s vice chair.

Judge Mulls Whether Trump’s Silence on Jan. 6 Could Amount to ‘Agreement’ with Rioters
MSN – Josh Gerstein and Kyle Cheney (Politico) | Published: 1/10/2022

Donald Trump’s hours of silence while a violent mob ransacked the Capitol – egged on by his own words and tweets – could be plausibly construed as agreement with rioters’ actions, a federal judge suggested. U.S. District Court Judge Amit Mehta made the analysis as he pressed Trump’s lawyers about their efforts to dismiss a series of lawsuits against the former president seeking to hold him financially liable for inciting the January 6 insurrection.

Justice Dept. Forms New Domestic Terrorism Unit to Address Growing Threat
MSN – Matt Zapotosky and Devlin Barrett (Washington Post) | Published: 1/11/2022

The Justice Department is forming a new domestic terrorism unit. Matthew Olsen, head of the department’s National Security Division, announced the unit before the Senate Judiciary Committee, noting the number of FBI investigations of suspected domestic violent extremists – those accused of planning or committing crimes in the name of domestic political goals – had more than doubled since the spring of 2020. His testimony comes days after the anniversary of the riot at the Capitol, an event some lawmakers say showed the FBI underestimated the threat posed by domestic extremists and violence-prone members of far-right groups.

Kevin McCarthy Rejects Request by House Jan. 6 Committee for Information About Communications with Trump, Mark Meadows
MSN – Jacueline Alemany and Tom Hamburger (Washington Post) | Published: 1/12/2022

The House select committee investigating the January 6, 2021, attack on the U.S. Capitol requested that House Minority Leader Kevin McCarthy voluntarily provide information about his communications with former President Trump and White House Chief of Staff Mark Meadows. Details of those conversations could provide the committee with further insight into Trump’s state of mind at the time, wrote U.S. Rep. Bennie Thompson, the panel’s chairperson. McCarthy said he will not cooperate, arguing in a statement that its “only objective is to attempt to damage its political opponents.”

Pence and Jan. 6 Committee Engage in High-Stakes Dance Over Testimony
Yahoo News – Michael Schmidt and Alan Feuer (New York Times) | Published: 1/10/2022

Since the House select committee investigating the assault on the Capitol was formed last summer, former Vice President Mike Pence’s lawyer and the panel have been talking about whether he would be willing to speak to investigators. But as Pence began sorting through a complex calculation about his cooperation, he is said to have grown disillusioned with the idea of voluntary cooperation. For the committee, Pence’s testimony would be an opportunity to establish how Donald Trump’s pressuring him to block the certification of the 2020 election helped inspire the storming of the Capitol on January 6, 2021.

Rep. Jim Jordan Refuses to Cooperate with Jan. 6 Committee Investigating Capitol Attack
MSN – Annabelle Timsit (Washington Post) | Published: 1/10/2022

U.S. Rep. Jim Jordan is refusing a request to be interviewed by the House select committee investigating the January 6, 2021, attack on the U.S. Capitol by a pro-Trump mob, calling it an “unprecedented and inappropriate demand.” Jordan declined to comply with the request to appear before the panel to discuss his communication with Trump on the day of the assault. Jordan previously said he could not recall how many times he spoke with Trump on January 6 but they spoke at least once.

Schumer Sets Up Final Senate Confrontation on Voting Rights and the Filibuster
MSN – Mike DeBonis (Washington Post) | Published: 1/12/2022

Senate Majority Leader Charles Schumer prepared Democrats for the final phase of a year-long push to pass voting rights legislation, sketching out legislative maneuvers that could launch debate on a pair of stalled bills and force a confrontation over the Senate’s rules in the coming days. The details of the next steps come as President Biden has launched his own aggressive push to convince his fellow Democrats to band together and overhaul the filibuster to overcome strict GOP opposition to voting rights bills.

The Battle to Prevent Another Jan. 6 Features a New Weapon: The algorithm
MSN – Steven Zeitchik (Washington Post) | Published: 1/6/2022

For many Americans who witnessed the attack on the U.S. Capitol last year, the idea of mobs of people storming a bedrock of democracy was unthinkable. For the data scientists who watched it unfold, the reaction was different: we have been thinking about this for a long time. The sentiment comes from a group working in a field known as unrest prediction. The group takes a promising if fraught approach that applies the complex methods of machine-learning to the mysterious roots of political violence. Centered on the developing world, its systems are slowly being retooled with a new goal: predicting the next January 6.

When Lobbyists and Legislators Socialize, Lobbyists Are More Likely to Get What They Want
MSN – Sara Sadhwani, Pamela Lopez, Christian Grose, and Antoine Yoshinaka | Published: 1/12/2022

Lobbying often takes place off Capitol Hill. Whether it is dinner at the Charlie Palmer steakhouse in Washington, or the hosting of public officials at receptions and bars, lobbying in social situations is a key tool of professional advocates. To explore the impact of social lobbying, researchers conducted an experiment in the California Legislature. They say they found interest groups are more likely to get what they ask for when they meet legislators or their staff socially. Much like everyone else, public officials are more easily persuaded in such settings.

From the States and Municipalities

Arizona – Cyber Ninjas, the Firm Behind the Audit in Arizona’s Maricopa County, Says It’s Closing and Letting All Its Employees Go
Business Insider – Cheryl Teh | Published: 1/7/2022

Cyber Ninjas, the company behind the 2020 election audit in Maricopa County, Arizona, said it was closing and letting all its staff go as it faces staggering daily fines for refusing to turn over public record related to the audit. A judge in Arizona said Cyber Ninjas would be fined $50,000 a day if it did not immediately turn over the records. It is unclear how many employees Cyber Ninjas has on its payroll, though LinkedIn lists its company size as two to 10 employees.

California – Former High-Level Lawyer with L.A. City Attorney Agrees to Plead Guilty in DWP Scandal
MSN – Dakota Smith and David Zahniser (Los Angeles Times) | Published: 1/10/2022

A former high-level lawyer in Los Angeles City Attorney Mike Feuer’s office agreed to plead guilty in the federal corruption probe of the Department of Water and Power (DWP) billing debacle, becoming the first staffer under Feuer to do so. Thomas Pierce agreed to plead guilty to one count of aiding and abetting extortion. In his plea agreement, Pierce admitted he threatened to fire one of the city’s outside lawyers unless that lawyer paid off a person who was threatening to reveal damaging information about city lawyers’ handling of the DWP case.

California – What’s Behind the ‘Great Resignation’ of California Lawmakers?
MSN – Ben Christopher (CalMatters) | Published: 1/10/2022

Propelled by approaching term limits, new district lines, and a raft of political opportunities outside the state Capitol, 14 California lawmakers have sought employment elsewhere.  That does not include the seven members, all senators, who are barred from seeking reelection in 2022 by term limits. Some incumbents and lobbyists say this year’s changing of the guard has the potential to shake up the Capitol’s policy-making dynamic.

Colorado – Mesa County Clerk Who Embraced Conspiracy Theories Given 3 Days to Accept Election Security Oversight
Denver Post – Saja Hindi | Published: 1/12/2022

Colorado Secretary of State Jena Griswold wants Mesa County Clerk and Recorder Tina Peters to sign documents saying she will comply with election security protocols that place limits on what she can do before Peters can resume her duties as the county’s designated election official. In October, a judge barred Peters and Deputy Clerk Belinda Knisley from overseeing the 2021 election. Peters has been held up as a prominent figure among election conspiracy theorists who claim the 2020 election was stolen.

Connecticut – Top Prosecutor’s Fate Will Await Completion of Investigation, Judge Says
Connecticut Mirror – Mark Pazniokas | Published: 1/12/2022

The commission with the power to hire and fire top prosecutors in Connecticut is awaiting completion of an investigation of how Chief State’s Attorney Richard Colangelo Jr. came to hire the daughter of a top state budget official while he lobbied the budget office for raises. Colangelo hired Anastasia Diamantis while he was lobbying her father, Kostantinos Diamantis, who was deputy secretary of the Office of Policy and Management before his firing. The state contracted with an outside attorney “to conduct a factual investigation on behalf of the Office of the Governor regarding possible improprieties by state employees and possibly others.”

Delaware – Jury Finds State Sen. Darius Brown Not Guilty of Misdemeanor Charges
Yahoo News – Xerxes Wilson (Delaware News Journal) | Published: 1/6/2022

A jury found Delaware Sen. Darius Brown not guilty of misdemeanor offensive touching and disorderly conduct. The trial saw a woman accuse Brown of hitting her in the head and throwing a glass that shattered in her proximity while they were at a restaurant. Senate President Pro Tempore David Sokola said regardless of whether Brown’s conduct was not criminal, “it remains clear” Brown has been involved in “multiple confrontations in public spaces” over the past year. Sokola said the Senate’s Rules and Ethics Committee will review allegations against Brown in the coming weeks.

Florida – Florida Officials Tried to Steer Education Contract to Former Lawmaker’s Company
Yahoo News – Lawrence Mower and Ana Ceballos (Tampa Bay Times) | Published: 1/11/2022

The Florida Department of Education is under fire for trying to steer a multimillion-dollar contract to a company whose chief executive has ties to the state’s education commissioner. Records and interviews show that before the Education Department asked for bids, it was already in advanced talks with the company to do the work, subverting a process designed to eliminate favoritism. The company is MGT Consulting, led by former lawmaker Trey Traviesa, a longtime colleague of the state’s education commissioner, Richard Corcoran.

Florida – Florida Senate Accuses Lawyer Who Submitted Redistricting Map of Violating Rules
Miami Herald – Mary Ellen Klas | Published: 1/6/2022

The Florida Senate accused a staff attorney for the ACLU of Florida of misinformation after he appeared as a private citizen before a redistricting committee to present a map he had drawn but failed to identify his employer, which had no role in the submission. The Senate changed its rules this year regarding map submissions and now requires anyone who attempts to address legislators in a public meeting to submit a disclosure form that indicates if they are a lobbyist or getting expenses paid. The rules also prohibit lawmakers from considering maps submitted by the public unless a legislator explicitly requested the map in writing.

Florida – FPL Makes Unusual Public Attack on Miami Herald After Solar Power Coverage
MSN – David Ovalle (Miami Herald) | Published: 1/6/2022

Florida Power & Light (FPL) launched an unusual public attack on The Miami Herald and its senior Tallahassee reporter over coverage of the utility company’s lobbying on solar power policy, criticism the newspaper’s top editor called “unfair.” FPL published a piece on its own website criticizing the news organization for not publishing the entirety of an editorial written in response to a Miami Herald story co-authored by Mary Ellen Klas about the company’s role in preparing legislation affecting rooftop solar power generation in Florida. FPL’s post was titled: “Truth Matters: Why is the Miami Herald afraid to let its readers hear opposing voices?”

Georgia – Perdue Sues Over New Georgia Fundraising Law
Yahoo News – Joseph Coi (The Hill) | Published: 1/6/2022

David Perdue’s gubernatorial campaign filed a lawsuit challenging a state law that critics say gives Georgia Gov. Brian Kemp an advantage in the race. Last year, Kemp signed Senate Bill 221 into law, allowing those vying for governor, lieutenant governor, and party leadership roles to create “leadership committees” with no caps on individual campaign contributions. The law also does away with limits on when committees can raise money. Critics have argued it gives incumbent candidates an unfair advantage, as nonincumbent candidates must win a party primary before they can establish a leadership committee.

Idaho – Idaho Statehouse Security: Is the ‘people’s house’ a safe place for the people?
KPVI – Clark Corbin (Idaho Capital Sun) | Published: 1/9/2022

Political organizer Alicia Abbott worries that members of the public will not feel comfortable or safe at the Idaho Capitol, whether it is due to the anger or crowds or lack of COVID-19 protocols like masking and distancing. She is concerned that would rob people of their ability to participate in the legislative process and could limit the perspective of public testimony presented to lawmakers during bill hearings. Abbott is not the only one who is worried about the potential for violence and politics to clash.

Iowa – Republican Leadership Bars Journalists from Iowa Senate Floor, Worrying Press Advocates
MSN – Kim Bellware (Washington Post) | Published: 1/8/2022

Republican leaders in the state Senate told journalists they will no longer be allowed to work on the chamber floor, a change that breaks with a more than 140-year tradition in the Iowa Capitol. The move raised concerns among free press and freedom of information advocates who said it is a blow to transparency and open government that makes it harder for the public to understand, let alone scrutinize, elected officials. The new rule denies reporters access to the press benches near senators’ desks, a proximity that statehouse reporters said is crucial for the most accurate coverage.

Kentucky – Senate Bill Would Block State Contracts If Bidders’ Lobbyists Are Convicted of Crimes
Yahoo News – John Cheves (Lexington Herald-Leader) | Published: 1/10/2022

A Kentucky Senate bill would block state contracts from going to companies for five years after their lobbyists are convicted of crimes related to helping those companies win those contracts. If the language in Senate Bill 46 sounds specific, that is because the sponsor has in mind a particular contract and a particular lobbyist and particular crimes. Sen. Stephen Meredith said he objects to a $51.7 million contract renewal awarded by the Kentucky Personnel Cabinet in 2020 to Cannon Cochran Management Services.

Maryland – Howard County Council Member Outraged by Denial of Matching Campaign Funds, Calling It Political Manipulation
MSN – Katie Long (Baltimore Sun) | Published: 1/12/2022

A technicality in the law resulted in Howard County candidates being denied matching campaign funds this election season. To be eligible for up to $85,000 in matching funds, county council candidates must collect at least $10,000 from at least 125 donations. These funds are only available for candidates in contested races, meaning at least two candidates’ names must appear on the ballot. The rules also state the determination date for when a race is “contested” is six months prior to the state filing deadline. This language is what resulted in the withholding of funds from council member Deb Jung.

Michigan – Judge Tosses GOP Challenge to Exception for Recall Donations
MSN – David Eggers (Associated Press) | Published: 1/6/2022

A federal judge dismissed Republicans’ lawsuit challenging the ability of Michigan Gov. Gretchen Whitmer’s reelection campaign to collect excess donations under an exception for recall attempts, saying they lack the standing to sue. U.S. District Court Judge Janet Neff ruled state GOP Chairperson Ron Weiser and the party failed to show they had suffered a “concrete and particularized injury.” She also said they could have given unlimited amounts to recall committees opposing the Democratic governor but did not. Republicans said they would appeal.

Montana – Montana Conservation Voters Action Fund Facing Fine for Campaign Finance Violations
Helena Independent Record – Nolan Lister | Published: 1/12/2022

Montana Conservation Voters Action Fund is facing a fine for failing to file reports on its spending in municipal elections in Helena, Missoula, and Billings last year. As a registered political committee, the group is permitted to engage in these actions. But it failed to report its expenses as required. “Unfortunately, our vendor failed to submit the required reports related to our work …,” said Jake Brown, the organization’s political director.

New Mexico – New Mexico Ethics Commission to Consider Charges Against Dow
Yahoo News – Robert Nott (Santa Fe New Mexican) | Published: 1/10/2022

The general counsel for the State Ethics Commission recommended a public hearing to determine whether New Mexico Rep. Rebecca Dow, a GOP candidate for governor in the June primary, violated government conduct and financial disclosure rules in connection with her work for a nonprofit she founded, AppleTree Educational Center, a faith-based early childhood education provider. A complaint raised questions about whether Dow accurately disclosed details about her position and salary with AppleTree. It also said there is evidence she may have used her legislative position to advocate for the nonprofit.

New Mexico – Public Financing the Common Factor for Winners of ABQ Campaigns in 2021
Albuquerque Journal – Jessica Dyer | Published: 1/9/2022

Whether Republican or Democrat, incumbent or political newcomer, every candidate who won a position in Albuquerque’s municipal government during the 2021 election cycle had at least one thing in common: all ran for office on the city’s public financing system. But the program that has fueled so many recent election wins also continues to fuel controversy and doubt.

New York – Cuomo Lawyer Fires Warning at Ethics Agency
Albany Times Union – Chris Bragg | Published: 1/12/2022

An attorney representing former Gov. Andrew Cuomo notified New York’s ethics oversight panel that it is to preserve “all evidence and documentation” concerning its efforts to force Cuomo to repay $5.1 million in proceeds from a 2020 book deal. The letter appears to be a warning shot to the Joint Commission on Public Ethics that if the panel continues attempts to force Cuomo to repay the funds that he earned from writing the book, Cuomo will sue. Cuomo will also seek to dig into the panel’s own machinations.

New York – Eric Adams Cuts His Brother’s Duties After Giving Him Top Police Job
New York Times – Dana Rubenstein and William Rashbaum | Published: 1/12/2022

When Mayor Eric Adams named a Virginia parking administrator and retired police sergeant to a top position in the New York Police Department, he said the man had one qualification that no one else there possessed: he was the mayor’s brother. Bernard Adams, 56, a former police sergeant who retired from the force in 2006 after 20 years, has been given one of the most elite jobs in city government: overseeing the unit that will protect the mayor’s physical safety. The mayor’s fundraising tactics have, tested the boundaries of campaign finance and law, and the hiring has amplified concerns that Mayor Adams pays too little heed to ethics.

New York – GOP Sues Over Law Letting Noncitizens Vote in NYC Elections
MSN – Marina Vileneuve (Associated Press) | Published: 1/10/2022

Republicans sued to prevent noncitizens from voting in New York City elections under a new local law that allows more than 800,000 noncitizens and “Dreamers” in New York City to vote in municipal elections as early as next year. They still cannot vote for president or members of Congress or in statewide elections. Republicans said the law violates the state constitution, which says, “every citizen shall be entitled to vote at every election” provided a citizen is at least 18 years old and a “resident of this state” and the locality for 30 days before an election.

New York – Hochul Moves to Scrap Much-Criticized Ethics Agency
Buffalo News – Tom Precious | Published: 1/7/2022

New York Gov. Kathy Hochul proposed reforms for the Joint Commission on Public Integrity (JCOPE). She would get rid of the system by which JCOPE board members are selected. Board members are now chosen by the governor and legislative leaders. Hochul wants a rotating five-member panel of law school deans – or, more likely, their designees – from the 15 state-accredited law schools in New York. Hochul also would scrap the special voting system JCOPE can now employ in which a minority of members can end an investigation. The reconstituted agency would still be the reporting and enforcement entity of the lobbying industry in Albany.

New York – Hochul’s Taxpayer-Funded Air Travel May Violate Ethics Rules
Albany Times Union – Chris Bragg | Published: 1/6/2022

On October 4, Gov. Kathy Hochul flew from Albany to New York City on a state-owned airplane. She went to Brooklyn to sign a bill, then held three campaign-related events before flying back to Albany in the evening. Although a major part of the day was dedicated to Hochul winning a full term in November’s election, her campaign did not reimburse taxpayers for any portion of the day’s travel. During Hochul’s first 45 days in office, on at least three separate days, the governor’s use of state aircraft has raised questions about whether there has been any misuse of taxpayer resources, according to a review of public records.

North Carolina – North Carolina Court Declines to Toss Out GOP-Drawn House Map
Yahoo News – Ally Mutnick (Politico) | Published: 1/11/2022

A North Carolina trial court dealt a setback to Democrats when it declined to strike down Republican-drawn congressional and legislative maps that had been challenged as illegal partisan gerrymanders. The ruling is the latest in a flurry of litigation and court orders muddying North Carolina’s 2022 elections and leaving its political future for the next decade in limbo. The Democratic-aligned plaintiffs who brought the suit immediately said they will appeal to the state Supreme Court, where their party has a narrow majority.

Ohio – Campaign Finance Watchdog Sues FEC Over Ohio Dark Money Group
Ohio Capital Journal – Nick Evans | Published: 1/11/2022

Two years ago, Citizens for Responsibility and Ethics in Washington (CREW) filed an FEC complaint against an Ohio-based “dark money” group called Freedom Vote. Attorneys with the FEC investigated and demonstrated violations occurred but the commission deadlocked. CREW has filed a new complaint, this time against the FEC itself. That is because despite an overwhelming set of evidence, commissioners failed to act against Freedom Vote. The commission deadlocked last November on whether to move forward with any kind of punishment.

Ohio – Ohio’s House Bill 6 Scandal Widened in 2021, but More Is Yet to Come in 2022
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 12/30/2021

Ohio’s House Bill 6 scandal took on a new dimension in 2021, with FirstEnergy Corp. paying a $230 million fine for bribing top state officials, lawmakers passing a partial repeal of the infamous energy law, and ex- House Speaker Larry Householder being kicked out of the Legislature. There is more to come in 2022, as Householder’s upcoming trial on a federal corruption charge, as well as multiple civil lawsuits, are likely to reveal even more scandalous details about the passage of the legislation.

Oregon – Secretary of State Rules Kristof Ineligible to Run for Oregon Governor
Yahoo News – Connor Radnovich (Salem Statesman-Journal) | Published: 1/6/2022

Former New York Times columnist Nicholas Kristof cannot run for Oregon governor because he does not meet the residency requirements to hold office, the secretary of state’s office announced. The state constitution requires a candidate for governor to have been a “resident within this state” for three years prior to the general election. Evidence reviewed by elections officials showed Kristof was instead a resident of New York until late 2020 or early 2021.

Tennessee – Nashville Council Member Jonathan Hall Faces 14 Potential Campaign Finance Violations
MSN – Cassandra Stephenson (The Tennessean) | Published: 1/7/2022

Metropolitan Councilperson Jonathan Hall faces more than a dozen potential campaign finance violations that could lead to an audit or civil penalties. Hall failed to file multiple mandatory financial reports on time, or at all, during election cycles in 2018 and 2019, according to a letter sent from Bureau of Ethics and Campaign Finance Executive Director Bill Young. Of the financial reports that Hall’s campaign did file, some lack required donor and vendor information and itemization of expenses. Some contain unexplained discrepancies deemed “troubling” by Assistant District Attorney General Brian Ewald.

Washington – A Rural Washington School Board Race Shows How Far-Right Extremists Are Shifting to Local Power
Seattle Times – Hannah Allam (Washington Post) | Published: 1/8/2022

In recent years, far-right groups have been moving away from national organizing to focus on building grassroots support, harnessing conservative outrage to influence school boards and other local offices. That effort was stepped up after the attack on the U.S. Capitol left much of the militant right under federal scrutiny and in operational disarray. Eatonville, Washington, is among several rural, conservative parts of the West where members of self-styled militias are making inroads through what researchers call a mix of opportunism and intimidation.

Wisconsin – Supreme Court Clears Way for Liberal Group to Depose Assembly Speaker Robin Vos
Yahoo News – Patrick Marley (Milwaukee Journal Sentinel) | Published: 1/11/2022

The Wisconsin Supreme Court ended Assembly Speaker Robin Vos’ attempt to avoid a deposition, setting the stage for him to take questions under oath over whether he has followed the state’s open records law. He sought to avoid answering questions from the liberal group American Oversight, which has been seeking records of a partisan review of the 2020 election ordered by Vos.

National/Federal

Bureau of Prisons Director to Resign After Scandal-Plagued Tenure During Pandemic
MSN – Brian Pietsch and Matt Zapotosky (Washington Post) | Published: 1/6/2022

Michael Carvajal, the director of the U.S. Bureau of Prisons whose tenure at the agency was marred by scandals and pandemic-induced struggles, will resign after nearly two years in the top position. In November, U.S. Sen. Richard Durbin called on Attorney General Merrick Garland to fire Carvajal after an investigation by the Associated Press found the Bureau of Prisons was a “hotbed of abuse, graft, and corruption [that] has turned a blind eye to employees accused of misconduct.”

Complaint Could Roil DOJ Foreign-Agent Prosecutions
Yahoo News – Josh Gerstein (Politico) | Published: 12/31/2021

A new legal ethics complaint from a businessperson charged in a prosecution involving unregistered foreign lobbying threatens to roil two major cases in the Justice Department’s effort to crack down on foreign influence in the U.S. political system. The complaint was filed with the Justice Department on behalf of Nickie Lum Davis. The submission alleges Public Integrity Section Principal Deputy Chief John Keller acted unethically by negotiating a plea deal with Davis’ attorney at the time, Abbe Lowell, while Keller was investigating Lowell in a separate inquiry into what a judge called a “bribery for pardon” probe.

Ethics Investigators in Congress Increasingly Run into Walls
San Juan Daily Star – Luke Broadwater (New York Times) | Published: 12/30/2021

As U.S. House ethics investigators were examining four cases this fall detailing a sweeping array of improper financial conduct by lawmakers, they ran into an obstacle: two of the lawmakers under scrutiny refused to meet with them or provide documents. The investigators were not surprised. Over the past decade, fewer and fewer House members have been willing to cooperate with congressional investigations, a development that ethics experts warn could reduce accountability for misdeeds and erode trust in the institution of Congress.

Facebook Groups Topped 10,000 Daily Attacks on Election Before Jan. 6, Analysis Shows
Anchorage Daily News – Craig Silverman, Craig Timberg, Jeff Kao, and Jeremy Merrill (Washington Post) | Published: 1/4/2022

Facebook groups swelled with at least 650,000 posts attacking the legitimacy of Joe Biden’s victory between Election Day and the January 6 siege of the U.S. Capitol, with many calling for executions or other political violence. The barrage, averaging at least 10,000 posts a day, turned the groups into incubators for the baseless claims supporters of then-President Trump voiced as they stormed the Capitol, demanding he get a second term. Many posts portrayed Biden’s election as the result of widespread fraud that required extraordinary action, including the use of force, to prevent the nation from falling into the hands of traitors.

Fear, Anger and Trauma: How the Jan. 6 attack changed Congress
MSN – Paul Kane, Mariana Sotomayor, and Jacqueline Alemany (Washington Post) | Published: 1/3/2022

A year after the insurrection at the U.S. Capitol, the House of Representatives can still look like a crime scene. Five metal detectors ring the outer doors to prevent weapons from getting onto the chamber floor. The trauma and fear from last year’s attack continue throughout the Capitol. Some lawmakers and staff continue to receive help from counselors to deal with post-traumatic stress. Shouting matches are common occurrences, with the potential for actual physical confrontation lingering. Interviews revealed a Congress that remains on edge and where worries about more violence are front of mind for many.

Garland: DOJ will hold those responsible for Jan. 6 riot accountable, whether they were present or committed other crimes
MSN – Matt Zapotosky and Devlin Barrett (Washington Post) | Published: 1/5/2022

Attorney General Merrick Garland vowed to hold all those responsible for the January 6 riot accountable, whether they were at the Capitol or committed other crimes surrounding the day’s events, saying investigators are methodically building more complicated and serious cases and would prosecute people “at any level.” Garland’s remarks came as he faces pressure to do and say more about the investigation, and to focus more acutely on the actions of former President Trump and his associates.

GOP Election Reviews Face Battleground State Legal Tests
Yahoo News – Zach Montellaro (Politico) | Published: 1/6/2022

Republicans running partisan reviews of the 2020 election results and Democrats trying to stop them are barreling toward court showdowns in two key swing states. Republican-led legislative chambers in Pennsylvania and Wisconsin are still forging ahead with investigations similar to earlier efforts in states such as Arizona, looking for evidence of fraud or other malfeasance in the vote. Election experts have warned that the reviews are a political vehicle for former President Trump and his followers to launder their conspiratorial beliefs about his loss into the mainstream under the guise of government investigation.

House Panel Asks Sean Hannity of Fox News to Cooperate in Jan. 6 Inquiry
New York Times – Michael Grynbaum and Luke Broadwater | Published: 1/4/2022

The House committee investigating the January 6 attack on the U.S. Capitol has requested that Sean Hannity, the Fox News host, respond to questions about his communications with former President Donald Trump and his staff in the days surrounding the riot. The committee detailed a series of text messages between the conservative host and senior officials in the Trump White House, illustrating Hannity’s unusually elevated role as an outside adviser to the administration. The texts suggest Hannity was aware of, and concerned about, what Trump was planning for January 6, and bracing for a possible mass resignation of top White House lawyers as a result.

Jan. 6 Committee Slams Trump Bid for Supreme Court Detour on Records Subpoena
Courthouse News Service – Kelsey Reichmann | Published: 12/30/2021

The committee investigating the January 6 riot at the U.S. Capitol urged the Supreme Court to deny a last-ditch effort from former President Trump to block congressional oversight of his records from the day. The opposition brief notes it was Trump who invited his supporters to the nation’s capital for an event and then encouraged them to march on the Capitol building, after the failure of his other efforts to overturn the 2020 election. Pointing to the landmark 1977 case that forced disclosure of the Nixon tapes, the committee contends Trump has only personal disagreement with the accurate application of precedent by the lower courts.

Nonfungible Tokens the New Fad for Campaign Fundraising
MSN – Gopal Ratnam (Roll Call) | Published: 1/4/2022

Some candidates are offering nonfungible tokens (NFTs) as part of their campaign fundraising. NFTs are a type of digital asset that may include things like posters, book covers, and sports cards and are identified by a unique code. Unlike cryptocurrencies, NFTs cannot be used in commercial transactions. Just as candidates seeking to raise money have always tapped into the hype of new technologies, the fascination with NFTs may be driven by its novelty, said Josh White of Vanderbilt University. If candidates allow donors to pay for NFTs using cryptocurrency, then it could open the door to campaign contributions from unknown donors, White said.

PAC Giving Continues to Give Some Companies Pause
MSN – Kate Ackley (Roll Call) | Published: 1/5/2022

After the violent attack on the Capitol one year ago, dozens of corporate PACs made the unusual move of turning off their political donations. Most resumed their giving within months. But a few will withhold donations to the 147 Republican members of Congress who voted against certifying Joe Biden’s victory in the Electoral College, at least through the 2022 midterm election cycle. The companies may be relying on other avenues of political influence, such as outside lobbyists to build connections with those members and their aides.

They Stormed the Capitol. Now They’re Running for Office.
Politico – Brittany Gibson | Published: 1/5/2022

The Jan. 6 storming of the Capitol is remembered as one of the darkest and most shameful episodes in American history. But at least 57 individuals who played a role in that day’s events – either by attending the rally that preceded the riots, gathering at the Capitol steps, or breaching the Capitol itself – are now running for elected office. Rather than disqualifying them from public service, the events appear to have served as a political springboard for dozens of Republicans who will be on the ballot this year for federal, state, and local offices.

