January 26, 2024 •
News You Can Use Digest – January 26, 2024
National/Federal Billionaires Wanted to Save the News Industry. They’re Losing a Fortune. DNyuz – Benjamin Mullin and Katie Robertson (New York Times) | Published: 1/18/2024 There is an old saying about the news business: If you want to make a small fortune, […]
National/Federal
Billionaires Wanted to Save the News Industry. They’re Losing a Fortune.
DNyuz – Benjamin Mullin and Katie Robertson (New York Times) | Published: 1/18/2024
There is an old saying about the news business: If you want to make a small fortune, start with a large one. As the prospects for news publishers waned in the last decade, billionaires swooped in to buy some of the country’s most fabled brands. Jeff Bezos, the founder of Amazon, bought The Washington Post in 2013 for about $250 million, for example. But it increasingly appears that the billionaires are struggling just like nearly everyone else.
No Labels Sued by New York Donors Claiming ‘Bait and Switch’
DNyuz – Maggie Haberman (New York Times) | Published: 1/23/2024
Two members of the powerful Durst real estate family in New York sued the centrist group No Labels, accusing it of pulling a “bait and switch” by seeking donations for a bipartisan governing group and then moving to fund a third-party presidential candidacy. The lawsuit seeks damages and reimbursements after the Dursts donated $145,000 years ago, when No Labels was founded on the promise of finding governing solutions.
Once Professor and Student, These Lawmakers Are Out to Protect Journalists’ Secret Sources
MSN – Megan Mineiro (Roll Call) | Published: 1/19/2024
Bipartisan legislation to protect journalists from government surveillance passed the U.S. House recently. The Protect Reporters from Exploitative State Spying Act would block federal law enforcement agencies from subpoenaing journalists’ emails, phone records, recordings, and photographs to nail down the identity of confidential sources in their reporting. It includes tailored exceptions for terrorism or threats of imminent violence or harm.
These Lawmakers Are Still Invested in Banning Congressional Stock Trades
MSN – Justin Papp (Roll Call) | Published: 1/18/2024
Scrutiny of members’ trading has been building since the pandemic, when some lawmakers raised eyebrows by selling stocks soon before the market crashed. That prompted investigations from the Department of Justice, though no charges were filed. Reports from the media followed, highlighting a litany of questionable deals coming from the Capitol. Advocates say a ban on individual trades would curb worries about conflicts-of-interest and insider trading in Congress. But lack of buy-in from leadership has been a sticking point.
Here’s How ChatGPT Maker OpenAI Plans to Deter Election Misinformation in 2024
MSN – Ali Swenson (Associated Press) | Published: 1/16/2024
ChatGPT maker OpenAI outlined a plan to prevent its tools from being used to spread election misinformation as voters in more than 50 countries prepare to cast their ballots in national elections this year. It will ban people from using its technology to create chatbots that impersonate real candidates or governments, to misrepresent how voting works, or to discourage people from voting. It said until more research can be done on the persuasive power of its technology, it will not allow its users to build applications for the purposes of campaigning or lobbying.
Lobbying Spending by Top Interest Groups Dipped Amid 2023 Gridlock
MSN – Caitlin Reilly (Roll Call) | Published: 1/24/2024
A year of gridlock amid divided government and Republican infighting on Capitol Hill drove down spending by the biggest interest groups by about 13 percent in 2023 from the previous year. Tax policy, artificial intelligence, and China, along with perennial issues like health care and defense, drove interest and revenue on K Street last year, lobbyists said. Those trends are expected to hold this year.
How Many of Your State’s Lawmakers Are Women? If You Live in the Southeast, It Could Be Just 1 in 5.
ProPublica – Jennifer Berry Hawes | Published: 1/11/2022
The United States saw a record number of women elected to statehouses last year. Nationally, one-third of legislators are women, the most in history. In recent years, three states – Nevada, Arizona, and Colorado – achieved parity. But much of the Southeast lags far behind. Women constitute fewer than one in five state lawmakers across much of the region. This leaves large majorities of men controlling policy, including laws that most impact women, at a time when the U.S. Supreme Court is sending more power to statehouses.
‘We Don’t Have a Clear Path to Victory’: DeSantis exits presidential race
Yahoo News – Gary Fineout and Alez Isenstadt (Politico) | Published: 1/21/2024
Gov. Ron DeSantis ended his presidential campaign after he was unable to convince Republicans to set aside their allegiance to the man who helped his own political career. DeSantis’s run came to a halt following a dispiriting second-place finish in Iowa, a state where he and allies poured millions of dollars into an aggressive get-out-the-vote effort that featured the governor visiting all 99 counties. He spent week after week in the state instead of establishing a presence in other early voting states like New Hampshire and South Carolina.
Pro-Biden PAC Launches $1 Million Campaign to Pay Social Media Influencers
Yahoo News – Rebecca Kern (Politico) | Published: 1/23/2024
Priorities USA, a super PAC supporting President Biden, is spending $1 million for its first-ever “creator” program, enlisting about 150 influencers to post on social media in the 2024 election cycle. The effort is part of a larger Democratic strategy to lure young voters in battleground states. Priorities USA plans to transition all its spending to digital communications in 2024 and sees the influencer campaign as key to reaching people who do not see typical campaign ads on television.
Appeals Court Declines Further Review of Trump Jan. 6 Gag Order
Yahoo News – Rebecca Beitsch and Zach Schonfeld (The Hill) | Published: 1/23/2024
A federal appeals court declined an effort by Donald Trump to have his challenge to a gag order in his election interference case heard by the full court, teeing up a likely U.S. Supreme Court battle over restrictions to his speech. A three-judge panel of the District of Columbia Circuit Court of Appeals had largely upheld a lower court ruling restricting Trump’s speech in the case.
From the States and Municipalities
Arizona – Arizona GOP Lawmaker Targets ‘Conflict of Interest’ in Donations to City Bond Projects
KJZZ – Wayne Schutsky | Published: 1/19/2024
Arizona Rep. Laurin Hendrix is pushing a bill that would bar construction companies that donate to local bond elections from then benefitting from the array of city projects funded by those bonds, a move that could drain hundreds of thousands of dollars out of the campaigns that push for passage of those bonds every election cycle. In the lead up to those elections, voters are often inundated with advertising and marketing efforts backed by local politicians and PACs that support passage of the bond questions. A lot of the money that pays for those efforts come from businesses or individuals with ties to the construction industry.
Arizona – Arizona Republican Party Chair Resigns After Kari Lake Recording Is Made Public
MSN – Maegan Vazquez (Washington Post) | Published: 1/24/2024
Arizona Republican Party Chairperson Jeff DeWit announced his resignation after a recording was made public that appeared to show him attempting to entice Kari Lake to sit out the 2024 election for the state’s U.S. Senate seat. The recording and DeWit’s resignation mark major challenges for a state GOP struggling to bounce back from years of tough election losses. What happens politically in Arizona, a swing state, could have broader consequences for both the presidency and the Senate majority in 2024.
California – She Went to Prison for Bribing Nuru with a Rolex. Now She Has to Pay S.F. $750,000
MSN – St. John Barned-Smith (San Francisco Chronicle) | Published: 1/23/2024
Businessperson Florence Kong has already spent a year in prison for pleading guilty to bribing Mohammed Nuru with a Rolex watch and other gifts and lying to FBI agents about her relationship with the former head of San Francisco’s Public Works Department. Now she is on the hook to pay the city $750,000 to resolve civil penalties related to the matter, according to a settlement proposal.
California – SoCalGas Billed Customers Millions to Fight Clean Energy, The Bee Found. This Bill Could Stop That
MSN – Ari Plachta (Sacramento Bee) | Published: 1/17/2024
New legislation in California strengthens laws that prevent energy utilities from passing on the costs of lobbying to their customers. It comes in response to a media investigation that found the nation’s largest gas provider, Southern California Gas Company, booked at least $36 million to ratepayers since 2019 to oppose clean energy policies. The bill explicitly defines “political influence activity,” prevents the use of customer money for membership dues to trade groups, and requires utilities to disclose whether advertising campaigns are paid for by customers or shareholders.
California – OC Supervisor Quietly Routed Millions More to His Daughter’s Group
MSN – Nick Gerda (LAist) | Published: 1/22/2024
Orange County Supervisor Andrew Do directed an additional $6.2 million in taxpayer dollars to his 22-year-old daughter’s nonprofit group. Records show a total of $13.5 million in county funding that Do is now known to have played a major role awarding to Viet America Society since late 2020, all without publicly disclosing the relationship. The newly discovered grants were awarded by Do to his daughter Rhiannon Do’s nonprofit outside of public meetings. Details of these grants were also not included in public meeting agendas.
California – OC Board of Supervisors Deadlock on Conflict of Interest, Discretionary Spending Policy Updates
Orange County Register – Destiny Torres | Published: 1/23/2024
Orange County supervisors deadlocked on a proposal to require leaders and their top staffers to broaden the instances involving family connections that would require disclosure when approving contracts or spending money. Supervisor Vicente Sarmiento proposed the reform following reports that Supervisor Andrew Do voted for subcontracts with the Warner Wellness Center, a mental health program, without publicly disclosing that his daughter was part of the organization’s leadership.
MSN – Seth Klamann (Denver Post) | Published: 1/24/2024
State Rep. Mike Lynch, the embattled Colorado House Republican and congressional candidate whose 2022 drunken driving arrest was revealed recently, said he was stepping down as minority leader. Lynch’s position as the top Republican in the House has been on the brink of collapse for several days amid fallout from the news about his arrest.
Connecticut – Conn. Mayor Wins Do-Over Race After GOP Seized on Democratic Ballot-Stuffing
MSN – Dan Rosenzweig-Ziff (Washington Post) | Published: 1/25/2024
A Connecticut mayor whose September primary election win was invalidated after ballot-fraud allegations won a do-over primary, months after his case became a flash point in conservative arguments about debunked theories of voter fraud. Bridgeport Mayor Joe Ganim, whose supporters allegedly stuffed absentee ballots on his behalf in September, won reelection over John Gomes in the primary held on January 23.
Florida – Lubby Navarro Had Other Jobs. At Least One of Them Is Probing Her Spending After Her Arrest
MSN – David Goodhue (Miami Herald) | Published: 1/24/2024
Lubby Navarro, the former Miami-Dade County School Board member accused of stealing more than $100,000 from taxpayers by way of her district-issued credit cards, is under investigation by a hospital chain that put her on unpaid leave after she was arrested. Yanet Obarrio Sanchez, a spokesperson for the South Broward Hospital District, where Navarro works as a registered lobbyist, said an internal investigation was launched “as a standard protocol” right after Navarro’s arrest.
Florida – Split City Council Approves Legislation in Reaction to Deegan Using Single Source Contract
Yahoo News – David Bauerlein (Florida Times Union) | Published: 1/25/2024
Any future no-bid selection of a firm to do lobbying or grant writing for Jacksonville will have to get city council approval, a reaction to Mayor Donna Deegan awarding a contract to a campaign supporter. The bill was filed after Deegan awarded a $300,000 no-bid contract to Langton Consulting to do federal lobbying, grant writing, and public policy development. The city did not invite proposals from any other firm.
Georgia – Georgia Secretary of State Says It’s Unconstitutional for Board to Oversee Him, but Lawmakers Differ
Yahoo News – Jeff Amy (Associated Press) | Published: 1/24/2024
An attempt to state that Georgia’s State Election Board has the legal power to investigate Secretary of State Brad Raffensperger’s handling of elections blossomed into a constitutional showdown, with a lawyer for Raffensperger saying board members cannot legally oversee him. But the Senate Ethics Committee voted to advance Senate Bill 358. The proposal would remove Raffensperger from his nonvoting post on the board, allow the board to hire election investigators instead of solely relying on those working for Raffensperger, and clearly give the board power to investigate the secretary of state.
Illinois – Paul Vallas Facing $10,500 Fine from City’s Ethics Board
Yahoo News – A.D. Quig (Chicago Tribune) | Published: 1/24/2024
Recent mayoral runner-up Paul Vallas is being fined $10,500 for violating Chicago’s campaign finance law. In November, the Board of Ethics found probable cause that Vallas, who lost to Brandon Johnson in the April 2023 runoff election, violated a rule that limits campaign contributions from entities doing business with the city.
Kentucky – Why Are KY Legislators Fleeing Frankfort? Blame Trump, Low Pay and Nasty Politics
MSN – Austin Horn (Lexington Herald-Leader) | Published: 1/25/2024
Seventeen senators and representatives in Kentucky are not seeking reelection this year. The numbers are growing relative to years past. Virtually all the elected officials in Frankfort will tell you that serving in the Kentucky General Assembly is an honor and a privilege. But is it a good job?
Kentucky – How Much Could Be Spent on Louisville Mayor Craig Greenberg’s Ethics Complaint Defense?
Yahoo News – Josh Wood and Eleanor McCrary (Louisville Courier Journal) | Published: 1/24/2024
Outside counsel hired to defend Louisville Mayor Craig Greenberg against an ethics complaint signed a contract to receive up to $25,000 in city funds for their services but the actual cost passed on to taxpayers could be much higher. Jefferson County Attorney’s Office spokesperson Josh Abner said the office does not limit the amount it spends on legal representation, despite the ordinance.
Louisiana – Louisiana Legislature Approves New Congressional Map with Second Majority-Black District
MSN – Maegan Vazquez (Washington Post) | Published: 1/19/2024
The Louisiana Legislature approved a new congressional map that includes two majority-Black districts after being ordered to do so by a federal court that found the existing map illegally diminished Black voting power. Previously, Black voters in Louisiana had a majority in just one of the state’s six congressional districts, despite making up nearly a third of the statewide population.
Minnesota – You Might Be a Lobbyist Now
Minnesota Reformer – Madison McVan | Published: 1/19/2024
A change to the lobbying law in Minnesota is expected to mandate a bevy of new people register as lobbyists under the rule’s wide umbrella, said Jeff Sigurdson, executive director of the Campaign Finance and Public Disclosure Board. Now, anyone making or spending more than $3,000 to influence decisions by governmental bodies across the state must register. The new law applies to all the state’s political subdivisions. Previously, lobbying rules did not apply to local governments except those in the Twin Cities metro area.
New Hampshire – Trump Beats Haley Decisively in N.H., Closing in on Nomination
MSN – Isaac Arnsdorf, Colby Itkowitz, Sabrina Rodriguez, and Meryl Kornfield (Washington Post) | Published: 1/23/2024
Donald Trump marched closer to the Republican nomination for president by defeating Nikki Haley in New Hampshire’s primary. Trump’s victory dealt another blow to critics in his party who saw the vote as perhaps the last best chance to stop or slow him. Haley’s strength with independents exposed weaknesses for Trump in a potential rematch with President Biden, as moderate Republicans and right-leaning independents sent a message that the party’s internal divisions will not disappear quickly.
New Mexico – Leader of New State Office Faces Ethics Complaint Over Lobbying Request
Yahoo News – Daniel Chacón (Santa Fe New Mexican) | Published: 1/22/2024
Beth Gillia, head of the New Mexico Office of Family Representation and Advocacy, is facing an ethics complaint after using her government email to encourage employees to lobby legislators on the office’s behalf but without specifically instructing them to disclose their roles. Maralyn Beck, founder of the New Mexico Child First Network, said she will be filing a formal complaint with the State Ethics Commission and sharing her concerns with members of the House Appropriations and Finance Committee.
New Mexico – Changes to New Mexico Employees’ and Politicians’ Anti-Corruption Law Clear First Committee
Yahoo News – Robert Nott (Santa Fe New Mexican) | Published: 1/24/2024
Public employees and elected officials could find themselves facing fines of up to $10,000 if they violate the state’s Governmental Conduct Act under a new bill that cleared its first committee. House Bill 8 would not only raise the ceiling for fines but provide more clarity regarding prohibited activities under the law.