Twitter Permanently Suspends Rep. Marjorie Taylor Greene’s Personal Account Over Covid-19 Misinformation
Yahoo Finance – Yelena Dzhanova and John Dorman (Business Insider) | Published: 1/2/2022

Twitter permanently suspended U.S. Rep. Marjorie Taylor Greene’s personal account for spreading COVID-19 misinformation. Only weeks after assuming office, Greene was stripped of her committee assignments, an extraordinary move taken by the Democratic-controlled House after Greene promoted a range of conspiracy theories and endorsed political violence on social media.

From the States and Municipalities

Alabama – 2-Week Campaign Fundraising ‘Blackout’ Starts Tuesday
Alabama Daily News – Mary Shell | Published: 1/6/2022

January 11 is the start of the legislative session in Alabama and a short “blackout” window in which candidates for state office cannot raise funds while lawmakers are meeting in Montgomery. In theory, the window keeps sitting legislators from accepting money while they are voting on bills. In practice, it now only covers about two of the possible 15 weeks of session. “It’s just stupid,” Rep. Mike Ball, chairperson of the House Ethics and Campaign Finance Committee, said about the blackout.

Alaska – Alaska Legislative Ethics Committee Tells Eagle River Lawmaker to Stop Blocking Critics on Facebook
Anchorage Daily News – James Brooks | Published: 12/27/2021

An Alaska legislative ethics committee concluded Sen. Lora Reinbold violated state law by blocking a critic from commenting on her legislative Facebook page. In part because the Legislature has not updated its social media policies since 2011, the committee recommended no punishment. The complaint was filed by Rick Sinnott, a retired Fish and Game biologist who challenged Reinbold’s statements about COVID-19 but saw those comments removed and himself banned from her page.

Arizona – Arizona Secretary of State’s Online Signature-Gathering System Breaks After Redistricting
Tucson Sentinel – Jeremy Duda (Arizona Mirror) | Published: 1/5/2022

Voters who want to sign online petitions and the candidates who need those signatures to get their names on the ballot this November are being thwarted by a glitch in the Arizona secretary of state’s system caused by the redistricting process. In counties that are overseeing springtime municipal elections, the glitch likely will not be fixed until nearly the deadline for candidates to file signatures so they can appear on the ballot.

Arizona – GOP Officials in Arizona’s Largest County Confirm 2020 Election Was Secure in Rebuttal to Trump Claims
MSN – Rosalind Helderman (Washington Post) | Published: 1/5/2022

The November 2020 election in Arizona’s largest county was administered properly and not marred by fraud, the Republican-led local government concluded in a report. The document debunks, one by one, vague allegations of potential problems previously identified by the GOP-led state Senate and championed by former President Trump and his allies. Maricopa County officials said the rebuttal, released on the eve of the anniversary of the January 6 attack on the U.S. Capitol, was intended to highlight the ongoing dangers of unfounded claims of mass election fraud.

California – San Diego Publishes a Beginner’s Guide to Participating in City Lawmaking
San Diego Union Tribune – Morgan Cook | Published: 12/31/2021

Do you want to get involved in making and changing laws in San Diego, but are not sure how? There is a brochure for that. The city created “Making a Difference: A Beginners Guide to Affecting Municipal Laws in the City of San Diego” to help residents participate in local government. The pamphlet is available on the city clerk’s website. Included in the guide is information about lobbying rules, making public comments at council and committee meetings, and suggesting ballot proposals.

Colorado – Failed Colorado Congressional Candidates Still Have Lots of Campaign Money. Here’s Why.
Durango Herald – Jesse Paul and Sandra Fish (Colorado Sun) | Published: 12/28/2021

When U.S. Sen. Cory Gardner of Colorado lost his 2020 reelection bid, his campaign still had $1.2 million in the bank. Nearly a year later, most of the money was still there. Gardner’s leftover campaign cash is not unusual, however. When a candidate ends a congressional bid, they can choose to close their accounts or keep the money with an eye toward the future and sometimes another campaign, which the dollars can be used toward. Political consultant Tyler Sandberg said there is no uniform reason campaigns keep their leftover cash. “But people don’t leave that money out there for no reason – there’s always a strategy behind it,” Sandberg said.

Delaware – New Law Could Give Campaign Finance Scofflaws a Big Break
MSN – Randall Chase (Associated Press) | Published: 12/27/2021

Delaware election officials have failed to act as mandated by law against candidates and committees who have not filed required campaign finance reports, but the scofflaws could escape liability under a new law that became effective January 1. Candidates and committees owed more than $623,000 in fines for failing to file campaign finance reports on time. The Department of Elections appears to have done little to collect the outstanding fines or to enforce the reporting requirements. The new law eliminates the mandatory $50 daily fine and instead says the commissioner “may” issue a citation.

Delaware – Sen. Darius Brown’s Criminal Trial Starts Wednesday After Misdemeanor Arrest in May
Yahoo News – Sarah Garland (Delaware News Journal) | Published: 1/5/2022

The trial of Delaware Sen. Darius Brown began in a case that has revealed inconsistencies in how lawmakers are treated and could end Brown’s legislative career. Delaware State Police charged Brown with offensive touching and disorderly conduct after police said the senator punched an acquaintance and threw a glass of water in a restaurant. In the General Assembly, Brown has faced multiple punishments for the arrest and a separate incident where he allegedly got into a verbal altercation with Rep. Melissa Minor-Brown. The Senate plans to conduct its first ethics inquiry in 35 years into Brown’s behavior.

Florida – Clearwater Art Exhibit Used Trash to Make a Point, Then Questions Arose
Yahoo News – Tracey McManus (Tampa Bay Times) | Published: 1/4/2022

Citizens can visit nine locations throughout Clearwater to see garbage transformed into art. Lina Teixeira, a city council candidate, organized the exhibit, in which she and eight others created artwork using cigarette butts, plastic bottles, and other trash that had been collected during a community-wide cleanup. But the project also created an ethical mess. Teixeira received a $6,000 grant from the Downtown Development Board. She said her portion covered a fraction of her costs to install and market the exhibit. “As a city council candidate, does her request to use city facilities as display sites represent a conflict of interest?” Clearwater cultural affairs coordinator Chris Hubbard asked City Attorney David Margolis in an email.

Florida – Gov. Ron DeSantis Moves Jacksonville News Conference After Protest and Handcuffing of Community Leader
Yahoo News – Dan Scanlan (Florida Times-Union) | Published: 1/4/2022

Florida Gov. Ron DeSantis had to make new arrangements for his recent news conference in Jacksonville after a handful of people protested and refused to leave the Duval County Department of Health building. Activist Ben Frazier was detained by officers after being warned he was trespassing if he would not leave as asked. He was handcuffed and escorted from his motorized wheelchair to a patrol vehicle. The governor’s staff said the event was private and for credentialed media only.

Florida – Miami-Dade Prosecutors Target Prominent Political Consultants in Sham Candidate Case
Bakersfield Californian – Samantha Gross, Ana Ceballos, and David Ovalle (Miami Herald) | Published: 1/5/2022

Prosecutors appear to be targeting prominent Republican and Democratic operatives in Florida for potential criminal charges stemming from a 2020 Miami-Dade County election scheme marked by sham candidates. The criminal case is focused on whether former Sen. Frank Artiles paid an auto-parts dealer who shared the same surname as the Democratic incumbent more than $40,000 to run as a no-party candidate in the race for Senate District 37 to “confuse voters and influence the outcome” of the 2020 election, according to his arrest affidavit.

Hawaii – Former Solar Executive Will Head Ethics Commission
Honolulu Civil Beat – Stewart Yerton | Published: 1/3/2022

Robert Harris, a former Sierra Club director and corporate lawyer, was selected executive director and general counsel of the Hawaii State Ethics Commission. For the past eight years, Harris has been the director of public policy at Sunrun, a solar energy company.

Illinois – As Federal Case Still Orbits Madigan, What’s Next for the ComEd Bribery Probe?
Bloomington Pantagraph – Jason Meisner (Chicago Tribune) | Published: 1/3/2022

It is Illinois’ biggest federal corruption investigation in years, but the most remarkable thing about the Commonwealth Edison (ComEd) bribery probe in 2021 might be what did not happen. At the beginning of the year, Michael Madigan, the then-powerful House speaker whose grip on the General Assembly was exposed as “Public Official A” in the ComEd scandal and again in a postelection indictment of a key player and others alleging ComEd paid bribes to win his influence. With the grand jury investigation still open, 2022 is certain to bring more speculation over whether Madigan will ever be charged. He has repeatedly denied wrongdoing.

Indiana – These Special Interest Groups Spend the Most on Lobbying Indiana Lawmakers
Indianapolis Star – Tony Cook | Published: 1/3/2022

Special interests spent more than $115 million over the past five years on lobbying to influence the Indiana General Assembly. The biggest spenders have a deeply vested financial interest in what happens at the Capitol. The biggest spender was telecommunications giant AT&T. The phone and internet service provider spent more than $1.7 million on lobbying over the past five years.

Kentucky – Convicted Former Top KY Democrat Makes a Case for U.S. Supreme Court Consideration
Lexington Herald-Leader – Austin Horn | Published: 12/31/2021

A month after he reported to prison, prominent businessperson and former Kentucky Democratic Party chief Jerry Lundergan asked the U.S. Supreme Court to consider overturning his conviction for illegally funneling $200,000 to his daughter’s political campaign. The petition states the federal ban on corporate contributions is unconstitutional when applied to donations from a close family member, as Lundergan gave the money to his daughter Alison Lundergan Grimes in her 2014 challenge against U.S. Sen. Mitch McConnell.

Maryland – Omicron Scrambles Lawmakers’ Pre-Session Fundraisers
Maryland Matters – Josh Kurtz | Published: 1/3/2022

For Maryland lawmakers, there is always a fundraising scramble in early January leading up to the start of the General Assembly session, when a 90-day blackout on raising money kicks in for state legislators, the governor, lieutenant governor, attorney general, and comptroller. According to lists of political events supplied by three Annapolis lobbying firms, at least 55 fundraisers for state lawmakers are on tap, including one hours before the annual legislative session begins on January 12. But COVID-19 has changed everything.

Michigan – Feds Demand Ex-Detroit Councilman Spivey Get Stiff Prison Sentence
Detroit News – Robert Snell | Published: 1/5/2022

Prosecutors said former Detroit City Councilperson André Spivey should spend more than three years in federal prison for pocketing more than $35,000 in bribes and sacrificing the best interests of city residents. They asked that Spivey be sentenced to 40 months for receiving bribes from a towing industry official who was seeking favors and trying to buy the council member’s vote. He received the money on eight separate occasions during a five-year period. Spivey is the highest-ranking person convicted in an ongoing crackdown on public corruption within city government and the police department.

Michigan – Ungerrymandered: Michigan’s maps, independently drawn, set up fair fight
MSN – Nick Corasaniti (New York Times) | Published: 12/29/2021

One of the country’s most gerrymandered political maps has suddenly been replaced by one of the fairest. A decade after Michigan Republicans gave themselves seemingly impregnable majorities in the state Legislature by drawing districts that heavily favored their party, a new independent commission approved maps that create districts so competitive that Democrats have a chance of recapturing the state Senate for the first time since 1984. The work of the new commission stands in contrast to the type of hyper-partisan gerrymandering that has swept much of the country, and it may highlight a potential path to undoing such gerrymandering.

New Mexico – Ethics Agency Calls for Firmer Disclosure Laws
Yahoo News – Dan McKay (Albuquerque Journal) | Published: 1/2/2022

The New Mexico Ethics Commission is recommending increased transparency requirements for lobbyists, such as disclosure of what bills they are working on and the provisions they are advocating for or against. State lawmakers, a handful of whom are married to lobbyists, would also have to disclose before voting if any family member lobbied on a bill. The commission is also proposing that lawmakers release more information about their sources of income and business relationships. the recommendations are designed to shed more light on potential conflicts at the Capitol.

New York – Hochul Charts New York’s Recovery in First State of State Speech
New York Times – Luis Ferré-Sadurní and Grace Ashford | Published: 1/5/2022

In her first State of the State address, Gov. Kathy Hochul outlined her vision for shepherding New York through its recovery from the coronavirus pandemic, while vowing to open a new chapter of ethical, more transparent government. Hochul faces a contested Democratic primary in June, her first election since she unexpectedly ascended to the state’s highest job after former Gov. Andrew Cuomo resigned in August. She positioned herself as a champion of good government, proposing to overhaul the state ethics commission.

New York – Internal Strife Engulfs New York’s Ethics Panel
Albany Times Union – Brendan Lyons | Published: 12/30/2021

The internal strife within the New York Joint Commission on Public Ethics (JCOPE) follows years of criticism by many lawmakers, and some commissioners, about its alleged unwillingness to pursue meaningful investigations of top government officials, including former Gov. Andrew Cuomo. Gov. Kathy Hochul has suggested the panel needs to be disbanded and replaced by an ethics body whose members are not appointed by the governor or other top lawmakers.

New York – Over 4 Months, Hochul’s Office Discloses No Meetings with Lobbyists
Albany Times Union – Chris Bragg | Published: 12/28/2021

In the four months since Kathy Hochul became governor of New York, a public database, Project Sunlight, has not listed a single meeting between her administration and interests seeking to influence policymaking. Lobbyists themselves, however, reported having more than 200 instances of directly lobbying Hochul’s office on behalf of various interests in September and October that concerned regulations, rate making, and procurement – all topics covered by a 2011 disclosure law.

New York – Trump, Ivanka, Don Jr. Subpoenaed in New York AG’s Probe
Yahoo News – Michael Sisak (Associated Press) | Published: 1/3/2022

The New York attorney general’s office subpoenaed former President Trump and his two eldest children, Ivanka and Donald Trump Jr., demanding their testimony in an investigation into the family’s business practices. Attorney General Letitia James’ office said the subpoenas are part of a civil probe involving matters including “the valuation of properties owned or controlled” by Trump and his company. Lawyers for the Trumps filed court papers to block the subpoenas, accusing James of attempting to obtain testimony that could then be used against the Trumps in a parallel criminal investigation being overseen by Manhattan District Attorney Alvin Bragg.

North Dakota – AG Opinion Gives Clarification to North Dakota Ethics Panel
Bismarck Tribune – Jack Dura | Published: 12/30/2021

North Dakota Attorney General Wayne Stenehjem concluded that a crucial section of the state constitution’s ethics amendment appears constitutional. His opinion gives clarification to the state Ethics Commission on its path in making rules for conflicts-of-interest. The language deals with state officials avoiding the appearance of bias and disqualifying themselves from “quasi-judicial” proceedings, such as members of the Public Service Commission, when campaign contributions create a perceived bias. It takes effect in 2022.

Ohio – From Pancaking and Coingate to ECOT and House Bill 6: 50 years of Ohio public corruption cases
Yahoo News – Laura Bischoff (Columbus Dispatch) | Published: 12/29/2021

Ohio is embroiled in the biggest public corruption case in state history and the largest open inquiry in any statehouse in the country. In June 2021, lawmakers expelled Larry Householder from his legislative seat, nearly a year after he was charged in a federal racketeering case. Householder, who was investigated by federal authorities two decades ago during his first stint as speaker, has pleaded not guilty. The racketeering case is expected to go to trial in 2022. But he is far from the first public official to be embroiled in scandal.

Pennsylvania – Pa. Court Rules Against Former Pittsburgh Councilwoman Darlene Harris in Campaign Finance Case
Pittsburgh Tribune-Review – Paula Reed Ward | Published: 12/28/2021

A state appellate court ruled former Pittsburgh City Councilperson Darlene Harris must pay fines levied against her for failing to file financial disclosure reports during her campaign in 2019. The Commonwealth Court found the $4,150 fine levied against Harris was not excessive and was properly authorized. The ordinance, enacted by the city in 2015, requires candidates for office to provide a campaign finance report on the first business day of each of three months leading up to Election Day.

Rhode Island – GOP Rhode Island Lawmaker Under Fire for Suggesting She Lost a Black Friend to Critical Race Theory
The Day – Timothy Bella (Washington Post) | Published: 12/29/2021

Rhode Island Rep. Patricia Morgan is facing backlash after suggesting critical race theory cost her a friendship. “I had a Black friend. I liked her and I think she liked me, too,” tweeted Morgan. “But now she is hostile and unpleasant. I am sure I didn’t do anything to her, except be White.” The tweet was met with criticism from state Republicans and Democrats who called her comments “ignorant and embarrassing.” Her message also spawned the hashtag #IHadAWhiteFriend, with commenters giving serious and satirical examples of the gap in shared experiences between Black and White people.

South Carolina – Eyeing Corruption Scandals, Gov. McMaster Puts Ethics on the Agenda for 2022
Greenwood Index-Journal – Avery Wilks (Charleston Post and Courier) | Published: 1/5/2022

South Carolina Gov. Henry McMaster wants to beef up a pair of watchdogs that investigate government misconduct, make the state’s scandal-scarred sheriffs attend ethics training, and shine more light on special interests that secretly influence city and county councils. The governor will package those proposals into his soon-to-be-unveiled executive budget, calling on lawmakers to spend some $3.4 million more per year on measures meant to repair South Carolinians’ faith in their government.

National/Federal

A Retired Colonel’s Unlikely Role in Pushing Baseless Election Claims
MSN – Alan Feuer (New York Times) | Published: 12/21/2021

After President Biden’s inauguration, a former Army colonel with a background in information warfare appeared on a Christian conservative podcast and offered a detailed account of his monthslong effort to challenge the validity of the 2020 vote count. Phil Waldron told a story that was almost inconceivable: how a cabal of bad actors, including Chinese Communist officials, international shell companies, and the financier George Soros, had conspired to hack into U.S. voting machines in a “globalist/socialist” plot to steal the election. The postelection period gave fringe players an opportunity to find an audience in the White House.

Black Lawmakers Threaten to Cut Off K St Unless It Diversifies
Yahoo News – Hailey Fuchs and Laura Barrón-López (Politico) | Published: 12/19/2021

Members of the Congressional Black Caucus are calling on the lobbying industry to diversify its offices in Washington, D.C. or risk losing their support. K Street has found itself scrambling in recent years to up its representation of employees of color. But the threats from Black lawmakers to stop meetings with certain firms represents one of the most aggressive attempts to force K Street to change from within. The increasing power and sheer size of the Congressional Black Caucus in the Democratic Party makes it a formidable political force on and off Capitol Hill.

Democratic Push on Voting Rights Becomes More Urgent as Midterms Approach
MSN – Theodoric Meyer (Washington Post) | Published: 12/22/2021

Senate Democrats not only failed to push their social spending bill over the finish line before the Christmas holidays. They also fell short on another of the party’s top priorities this year: approving a landmark package of voting rights measures. While Democrats argue the changes are critical to safeguarding democracy, strategists in both parties say the package could also reshape the battle for control of the House next year, potentially bolstering Democrats’ chances of hanging onto their majority in a year when Republicans have the edge.

GOP Agrees to Pay Up to $1.6 Million of Trump’s Legal Bills in N.Y. Probes
MSN – David Fahrenthold and Josh Dawsey (Washington Post) | Published: 12/16/2021

The Republican Party agreed to pay up to $1.6 million in legal bills for former President Trump to help him fight investigations into his business practices in New York. Paying Trump’s legal bills is a highly unusual move, longtime party observers and members say, because the spending has nothing to do with promoting the GOP’s policy agenda or political priorities, dealing with ongoing party business or campaigning – and relates to investigations that are not about Trump’s time as president or his work in the White House.

House Jan. 6 Committee Requests Information from and Meeting with GOP Rep. Jim Jordan About His Contact with Trump
MSN – Felicia Sonmez and Eugene Scott (Washington Post) | Published: 12/22/2021

The House committee investigating the January 6 attack on the Capitol by a pro-Trump mob is seeking information from U.S. Rep. Jim Jordan, one of former President Trump’s staunchest allies on Capitol Hill. Jordan has previously said he cannot recall how many times he spoke with Trump on January 6 but that they spoke at least once. In addition, a federal judge denied a motion by Michael Flynn, Trump’s former national security adviser, for a temporary restraining order against the select committee over subpoenas it has issued against him.

Judge Rejects Fox News Request to Dismiss Dominion Voting’s Defamation Lawsuit Over Election Claims
MSN – Timothy Bella (Washington Post) | Published: 12/17/2021

A judge rejected a request from Fox News to dismiss a $1.6 billion defamation lawsuit from Dominion Voting Systems over baseless claims made against the company during the 2020 presidential election, allowing the suit to move forward. Superior Court Judge Eric Davis said it was “reasonably conceivable” for the voting-machine company to have a defamation claim. Dominion claims some of its highest-profile on-air talent helped elevate false charges that the company had changed votes to favor Joe Biden over then-President Trump.

Lead Capitol Riot Charge Is Constitutional, Judges Find
MSN – Rachel Weiner (Washington Post) | Published: 12/20/2021

Three federal judges agreed that the most serious charge faced by those accused of participation in the January 6 riot at the U.S. Capitol, obstruction, is constitutional, a victory for the Justice Department and a blow to the defendants fighting those accusations. Without that felony charge, prosecutors would be left with only minor charges against many they view as playing a major role in the riot. The Justice Department has avoided charges of sedition, a rarely used law, and not all those accused of acting as key instigators were seen assaulting police officers.

Meadows Contempt Vote Poses Thorny Questions for DOJ
MSN – Rebecca Beitsch and Harper Neidig (The Hill) | Published: 12/20/2021

The House vote to hold Mark Meadows in contempt has presented the Department of Justice with the question of whether to prosecute the former White House chief of staff, forcing it to weigh the major legal and political consequences that could come with breaking from longstanding executive branch policy. The department’s stance has been to support testimonial immunity for the president’s close advisers when faced with congressional subpoenas. Charging Meadows with contempt would represent a departure from that historical trend and poses more complicated considerations for the department than its decision to prosecute Steve Bannon.

Proud Boy Pleads Guilty to Felony Charge in Capitol Riot
MSN – Rachel Weiner (Washington Post) | Published: 12/22/2021

A New York man who was a member of the Proud Boys pleaded guilty to obstructing Congress and conspiring to obstruct law enforcement during the January 6 riot. The plea to the felony charge is significant because Matthew Greene admitted coordinating with other New York-based members of the extremist group at the front of the Capitol mob, although there is no evidence that he entered the building. Greene is the first self-admitted member of the Proud Boys to plead guilty in a felony conspiracy case stemming from the riot.

Rep. Scott Perry Calls Jan. 6 Panel ‘Illegitimate,’ Refuses to Cooperate
MSN – Chris Marquette (Roll Call) | Published: 12/21/2021

U.S. Rep. Scott Perry Rep. said he would not cooperate with the January 6 select committee’s investigation, a move that forces the panel to grapple with how it will extract information it seeks from a sitting member of Congress. The panel said it was interested in the role Perry played in an unsuccessful attempt to install Jeffrey Clark as acting attorney general. Clark, a former assistant attorney general for environment and natural resources, met with Trump and other White House officials to consider ways the election results could be overturned.

Senate GOP Feels Another Trump Effect: The rise of celeb candidates
Yahoo News – Marianne Levine and Sarah Ferris (Politico) | Published: 12/23/2021

The most reliable springboard to the U.S. Senate used to be House experience – before Donald Trump vaulted from reality television to the White House. Some Republicans see his path as a blueprint for winning back the Senate. This campaign cycle, the GOP is coalescing around former football star Herschel Walker in Georgia and signaling an openness to surgeon and TV host Mehmet Oz in Pennsylvania. Many in the GOP are welcoming the development.

You Can Draw Your Own Congressional District
Politico – Ally Mutnick | Published: 12/22/2021

In a quirk of the decennial redistricting season, state legislators, who are in charge of drawing new maps, can draw a district for themselves or for their friends. The process is already inherently self-interested as lawmakers routinely draw maps for the benefit of their party, but in some cases, these politicians are working in their literal self-interest. Such moves can spur accusations of foul play from political rivals, and do not always work out as expected. And with more scrutiny than ever on the process, these acts are possibly becoming harder to pull off.

From the States and Municipalities

California – Ex-S.F. Public Works Director Nuru Pleads Guilty to Federal Fraud Charge
MSN – Michael Cabanatuan (Sam Francisco Chronicle) | Published: 12/17/2021

Mohammed Nuru, San Francisco’s former public works director whose tenure was ended by a federal corruption probe that snowballed into numerous prosecutions against city officials and contractors, pleaded guilty to honest services wire fraud. In the plea agreement, Nuru admitted to an extensive list of instances in which he accepted money, international trips, expensive jewelry and wine, and other goods and services from city contractors and developers in exchange for preferential treatment and confidential information about city business.

California – LA Commissioner Lobbied CAO to Support His Company’s $3 Million COVID-19 Testing Contract
Los Angeles Daily News – Scott Schwebke | Published: 12/16/2021

An embattled Los Angeles fire and police pensions commissioner who rejected allegations he improperly lobbied city officials to approve a $3 million COVID-19 testing contract for his company pitched his proposal directly to City Administrative Officer Matt Szabo, who signed off on the no-bid contract in September. Dr. Pedram Salimpour maintained he was not engaged in the review or vetting process for the testing contract awarded to PPS Health, which does business as Bluestone Safe. But more than a dozen emails obtained by the Southern California News Group paint a different picture of Salimpour’s efforts to win the contract for Bluestone.

Colorado – Hawaiian Fundraiser Prompts Campaign Finance Complaint against Attorney General
Colorado Public Radio – Bente Birkeland | Published: 12/22/2021

A complaint alleging Colorado Attorney General Phil Weiser broke the state’s campaign finance laws will move forward, after the secretary of state’s office deemed it to be non-frivolous and said the allegations show one or more potential violations. The complaint argues Weiser failed to properly document a fundraiser he attended in Hawaii at the Waldorf Astoria Grand Wailea Maui Resort.

Colorado – Unite for Colorado Bankrolled Almost Every Major GOP Effort Last Year
ReInvestment News – Sandra Fish and Jesse Paul (Colorado Sun) | Published: 12/22/2021

A conservative political nonprofit that does not disclose its donors funded almost every major Republican political group and effort in Colorado last year, according to a tax document that for the first time reveals the breadth of the organization’s influence. The document also now ties Unite for Colorado to some of the state’s most well-known and active conservative political consultants and operatives. The Colorado Secretary of State’s Office recently fined Unite for Colorado $40,000 and ordered it to disclose its 2020 donors after it spent $4 million to support or oppose three statewide ballot initiatives.

Florida – Documents Show FPL Wrote Bill to Slow Rooftop Solar’s Growth by Hampering Net Metering
MSN – Mary Ellen Klas and Mario Ariza (Miami Herald) | Published: 12/20/2021

Rooftop solar power generation in Florida is still a nascent industry, but Florida Power & Light (FPL), the nation’s largest power company, is pushing to hamstring it by writing and hand-delivering legislation the company asked state lawmakers to introduce. FPL, whose work with “dark-money” political committees helped to secure Republican control of the state Senate in the 2020 elections, asked Sen. Jennifer Bradley to sponsor its top-priority bill: legislation that would hobble rooftop solar by preventing homeowners and businesses from offsetting their costs by selling excess power back to the company, an arrangement known as net metering.

Florida – Two Education Department Leaders Resign After Investigation, Conflict of Interest
Florida Politics – Jason Delgado | Published: 12/22/2021

Two Florida Department of Education employees resigned in November after an investigation unearthed a plan to pursue a state contract for a company they managed. Vice Chancellor of Strategic Improvement Melissa Ramsey and State Board Member Richard Tuck sent a proposal to the Education Department after it asked 25 vendors for quotes on a bid to take over operations at Jefferson County Schools. Ramsey and Tuck applied to the request under the banner of Strategic Initiative Partners, though not among the 25 vendors solicited by the department.

Illinois – ComEd Offers $21 Million Refund to Customers to Confront ICC Probes into Bribery Scheme. Watchdog Calls It ‘Chump Change.’
MSN – Ray Long (Chicago Tribune) | Published: 12/17/2021

Commonwealth Edison (ComEd) is proposing a one-time $21 million refund to ratepayers for lobbying misconduct associated with its efforts to influence former Illinois House Speaker Michael Madigan and advance its Springfield agenda. The amount of the refunds is mostly tied to pay and benefits received by former ComEd executives whose misconduct was outlined in the deal struck with federal prosecutors last year in which the utility agreed to pay a $200 million fine. Watchdog Abe Scarr called the proposed refund “chump change” for a company that is soon expected to collect $1 billion a year in profits and may not offer the credit until 2023.

Illinois – Cook County Ethics Ordinance Slated for Biggest Overhaul in 15 Years, but Some Experts Want More
MSN – Alice Yin (Chicago Tribune) | Published: 12/15/2021

Cook County supervisors approved changes to its ethics ordinance that some experts on best practices say falls short on eradicating “pay-to-play” politics. The bill would make strides in tightening up rules on sexual harassment and nepotism as well as bolstering powers of the body that enforces the code. But it would double the cap on political contributions from those who do business with the county. Ethics experts also raised concerns over how a two-year delay in passing a new ordinance allowed Springfield to preempt the county from enacting stricter rules, particularly around lobbying.

Kentucky – A Handful of Companies Dominate Road Work in Kentucky. The State Looks the Other Way.
Kentucky Center for Investigative Reporting – Jacob Ryan and Jared Bennett | Published: 12/21/2021

Kentucky officials awarded nearly 2,300 road work contracts between 2018 and 2021. The transportation cabinet is exempt from following the state’s procurement code, instead following a bidding system experts say allows a few large companies to avoid competition for jobs. As a result, more than $2 billion in current work is controlled by a dozen companies, who often are the sole bidder on the contracts they are awarded. More than half of the 782 single-bid contracts were awarded for a price above the state estimate, whereas 85 percent of multiple-bid contracts were below state estimates.

Maryland – Baltimore County Council Greenlights Fair Election Fund with Spending Caps
Yahoo News – Taylor DeVille (Baltimore Sun) | Published: 12/20/2021

Candidates for local office in Baltimore County will now have a new financing tool at their disposal after the county council passed an amended bill authorizing a public financing program. The council amended the bill to impose caps on how much candidates using the fund may spend and to revise requirements for qualifying candidates. The legislation would require candidates for council and county executive to meet different eligibility qualifications and seeks to encourage candidates to ask more donors to give smaller amounts of money.

Maryland – Maryland’s New Congressional Map Draws First Legal Challenge
Yahoo News – Pamela Wood (Baltimore Sun) | Published: 12/22/2021

Maryland’s new map of congressional districts is facing its first legal challenge, a lawsuit brought by a dozen Republicans, including two who are hoping to be elected to Congress. In the lawsuit, they argue the new districts meander around the state in ways that divide communities to give Democrats an advantage at the ballot box. They are asking the state courts to throw out the new map and substitute a map drawn by a commission appointed by Gov. Larry Hogan, at least temporarily until the General Assembly can adopt a better map.

Michigan – FBI Arrests Retired Detroit Cop Amid Corruption Crackdown
Detroit News – Robert Snell | Published: 12/16/2021

FBI agents arrested a former Detroit Police detective in connection with a bribery, extortion, and fraud investigation targeting Detroit City Hall, law enforcement, and municipal towing operations. The arrest of Mike Pacteles marks the latest expansion of “Operation Northern Hook,” a broader FBI investigation of public corruption within Detroit city government. The investigation and prosecution  led to criminal charges against four Detroit police personnel and former city Councilperson André Spivey, who pleaded guilty to bribery charges.

Michigan – Whitmer Campaign Complaints on Plane Flights, Fundraising Dismissed
Detroit News – Beth LeBlanc | Published: 12/21/2021

Gov. Gretchen Whitmer did not violate campaign finance laws when she accepted contributions above the state fundraising limit because she was facing recall efforts, Michigan Secretary of State Jocelyn Benson’s office said. But the Michigan Bureau of Elections said it would welcome a request to revisit and potentially revise the policy. Benson’s office also ruled Whitmer’s use of campaign funds to charter a private flight to visit her father in Florida this spring was not a campaign finance violation because it was for her physical safety.

Missouri – Free Speech Violation? Ex-Missouri Rep Sues Because He’s Banned from Being a Lobbyist
MSN – Jeanne Kuang (Kansas City Star) | Published: 12/17/2021

A former lawmaker is suing the Missouri Ethics Commission over the state’s two-year ban on lawmakers becoming lobbyists, arguing the law prohibits his freedom of speech and requesting it be blocked. Former Rep. Rocky Miller alleges his inability to register as a lobbyist to serve a prospective client was denying him income. He also argues that because the two-year restriction “bans (him) from saying certain things, backed by the threat of criminal prosecution,” it is unconstitutional.

New York – Attorney General Cites Problems with Ethics Panel’s Order to Cuomo
Albany Times Union – Brendan Lyons | Published: 12/16/2021

The state attorney general’s office sent a letter to the Joint Commission on Public Ethics (JCOPE) contending the panel did not issue a valid order when it voted to have former Gov. Andrew Cuomo surrender the $5.1million he was paid to write a book last year about his administration’s early handling of the coronavirus pandemic. JCOPE had directed the governor to turn over the proceeds of his publishing deal to the attorney general’s office, which the panel said could then redistribute the funds according to law, including potentially returning the money to the publisher.

New York – Hochul Ready to Rev Up Ethics Overhaul to Clean Up After Cuomo, Senate Ally Says
The City – Josepha Velasquez | Published: 12/15/2021

State Sen. Liz Krueger said she has been working with New York Gov. Kathy Hochul’s office to revamp the Joint Commission on Public Ethics (JCOPE), an effort she expects the governor to announce in her annual State of the State address. Krueger is the sponsor of a bill that would replace the largely governor controlled JCOPE with a more independent government integrity commission that would have the power to initiate investigations and even remove non-elected officials from their jobs. Hochul has not yet hinted at her gameplan, which could include measures short of a total teardown.

New York – Lobbyists Helped Hochul Raise $10M. What Are They Getting Back?
Albany Times Union – Chris Bragg | Published: 12/23/2021

After becoming governor of New York in late August, Kathy Hochul has raised campaign money at among the fastest clips in state history – $10 million in three months. When major lobbying firms have sought to have fundraisers, the governor’s campaign has requested they commit to raise $250,000 for events where Hochul appears in person. The lobbying firms raise the money from their clients, who then attend the events. They are often exclusive to the lobbying firm and those clients, who gain a few minutes interacting with the governor.

North Carolina – Appeals Court: Rev. Barber removed from General Assembly in 2017 for his volume, not words
WRAL – Staff | Published: 12/21/2021

Former state NAACP leader Rev. William Barber’s defense that he used free speech during a 2017 protest at the Legislative Building is not relevant to his conviction for second-degree trespassing, and the verdict will stand, according to the court of appeals for North Carolina. Barber and others were charged with second-degree trespassing for refusing to leave the Legislative Building after they were told to go by General Assembly Police. Barber defended himself, saying the constitution says citizens have a right to assemble and instruct their lawmakers. But the appeals court ruled the case was not about free speech.

North Dakota – Environmental Group Calls Out Conflicts of Interest on North Dakota Energy Board as $160M Funding Approved
Fargo Forum – Adam Willis | Published: 12/20/2021

An environmental group is calling out a new arm of the North Dakota government for allegedly mismanaging its conflicts-of-interest when it convened to recommend more than $160 million in state funds for fossil fuel-sector grants and loans. The Dakota Resource Council raised concerns about the handling of conflicts on the Clean Sustainable Energy Authority in a letter sent to the state Ethics Commission and Gov. Doug Burgum, in which the organization asked for more stringent rules regulating such conflicts in the future.

Ohio – Cuyahoga County’s Consultant in Search for New Jail Is Also Listing Agent for Preferred Site
MSN – Kaitlin Durban (Cleveland Plain Dealer) | Published: 12/20/2021

Cuyahoga County’s real estate consulting firm, tapped to identify locations for the site of its new jail, is also the listing agent for one of the final properties under consideration. The relationship raises concerns about conflicts-of-interest in a multimillion-dollar project that members of a committee meant to oversee the process worry is now devolving into “chaos” and unilateral decisions that could undermine their work.

Ohio – Ex-Ohio Legislative Candidate Fined $50,000 for Failing to Report Campaign-Finance Expenses
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 12/16/2021

The Ohio Elections Commission fined an ex-legislative candidate $50,000 for failing to report more than $290,000 in campaign-related expenses. Allen Freeman, a township trustee from Clermont County, tried to get the case dismissed after he liquidated his account, arguing that because the committee had been dissolved, it could not be found liable. But the commission found Freeman misstated his campaign finances by reporting spending just $14,000 on his failed 2020 campaign for state representative, even though public records show his campaign bought roughly $118,000 in television ads.

Ohio – Ohio Job and Family Services Employee Cut Off Relative’s Unemployment Benefits After Fight
MSN – Jessie Balmert (Columbus Dispatch) | Published: 12/16/2021

A Department of Job and Family Services employee cut off her relative’s unemployment benefits following a fight, according to an Ohio Inspector General’s report. Customer service representative Quenise Barnes improperly accessed a relative’s pandemic unemployment assistance 10 times in May and eventually cut off that person’s benefits. The relative reported a fight had occurred with Barnes on May 7 and she subsequently turned off the person’s benefits, citing “fraud.”

Oklahoma – The Jump from Political Staffer to Lobbyist Isn’t a Far One, at Least in Oklahoma
Yahoo News – Ben Felder (Oklahoman) | Published: 12/19/2021

It is not uncommon for elected officials in Oklahoma to become paid lobbyists once they leave office and there is no state law that prevents it. But there is also no ban on former state employees from becoming lobbyists, which is another pathway for public officials to take their knowledge to the private sector. The state Ethics Commission voted twice in recent years to establish “cooling off” laws that would ban public officials from moving straight into a lobbying job. But each time those rules were voted down by the state Legislature.

Oregon – Competing Measures Could Muddy Oregon’s Campaign Finance Debate
OPB – Dirk VanderHart | Published: 12/20/2021

After they came to an impasse over how Oregon should crack down on money in politics, left-leaning organizations are signaling they might just fight it out at the ballot box. Two groups that are often aligned filed dueling ballot measure proposals for how to place limits on the state’s permissive campaign finance laws. Six separate ideas for cracking down on political giving in the state have now been floated for the November 2022 ballot. Many, if not most, will die before they reach voters, but even two competing measures next year could create confusion that advocates have been hoping to avoid.

Oregon – How Much Did Interest Groups Shape Oregon’s New Legislative Districts? Here’s Why It’s Tough to Say
MSN – Hillary Borrud (Portland Oregonian) | Published: 12/16/2021

Lobbyists for unions and at least one industry-affiliated group used sophisticated data analysis to calculate how proposed legislative districts in Oregon would impact Democrats’ and Republicans’ chances in future elections and shared that information with lawmakers. Other outside groups did the same, according to testimony in a redistricting lawsuit, and practically none of that is required to be disclosed to the public. The lack of transparency around the forces at play in shaping how Oregonians’ votes will count during the next decade is a result of both how the state handles redistricting, and the state’s limited lobbying disclosure requirements.

Pennsylvania – ‘Glaring Giant Loophole:’ Philly Council members have to report who pays them, but not their spouses
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 12/23/2021

Unlike lawmakers in other cities and states, as well as members of Mayor Jim Kenney’s administration, Philadelphia City Council members are not required to disclose their spouses’ sources of income. The issue of paying members’ spouses is expected to be central in the corruption trial of Councilperson Kenyatta Johnson. Prosecutors have accused him of accepting a bribe in the form of charter school consulting work for his wife in exchange for helping a group in his district secure a zoning change. The potential for Johnson to take official action to secure work for his wife also surfaced in the corruption trial this fall of Councilperson Bobby Henon.

South Carolina – Former Richland County Recreation Director Facing Ethics Charges Over Raises, Promotions
Charleston Post and Courier – Stephen Fastenau | Published: 12/16/2021

South Carolina’s Ethics Commission will decide whether a former Richland County recreation chief broke the law by signing off on family members’ raises and promotions. A hearing on the ethics charges was held after James Brown III was cleared of criminal charges related to his tenure. Brown, the head of the Richland County Recreation Commission until his resignation in 2016 amid allegations of nepotism and sexual harassment, faces six counts of violating state ethics laws meant to ensure public officials do not use their position for personal gain.

Texas – Former Houston Schools Trustee Kept a ‘Bribe Ledger’ Listing $20,000 in Illegal Payoffs, Feds Say
Houston Public Media – Paul DeBenedetto | Published: 12/17/2021

A former Houston Independent School District trustee and board president agreed to cooperate with the federal government for her role in an alleged scheme in which prosecutors say she kept a “bribe ledger” to keep track of $20,000 in payments from a contractor, part of an investigation that also led to the indictment of the district’s former chief operating officer. Rhonda Skillern-Jones used her role at the district to push for the hiring of a landscaping contractor who was later at the center of an alleged illegal kickback scheme.

Washington – Tim Eyman in Default, Assets to Be Sold to Satisfy $5.4 Million Debt
Seattle Times – David Gutman | Published: 12/23/2021

Tim Eyman, the serial initiative filer and conservative provocateur who owes the state of Washington more than $5 million after years of “particularly egregious” campaign finance violations, is in default and staring at the court-ordered sale of his assets. Eyman is under a court-ordered plan requiring him to make monthly $10,000 payments to pay down his fine and other fees. He has missed his last four monthly payments. A judge ordered his bankruptcy case shifted to Chapter 7, which means the court appoints a trustee who will be responsible for selling Eyman’s assets and distributing the proceeds to his debtors.

Wisconsin – ‘A Real Conflagration’: Wisconsin emerges as front line in war over the 2020 vote
MSN – Rosalind Helderman and Josh Dawsey (Washington Post) | Published: 12/16/2021

A legislative-backed investigation into the 2020 election results in Wisconsin headed by a former state Supreme Court justice has picked up steam in recent weeks. The inquiry makes little pretense of neutrality and is being led by figures who have shown allegiance to Donald Trump or embraced false claims of fraud. In a state that is likely to see some of the nation’s most competitive races in 2022 for governor and U.S. Senate, there are now multiple efforts underway to scrutinize how the last election was run, including a recommendation by a county sheriff to prosecute and jail state election officials.

National/Federal

A New Lawsuit Accuses the FEC of Failing to Investigate Russia’s ‘Coordination’ with the 2016 Trump Campaign
Yahoo News – C. Ryan Barber (Business Insider) | Published: 12/8/2021

A pair of advocacy groups sued the FEC, alleging the agency has failed to act on a complaint against the Russian government and the 2016 Trump presidential campaign alleging violations of campaign finance law. They argue the FEC’s delay has potentially deprived the American public of information that was not revealed during Robert Mueller’s investigation into Russian interference. They noted Mueller’s work and separate congressional investigations but said those inquiries, “pursuing different angles for different purposes and with different mandates, have not focused on bringing transparency to campaign financing – the FEC’s mandate.”

Agency Overseeing Trump’s D.C. Hotel Lease Failed to Examine Ethical, Constitutional Conflicts, Report Says
NBC News – Rebecca Shabad | Published: 12/15/2021

The federal agency managing the government’s lease of the Trump International Hotel in Washington, D.C. failed to examine ethical conflicts and constitutional issues posed by then-President Trump’s refusal to divest from the property. The House Committee on Transportation and Infrastructure’s report found the General Services Administration did not track foreign government payments to the hotel or identify the origins of more than $75 million in loans made by Trump and his family to shore up its troubled finances.

Big Law Firms Promised to Punish Republicans Who Voted to Overthrow Democracy. Now They’re Donating to Their Campaigns
Yahoo News – Andy Kroll (Rolling Stone) | Published: 12/9/2021

In the aftermath of the January 6 insurrection, some of the country’s biggest law firms joined blue-chip corporations and other industry trade groups by halting all political donations and rethinking their giving strategy. But major law firms in Washington have resumed donations to those Republicans whose support for election-fraud theories and refusal to certify posed a threat to democracy. The law firms donated through their in-house PACs, which allow the firm to donate to a candidate’s campaign, a party-wide political committee, or a leadership committee that politicians use to raise money they can later spend to help reelect their allies.

Congress and Top Capitol Hill Staff Have Violated the STOCK Act Hundreds of Times. But the Consequences Are Minimal, Inconsistent, and Not Recorded Publicly.
MSN – Camila DeChalus, Kimberly Leonard, and Dave Levinthal (Business Insider) | Published: 12/15/2021

Congress has an inconsistent method for collecting fines from members and top staff who break a law designed to stop insider trading and conflicts-of-interest. Business Insider’s investigation of financial disclosures found 49 members of Congress and at least 182 of the highest-paid Capitol Hill staffers were late in filing their stock trades during 2020 and 2021. The lack of transparency makes it impossible to independently determine whether STOCK Act lawbreakers truly face consequences, and if so, to what degree. It is a situation that ethics experts say leaves the public in the dark, lets Congress off the hook, and renders the law toothless.

Democrats Introduce Bill to End Political Spending by Foreign-Owned Corporations
MSN – Karl Evers-Hillstrom (The Hill) | Published: 12/14/2021

House Democrats reintroduced a bill that would block foreign-owned corporations from spending company funds to influence U.S. elections. The bill would extend the federal ban on political donations from foreign nationals to multinational companies that are at least partially owned by foreign nationals. Following the U.S. Supreme Court’s Citizens United decision that allowed corporations to spend unlimited sums to influence elections, some American subsidiaries of foreign-owned companies have made large donations to super PACs.

House ‘Democracy’ Bill Would Cap Executive Power, Expand Disclosure
MSN – Kate Ackley (Roll Call) | Published: 12/9/2021

Seeking to avoid a repeat of the scandal-plagued Trump presidency, House Democrats approved a bill almost entirely along party lines that would put new limits on executive branch power and subject presidential candidates to more disclosure. The Protecting Our Democracy Act would require presidents, vice presidents, and anyone running for those offices from a major political party to disclose their tax returns. It also would toughen the fines for executive branch officials who violate the Hatch Act, which prohibits nearly all such employees from engaging in campaign activities in their official capacity, among other provisions.

House Votes to Hold Meadows in Contempt for Refusing to Comply with Jan. 6 Committee Subpoena
MSN – Mariana Alfaro and Jacqueline Alemany (Washington Post) | Published: 12/14/2021

The House voted to hold former White House chief of staff Mark Meadows in criminal contempt of Congress for defying a subpoena issued by the bipartisan committee investigating the deadly January 6 attack on the U.S. Capitol by a pro-Trump mob.  The resolution was approved with just two Republicans, Reps. Liz Cheney and Adam Kinzinger, joining Democrats in voting “yes.” The matter now goes to the Justice Department, which will decide whether to pursue the contempt referral. Contempt of Congress is a misdemeanor criminal offense that can result in up to one year in prison and a fine of up to $100,000.

Luxembourg Adopts Watered-Down Lobby Register
Luxembourg Times – John Monaghan | Published: 12/13/2021

Luxembourg adopted a register which will show which lobbyists have been meeting parliamentarians after years of discussion and pressure from the European Commission to act, although the bill contains several exemptions and no apparent system of checks. The legislation requires anyone wishing to meet a deputy to register their intention to do so, regardless of the location of the meeting. Responsibility for registration falls to the lobbyist, not the deputy.

Manchin Cites a Blind Trust to Justify Climate Votes. But Much Income from His Family’s Coal Company Isn’t
MSN – Michael Kranish and Anna Phillips (Washington Post) | Published: 12/13/2021

In U.S. Sen. Joe Manchin’s West Virginia home county, his family’s business has made millions of dollars by taking waste coal from long-abandoned mines and selling it to a power plant that emits air pollution at a higher rate than any other plant in the state. That enterprise could have taken a hit under a key part of President Biden’s climate agenda. But Manchin played a central role in killing that proposal. Contrary to his public statements, documents filed by the senator show his blind trust is too small to account for all his reported earnings from the coal company, as of his latest financial disclosure report.

Members of Congress Play Campaign Pundit All the Time. But Are They Any Good at It?
MSN – Jim Saska (Roll Call) | Published: 12/16/2021

A fundamental question in American politics is how a candidate can convince some of their neighbors and a lot of strangers to vote for them. Roll Call asked members of Congress who had eked out a narrow win or flipped a seat what the factors were that led to their victories. Several trend lines emerged. In an era where seemingly everything is viewed through partisan lenses, party affiliation did not seem to influence anyone’s responses. Most focused on convincing voters they were all on the same side.

Now in Your Inbox: Political misinformation
Yahoo News – Maggie Astor (New York Times) | Published: 12/13/2021

Lawmakers’ statements on social media and cable news are now routinely fact checked. But email – one of the most powerful communication tools available to politicians, reaching up to hundreds of thousands of people – teems with unfounded claims and largely escapes notice. Politicians have always exaggerated and dissemble, including in their email dispatches. But the volume, the baldness, and the reach of the false claims have increased. Both parties delivered heaps of hyperbole in their emails, but Republicans included misinformation in about 15 percent of their messages, compared with about two percent for Democrats.

Redistricting Is Drying Up Competitive Congressional Races
MSN – Michael Macagnone (Roll Call) | Published: 12/15/2021

Advancements in data science and long-term shifts in how Americans vote are making swing districts increasingly rare. State Legislatures and commissions control the redistricting process for most of the country. So far, 20 states have finished redrawing their congressional maps, which have produced only a handful of competitive U.S. House seats. Political parties burned by recent wave elections may have gotten skittish about drawing risky seats. Ken Kollman, a political science professor at the University of Michigan, said a House map with many competitive seats would mean a party could win a few from the other side, or totally wipe out.

Text Messages to Meadows Renew Focus on Trump’s Inaction During Jan. 6 Attack
MSN – Amy Wang (Washington Post) | Published: 12/14/2021

Newly released text messages that were sent on January 6 to Mark Meadows, a former chief of staff in the Trump White House, have put a renewed focus on President Trump’s failure to act quickly to stop the insurrection at the U.S. Capitol as it was unfolding, despite real-time pleas from lawmakers, journalists, and even his eldest son. At least half a dozen people reached out during the riot to Meadows to ask – in some cases, beg – Trump to intervene.

The Judges Drawing America’s Political Maps
Yahoo News – Ally Mutnik (Politico) | Published: 12/13/2021

Between reforms aimed at reducing politics in redistricting, dysfunction in states where both parties have some control and the reduced role of the federal judiciary in policing gerrymandering, state Supreme Courts are playing a greater role than ever as mapmakers or traffic cops that could swing the fortunes of some 120 congressional seats in next year’s midterms. Across the country, these courts are poised to be outsized political players. While some of these judges campaign for their position, many of them are appointed, meaning the decisions come from the hands of unelected arbiters.

Trump Tax Records Can Be Released by Treasury Department to House, Judge Rules
MSN – Spencer Hsu (Washington Post) | Published: 12/14/2021

A federal judge rejected former President Trump’s long-running effort to block the Treasury Department from turning over his tax records to the House Ways and Means Committee but put the ruling on hold pending an expected appeal. U.S. District Court Judge Trevor McFadden, a former Trump Justice Department official appointed to the court in 2017, said even if the former president’s attorneys were correct that House Democrats wanted his records only to expose them for political gain, they were “wrong on the law.”

Trump White House Records Can Be Released in Jan. 6 Probe Pending Supreme Court Review, Appeals Court Rules
MSN – Spencer Hsu and Ann Marimow (Washington Post) | Published: 12/9/2021

A federal appeals court rejected former President Trump’s bid to keep his White House documents secret from a congressional committee investigating the January 6 attack on the Capitol, setting up an emergency U.S. Supreme Court review. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit unanimously upheld a lower court’s opinion, which said in a dispute between a current and past president over whether to release White House records, the sitting president must prevail.

Canada

Canada – Judge Upholds Ontario Rules Limiting Third-Party Election Advertising Spending
Global News – Paola Loriggio (Canadian Press) | Published: 12/8/2021

An Ontario judge upheld the province’s restrictions on third-party election advertising, ruling the measures do not infringe on voters’ right to meaningfully participate in the election process. The Working Families Coalition challenged the rules on grounds that they infringe on the right to vote by limiting the ability of third parties to share information on matters of public policy for a year before an election. But Ontario Superior Court Justice Ed Morgan found the rules meet the legal requirement to allow for broad and egalitarian participation in the campaign.

From the States and Municipalities

California – City Employees Solicit Funds for Garcetti-Backed Charity. Ethics Experts Have Concerns
Yahoo News – Dakota Smith (Los Angeles Times) | Published: 12/15/2021

Employees in Eric Garcetti’s office play a key role in creating programs for the Mayor’s Fund for Los Angeles, a charity that pays for civic programs. They also seek funding during the course of their jobs and use their city emails – in some cases from companies that do business with the city. Such solicitations are allowed because they are made in support of a charity and not a political campaign. Some ethics experts, however, say the city needs to be more transparent about solicitations sought by city employees, or restrict them altogether.

California – Former DWP Chief Information Security Officer Agrees to Plead Guilty to Lying to Authorities
MSN – Dakota Smith (Los Angeles Times) | Published: 12/13/2021

A top executive who worked on security operations at the Los Angeles Department of Water and Power (DWP) agreed to plead guilty to one felony charge of making false statements. Former Chief Information Security Officer David Alexander lied to the FBI about a job offer that he “secretly solicited” in return for helping pass contract money to a lawyer, prosecutors said. Alexander used his role at Southern California Public Power Authority, a group of several utilities, including the DWP, to help give a $17-million contract focused on cybersecurity work to three companies.

Colorado – Major ‘Dark Money’ Nonprofit Ordered to Reveal Its Donors in Colorado
Colorado Public Radio – Andrew Kenny | Published: 12/9/2021

Unite for Colorado, a “dark money” group that spent $4 million on signature gathering and digital advertisements for statewide ballot measures in 2020 was ordered to pay a $40,000 fine and to divulge their donors. Critics argued Unite for Colorado crossed the line between nonprofits and political groups by spending so heavily – and was so closely involved in politics – that it should have registered as a political issue committee and reported more detail on its financial activities.

Colorado – Weiser’s Fundraiser in Hawaii Draws Complaint
Denver Gazette – Christopher Osher | Published: 12/9/2021

Following a fundraiser at an exclusive resort in Hawaii, Colorado Attorney General Phil Weiser is facing a complaint accusing him of violating the state’s campaign finance laws. Defend Colorado filed a formal complaint alleging the Democratic attorney general did not pay the full cost of his campaign’s use of the Grand Wailea Grand Dining Room at the Grand Wailea Maui. The group also accused him of using the event to cozy up to corporate lobbyists.

Florida – Nikki Fried Mired in Ethics Dispute Over Her Finances
MSN – Gary Fineout (Politico) | Published: 12/9/2021

Florida Agriculture Commissioner Nikki Fried, one of the leading Democratic nominees for governor, is coming under fire for her failure to promptly report how much lobbying money she made prior to taking office. The Florida Commission on Ethics voted unanimously that there is probable cause Fried, who was an attorney and lobbyist, violated state law by failing to properly disclose income from her lobbying business. Just days before she began her campaign for governor this year, she amended two separate financial disclosure forms, including one showing previously unreported earnings of $351,480.

Florida – The Coffee Shop at This Non-Profit Florida Hospital Pours Cash into Political Coffers
Miami Herald – Kirby Wilson | Published: 12/14/2021

For the past three years, the Starbucks at Tampa General Hospital’s main campus has been making large campaign contributions to a select group of Florida candidates. It does this even though Tampa General operates as a 501(c)(3) nonprofit. Federal law prohibits it from giving money to candidates. House of Coffee Tampa, which owns the coffee shops inside two Tampa General properties is a for-profit corporation. That means it can make campaign contributions.

Georgia – Georgia Appeals Judge Agrees to $25,000 Fine in Ethics Case
MSN – Associated Press | Published: 12/9/2021

A suspended Georgia Court of Appeals judge agreed to pay a $25,000 fine to settle ethics charges he spent campaign funds for personal use. The Government Transparency and Campaign Finance Commission voted to approve a consent decree with Judge Christian Coomer. A complaint accused Coomer, a former state House member, of transferring money from his old legislative campaign account to financially prop up his former law firm between 2015 and 2019. Commission staff said it was the largest fine ever against a Georgia judge in an ethics case.

Illinois – Illinois Moves to Prohibit ‘Dark Money’ in Judicial Races, but It’s Unclear What Effect That Will Have on State’s Free-Spending Campaigns
MSN – Dan Petrella (Chicago Tribune) | Published: 12/8/2021

With the balance of power on the Illinois Supreme Court at stake in next year’s election, Democrats who control Springfield took steps this fall aimed at curbing the influence of outside money in a state that holds the record for the nation’s most expensive judicial race. Gov. J.B. Pritzker signed a bill that bans judicial candidates from receiving campaign money from out-of-state contributors and groups that do not disclose their donors. One of the state’s leading campaign finance experts said the new law likely will do little to stem the tide of cash from powerful interests trying to influence who sits on the state’s highest court.

Kansas – Kansas AG’s Natural Gas Well Presents Possible Conflict of Interest as He Investigates Industry
Kansas Reflector – Alison Kite | Published: 12/14/2021

Kansas Attorney General Derek Schmidt has a financial interest in the sale of natural gas, prompting calls for him to disclose more information about his earnings as he investigates gas companies. Schmidt is investigating whether companies raised natural gas prices, which increased by as much as 200 times almost overnight in February, in violation of Kansas consumer protection law and will consider whether to pursue litigation. At the same time, Schmidt, who is running to unseat Democratic Gov. Laura Kelly, could be receiving thousands of dollars a year in income from his own natural gas well in the state.

Maryland – Maryland Gov. Hogan’s Campaign Pays Fine for Accepting Excess Donations
MSN – Pamela Wood (Baltimore Sun) | Published: 12/15/2021

Maryland Gov. Larry Hogan’s campaign paid a $2,500 fine for accepting political donations above the state’s limits. The campaign did not immediately provide a total number and dollar amount of the excess contributions, but it has been sending money back to donors and updating prior campaign finance reports for the last few years. Under Maryland law, donors may not give more than $6,000 to a candidate over each four-year election cycle.

New York – Cuomo Advisors Used Campaign Aide to Dig Up Dirt on an Accuser Who Was Running for Office, Records Show
CNBC – Brian Schwartz | Published: 12/9/2021

Former New York Gov. Andrew Cuomo’s closest advisors used a campaign aide to seek potentially damaging information on Lindsey Boylan, who has accused him of sexual harassment. Melissa DeRosa, who was the top aide to the governor, told investigators about the effort to find the information and potentially plant a negative story about Boylan during a probe into Cuomo’s alleged sexual harassment of former aides and associates. DeRosa told investigators she believed Boylan was working together with other prominent New York politicians to bring down Cuomo.

New York – De Blasio Violated Fundraising Ethics Rules Even After Warning – Yet Mayor Faced No Penalty
The City – Yoav Gonen | Published: 12/8/2021

New York City Mayor Bill de Blasio violated ethics rules twice by hitting up real estate industry players for donations to a nonprofit he created to boost pet projects, but he got away with just warning letters. The Conflicts of Interest Board cited de Blasio in 2014 for personally soliciting $150,000 in donations from people or entities with business before the city. He kept making similar fundraising calls, asking for contributions from James Capalino, a lobbyist who had helped his campaign for mayor. The board noted de Blasio also failed to provide a disclaimer to potential donors that their giving would not influence any decision making.

New York – Ethics Panel Demands Cuomo Repay $5M
Albany Times Union – Chris Bragg | Published: 12/14/2021

The Joint Commission on Public Ethics (JCOPE) will require former New York Gov. Andrew Cuomo to return the proceeds from his book about his response to the coronavirus pandemic. The order came after JCOPE voted to rescind the approval it had given Cuomo before he entered into the $5.1 million book deal. JCOPE staff approved the deal when his counsel told the commission that Cuomo agreed to not use any state personnel or resources to produce his book and he would write it “entirely on his own time.” But complaints surfaced that state property, resources, and personnel were used to prepare, write, edit, and publish the book.