New York – State GOP Officials Took Trip Backed by Chinese Communist Party
Albany Times Union – Raga Justin | Published: 1/21/2024
Four members of the New York Assembly traveled to China in December. The group that funded the trip, the American Chinese Commerce Association, has been described as linked to an arm of the Chinese Communist Party known as the “united front work” department. According to U.S. security agencies, united front work seeks to influence American individuals and institutions, especially state-level lawmakers, through various overtures that include sponsored trips to meet Chinese officials.
North Carolina – NC Confidential: Keeping voters in dark about campaign finance probes
Carolina Public Press – Mehr Shur | Published: 1/22/2024
Campaign finance investigations are confidential in North Carolina. While candidates are innocent until proven otherwise, the confidentiality provision passed by state lawmakers in 2018 can also keep voters from making informed decisions, according to ethics experts. The public is barred from finding out any details about a complaint or an ongoing State Board of Elections investigation and can only have access to information once an investigation has concluded and it proceeds to a hearing.
North Carolina – From Lobbying to Congress? NC Candidate’s Fundraiser Draws Questions About His Support
Yahoo News – Danielle Battaglia (Raleigh News and Observer) | Published: 1/24/2024
When a lawmaker leaves office, there is a good chance they will become a lobbyist. Sometimes, though, the “revolving door” swings in the other direction. Addison McDowell resigned as a lobbyist on December 13, the same day he announced he would run for Congress. McDowell, a former lobbyist for Blue Cross and Blue Shield of North Carolina, highlighted his ties to the people he lobbied when he announced a January 30 fundraiser that is being hosted by some of the biggest names in North Carolina politics, including both lawmakers and lobbyists.
Ohio – Trans Candidates Face Challenges to Get on Ohio Ballots Over ‘Deadnames’
MSN – Anumita Kaur (Washington Post) | Published: 1/22/2024
Vanessa Joy is one of three transgender women whose candidacies for Ohio House seats have been challenged under a little-known state law that requires disclosure of previous legal names on election documents. While the law is not new, some advocates fear it is being used to hinder transgender candidates, and regardless of intent, it has ensnared several such contenders this election cycle in Ohio, raising concerns that trans candidates elsewhere might face similar hurdles when running for public office.
Oklahoma – New Ethics Commission Director Gets Guardian System Extended for 2024 Election
NonDoc – Tres Savage | Published: 1/22/2024
The Oklahoma Ethics Commission’s new director said its Guardian System, a database used for reporting and tracking campaign financial information and lobbyist registrations, will be extended through February 2025. The Guardian System had been scheduled to lose functionality after July 1 because a software and services firm decided to shelve the underlying software used to operate Oklahoma’s reporting system.
Oregon – Oregon Voters Likely to Decide on Dueling Campaign Finance Measures This Fall
MSN – Carlos Fuentes (Portland Oregonian) | Published: 1/24/2024
Gov. Tina Kotek said campaign finance limits will not come up this legislative session, so Oregon voters will almost certainly decide the issue through a ballot measure in November. Voters will likely face two similar-looking measures, each of which would limit how much individuals and groups can donate to candidates. But one of the proposed measures, backed by labor unions, contains several loopholes that would allow unions to continue pouring millions of dollars into campaigns.
Rhode Island – R.I. Ethics Commission Dismisses Complaint Against Governor McKee
MSN – Edward Fitzpatrick (Boston Globe) | Published: 1/23/2024
The Rhode Island Ethics Commission dismissed a complaint filed against Gov. Dan McKee alleging he violated state ethics law after a lobbyist picked up a tab for lunch. The state Republican Party accused McKee of participating in a “pay-to-play political culture” by accepting a lunch with a lobbyist and executives from a Philadelphia firm, Scout Ltd., who were seeking $55 million to redevelop the Cranston Street Armory.
South Carolina – How Nikki Haley’s Lean Years Led Her into an Ethical Thicket
Seattle Times – Sharon LaFraniere and Alexandra Berzon (New York Times) | Published: 1/21/2024
Nikki Haley had been serving in the South Carolina Legislature for less than two years when she applied for a job as an accounting clerk at Wilbur Smith Associates, an engineering and design firm with state contracts. Because of her wide-ranging network. The firm put Haley on a retainer, asking her to scout out new business. That contract, and a subsequent, more lucrative one as a fundraiser for a hospital in her home county, allowed Haley to triple her income in three years. But they also led her into an ethical gray area that tarnished her first term as governor.
Tennessee – Campaign Finance Exec: Former Sen. Kelsey can’t use PAC funds on legal fees
Tennessee Lookout – Sam Stockard | Published: 1/24/2024
Bill Young, executive director of the Tennessee Bureau of Ethics and Campaign Finance, advised former state Sen. Brian Kelsey he cannot use his PAC to pay attorneys as he tries to reverse a conviction for violating federal campaign finance law. Kelsey transferred $196,833 from his state campaign account to his Red State PAC last summer.
Tennessee – Tennessee Will No Longer Pursue Nearly a Million Dollars in Unpaid Fines Against Former Candidates
WTVF – Jennifer Kraus | Published: 1/24/2024
Over the last 30 years, hundreds of fines for campaign finance violations, totaling more than $2.5 million, have never been paid in Tennessee. Now the state has decided to no longer pursue nearly $1 million of those fines. Bill Young, executive director of the Tennessee Bureau of Ethics and Campaign Finance, said when he took the job in 2019, he discovered unpaid fines dated back to 1991. So last year, the Legislature agreed to update the law to allow the bureau to declare certain fines “uncollectible.”
Washington – The Failed Promise of Independent Election Mapmaking
MSN – Marilyn Thompson (ProPublica) | Published: 1/17/2024
In most states, lawmakers draw new districts every 10 years to accommodate changes in population and ethnic makeup. They are usually exercises of raw political power allowing lawmakers to, in essence, choose their voters instead of the other way around. As the nation grapples with ever-more-aggressive battles over access to voting, a review of what unfolded in Washington state shows that independent commissions, still reformers’ best hope for fixing this problem nationwide, have not always succeeded in taking this central democratic function out of politicians’ hands.
January 19, 2024 •
News You Can Use Digest – January 19, 2024
National/Federal A New Republican Mom Wants to Change House Rules for Postpartum Voting DNyuz – Anni Karni (New York Times) | Published: 1/16/2024 When she arrived in Congress last year, Rep. Anna Paulina Luna, a hard-right Republican from Florida, joined the rest […]
National/Federal
A New Republican Mom Wants to Change House Rules for Postpartum Voting
DNyuz – Anni Karni (New York Times) | Published: 1/16/2024
When she arrived in Congress last year, Rep. Anna Paulina Luna, a hard-right Republican from Florida, joined the rest of her party in staunchly opposing proxy voting, a practice adopted by House Democrats to allow for remote legislating during the pandemic. Then, in August, she gave birth to her first child and her perspective changed. Now, Luna is pressing to allow new mothers in Congress to stay away from Washington immediately after giving birth and designate a colleague to cast votes on the House floor on their behalf.
Do Political Ads Even Matter Anymore?
DNyuz – Nick Corasaniti (New York Times) | Published: 1/17/2024
Political ads are a deeply entrenched multimillion-dollar industry, and one of the largest expenses of every presidential campaign. But a confluence of political forces and changing media behavior may be testing the efficacy of advertising in the Donald Trump era. The Iowa caucus results showed a new depth to the Republican Party’s devotion to Trump. But it also suggests a smaller universe of persuadable voters and a wholesale shift in viewing habits may have significantly undercut the impact of political advertising.
Court Rejects Twitter’s Claim of Right to Alert Trump to Jan. 6 Search
MSN – Rachel Weiner (Washington Post) | Published: 1/16/2024
A federal appeals court rejected Twitter’s claim that Donald Trump should have been alerted to the existence of a search warrant for his data by prosecutors investigating interference in the 2020 election, leaving in place a $350,000 fine imposed on the social media company for not complying on time. Twitter, now known as X, argued it had a First Amendment right to alert Trump, who might then fight the disclosure himself.
Entrepreneur Vivek Ramaswamy Ends Bid for Republican Presidential Nomination
MSN – Mariana Alfaro (Washington Post) | Published: 1/15/2024
Vivek Ramaswamy, a wealthy entrepreneur and first-time candidate for office, suspended his long shot bid for the Republican presidential nomination after months of struggling to gain significant ground, further shrinking a field dominated by Donald Trump. Ramaswamy failed to gain much traction with a campaign that emphasized provocative policy positions and public disputes with some of his fellow GOP candidates, even as he largely avoided criticism of Trump.
Authorities Investigate Threats to Democratic Lawmakers
Seattle Times – Alan Feuer and Luke Broadwater (New York Times) | Published: 1/16/2024
The Capitol Police and the FBI are investigating remarks reported to have been made by Roger Stone, a longtime Republican operative and informal adviser to former President Trump, in which he expressed a desire for the deaths of two Democratic lawmakers in the weeks before the 2020 election. The investigation was opened shortly after the website Mediaite released an audio recording in which someone sounding like Stone can be heard discussing U.S. Reps. Jerrold Nadler and Eric Swalwell, who are among Trump’s most vocal congressional critics.
A Potentially Huge Supreme Court Case Has a Hidden Conservative Backer
Yahoo News – Hiroko Tabuchi (New York Times) | Published: 1/16/2024
The Supreme Court heard arguments that, on paper, are about a group of commercial fishermen who oppose a government fee that they consider unreasonable. But the lawyers who have helped to propel their case to the nation’s highest court have a far more powerful backer: petrochemicals billionaire Charles Koch. A victory for the fishermen would very likely severely limit the power of many federal agencies to regulate not only fisheries and the environment, but also health care, finance, telecommunications, and other activities, legal experts say.
Supreme Court Ruling in Trump Insurrection Case Could Prompt Challenges Down the Ballot
Yahoo News – Michael Wilner (Miami Herald) | Published: 1/18/2024
When the U.S. Supreme Court convenes to consider whether Donald Trump is disqualified from the ballot in Colorado over his attempt to overturn the 2020 presidential election, their ultimate ruling will have implications well beyond Trump’s candidacy. Court watchers see the case as a wild card testing a novel and explosive legal theory on the eligibility of insurrectionists to hold public office.
From the States and Municipalities
Arizona – The Arizona Legislature’s ‘Hell Week’: Money, mingling and moving fast
MSN – Mary Jo Pitzl (Arizona Republic) | Published: 1/13/2024
A longstanding tradition, “Hell Week” is the brief period in which Arizona lawmakers and lobbyists move from event to event, all to enhance campaign accounts and establish connections before the start of the legislative session triggers a ban on lobbyist contributions to lawmakers. Despite the deadline-driven frenzy, “Hell Week” is unnecessary, said Stuart Goodman, a lobbyist with 34 years of experience. Goodman views the practice as an artifact. “It’s almost ceremonial now,” he said.
Arizona – Arizona AG Says Hobbs’ Inauguration Didn’t Break Law. A Key Republican Lawmaker Disagrees
MSN – Stacey Barchenger (Arizona Republic) | Published: 1/18/2024
The inauguration of Arizona Gov. Katie Hobbs over a year ago continues to prompt scrutiny at the state Capitol, with at least one Republican lawmaker now questioning Attorney General Kris Mayes’ role and determination that there were no legal violations related to fundraising for the events. Rep. David Livingston filed a complaint with Mayes’ office alleging Hobbs’ use of a state website to solicit donors and sell tickets for her inaugural festivities violated state law that prohibits public resources including webpages from being used to influence an election.
Arizona – Judge Says No Labels Can Block Candidates from Running for Offices Other Than President in Arizona
Yahoo News – Jonathan Cooper (Associated Press) | Published: 1/16/2024
No Labels, the group preparing for a possible third-party presidential campaign, can prohibit members from using its ballot line to run for office in Arizona, a federal judge ruled. The decision protects the group’s efforts to maintain control and secrecy around its operations and finances as critics of Donald Trump warn No Labels could help return Trump to the White House by siphoning voters who might otherwise vote for the former president.
California – Company Passed Over for Redevelopment of Sports Arena Fined for Late Lobbying Reports
MSN – Jeff McDonald (San Diego Union Tribune) | Published: 1/17/2024
Midway Village Plus, which was passed over for the redevelopment of San Diego’s sports arena property, agreed to pay $7,500 for belatedly reporting its indirect lobbying activity in the matter. Midway Village Plus retained Manolatos Public Affairs and IVC Media to support its application for the redevelopment. It spent almost $80,000 in indirect lobbying over five three-month quarters without reporting the expenditures as required.
California – DWP Board President Is Out Amid Ethics Questions, Power Struggle at Utility
MSN – Dakota Smith (Los Angeles Times) | Published: 1/9/2024
Cynthia McClain-Hill will step down as president of the Los Angeles Board of Water and Power Commission following ethics-related complaints involving her and growing tensions over the utility’s leadership. The Los Angeles Times reported on criticism leveled against McClain-Hill and then-commission President Mel Levine, over a private phone call the pair had in 2019 with two cybersecurity executives to walk them through the utility’s plans to award their company a new contract.
Florida – Florida Bill Could Outlaw Use of Artificial Intelligence in Campaign Ads
Center Square – Andrew Powell | Published: 1/16/2024
A Florida Senate committee approved a bill that will regulate the use of artificial intelligence in campaign ads. The Committee on Ethics and Elections also approved several bills related to campaign finance and one that would limit the terms of county commissioners.
Florida – City of Miami Moves to Create an Independent Inspector to Investigate Corruption
WLRN – Joshua Ceballos | Published: 1/12/2024
The Miami City Commission moved on an agenda item to create a new body to hold the government accountable. It places on the August ballot a question that would replace the city’s existing independent auditor with the Office of the Independent Inspector General. Commissioner Manolo Reyes said an inspector general would have a wider scope of duties and powers than the auditor and would have more latitude to independently investigate corruption.
Florida – Lubby Navarro Spent Lavishly on Ex-Boyfriend’s Restaurant and Him, Investigators Say
Yahoo News – David Goodhue (Miami Herald) | Published: 1/13/2024
Former Miami-Dade School Board member Lubby Navarro was arrested on grand theft and fraud charges stemming from $92,000 worth of illegal purchases on her school district credit card and another $9,000 on her district-issued travel card. The money was allegedly used for day-to-day personal spending, as well as lavish vacations and gifts. Prosecutors say Navarro took her boyfriend at the time on a trip to Las Vegas. After they broke up, she is accused of using district money to purchase two artificial silicone pregnancy bellies on Amazon to convince him that she was pregnant.
WTTW – Heather Cherone | Published: 1/16/2024
Chicago Treasurer Melissa Conyears-Ervin fired two city employees after they warned her that she was violating the city’s government ethics ordinance by using city resources to host a prayer service, according to a probe by the city’s watchdog. In December 2020, Conyears-Ervin was admonished by the Board of Ethics for using her professional social media accounts to broadcast a prayer service she led in violation of rules that prohibit city leaders from using city resources for non-official purposes.
MSN – Jason Meisner, Megan Crepeau, and Amy Lavall (Chicago Tribune) | Published: 1/14/2024
Portage Mayor James Snyder was in financial trouble when he showed up unannounced at Great Lakes Peterbilt, the local truck dealership he helped to win two lucrative city contracts. “I need money. That’s what I’m here for,” he told the owners. They cut Snyder a check for $13,000, saying it was for “consulting” that was never fully performed. That agreement is the focus of a legal battle that has wound its way to the U.S. Supreme Court, which has decided to take up Snyder’s appeal and render a decision that could change the face of public corruption prosecutions across the country, including Chicago.
Iowa – Trump Scores Decisive Win in Iowa Caucuses, DeSantis Places Second
MSN – Ashley Parker and Tyler Pager (Washington Post) | Published: 1/15/2024
Donald Trump romped to a decisive victory in the Iowa caucuses, cementing his grip over the Republican Party and pushing the nation closer to a historic modern rematch with President Biden. Trump’s strong finish in the caucuses underscored his dominance over his party’s base, in a presidential contest expected to play out as much in the courtroom as the campaign trail.