New York – Trump Fraud Inquiry’s Focus: Did he mislead his own accountants?
Yahoo News – William Rashbaum, Ben Protess, and Jonah Bromwich (New York Times) | Published: 12/14/2021

As prosecutors in Manhattan weigh whether to charge Donald Trump with fraud, they have zeroed in on financial documents he used to obtain loans and boast about his wealth. The documents, compiled by Trump’s longtime accountants and known as annual statements of financial condition, could help answer a question at the heart of the long-running criminal investigation into the former president: did he inflate the value of his assets to defraud his lenders?

North Carolina – North Carolina Delays 2022 Primaries to Give Redistricting Challenges More Time
National Public Radio – Steve Harrison | Published: 12/8/2021

The North Carolina Supreme Court ordered that the state’s March 2022 primary be delayed until May 17 so it can settle two lawsuits challenging Republican-drawn maps for Congress and the state’s Legislature. The nonpartisan Princeton Gerrymandering Project has rated the recent North Carolina congressional map a grade of “F” for fairness, calling it one of the most gerrymandered maps in the nation, along with a Republican-drawn congressional map in Texas and a Democratic-drawn map in Illinois.

Pennsylvania – Councilmember Maria Quiñones-Sánchez Wants to Ban Lawmakers from Making More Than $25,000 from Side Jobs
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 12/15/2021

Philadelphia City Councilmember Maria Quiñones-Sánchez introduced legislation prohibiting city lawmakers from making more than $25,000 from side jobs and requiring them to disclose more information about outside employment. It would be the most significant ethics reform proposal since the convictions of council member Bobby Henon and former union leader John Dougherty on federal corruption charges.

Pennsylvania – DA Larry Krasner’s Campaign and Real Justice PAC Have Admitted to Breaking Philly’s Campaign Finance Law, Again
MSN – Sean Collins Welch (Philadelphia Inquirer) | Published: 12/9/2021

For the second time in as many elections, Philadelphia District Attorney Larry Krasner’s campaign and a political group that supports him have admitted to violating the city’s campaign finance law. The Krasner campaign agreed to pay $10,000 in penalties and admitted making misstatements and omissions in its campaign finance reports during the prosecutor’s successful reelection bid this year. The Real Justice PAC agreed to pay $30,000 in penalties after admitting to making omissions in its reports.

South Carolina – Orangeburg Coroner Marshall Gets $17K Fine After Neglecting Ethics Forms for Years
Charleston Post and Courier – Avery Wilks | Published: 12/15/2021

A chronic failure to file her required financial disclosures will cost Orangeburg County’s elected coroner $17,000. That is even after the State Ethics Commission reduced Samuetta Marshall’s original fine by $5,000 following her appeal for leniency. Marshall has a long history of failing to file reports detailing her campaign fundraising and spending, as well as forms disclosing her sources of income. She also ignored the Ethics Commission’s repeated efforts to reach her about those forms and the late-filing fees she was accumulating. She did not attend her ethics hearing to defend herself.

South Dakota – Ex-Official Says She Felt ‘Intimidated’ in Meeting with Kristi Noem That Led to Daughter’s Appraiser License
MSN – Hannah Knowles (Washington Post) | Published: 12/14/2021

A former state official testified she felt “intimidated” at a meeting last year with South Dakota Gov. Kristi Noem, and it resulted in an unusual third chance for the governor’s daughter to get her real estate appraiser license. Noem has claimed her daughter “went through the exact same process that others did in South Dakota to become an appraiser” and denied seeking “special treatment” for her. But the governor’s meeting last year with officials overseeing the state’s licensing process sparked allegations of nepotism and led state Attorney General Jason Ravnsborg to launch a review.

Tennessee – Tennessee Republican Leaders Agree to Drop Judges from Mandatory Candidate Fees for Now Amid Ethics Ruling
Yahoo – Andy Sher (Chattanooga Times Free Press) | Published: 12/15/2021

Tennessee Republican Party leaders have decided for now to drop judges and judicial candidates from a rule they adopted earlier this year that requires GOP candidates running for office to pay the party a fee to run in primary elections. The decision came as judges have worried for months over paying the fee because of an advisory opinion issued by the Administrative Office of the Court’s Judicial Ethics Committee. The panel wrote said one of the rules of judicial conduct “generally prohibits a judge from paying an assessment to a political organization.”

Texas – Dallas Approves New Office to Investigate City Corruption Claims
Dallas Morning News – Everton Bailey, Jr. | Published: 12/8/2021

Dallas will create a new office to investigate allegations of wrongdoing by city officials and make other changes to ethics rules that are meant to cut down on corruption. A key part of the reform is the creation of an inspector general division in the city attorney’s office, which would receive and investigate all internal fraud, waste, abuse, and corruption complaints. It will also prohibit anyone seeking a public subsidy, such as tax credits, from lobbying a council member about the matter before it is decided, and will increase training for city officials, staff, and registered lobbyists on Dallas’ ethics code.

Texas – Texas Appeals Court Throws Out Indictment of Groundbreaking Black Sheriff
Courthouse News Service – Cameron Langford | Published: 12/15/2016

The Texas Court of Criminal Appeals dismissed a campaign finance and records tampering indictment spearheaded by state Attorney General Ken Paxton against the state’s first Black female sheriff. While state law allowed an unusual choice of venue – though Stephens’ alleged crime occurred in Jefferson County, she was indicted in neighboring Chambers County – the court ruled the prosecution had violated the separation of powers clause in the state constitution. The court determined the Legislature had unconstitutionally granted the attorney general independent authority to prosecute election law offenses in the election code.

Washington DC – D.C. Attorney General Sues Proud Boys, Oath Keepers Over Jan. 6 Attack
MSN – Devlin Barrett, Tom Hamburger, and Rachel Weiner (Washington Post) | Published: 12/14/2021

District of Columbia Attorney General Karl Racine sued the Proud Boys and Oath Keepers over the January 6 attack on Congress, seeking to use a law written to cripple the Ku Klux Klan to exact stiff financial penalties from the far-right groups Racine alleges were responsible for the violence. Racine’s lawsuit is the first effort by a government agency to hold individuals and organizations civilly responsible for the violence at the U.S. Capitol on the day Congress ceremonially confirmed President Biden’s 2020 election victory.

Wisconsin – US Supreme Court Rejects Appeal from MacIver Institute Over Press Access in Wisconsin
Wisconsin Public Radio – Shawn Johnson | Published: 12/13/2021

The U.S. Supreme Court will not hear an appeal of a lower court ruling that sided with Wisconsin Gov. Tony Evers in a dispute with a conservative think tank over media access. The John K. MacIver Institute for Public Policy sued after the governor’s office denied the MacIver News Service access to a media briefing. MacIver argued the governor had violated its First Amendment right to freedom of the press based on the institute’s editorial stances. MacIver was denied access, according to the governor’s office, because its lobbying activity, policy advocacy, and self-described status as a “think tank” did not meet the criteria for a news organization.

National/Federal

Challenges to the Voting Rights Act Far from Over
Center for Public Integrity – Carrie Levine | Published: 12/1/2021

When the U.S. Supreme Court decided an important voting rights case earlier this year, its ruling made it more difficult for voters to challenge restrictive state voting laws. Now, Texas is making an argument that, if adopted, would further hobble use of what remains of the Voting Rights Act. In a brief filed in a redistricting case, lawyers for the Texas argued it is not clear that Section 2 of the act allows private challenges to state laws at all, an argument that flies in the face of how the landmark civil rights-era statute has been interpreted by federal courts for decades.

Chris Cuomo Fired by CNN After Aiding Governor Brother and Other ‘New Allegations’
MSN – Jeremy Barr (Washington Post) | Published: 12/4/2021

Four days after announcing he would be indefinitely suspended from the network, CNN terminated its host Chris Cuomo following an investigation conducted by a law firm that it said had turned up “additional information” about him. Cuomo was suspended a day after documents released by New York Attorney General Letitia James showed he was more extensively involved in helping to defend his brother, then-Gov. Andrew Cuomo, against allegations of sexual misconduct than he had acknowledged, either publicly or to CNN management.

Courts May Play Outsize Role in Redistricting Fights
MSN – Michael Macagnone (Roll Call) | Published: 12/7/2021

The delayed release of 2020 census data has seen states sprinting to finish redistricting, but with control of the U.S. House hanging by a handful of seats, litigants are looking to courthouses to challenge the mapmaking effort. Several states, such as South Carolina and Pennsylvania, face lawsuits without having even finished their redistricting process. Challenges elsewhere have already played out: Republicans dropped a lawsuit against Oregon’s new congressional map recently.

Far Right Is Using Twitter’s New Rule Against Anti-Extremism Researchers
Washington Post – Drew Harwell | Published: 12/3/2021

Neo-Nazis and far-right activists are coaching followers on how to use a new Twitter rule to persuade the social media platform to remove photos of them posted by anti-extremism researchers and journalists who specialize in identifying episodes of real-world hate. Advocates said they worry the new policy will suppress efforts to document the activities of the far right and will prove to be a gift to members of hateful movements eager to keep their identities concealed.

Jan. 6 Committee Says It Will Move to Hold Former Trump Chief of Staff Mark Meadows in Criminal Contempt
MSN – Jacqueline Alemany and Josh Dawsey (Washington Post) | Published: 12/8/2021

The U.S. House select committee investigating the January 6 attack on the Capitol said it is preparing to hold Mark Meadows, former President Trump’s chief of staff, in criminal contempt for not complying with the panel’s subpoena as it is ramping up efforts to force former Trump administration officials to cooperate with its inquiry. Committee Chairperson Bennie Thompson said in a letter sent to Meadows the panel’s patience had run out and dismissed his argument that much of the information the committee sought was covered by executive privilege because it involved his duties as an aide to Trump at the White House.

Pro-Trump Scam PAC Operator, PPP Fraudster Sentenced to Nearly 4 Years in Prison
MSN – Spencer Hsu (Washington Post) | Published: 12/6/2021

A Las Vegas man behind both a pro-Trump scam PAC and a fraudulent Paycheck Protection Program (PPP) loan scheme was sentenced to 46 months in prison and ordered to repay $1.4 million to his victims, including federal taxpayers. James Bell stole government pandemic relief aid while also conning supporters of both President Trump and eventual victor Joe Biden in the 2020 presidential election. Bell, prosecutors said, was the first scam PAC operator to be sentenced in federal court in Washington, as well as the first PPP loan fraud defendant.

Rep. Devin Nunes to Leave Congress to Become Trump Media Company CEO
MSN – Amy Wang and David Weigel (Washington Post) | Published: 12/6/2021

U.S. Rep. Devin Nunes plans to leave his seat at the end of December to become chief executive officer at a new media company founded by former President Trump. Nunes represents a historically Republican district that was growing more competitive even before the current round of redistricting. Early drafts of California’s next map put Nunes in a less Republican district in the Fresno area, one that backed Joe Biden by nine points. The Trump Media and Technology Group has not yet released any products to the public and missed its self-imposed deadline to roll out a beta-test version of its social media service in November.

Sidney Powell Group Raised More Than $14 Million Spreading Election Falsehoods
MSN – Emma Brown, Rosalind Helderman, Isaac Stanley-Becker, and Josh Dawsey (Washington Post) | Published: 12/6/2021

Records show Defending the Republic, a nonprofit founded by attorney Sidney Powell to fight the results of the 2020 presidential election, has raised more than $14 million, a sum that reveals the reach and resonance of one of the most visible efforts to fundraise using baseless claims about the election. Previously unreported records also detail acrimony between Powell and her top lieutenants over how the money, now a focus of inquiries by federal prosecutors and Congress, was being handled. As head of Defending the Republic, Powell controlled $9 million as recently as this summer.

Ted Cruz Has Never Recouped More Than $500,000 He Loaned His First Campaign. He’s Working to Overturn the Law That’s Blocked Him.
Texas Tribune – James Polard | Published: 12/8/2021

Ted Cruz loaned his campaign over $1 million in 2012, which helped him win election to the U.S. Senate. Cruz has never been able to recoup $545,000 of that loan. A 2002 law bans victorious federal candidates from using more than $250,000 raised after an election to pay back loans they gave their own campaigns prior to Election Day. A lawsuit the campaign filed against the FEC will soon reach the U.S. Supreme Court. Cruz’s campaign lawyers are expected to argue the limit is unconstitutional, arbitrarily limits political speech, and deters candidates from loaning money to their campaigns.

The Troubling New Void in Local Journalism – and the Nonprofits Trying to Fill It
MSN – Elahe Izadi (Washington Post) | Published: 12/6/2021

States Newsroom is a network of nonprofit newsrooms covering state government across the country. These outlets keep close tabs on state Legislatures and regulatory agencies where decisions are being made that affect many aspects of daily life for citizens. With funding from foundations and a variety of donors, States Newsroom formed two years ago to attempt to fill a void in what many government watchdogs and civil-society experts believe is one of the biggest manifestations of the local journalism crisis: the dire shortage of reporters covering state government.

From the States and Municipalities

Arizona – Lawmaker’s Bill Would Make Arizona School Board Elections Partisan
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 12/5/2021

State Sen. Michelle Ugenti-Rita believes she has a way of helping Arizona voters identify who they want to run their school boards: make candidates run with their party affiliation. The proposal would scrap the current system where people interested in the unpaid position submit nominating papers and then run against each other in a general election. Instead, all the registered candidates from each party would compete in an August primary, with the winners then facing off in November. it would put Arizona in the minority of states with a similar system, following only Louisiana and Pennsylvania.

Arkansas – State Officials Look to Replace Arkansas’ ‘Clunky,’ ‘Antiquated’ Electronic Campaign-Finance System
Arkansas Democrat-Gazette – Lisa Hammersly | Published: 12/5/2021

Lawmakers and the Arkansas secretary of state’s office are taking steps to procure a new computerized campaign finance system at an estimated cost of $750,000 to $1 million in hopes it will be easier to use. The planned new system, however, is not expected to be in place until after the November 2022 general election. That means candidates and the public have more than a year to coexist with the current system’s flaws. Those include errors and omissions in data, The Arkansas Democrat-Gazette found in examining more than 650,000 campaign contribution and expenditure reports over the past four years.

California – Former Head of DWP Agrees to Plead Guilty to Bribery Charge
MSN – Dakota Smith (Los Angeles Times) | Published: 12/6/2021

The former top executive of the Los Angeles Department of Water and Power (DWP) agreed to plead guilty to a bribery charge in a widening corruption case involving the utility. David Wright accepted bribes from a lawyer in exchange for supporting a $30 million, no-bid DWP contract. Wright also admitted in the plea agreement he participated in several other corrupt schemes while serving as head of the DWP. Paul Paradis, the attorney whose company received the contract, agreed to plead guilty in a scheme that involved him receiving a $2.2-million kickback from another attorney.

California – Lavish Gifts, Expensive Trips: Was California state worker union leader’s spending justified?
MSN – Wes Ventiecher (Sacramento Bee) | Published: 12/3/2021

Records show former Service Employees International Union (SEIU) Local 1000 President Yvonne Walker spent nearly $7,000 on gifts for top union officers and thousands of dollars on international travel for union purposes. That included $4,500 to Disney Resorts in the largest gift to an outgoing officer, along with $5,700 for a flight to Tel Aviv for a labor event and $159 for a celebration at Sacramento’s Device Brewing Company, and other expenditures. IRS rules require the tax-exempt organization to spend its money in ways that benefit members, not themselves. But all the spending potentially was justifiable, according to a tax expert.

California – San Francisco’s City Hall Works to Restore Tarnished Reputation
San Francisco Examiner – Jeff Elder | Published: 12/7/2021

A corruption scandal has spurred ethics reform efforts in San Francisco. The Board of Supervisors voted to prohibit elected officials and city department heads from requesting donations to charities from “interested parties,” including lobbyists, and those seeking contracts and permits from the city. Supervisors cited the federal case in which companies admitted to conspiring to bribe former Public Works Department Director Mohammed Nuru. The San Francisco Ethics Commission is expected to discuss a ballot measure that would lay out broad guidelines on prohibited behavior and ethics training.

California – Wahl Legal Team Agrees to Deposition Date in Ash Street Litigation
San Diego Union Tribune – Jeff McDonald | Published: 12/4/2021

Christopher Wahl, the Southwest Strategies lobbyist who has been meeting privately with San Diego city officials to try to settle litigation over the city’s lease of a high rise, agreed to appear for a deposition in January. San Diego resident John Gordon claimed in his lawsuit that the 20-year lease-purchase deal is illegal. If the interview happens, it comes three months after Wahl was first served a subpoena and some seven weeks after he was initially scheduled to appear for a deposition.

Connecticut – Inquiry Underway into Top Connecticut Prosecutor’s Hiring of Lamont Administration Official’s Daughter. A Former U.S. Attorney Will Investigate.
Hartford Courant – Mark Pazniokas (CT Mirror) | Published: 12/3/2021

Connecticut Gov. Ned Lamont’s administration retained attorneys to investigate “possible improprieties by state employees and possibly others.” Chief State’s Attorney Richard Colangelo Jr. said a focus of the inquiry is the circumstances surrounding his hiring of Anastasia Diamantis, the daughter of Kostantinos Diamantis, one of the budget officials whom Colangelo had been lobbying for help in securing raises. Emails show Anastasia Diamantis was hired as Colangelo unsuccessfully pressed state officials, including her father, for help securing raises for prosecutors.

Florida – House Victory Senior Adviser Resigns Following ‘Ghost Candidate’ Reports
Florida Politics – Renzo Downey | Published: 12/3/2021

Political consultant and fundraiser Dan Newman resigned from the Florida Democrats’ House campaign operation following reports of his ties to a “ghost candidate” scheme. Florida Power and Light (FPL) executives worked with consultants behind the sham candidate scheme currently under investigation for undercutting Senate Democratic candidates last year using Republican strategies. Documents show Newman, who previously lobbied for FPL and has publicly stated he donated to the ghost campaign committee, received a $1.25 million check from FPL for his consulting firm in September 2020. An accompanying text message sent by Newman to consultants read, “The eagle has landed.”

Illinois – Center of ‘Rape Email’ Denies Knowledge of Alleged Illinois Government Coverup
Belleville News-Democrat – John O’Connor (Associated Press) | Published: 12/1/2021

The former campaign worker for Illinois Gov. J.B. Pritzker who is at the center of an email in which a one-time statehouse lobbyist alleged government coverups of a rape and illegal state hiring says he is completely unaware of the purported incidents that have dogged him since the email became public last year. Forrest Ashby, a longtime state employee who worked on the Pritzker’s 2018 campaign, said he never got a direct answer when he confronted the author of the email, Michael McClain – an ex-lobbyist now under indictment in an alleged bribery scheme that tarnished his confidante, former House Speaker Michael Madigan.

Michigan – Sidney Powell, L. Lin Wood Among Attorneys Ordered to Pay $175,000 Over Michigan ‘Kraken’ Suit
MSN – Rosalind Helderman (Washington Post) | Published: 12/2/2021

A federal judge ordered a group of lawyers who brought a failed lawsuit challenging the 2020 election results to pay about $175,000 in legal fees to the state of Michigan and the city of Detroit, the latest in a series of rulings from federal judges seeking to hold lawyers accountable for trying to use the courts to overturn a democratic election. U.S. District Court Judge Linda Parker had already ordered that the group of nine lawyers, including Sidney Powell and L. Lin Wood, be disciplined for their role in the suit, which in August she called “a historic and profound abuse of the judicial process.”

Missouri – Controversial Bill Would Have Aided Missouri Company Under Scrutiny for Contamination
Missouri Independent – Alison Kite | Published: 12/6/2021

Two years ago, a company led by an influential Republican businessperson faced off with the Missouri’s environmental regulators over whether it needed to do additional testing for a chemical that health officials worried could pose a cancer risk to the company’s workers. The company argued the Department of Natural Resources was overzealously enforcing federal hazardous waste testing guidance that was not required by law or regulation. Soon the company’s complaints were reflected in legislation criticized as an attack on the state’s environmental regulation.

New Hampshire – Members of Public Who Attended Legislative Hearings Say They Were Not Contact Traced
Concord Monitor – Ethan DeWitt | Published: 12/4/2021

When Beverly Cotton got the call telling her of a potential COVID-19 exposure at a legislative committee session, it did not come from the New Hampshire House. It came from a fellow audience member. Cotton had joined a dozen other lobbyists, advocates, and reporters to watch the proceedings of the House Election Law Committee. Two days later, she was told someone in the room had later tested positive for COVID-19. The alert was worrying for Cotton, who has an underlying health condition. But the manner in which she received the news was unusual.

New York – New York City Poised to Give Voting Rights to Noncitizens
Yahoo News – Bobby Caina Calvin (Associated Press) | Published: 12/7/2021

Under a bill nearing approval, some 800,000 legally documented, voting-age noncitizens in New York City would be allowed to cast ballots in elections to pick the mayor, city council members, and other municipal officeholders. Noncitizens still would not be able to vote for president or members of Congress in federal races, or in the state elections that pick the governor, judges, and legislators. The move is a counterpoint to restrictions being enacted in some states, where Republicans have espoused unsupported claims of rampant fraud by noncitizens in federal elections.

New York – NY Lt. Gov. Brian Benjamin Changes Answers on Background Check After News’ Expose
New York Daily News – Michael Gartland | Published: 12/6/2021

New state records revealed New York Lt. Gov. Brian Benjamin changed his answers on state background check forms, two weeks after it was reported he provided incorrect information on his original disclosure before being sworn in as Gov. Hochul’s second-in-command. Benjamin refers several times to an addendum on his latest background check form. In it, he concedes that as a candidate, he has “had many interactions with regulatory bodies that oversee elections and campaign finance matters.”

Oregon – Good Government Groups Are Pushing Campaign Finance Limits in Oregon. They Might Have Competition.
OPB – Dirk VanderHart | Published: 12/7/2021

A coalition of good government groups filed three potential ballot measures with the state that would shake up Oregon’s permissive system of funding campaigns. The group says it will decide on one to put forward to voters in 2022, once polling shows which is most popular. While differing in their specifics, each of the proposals would create new limits on what individuals, advocacy groups, corporations, and political parties can contribute to candidates and causes. The proposals also include requirements that political advertisements prominently display top donors, and “dark money” groups disclose their funding sources if they engage in campaigning.

Pennsylvania – PA Senate Election Probe Contract Doesn’t Say If the Public Will See the Results, Among Other Things
WSKG – Sam Dunklau | Published: 12/7/2021

Multiple federal investigations as well as court rulings and state-mandated audits and of ballots from every Pennsylvania county have turned up no evidence of election problems that were out of the ordinary. The Department of State has said the last several election cycles ran smoothly. Even so, Pennsylvania Senate Republicans are paying over $2500,000 in taxpayer money to an Envoy Sage LLC to investigate those elections. Details of the agreement between the two are now public. Democratic senators as well as voter advocates say the document raises more questions than it answers.

Pennsylvania – Philadelphia Gas Works Emails Show Involvement in Drafting Bill That Runs Counter to Climate Goals
StateImpact Pennsylvania – Susan Phillips | Published: 12/3/2021

Philadelphia has as a climate goal of becoming carbon neutral by 2050. But the city owns a large fossil fuel utility, Philadelphia Gas Works (PGW), which represents a major hurdle. Philadelphia is on the verge of releasing a study aimed at figuring out how to transform PGW to cut the city’s carbon emissions. Meanwhile, legislation is making its way through Harrisburg that would tie the hands of municipalities across the state when it comes to electrification. The city opposes the legislation, but emails obtained show PGW executives engaged in crafting, and potentially strengthening, a measure that would block efforts to promote electrification.

Pennsylvania – Philly City Council President Wants to Tweak Ethics Rules. But He Says It’s Not Related to Bobby Henon’s Conviction
MSN – Laura McCrystal (Philadelphia Inquirer) | Published: 12/2/2021

Two weeks after Philadelphia City Councilperson Bobby Henon was convicted of bribery, council President Darrell Clarke proposed a modest tweak of city ethics rules: that council members must provide written notice when they recuse themselves from votes due to a conflict-of-interest. Clarke’s spokesperson denied the new measure was a response to the criminal case. A federal jury found inion leader John Dougherty bought Henon’s loyalty with a $70,000 annual union salary.

Pennsylvania – The Pa. Politicians Who Got Local 98 Campaign Money Aren’t Having Second Thoughts, Even After Johnny Doc’s Conviction
MSN – Jonathan Tamari and Andrew Seidman (Philadelphia Inquirer) | Published: 12/8/2021

Convicted of bribery, the powerful Philadelphia labor leader John Dougherty has resigned from the union he led for almost three decades and is likely headed to federal prison. But prominent Pennsylvania politicians who’ve benefited from the union’s largesse are not renouncing its campaign money or saying much of anything about the trial that illustrated the city’s sometimes toxic mix of money and politics. Only one major recipient expressed any qualms about the contributions, which ranged from thousands of dollars to more than $1 million.

Texas – Justice Dept. Sues Texas Over Redistricting, Citing Discrimination Against Latinos
MSN – David Nakamura and Devlin Barrett (Washington Post) | Published: 12/6/2021

The U.S. Justice Department sued Texas for the second time in a month over voting-related concerns, this time alleging Republican state lawmakers discriminated against Latinos and other minorities when they approved new congressional and state legislative districts that increased the power of White voters. Attorney General Merrick Garland’s announcement marked the Biden administration’s first major legal action on redistricting. While the U.S. Supreme Court has declined to put limits on partisan gerrymandering, it is illegal to draw lines that are unfair to racial and ethnic minorities.

Utah – Proposed Ballot Initiative Would Return Utah to In-Person Paper Balloting on Election Day
Salt Lake Tribune – Brian Schott | Published: 12/7/2021

A group called Secure Vote Utah is hoping to get enough signatures to put an initiative on the 2022 ballot to do away with the state’s mail-in elections in favor of all paper ballots. The proposal also scraps early voting and most absentee balloting and makes it more difficult to register to vote. As it stands, every registered voter in the state is sent a ballot through the mail. If voters approve the initiative, nearly all voting would use paper ballots, marked by a pen or pencil, at neighborhood polling places. The only exceptions are for disabled individuals who need a mechanical method for voting.

Wisconsin – Wisconsin Family Action Sues to Strike Down Campaign Finance Rule to Shield Names of Its Donors
Yahoo News – Patrick Marley (Milwaukee Journal-Gazette) | Published: 12/6/2021

Wisconsin Family Action filed a lawsuit saying it was reluctant to spend money in two congressional races because it feared the FEC would try to force it to disclose the names of its donors. It is asking U.S. District Court Judge William Griesbach to declare some of the FEC’s regulations unconstitutional. The lawsuit alleges the agency is trying to require groups like Wisconsin Family Action to disclose the names of donors who give more than $200 even if the money is not intended for political efforts.

National/Federal

Appeals Court Scrutinizes Trump Bid to Keep Jan. 6 White House Records Secret from Congress
MSN – Spencer Hsu and Ann Marimow (Washington Post) | Published: 11/30/2021

An appeals court scrutinized former President Trump’s effort to keep White House documents secret from a congressional committee investigating the January 6 attack on the Capitol. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit expressed skepticism about the role of the courts in settling a dispute in which a former president and the sitting president are at loggerheads over the release of records. The hearing probed the limits of the separation of powers, U.S. Supreme Court precedent over the ownership of presidential records, and a statute governing their release.

CNN Suspends Chris Cuomo ‘Indefinitely’ After Documents Detail Help He Gave His Brother
MSN – Sarah Ellison and Jeremy Barr (Washington Post) | Published: 11/30/2021

CNN suspended Chris Cuomo a day after the release of documents that detailed his efforts to help his brother, then-New York Gov. Andrew Cuomo, fend off allegations of sexual misconduct. Transcripts from the New York attorney general’s office showed the cable television host was far more involved in the ex-governor’s crisis-management efforts than the younger Cuomo had previously acknowledged. The network and its president, Jeff Zucker, had backed Chris Cuomo for months, even as details accumulated about his role advising his brother, who eventually resigned in the wake of the sexual harassment allegations.

Congress Closes in on Sexual Misconduct Reform, 4 Years After Its #MeToo Moment
MSN – Marianne Levine (Politico) | Published: 12/1/2021

The Senate and House Judiciary Committees recently approved bipartisan legislation that would put an end to private employers’ use of forced arbitration – mediation between alleged victims and perpetrators that operates outside the traditional legal system – by allowing victims to decide whether they want to take their sexual harassment or assault claims to court instead. Proponents of the sexual misconduct reform bill are planning to see whether it can pass unanimously in the coming weeks without a time-consuming roll-call vote, or alternately whether it can hitch a ride on another legislative vehicle.

Dark-Money Group Paid Former Trump AG to Ask for Pardons – and He Never Registered as a Lobbyist
Yahoo News – Roger Sollenberger (Daily Beast) | Published: 12/1/2021

Matthew Whittaker held various posts at the Justice Department during the Trump administration. When he left the government, the nonprofit FreedomWorks brought him on to head an initiative that “aims to recommend deserving individuals to the Trump administration for pardons and commutations.” A federal filing shows Freedom Works paid Whitaker $400,000 last year in unspecified “consulting” fees. He was directly involved in White House clemency negotiations, but never registered as a lobbyist while advocating for pardons and FreedomWorks never named clemency issues in any of its 2020 lobbying reports.

Facebook’s Race-Blind Practices Around Hate Speech Came at the Expense of Black Users, New Documents Show
MSN – Elizabeth Dwoskin, Nitasha Niku, and Crag Timberg (Washington Post) | Published: 11/21/2021

A two-year effort by a large team of researchers at Facebook urged executives to adopt an aggressive overhaul of its software system to remove hateful posts before any users could see them. But Facebook’s leaders balked at the plan. According to two people familiar with the internal debate, top executives including Vice President for Global Public Policy Joel Kaplan feared the new system would tilt the scales by protecting some vulnerable groups over others. A policy executive prepared a document for Kaplan that raised the potential for backlash from “conservative partners,” according to the document.

Former White House Chief of Staff Mark Meadows Cooperating with Jan. 6 Committee
MSN – Mariana Alfaro (Washington Post) | Published: 11/30/2021

Mark Meadows, former President Trump’s chief of staff at the time of the January 6 attack on the Capitol, is cooperating with the House committee investigating the insurrection. Meadows is the highest-profile member of Trump’s inner circle who is known to be cooperating or who the committee has publicly acknowledged is cooperating. Committee members have previously said many people with connections to the events of that day have voluntarily engaged with investigators, but they have not specified who those individuals are or how high up they were in the Trump administration.

House Jan. 6 Committee Votes to Hold Former Trump DOJ Official in Criminal Contempt
MSN – Jacqueline Alemany (Washington Post) | Published: 12/1/2021

The House select committee investigating the January 6 attack on the U.S. Capitol voted unanimously to hold former Trump Justice Department official Jeffrey Clark in criminal contempt for failing to cooperate with its inquiry. If it is adopted by the House, it would be up to the Justice Department to determine whether to indict Clark for not complying with a congressional subpoena. Clark’s lawyer presented the committee with a letter that objected to answering any questions or providing any records, arguing Clark did not have to because Trump has asserted they are protected by executive privilege.

K St. on Capitol Hill: Lobbyists look to leverage prime real estate near Congress as in-person events return
Yahoo News – Hailey Fuchs and Emily Birnbaum (Politico) | Published: 11/23/2021

The popular conception of a lobbying shop usually involves an office on K Street, an expense account at a popular restaurant, and a small army of operatives that regularly hit the fundraising circuit. But lobbyists have long explored other venues to twist the arms of members of Congress and the Capitol Hill townhouse is chief among them. Groups use these homes, often registered with the city as residential property, most notably as a fundraising venue for members of Congress. These townhouses provide companies, trade associations, and lobbying shops with a chance to rub shoulders with lawmakers outside of government property.

More Companies Disclose Political Spending After Jan. 6 Attack
MSN – Ellen Meyers (Roll Call) | Published: 12/2/2021

New research shows companies are increasing their disclosure of political spending. Corporations are under pressure from shareholders, customers, employees, and regulators to align their political influence with their stated values. Direct corporate donations to candidates are illegal, but employees and executives can pool their contributions through PACs, which must disclose donors and expenditures and are subject to limits. Companies can also give unlimited amounts to groups that spend money to influence politics, some of which disclose their donors and some which do not.

New Rules for MPs Proposed in Wake of Lobbying Scandal
Sky News – Alan McGuiness | Published: 11/29/2021

The Standards Committee has unveiled its interim report into reform of the standards system in the wake of the furor generated by the Owen Paterson scandal, as well as an updated code of conduct for members of Parliament (MP). The former Conservative member was found to have broken the United Kingdom’s lobbying rules with his private sector work. Labour MP Chris Bryant, chairperson of the committee, said it had laid out a “package of reforms to bolster the rules around lobbying and conflicts-of-interest.”

Prosecutors Demanded Records of Sidney Powell’s Fundraising Groups as Part of Criminal Probe
MSN – Isaac Stanley-Becker, Emma Brown, and Rosalind Helderman (Washington Post) | Published: 11/30/2021

Federal prosecutors demanded the financial records of multiple fundraising organizations launched by attorney Sidney Powell after the 2020 election as part of a criminal investigation. The grand jury subpoena sought communications and other records related to fundraising and accounting by groups including Defending the Republic, a group claiming 501(c) 4 nonprofit status and a PAC by the same name. The federal investigation highlights the intensifying legal quandaries facing Donald Trump-allied attorneys and other figures who promoted false claims that the election was rigged.

State Redistricting Commissions Get Mixed Reviews
MSN – Michael Macagnone (Roll Call) | Published: 12/2/2021

Most state Legislatures control the map-drawing process, but a handful now have redistricting commissions of varying construction and independence with a say in line drawing. Advocates expected redistricting commissions to take partisan favoritism out of the process, but some maps have favored one party over the other while others have shortchanged growing minority communities. Experts have argued some bias is unavoidable in a political environment in which most Democratic voters are packed in urban areas and most Republicans live in more rural ones.

Trump Allies Work to Place Supporters in Key Election Posts Across the Country, Spurring Fears About Future Vote Challenges
MSN – Amy Gardner, Tom Hamburger, and Josh Dawsey (Washington Post) | Published: 11/29/2021

A year after local and state election officials came under pressure from Donald Trump to subvert the results of the 2020 White House race, he and his supporters are pushing an ambitious plan to place Trump loyalists in key positions across the administration of U.S. elections. The effort goes beyond the former president’s public broadsides against well-known Republican state officials who certified President Biden’s victory. Citing the need to make elections more secure, Trump allies are also seeking to replace officials across the nation, including volunteer poll watchers, paid precinct judges, elected county clerks, and state attorneys general.

U.S. House Approves Bipartisan Judicial Financial Disclosure Bill
Reuters – Mike Scarcella | Published: 12/1/2021

The U.S. House voted overwhelmingly in favor of a bipartisan bill imposing more stringent public financial reporting requirements on federal district and appellate court judges. The Courthouse Ethics and Transparency Act would set a 45-day window for judges to report stock trades of more than $1,000 and require the judiciary to post disclosure forms online. A Wall Street Journal report in September revealed 131 judges had failed to recuse themselves in hundreds of cases since 2010 involving companies in which they or a family member had a financial interest.

From the States and Municipalities

California – Accusations Against a California Campaign Finance Watchdog Went Undisclosed for Months
Yahoo News – John Meyers (Los Angeles Times) | Published: 11/22/2021

A campaign finance investigation against a top official at the California Fair Political Practices Commission (FPPC) sat in limbo and hidden from public view for months, raising questions about whether the government organization holds its own members to the same standard as candidates and campaigns across the state. A complaint against Catharine Baker, a former state legislator, was filed in April with the agency’s enforcement division. On November 12, the same day The Los Angeles Times requested information regarding the case, the FPPC enforcement division recused itself from the investigation and asked state Attorney Gen. Rob Bonta to assume control.

California – Former California Union Official Filed $44,000 Worth of Fraudulent Time Sheets, CalPERS Says
MSN – Wes Venteicher (Sacramento Bee) | Published: 11/29/2021

A former SEIU Local 1000 official was suspended from his California Public Employees’ Retirement System IT job without pay for six months after the pension system determined he did not do any work while claiming he was on a coronavirus contact tracing assignment. Tony Owens, who was elected vice president of bargaining in 2018, submitted about $44,000 worth of fraudulent time sheets in the second half of 2020. Owens is contesting the discipline, saying he was supporting state workers during the time in question even though the Department of Public Health did not formally issue him a pandemic contact tracing assignment.

California – Lobbyist in Ash Street Settlement Doesn’t Appear for Deposition but Reports More Meetings with City Officials
San Diego Union Tribune – Jeff McDonald | Published: 11/24/2021

A lobbyist involved in settlement talks between the city of San Diego and the owners and lenders of the vacant high rise did not appear for a deposition that was scheduled by lawyers suing the city. Christopher Wahl delayed answering questions even as he filed a new lobbying disclosure showing he continued to meet with City Attorney Mara Elliott and Mayor Todd Gloria’s chief operating officer to try and resolve lawsuits over the lease. Wahl is a partner at Southwest Strategies, which has reported raising tens of thousands of dollars in support of Elliott, Gloria, some city council members and the Democratic Party.

Connecticut – Gov. Lamont Says His Wife Will Pull Back on Investments in Connecticut and Blames Politics for Ethical Questions
Yahoo News – Christopher Keating and Stephen Singer (Hartford Courant) | Published: 11/30/2021

Gov. Ned Lamont said his wife’s investment firm is pulling back in Connecticut after critics questioned the move to Stamford of a New York financial technology company, Digital Currency Group (DCG), that negotiated $5 million in state aid. The governor said Annie Lamont is finding it difficult to invest in Connecticut because the combination of her work as an investor and his role as governor are dogged by ethical questions. Gov. Lamont has said little publicly until recently about his wife’s investments through Oak HC/FT, a venture capital firm she founded.

Florida – Legislative Ball Starts Rolling on Additional Lobbying Restrictions for Former Officials
Florida Politics – Renzo Downey | Published: 11/30/2021

Florida lawmakers moved legislation to further restrict public officials from lobbying in the years after leaving office. The House Public Integrity and Ethics Committee approved two proposed bills to implement Amendment 12, which places business and lobbying restrictions on former lawmakers. Penalties under the measures include fines up to $10,000 and forfeiting money earned from illegally lobbying. People could also receive public censure or reprimand for violating the law.

Maine – Maine Lawmaker Who Flouted Pandemic Rules Resigns After Wife’s COVID-19 Death
Yahoo News – Edward Murphy (Portland Press Herald) | Published: 11/30/2021

State Rep. Chris Johansen, a staunch opponent of pandemic-related restrictions who was stricken with COVID-19 this summer and whose wife died after contracting the virus, resigned from the Maine Legislature. He said his wife, who had asthma, had taken care of the farm, allowing him to serve in the state House. A few weeks after Cindy Johansen died, Chris Johansen attended a rally against the state’s vaccination mandate for health care workers.

Massachusetts – Organizers Seek Up to $25,000 from Donors to Fund Mayor Wu’s Inauguration
MSN – Meghan Irons (Boston Globe) | Published: 11/25/2021

Organizers for Michelle Wu’s inauguration are asking businesses and individuals for thousands of dollars to help bankroll her inauguration in January, putting her on track with previous Boston mayors who have marked their ascension to political power with a lavish affair. Boston Inaugural Fund 2021, responsible for raising cash for Wu’s inauguration, has been asking donors for $10,000 to $25,000, promising them different tiers for “sponsorship opportunities” for the inauguration.

Michigan – Benson’s Bid to Make Permanent Absentee Voter Rules Draws Opposition
Detroit News – Beth LeBlanc | Published: 11/28/2021

Rules that would change Michigan’s absentee ballot application and verification protocol are working their way through the state administrative process amid protests from legislative election leaders. The rules would require local clerks to start with a presumption of validity when examining signatures for absentee voter applications and ballots and allow for online absentee ballot applications. The rules, which went through a public comment process, implement to some extent practices Secretary of State Jocelyn Benson put in place during the pandemic ahead of the November 2020 presidential election.

Michigan – Federal Judge Slams Michigan GOP Suit Against Whitmer Fundraising
Detroit News – Craig Mauger | Published: 12/1/2021

U.S. District Court Judge Janet Neff repeatedly criticized the Michigan Republican Party’s effort to challenge Gov. Gretchen Whitmer’s reelection fundraising. Neff rejected a motion for an emergency restraining order to prevent the governor’s campaign from distributing millions of dollars in excess contributions she raised through a so-called recall exception. The judge said she had “questions” about whether GOP Chairperson Ron Weiser had legal standing to bring the lawsuit. She also said the GOP might be feeling “remorse” the party did not think of the idea earlier when one of its members held the governor’s office.

Michigan – Taylor Mayor’s Aide Guilty, Leaving Sollars Solo for Bribery Trial
Detroit News – Robert Snell | Published: 12/1/2021

An aide and campaign treasurer for indicted Taylor Mayor Rick Sollars admitted to pocketing bribes with the politician and faces up to five years in federal prison. Taylor community development manager Jeffrey Baum is the third person to strike a plea deal with federal prosecutors, moves that leave Sollars scheduled to stand trial alone on corruption charges in January. The criminal case comes amid a broader federal focus on public corruption in Metro Detroit. In the last dozen years, more than 110 labor leaders, politicians, police officers, and bureaucrats have been charged with federal corruption-related crimes.

Minnesota – Jan Malcolm’s Horse, and Other Things We Learned About from Minnesota Financial Disclosures
MinnPost – Walker Orenstein and Greta Kaul | Published: 11/30/2021

Minnesota law requires a wide range of public officials to disclose some of their economic interests, including properties, investments, and speaking fees. The disclosures, available on the Campaign Finance Board’s website, can give insight into the financial holdings of public officials, while providing a safeguard against self-dealing in government, experts say. Officials even have to say whether they or a family member have a financial stake in horse racing, though only one top state official has reported such an investment: Jan Malcolm, commissioner of the Department of Health.

Missouri – Campaign Fund Linked to Stenger Fined by Missouri Ethics Regulators
St. Louis Post-Dispatch – Kurt Erickson | Published: 11/26/2021

A once-obscure campaign committee that helped fund former St. Louis County Executive Steve Stenger’s 2018 reelection bid was fined more than $10,000 for violations of state ethics rules. The penalty was levied against the Missouri Association of Career Fire Protection District’s PAC after the Missouri Ethics Commission audited the account amid news reports about potential money laundering.

New Jersey – Is a Bribe a Bribe If You Can’t Deliver? Former Morris Freeholder Asks Judge to Toss Indictment
Morristown Green – Kevin Coughlin | Published: 12/1/2021

Is a bribe a bribe if there is no way you can deliver the goods? Former Morris County Freeholder John Cesar asked a judge to dismiss a six-count indictment against him. Cesaro was one of five public figures charged in a state bribery sting. At its center is attorney Matt O’Donnell, who secretly recorded audio and video of his conversations. Authorities say recordings captured Cesaro discussing and accepting illegal campaign donations in exchange for promises of tax appeals work for the county. But Cesaro had no authority to deliver, and O’Donnell knew it, contended Cesaro’s attorney.

New York – Former Buffalo Deputy Mayor’s Company Sentenced to Pay Restitution, Tiny Fine
Buffalo News – Matthew Spina | Published: 12/1/2021

Former Buffalo Deputy Mayor Steven Casey’s political consulting company is broke, so it will not have to pay a big fine, a federal judge ruled. LSA Strategies was sentenced to pay $8,283 restitution, a $400 court fee, and a fine of $69 to settle a single count of wire fraud. While moonlighting as a campaign strategist, Casey diverted the money to his company without the knowledge of a state Senate candidate he was serving in 2012. The restitution and court fee nearly depleted the company’s bank account.

New York – In the ‘New Albany,’ State Senate Regularly Outpaces Assembly on Reform
Gotham Gazette – Ethan Geringer-Sameth | Published: 12/1/2021

For years the Democratic majority in the New York State Assembly advanced bills its members knew the Republican-controlled Senate would not pass. Still other legislation, especially related to government ethics, transparency, and elections, stewed on the backburner with neither majority moving it forward. Those were the days of two-party rule in Albany, of a group of breakaway Democrats who buoyed Republicans, and a governor happy to straddle the middle. Since Democrats took over the Senate in 2019 those dynamics have shifted.

New York – NY Lt. Gov. Brian Benjamin Submitted Incorrect Information on Background Check
Yahoo News – Michael Gartland (New York Daily News) | Published: 11/22/2021

New York Lt. Gov. Brian Benjamin provided incorrect information on a background check he submitted to the governor’s office and state police as part of the vetting process he had to undergo to take on his current role. According to the background check form, which was signed by Benjamin, he answered “no” to an inquiry about whether he had ever been contacted by “a regulatory body concerning any possible legal, regulatory, ethical, or campaign finance, infraction or violation or investigation.” But Benjamin was contacted by at least two regulatory bodies over two campaign finance issues before the date he provided on the form.

New York – Rensselaer County Executive Steve McLaughlin Arraigned in State Probe
Albany Times Union – Kenneth Crowe and Brendan Lyons | Published: 12/1/2021

Rensselaer County Executive Steve McLaughlin stands accused of misusing campaign funds and falsifying campaign finance filings after a judge unsealed an indictment emerging from a long-running investigation by the state attorney general’s office and the FBI. The probe began as an investigation of his campaign for county executive and examined his financial dealings when he was a member of the New York Assembly. McLaughlin allegedly stole $5,000 from his campaign account in 2017 then falsely reported the expense in campaign documents filed with the state Board of Elections.

New York – Senate and Assembly Sexual Harassment Policies Are Not Strong Enough, Some Say
Albany Times Union – Michelle Del Rey | Published: 11/28/2021

Despite revisions to the New York Senate’s sexual harassment policy and state Assembly rules that lawmakers have touted as among the strongest in the nation, some say neither chamber’s policies go far enough to protect the employees that need it. The policies include provisions that some observers believe could discourage survivors from filing complaints, including a lack of transparency, and giving the Assembly speaker autonomy over final decisions once a complaint has been investigated and sustained.

North Dakota – North Dakota Ethics Measure Group Considers Complaint About Commission’s Transparency
Bismarck Tribune – Jack Dura | Published: 11/30/2021

Leaders of a 2018 ballot measure that created North Dakota’s Ethics Commission will consider filing a complaint about the board’s openness. The commission’s chairperson said he thinks the panel has been accessible to the public but acknowledged room for improvement. Members of North Dakotans for Public Integrity attended a public hearing intended to take public comment on proposed conflict-of-interest rules for state officials involved in “quasi-judicial” proceedings, such as members of the state Industrial Commission and the Public Service Commission.

Ohio – Big Questions Remain in Huge Medicaid Procurement
Ohio Capital Journal – Marty Schladen | Published: 11/29/2021

A Franklin County judge recently dismissed a lawsuit over the largest public procurement in Ohio history. But important questions remain about potential corruption and conflicts-of-interest among key players who had a say in how the contracts were awarded. The Ohio Department of Medicaid announced it was awarding a set of contracts worth $22 billion to six managed-care companies. A seventh got a $1 billion contract to set up and manage a program for children with complex behavioral needs. All the contracts but one went to huge, out-of-state companies, several of which have been accused by the state of fraud, price-gouging, or other issues.

Oregon – Redistricting Reduces Indigenous Voting Power in NW Legislative Races, Advocates Say
Portland Oregonian – Chris Aadland (Indian Country Today) | Published: 11/26/2021

As voting-rights advocates in Indian Country look to boost Indigenous representation in politics, some say redrawn political maps in Oregon will dilute the power of many Native American voters to elect the candidates who best understand their communities. At issue is how the state legislative maps were drawn for some Oregon tribal communities. Tribal advocates say the new districts will make it nearly impossible to elect candidates that are representative of those communities at a time when voter-engagement efforts were beginning to make that a possibility.

Pennsylvania – Pa. Commissioners Called LGBTQ Gathering a ‘Hate Group’ and Denied Funds to Library Where It Was to Meet. So Citizens Stepped In.
MSN – Sydney Page (Washington Post) | Published: 11/29/2021

The Fulton County Commission decided not to approve an additional $3,000 in funding for the local library, which has received $12,000 annually since 2016.Two commissioners on the three-member board said they denied the money because the library agreed to host a biweekly LGBTQ support group. Both commissioners claimed the LGBTQ community is considered a “hate group,” according to the Fulton County News. “If we support them, we have to support Proud Boys and Black Lives Matter,” Commissioner Randy Bunch is quoted as saying at a meeting.

South Carolina – SC Democrat Repeatedly Broke Ethics Law, Used Campaign Money to Pay for Netflix, Hulu
MSN – Caitlin Byrd (The State) | Published: 11/30/2021

Businessperson Phil Noble violated South Carolina law in 2018 when he spent thousands of campaign dollars on personal expenses, including Netflix and Hulu subscriptions, gourmet popcorn, and clothes from a Calvin Klein outlet store, all while his campaign failed to report details about who was contributing to his gubernatorial bid. One of Noble’s own campaign aides filed a complaint in October 2018 about insufficient and delinquent fundraising reports.

Texas – Reports Detail Texas Railroad Commissioners’ Ties to Oil and Gas Industry
Dallas Morning News – Philip Jankowsky | Published: 11/27/2021

A series of reports from an advocacy group has made broad allegations that all three elected members of the Texas Railroad Commission are too closely tied to the oil and gas industry they regulate. The nonprofit group Commission Shift in a series of reports undertaken with Texans for Public Justice alleges the Railroad Commission is a “captured” agency, one that has become so entwined with the industry it regulates that it can no longer effectively oversee it.

Virginia – Roanoke Councilman’s Magazine Refunds Money to City After Questions
Roanoke Times – Jeff Sturgeon | Published: 12/1/2021

Roanoke City Councilperson Robert Jeffrey Jr. engaged in a prohibited business transaction for $850 with the city earlier this year, according to an opinion of the Virginia Conflict of Interest and Ethics Advisory Council. Jeffrey, who accepted payment from the city for an advertisement in his magazine, has refunded the city’s money. Virginia law prohibits elected officials from receiving a financial benefit from any contract between their own governmental entity and themselves or their business.

Washington DC – For a City Still Struggling to Revitalize Its Downtown, Protests Become an Economic Lifeline
MSN – Emily Davies and Ellie Silverman (Washington Post) | Published: 11/29/2021

A subset of the local economy has become increasingly vital to the nation’s capital. With offices downtown still largely vacant and business travel to reach pre-pandemic levels, protests have become one of the most consistent draws to the District of Columbia – when out-of-towners come to exercise their First Amendment rights and then, maybe, go out to dinner. The National Park Service issued more than 245 demonstration permits from January through July of this year. City officials have embraced protest tourism in their attempts to revitalize downtown Washington.

Wisconsin – Panel Rules No Ethics Violation for Madison Assessor Who Gave Candy Bars to Review Body
Wisconsin State Journal – Logan Wroge | Published: 12/1/2021

The Madison Ethics Board dismissed a complaint against Chief City Assessor Michelle Drea. Developer Terrence Wall accused Drea of attempting to sway the Board of Review by giving out candy to members before a hearing on his objections to the assessment of two properties. Wall argued state and city ethics law prohibit providing “anything of value” to members of a public body if it could reasonably be expected to influence a vote or decision. “The candy is provided to ensure folks are not hungry and able to focus,” Drea said. “I just find it implausible to believe our ordinances disallow simple acts of kindness.”

National/Federal

Appeals Court Temporarily Bars Release of Trump White House Records to House Jan. 6 Committee
MSN – Spencer Hsu (Washington Post) | Published: 11/11/2021

A federal appeals court blocked the imminent release of records of former President Trump’s White House calls and activities related to the January 6 Capitol attack after a lower court found President Biden can waive his predecessor’s claim to executive privilege. The U.S. Court of Appeals for the District of Columbia Circuit granted a temporary injunction while it considers Trump’s request to hold off any release pending appeal, and fast-tracked oral arguments for a hearing November 30.

House Censures Rep. Gosar for Violent Video in Rare Rebuke
Kansas City Star – Kevin Freking and Brian Slodysko (Associated Press) | Published: 11/17/2021

The U.S. House voted to censure Republican Rep. Paul Gosar of Arizona for posting of an animated video that depicted him killing Democratic Rep. Alexandria Ocasio-Cortez with a sword, an extraordinary rebuke that highlighted the political strains testing Washington and the country. Calling the video a clear threat to a lawmaker’s life, Democrats argued Gosar’s conduct would not be tolerated in any other workplace and should not be in Congress. The vote to censure Gosar and strip him of his committee assignments was approved almost entirely along party lines.

How a Cure for Gerrymandering Left U.S. Politics Ailing in New Ways
New York Times – Nick Corasaniti and Reid Epstein | Published: 11/17/2021

Partisan gerrymandering is as old as the republic, but good-government experts thought they had hit on a solution with independent commissions, advisory groups, and outside panels. Taking the map-drawing process out of the hands of lawmakers under pressure to win elections, the thinking went, would make American democracy more fair. But in some states, commissions with poorly designed structures have fallen victim to political divisions, leading the process to be handed to courts. In others, the panels’ authority has been subverted by state lawmakers, who have either forced the commissioners to draft new maps or chosen to make their own.

Left-Wing Midwest Media Outlet Launching with Backing from Dem Donor
MSN – Elena Schneider (Politico) | Published: 11/17/2021

A major Democratic donor is funding a new media outlet aimed at covering state and local races in the Midwest as the latest entrant into the growing partisan-media landscape. It is part of a recent trend of explicitly Democratic-backed digital news projects that have popped up in the last several years, as candidates and movements across the political spectrum try to speak directly to supporters, drive viral attention, and shape the media ecosystem by creating their own content instead of working through legacy outlets.

Liberal ‘Dark-Money’ Behemoth Funneled More than $400M in 2020
MSN – Scott Bland (Politico) | Published: 11/17/2021

A liberal group spent $410 million in 2020, aiding Democratic efforts to unseat then-President Trump and win back control of the U.S. Senate. The Sixteen Thirty Fund financed attack ads and funded massive get-out-the-vote and issue advocacy campaigns amid the coronavirus pandemic. It exploded in size during the Trump administration, going from tens of millions of dollars per year to raising and spending hundreds of millions. Its 2020 fundraising and spending illustrates the extent to which the left embraced the use of “dark money” to fight for its causes in recent years.

‘QAnon Shaman’ Jacob Chansley Is Sentenced to 41 Months in Prison
Politico – Josh Gerstein and Kyle Cheney | Published: 11/17/2021

Jacob Chansley, whose shirtless image on the U.S. Senate rostrum and menacing note to Vice President Mike Pence came to symbolize the January 6 assault on the Capitol, was sentenced to 41 months in prison, matching the harshest sentence handed down yet in the prosecution effort. U.S. District Court Judge Royce Lamberth acknowledged Chansley had not engaged in physical violence but said his role as a leader among those who went into the Senate chamber and disrupted the electoral vote tally compelled a serious prison sentence.

Sen. Braun’s Campaign Accused by FEC of Breaking Campaign Finance Laws
MSN – Kaitlin Lange (Indianapolis Star) | Published: 11/11/2021

U.S. Sen. Mike Braun’s 2018 campaign has been accused of accepting millions of dollars of potentially improper loans in an FEC memorandum and draft audit. Braun’s campaign argues in all the loans and contributions were legal. The FEC auditors were concerned because it appeared Braun accepted bank loans that did not require collateral. The auditors also found two checks worth $1.5 million from Meyer Distributing, a corporation Braun founded, that they say were incorrectly reported as a loan, according to the report.

Steve Bannon Indicted After Refusal to Comply with Jan. 6 Committee Subpoena
MSN – Devlin Barrett, Jacqueline Alemany, and Spencer Hsu (Washington Post) | Published: 11/12/2021

Former White House adviser Stephen Bannon was charged with two counts of contempt of Congress after refusing to comply with a subpoena from the House committee investigating the January 6 attack on the U.S. Capitol. He was indicted by a grand jury in Washington, D.C., a rare move by the Justice Department to escalate the consequences of a dispute involving Congress. Court records indicate only three such cases have been filed since 1990. The charges against Bannon each carry a maximum sentence of one year in jail and may serve as a warning to others seeking to avoid or defy the select committee.

The FEC Relies on Candidates’ ‘Good Faith’ When It Comes to Foreign Donations. But the Agency’s Inspector General Says That’s ‘Insufficient Oversight’ and Poses a ‘National Security Risk.’
Yahoo News – Bryan Metzger (Business Insider) | Published: 11/10/2021

A report by the FEC’s internal watchdog found the agency’s current system of handling potential foreign contributions by largely relying on candidates and political action committees to certify that they haven’t received foreign money “poses a national security risk and provides insufficient oversight of possible illegal foreign donations.” The report also lists the ongoing growth in campaign spending, remote work during the COVID-19 pandemic, issues with senior leadership staffing, and cybersecurity to be among the biggest challenges the FEC faces.

This Was Supposed to Be a Big Year for Hill Pay. Staffers Aren’t Holding Their Breath
MSN – Chris Ciofi (Roll Call) | Published: 11/18/2021

For a while it seemed as if this would be the year that Congress tackled its long-standing staff retention issues, but aides say that hope is waning. The prospect of higher pay soared this summer after House leadership decoupled member and staffer salary caps, and as appropriators proposed a 20 percent increase in the money members can spend on their offices and payroll. But as fall turns to winter, the two parties remain far apart on how to fund the government for fiscal 2022 beyond a series of stopgaps.

UK Govt Vows to Toughen Rules for Lawmakers After Ethics Row
Yahoo News – Jill Lawless (Associated Press) | Published: 11/16/2021

British Prime Minister Boris Johnson proposed a ban on lawmakers acting as “paid consultants” and promised to tighten ethics rules in response to scandals over lobbying and outside jobs that have tarnished politics in the United Kingdom. Johnson said lawmakers should be investigated if they were “neglecting their duties to their constituents and prioritizing outside interests,” and should be banned from acting as “paid political consultants or lobbyists.” He promised to seek cross-party support for changes to the House of Commons’ code of conduct.

Why Facebook Won’t Let You Control Your Own News Feed
Yahoo News – Will Oremus (Washington Post) | Published: 11/13/2021

In at least two experiments, Facebook explored what happens when it turns off its news feed ranking system, the software that decides for each user which posts they see and in what order. Both tests appear to have taught the researchers that users are better off with Facebook’s software calling the shots. In testimony to Congress, whistleblower Frances Haugen pointed to the algorithm as central to the social network’s problems, arguing it amplifies and rewards hateful, divisive, misleading, and sometimes false content by putting it at the top of users’ feeds.

Why GOP Leaders Can’t Keep Paul Gosar in Line
Mother Jones – Russ Choma | Published: 11/17/2021

While there were always party factions or caucuses pursuing their own interests, party leadership in Congress expected members to cooperate. Unnecessary controversy and self-serving provocations were not in the playbook. A key motivator was campaign finance. To secure reelection, members almost always needed help from party leaders who hold the purse strings in the House, those at the helm of the National Republican Congressional Committee and the Democratic Congressional Campaign Committee. The present scandal featuring Rep. Paul Gosar shows how the old methods of financial control no longer work.

Why Governors Keep Snubbing the Senate
Yahoo News – Marianne Levine and Burgess Everett (Politico) | Published: 11/15/2021

Republicans could not convince high-profile GOP governors Chris Sununu of New Hampshire and Phil Scott of Vermont to run for the U.S. Senate and help them win back the majority in 2022. Two more GOP governors, Doug Ducey of Arizona and Larry Hogan of Maryland, have also resisted running in those states’ Senate races next year. It is the latest chapter in congressional leaders’ bipartisan struggle to lobby popular candidates to come to Washington. That is no shock to those who have made the leap from executive to legislator. Coming to Washington these days just does not hold much appeal.