Kansas – Listen to Lobbyists When Enjoying Free Meals, Top Kansas Legislator Tells Colleagues
Yahoo News – Jason Alatidd (Topeka Capital-Journal) | Published: 1/16/2024
A few minutes before gaveling in for the first day of the 2024 legislative session, a top legislator reminded his colleagues to listen to lobbyists when enjoying free meals this year. House Majority Leader Chris Croft told the House Republican caucus the purpose of those free meals is for lobbyists to get to talk to lawmakers.
Maine – Maine Judge Delays Trump Ballot Decision Until Supreme Court Ruling
MSN – Patrick Marley (Washington Post) | Published: 1/17/2024
A Maine judge put off deciding whether Donald Trump’s name can appear on that state’s primary ballot, saying the U.S. Supreme Court needs to rule on the issue first in a similar case from Colorado. The ruling sent the case back to Maine’s secretary of state and put it on hold. A nationwide push from Trump’s critics is aiming to prevent the former president from running for office again.
Maryland – Maryland Elections Board Member Arrested on Jan. 6 Riot Charges Resigns
MSN – Erin Cox (Washington Post) | Published: 1/11/2024
A top Maryland elections official was arrested recently on multiple charges that he participated in the U.S. Capitol attack and encouraged officers trying to disperse rioters to “join us.” Federal investigators allege Carlos Ayala scaled a police barricade while carrying a black flag that said, “DEFEND” and depicted an M-16-style rifle. The Maryland Senate unanimously confirmed Ayala in March as one of the Republican Party’s two representatives on the five-member Board of Elections.
Michigan – FEC Greenlights Airing of ‘The Good Doctor’ During Harper’s Senate Campaign in Michigan
Detroit News – Melissa Nann Burke | Published: 1/12/2024
The FEC voted to greenlight the airing of past and future episodes of ABC’s “The Good Doctor” featuring the actor Hill Harper, who is running for Michigan’s open U.S. Senate seat. Lawyers for Sony Pictures Television had asked the FEC for an advisory opinion to confirm the airing of a fictional television show with a cast member who is a candidate for federal office did not violate federal prohibitions on contributions by corporations or regulations on communications referring to a candidate.
Michigan – Former GOP State Rep. Larry Inman Acquitted of Federal Corruption Charges
Detroit News – Robert Snell | Published: 1/11/2024
Former Michigan Rep. Larry Inman was acquitted of attempted extortion and soliciting a bribe, capping a years-long legal odyssey. Inman was standing trial for a second time. A 2019 trial ended with him acquitted of lying to the FBI and with jurors unable to reach unanimous verdicts on the corruption charges. U.S. District Judge Robert Jonker dismissed the bribery and extortion charges, but the move was reversed by the Sixth Circuit U.S. Court of Appeals.
New Jersey – South Jersey Dem Delegation Paved the Way for ‘Jersey Freedom’ to Hide Donors, Sources Say
Yahoo News – Matt Freidman (Politico) | Published: 1/11/2024
An obscure provision of New Jersey’s campaign finance law that enabled a Democratic super PAC to operate in secrecy until after the November election was pushed by South Jersey’s Democratic legislative delegation, according to three officials with knowledge of the negotiations. Amendments to the Elections Transparency Act enabled the PAC, Jersey Freedom, to hide the source of its funding until three weeks after the election. That appears to have been by design, said a Republican senator who was attacked by the group.
New York – As Trump Continues to Insult E. Jean Carroll, 2nd Defamation Trial Opens
DNyuz – Benjamin Weiser, Maggie Haberman, and Maria Cramer (New York Times) | Published: 1/15/2024
A Manhattan jury will be asked a narrow question: How much money must Donald Trump pay the writer E. Jean Carroll for defaming her after she accused him of raping her? A jury in May awarded Carroll just over $2 million for the assault and nearly $3 million for defamation over Trump’s remark in October 2022 calling her claim “a complete con job.” The new trial focuses on separate statements by Trump in June 2019, directly after Carroll disclosed her allegation in New York magazine.
New York – Albany Democrats to Push Bill Filling Lobbying Loophole After NY Gov. Kathy Hochul Veto
MSN – Vaughn Golden (New York Post) | Published: 1/13/2024
Democrats in Albany plan to take another shot at filling a loophole that allows groups to anonymously fund lobbying campaigns on powerful state posts after Gov. Kathy Hochul vetoed the bill. Last year’s version of the bill would have forced the shadowy groups who spent large sums of cash trying to defend Justice Hector LaSalle, her pick to head the state’s highest court, to file lobbying disclosures. A gap in state law means groups can advertise and lobby on nominations without the same disclosures they would have to make with any legislation.
North Carolina – NC Councilman Resigned So He Could Accept $3M in Tax Money. Then He Rejoined the Council
Yahoo News – Josh Bergeron (Charlotte Observer) | Published: 1/16/2024
A longtime Kannapolis City Council member resigned in December so he could avoid a conflict-of-interest and accept $3 million in federal tax money. But a month later, he is back on the job. Tom Kincaid’s surprise reappointment drew criticism from three of his colleagues, who are raising concerns about ethics. The reappointment was possible, two of the council members said, only because Councilmember Doug Wilson, who would have voted “no,” was absent from the meeting.
North Carolina – Insurance Commissioner Pays Friend & Donor a High Wage to Drive Him on State Business
Yahoo News – Dan Kane and Kyle Ingram (Raleigh News and Observer) | Published: 1/16/2024
Since North Carolina Insurance Commissioner Mike Causey took office in 2017, a longtime friend and campaign supporter has been driving him at public expense from his Greensboro home to his Raleigh office and as far away as Santa Fe, New Mexico, earning as much as $84,000 in one year. Causey and other Insurance Department officials described Roger Blackwell as a part-time driver who also provides security. But personnel records give him a much loftier title that pays a wage higher than most state workers earn. He is listed as a part-time “Deputy Secretary/Commissioner I,” which allows him to be paid $44 an hour.
North Carolina – NC Justice Anita Earls Withdraws Lawsuit Against Board That Investigated Her
Yahoo News – Kyle Ingram (Raleigh News and Observer) | Published: 1/17/2024
North Carolina Supreme Court Justice Anita Earls voluntarily withdrew her lawsuit against the ethics commission that was investigating her, saying the suit was no longer necessary since the complaint against her had been dismissed. The Judicial Standards Commission had opened an investigation into Earls after she publicly commented on issues involving diversity in the judicial system. Earls first sued the commission in August, saying its investigation into her public comments violated her First Amendment rights.
Ohio – Ohio Supreme Court OKs Freeze on Millions from Ex-State Official Randazzo After Bribery Accusation
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 1/16/2024
The Ohio Supreme Court ruled against Sam Randazzo, the former chairperson of the Public Utilities Commission of Ohio (PUCO), allowing the state to continue to freeze millions of dollars of his financial assets. Randazzo has been accused of accepting a $4.3 million bribe from FirstEnergy just before starting as PUCO’s chief in 2019 in exchange for regulatory favors to the company and helping see to the passage of bailout legislation worth more than $1 billion to FirstEnergy.
Ohio – $15k on Tickets. $2k/Month on Meals. Inside a Cleveland-Area House Rep’s Campaign Spending
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 1/14/2024
A Cleveland-area state lawmaker spent tens of thousands of political contributions to his campaign account on football tickets, car repairs, airfare, monthly bills to three different phone providers, and more. Auditors on five occasions over the past 10 years have flagged Rep. Tom Patton’s spending, which at times has not had a clear connection to his campaigns. In some cases, staff with the Ohio Secretary of State’s Office have cautioned Patton that state law bars politicians from using campaign funds for their personal use.
Oklahoma – ‘We Have Put Ourselves in Grave Danger:’ Ethics commission urges lawmakers to increase funding
MSN – M. Scott Carter and Nolan Clay (The Oklahoman) | Published: 1/13/2024
Chronically underfunded and facing ongoing staffing shortages, the new executive director of the Oklahoma Ethics Commission is calling on state lawmakers to restore the agency’s funding to what it was in 2016. Lee Anne Bruce Boone told lawmakers the commission could not really do its job with its current level of funding. Legislators only gave the commission $687,950 for the fiscal year that began July 1.
Oregon – Oregon Supreme Court Allows Trump to Appear on Primary Ballot
MSN – Patrick Marley (Washington Post) | Published: 1/12/2024
The Oregon Supreme Court allowed Donald Trump to run in the state’s presidential primary, saying it would not take up the issue of whether he is qualified to get on the ballot while the U.S. Supreme Court considers a challenge on the issue from Colorado. The Supreme Court decision will likely resolve for all states whether Trump can run in 2024. Without a Supreme Court ruling, some states could keep Trump’s name off the ballot while others allow him to run.
Oregon – State Ethics Commission Chooses Insider to Be Next Executive Director
Oregon Capital Chronicle – Lynne Terry | Published: 1/11/2024
The Oregon Government Ethics Commission chose one of its own to be its next executive director. The panel voted in favor of promoting Susan Myers, a commission employee since 2018 and its current compliance and education coordinator. Before serving as the compliance and education coordinator, Myers was an investigator for the agency between 2018 and 2021.
Rhode Island – Providence NAACP President Stands Trial for Campaign Finance Violations
MSN – Steph Machado (Boston Globe) | Published: 1/17/2024
Gerard Catala, the embattled president of the Providence branch of the NAACP, stood trial for allegedly violating campaign finance laws when he ran for city council in 2022. Catala has seven past-due campaign finance reports and owes fines in excess of $26,000. His criminal case has prompted frustration from some members of the NAACP, who have called on him to resign.
Tennessee – Election Cycle Tests New Lobbyist Ethics Code
Nashville Scene – Eli Motycka | Published: 1/16/2024
A bill by Metropolitan Councilperson Kathleen Murphy in 2020 updated Nashville’s lobbying law. Her efforts targeted the city’s scant reporting requirements, which had remained relatively untouched since the early 1990s. A former lobbyist, Murphy wanted to bring the anemic regulations closer to those of the state. “It was shocking how many people would lobby me and not acknowledge that they needed to be registered,” Murphy said.
Tennessee – The Next Fight in Tennessee’s Campaign Finance Disclosure Laws
Tennessee Lookout – Adam Friedman | Published: 1/17/2024
The next fronts in Tennessee’s campaign finance landscape appear to be tracking the disclosures from education groups and regulation of newly formed conservative subgroups challenging incumbent Republicans. Bill Young, executive director of the Registry of Election Finance, said the unregistered political groups are a higher priority for his agency because the registry at least has disclosure around who runs the education related PACs in part due to a law passed in 2022.
Texas – Harris County Trustee Eric Dick Under Investigation for Alleged Illegal Activities after Maui Fires
MSN – Elizabeth Sander (Houston Chronicle) | Published: 1/18/2024
Hawaii officials are investigating Harris County Department of Education Trustee Eric Dick for illegally soliciting legal clients after the wildfires in Maui last year that killed at least 100 people. Dick, who is running for reelection on the education board, also owes $40,000 in campaign finance fines racked up during unsuccessful bids for other local offices. Dick said he will cooperate fully with Hawaiian authorities over what he characterized as a misunderstanding.
Virginia – Virginia Bill Would Bar Utilities from Charging Customers for Politics, Joining Other States
Energy and Policy Institute – Shelby Green | Published: 1/17/2024
A bill in Virginia would prohibit Dominion Energy and Appalachian Power from charging customers for many of their political activities. House Bill 792 would bar Virginia’s investor-owned electric utilities from charging their customers for their dues to trade associations, lobbying of government officials, advertising, and other efforts to influence public opinion, charitable giving, and litigation to challenge regulations or laws.
Virginia – Virginia House Panel Advances Perennial Measure Seeking to Ban Personal Use of Campaign Funds
WTVR – Sarah Rankin (Associated Press) | Published: 1/17/2024
Virginia elected officials would be prohibited from spending their campaign funds on personal expenses such as mortgages, vacations, or gym memberships under a bill a state House subcommittee advanced. Virginia is a national outlier for lacking such a law already. It is something good governance advocates have long sought but lawmakers at the General Assembly have defeated repeatedly for more than a decade, despite a bipartisan insistence that they want to find compromise on a reform.
January 12, 2024 •
News You Can Use Digest – January 12, 2024
National/Federal Democrats Set Ambitious Spending Plan for State Legislative Races DNyuz – Nick Corasaniti (New York Times) | Published: 1/10/2024 The Democratic Party’s organization that focuses on state legislative races is planning its largest campaign budget ever as it seeks to flip […]
National/Federal
Democrats Set Ambitious Spending Plan for State Legislative Races
DNyuz – Nick Corasaniti (New York Times) | Published: 1/10/2024
The Democratic Party’s organization that focuses on state legislative races is planning its largest campaign budget ever as it seeks to flip five chambers in three critical swing states, as well as defend three recently earned majorities. The budget – at least $60 million – underscores the importance of state Legislatures. Once dismissed as mere policy laboratories, they have become arbiters of many of the nation’s most pressing political debates.
State Legislators, Wary of Deceptive Election Ads, Tighten A.I. Rules
DNyuz – David Chen (New York Times) | Published: 1/11/2024
Alarmed by the increasing sophistication of what can be false or highly misleading political ads generated by artificial intelligence, state lawmakers are scrambling to draft bills to regulate them. To avoid First Amendment challenges, most lawmakers have focused on requiring those who make, produce, or disseminate the ads disclose the deceptive ads were produced by artificial intelligence. The broad goal, legislators said, was to prevent what has already happened elsewhere, especially in some elections overseas.
Special Counsel Probe Uncovers New Details About Trump’s Inaction on Jan. 6: Sources
MSN – Katherine Faulders, Mike Levine, Alexander Mallin, and Will Steakin (ABC News) | Published: 1/7/2024
Special counsel Jack Smith’s team has uncovered previously undisclosed details about former President Trump’s refusal to help stop the violent attack on the U.S. Capitol as he sat watching television inside the White House. Many of the details come from the questioning of Trump’s former deputy chief of staff, Dan Scavino. New information also comes from interviews with other White House advisers and top lawyers who previously declined to answer questions about Trump’s own statements and demeanor on January 6, 2021.
Violent Political Threats Surge as 2024 Begins, Haunting American Democracy
MSN – Sarah Ellison, Yvonne Wingett Sanchez, and Patrick Marley (Washington Post) | Published: 1/9/2024
Violent threats and acts of intimidation have defined the lives of various government officials since the 2020 election. Now they are casting a shadow over the 2024 campaign as Americans prepare to vote in the primary season. Those on the receiving end span the range of the country’s democratic system, including members of Congress, state officials, local leaders, and judges. While some are prominent, others have relatively low-profile roles. The intensity has accelerated in recent weeks.
Most Jan. 6 Defendants Get Time Behind Bars, but Less Than U.S. Seeks
MSN – Tom Jackman and Spencer Hsu (Washington Post) | Published: 1/5/2024
Three years after the U.S. Capitol attack, federal judges in Washington have sentenced more than half of the roughly 1,200 people charged in the largest investigation in U.S. history and have handed down lighter punishments for January 6 assault convictions compared with similar assault cases nationally. Judges have ordered prison time for nearly every defendant convicted of a felony and some jail time to about half of those convicted of misdemeanors.
Wayne LaPierre Resigns from N.R.A. with Trial Set to Open
MSN – Danny Hakim (New York Times) | Published: 1/5/2024
On the eve of a legal battle in New York, Wayne LaPierre said he would step down as the longtime chief of the National Rifle Association (NRA). He has led the NRA, once one of the nation’s most prominent lobbying organizations, for more than three decades. LaPierre played a leading role in transforming gun culture in America, but the last half decade of his tenure was marred by scandals and internal upheaval. In recent years, the group has been in a tailspin.
Judges Skeptical That Trump Is Immune from Jan. 6 Prosecution
MSN – Rachel Weiner, Spencer Hsu, Perry Stein, and Devlin Barrett (Washington Post) | Published: 1/9/2024
A panel of three federal appellate judges expressed skepticism about Donald Trump’s claim to sweeping immunity from criminal prosecution and concerns about its implications, suggesting it would allow a future president to have a political rival assassinated by the military without repercussions. Trump argues he cannot be tried for trying to overturn the 2020 election results because he was acquitted by the Senate of inciting the insurrection at the U.S. Capitol. James Pearce, a Justice Department attorney, called that “an extraordinarily frightening” proposition.