From the States and Municipalities

Alabama – State: Former House speaker tried to influence prison legislation from prison
Alabama Political Reporter – Josh Moon | Published: 11/15/2021

Even from prison, former Alabama House Speaker Mike Hubbard, who is serving time after being convicted of several felonies related to ethical violations, was attempting to use his remaining political power to coerce lawmakers to insert language into a recently passed prison bill that would have allowed him to go free. The filing from the state attorney general’s office, which is an objection to Hubbard’s request for an early release, cites more than 600 personal phone calls the state monitored between Hubbard and various associates, and dozens of emails.

California – Emails Show LA Commissioner Used Influence to Help Win $3 Million COVID-19 Contract, Union Alleges
Los Angeles Daily News – Scott Schwebke (Orange County Register) | Published: 11/14/2021

An embattled Los Angeles fire and police pensions commissioner accused of ethics violations by a law enforcement union over a $3 million contract to test unvaccinated city employees for COVID-19 began lobbying Mayor Eric Garcetti’s office nearly a year ago on behalf of his company, raising questions from critics about potential influence peddling, emails show. The Los Angeles Police Protective League is suing the city and demanding an investigation, alleging it failed to disclose that testing contractor PPS Health is partly owned by Dr. Pedram Salimpour, who was reappointed by Garcetti to the pension commission in 2017.

California – Lobbyists Weren’t Eligible for PPP Money, but California Firms Got Millions
San Diego Daily Tribune – Alexei Koseff (San Francisco Chronicle) | Published: 11/12/2021

Dozens of California lobbying firms received millions of dollars in emergency federal assistance meant for small businesses to ride out the coronavirus pandemic, though some were ineligible for the program. The low-interest Paycheck Protection Program loans were subject to long-standing eligibility requirements that included a prohibition on lending to firms “primarily engaged in political or lobbying activities,” meaning they derived more than half of their revenue from that business.

Colorado – FBI Raids Home of Lauren Boebert’s Ex-Campaign Manager in Colorado Election Tampering Probe
Salon – Igor Derysh | Published: 11/16/2021

The FBI raided the home of Mesa County Clerk Tina Peters and three others in an investigation into a voting system security breach. Peters was accused by state officials in August of helping to leak voting system passwords to a right-wing blog. The FBI also searched the home of Sherronna Bishop, who served as U.S. Rep. Lauren Boebert’s campaign manager. Bishop has been one of Peters’ most prominent allies in stoking unfounded allegations of voting machine problems in the election and hinted at a rally she was privy to unreleased data from Mesa County.

Idaho – Rep. Priscilla Giddings Censured, Removed from Legislative Committee by Idaho House
Idaho Statesman – Hayat Norimine | Published: 11/15/2021

Idaho Rep. Priscilla Giddings will be removed from a legislative committee over her actions when a sexual assault allegation came forward against a former lawmaker. House members vote to censure Giddings after she shared a far-right outlet’s article that identified a 19-year-old legislative intern who accused former Rep. Aaron von Ehlinger of rape. Giddings will be removed from the House Commerce and Human Resources Committee, which oversees laws around state employees.

Illinois – Businessman Pleads Guilty to Bribing Ex-State Sen. Martin Sandoval for Help with IDOT Land Sale
Yahoo News – Jason Meisner (Chicago Tribune) | Published: 11/17/2021

Businessperson Vahooman Mirkhaef pleaded guilty to federal charges alleging he paid at least $15,000 in bribes to then-Illinois Sen. Martin Sandoval to secure the purchase of state-owned property near his company. Mirkhaef admitted he also provided cash and other benefits over a three-year period to another elected official, identified only as “Public Official A,” in return for the official “using his position to attempt to benefit and not interfere with the operation” of Mirkhaef’s business.

Illinois – Director Fired After Improper Law Certificate Given to Donor
Yahoo News – John O’Connor (Associated Press) | Published: 11/17/2021

The director of the Illinois Law Enforcement Training and Standards Board was fired this fall after an investigation found he improperly issued a law enforcement certificate to an unqualified local philanthropist who is also the son of billionaire investor Warren Buffett. The Office of Executive Inspector General for the Agencies of the Governor determined Brent Fischer, executive director of the standards board since 2015, issued the certificate to Howard Buffett, who had served a 14-month appointment as Macon County sheriff and in 2016 donated land and $15 million for a law enforcement training academy.

Illinois – Ethics Board Says Aldermen Who Violate Code of Conduct Should Face Harsher Punishments as Gardiner Retaliation Claims Investigated
Book Club Chicago – Ariel Parrella-Aureli and Alex Nitkin (The Daily Line) | Published: 11/16/2021

The Chicago Board of Ethics is calling for harsher punishments for city council members who violate the council’s code of conduct after Ald. Jim Gardiner allegedly retaliated against constituents who criticized him. The board said it wants the city council to create an ordinance that would make the body’s code of conduct enforceable by law, not just “aspirational” as it is currently. This means officials caught flouting campaign finance rules or abusing their power in another way would be subject to sanctions such as fines, suspension, and termination.

Illinois – Pritzker Signs Law Banning Dark Money, Out-of-State Contributions in Judicial Campaigns
NPR Illinois – Hannah Meisel | Published: 11/15/2021

A new law in Illinois aims to ban out-of-state contributions and “dark money” in judicial campaigns by requiring all candidates to disclose the sources of their contributions. Gov. JB Pritzker signed Senate Bill 536, which makes other changes to the way elections are conducted. Under the bill, no judicial campaign committee is allowed to accept contributions from any out-of-state source or any person or entity that does not disclose the identity of those making the donation, except for contributions that are below the threshold for itemizing. It also raises the threshold for itemizing contributions to $1,000.

Illinois – State’s Top Fiscal Watchdog Cleared After Six-Year Battle Over Campaign Finance Violations Finally Resolved – for Now
NPR Illinois – Hannah Meisel | Published: 11/16/2021

The State Board of Elections voted unanimously to end years-long dispute over campaign finance violations committed by Illinois Auditor General Frank Mautino’s campaign committee before he became the state’s top fiscal watchdog. The board ruled Mautino and his now-defunct campaign committee did not knowingly violate campaign finance law during his two-decade tenure in the Illinois House. “Knowingly” was the key word the Illinois Supreme Court asked the board to concentrate on as it once again considered the what is left in a complaint first filed with the board nearly six years ago.

Iowa – Audit: Governor improperly used COVID funds for salaries
Yahoo News – David Pitt (Washington Post) | Published: 11/15/2021

A state audit on government spending accused Iowa Gov. Kim Reynolds of using nearly $450,000 in federal coronavirus relief funds to pay salaries for 21 staff members for three months last year and concealing the spending by passing it through the state Department of Homeland Security and Emergency Management. Reynolds has said the federal coronavirus relief law allowed salaries to be paid for workers whose job requirements were significantly changed due to the pandemic.

Maryland – Baltimore County Executive Proposes Public Campaign Finance Legislation
MSN – Taylor DeVille (Baltimore Sun) | Published: 11/15/2021

Baltimore County Executive Johnny Olszewski Jr. announced a bill creating public financing that candidates for the county council and county executive could start using in 2026. The legislation would require candidates for council and county executive to meet different qualifying thresholds for eligibility. For qualifying candidates, the county would match every dollar on a sliding scale. The legislation would also establish a Fair Election Fund Commission.

Massachusetts – After 600 Days, the Massachusetts State House Remains Closed to the Public. It Appears to Be the Only State Capitol Still Shut on This Continent
Boston Globe – Matt Stoudt | Published: 11/14/2021

Steeped in history, the Massachusetts statehouse stands alone for many reasons among the country’s state Capitols: Its iconic dome was constructed with copper from Paul Revere’s foundry and Samuel Adams laid its cornerstone. The seat of the state’s executive and legislative branches now has another: The statehouse appears to be the only state Capitol on the continent where the public remains barred from entering. The pandemic-induced closure has now stretched past 600 days, and legislative leaders in charge of the building say they are juggling how to safely reopen a building that typically receives some 100,000 visitors each year.

Michigan – Retired Detroit Police Officer Involved in Vehicle Auctions Pleads Guilty to Taking Bribes
Yahoo News – Joe Guillen (Detroit Free Press) | Published: 11/17/2021

Alonzo Jones, a retired Detroit police officer who ran the department’s vehicle auctions for more than 10 years, pleaded guilty in federal court to accepting $3,200 in bribes. The bribe payments came from a confidential FBI source involving in the towing industry and an undercover agent. In exchange for the money, Jones falsified paperwork that transferred ownership of abandoned vehicles without a public auction as required by law to the confidential source and the undercover agent.

Minnesota – Senate GOP Gets OK to Create Private Club for Legislators, Lobbyists During Session
Minnesota Reformer – Ricardo Lopez | Published: 11/12/2021

State Senate Republicans received approval from the Minnesota Campaign Finance Board to create a private meeting space for legislators and lobbyists and other dues-paying members, raising concerns about transparency and undue influence and access. The Senate Victory Fund, the Senate GOP’s campaign committee, sought the opinion on its proposal to lease meeting space accessible to lawmakers and members who pay a fee.

Missouri – Parson PAC Hit with Second Fine from Missouri Ethics Regulators
St. Louis Post-Dispatch – Kurt Erickson | Published: 11/17/2021

The campaign fund that raises money to push Missouri Gov. Mike Parson’s agenda illegally accepted a significant contribution from an out-of-state group last year. The Missouri Ethics Commission (MEC) said the Uniting Missouri PAC received a $150,000 contribution in October 2020 from a PAC associated with the Republican Attorney Generals Association. The contribution was deemed illegal because the attorney general association’s PAC was not registered with the MEC.

New York – AG Releases Interview Transcripts in Cuomo Harassment Probe
ABC News – Michael Hill, Jennifer Peltz, and Michael Sisak (Associated Press) | Published: 11/11/2021

Over an 11-hour interview with investigators last July, then-New York Gov. Andrew Cuomo defiantly denied allegations he sexually harassed women and sparred with the lawyers questioning him, accusing one of being out to get him, according to a transcript. State Attorney General Letitia James made public hundreds of pages of transcripts of interviews conducted by two independent lawyers, hired by her office, during their monthslong probe of sexual harassment allegations against Cuomo.

New York – Cuomo’s Book Approval Rescinded by Ethics Panel, Jeopardizing Millions
Albany Times Union – Chris Bragg | Published: 11/16/2021

The New York Joint Commission on Public Ethics (JCOPE) voted to rescind approval of former Gov. Andrew Cuomo’s book deal, paving the way for commissioners to potentially claw back millions of dollars in proceeds paid to the ex-governor. In July 2020, JCOPE Deputy Counsel Martin Levine approved Cuomo’s request to write the book about his early handling of the pandemic. But it has since emerged that Cuomo used government staff to help edit and produce the book, something his government attorney at the time, Judith Mogul, had explicitly stated would not occur as she sought the staff’s approval that summer.

New York – How Small-Dollar Public Financing Helped NYC Elect Its Most Diverse City Council Ever
The City – Ese Olumhense | Published: 11/16/2021

Ninety-seven percent of the record-breaking 39 women and Black, Latino, and Asian New Yorkers elected to the city council in November raised money through the public financing program, which enables participating candidates to have their small-dollar donations matched eight-to-one with public money, according to a new analysis by the Brennan Center. The “robust” public matching funds program is partially responsible for the dramatic shift in representation in the incoming council, the report’s authors said. The new council will be the most racially diverse it has ever been, and women are expected to increase their representation to at least 59 percent.

New York – State Ethics Panel Issues Fines to Lobbyists in Secret
Albany Times Union – Chris Bragg | Published: 11/15/2021

The secrecy surrounding the New York Joint Commission on Public Ethics (JCOPE) issuing fines to lobbyists for late reports makes it difficult to know whether the agency is enforcing the rules evenhandedly, a relevant question for an entity often accused of favoring the administration of former Gov. Andrew Cuomo. JCOPE has assessed $250,000 in fees this year from lobbyists who have missed deadlines to disclose activities before state government. But officials will say little else about the program, including which lobbyists have faced penalties, why they have been fined, or why their staff chooses to forgive certain fines.

Ohio – Who Knew About Bribes Paid During FirstEnergy Solutions’ Bankruptcy and House Bill 6 Bailout Campaign?
Energy and Policy Institute – Dave Anderson | Published: 11/16/2021

FirstEnergy Solutions’ (FES) management, board, and some top consultants for the utility and its creditors knew about plans to spend over $40 million on political contributions during the company’s Chapter 11 bankruptcy. Federal prosecutors said the money was part of a nearly $60 million bribery scheme at the Ohio Capitol. U.S. Bankruptcy Judge Alan Koschik recently granted final approval for the $68 million in fees and expenses that FES accumulated with Akin Gump Strauss Hauer & Feld. Akin Gump served as co-counsel to FES during the company’s restructuring and lobbied for bailout proposals on behalf of the utility.

Pennsylvania – John Dougherty and Bobby Henon Convicted of Conspiracy in Federal Corruption Trial
WHYY – Meir Rinde | Published: 11/15/2021

A powerful Philadelphia labor leader and a city council member were found guilty of conspiracy charges in a corruption trial. Prosecutors said John Dougherty kept Bobby Henon, a union electrician-turned-Philadelphia City Council member, on the payroll to help his union keep a tight grip on construction jobs. Dougherty still faces at least one more federal trial based on charges in the sweeping 2019 indictment. U.S. Attorney Jennifer Williams called the verdict “a strong message to the political power players of this city … that the citizens of Philadelphia will not tolerate public corruption as business as usual.”

Pennsylvania – New Limits Would Curtail Lobbyist Perks for Pa. Lawmakers, but One Leader Could Stand in the Way
Pittsburgh Post-Gazette – Angela Couloumbis (Spotlight PA) | Published: 11/11/2021

Pennsylvania lawmakers and other elected officials have been able to pocket almost anything sent their way by lobbyists, special interests, and others with a stake in government. Yet bills to end a system criticized as the “Wild West” for influence peddling have died with little or no debate. A coalition of Republican leaders has publicly backed placing limits on gifts to elected officials and public employees, though one key leader has so far refused to endorse the change, a potentially fatal roadblock.

South Dakota – South Dakota Legislature Moves for Subpoenas on Noem Meeting
MSN – Stephen Groves (Associated Press) | Published: 11/15/2021

South Dakota lawmakers moved to subpoena a document and a former state employee at the center of questions about whether Gov. Kristi Noem used her influence to aid her daughter’s application for a real estate appraiser license. The Legislature’s Government Operations and Audit Committee is pressing for details about a meeting the governor called last year that included her daughter, Kassidy Peters, and key decision-makers in a government agency that had moved days earlier to deny Peters’ application for an upgrade to her appraiser certification.

Tennessee – Tennessee GOP Primary Fee Creates Ethical Dilemma for Judge Candidates
Yahoo News – Andy Sher (Chattanooga Times Free Press) | Published: 11/18/2021

The Tennessee Republican Party’s approval of a plan to require that candidates for federal, state, and county elected offices pay a fee to run in a GOP primary is generating a case of ethical, as well as political, heartburn for state judges and judicial candidates. The legal angst stems from a recent opinion from the state’s judicial ethics committee about the issue. The panel stated in an advisory opinion that Tennessee’s Rules of the Code of Judicial Conduct bar the practice of paying the fee.

Washington DC – Trayon White Files Paperwork for D.C. Mayoral Bid Amid Campaign Finance Inquiry
MSN – Micahel Brice-Saddler (Washington Post) | Published: 11/12/2021

District of Columbia Council member Trayon White Sr. officially filed paperwork for his 2022 mayoral campaign about one month after he first announced via Instagram he was running. The delay is now the subject of an “internal inquiry” by the Office of Campaign Finance to determine whether White may have improperly engaged in campaign activities without having filed paperwork. City law states individuals must register as a candidate within five days of accepting a contribution or making any campaign-related expenditures.

National/Federal

Big Bird Got ‘Vaccinated’ Against COVID-19, Drawing Outrage from Republicans
National Public Radio – Rachel Treisman | Published: 11/8/2021

Big Bird ruffled some feathers when he tweeted that he was vaccinated against COVID-19, which is now available for children between the ages of five and 11. The Muppet has been a fixture of children’s television since 1969 but is officially six years old. U.S. Sen. Ted Cruz decried the character’s tweet as “government propaganda.” Others denounced Big Bird as a puppet (literally) and communist. Many noted the irony of the criticism, given Big Bird is both a fictional character and one known for spreading messages of kindness and curiosity.

Clash With Corruption Watchdog Has Boris Johnson Retreating, Again
New York Times – Stephen Castle | Published: 11/4/2021

United Kingdom Prime Minister Boris Johnson intervened to stop the suspension from Parliament of Owen Paterson, a fellow Conservative Party lawmaker found to have broken rules on lobbying. The government also pushed through contentious plans to change the system that investigated Paterson, who resigned following a backlash from politicians, news organizations, and others. Some neutral observers think that Mr. Johnson walked into a minefield of his own making.

Donors Threatened to Shun the GOP After Jan. 6. Now, Republicans Are Outraising Democrats.
MSN – Josh Dawsey, Isaac Stanley-Becker, and Michael Scherer (Washington Post) | Published: 11/9/2021

One day after rioters ransacked the Capitol in a bid to overturn the 2020 election, Republican lobbyist Geoff Verhoff sent an email to top GOP officials. Verhoff, a bundler who works at the lobbying firm Akin Gump, wrote he was resigning as co-chair of the Republican National Committee’s finance committee because he could no longer associate himself with Donald Trump and his movement. But when Trump spoke to some of the party’s top donors recently, Verhoff was one of the attendees. He has also recently given sizable sums to Republican candidates, including members who voted to overturn the results of the election.

FEC Eases Federal Contractors-Turned-Political Donors’ Path
Bloomberg Government – Kenneth Doyle | Published: 11/5/2021

The first $100,000 contribution to a pro-Donald Trump super PAC by an affiliate of the corrections company GEO Group came in 2016, a day after the Obama administration announced it would end federal use of private prisons. GEO’s stock price dropped but shot back up when Trump reversed the policy. Since then, affiliates of GEO have contributed over $2 million to Republican super PASCs. GEO’s contributions violated a decades-old ban on campaign money from government contractors, the Campaign Legal Center complained. But in a move that could have a wide impact on other contractors, the FEC dismissed the complaint.

GOP Lobbyists Say Corporate America Is Coming Back into the Tent
Yahoo News – Hailey Fuchs (Politico) | Published: 11/8/2021

Republican lawmakers appear more likely to take back Congress in 2022 and corporate America is taking notice. A host of Republican lobbyists say the elections in Virginia and New Jersey have ignited interest from their corporate clients on making inroads with GOP officials on Capitol Hill. They also suspect cash will soon start flowing from corporate PACs to their party’s lawmakers. Corporate America’s potential embrace of the congressional GOP is notable for what preceded it.

GOP-Appointed Judges Freeze Biden Vaccine Requirement After Federal Lawsuit
MSN – Eli Rosenberg (Washington Post) | Published: 11/6/2021

A federal appeals court suspended the Biden administration’s new vaccine requirement for private companies, delivering a major blow for one of the White House’s key attempts to increase the number of vaccinations to corral the pandemic. The decision was issued by a panel of three judges appointed by Republican presidents in the U.S. Court of Appeals for the Fifth Circuit. The judges wrote there was “cause to believe there are grave statutory and constitutional issues with the mandate,” staying the order while the court assesses it.

House Jan. 6 Committee Issues Subpoenas to 6 Top Trump Advisers, Including Pair Involved in Willard Hotel ‘Command Center’
MSN – Jacqueline Alemany, Tom Hamburger, and Josh Dawsey (Washington Post) | Published: 11/8/2021

The U.S. House select committee investigating the January 6 insurrection issued subpoenas to six top advisers to former President Trump, including two who were active in the Willard Hotel “command center” where Trump’s loyal backers oversaw efforts in January to overturn the 2020 election. Those actions included blocking or delaying the counting of electoral votes from battleground states where results were in dispute. Those states became the focus of the effort inside the hotel command center to find evidence of fraud that might compel state legislators to challenge Biden’s victory.

Igor Danchenko Arrested, Charged with Lying to FBI About Information in Steele Dossier
MSN – Devlin Barrett and Tom Jackman (Washington Post) | Published: 11/4/2021

An analyst who was a primary source for a 2016 dossier of allegations against Donald Trump has been arrested on charges he repeatedly lied to the FBI about where and how he got his information. Igor Danchenko’s role in providing information to British ex-spy Christopher Steele, who compiled the accusations about Trump in a series of reports, has been a subject of scrutiny from internal Department of Justice investigators and special counsel John Durham. A 2019 report by the Justice Department inspector general found major problems with the accuracy of Danchenko’s information.

Pelosi Calls for Investigations of Gosar’s Video That Depicts Him Killing Ocasio-Cortez
MSN – Felicia Sonmez and John Wagner (Washington Post) | Published: 11/9/2021

House Speaker Nancy Pelosi called for multiple investigations into the posting of an animated video by U.S. Rep. Paul Gosar that depicts him killing U.S. Rep. Alexandria Ocasio-Cortez and swinging two swords at President Biden. Gosar has long drawn criticism for his extremist views, including his spreading of conspiracy theories about the January 6 attack on the U.S. Capitol by a pro-Trump mob and the deadly white-nationalist rally in Charlottesville in 2017. In February, he appeared at an event whose organizer called for white supremacy.

Pharmaceutical Industry Likely to Shatter Its Lobbying Record as It Works to Shape Democrats’ Spending Bill
MSN – Yeganeh Torbati and Jonathan O’Connell (Washington Post) | Published: 11/5/2021

Ads targeting lawmakers who supported allowing Medicare to negotiate prescription drug prices were one strand of a massive, months-long advertising, lobbying and political donation campaign undertaken by the pharmaceutical industry and its allies, perhaps the strongest of all corporate voices on Capitol Hill, to defeat a Democratic proposal to lower the cost of prescription drugs. The measure was in, then out, then watered down, going through a fierce ping-pong of backroom negotiations that is likely to continue once the Senate considers the bill in coming weeks.

Probe Finds Trump Officials Repeatedly Violated Hatch Act
MSN – Jill Colvin (Associated Press) | Published: 11/10/2021

At least 13 former Trump administration officials, including Jared Kushner and Mike Pompeo, violated the law by intermingling campaigning with their official government duties, according to a federal investigation. The report from the Office of Special Counsel says the officials broke the law without consequence and with the administration’s approval as part of a “willful disregard for the Hatch Act,” which prohibits government officials from using their official roles to influence elections, including supporting candidates while acting in their official capacities.

They Raised Millions for Trump. Spent Barely Any of It on Him. Now They’re Indicted.
Yahoo News – Caitlin Oprisko (Politico) | Published: 11/10/2021

Federal prosecutors charged Matt Tunstall and Robert Reyes with conspiracy to commit wire fraud and to lie to the FEC. Prosecutors allege that of the roughly $3.5 million raised by the PACs they ran during the 2016 election, “only approximately $19 were distributed to any candidate’s authorized campaign committee or to any political cause, while a total of more than $1.5 million was used to benefit” the PAC operators. “Scam PACs” have proliferated over the last decade. The FBI has urged would-be donors to be on the lookout for such schemes.

Trump Loses Bid to Keep Jan. 6 Records from House Committee Investigating Riot
NBC News – Pete Williams | Published: 11/9/2021

A federal judge sided with the congressional committee investigating the January 6 insurrection by refusing to block the release of scores of White House documents from the Trump administration. The ruling from U.S. District Court Judge Tanya Chutkan means the first batch of disputed documents is set to be turned over to the House select committee. Lawyers for Donald Trump filed an appeal. President Biden has said executive privilege should not be invoked to block the select committee’s document requests.

USC Gave Rep. Karen Bass a Full Scholarship Worth $95,000 While She Served in Congress
MSN – Dakota Smith and Matt Hamilton (Los Angeles Times) | Published: 11/10/2021

U.S. Rep. Karen Bass received approval from the House ethics committee to accept a scholarship worth $95,000 from the University of Southern California (USC) School of Social Work. Bass said the program increased her understanding of child welfare policy. Now, USC’s efforts to connect with local politicians have become the subject of scrutiny. Bass was offered the scholarship by Marilyn Flynn, then the dean of USC’s social work school. Flynn was indicted for allegedly giving the son of then-Los Angeles County Supervisor Mark Ridley-Thomas a scholarship and job in return for USC being awarded government contracts.

Voting Technology Firm Smartmatic Sues Newsmax and One America News, Alleging Defamation
MSN – Annabelle Timsit (Washington Post) | Published: 11/4/2021

The voting technology firm Smartmatic filed lawsuits against Newsmax and the parent company of One America News, alleging the right-wing outlets knowingly spread disinformation during the 2020 U.S. presidential election and defamed the company by telling viewers, without evidence, that its technology was used to steal votes from then-President Trump. The lawsuits are the latest chapter in a legal battle that has pitted firms that sell electronic voting machines and software in the U.S. against Trump-friendly news outlets.

From the States and Municipalities

Arizona – Arizona Board with Close Ties to Landlord Group Oversees Constables Who Serve Eviction Writs
Yahoo News – Jessica Boehm, Catherine Reagor, and Ralph Chapoco (Arizona Republic) | Published: 11/8/2021

When renters are evicted, constables deliver the court orders – sought by landlords – that demand the tenants move out. But the board that trains and disciplines Arizona’s elected constables has close ties to the most powerful landlord group in the state. The relationship drew new scrutiny during the COVID-19 pandemic, when constables played an even more important role in the eviction process, sometimes deciding whether tenants qualified for eviction moratoriums.

California – SoCal Public Officials Targeted in Broadening Federal Investigation into Pot Licensing
MSN – Ruben Vives and Robert Lopez (Los Angeles Times) | Published: 11/7/2021

A federal grand jury issued subpoenas seeking information about cash and other payments to public officials and cannabis consultants as part of a criminal investigation into pot licensing in Baldwin Park and nearby cities in California. Federal authorities, including agents from the FBI and IRS, have been interviewing witnesses and are seeking a wide range of records regarding Baldwin Park city officials who approved cannabis licenses and consultants who helped businesses obtain the permits.

Colorado – Denver’s Top Parking Enforcer ‘Fixed’ 21 of His Own Tickets
KESQ – Brian Maas | Published: 11/5/2021

Denver’s Director of Right of Way Enforcement, Jonathan Featherston, received 21 parking citations on his personal car in 2020 and 2021. He ordered every one of the citations canceled, with Featherston now explaining he received the tickets while he was engaging in a secret “mystery shop” campaign to test how well parking agents were doing in handing out parking tickets. The curious practice came to light when a whistleblower noticed what Featherston was doing and filed a complaint with the city Board of Ethics, suggesting Featherston was engaged in “questionable ethical conduct,” using his public position for private gain.

Colorado – State Files Lawsuit Over Peters Campaign Fundraising
Grand Junction Daily Sentinel – Charles Ashby | Published: 11/8/2021

The Colorado attorney general’s office filed a lawsuit against Mesa County Clerk Tina Peters over her fundraising efforts and failure to report contributions and expenses for nearly three years. The lawsuit says Peters clearly is running for re-election next year, and is soliciting donations, but has not filed a campaign finance report since terminating her previous account in January 2019, a few months after she was first elected to office.

Florida – J.T. Burnette Gets 3 Years in Federal Prison, $1.25M Fine in City Hall Public Corruption Case
Yahoo News – Jeff Burlew (Tallahassee Democrat) | Published: 11/9/2021

Businessperson J.T. Burnette was sentenced to three years in federal prison and a $1.25 million fine for his role in a corruption scheme. Burnette, a wealthy entrepreneur, was convicted for his role in a long-running City Hall bribery ring involving former city Commissioner Scott Maddox and his accomplice and girlfriend Paige Carter-Smith. Peter Nothstein, deputy director of the Department of Justice’s Public Integrity Section, noted Burnette never admitted “what he did was wrong.” He said for Burnette, bribery was just the cost of doing business.

Florida – Opa-locka Mayor Abruptly Resigns During Commission Meeting, Citing ‘Corruption’
MSN – Aaron Leibowitz (Miami Herald) | Published: 11/10/2021

Opa-locka Mayor Matthew Pigatt abruptly announced his resignation during a city commission meeting, marking the latest twist of fate for a city trying to overcome years of corruption and political chaos. Following a public comment period, he rose from his seat at the dais to deliver a prepared statement. Pigatt’s resignation was not on the agenda. Pigatt won a commission seat in 2016, pledging reform and transparency amid an FBI corruption probe at City Hall and state oversight of the city’s finances. He became mayor in 2018 on a similar platform.

Florida – Professors Sue University of Florida, Claiming Free Speech Restraints
MSN – Lori Rozsa and Susan Svrluga (Washington Post) | Published: 11/6/2021

Three professors filed a lawsuit against the University of Florida, claiming school officials violated their right to free speech by trying to prevent them from offering testimony in a voting rights case. The case further inflames a heated debate over academic freedom, one that has brought national attention and criticism to the state’s flagship university. It was filed on the same day school officials reversed course and said the three political science professors should not be barred from testifying in a voting rights lawsuit against the administration of Gov. Ron DeSantis.

Indiana – Ex-Indiana House Speaker Bosma Registers as Paid Lobbyist
Yahoo News – Associated Press | Published: 11/8/2021

Former Indiana House Speaker Brian Bosma registered as a paid statehouse lobbyist a little more than a year after he left elected office. Bosma is working with 1816 Public Affairs Group, a lobbying firm headed by Michael O’Brien, who was Gov. Eric Holcomb’s 2016 campaign manager. Bosma said he joined the firm last year as a consultant and carefully followed the state’s one-year ban before a former lawmaker can legally deal directly with old colleagues on legislative business.

Maine – Foreign Company’s Subsidiary Poured Millions into Influencing Maine Ballot Referendum
Center for Responsive Politics – Anna Massoglia | Published: 11/9/2021

A Maine ballot referendum to halt the construction of a $1 billion cross-border corridor of electric transmission lines from Canada attracted more than $89 million in funds through ballot campaigns. Top donors pouring $63 million into opposing the referendum included HQ Energy Services, the U.S. affiliate of Hydro Quebec. The Canadian company’s role sparked debate about whether companies with foreign government ownership should be allowed to spend on ballot referendums. The FEC ruled foreign donors can finance U.S. ballot measure committees under federal campaign finance law.

Michigan – Detroit Police Chief Looks to Computer Software to Root Out Towing Corruption
Yahoo News – Christine MacDonald (Detroit Free Press) | Published: 11/10/2021

The Detroit Police Department announced new measures aimed at clamping down on corruption in vehicle towing, an area at the center of an ongoing federal public corruption investigation. Police Chief James White said the department wants to buy computer software that will divvy up jobs to tow companies, taking the “human element” out of the process and reducing the chances someone could steer work to a favored outlet. He said the department also will launch an investigative unit staffed by civilians to ensure towing rules are followed.

Missouri – Firefighters Union Chief Collects City Salary While Working Other Full-Time Job in DC
MSN – Mike Hendricks (Kansas City Star) | Published: 11/10/2021

Kansas City Manager Brian Platt signed a previously undisclosed agreement last summer allowing the fire captain who then headed the local firefighters’ union to remain on the city payroll and collect his $86,000 a year salary while working full time in Washington, D.C. The unprecedented arrangement also exempts Tim Dupin from the city’s residency rules while earning more than $150,000 annually from his new job as the International Association of Fire Fighters’ director of political action at the union’s Washington headquarters.

Missouri – PACs Tied to Missouri Lobbyist Scramble to Account for Funds
Yahoo News – Jason Hancock (Missouri Independent) | Published: 11/10/2021

A pair of PACs connected to a Missouri lobbyist under FBI scrutiny have begun taking steps to account for nearly $170,000 in cash that went unreported on disclosures to the state Ethics Commission. The discrepancies with PACs connected to Steve Tilley, a former state lawmaker and longtime adviser to Gov. Mike Parson, were first documented by The St. Louis Post-Dispatch. It found the PACs reported cash balances in early 2021 that were significantly lower than the total reported at the end of 2020 without any corresponding spending to explain the decrease.

New Jersey – Surprise NJ Senate Winner Says Sorry Amid Scrutiny of Posts
Yahoo News – Associated Press | Published: 11/5/2021

A truck driver who ousted the powerful New Jersey Senate president in the election previously posted online calling Islam “a false religion,” comparing vaccine mandates to the Holocaust, and defending rioters at the U.S. Capitol. Republican Edward Durr apologized after media outlets highlighted the posts. His victory over Steve Sweeney, widely regarded as the second-most powerful Democrat in state government, in the November 2 shocked the state’s political establishment. Durr spent a paltry sum on his campaign.

New Jersey – ‘This Sentence Will Go on Forever’: Morristown lawyer gets probation in corruption case
Morristown Green – Kevin Coughlin | Published: 11/6/2021

A lawyer who pled guilty to records tampering to secure municipal contracts avoided prison, receiving three years’ probation and community service. Elizabeth Valandingham was charged in connection with a state political corruption investigation that centered on her boss, attorney Matt O’Donnell. He pled guilty to corporate misconduct and conspiracy to tamper with records. Between 2013 and 2017, authorities charged, Valandingham helped secure at least $600,000 in legal work for O’Donnell’s now-shuttered firm by falsely representing to Mt. Arlington and Bloomfield officials, and to the state Election Law Enforcement Commission, that the firm had made no political contributions in those towns.

New York – De Blasio Defends Leaving $300K Legal Bill Unpaid
Politico – Erin Durkin | Published: 11/10/2021

New York City Mayor Bill de Blasio does not plan to dip into his own pocket to pay any of the $300,000 in outstanding legal bills he owes from a corruption investigation, saying he will rely on donors to pay the tab. De Blasio has owed the money to the law firm Kramer, Levin, Naftalis and Frankel since 2017, after lawyers there represented him in a probe into whether the mayor and his aides did special favors for campaign donors. The outstanding debt has raised conflict-of-interest concerns since the firm represents many clients with business before the city.

New York – Millions in Secret Ballot Spending Raises Legal Question
Albany Times Union – Chris Bragg | Published: 11/4/2021

The public had no know way to immediately know who had funded the multi-million-dollar campaign by the state Conservative Party against three proposed constitutional amendments in New York, including attack ads. The origin of the funding may not be known until January because the ads were paid for by a political spending vehicle that critics have long derided as a major loophole in the law. Both the Conservative Party and Senate Democrats maintain the practice was legal, though the language of state law is not clear on the subject.

Ohio – Ohio Medicaid: It’s not a conflict if you only own stock in the parent company
Ohio Capital Journal – Marty Schladen | Published: 11/9/2021

Ohio Medicaid Director Maureen Corcoran did not have a conflict-of-interest when she signed multi-billion-dollar contracts earlier this year, her department’s attorneys are arguing. That is because she only owns stock in parent corporations, not their Ohio subsidiaries to whom she awarded contracts. The department made the argument in a court case in which a disappointed bidder is trying to overturn a process that resulted in the award of $22 billion worth of managed-care business to six corporations.

Ohio – Ohio Utility Regulator Lobbied for Legislation to Save FirstEnergy Millions, Texts Show
Ohio Capital Journal – Jake Zuckerman | Published: 11/9/2021

Ohio’s top utility regulator quietly lobbied lawmakers to include a provision in the state budget that saved tens of millions for FirstEnergy Corp., text messages from company executives show. FirstEnergy admitted in court it paid Sam Randazzo more than $4.3 million in the weeks before Gov. Mike DeWine appointed him in February 2019 as chairperson of the Public Utilities Commission of Ohio, which regulates power companies. The texts suggest Randazzo helped convince lawmakers to slip into the 2019 budget a few sentences worth millions of dollars to FirstEnergy.

Pennsylvania – Pa. Lobbyists Disclose Some Financial Interests for First Time But Details Are ‘Very Nebulous’
Lancaster Online – Sam Janesch (The Caucus) | Published: 11/10/2021

Lobbyists and principals in Pennsylvania are now required to disclose their financial interests in companies for which they advocate. The disclosures are billed as a step toward transparency. But their format is haphazard and, arguably, useless, according to an analysis and interviews with advocates and others who have reviewed the filings. Amid a narrow reporting period and few guidelines, lobbyists interpreted the new requirement in a variety of ways. There are more than 1,230 registered lobbyists and firms in the state. More than 130 of them disclosed equity in their clients.

Texas – Dallas Real Estate Developer Ruel Hamilton Sentenced To 8 Years in Prison For Bribing 2 Former City Council Members
MSN – Staff | Published: 11/9/2021

A real estate developer was sentenced to eight years in federal prison for bribing two former Dallas City Council members. Ruel Hamilton was also ordered to pay a $150,000 fine. From 2013 to 2015, Hamilton shelled out tens of thousands of dollars in bribes to Carolyn Davis, who was then serving as chairperson of the council’s Housing Committee. In return, Davis, who pleaded guilty to her role in the scheme prior to her death in 2019, supported Hamilton’s housing project. To disguise the bribe payments, Hamilton funneled payments to Davis through a not-for-profit intermediary.

Virginia – Va. Senate Democrats Ask State Supreme Court to Disqualify Republicans’ Nominated Map Drawers
MSN – Meagan Flynn and Teo Armus (Washington Post) | Published: 11/8/2021

The Virginia Senate Democratic Caucus asked the state Supreme Court to disqualify all three nominees tapped by Republican leadership to help it draw the state’s new congressional and legislative maps, calling them “political operatives” with conflicts-of-interest. The state Supreme Court is redrawing the maps after the bipartisan Virginia Redistricting Commission, approved by voters in a constitutional amendment last year, did not reach agreement on new congressional and General Assembly districts.

Virginia – White Supremacists Find a New Platform to Spread Hate: A federal courtroom in Charlottesville
MSN – Ellie Silverman (Washington Post) | Published: 11/10/2021

White supremacists are weaponizing the federal civil trial about the deadly 2017 Unite the Right rally in Charlottesville into a spiteful stage. Some of the defendants have been ousted from social media such as Facebook but in this courtroom, they have found a new platform to amplify their racist views, put on performances they boast about on podcasts, radio shows, and in live during-the-trial chats, and to attack their opponents. The defendants are some of the most notorious white supremacists and hate groups in the country, and the plaintiffs allege they engaged in a conspiracy to commit racially motivated violence.

Washington – PDC: ‘Washougal Moms’ must register as political action committee
The Columbian – Doug Flanagan (Camas-Washougal Post-Record) | Published: 11/5/2021

The Public Disclosure Commission (PDC) has called out the Washougal Moms group for failing to register as a PAC. In a formal warning, the PDC said the organization had also failed to identify its financial sponsors and had not reported required financial contributions and expenditures. Formed in May to defend three mothers accused of disrupting a Washougal School Board meeting, the group has since hosted a “tribunal” to elect a shadow school board, posted opposition to at least one school board incumbent running for reelection, and called for current school board officials to be removed and arrested.

Washington DC – A D.C. Elected Official, Who Holds Office While Incarcerated, Was Almost Moved to Pennsylvania Prison
MSN – Julie Zauzmer Weil (Washington Post) | Published: 11/9/2021

Political leaders in the District of Columbia successfully scrambled to prevent an elected official who holds his position while incarcerated in the city jail from being transferred to a federal prison more than 100 miles outside Washington. Joel Castón’s narrowly averted transfer to a federal prison in Pennsylvania underscores the situation of hundreds of city inmates who are being transferred far from their families and communities. By staying in the city, Castón says, he will be able to keep fulfilling the duties of his office: representing those inmates who will be transferred, his constituents.

Washington DC – As Bowser Launches Reelection Bid, Her High-Profile Appointee Is Under Fire
MSN – Paul Schwartzman (Washington Post) | Published: 11/6/2021

Neil Albert abruptly resigned recently as chairperson of the District of Columbia Housing Authority Board of Commissioners. His exit followed a published report that he failed to reveal he was in a relationship with Paola Moya before approving her architectural firm for lucrative authority contracts. Federal prosecutors served the authority with a criminal subpoena, seeking documents related to Albert, Moya, and her firm. In addition, members of the city council asked the inspector general to conduct a broad investigation into what they called “a pattern of misconduct” at the agency.

Washington DC – Judge Lets Claim Against Trump’s Inaugural Committee and Private Business Move Forward
Yahoo News – Myah Ward (Politico) | Published: 11/8/2021

The lawsuit against former President Trump’s 2017 inaugural committee and his private business could potentially go to trial after a judge allowed some of the local attorney general’s claims to move forward. The lawsuit filed by District of Columbia Attorney General Karl Racine alleges the Trump International Hotel in Washington illegally received more than $1 million by charging the Presidential Inaugural Committee inflated prices to use ballrooms and other event spaces, violating the city’s laws governing nonprofit organizations.

National/Federal

A Year Out, Political Groups Prepare for What Could Be the Most Expensive Midterms Ever
MSN – Kate Ackley (Roll Call) | Published: 11/2/2021

Next year’s midterm elections, which will determine control of the House and Senate for the second half of President Biden’s first term, are on pace to shatter previous records, thanks largely to big money outside groups. Super PACs – more than a decade old, with an infrastructure and stream of donors to rival the political parties – and other outside organizations already have begun to invest heavily to influence the outcome of the 2022 elections. An infusion of millions of dollars into a race can upend the previous dynamics. Outside organizations will rely on polling and other cues for where to put their money.

At Least Seven Jan. 6 Rallygoers Won Public Office on Election Day
MSN – Amy Wang and Mariana Alfaro (Washington Post) | Published: 11/3/2021

At least seven people who attended the pro-Trump rally on January 6 in Washington, D.C. that preceded the insurrection at the U.S. Capitol were elected to public office on November 2. None were charged with crimes, and all denied being part of the pro-Trump mob that stormed the Capitol to stop the certification of President Biden’s electoral college win. The attack resulted in five deaths and left some 140 members of law enforcement injured.

Burr’s Brother-in-Law Called Stock Broker, One Minute After Getting Off Phone with Senator
ProPublica – Robert Faturechi | Published: 10/28/2021

After U.S. Sen. Richard Burr dumped more than $1.6 million in stocks in February 2020, a week before the coronavirus market crash, he called his brother-in-law, according to a new Securities and Exchange Commission (SEC) filing. They talked for 50 seconds. Burr, according to the SEC, had material nonpublic information regarding the incoming economic impact of coronavirus. The very next minute, Burr’s brother-in-law, Gerald Fauth, called his broker. It was previously unknown that Burr and Fauth spoke that day, and their contact came just before Fauth began the process of dumping stock himself.

Cases Show Foreign Donors Secretly Funnel Money Through Straw Donors, Shell Companies, ‘Dark Money’
Center for Responsive Politics – Anna Massoglia | Published: 10/28/2021

Lev Parnas, a Soviet-born former business associate of Rudolph Giuliani, was recently convicted for campaign finance crimes. His case exposed the ways secret donors, including foreign nationals, can hide their identities from the American public while currying influence with politicians through straw donors, shell companies, and other forms of “dark money.” While Parnas’ case ended with a conviction, other prosecutions in similar cases are just beginning.

Foreign Nationals Can Finance Ballot Initiatives, FEC Affirms
MSN – Isaac Stanley-Becker (Washington Post) | Published: 11/3/2021

The FEC affirmed that foreign nationals can legally spend money on ballot measures in states that do not otherwise forbid the practice. Federal law prohibits foreign nationals from making contributions in connection with federal, state, or local elections but is silent on spending related to ballot initiatives. The decision is consistent with established interpretations of federal election law, campaign finance experts said. But it does not address whether certain types of ballot initiatives that explicitly involve a candidate or bear directly on elections, such as redistricting measures, might trigger the federal ban on foreign money, said FEC member Ellen Weintraub.

Gun Control Group Alleges Campaign Finance Violations in Lawsuit Against NRA
MSN – Mychael Schnell (The Hill) | Published: 11/2/2021

The gun control group Giffords filed a lawsuit against the National Rifle Association, alleging the advocacy group violated campaign finance laws by illegally contributing tens of millions of dollars to Republican U.S. Senate and presidential candidates, including Donald Trump in 2016, through shell corporations. “Over the past seven years, the National Rifle Association has engaged in an ongoing scheme to evade campaign finance regulations by using a series of shell corporations to illegally but surreptitiously coordinate advertising with at least seven candidates for federal office,” the complaint states.

‘Last Stop’ House Committee Takes Its Turn in the Limelight
MSN – Lindsey McPherson (Roll Call) | Published: 11/3/2021

After 13 committees spent countless hours in September preparing a $3.5 trillion-plus partisan budget reconciliation package, the House Rules Committee – “the most powerful committee that people haven’t heard of,” according to its chairperson, U.S. Rep. Jim McGovern – is going to cut the measure almost in half. It is the panel’s job to tweak bills so they ultimately have the votes to pass. The committee has no original legislative jurisdiction, but the policy areas it can influence are endless.

Lobbying Firms Connected to Biden White House Are Flourishing Under New Administration
Yahoo News – Soo Rin Kim (ABC News) | Published: 11/3/2021

Lobbying firms with ties to President Biden and his administration are thriving, with some doubling and quadrupling their lobbying revenues from last year, disclosure filings show, but overall lobbying revenues have not increased much over the last year. Three firms led by former Biden aides and others with close ties to key members of the administration have brought in far more in lobbying revenues in just the first three quarters of 2021 than the amount they brought in during the entire previous year.

Perfect Attendance: Susan Collins racks up 8,000th vote in the Senate
MSN – Chris Cioffi (Roll Call) | Published: 11/1/2021

Even a global pandemic could not stop Susan Collins from keeping up her perfect U.S. Senate attendance, a consecutive voting streak that has stretched nearly a quarter-century. She reached the 8,000-vote mark recently, voting to confirm Elizabeth Prelogar to be U.S. solicitor general. Since her arrival in the chamber in 1997, Collins has not missed a single vote. Collins is still a couple of thousand votes away from breaking the record for longest streak ever, held by William Proxmire.

Senate Republicans Block Debate on a Third Major Voting Rights Bill
MSN – Mike DeBonis (Washington Post) | Published: 11/3/2021

Republican senators voted to block debate on the third major voting rights bill that congressional Democrats have sought to pass this year in response to the state-level GOP push to restrict ballot access following former President Trump’s false claims of a stolen 2020 election. Only one Republican, U.S. Sen. Lisa Murkowski, voted to advance it. The John Lewis Voting Rights Advancement Act seeks to empower the Justice Department and federal courts to review state election laws, restoring provisions of the Voting Rights Act of 1965 that have been struck down by the U.S. Supreme Court.

Stunning Survey Gives Grim View of Flourishing Anti-Democratic Opinions
The Hill – Reid Wilson | Published: 11/1/2021

A recent poll from the nonpartisan Public Religion Research Institute paints a troubling portrait of a growing segment of the public that is increasingly unmoored from reality as it embraces conspiracy theories about child abduction and stolen elections. It found a deep divide between those who trust right-wing media outlets and the rest of the nation, and even a divide between those who trust Fox News and those who trust outlets like One America Network and Newsmax. Eighteen percent say they agree with the statement that America has gotten so far off track that “true American patriots may have to resort to violence in order to save our country.”

Trump Campaign Payments for ‘Command Centers’ at D.C. Hotels Could Undermine Executive Privilege Claim in Jan. 6 Investigation
MSN – Jacqueline Alemany, Josh Dawsey, Emma Brown, and Tom Hamburger (Washington Post) | Published: 11/2/2021

More than $225,000 in Trump campaign payments went to firms owned by Bernard Kerik and Rudolph Giuliani, including more than $50,000 for rooms and suites at the Willard hotel in Washington, D.C. that served as a “command center” for efforts to deny Joe Biden the presidency in the days leading up to the attack on the Capitol on January 6. The fact that campaign funds were used to finance efforts to subvert Biden’s victory could complicate the Donald Trump’s ongoing attempt to use claims of executive privilege to shield documents and testimony from the congressional committee investigating the insurrection.

Trump Seeking to Block Hundreds of Pages of Documents from Jan. 6 Committee, Court Filing Shows
MSN – Amy Wang (Washington Post) | Published: 10/30/2021

Former President Trump is trying to withhold nearly 800 pages of documents from the House select committee investigating the January 6 insurrection. The filing was in response to and shed more light on a lawsuit Trump filed seeking to block the disclosure of records related to his whereabouts, communications, and activities that day. Exerting additional pressure on Trump, 66 former members of Congress, including 44 Democrats and 22 Republicans filed a brief opposing Trump’s attempt to shield documents from the select committee.

Two Democratic Senators Take Aim at ‘Zombie’ Campaigns
Yahoo News – Roger Sollenberger (Daily Beast) | Published: 11/4/2021

U.S. Sens. Michael Bennet and Elizabeth Warren introduced legislation to prohibit former politicians from holding on to their campaign money forever. The bill would outlaw so-called zombie campaign accounts for any politician who does not file for the next election six months after they leave office and would require any former politician who wishes to register as a lobbyist to shut down their campaign account immediately.

UK Needs a Lobbying Regulator, Review Author Recommends
Financial Times – Jasmine Cameron-Chileshe | Published: 11/2/2021

The United Kingdom should create a regulator able to “impose severe sanctions” on individuals who break lobbying rules, the author of an independent review into the issue suggested. Nigel Boardman, who published a review into lobbying following a scandal involving former Prime Minister David Cameron, told the House of Commons Public Administration and Constitutional Affairs Committee the lobbying industry needed to move away from “self-regulation.”

From the States and Municipalities

Alaska – After Federal Court Ruling, Alaska Campaign Regulators Propose Higher Donation Limits
Anchorage Daily News – James Brooks | Published: 11/3/2021

The staff of the Alaska Public Offices Commission set the state’s campaign contribution limit at $1,500 from an individual to a candidate, now that the Ninth U.S. Circuit Court of Appeals has thrown out the previous $500 cap. A group would be limited to $3,000 in donations per candidate or group per year. Campaigns and candidates are required to follow the new caps until the commission votes on the proposal and could be subject to an official complaint and investigation if they violate its limits.

California – City Report: SF officials got free tickets to pricey outside Lands Fest through ethically questionable loophole
KQED – Joe Fitzgerald Rodriguez | Published: 10/29/2021

According to a recent San Francisco Ethics Commission report, city officials have been given at least $430,950 in free tickets to the Outside Lands festival through a loophole, that although technically legal, is ethically dubious. The Recreation and Parks Department, which is the agency accepting the tickets from Another Planet Entertainment, which puts on the festival, is also in charge of the contract for the event space. That makes them a “restricted source” for officials involved in the contract, which means accepting any gifts from entities they are doing business with poses a potential conflict-of-interest.

California – How Local Independent Commissions Are Changing California Redistricting
CalMatters – Sameea Kamal | Published: 10/26/2021

California has a dozen new local independent commissions in this round of redistricting, a process that will create districts for elections from 2022 to 2030. These new panels are coming up with districts that in some places have never been redrawn, or have not been altered significantly, despite changing populations. Taking redistricting power away from officeholders could mean changes in representation and city priorities.

California – Is It Too Easy to Hold a Recall in California? Lawmakers Raise Changes After Newsom Victory
MSN – Lara Korte (Sacramento Bee) | Published: 10/29/2021

Both Democrats and Republicans said they are open to tweaking California’s 108-year-old recall laws, but they are far from consensus on what those changes should look like. Lawmakers gathered for the first formal discussion of the state’s recall process following Gov. Gavin Newsom’s victory against a recall. Democrats are concerned it is too easy to qualify a recall in California. Republicans said they are open to changing the recall in a way that makes it more efficient or conducts it in a better manner, but they are cautious about diluting an avenue of direct democracy.

Connecticut – A $375,000 Kentucky Derby Trip, Personalized Golf Balls and Luxury Swag Bags. Federal Jury Set to Determine When High-Priced Corporate Retreats Are Illegal Junketeering
MSN – Edmund Mahoney (Hartford Courant) | Published: 10/31/2021

Five former Connecticut Municipal Electric Energy Cooperative (CMEEC) officials are on trial over their involvement in multiple trips that cost more than $800,000 in total. The men planned or participated in trips that sent scores of friends, family, colleagues, and customers on utility-paid trips to the Kentucky Derby and golf outings at The Greenbrier resort in West Virginia. The defendants say the travel was legal under state law. “The evidence … will prove that the five defendants used hundreds of thousands of dollars of money belonging to CMEEC … for their personal benefit …,” prosecutors wrote in a pre-trial memorandum.

Delaware – Can Delaware Lawmakers Legally Oust an Indicted State Auditor? State Law Isn’t Clear
WHYY – Mark Eichman | Published: 11/2/2021

The Delaware General Assembly has never voted to have the governor oust another elected official. As a result, there is some confusion about how the process works. After a grand jury indicted state Auditor Kathy McGuiness on fraud charges, resolving that confusion has taken on increased urgency. The felony charges accuse McGuiness of hiring her daughter to a no-show job, giving her 2018 campaign consulting firm an illegal state contract, and intimidating employees who complained.

Florida – Candidates Fail to Turn in Mandatory Financial Reports
MSN – Corbin Bolies (Fresh Take Florida) | Published: 10/30/2021

Scores of challengers running for Congress across Florida have failed to successfully file financial reports in Washington that would publicly reveal key details about their personal wealth, debts, and jobs, as required by the U.S. House. The missing paperwork means voters have few clues so far about where these candidates have earned their money, where they invested, or to whom they owe personal debts. Candidates’ explanations included reports being lost in the mail, forgetting they were due, technical glitches, and confusion over what Congress required.

Florida – Florida Blocks Professors from Testifying Against Voting Law Pushed by DeSantis
Politico – Gary Fineout and Marc Caputo | Published: 10/30/2021

The University of Florida blocked three professors from testifying on behalf of plaintiffs in a lawsuit seeking to overturn the state’s new restrictive voting law. University officials asserted it was a conflict-of-interest for professors to testify in the lawsuit because they are state employees. It is a turnaround in university policy, which for years allowed professors to testify in lawsuits against the state, including one that unsuccessfully challenged the state law that restricted voting rights for convicted felons. Critics contend the action imperils academic freedom and raises concerns about the First Amendment.

Illinois – Ex-State Rep. Luis Arroyo Pleads Guilty in Bribery Case Tied to Sweepstakes Machines
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 11/3/2021

Former Illinois Rep. Luis Arroyo pleaded guilty in a bribery scheme involving a shadowy lobbying effort to expand the use of sweepstakes gaming machines. He acknowledged offering a member of the state Senate monthly payments of $2,500 to back a bill supported by a sweepstakes firm that hired Arroyo as a lobbyist. Prosecutors said Arroyo accepted $7,500 in bribes from James Weiss, the owner of sweepstakes firm Collage LLC, with the understanding he would vote for the legislation supported by Weiss and lobby members of the executive branch and the Illinois Senate.

Massachusetts – Michelle Wu Makes History as First Person of Color and Woman to Be Elected Boston Mayor
MSN – Joanna Slater and Adela Suliman (Washington Post) | Published: 11/3/2021

Democrat Michelle Wu is the first woman and person of color to be elected Boston mayor. The campaign largely focused on housing costs, education, and the city’s opioid crisis. But the race also highlighted Boston’s growing diversity, with all the leading candidates being women of color. It is the first time in nearly 200 years that the city’s next mayor will not be a White man.

Missouri – Many Redistricting Commissioners Have Close Ties to Lawmakers
Columbia Missourian – Rudi Keller (Missouri Independent) | Published: 11/4/2021

The 40 people chosen to draw new legislative districts for Missouri include political consultants, former candidates, and political party officers. They have until January to design 163 Missouri House and 34 state Senate districts that would be used next year. The commissions are billed as independent, and members are prohibited from running for a legislative seat for four years. Many commissioners, however, have close ties to the state legislators whose districts they will be redrawing.

Montana – Legislative Counsel Requests AG’s Documents in St. Peter’s Dispute
Missoula Current – Arren Kimbeil-Sannit (Daily Montanan) | Published: 11/1/2021

A special counsel tasked with probing allegations that state officials in the Montana attorney general’s office harassed doctors at St. Peter’s Health in Helena have formally requested documents related to the incident. Democratic legislative leadership requested their counterparts in the majority investigate the allegations on the heels of media reports in which St. Peter’s said unnamed state officials threatened doctors at the hospital for not prescribing a COVID-19 patient ivermectin, an unapproved treatment for the virus. The patient, an activist in the Lewis and Clark County Republican Party politics, has since passed away.

New Jersey – Former Owner of Morristown Law Firm Admits Directing Bold Straw Donor Scheme
MSN – Lori Comstock (Morristown Daily Record) | Published: 10/27/2021

Attorney Matthew O’Donnell pleaded guilty to “pay-to-play” charges in connection with a bribery scheme in New Jersey. O’Donnell admitted his firm submitted proposals for legal services to municipalities but failed to disclose the firm made campaign contributions to officials in those locations. Using straw donors allowed the firm to donate to campaigns and evade laws that would otherwise disqualify them from winning contracts. He faces a maximum three-year prison sentence and will be required to pay restitution to the victims of the scheme. The plea also calls for him to be banned from doing any business in the state for 10 years.

New Jersey – Murphy Reelected New Jersey Governor by Razor-Thin Margin
Yahoo News – Matt Friedman (Politico) | Published: 11/3/2021

New Jersey Gov. Phil Murphy has won reelection, defeating Republican Jack Ciattarelli in a closer-than-expected race. The contest eluded national coverage for most of the year, as both parties focused intensely on the close race for governor in Virginia. But Murphy’s small margin ultimately points to the same challenging political environment for Democrats, a year after winning the presidential election and with midterms looming.

New Jersey – N.J. Governor’s Race Fallout Could Claim Senate President Sweeney as Democrats Trail Key Legislative Races
MSN – Amanda Hoover and Brent Johnson (NJ Advance Media) | Published: 11/3/2021

New Jersey Senate President Stephen Sweeney seems set to lose his seat his seat to Edward Durr, a truck driver who spent only $153 over the course of his campaign. Durr has never held elective office. He ran on a platform of limiting government, reducing taxes, and fixing the state’s roads, but he did not garner much attention during the campaign. A Sweeney loss would significantly change the landscape of state politics, giving rise to a new Senate president and likely shifting the dynamic between the Legislature and the governor’s office.

New Jersey – Voters with Disabilities Gain Political Clout in NJ as Ballots Become More Accessible
MSN – Gene Myers (Bergen Record) | Published: 11/2/2021

New Jerseyans with disabilities are enjoying a new era of political relevance thanks to the coronavirus pandemic, both the voting reforms it spurred and the inequities it laid bare. People with disabilities showed “large gains” in 2020’s voter turnout, said Steve Flamisch of Rutgers University’s Program for Disability Research. It is a community that historically has splintered into smaller populations, each lobbying for specific needs in areas such as hearing or vision loss or developmental disabilities without coalescing into a larger political bloc. That has left such voters out of initial discussions about public policy, necessitating after-the-fact fixes such as those found in the Americans with Disabilities Act.

New York – Hochul Outsources Fundraising to Albany’s Top Lobbyists
Albany Times Union – Chris Bragg | Published: 11/1/2021

New York Gov. Kathy Hochul’s campaign is outsourcing a significant portion of its fundraising to Albany’s top lobbying firms, including a few featuring partners that were key witnesses caught up in past corruption cases. Hochul’s fundraising practice is legal. Yet at her swearing-in ceremony in August, she had said one of her priorities was “changing the culture of Albany.” But as she seeks to win a full term as governor next year, her campaign fundraising tactics have accelerated a longstanding practice in Albany’s political culture.