Vocal Anti-Trump Candidate Chris Christie Exits Presidential Race with Hot Mic Moment
NPR – Jeongyoon Han | Published: 1/10/2024
Former New Jersey Gov. Chris Christie ended his presidential campaign after his criticism of Donald Trump’s leadership and role in the Republican Party proved to diverge too far from where the GOP currently stands. His announcement was somewhat overshadowed by a hot mic moment ahead of a town hall. Christie’s mic went live as he was speaking about his presidential rivals. Of Haley, he praised her for “punching above her weight” but said “she’s going to get smoked.” On Ron DeSantis, he said the Florida governor “is petrified” before his mic was abruptly cut.
The Changing Congressional Map Is Shifting the Fight for Control of the House
Politico – Zach Montellaro | Published: 1/8/2024
The partisan tilt of a handful of districts could still change dramatically before voters even go to the polls this year, shifting who has the upper hand in the battle for control the U.S. House. Republicans hold just a three-seat majority and various congressional maps across the country have already been redrawn since the midterms thanks to drawn-out court battles, some of which have yet to be resolved.
From the States and Municipalities
Alaska – Alaska Ranked Choice Voting Opponents Fined Over $94K for Campaign Ethics Violations
Anchorage Daily News – Iris Samuels | Published: 1/4/2024
Supporters of an effort to repeal the state’s ranked choice voting system were fined more than $94,000 after the Alaska Public Offices Commission (APOC) found campaign finance violations. APOC said Anchorage pastor Art Mathias and groups he founded funneled most of their funding through a tax-exempt church and inaccurately reporting their funding. The fines come a month before the deadline for opponents of Alaska’s voting system to submit at least 26,000 signatures from voters as they seek to put the question of repealing the state’s system on the 2024 ballot.
California – Burger Chain Manager Fined for Using ‘Straw Donors’ to Back Ex-Sheriff Alex Villanueva’s 2018 Campaign
MSN – Keri Blakinger (Los Angeles Times) | Published: 1/10/2024
Manuel Gomez, a burger chain manager, will admit guilt on 10 counts of campaign money laundering and pay a $50,000 fine for using straw donors to contribute to former Los Angeles County Sheriff Alex Villanueva’s campaign, according to a settlement with the California Fair Political Practices Commission. Records show Villanueva, his 2018 campaign, and his then-campaign treasurer agreed to pay a total of $7,500 for violating reporting requirements and failing to return some of the money.
California – San Jose Bans ‘Foreign-Influenced Corporations’ from Political Donations
San Jose Spotlight – Jana Kadah | Published: 1/10/2024
The San Jose City Council passed an ordinance that prohibits “foreign-influenced corporations” from donating in city races. It will go into effect in 30 days, just one month before the March 5 primary elections. Federal and state laws already prohibit foreign individuals from making contributions or independent expenditures to candidates. But foreign companies with domestic subsidiaries can contribute as long as the donations are made by a U.S. citizen or permanent resident.
California – DWP Board Members Held Private Contract Talks with Vendor, Prompting Ethics Questions
Yahoo News – Dakota Smith and Richard Winton (Los Angeles Times) | Published: 1/5/2024
Two members of the Los Angeles Board of Water and Power Commission privately discussed a contract with executives of a cybersecurity company, an exchange that is raising concerns from ethics experts. Then-commission President Mel Levine and then-Vice President Cynthia McClain-Hill held a phone call in 2019 with two executives to walk them through the utility’s plans to award them a contract. The city’s ethics law bars commissioners from privately participating in the review or negotiation of contracts they will vote on. The commission’s rules also bar commissioners from having private discussions about bids with vendors.
Colorado – Supreme Court Says It Will Decide If Trump Qualifies for Colorado Ballot
MSN – Ann Marimow and Patrick Marley (Washington Post) | Published: 1/6/2024
The U.S. Supreme Court agreed to consider whether Donald Trump should be disqualified from the primary ballot in Colorado. The state Supreme Court disqualified the Republican front-runner, finding he engaged in an insurrection before and during the attack on the U.S. Capitol. The announcement puts the justices in a pivotal position with echoes of the court’s involvement in the 2000 election, when its decision assured victory for George W. Bush, polarized the nation and damaged the court’s reputation as an independent institution.
Florida – Court Sends Case of Prosecutor Suspended by DeSantis Back to Trial Judge Over First Amendment Issues
Associated Press News – Curt Anderson | Published: 1/10/2024
A Democratic prosecutor suspended by Florida Gov. Ron DeSantis will get another chance to show his political advocacy was protected by the First Amendment and could not be the basis for his removal, a federal appeals court panel ruled. The ruling sends the case involving ex-prosecutor Andrew Warren back to a trial judge to determine if the governor’s suspension was improperly focused on statements Warren signed opposing certain legislation to criminalize abortion and gender care.
Florida – Florida GOP Ousts Chairman Under Investigation for Alleged Rape
MSN – Lori Rozsa (Washington Post) | Published: 1/8/2024
The Republican Party of Florida removed its chairperson, Christian Ziegler, from his job as in the midst of a sexual assault investigation. Ziegler is accused of raping a woman who had previously engaged in a tryst with him and his wife, Bridget. Christian Ziegler rejects the allegations. Sarasota police are investigating the incident but have not yet filed charges. Bridget Ziegler is a co-founder of the far-right group Moms for Liberty. As a Sarasota County school board member, she has pushed an anti-LGBTQ+ agenda.
Georgia – Who Will Investigate One of Georgia’s Most Ambitious Politicians in the Trump Case?
DNyuz – Richard Fausset (New York Times) | Published: 1/4/2024
Since the indictment of Donald Trump and his allies on election interference charges in Georgia, a question has gone unanswered: would criminal charges also be coming for Lt. Gov. Burt Jones. He was one of the 16 Republicans who acted as fake electors to overturn Trump’s 2020 defeat. Three of them are charged with felonies. But a judge blocked the Fulton County district attorney who led the investigation from developing a case against Jones, citing a conflict-of-interest because she had headlined a fundraiser for a Democratic who became his rival in the lieutenant governor’s race.
Georgia – Trump Claims Immunity from Prosecution in Georgia Election Case
MSN – Holly Bailey (Washington Post) | Published: 1/8/2024
Donald Trump urged a judge to dismiss charges he illegally conspired to overturn his 2020 election loss in Georgia, claiming his alleged actions were at the “heart” of his sworn responsibilities as president and he is immune from criminal prosecution. The arguments from Steve Sadow, an Atlanta attorney representing Trump in the Georgia case, largely echo immunity claims made by the former president’s defense team in the separate federal election interference case against him.
Hawaii – Full Public Financing of Elections Is Being Revived at Hawaii Legislature
Honolulu Civil Beat – Chad Blair | Published: 1/11/2024
Hawaii Sen. Karl Rhoads will resurrect a bill that would establish a comprehensive public campaign financing system intended to attract a more diverse pool of candidates. It would give grants to qualifying candidates who are able to demonstrate sufficient support from voters. In states that have similar programs such as Connecticut, Maine, and Arizona, the systems increase the diversity of candidates, in particular drawing people who are younger and from less traditional backgrounds.
Chicago Sun-Times – Mitchell Armentrout and Tim Novack | Published: 1/5/2024
Under Illinois law, former Ald. Edward Burke is likely to be stripped of the $8,027-a-month city pension he started collecting last May on the day after ending his record 54-year reign in the Chicago City Council. But he will get at least the more than $540,000 he paid into the fund. The disgraced former council member is in line for a more substantial payout from his campaign fund, which he can use to pay himself or his family members almost $2.5 million, no questions asked, thanks to a loophole in state campaign finance law.
Illinois – City Council Ethics Package Could Face Uphill Fight Without Johnson in the Lead
MSN – A.D. Quig (Chicago Tribune) | Published: 1/7/2024
In the wake of former Ald. Edward Burke’s racketeering conviction, his onetime colleagues on the Chicago City Council are faced with the choice of whether to hold themselves to tougher ethical standards. They are largely weighing that decision without input from Mayor Brandon Johnson, who, unlike his predecessor, is taking a hands-off approach to anti-corruption reforms. The fresh debate is spurred by a slew of new recommendations from the Board of Ethics tightening rules for city contractors, campaign fundraising, and advertising that a key committee chairman pledged to take up in the new year.
Kansas – New Wichita City Council Member Moves to Undo Ban on Corporate Political Donations
Yahoo News – Matthew Kelly (Wichita Eagle) | Published: 1/9/2024
The Wichita City Council will vote on an ordinance that would undo the ban on corporate political donations in municipal enacted recently. The ordinance passed on January 2 passed in former Mayor Brandon Whipple’s last meeting on the job. Whipple declared an emergency before the vote, allowing the council to finalize the reform immediately and forgo the standard second reading that would have otherwise been required.
Kentucky – Weddle Blames Beshear Fundraiser for Letting Him Make Illegal Political Contributions
Kentucky Lantern – Tom Loftus | Published: 1/9/2024
London Mayor Randall Weddle says he told a fundraiser for Kentucky Gov. Andy Beshear’s reelection in late 2022 that he planned to make political contributions of others on his credit card, but instead of being warned such a move would be illegal, the fundraiser told Weddle, “Okay sounds great.” The Registry of Election Finance filed a complaint against Weddle for violating a law that prohibits a person from making a campaign donation in the name of another.
Louisiana – Newly Sworn In, Louisiana’s Governor Calls for Special Session to Draw New Congressional Map
ABC News – Sara Cline (Associated Press) | Published: 1/8/2024
In his first hours in office, Louisiana Gov. Jeff Landry called a special session on redistricting, giving lawmakers the opportunity to draw and replace the state’s current congressional map a federal judge said violates the Voting Rights Act by diluting the power of Black voters. But the session looks to go beyond just tackling Louisiana’s congressional map, with the governor issuing a list of other issues to address, including redrawing state Supreme Court districts and moving away from Louisiana’s current open primary election system to a closed one.
Louisiana – Council Looks to Clean Up New Orleans’ Procurement Process Following Scathing IG Report
MSN – David Jones (WVUE) | Published: 1/9/2024
Two months after a scathing report from the inspector general, a New Orleans City Council member is looking to clean up the city’s procurement process for the awarding of contracts by introducing three pieces of new legislation. The report concerned alleged bid-rigging in the procurement process for the now-abandoned “Smart Cities” project. It says two city employees might have violated state ethics law in awarding a contract for the project.
Massachusetts – Liberal Group Files Challenge to Remove Trump from Massachusetts Primary Ballot
MSN – Matt Stoudt (Boston Globe) | Published: 1/5/2024
A labor lawyer and a liberal group filed a challenge seeking to remove Donald Trump from Massachusetts’ Republican presidential primary ballot, echoing arguments in other states that the former president is ineligible to serve in the White House under the Constitution’s insurrection clause. Massachusetts Secretary of State William Galvin has argued even if Trump is found guilty of inciting an insurrection and is therefore ineligible to serve as president, he can still be on the ballot in Massachusetts.
Michigan – Michigan Republicans Hold Disputed Vote to Remove Party Leader
Yahoo News – Nick Corasaniti and Neil Vigdor (New York Times) | Published: 1/6/2024
Simmering tensions within the Michigan Republican Party boiled over with some party officials voting to remove their embattled chairperson, Kristina Karamo, in a contentious proceeding that she and other state Republicans argued was illegitimate. The showdown, which occurred at a meeting held by a breakaway faction of the state party, now appears likely to wind up in court.
Minnesota – All-Female City Council Marks a ‘Turning Point’ for a Twin City
DNyuz – Remy Tumin (New York Times) | Published: 1/10/2024
St. Paul, Minnesota, is believed to be among the largest cities in the country to have the distinction of having an all-female City Council. But the firsts do not stop there: all seven council members are under 40 years old, and six are women of color, making it the youngest and most racially diverse council in the city’s history. Although the new makeup of the council may surprise some, several demographic shifts in St. Paul over the past few decades helped pave the way for this moment.
Missouri – Missouri Defends Lobbying Waiting Period for Lawmakers at Eighth Circuit
Courthouse News Service – Joe Harris | Published: 1/9/2024
A federal appeals court heard arguments challenging a voter-approved, two-year waiting period between serving in the Missouri Legislature and accepting payment for lobbying services. The plaintiffs claim the law violates their right to free speech. Jason Lewis of the Missouri attorney general’s office argued the General Assembly has the right to restrict employment.
New Jersey – N.J. Moving to Change Ethics Laws for Cannabis, Which Could Help Top Democrat
MSN – Jelani Gibson (NJ Advance Media) | Published: 1/7/2024
A new bill would potentially help the vice chairperson of New Jersey’s State Democratic Committee, Peg Schaffer, to stay within the cannabis industry as the party’s chair continues to function as a lobbyist on behalf of well-financed companies. Schaffer recently accepted a board position at the New Jersey Sports and Exposition Authority. She is the president and managing principal of a law firm. Schaffer’s job at the authority holds the risk of running afoul of the state’s conflict-of-interest laws when it comes to representing cannabis applicants.
New York – N.Y. Seeks $370 Million in Trump Fraud Trial Instead of $250 Million
MSN – Shayna Jacobs (Washington Post) | Published: 1/5/2024
New York Attorney General Letitia James is seeking a $370 million penalty against Donald Trump and his company instead of the $250 million the state sought when it filed a civil fraud lawsuit in 2022. The filing was the first time James has publicly cited a specific higher penalty than what was included in the original lawsuit. The company was accused of purposely misleading lenders and insurance companies about Trump’s net worth by up to $2.2 billion per year from 2011 to 2021 to get better terms in business deals.
North Dakota – North Dakota Ethics Commission Sees Uptick in Complaints
North Dakota Monitor – Mary Steuer | Published: 1/8/2024
Complaints to the North Dakota Ethics Commission have been on the rise since late 2022, though in most cases, state law requires filings to be kept confidential unless the commission determines them to be substantiated. Twenty-four of 45 complaints were dismissed upon initial review. One reason why so many complaints were dismissed is because the commission has very limited jurisdiction.
Ohio – Ginther’s Public Service Director Leaving for New Job
MSN – Bill Bush (Columbus Dispatch) | Published: 1/5/2024
Jennifer Gallagher is resigning as director of the Columbus Department of Public Service is resigning. Emails released by the city attorney’s office Friday suggest Gallagher remains the subject of an investigation launched by the Ohio Ethics Commission in 2022. A complaint concerns a $480,000 contract Gallagher’s department awarded to a firm that employed her husband. Ohio law generally prohibits public officials from awarding or influencing contracts in which a family member has an interest.
Ohio – Transgender Ohio House Hopeful Appeals Disqualification for Not Listing Birth Name on Paperwork
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 1/4/2024
A transgender woman running for an Ohio House seat has been disqualified for failing to disclose her former name on petitions circulated to voters, in violation of a seldom-enforced state law. Stark County election officials informed Vanessa Joy that she was not eligible to be on the ballot despite having collected the signatures necessary to run. Officials said Joy violated a law requiring candidates for public office to list any name changes over the previous five years on their signature petitions.
Ohio – Voting, Disability Rights Advocates Claim Ohio Photo Voter ID Law Violates Federal Disabilities Law
Ohio Capital Journal – Nick Evans | Published: 1/5/2024
Starting last year, Ohioans had to present a photo ID to cast a vote. The new law also reduced the number of days available for early voting and for returning absentee ballots. Now, the League of Women Voters is challenging the law over a different set of provisions. It imposes a limited list of individuals “authorized” to return absentee ballots on behalf of someone else. A lawsuit contends that restrictive list violates the Americans with Disabilities Act by imposing “extreme burdens to vote that voters without disabilities will never face.”
Rhode Island – Ethics Complaint Against Shekarchi Over 2017 Wedding Farm Bill Dismissed. Here’s Why
Yahoo News – Patrick Anderson (Providence Journal) | Published: 1/9/2024
The Rhode Island Ethics Commission cleared House Speaker K. Joseph Shekarchi of conflict-of- interest accusations brought by the state Republican Party over his vote seven years ago for a bill that sought to legalize weddings on large farms. The commission found there was no probable cause that Shekarchi violated the ethics code to benefit a campaign donor.
South Dakota – South Dakota Supreme Court Hears Arguments on Lawmaker Conflict of Interest
Yahoo News – Annie Todd (Sioux Falls Argus Leader) | Published: 1/8/2024
The South Dakota Supreme Court heard lawyers from the governor’s office, the attorney general’s office, and the Legislature make a case as to why the justices should issue an opinion more clearly defining what a conflict-of-interest is within the state constitution. Attorneys took questions from the justices related to whether establishing a new standard in the law would be enough to accurately define what is a direct or indirect conflict-of-interest when a lawmaker votes on bills for funding state government and its operations.
Texas Tribune – Robert Downen | Published: 1/3/2024
In a bizarre micro-scandal that some have dubbed “GrubGate,” a former member of Congress who is running for her old seat in South Texas, Mayra Flores, is being accused of routinely stealing photos of Mexican food from other social media accounts and passing them off as her own cooking. That prompted the website Current Revolt to dig further into Flores’ social media accounts, where they found numerous other posts in which she used others’ photos of campfire cooking or homemade tortillas to illustrate her own idyllic life on a ranch.
Vermont – Vermont Senate Beefs Up Financial Disclosure Requirements in Response to VTDigger Reporting
VTDigger.org – Paul Heinz | Published: 1/4/2024
The Vermont Senate voted to mandate its own members publicly disclose additional information about their personal finances and potential conflicts-of-interest. VTDigger had documented how difficult it was for Vermonters to obtain information about their legislators and how little was revealed by mandatory disclosure forms. After VTDigger published the first story in the series last April, the Senate moved to post members’ financial disclosure forms online for the first time.
Wyoming – New Rules Would Allow Ousting Wyoming Legislators Accused or Convicted of Felonies
Cowboy State Daily – Leo Wolfson | Published: 1/9/2024
A new slate of proposed ethics complaint rules for the Wyoming Legislature would allow for the expulsion of members who are accused or convicted of felonies as private citizens, in and outside of the legislative session. The proposed rules adopt a clear procedure for the House speaker or Senate president to more quickly dismiss frivolous complaints as a way to mitigate the potential of the complaint process being weaponized.
January 5, 2024 •
News You Can Use Digest – January 5, 2024
National/Federal Bomb Hoaxes and ‘Swatting’ Attempts Target Public Officials as 2024 Begins DNyuz – Neil Vigdor (New York Times) | Published: 1/4/2023 State Capitol buildings in seven states were evacuated or placed on lockdown after the authorities said they had received bomb […]
National/Federal
Bomb Hoaxes and ‘Swatting’ Attempts Target Public Officials as 2024 Begins
DNyuz – Neil Vigdor (New York Times) | Published: 1/4/2023
State Capitol buildings in seven states were evacuated or placed on lockdown after the authorities said they had received bomb threats that they described as false and nonspecific. The FBI said it had no information to suggest any threats were credible. There was a “swatting” attempt on Maine Secretary of State Shenna Bellows, which was intended to draw a heavily armed law enforcement response. The incidents intensified a climate of intimidation and the harassment of public officials, including those responsible for overseeing ballot access and voting.
Special Counsel Asks D.C. Judge to Bar Trump Misinformation at Trial
MSN – Perry Stein and Rachel Weiner (Washington Post) | Published: 12/27/2023
Federal prosecutors asked a judge to prohibit Donald Trump’s attorneys from introducing at his federal election obstruction trial “irrelevant disinformation” that is often part of Trump’s campaign speeches, such as President Biden coordinated with the Justice Department to bring criminal charges against him. Such filings are common in legal proceedings and aim to eliminate arguments at trial that prosecutors say are not supported by evidence or are irrelevant to the case and could mislead jurors.
Not Just the Supreme Court: Ethics troubles plague state high courts, too
MSN – Aaron Mendelson (USA Today) | Published: 1/3/2024
Across the country, state Supreme Courts wield enormous power over abortion, LGBTQ+ rights, and elections, among other issues. But judicial ethics at the state level receive scant attention. Experts say that is a mistake and potential problems are widespread. Many state high court justices make their own decisions about recusal, with virtually no opportunity for review. They often have a say in their own discipline. In numerous states around the country, they disclose only meager and hard-to-access data about their finances.
Report: Trump businesses received $7.8 million in foreign payments during presidency
MSN – Jacqueline Alemany (Washington Post) | Published: 1/4/2024
During Donald Trump’s presidency, his businesses received at least $7.8 million in payments from the foreign governments and officials of 20 countries, including China, Saudi Arabia, and Qatar, according to a report released by Democrats on the House Oversight Committee. The report argues the payments were in violation of the Constitution’s foreign emoluments clause, a provision that bars federal officials from accepting money or gifts from foreign governments without permission from Congress.
Appeals Court Reverses Conviction Against Jeff Fortenberry
MSN – Eric Bazail-Eimil (Politico) | Published: 12/26/2023
A federal appeals court overturned a conviction against former U.S. Rep. Jeff Fortenberry, saying the decision to try the lawmaker from Nebraska in California over alleged foreign campaign donations violated his due process rights. The panel found Fortenberry should not have been tried in Los Angeles, since the specific crimes he was prosecuted for occurred in the District of Columbia and Nebraska. It also rejected prosecutors’ arguments that criminal conduct also occurs where it would have an effect on a federal investigation.
Lawmakers Who Linger After Accepting New Jobs Stir Concerns
MSN – Justin Papp (Roll Call) | Published: 12/26/2023
U.S. Rep. Brian Higgins will depart Congress in February to start a new job as the director of Shea’s Performing Arts Center in Buffalo but will remain in office in the interim. He is not the only member of the House to accept a new job in November but linger in Congress for several months. Watchdogs argue ethical issues can arise when a member knows they have a set start date to work for another employer. Situations like Johnson’s and Higgins’ highlight the opacity of congressional ethics rules around outside employment and job negotiations.
Roberts Sidesteps Supreme Court’s Ethics Controversies in Yearly Report
MSN – Ann Marimow (Washington Post) | Published: 12/31/2023
The U.S. Supreme Court will be tested in the coming weeks to untangle politically consequential legal questions with the potential to reshape the 2024 presidential election. The court’s reputation remains marred by ethics controversies involving lavish travel and gifts, and public approval ratings remain low following high court rulings to overturn long-standing precedent. But Chief Justice John Roberts did not address any of those contemporary issues in his annual “Year-End Report on the Federal Judiciary.”
Sen. Bob Menendez Accused of Aiding Qatar in Exchange for Bribes
MSN – Shayna Jacobs (Washington Post) | Published: 1/2/2024
U.S. Sen. Robert Menendez is facing a new set of federal bribery allegations in a superseding indictment that accuses him of providing assistance to the government of Qatar as well as Egypt. While the indictment does not add charges, it makes public previously unknown allegations of corruption by Menendez, who headed the Foreign Relations Committee until he was charged several months ago. It is the second superseding charging document to be filed since Menendez surrendered.
Justice Dept. Accuses 2 Political Operatives of Hiding Foreign Lobbying During Trump Administration
MSN – Eric Tucker and Alan Suderman (Associated Press) | Published: 1/2/2024
Two political consultants provided false information about lobbying work on behalf of a Persian Gulf country during the Trump administration. Charging documents allege Barry Bennett, an adviser to Donald Trump’s 2016 presidential campaign, spearheaded a covert lobbying campaign aimed at advancing the interests of a foreign country. The country for whom the work was done is not named but it matches the description of Qatar. The Justice Department also reached a similar agreement with Douglas Watts, a political consultant who prosecutors say worked alongside Bennett and failed to register under the Foreign Agents Registration Act.
Special Counsel: Trump immunity claim threatens democracy
MSN – Josh Gerstein and Kyle Cheney (Politico) | Published: 12/30/2023
Donald Trump’s bold claims that he is immune from criminal prosecution over his efforts to overturn the 2020 presidential election “threaten to undermine democracy,” special counsel Jack Smith warned a federal appeals court. Smith rejected Trump’s contention that the criminal indictment of him for trying to reverse his loss at the polls three years ago is constitutionally invalid because he was serving as president at the time and because he was acquitted by the U.S. Senate after he was impeached for those actions.
New Spin on a Revolving Door: Pentagon officials turned venture capitalists
Seattle Times – Eric Lipton (New York Times) | Published: 12/31/2023
Former Pentagon officials and military officers have joined venture capital firms and are trying to use their connections in Washington to cash in on the potential to sell a new generation of weapons. They represent a new path through the “revolving door” that has always connected the Defense Department and the military contracting business. Retiring generals and departing Pentagon officials once migrated regularly to the established weapons makers. Now they are increasingly flocking to venture capital firms that have collectively pumped billions of dollars into startups offering the Pentagon new war-fighting tools.
From the States and Municipalities
Canada – Commissioner Says No Conflict in Rolling Stones’ Promo at Vancouver City Hall
Vancouver Is Awesome – Mike Howell | Published: 1/3/2024
Vancouver’s integrity commissioner ruled Mayor Ken Sim and three city council members did not breach the code of conduct when they promoted a Rolling Stones concert scheduled for July 2024 at BC Place Stadium. Sim and council members Sarah Kirby-Yung, Peter Meiszner, and Mike Klassen were the subject of a complaint from a citizen concerned about the band’s iconic tongue-and-lips logo being displayed on the facade of City Hall.
Arizona – Judge Rebuffs GOP Lawmakers’ Bid to Block Arizona Voters’ Dark Money Law
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 12/29/2023
A judge ruled Arizona voters have an absolute right to enact laws requiring disclosure of “dark money’” political donations, even if Republican legislators do not approve. Maricopa County Superior Court Judge Timothy Ryan rejected a bid by House Speaker Ben Toma and Senate President Warren Petersen to block implementation of Proposition 211 ahead of campaign spending for the 2024 election. While Ryan gave the go-ahead for the law to take effect, he did not toss out the entire challenge.
California – Alameda County District Attorney Pamela Price Barred from Prosecuting Her Loudest Critic, a Former Prosecutor
MSN – Jakob Rodgers (San Jose Mercury News) | Published: 1/3/2024
A judge barred Alameda County District Attorney Pamela Price’s office from prosecuting one her loudest political critics in a misdemeanor case that has become a focal point in the recall effort against her. Superior Court Judge James Cramer ruled Price’s office has a “significant conflict of interest” in prosecuting Amilcar Ford, a former employee of hers who was charged over the summer with violating a little-used section of the state’s business and professions code. As a result, the case will now be handled by the state attorney general’s office.
California – DA Charges Ex-San Francisco Building Inspector Who Inspected His Own Home
San Francisco Standard – Michael Barba | Published: 1/2/2024
A former San Francisco building inspector who had inspected his own home is now facing criminal charges for alleged conflict-of-interest violations, District Attorney Brooke Jenkins announced Tuesday. Van Zeng was fired and charged after a media investigation revealed he conducted a series of questionable inspections on properties with ties to his family.
Florida – Miami City Manager’s Wife Was Hired for Office Remodeling, Raising Ethics Concerns
WLRN – Daniel Rivero and Joshua Ceballos | Published: 1/4/2024
When Miami City Manager Art Noriega wanted to remodel parts of his office at City Hall, his office picked a familiar salesperson from a familiar company to provide new furniture in contracts worth more than $37,000. The salesperson: Noriega’s wife, Michelle Pradere-Noriega. Her company has been awarded over $440,000 in city contracts for new office furniture and furniture assembly in her husband’s tenure as city manager. Ethics experts say the contracts could raise potential conflicts-of-interest because of Noriega’s high-ranking position in the city and may violate state ethics laws.
Florida – Daughter of Former Broward Mayor Fleeced Thousands of Dollars in Campaign Funds, Feds Say
Yahoo News – Grethel Aguila (Miami Herald) | Published: 1/3/2024
The daughter of former Broward Mayor Dale Holness was charged with fraud, accused of using thousands of dollars in campaign funds for personal expenses. The alleged fraud occurred from April 2019 through October 2020, when Richelle Holness was the treasurer for her father’s campaign. Richelle Holness is not the only family member to have faced federal fraud charges recently.
Georgia – Conservative Group Wins Legal Victory Over 2020 Voting Challenges in Georgia
DNyuz – Nick Corasaniti (New York Times) | Published: 1/2/2024
U.S. District Court Judge Steve Jones ruled a conservative group’s efforts to challenge the eligibility of hundreds of thousands of voters in the U.S. Senate runoff elections in Georgia in 2021 did not violate the Voting Rights Act under a clause outlawing voter suppression. The decision was relatively narrow, applying only to Jones’s district, and will do little to change the status quo. Right-wing election groups have already tried to help bring thousands of challenges to voter registrations in states across the country. But the opinion is likely to encourage conservative activists hunting for voter fraud during the 2024 presidential election.
Georgia – Federal Judge Approves Georgia’s Republican-Drawn Congressional Districts
MSN – Azi Paybarah (Washington Post) | Published: 12/28/2023
A federal judge in Georgia approved congressional districts redrawn by the state’s Republican-led legislature, ruling the new map did not continue to illegally dilute the power of Black voters as Democrats and civil rights groups have argued. Georgia is among several states where challenges to congressional maps could affect the makeup of the U.S. House next year.
Illinois – Ex-Illinois House Speaker Wins Six-Month Raincheck in Federal Corruption Trial
Courthouse News Service – Dave Byrnes | Published: 1/3/2024
A federal judge postponed the corruption trial of former Illinois House Speaker Mike Madigan. The decision pushes back the trial start date from April 1 of this year to October 8. Madigan faces 23 charges for racketeering, fraud, conspiracy, and bribery. Central to the charges against Madigan is the definition of “bribery” for public officials in the law. The Supreme Court threw a wrench into the government’s case against Madigan when it agreed to hear a bribery case out of Indiana challenging the interpretation of the section of the law.
MSN – Jason Meisner, Ray Long and Megan Crepeau (Chicago Tribune) | Published: 12/21/2023
A jury found former Chicago Ald. Ed Burke guilty on 13 of 14 corruption charges, including racketeering conspiracy, for scheming to use his clout at City Hall to pressure people into hiring his private law firm. Also convicted was real estate developer Charles Cui, who was accused of hiring Burke’s firm to do property tax appeals in exchange for the council member’s intervention in a permit dispute. Burke’s longtime ward aide, Peter Andrews Jr., was acquitted of all counts against him.
Kansas – Wichita City Council Votes to Amend Campaign Finance Ordinance
KSN – Ryan Newton and Zena Taher | Published: 1/2/2024
The Wichita City Council voted to amend the campaign finance ordinance. The amendment prohibits candidates from accepting contributions from foreign and domestic corporations and limited liability companies in city elections. Other entities, such as sole proprietorships, professional associations, partnerships, and PACs, would continue to be permitted to make political contributions.
Maine – Donald Trump Removed from Maine Primary Ballot by Secretary of State
MSN – Patrick Marley (Washington Post) | Published: 12/29/2023
Maine barred Donald Trump from the primary ballot, becoming the second state to block the former president from running again because of his actions before and during the attack on the U.S. Capitol. The challenges to Trump’s candidacy have focused on primaries because Republicans will not choose their nominee until states hold their nominating contests and the party holds its national convention in July. If Trump’s ability to run has not been resolved by then, attention would shift to the general election.
Baltimore Brew – Mark Reutter | Published: 12/29/2023
Two days after it was reported that Baltimore Mayor Brandon Scott was soliciting online for cash, gift cards, and baby supplies for his newborn son, the registry was switched to a private setting. The action came after the chairperson of the city Ethics Board and Baltimore’s inspector general said the mayor never requested a gift solicitation waiver to conduct online fundraising. Scott and his fiancée, Hana Pugh, have so far received more than 95 gifts on their Babylist site. They include at least six $50 cash gifts. The is a city ban on gifts $20 and over.