New York – Inspector General to Begin Releasing Its Secret ‘Letter’ Reports
Albany Times Union – Brendan Lyons and Chris Bragg | Published: 11/2/2021

New York Gov. Kathy Hochul’s directive creating more “transparency” in state agencies will include having the state inspector general’s office begin posting the results of all its investigations online, including the letters the office has more frequently sent to many agencies in recent years to privately summarize its findings in controversial matters. It was reported that during the administration of Gov. Andrew Cuomo, the inspector general’s office had been increasingly sending letters to agencies, rather than posting full reports on its website, to quietly handle matters ranging from sexual harassment to the alleged leak of confidential information to the governor.

New York – Sheriff Defends Filing of Criminal Complaint Against Cuomo
Yahoo News – Bobby Caina and Michael Hill (Associated Press) | Published: 10/29/2021

A sheriff defended his decision to file a criminal complaint against former New York Gov. Andrew Cuomo without consulting prosecutors or the accuser, a woman who says the Cuomo groped her late last year. Sheriff Craig Apple said he was confident in the strength of the case, which he said was based on witness interviews and voluminous records. A court summons requires Cuomo to appear for an arraignment on November 17, though that date could change. The one-page complaint filed in Albany City Court accuses Cuomo of forcible touching by putting his hand under a woman’s shirt on December 7.

Ohio – Columbus Officials Looking to Prevent Another Issue 7-Type Measure from Getting on Ballot
MSN – Mark Ferenchik and Bill Bush (Columbus Dispatch) | Published: 11/3/2021

The defeat of Issue 7 in Columbus, a murky initiative to divert $87 million in taxpayer money to fund vague “green energy” programs with no oversight, may be unprecedented in the history of city elections. Although voters were not buying the shadowy petition and those behind it, city officials are already looking at ways to restrict future ballot initiatives from being able to redirect millions of tax dollars to a private, unregulated group to spend how it sees fit.

Pennsylvania – How Do Staffs at PSERS and SERS Pension Plans Play the Market? The Public Can’t Find Out
MSN – Craig McCoy and John DiStefano (Philadelphia Inquirer) | Published: 11/1/2021

In California, public investment officers with power over billions of dollars in pension funds must disclose the stocks they own, their approximate cash value, when they bought them, when they sold, and any profits they made. Ohio requires public investment staff to disclose all their personal stocks. So does Florida. But in Pennsylvania, lenient laws mean scores of highly paid investment staffers and top public pension plan executives are required to reveal little or nothing about their personal stock trading.

Pennsylvania – Pa. House Mulling Gift Ban Bill, but Gov. Tom Wolf Says It Needs Strengthening. Here’s Why
Lebanon Daily News – J.D. Prose (Pennsylvania State Capital Bureau) | Published: 11/1/2021

Gov. Tom Wolf is urging the Pennsylvania Legislature to close a “loophole” in a gift ban bill that is moving forward in the House. House Bill 1009 prohibits elected officials and state employees from accepting lodging or sleeping accommodations, food and drinks, transportation, recreation, and entertainment collectively valued at more than $250 from registered lobbyists during a year. Wolf said it does not go far enough and should be strengthened to include gifts from businesses or people not registered as lobbyists in Pennsylvania.

Pennsylvania – Want to See Who’s Funding Local Candidates in Pa.? It’s Harder Than You’d Think
WHYY – Ethan Edward Coston (Spotlight PA) | Published: 11/2/2021

Hundreds of local races across Pennsylvania were decided on November 2 but determining who is bankrolled the candidates and how they spent that money can be onerous and time-consuming, a review found. Local candidates were required to file final pre-election campaign finance reports with their county by October 22. To test how easily and quickly the public could access this information less than two weeks before the election, Spotlight PA requested reports for school board candidates in nine counties.

Virginia – Republican Winsome Sears Projected to Win Lieutenant Governor’s Race
MSN – Antonio Olivo (Washington Post) | Published: 11/3/2021

Republican Winsome Sears was projected to win Virginia’s race for lieutenant governor, a victory that would make her the first woman in the state’s second-highest office and could tilt the closely split state Senate in her party’s favor on divisive issues such as abortion restrictions. The victory also would make Sears the first woman of color to hold a statewide office in Virginia, a milestone that was also possible for her opponent, Del. Hala Ayala, and that both candidates used to rally supporters in their bid to win the position that traditionally has been a launchpad for a run for governor.

Virginia – Youngkin Wins Virginia Governor’s Race, Jolting Democrats
MSN – Will Weissert and Sarah Rankin (Associated Press) | Published: 11/3/2021

Glenn Youngkin won the Virginia governor’s race, tapping into culture war fights over schools and race to unite former President Trump’s most fervent supporters with enough suburban voters to become the first Republican to win statewide office in 12 years. Youngkin’s defeat of Terry McAuliffe marked a sharp turnabout in a state that has shifted to the left over the past decade and was captured by Joe Biden last year by a 10-point margin. It is certain to add to the Democrats’ anxiety about their grip on political power heading into next year’s midterms.

National/Federal

Democrats Turn Down Top Lobbying Roles at Facebook as Scandals Pile Up
Yahoo News – Nihal Krishan (Washington Examiner) | Published: 10/27/2021

Facebook is reportedly struggling to hire Democrats for its lobbying shop in Washington, D.C. despite paying top dollar, a potential sign the social media behemoth is now deemed radioactive by many on the Left. The Biden administration and Democrats in Congress have threatened to go after Facebook with aggressive regulations, lawsuits, and investigations, and that appears to be making it an unattractive employer for top talent. Making matters worse, some senior Democratic lobbyists have left the company recently, the Wall Street Journal reported.

Ethics Panel Releases Reports on Malinowski, Kelly, Mooney and Hagedorn
MSN – Chris Marquette (Roll Call) | Published: 10/21/2021

The House Committee on Ethics released four reports into separate violations of ethics rules by four members of Congress, portraying what investigators suggested was a sweeping array of improper financial conduct. The allegations against three Republicans and one Democrat center on stock trades and the improper use of campaign funds, according to the Office of Congressional Ethics, which investigated the cases. All four cases will continue to be reviewed by the ethics committee.

Facebook Staff Complained for Years About Their Lobbyists’ Power
Yahoo News – Emily Birnbaum (Politico) | Published: 10/25/2021

Facebook’s lobbying and government relations shop, overseen by former Republican operative Joel Kaplan, regularly weighs in on speech-related issues, such as how to deal with prominent right-wing figures, misinformation, ads from former President Trump, and the aftermath of the George Floyd protests, according to internal documents. The dynamic is so prevalent, employees argued Facebook regularly ignored its own written policies to keep political figures happy, even overriding concerns about public safety. The disclosures come after years of internal and external grumbling at Facebook about the role played by Kaplan.

Fed to Ban Policymakers from Owning Individual Stocks, Restrict Trading Following Controversy
CNBC – Jeff Cox | Published: 10/21/2021

Responding to a growing controversy over investing practices, the Federal Reserve announced a wide-ranging ban on officials owning individual stocks and bonds and limits on other activities as well. The ban includes top policymakers such as those who sit on the Federal Open Market Committee, along with senior staff. Future investments will have to be confined to diversified assets such as mutual funds. The new rules replace existing regulations that, while somewhat restrictive, still allowed officials such as regional presidents to buy and sell stocks.

Five Points for Anger, One for a ‘Like’: How Facebook’s formula fostered rage and misinformation
MSN – Jeremy Merrill and Will Oremus (Washington Post) | Published: 10/26/2021

Five years ago, Facebook gave its users five new ways to react to a post in their news feed beyond the iconic “like” thumbs-up: “love,” “haha,” “wow,” “sad,” and “angry.” Facebook programmed the algorithm that decides what people see in their news feeds to use the reaction emoji as signals to push more emotional and provocative content, including content likely to make them angry. Facebook’s ranking algorithm treated emoji reactions as five times more valuable than “likes,” internal documents reveal. The theory was simple: posts that prompted lots of reaction emoji tended to keep users more engaged, and keeping users engaged was the key to Facebook’s business.

Florida Judge Rules Trump Can’t Skirt Twitter’s Terms Just Because He Was President, in Latest Legal Setback
MSN – Timothy Bella (Washington Post) | Published: 10/27/2021

A federal judge in Florida ruled Donald Trump’s status as a former president does not exclude him from following Twitter’s terms of service, the latest setback in his quest to get back on the social media platform after being banned this year. The judge granted Twitter’s motion to transfer the case from the Southern District of Florida to the Northern District of California, which is required by a clause in the company’s user agreement that all Twitter users sign. The case stems from Twitter permanently suspending Trump shortly after the January 6 riot at the U.S. Capitol that led to five deaths and injuries to hundreds of people.

Former Giuliani Associate Lev Parnas Is Convicted of Campaign Finance Crimes
National Public Radio – Associated Press | Published: 10/22/2021

A jury convicted a former associate of Rudy Giuliani of charges he made illegal campaign contributions to influence U.S. politicians and advance his business interests. Prosecutors accused Lev Parnas of using other people’s money to pose as a powerful political broker and get close to some of the nation’s leading Republican political figures. The case had drawn interest because of the involvement of Parnas and a former co-defendant, Igor Fruman, in Giuliani’s efforts to get Ukrainian officials to investigate Joe Biden’s son during the 2020 election.

House Votes to Hold Bannon in Contempt for Refusing to Comply with the Jan. 6 Subpoena
MSN – Felicia Sonmez, Marianna Sotomayor, and Jacqueline Alemany (Washington Post) | Published: 10/21/2021

The House voted to hold former White House chief strategist Stephen Bannon in criminal contempt of Congress for his refusal to comply with a subpoena issued by the committee investigating the January 6 attack on the Capitol. Bannon has argued he cannot respond to the subpoena because of executive privilege asserted by former President Trump. The matter now goes to the Justice Department, which will decide whether to pursue the matter. Legal experts have cast doubt on the merit of Bannon’s defense of his defiance of the subpoena.

Inside Facebook’s Struggle to Contain Insurrectionists’ Posts
Yahoo News – Alexandra Levine (Politico) | Published: 10/25/2021

In the hours leading up to the January 6 insurrection, engineers and other experts in Facebook’s Elections Operations Center were scrambling to thwart dangerous claims spreading across the platform, trying to detect false narratives of election fraud and squelch other content fueling the rioters. But much of what was happening across the social network that day fell into a bucket of problematic material Facebook has said it does not yet know how to tackle. Facebook had no clear playbook for handling some of the most dangerous material on its platform: content delegitimizing the U.S. elections.

Jan. 6 Protest Organizers Say They Participated in ‘Dozens’ of Planning Meetings with Members of Congress and White House Staff
Yahoo News – Hunter Walker (Rolling Stone) | Published: 10/24/2021

Two people who helped plan the pro-Trump rallies that took place in Washington, D.C., ahead of the Capitol riot on January 6 say members of Congress and the White House helped plan the protest that turned violent. Neither of the sources were identified, though Rolling Stone described one as a “rally organizer” and another as a “planner.” Rolling Stone reported the two are also talking to the House select committee investigating the insurrection. Both organizers also said Mark Meadows, who was serving as then-President Trump’s chief of staff, played a significant role in discussions regarding the protests ahead of January 6.

‘Threats of Violence’: School boards curb public comments to calm raucous meetings
MSN – Andrew Atterbury and Juan Perez Jr. (Politico) | Published: 10/26/2021

School leaders nationwide are beginning to eye ways to rein in public commentary at local meetings to quell raucous crowds over issues like mask mandates and critical race theory. The potential changes could add more strain between school boards and the public they serve, a domain that has emerged as a fierce culture war battleground amid the coronavirus. Parents across the nation are fighting for more control over what their children are learning in school, frustrations that have boiled over during the pandemic and are gaining support in the Republican Party.

Twitter Algorithms Amplify Conservative Content More Than That of the Political Left, Researchers Find
MSN – Taylor Telford (Washington Post) | Published: 10/24/2021

An internal evaluation of Twitter’s recommendation algorithms concluded they amplify right-leaning political content more than left-leaning content, undercutting allegations by many conservatives who contend they are being censored on the platform. The research is months in the making, part of Twitter’s promise to evaluate the underpinnings of its platform after the company was criticized for its role in the January 6 insurrection at the Capitol.

From the States and Municipalities

Alaska – After Federal Court Action, Alaska Prepares to Remove Most Restrictions on Campaign Contributions
Yahoo News – James Brooks (Anchorage Daily News) | Published: 10/27/2021

The Ninth U.S. Circuit Court of Appeals said it will not re-examine a decision that overturned many of Alaska’s most important limits on campaign contributions. The order clears the way for those caps to be lifted later this fall, ahead of next year’s municipal and state races. Those limits were part of a 2006 ballot measure, but the federal judges ended almost six years of legal arguments by saying they unconstitutionally limit the free-speech rights of political donors.

California – California Sets New Rules for Mystery Donations Made on Behalf of Lawmakers
MSN – Melody Gutierrez (Los Angeles Times) | Published: 10/21/2021

California law requires that charitable donations of $5,000 or more requested by elected officials or their representatives, a practice known as behested payments, be disclosed to limit undue influence in government. But the identities of those who use so-called donor-advised funds to make those payments are often shielded in state and local disclosures. The Fair Political Practices Commission approved changes that will require elected officials to report the name of the person directing a behested payment through a donor-advised fund. When the contribution is made anonymously, the elected official must note that in disclosure filings.

California – Huizar Seeks to Gut Corruption Case, Says Alleged $1.5 Million in Gifts Were Not Bribes
Yahoo News – Michael Finnegan and David Zahniser (Los Angeles Times) | Published: 10/26/2021

Attorneys for former Los Angeles City Councilperson Jose Huizar readily admit that many of the allegations made against him in a wide-ranging corruption case are “distasteful.” Federal prosecutors have accused him of traveling on private jets, staying at luxury hotels, gambling at casinos in Las Vegas, and consorting with prostitutes – all paid for by businesspeople seeking to profit from the real estate boom in his district. But Huizar’s lawyers argued many of the steps he is accused of taking to help those businesspeople, such as setting up meetings and recommending consultants, were too informal to qualify as the type of “official acts” that meet the definition of bribery under federal law.

California – San Diego City Attorney, Mayoral Aides Met with Lobbyists Over Ash Street Litigation
San Diego Daily Tribune – Jeff McDonald (San Diego Union-Tribune) | Published: 10/24/2021

One of San Diego’s highest profile lobbying firms met privately with City Attorney Mara Elliott, her top lieutenants, and two senior aides to Mayor Todd Gloria to resolve litigation over the ill-fated lease for the former Sempra Energy headquarters. The confidential discussions with Southwest Strategies lobbyists came at the same time the company was raising tens of thousands of dollars in political donations for Elliott, Gloria, and members of the city. Legal and political experts say the arrangement is unusual and questionable.

Colorado – New Redistricting Lobbying Complaint Targets Latino Advocacy Group
Denver Gazette – Evan Wyloge (Colorado Springs Gazette) | Published: 10/22/2021

Another complaint alleging failures to properly disclose redistricting lobbying activity was lodged with the Colorado secretary of state, this time targeting an influential Hispanic and Latino advocacy organization. The newest complaint takes aim at the Colorado Latino Leadership, Advocacy, and Research Organization, arguing their registered lobbyist has not properly disclosed his activities, and two other employees of the organization should have registered as lobbyists and disclosed their contact with redistricting commissioners as lobbying.

Colorado – No-Bid Contracts to Campaign Contributors, Top-Dollar PR Firms Among ‘Custodial Funds’ Spending in Colorado
Denver Gazette – Evan Wyloge (Colorado Springs Gazette) | Published: 10/21/2021

So-called custodial funds in Colorado are an example of government spending that has little to no oversight. The money can be used at the discretion of a state agency, as long as the spending qualifies under the purpose of the funds’ source, like spending $400 million received from settlements with drug companies on anti-drug addiction efforts. But there is no oversight step built into the process. Attorney General Phil Weiser directed about $250,000 to no-bid contracts for a handful of his campaign contributors or their firms from a pot of money controlled by his office that is intended to help protect consumers from fraud.

Connecticut – Former State Rep. DiMassa Allegedly Billed West Haven $100K for Lobbying the City ‘Wouldn’t Need,’ Documents Show
Stamford Advocate – Mark Zaretsky (New Haven Register) | Published: 10/26/2021

Former Connecticut Rep. Michael DiMassa, who was arrested on federal wire-fraud charges related to his use of COVID relief funds, allegedly claimed on invoices he submitted to the city of New Haven a company he formed that received $636,000 in federal money was involved in lobbying activities. The documents do not specify who would have done the lobbying for DiMassa’s Compass Investment Group and authorities allege none of the work for which invoices were submitted was done, and state law also prohibits any member of the Legislature from acting as a lobbyist.

Florida – Florida Ethics Commission Clears Ken Welch in 2018 Lobbying Controversy
Florida Politics – Kelly Hayes | Published: 10/27/2021

The Florida Commission on Ethics found no probable cause former Pinellas County Commissioner Ken Welch misused his position in 2018 when lobbying public officials on behalf of his wife. The commission cleared Welch less than two weeks before the St. Petersburg election in which Welch tops the ballot for mayor. The issue has dogged Welch’s mayoral campaign in some attack emails by a shadowy group that messaged voters highlighting the past controversy. The emails referenced a Tampa Bay Times editorial criticizing Welch for an “obvious conflict-of-interest.”

Florida – Florida Senate ‘Ghost’ Candidate Alex Rodriguez Faces Potential $20,000 Ethics Fine
MSN – Mark Harper (Daytona Beach Journal) | Published: 10/27/2021

Alex Rodriguez, the former “ghost” candidate who pleaded guilty in August in an election-fraud criminal case, has been levied a $20,000 fine. The Florida Commission on Ethics announced it approved a settlement agreement with Rodriguez for accepting money “from an individual based on the understanding he would change his party affiliation, qualify to run” in the 2020 Senate District 37 race, and file a false financial-disclosure form. Rodriguez ran as a no-party affiliation candidate in a tight contest between then-incumbent Sen. Jose Rodriguez and Republican Ileana Garcia. He was considered a “ghost” candidate because he did not campaign other than filling out the paperwork and paying the qualifying fee.

Georgia – Judge: State can’t pursue charges against Georgia’s Oxendine
MSN – Associated Press | Published: 10/24/2021

A judge is throwing out ethics charges against former Georgia Insurance Commissioner John Oxendine, saying state officials waited too long to pursue action. Oxendine was accused of illegally using campaign funds from his failed 2010 gubernatorial campaign to buy a house and lease cars. He was also accused of accepting campaign contributions 10 times above the legal limit from insurance companies.

Iowa – Des Moines Schools’ Superintendent’s Wife Donated to School Board Candidate’s Campaign
MSN – Samantha Hernandez (Des Moines Register) | Published: 10/24/2021

Des Moines Public Schools’ Superintendent Tom Ahart’s wife donated $400 to a city School Board candidate’s campaign, a contribution that is legal but raises ethical questions, government watchdogs say. Jami Bassman Ahart donated to candidate Shelley Skuster, who is running to unseat Kim Martorano, who previously voted not to extend Ahart’s contract with the district. If elected, Skuster would be among those making decisions about Ahart’s future employment.

Michigan – Detroit Cops Accused of Pocketing Cash, Steering Towing Work, Offering to Leak Info
Detroit News – Robert Snell, George Hunter, and Oralandar Brand-Williams | Published: 10/27/2021

Two members of the Detroit Police Department, including an internal affairs lieutenant, were charged with bribery. The arrests are in connection with “Operation Northern Hook,” a broader FBI investigation of corruption within City Hall and municipal towing operations. Lt. John Kennedy and Officer Daniel Vickers conspired to accept bribes in exchange for steering towing work to an unidentified company, prosecutors alleged. The bribes included thousands of dollars in cash, cars, and new carpeting for Vickers’ home, according to the government.

Michigan – Feds Secure First Conviction in Taylor Mayor Bribery Scandal
Detroit News – Robert Snell | Published: 10/22/2021

Federal prosecutors secured the first conviction in a bribery case against Taylor Mayor Rick Sollars when a real estate developer admitted bribing Sollars with more than $53,000 in cash, appliances, home renovations, and gambling money. Shady Awad pleaded guilty to bribery conspiracy almost two years after he was charged. Awad is the latest person convicted in a crackdown on public corruption in Metro Detroit. Since 2008, more than 100 individuals have been charged and there are ongoing FBI investigations targeting Detroit City Council members.

Mississippi – Brett Favre Repays $600,000 in Mississippi Welfare Fraud Case
New York Times – Michael Levensen | Published: 10/27/2021

Brett Favre, the Hall of Fame quarterback who was raised in Mississippi, paid the state back $600,000 he owed after he improperly received welfare money for speeches as part of an extensive fraud scheme. But Favre could still be sued if he does not pay the state the remaining $228,000 in interest he owes, said state Auditor Shad White. Mississippi had allowed millions of dollars in anti-poverty funds to be used in ways that did little or nothing to help the poor, with two nonprofit groups instead using the money on lobbyists, football tickets, religious concerts, and fitness programs for state lawmakers.

Missouri – Unexplained Exits Becoming the Norm for Missouri Gov. Mike Parson’s Cabinet
Missouri Independent – Jason Hancock | Published: 10/25/2021

The October 12 departure of Sarah Steelman as commissioner of the Office of Administration marked the third time in six months that a member of Missouri Gov. Mike Parson’s Cabinet was let go suddenly and without any public explanation. Just like the previous two – Former Health Director Randall Williams and ex-chief operating officer for the governor Drew Erdman – Steelman was asked to resign effective immediately, and her resignation letter is being withheld from public disclosure. House Minority Leader Crystal Quade said the moves are especially troubling now that they involve the state’s purchasing agency.

New Jersey – An Oath Keeper Was at the Capitol Riot. On Tuesday, He’s on the Ballot.
New York Times – Tracy Tully | Published: 10/27/2021

Edward Durfee Jr. is an active member of the far-right Oath Keepers militia who leads the group’s northern New Jersey region and was outside the Capitol during the January 6 insurrection. He is also running for the New Jersey Assembly as a Republican. Durfee said he did not enter the Capitol during the assault, and he condemned the violence that led to several deaths. But he wholeheartedly embraces the ideology of the Oath Keepers, an antigovernment group that pledges to support and defend its interpretation of the Constitution against all enemies.

New York – Rep. Espaillat Campaign Paid Thousands to Online Influencers Who Delivered Flattering Posts
The City – Claudia Irizarry Aponte | Published: 10/25/2021

Campaign committees for U.S. Rep. Adriano Espaillat have paid nearly $15,000 to bloggers for posting hundreds of flattering articles dating to his first run for Congress in 2016. The bloggers’ posts do not disclose their financial ties with the Espaillat campaign, exploiting a legal gray area as paid social media influencers play a growing role in campaigns nationally. Two of those bloggers have also received payments from four candidates for the New York City Council, classified in campaigns’ filings as “communications” or “advertising.” The council contenders also have reaped favorable articles written by the bloggers, without disclosure to readers of the payments.

Ohio – Bankruptcy Court Overseeing Energy Harbor Case Didn’t Pre-Approve $500K Political Donation
MSN – Laura Bischoff (Columbus Dispatch) | Published: 10/24/2021

Bankrupt and struggling for survival, FirstEnergy Solutions donated $500,000 to the Republican Governors Association in October 2018 as part of a political strategy recommended by Akin Gump Strauss Hauer & Feld, a powerful law and lobbying firm. But the contribution, designed to help Mike DeWine, did not get prior approval from the federal bankruptcy court. FirstEnergy and FirstEnergy Solutions, which is now called Energy Harbor, have not provided a full disclosure of how much money it pumped into Ohio politics via “dark money” groups.

Ohio – Cincinnati City Council Approves Anti-Corruption Reforms
WXIX – Jennifer Edwards Baker | Published: 10/27/2021

Rocked by a corruption scandal that saw three members indicted on bribery charges last year, Cincinnati City Council approved two anti-corruption reform measures. One will prohibit council members from soliciting and accepting campaign contributions from those having a financial interest in city business while that business is pending before council. The other will create the position of ethics czar. This person will investigate ethics complaints, oversee a confidential whistleblower hotline, and in general support ethics, election, and campaign finance efforts.

Ohio – Sam Randazzo Overruled PUCO Commissioners, Staff to Help FirstEnergy, According to Company’s Ex-CEO
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 10/21/2021

Former Public Utilities Commission of Ohio (PUCO) Chairperson Sam Randazzo, whom FirstEnergy admitted to bribing, overruled other commissioners and staff to secure policies that benefitted the utility. Randazzo also succeeded in “burning” the final report of a PUCO-commissioned audit into a FirstEnergy customer charge the Ohio Supreme Court overturned the previous year. Critics are questioning whether that report contained information about whether FirstEnergy was improperly using money collected from customers to help pay a $60 million bribe to secure the passage of legislation favorable to the company.

Pennsylvania – Pennsylvania Lawmakers Get Started on Bills Restricting Lobbyists
Pittsburgh Post-Gazette – Marc Levy (Associated Press) | Published: 10/25/2021

The Pennsylvania House began advancing a package of bills aimed at lobbying, including limiting gifts from lobbyists, and prohibiting lobbyists from trying to influence an elected official for whom they also worked as a campaign strategist. One of the centerpiece bills would bar state officials, including lawmakers, from letting a lobbyist pay for their transportation, lodging, recreation, or entertainment, and limiting gifts from lobbyists to $250 in value each year.

Tennessee – State Sen. Brian Kelsey, Nashville Club Owner Indicted in Campaign Finance Conspiracy
MSN – Rachel Wegner and Brinley Hineman (The Tennessean) | Published: 10/25/2021

A federal grand jury returned a five-count indictment charging Tennessee Sen. Brian Kelsey and club owner Joshua Smith with violating multiple campaign finance laws as part of a conspiracy to benefit Kelsey’s 2016 campaign for Congress. Smith owns The Standard, an elite Nashville club that also operates its own state PAC. There, the investigators allege, they illegally funneled money into Kelsey’s campaign on one occasion at a private dinner through the club’s PAC. A watchdog group filed an FEC complaint saying Kelsey and others may have been involved in illegal straw donations, inappropriate coordination, and other possible wrongdoing.

Texas – Gov. Greg Abbott’s Pick for Top Texas Election Post Worked with Trump to Fight 2020 Results
Texas Tribune – James Barragán and Patrick Svitek | Published: 10/21/2021

Gov. Greg Abbott appointed John Scott, an attorney who briefly represented former President Trump in a lawsuit challenging the 2020 election results in Pennsylvania, as Texas’ new secretary of state. Scott would oversee election administration in Texas, a task complicated in by baseless claims of widespread election fraud from Republicans in the highest levels of government, fueled by Trump. Scott will eventually have to be confirmed by the Legislature, which is not scheduled to meet again until 2023. Until then, Scott will serve as interim secretary of state and will oversee next year’s statewide races, in which Abbott will run for reelection.

Texas – Texas Abortion Law Model Could Spread to Guns, Free Speech, Supreme Court Is Told
MSN – Todd Ruger (Roll Call) | Published: 10/28/2021

The U.S. Supreme Court faces arguments that a novel enforcement scheme Texas created for its abortion law could be used by states to neutralize other constitutional rights related to guns, protests, campaign finance, and more. The warning comes from not only the Justice Department and the abortion providers that have challenged the law but also constitutional scholars, states, former prosecutors, and law enforcement officials and a California-based nonprofit group that pushes for gun rights.

Texas – Texas GOP Lawmaker Launches Investigation of Books on Race and Sexuality Used in School Districts
MSN – Mariana Alfaro (Washington Post) | Published: 10/27/2021

A Texas Republican lawmaker launched an investigation into some of the state’s school districts’ libraries, demanding in a letter that educators say whether their schools own books named in a list of 850 titles, many of which cover issues of race and sexuality. Rep. Matt Krause, who is running for state attorney general, sent the letter as part of his role as chairperson of the House Committee on General Investigating. Sarah Spurrier, a high school social studies teacher, said she does not teach critical race theory in her classes, because that is a concept she first heard of this summer, when it became a conservative talking point.

Texas – Texas GOP Lt. Gov. Patrick Offered $25,000 for Election-Fraud tips. The First Payout Was for a Republican’s Illegal Vote.
MSN – Julian Mark (Washington Post) | Published: 10/22/2021

Three days after the 2020 presidential election was called for Joe Biden, and as then-President Trump took to Twitter and falsely claimed tens of thousands of votes were cast illegally, Texas Lt. Gov. Dan Patrick said he would reward a minimum of $25,000 to tipsters who uncovered credible instances of voter fraud. Now Patrick has given out his first reward to Eric Frank, a Democratic poll worker from Pennsylvania whose tip led to the recent conviction of a registered Republican who cast a second vote in his son’s name last November.

Virginia – An Army of Poll Watchers – Many Driven by GOP’s ‘Election Integrity’ Push – Turns Out Across Virginia
MSN – Meagan Flynn and Shawn Boburg (Washington Post) | Published: 10/27/2021

In Virginia, the Republican Party’s “election integrity” push has driven an influx of election observers in this year’s gubernatorial race. In some trainings, prospective poll watchers have been taught to see themselves as a bulwark against election fraud. But while many registrars said they welcomed the poll watchers’ commitment to transparency, some tactics have made election officials uneasy because it is clear former President Trump’s claims of mass voter fraud have driven much of the interest, said Fairfax County General Registrar Scott, creating a created a sense among some staff members the observers do not trust them.

Virginia – Virginia’s Redistricting Commission’s Failure to Transcend Partisanship Has Lessons for Other States, Critics Say
MSN – Meagan Flynn (Washington Post) | Published: 10/25/2021

Last year, Virginia voters approved a bipartisan commission to take politics out of redistricting. This year, blowing past deadlines to deliver new state and congressional maps, the Virginia Redistricting Commission failed to reach agreement on any maps, with time running out to reconvene. It marks a stunning departure from the type of redistricting overhaul voters sought when they approved the commission. While voters and advocates hoped to end gerrymandering, instead what they got was a stalemate, as commissioners gridlocked along party lines almost every step of the way.