Michigan – Staffers for Ex-Speaker Lee Chatfield Plead Not Guilty in Financial Misconduct Case
Detroit Free Press – Arpan Lobo | Published: 1/3/2024
Anne and Rob Minard, who worked for former Michigan House Speaker Lee Chatfield, were arraigned as they face a series of charges stemming from their alleged misappropriation of funds. Affidavits paint a picture of alleged repeated reimbursements to the couple for expenses that were actually paid for with funds from various nonprofits associated with Chatfield.
Michigan – Michigan Supreme Court Allows Trump to Appear on 2024 Primary Ballot
MSN – Patrick Marley (Washington Post) | Published: 12/27/2023
Donald Trump’s name is set to appear on Michigan’s primary ballot after the state Supreme Court declined to hear a challenge to his candidacy. The decision provides Trump with a new victory as he tries to get himself restored to the ballot in Colorado and avoid getting knocked off the ballot in other states.
New Jersey – ELEC Moves to Assert Jurisdiction in Jersey Freedom ‘Dark Money’ Lawsuit
Press of Atlantic City – Michelle Brunetti Post | Published: 1/3/2024
The New Jersey Election Law Enforcement Commission (ELEC) is asserting its “primary jurisdiction” over investigating and punishing election reporting violations in an amicus brief in a lawsuit against the “dark money” group Jersey Freedom. The New Jersey Republican State Committee sued Jersey Freedom, alleging the group was not complying with state law on reporting its donors and expenditures. Jersey Freedom’s lawyer moved to dismiss the lawsuit, arguing ELEC should handle any complaints against Jersey Freedom.
New York – Hochul Vetoes Controversial Campaign Finance Changes
Albany Times Union – Joshua Solomon | Published: 12/27/2023
Gov. Kathy Hochul vetoed a bill that would have amended the state’s newly established system to publicly finance political campaigns by changing the dollar threshold for candidates to qualify in state elections. The bill would have allowed for the first $250 of any contribution to a campaign in an election cycle to be matched by state funding. Currently, the program only allows matching donations for contributors who gave no more than $250 in a cycle. The amended version would have allowed larger contributions from wealthy donors to receive a taxpayer-funded boost.
Oregon – Oregon Lawmakers’ Overseas Trips Funded by Lobby Groups, Taiwanese Government
Oregon Capital Chronicle – Julia Shumway | Published: 12/22/2023
Oregon lawmakers jetted off to Taiwan, Portugal, Denmark, and technology hubs in California this fall, all paid for by companies and groups that have a keen interest in the laws they pass. These junkets, once common, have been rarer in recent years due to the COVID pandemic and associated travel restrictions. While some trips took lawmakers to tourist destinations, those who went say they were a far cry from the luxurious lobbyist-paid trips to Hawaii, China, and Israel taken by lawmakers in the 2000s that resulted in stricter state ethics laws.
Pennsylvania – Despite Ethics Concerns, Shapiro Will Keep Accepting Tickets from a Group That Gets State Money
Spotlight PA – Stephen Caruso and Katie Meyer | Published: 12/22/2023
Pennsylvania Gov. Josh Shapiro will continue to receive gifts from Team Pennsylvania, a public-private partnership that says it works to improve the state’s “competitiveness and economic prosperity.” This year it paid for tickets and lodgings for Shapiro to attend the Super Bowl in Arizona and funded his tickets to a Philadelphia Phillies playoff game and a Penn State football game. One expert said taking tickets from Team PA could conflict with Shapiro’s gift ban, which bars executive branch employees from accepting goods or services, like tickets, from any “person or entity” that “has financial relations with the commonwealth.”
South Dakota – ‘Governor’s Cup’ Rodeo Among Recipients of Millions from Public Fund Controlled by Noem
Yahoo News – Joshua Haiar (Sioux Falls Argus Leader) | Published: 12/29/2023
In September, Gov. Kristi Noem carried the American flag on horseback into a Sioux Falls arena full of fans. It was the Cinch Playoffs Governor’s Cup with $1 million in prize money. Noem handed out awards, posed for photos with the winners, and shared the images with thousands of followers on her social media accounts. Several months earlier, Noem had decided to use tax dollars from South Dakota employers to help pay for the event.
Tennessee – Tennessee Legislature Can Shield Its Harassment Investigation Records, Judge Rules
MSN – Melissa Brown (Tennessean) | Published: 1/3/2024
The Tennessee General Assembly can legally shield its records of sexual harassment investigations from the public, a judge ruled in a lawsuit related an investigation last spring that led to the abrupt resignation of then-Rep. Scotty Campbell. A Nashville attorney sued the Office of Legislative Administration and its director over unfulfilled public records requests regarding the Legislature’s response to Campbell’s harassment complaint and the General Assembly’s related expenditures.
Virginia – Push for Campaign Finance Reform to Return in Virginia Legislative Session
Richmond Times-Dispatch – Katie King (Virginian-Pilot) | Published: 1/1/2024
Virginia Del. Marcus Simon prefiled legislation for the next General Assembly session that would prohibit politicians from using campaign donations on personal expenditures. Virginia politicians can legally spend campaign donations on essentially anything, and there is no limit on who can contribute or how much donors can give. Although past efforts were unsuccessful, the General Assembly will have many new faces this year, meaning the bill could potentially find new supporters.
December 22, 2023 •
News You Can Use Digest – December 22, 2023
National/Federal Here Are the Other States Where Trump’s Ballot Eligibility Faces a Challenge Las Vegas Sun – Nick Corasaniti (New York Times) | Published: 12/21/2023 The decision by the Colorado Supreme Court to disqualify Donald Trump from holding office again was the […]
National/Federal
Here Are the Other States Where Trump’s Ballot Eligibility Faces a Challenge
Las Vegas Sun – Nick Corasaniti (New York Times) | Published: 12/21/2023
The decision by the Colorado Supreme Court to disqualify Donald Trump from holding office again was the first victory for a legal effort that is still unfolding across the country. At least 16 other states have pending legal challenges to Trump’s eligibility for office under the 14th Amendment. The U.S. Supreme Court will face some pressure from the political calendar if it takes up an appeal. Colorado Secretary of State Jena Griswold said her office must certify which candidates are on the ballot by January 5 to print ballots in time for the state’s primary election two months later.
A Fight for Black Representation, with a Civil Rights Landmark on the Line
MSN – Patrick Marley (Washington Post) | Published: 12/13/2023
Litigation filed across the South that alleges Republican lawmakers illegally drew district lines to limit the power of minority voters. The outcome of the suits likely will influence which party controls the next Congress. The cases will also test how much a 58-year-old landmark of the civil rights era still matters. The potency of the Voting Rights Act has been eroded in recent years by the courts. Voting rights advocates view the decisions as a threat to the guarantee all eligible voters can cast ballots and people of color will get an equal say. Conservatives say it is less necessary after generations of progress for minority groups.
FEC Revises Rules for Candidates Drawing Salaries from Campaigns
MSN – Daniela Altimari (Roll Call) | Published: 12/15/2023
Advocates for working-class candidates are applauding a new FEC rule that makes it easier for those running for Congress to draw salaries from their campaign accounts. The rule more accurately reflects the demands of running for federal office, which typically require full-time campaigning for a year or more leading up to the election, said Shana Broussard, a Democratic member of the FEC.
The Rise of AI Fake News Is Creating a ‘Misinformation Superspreader’
MSN – Pranshu Verma (Washington Post) | Published: 12/17/2023
Artificial intelligence is automating the creation of fake news, spurring an explosion of web content mimicking factual articles that instead disseminates false information about elections, wars, and natural disasters. Historically, propaganda operations have relied on armies of low-paid workers or highly coordinated intelligence organizations to build sites that appear to be legitimate. But AI is making it easy for nearly anyone to create these outlets, producing content that is at times hard to differentiate from real news.
Ron DeSantis Wanted to Change the Way Campaigns Were Funded. Then the Fights Started.
MSN – Michael Scherer, Hannah Knowles, and Josh Dawsey (Washington Post) | Published: 12/16/2023
Florida Gov. Ron DeSantis had a plan to change how presidential campaigns are usually funded as he sought the White House. His first campaign manager developed the strategy and selected the leadership to lead a new super PAC called Never Back Down. Under campaign finance rules, the PAC and the campaign could not privately coordinate most of their spending. But they aimed to function as an integrated whole. It was the first time a major campaign ceded so much of its operations to an entity it could not legally control. With just weeks to go before the Iowa caucuses, the experiment is now in tatters.
GOP Voter-Fraud Crackdown Overwhelmingly Targets Minorities, Democrats
MSN – Justin Jouvenal (Washington Post) | Published: 12/20/2023
As Donald Trump falsely claimed the 2020 presidential election was stolen from him, Republicans in some states launched special units to prosecute voter fraud as part of a controversial push to stamp out cheating some claimed was rampant. But the election integrity units obtained only 47 convictions during a period in which tens of millions of votes were cast, and the units overwhelmingly targeted minorities and Democrats for prosecution, according to an analysis by The Washington Post.
Venezuela Hands over ‘Fat Leonard,’ Mastermind in U.S. Navy Scandal
MSN – Samantha Schmidt, Ana Vanessa Herrero, and Craig Whitlock (Washington Post) | Published: 12/20/2023
Leonard Glenn Francis, the fugitive defense contractor who admitted to a $35 million bribery scheme in the largest corruption scandal in U.S. military history, was arrested and returned by Venezuela to the United States as part of a major prisoner swap between the estranged countries. Francis, known as “Fat Leonard,” was apprehended by Venezuelan authorities in Caracas last year after escaping U.S. sentencing.
Feds Charge Ex-Miami Congressman Rivera Anew with Breaking Income Tax Laws in Venezuela Case
MSN – Jay Weaver (Miami Herald) | Published: 12/19/2023
A year after being charged with working as an unofficial agent for the Venezuelan government, former U.S. Rep. David Rivera is now accused of failing to report hundreds of thousands of dollars in income and diverting some of that money through a campaign account to himself. The charges were added to an original indictment that charges Rivera with acting as an agent for Venezuela without legally registering wit for a lobbying job that paid him $20 million before he was fired.
A ‘Delicate Matter’: Clarence Thomas’ private complaints about money sparked fears he would resign
ProPublica – Justin Elliot, Joshua Kaplan, Alex Mierjeski, and Brett Murphy | Published: 12/18/2023
In January 2000, Justice Clarence Thomas gave a speech at an off-the-record conservative conference. He was seated next to a Republican member of Congress on the flight home. The lawmaker left the conversation worried Thomas might resign. Congress should give Supreme Court justices a pay raise, Thomas told him – if lawmakers did not act, “one or more justices will leave soon.” Documents and interviews offer insight into how Thomas was talking about his finances in a crucial period in his tenure, just as he was developing his relationships with a set of wealthy benefactors.
Material From Russia Investigation Went Missing as Trump Left Office
Seattle Times – Maggie Haberman, Julian Barnes, Charlie Savage, and Jonathan Swan (New York Times) | Published: 12/15/2023
Material from a binder with highly classified information connected to the investigation into Russian efforts to meddle in the 2016 election disappeared in the final days of Donald Trump’s presidency, two people familiar with the matter said. The disappearance of the material, known as the “Crossfire Hurricane” binder for the name given to the investigation by the FBI, vexed national security officials and set off concerns that sensitive information could be inappropriately shared.
House Dysfunction by the Numbers: 724 votes, only 27 laws enacted
Yahoo News – Annie Karni (New York Times) | Published: 12/19/2023
In 2023, the Republican-led U.S. House has passed only 27 bills that became law, despite holding a total of 724 votes. That is more voting and less lawmaking than at any other time in the last decade. The numbers reflect the challenges that have plagued Republicans and are likely to continue, and maybe even get worse, in 2024.
Judge Orders Rep. Scott Perry to Disclose 1,600 Messages to Federal Prosecutors
Yahoo News – Kyle Cheney (Politico) | Published: 12/19/2023
A judge ruled U.S. Rep. Scott Perry must disclose to federal prosecutors more than 1,600 emails, text messages, and other communications related to the investigation into Donald Trump and his allies’ bid to subvert the 2020 election. District Court Judge James Boasberg concluded that the vast majority of the messages Perry exchanged, some with other members of Congress, some with members of the Trump administration, and some with allies outside of government, could not be shielded from prosecutors by Perry’s constitutional protections as a member of Congress.
From the States and Municipalities
Arizona – Dem Lawmaker Sun Goes Before Ethics Committee for Intimidation, Alleged Death Threat
Arizona Mirror – Gloria Rebecca Gomez | Published: 12/19/2023
A school superintendent, a trio of Tolleson city officials, and a social worker are accusing Arizona Rep. Leezah Sun of using her position to intimidate and harass them – in one case, even going so far as making a death threat – but she maintains the allegations are false and overblown. The House Ethics Committee considered a bevy of allegations made against Sun and whether her behavior meets the Legislature’s threshold for disorderly conduct of one of its members.
California – Independent Governance Reform Group Calls for Stronger Ethics Commission
MSN – Caroline Petrow-Cohen (Los Angeles Times) | Published: 12/14/2023
After three years marked by scandal in City Hall, an independent government reform group is recommending a larger and more powerful Los Angeles Ethics Commission. The newly imagined commission would have seven members instead of five and would have the authority to approve city council ethics legislation. They also would be able to place proposed policy changes directly on the ballot with a supermajority vote. The revamp is part of a larger set of recommendations put forth by the Los Angeles Governance Reform Project.
California – Orange Becomes the Latest City in OC to Strengthen Lobbyist Rules
Voice of OC – Hosam Elattar | Published: 12/19/2023
Orange County’s largest public corruption scandal in recent history is leading some city officials in the county to tighten regulations and try to create more transparency surrounding lobbyists. Officials in the city of Orange voted to finalize an ordinance that would require lobbyists to register and publicly disclose their activities in the city.
California – Can an Ethics Officer Restore Trust in Anaheim After the FBI Corruption Scandal?
Voice of OC – Spencer Custodio | Published: 12/14/2023
Elected officials in Anaheim are slated to create an ethics officer position to oversee campaign finance laws, public records requests, and a host of other good government practices in the wake of Orange County’s public corruption scandal. City council members are also expected to discuss reforming the city’s campaign finance laws next year.
California – Fresno Councilmember Under Scrutiny for Private Jet Travel with Executive
Yahoo News – Tim Sheehan (Fresno Bee) | Published: 12/18/2023
Fresno City Councilmember Miguel Arias is under investigation by the California Fair Political Practices Commission following an anonymous complaint over a private flight he accepted from a commercial trash contractor who does business with the city. Arias said he reimbursed Joseph Kalpakoff, president of Mid Valley Disposal, for the full cost of the flight. Arias acknowledged the reimbursement was delayed by more than the statutory 30 days in state law.
Colorado – Trump Disqualified from Colorado’s 2024 Primary Ballot by State Supreme Court
MSN – Patrick Marley and Azi Paybarah (Washington Post) | Published: 12/19/2023
In a historic decision, the Colorado Supreme Court barred Donald Trump from running in the state’s presidential primary after determining he had engaged in insurrection on January 6, 2021. The ruling marked the first time a court has kept a presidential candidate off the ballot under an 1868 provision of the Constitution that prevents insurrectionists from holding office. If other states reach the same conclusion, Trump would have a difficult, if not impossible, time securing the Republican nomination and winning in November.
Florida – ‘You Can’t Morally Lead’: Florida Republicans strip party chair of power
MSN – Kimberly Leonard (Politico) | Published: 12/14/2023
The Republican Party of Florida voted to strip Chairperson Christian Ziegler of his power, reduce his salary to one dollar, and begin a three-week countdown to formally oust him from his position. Police are investigating Ziegler after a woman accused him of rape. His refusal to step down has forced party members to deal with an ongoing embarrassment ahead of the 2024 elections.
Florida – Absentee Mayor: Miami’s Francis Suarez blurs line between public duty, pursuit of wealth
Yahoo News – Sarah Blaskey, Joey Flechas, Tess Riski, and Susan Merriam (Miami Herald) | Published: 12/18/2023
Mayor Francis Suarez spent at least 85 days outside Miami in 2022, including about half those days abroad, primarily in the Middle East. He is on track to be out of town just as much in 2023. He will not give any specifics about what he has been doing in the Middle East. His penchant for secrecy, including not naming his legal clients, makes it nearly impossible to identify potential conflicts-of-interest between Suarez’s public office and his much more lucrative private business endeavors.
Georgia – Rudy Giuliani Ordered to Pay $148 Million for False 2020 Election Claims
MSN – Spencer Hsu, Tom Jackman, Rachel Weiner, and Olivia Diaz (Washington Post) | Published: 12/15/2023
A jury awarded $148 million in damages to two former Georgia election workers who sued Rudy Giuliani for defamation over lies he spread about them in 2020 that upended their lives with racist threats and harassment. The verdict came in a defamation lawsuit filed against Giuliani by election workers Ruby Freeman and Wandrea ArShaye “Shaye” Moss, whom Donald Trump and others on the former president’s campaign and legal teams falsely accused of manipulating the absentee ballot count in Atlanta.
Georgia – Appeals Court Shoots Down Mark Meadows’ Bid to Derail Georgia Racketeering Case
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 12/18/2023
A federal appeals court denied Mark Meadows’ bid has to move his Georgia-based criminal charges into federal court, rejecting a procedural gambit that could have derailed the state’s election-related charges against not only Meadows but also Donald Trump. Meadows could appeal the ruling to the Supreme Court. But for now, the ruling from a three-judge panel of the 11th Circuit Court of Appeals keeps on track Fulton County District Attorney Fani Willis’ racketeering prosecution of Trump, Meadows, and a dozen other allies for efforts connected to the bid to subvert the 2020 election.
Indiana – Supreme Court to Review Former Indiana Mayor’s Corruption Appeal
Bloomberg Law News – Lydia Wheeler | Published: 12/13/2023
The U.S. Supreme Court will hear an appeal from former Portage Mayor James Snyder, who was convicted of bribery for accepting money from a government contractor for what he said were “consulting services.” Federal prosecutors say Snyder successfully steered two contracts for town garbage trucks worth $1.125 million to a trucking company in return for $13,000.
Kansas – A Lawsuit by Latinos in Kansas Claims Their City’s Election Method Is Unfair
MSN – Silvia Foster-Frau (Washington Post) | Published: 12/19/2023
Known for its cowboy culture and as a symbol of the Western frontier, Dodge City, Kansas, an emblem of an older, Whiter America, is now 65 percent Latino. Despite its changing demographics, the city commission – the local body in charge of enacting policies that affect its residents most directly – remains nearly all White. Every commissioner is elected city-wide rather than by just one district. Experts who study representation have found at-large election systems have frequently diluted the minority vote in towns and cities with significant non-White populations across the country.
Kansas – Kansas Supreme Court Rules Against Kris Kobach and Scott Schwab in Election Law Case
MSN – Jason Alatidd (Topeka Capital Journal) | Published: 12/15/2023
The Kansas Supreme Court sided with voter advocacy groups in a lawsuit against Secretary of State Scott Schwab and Attorney General Kris Kobach challenging the legality of an election law enacted by the Republican-controlled Legislature over the veto of Gov. Laura Kelly. The matter was one of two argued before the Supreme Court this year stemming from the same case. The ruling addressed the dispute over a provision of House Bill 2183 that makes it a felony crime to impersonate an election official.
Kentucky – Kentucky Supreme Court Upholds Congressional Boundaries Passed by GOP-Led Legislature
ABC News – Bruce Scheiner (Associated Press) | Published: 12/14/2023
The Kentucky Supreme Court upheld Republican-drawn boundaries for state House and congressional districts, rejecting Democratic claims the majority party’s mapmaking amounted to gerrymandering in violation of the state constitution. The court noted an alternative proposal would have resulted in nearly the same lopsided advantage for Republicans in House elections and would not have altered the GOP’s advantage in U.S. House seats from the state.
Michigan – Appeals Panel Won’t Block Trump from Michigan’s Presidential Primary Ballot
Detroit News – Beth LeBlanc | Published: 12/14/2023
The Michigan Court of Appeals will not block Donald Trump from the state’s presidential primary ballot, ruling the issue is not ripe for a decision from a three-judge panel. The decision upheld lower court rulings that found arguments Trump should be disqualified from the ballot under the Insurrection Clause were not yet relevant ahead of Michigan’s February 27 presidential primary. Opponents seeking to oust Trump from the ballot had asked judges to order Secretary of State Jocelyn Benson to determine Trump’s eligibility.
Minnesota – Judge Halts Minnesota Law Barring Donations by Businesses with Level of Foreign Investors
Minnesota Public Radio – Brian Bakst | Published: 12/20/2023
A federal judge halted a Minnesota campaign finance law that aimed to curtail political donations from corporations with at least some degree of foreign ownership. The Minnesota Chamber of Commerce won an injunction while a lawsuit filed in July proceeds. U.S. District Court Judge Eric Tostrud said the law could squelch speech and is therefore counter to the First Amendment. His ruling also said lawmakers failed to show how contributions or independent spending by companies with foreign shareholders results in undue influence.
Missouri – In a Statehouse Short on Space, Missouri Speaker Converted an Office into a Liquor ‘Pantry’
Missouri Independent – Jason Hancock | Published: 12/20/2023
Room 306B is not the biggest office in the space-starved Missouri statehouse, where staff often work out of tiny, windowless rooms. But it has direct access to the House Lounge, where conference committees, leadership meetings, and press conferences are often held. Speaker Dean Plocher took over that space and converted it into what has been jokingly referred to as his “butler’s pantry,” a makeshift storage room stocked with liquor, beer, wine, and soda to complement the supply in his separate office.
New Mexico – Ethics Commission Affirms State Treasurer Laura Montoya Violated Campaign Finance Law
MSN – Daniel Chacón (Santa Fe New Mexican) | Published: 12/20/2023
The State Ethics Commission upheld a hearing officer’s decision finding New Mexico Treasurer Laura Montoya violated campaign finance reporting laws by accepting $10,000 in concealed contributions. An investigation revealed Montoya received the money from a real estate developer through a PAC that acted as a conduit and then failed to report the true source of the donation.
New Mexico – Ethics Board Advances Search for Online Critic ‘Jay Baker’
Santa Fe New Mexican – Carina Julig | Published: 12/14/2023
The Ethics and Campaign Review Board ruled a complaint filed by incoming city council member Pilar Faulkner against an online critic known as “Jay Baker” could move forward but two other complaints filed after the recent election could not. Jay Baker is an anonymous Facebook poster who is a frequent critic of Mayor Alan Webber’s administration. In her complaint, Faulkner alleges the poster paid for digital ads without including identifying information required under city law.
New York – State Ethics Panel in Limbo as It Appeals Ruling It’s Unconstitutional
Albany Times Union – Brendan Lyons | Published: 12/18/2023
The ability of New York’s ethics panel to investigate complaints and impose penalties remains in limbo after a state Supreme Court justice issued a stay on the commission’s request to continue performing its ministerial duties as it awaits an appellate court’s review of whether its structure violates the state constitution. State Supreme Court Justice Thomas Marcelle determined the commission was formed and assigned enforcement powers in violation of the constitution, in part, because it was not done through a constitutional amendment that would have required a vote “of the people.”
New York – After 40 Witnesses and 43 Days of Testimony, Here’s What We Learned at Trump’s Civil Fraud Trial
MSN – Michael Sisak and Jennifer Pelz (Associated Press) | Published: 12/15/2023
New York Attorney General Letitia James has accused Donald Trump of inflating his wealth on financial statements used to secure loans and make deals. Closing arguments are scheduled for early January. The judge has already ruled Trump is liable for making fraudulent statements, but other claims and a potential final penalty still need to be decided. The trial offered fresh insight into Trump’s finances and gave a glimpse of Trump’s political and legal strategies as his court and campaign calendars increasingly overlap.
Oklahoma – Oklahoma Rural Water Association PAC Turns Itself in for Ethics Violations
KOSU – Graycen Wheeler | Published: 12/19/2023
In 2015, the Oklahoma Rural Water Association (ORWA) formed a PAC to accept donations and support candidates. The PAC broke state rules about political contributions and recordkeeping. It agreed to pay $12,000 to Oklahoma’s general revenue fund before dissolving its assets, getting rid of its funds, and shutting down.
Oklahoma – Ethics Commission Retains Attorney Ahead of ‘Nightmare’ Guardian System Scenario
NonDoc – Michael McNutt | Published: 12/15/2023
With the plug possibly being pulled on the public website for state-level campaigns and lobbyist reporting in the middle of the 2024 election cycle, the Oklahoma Ethics Commission authorized its executive director to retain an attorney to file a claim in a contractual dispute with the system’s vendor. Representatives from Civix, a public software and services firm, notified the Ethics Commission in July that the software used to operate The Guardian System would no longer be updated after July 1, 2024.
Oregon – Portland’s Campaign Finance Program Scales Back Ahead of 2024 Election
OPB – Alex Zielinski | Published: 12/19/2023
Portland’s public campaign financing program does not have enough money to operate at full capacity ahead of the 2024 election. For some candidates, this means losing hundreds of thousands of anticipated dollars to run their campaigns. The city’s Small Donor Election program works to help candidates who lack wealthy donors by rewarding those who pledge to only accept individual campaign contributions under $250.
South Carolina – Nancy Mace Racked Up Nearly $17K in Fines as a State Rep. She Will Only Pay a Fraction of It.
Charleston Post and Courier – Nick Reynolds | Published: 12/14/2023
In the years after leaving the South Carolina House, U.S. Rep. Nancy Mace amassed thousands of dollars in unpaid ethics fines due to an old campaign account she never closed. With $16,700 in unpaid fines as of March 2023, Mace was one of the largest delinquent accounts the House Ethics Committee had on its books. Mace finally closed the account on December 12. And after years of trying, the Ethics Committee might finally collect on those fines. It will just be a lot less than they were owed.
South Dakota – New Briefs Details South Dakota Officials’ Questions About Conflict of Interest Clause
Yahoo News – Annie Todd (Sioux Falls Argus Leader) | Published: 12/14/2023
The South Dakota governor, attorney general, and Legislature sent briefs to the state Supreme Court so the justices can issue clearer guidance on the state constitution’s contract clause. Gov. Kristi Noem had requested the Supreme Court issue an advisory opinion back in October. The request came after former Sen. Jessica Castleberry resigned following an investigation that found she had improperly received COVID-19 federal stimulus loans for her daycare business, violating the state constitution.
Tennessee – Tennessee Legislature’s Harassment Policy So Far Unchanged Since Lawmaker Resignation
Yahoo News – Vivian Jones (Tennessean) | Published: 12/20/2023
No changes have been made to the Tennessee Legislature’s workplace harassment policy after a lawmaker faced no known consequences from Republican leadership following an ethics panel finding he harassed a 19-year-old intern last year. Former Rep. Scotty Campbell maintained his elected seat, committee assignments, office and staff, and his leadership position as vice chair of the House Republican Caucus until mounting public pressure led him to suddenly resign.
West Virginia – W.Va. Governor’s Efforts to Save Coal Plant Raise Conflict-of-Interest Concerns
E&E News – Scott Waldman | Published: 12/20/2023
West Virginia Gov. Jim Justice went to unusual lengths four years ago to save a single coal-burning power plant. Now that he is running for the U.S. Senate, his efforts to rescue that plant are coming under new scrutiny as he tries to step onto the national stage. Justice leaned on state lawmakers in 2019 to pass an annual $12.5 million tax break for the plant, which was owned by a subsidiary of FirstEnergy. At the time, FirstEnergy was suing a Justice family coal company for $3.1 million over a contract dispute.
December 15, 2023 •
News You Can Use Digest – December 15, 2023
National/Federal Kevin McCarthy Uses PAC to Lavish Cash on High-End Resorts, Private Jets and Fine Dining MSN – Paul Pringle and Adam Elmahrek (Los Angeles Times) | Published: 12/7/2023 As her exits Congress two months after his historic ouster as House speaker, […]
National/Federal
Kevin McCarthy Uses PAC to Lavish Cash on High-End Resorts, Private Jets and Fine Dining
MSN – Paul Pringle and Adam Elmahrek (Los Angeles Times) | Published: 12/7/2023
As her exits Congress two months after his historic ouster as House speaker, political obituaries tout Kevin McCarthy’s skills as a prolific fundraiser on behalf of Republican candidates. Also setting him apart from other congressional leaders was his roughly decade-long pattern of using his Majority Committee PAC to spend lavishly on hotels, private jets, and fine dining establishments, according to a Los Angeles Times analysis. From 2012 through last June, McCarthy’s PAC shelled out more than $1 million on hotels, private air travel, and eateries.
Trump Gag Order Reinstated but Narrowed in Jan. 6 Case
MSN – Rachel Weiner (Washington Post) | Published: 12/8/2023
A federal appeals court narrowed an order limiting what Donald Trump can say about people involved in the criminal case alleging he tried to subvert the 2020 election results, saying he cannot talk about witnesses’ involvement or single out other individuals in ways likely to interfere with the case. U.S. District Court Judge Tanya Chutkan had prohibited him from “targeting” any individuals involved in the case involved in the case. The judges said “targeting” was too broad a prohibition on Trump and could be “chilling speech” unlikely to have any impact on the case.
House Ethics Committee Requests Interview with Witness in Gaetz Probe
MSN – Paula Reid and Annie Grayer (CNN) | Published: 12/7/2023
The House ethics committee reached out to at least one witness as part of its investigation into U.S. Rep. Matt Gaetz to schedule an interview in the coming weeks, the latest sign the once dormant probe remains open. The Justice Department in February informed Gaetz’s lawyers it would not bring criminal charges against the Florida Republican after a yearslong sex-trafficking investigation. Gaetz has repeatedly denied any wrongdoing.
Dictator-for-a-Day? Scholars Say Trump Can Do Damage Without Being One.
MSN – Sarah Ellison (Washington Post) | Published: 12/11/2023
For autocracy scholars and constitutional law experts, Donald Trump’s statements about being a dictator for a day if he is elected again raised alarms that he had thought carefully about how to consolidate the levers of power should he return to office in ways that eluded him in his first four years in the White House. Scholars say even without violating the letter of the law, Trump would have access to broad powers granted to him as chief of the executive branch. He does not need to become a dictator to subvert democracy, they say: he can simply use the tools of democracy to do so.
As Advertisers Flee Musk’s X, Democrats Splurge on Political Ads
MSN – Cristiano Lima and Aaron Schaffer (Washington Post) | Published: 12/11/2023
Advertisers are fleeing Elon Musk’s X amid rising concerns the social media site and its owner are amplifying antisemitic and hateful material. But an unlikely group of holdouts has continued to pump ad dollars into the embattled platform: Democrats running for office. Democrats have spent over a million dollars to run thousands of political ads on X since the platform lifted its ban on such messages earlier this year.
Supreme Court Will Consider Fast-Tracking Trump Appeal in D.C. Trial
MSN – Devlin Barrett, Perry Stein, Robert Barnes, and Rachel Weiner (Washington Post) | Published: 12/11/2023
The U.S. Supreme Court will consider special counsel Jack Smith’s request to fast-track consideration of Donald Trump’s claim he is immune from prosecution for alleged election obstruction in 2020, intensifying the legal jockeying over whether Trump’s criminal trial will stay on schedule for early next year. The response by the Supreme Court came hours after Smith’s office filed its request seeking to essentially leapfrog an appeals court process that Trump has already started but which could take months to resolve.
DeSantis’ Campaign and Allied Super PAC Face New Concerns About Legal Conflicts, AP Sources Say
MSN – Steve Peoples and Thomas Beaumont (Associated Press) | Published: 12/12/2023
As Florida Gov. Ron DeSantis works to project strength in the Republican presidential primaries and cut into Donald Trump’s huge lead, DeSantis’s expansive political machine is facing leadership challenges, stagnant polling numbers, and new concerns about potential legal conflicts. There has been concern in recent weeks among some within DeSantis’s operation that interactions between his campaign and his network of outside groups are blurring the lines of what is legally permissible.
Still Lacking Evidence, House GOP Votes to Formalize Biden Impeachment Inquiry
MSN – Jaqueline Alemany and Matt Viser (Washington Post) | Published: 12/13/2023
House Republicans voted to formally authorize an impeachment inquiry against President Biden to strengthen their oversight powers as GOP lawmakers continue to investigate the Biden family’s finances. The foundation of the impeachment inquiry rests on an unsubstantiated allegation that has become the linchpin of conspiracy theories and false claims regarding the Biden family’s purported corrupt and criminal conduct.
A ‘Black Hole’ Exists in State Lobbying Disclosures: Report
Yahoo News – Taylor Giorno (The Hill) | Published: 12/13/2023
A report commissioned by Public Citizen found 98 percent of S&P 500 companies do not provide their investors with state-specific data on lobbying activity. Since 2010, investors have filed 576 shareholder resolutions requesting more details on how much companies spend on lobbying activities and oversight of those activities, the report found. The only S&P 500 company that disclosed material risk connected to lobbying on its annual report to investors was FirstEnergy, which was wrapped up in a recent scandal that thrust this issue into the spotlight.
Supreme Court Will Review Scope of Obstruction Law That Trump Is Charged with Breaking
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 12/13/2023
The U.S. Supreme Court agreed to take up a case that could derail hundreds of January 6 felony prosecutions and could also deal a blow to special counsel Jack Smith’s prosecution of Donald Trump. The case, arising from the prosecution of a defendant accused of pushing against police and inflaming a mob attempting to breach the Capitol, calls into question prosecutors’ handling of an Enron-era obstruction law to punish those who stormed Congress.
Kansas Republican Watkins, Ousted Amid Voter Fraud Charges, Returns to Congress as Lobbyist
Yahoo News – Daniel Desrochers (Kansas City Star) | Published: 12/11/2023
Former Rep. Steve Watkins is back in the U.S. Capitol, this time as a lobbyist. He waited more than two years after leaving office before registering as a lobbyist. Watkins entered a diversion agreement on three felony charges for voting in the wrong city council race in Topeka’s 2019 municipal election. A little less than a year after admitting guilt, Watkins registered a company called Huxley Rock LLC. Huxley Rock is a one-man firm. Watkins’ LinkedIn page says it specializes in business and political consulting.
From the States and Municipalities
Alaska – Alaska Campaign Watchdog Rules Anti-Ranked Choice Group Can Continue Gathering Signatures
Yahoo News – Iris Samuels (Anchorage Daily News) | Published: 12/7/2023
An anti-ranked choice voting ballot group will be allowed to continue operating with no immediate consequences for alleged campaign finance violations after a decision by the Alaska Public Offices Commission. The commission considered whether to expedite the adjudication of a complaint alleging the ballot group was helped by an Anchorage church, in violation of the law, as the group works to repeal Alaska’s voting system. By the time the commission rules on whether the law was violated, the group’s work will be done.
Arizona – Phoenix Approves Ethics Commission After 6 Years and on the Fourth Attempt
MSN – Sam Kmack (Arizona Republic) | Published: 12/13/2023
The Phoenix City Council approved the creation of ethics commission after spending six years trying and failing to convene the group, which will now independently investigate complaints of ethical violations against elected officials and other city leaders. Such groups exist in almost every other sizable city in the country, said Phoenix Mayor Kate Gallego. But since 2017, Phoenix has struggled to put the commission together thanks to consistent objections from officials on both sides of the isle.
Arizona – Arizona GOP Leaders Sued to Stop ‘Dark Money’ Transparency. A Judge Will Rule by Year’s End
Yahoo News – Mary Joe Pitzl (Arizona Republic) | Published: 12/13/2023
A judge said he will rule by December 29 in a case challenging the constitutionality of a voter-approved law on campaign finance transparency. Attorneys representing Republican legislative leaders are asking Maricopa County Superior Court Judge Timothy Ryan to issue a preliminary injunction to block the law. It requires disclosure of major donors to campaigns that until now has been able to mask their contributors by creating a class of nonprofit organizations that do not have to name their donors.
California – How Well Is Your Legislator Representing You?
CalMatters – Sameea Kamal | Published: 12/10/2023
Despite the hundreds of laws that legislators pass each year, many Californians are not always aware of what their representatives do, or how their decisions impact their lives. Their job description is modeled after what federal lawmakers do, in response to specific needs, or based on how legislators interpret the principles of representation. Given the lack of strict requirement, how do we measure how well a lawmaker is performing?
Colorado Public Radio – John Daley | Published: 12/13/2023
Denver updated its application for those who want to sit on one of the city’s 130 boards and commissions. The application now includes questions that ask applicants if they are a registered lobbyist and if they would have a conflict-of-interest in their new position. The change was a request from the city council to add transparency after some members thought there was not enough when the former mayor appointed a lobbyist whose clients included a tobacco company to the board of Denver Health.
Florida – DeSantis Staffers Blocked Release of Travel Records, Whistleblower Says
MSN – Beth Reinhard (Washington Post) | Published: 12/13/2023
During a meeting, Florida Department of Law Enforcement (FDLE) officials said some of Gov. Ron DeSantis’s travel records should be released, but the governor’s aides overruled them, citing a new state law that restricts access to those records. The dispute escalated into a major battle over the law limiting disclosure of DeSantis’s travel activities and information about his state taxpayer-funded security detail as he crisscrosses the country seeking the Republican presidential nomination. The FDLE is tasked with protecting and transporting the governor and maintaining his travel records.
Florida – A Report Rips Disney for Freebies to Its Local Board. It Omits Gifts to Top Florida Politicians.
NBC News – Noah Pransky and Alec Hernández | Published: 12/7/2023
A war of words – and regulations – escalated when a board, hand-picked by Florida Gov. Ron DeSantis, endorsed an audit alleging Disney World for decades used free park perks to improperly influence public officials and employees tasked with the oversight of the park. The audit claimed Disney gave complimentary annual passes and steep discounts to the public employees, calling the perks “akin to bribes.”
Florida – Howland Files Legislation for Certain No-Bid Contracts to Go Through Jacksonville City Council
Yahoo News – Hanna Holthaus (Florida Times-Union) | Published: 12/11/2023
New legislation could bring an end to no-bid lobbying contracts in Jacksonville city government. The city council’s finance committee criticized the $300,000 federal grant writing and lobbying contract to Langton Consulting, owned by Mayor Donna Deegan supporters, because the administration offered it directly without shopping for other bids. Committee Chairperson Nick Howland asked the administration to drop the contract and filed a bill to require all future state and federal lobbying and grant writing contracts to be approved by city council.
Georgia – Georgia Libertarians Fight Two-Party Campaign Finance Law at 11th Circuit
Courthouse News Service – Kayla Goggin | Published: 12/13/2023
An appeals court will decide whether to give the Libertarian Party of Georgia another chance at pursuing its challenge to a campaign finance law that allows some candidates to accept unlimited campaign contributions, a fundraising advantage the party says benefits Republican and Democratic hopefuls over third-party contenders. The lawsuit claims the act unfairly allows Republican and Democratic candidates to create special leadership committees to accept campaign contributions over the typical limits.
Georgia – Giuliani Could Pay Millions as Ga. Election Worker Defamation Trial Starts
MSN – Spencer Hsu and Rachel Weiner (Washington Post) | Published: 12/10/2023
Former Trump attorney Rudy Giuliani could be on the hook for up to $43.5 million in damages as a defamation lawsuit filed against him by two Georgia election workers goes to trial. The showdown between the financially strapped Giuliani and the two temporary poll workers he baselessly accused of ballot tampering in 2020 will highlight a major court battle over false claims that became central to former President Trump’s efforts to stay in power and is now at the heart of two criminal cases against him.
Illinois – Four Years Later, City Council Finally Poised to Extend Lobbyist Requirements to Nonprofits
Chicago Sun-Times – Fran Spielman | Published: 12/11/2023
Chicago is finally getting around to broadening the definition of registered lobbyists to include nonprofits, but only after softening the blow to avoid tying their hands with costly red tape. The city council’s Committee on Ethics and Government Oversight passed a revised ordinance that calls for Chicago to join New York, Los Angeles, San Francisco, and Philadelphia in requiring nonprofit lobbyists to register and file regular reports with the Board of Ethics.
Illinois – Board of Ethics Finds Probable Cause Four Lobbyists Improperly Donated to Johnson
MSN – A.D. Quig (Chicago Tribune) | Published: 12/13/2023
The Chicago Board of Ethics found two registered lobbyists appeared to violate an executive order by giving money to Mayor Brandon Johnson. The violations do not carry a penalty for the mayor but could mean those lobbyists lose their ability to work at City Hall. Former Mayor Rahm Emanuel in 2011 signed the orders barring donations from city contractors and lobbyists, which will remain in place until a future mayor rescinds them.
Iowa – Iowa Lawmaker Calls for Gov. Kim Reynolds to Remove Satanic Display from Capitol
MSN – Victoria Reyna-Rodriguez and Noelle Alviz-Gransee (Des Moines Register) | Published: 12/11/2023
A satanic display placed in the Iowa Capitol is unconstitutional, said Rep. Brad Sherman, who is calling on Gov. Kim Reynolds to order its removal. But other Republican legislators say they would oppose the government limiting freedom of speech in reaction to the display, which will be in place for a total of two weeks.
Maine – Anti-Super PAC Campaign Says They Have Enough Signatures to Get on the Maine Ballot
Maine Beacon – Dan Neuman | Published: 12/7/2023
A ballot campaign led by activist Lawrence Lessig to limit contributions to super PACs says it has collected enough signatures to qualify for the Maine ballot in 2024. Super PACs differ from traditional PACs in that they give corporations the ability to make unlimited contributions. Maine Citizens to End Super PACs, the group behind the ballot question, argues that if successful, the initiative would cap donations to super PACs at $5,000, all but eliminating their effectiveness.
Maine – Maine Media Groups, Utilities Challenge New Law on Foreign Spending on Referendums
Portland Press Herald – Rachel Ohm | Published: 12/12/2023
Maine’s two largest power companies and groups representing media outlets filed separate federal lawsuits challenging a state law passed by voters in November to ban foreign governments and affiliated organizations from spending money on state and local referendum campaigns. The measure is largely a response to foreign government spending in the referendum campaign two years ago over the future of a planned electricity corridor in western Maine.
Massachusetts – Brookline School Officials Violated Massachusetts Campaign Finance Laws by Sending Emails About Tax Increases
MSN – James Vaznis (Boston Globe) | Published: 12/9/2023
Tucked inside various newsletters to parents in Brookline last spring were appeals from school administrators to support property tax hikes at the ballot box for the school budget, accompanied by warnings about devastating cuts if the votes failed. Brookline officials got their way at the ballot box, but repeatedly broke the state’s campaign finance law by sending out the emails to influence the vote, according to an investigation by the Massachusetts Office of Campaign and Political Finance.
Michigan – Records: Michigan senator helped steer $25M Clare grant now under investigation
Bridge Michigan – Jonathan Oosting and Mike Wilkinson | Published: 12/13/2023
A state senator and a lobbyist intervened to help a former legislative staffer obtain a $25 million grant that is now under investigation by Michigan Attorney General Dana Nessel for possible prosecution. Records shed new light on how a no-bid contract was awarded to a nonprofit created and run by Dave Coker, who once worked for them-House Speaker Jason Wentworth. State Sen. Rick Outman acknowledged he phoned state health officials on behalf of the project, but maintained he had no idea that Coker would benefit.
Michigan – Whitmer Signs Bills Criminalizing Election Official Intimidation, Curbing AI in Campaigns
Detroit News – Beth LeBlanc | Published: 11/30/2023
Michigan Gov. Gretchen Whitmer signed nearly 20 bills that will create penalties for intimidating an election worker, solidify the process for presidential electors, change the way young people register to vote, and put restrictions on the use of artificial intelligence in campaign ads. Bill sponsors described the legislation as a way to button up state laws in the wake of controversy over the 2020 presidential election.
Michigan – Whitmer Signs Bills Implementing Proposal 1
MSN – Clara Hendrickson (Detroit Free Press) | Published: 12/9/2023
Michigan Gov. Gretchen Whitmer signed bills implementing requirements for top state officials and lawmakers to report information about their finances after voters approved a constitutional amendment mandating the disclosures. The bills go beyond Proposal 1, subjecting candidates for office to financial reporting requirements, for instance. But they do not go as far as some Democratic lawmakers and transparency advocates had hoped.
Nevada – Lombardo Spurned Ethics Commissioner’s Reapplication Ahead of Major Vote, Emails Show
Nevada Independent – Tabitha Mueller | Published: 12/13/2023
Days before a Nevada Commission on Ethics on a potential $1.6 million fine for using his sheriff’s badge and uniform during his 2022 campaign for governor, Gov. Joe Lombardo appointed two new members to the eight-member board, both of whom later voted against fining or censuring the governor. Emails indicate Lombardo made the new appointments despite a former Republican commissioner expressing interest in serving another term.
New Jersey – Judge Throws Out Suit That Tried to Block Changes to NJ Campaign Finance Law
Yahoo News – Ashley Balcerzak (Bergen Record) | Published: 12/11/2023
A state judge dismissed a lawsuit that the former leader of New Jersey’s campaign finance watchdog agency filed against Gov. Phil Murphy seeking to overturn a controversial new law revamping campaign finance rules. It was the second of two lawsuits filed by Jeff Brindle, the former executive director of the Election Law Enforcement Commission. The judge dismissed the case with prejudice, meaning Brindle cannot file the same lawsuit again.
New York – Hochul Vetoes Lobbying Loophole Bill After Chief Judge Battle
Albany Times Union – Joshua Solomon | Published: 12/10/2023
New York Gov. Kathy Hochul vetoed bipartisan legislation intended to close a loophole in lobbying laws that was exposed during a political battle over her initial, and failed, nomination of a new chief judge of the Court of Appeals. The efforts to influence the selection of the state’s top judge had centered on Hochul’s efforts to install Justice Hector LaSalle as the top jurist on the state’s highest court. The nomination triggered well-funded efforts to influence the Legislature’s decision on LaSalle’s appointment, revealing a gap in state law that allows unregistered lobbying in judicial nominations and other top state offices.
New York – New York High Court Allows State Democrats Chance to Alter Congressional Maps
MSN – Maegan Vazquez and Azi Paybarah (Washington Post) | Published: 12/12/2023
The New York State Court of Appeals granted Democrats who control the state Legislature a chance to approve a new set of congressional district lines, effectively throwing out a map that led to several Republican victories in 2022 House races. The ruling could be consequential in determining which party controls the House during the next Congress. In 2022, Republicans flipped four districts in New York, giving them a razor-thin majority in the House.
New York – Appeals Court Denies Trump’s ‘Presidential Immunity’ Argument in Defamation Lawsuit
MSN – Philip Marcelo (Associated Press) | Published: 12/13/2023
A federal appeals court ruled Donald Trump gave up his right to argue presidential immunity protects him from being held liable for statements he made in 2019 when he denied he raped advice columnist E. Jean Carroll. A three-judge panel upheld a lower court’s ruling that Trump had effectively waived the immunity defense by not raising it when Carroll first filed a defamation lawsuit against him four years ago.
Oklahoma – Okla. Ethics Commission Names New Executive Director
NonDoc – Michael McNutt | Published: 12/7/2023
Lee Anne Bruce Boone was named as the new executive director of the Oklahoma Ethics Commission. She will start her duties on January 4, succeeding Ashley Kemp. Commission Chairperson Jarred Brejcha said Boone’s leadership skills stood out among the 14 applicants for the post. All the applicants were from Oklahoma.
Oregon – ‘Thank God They Walked Out’: Oregon’s partisan divide highlights heightened animosity in statehouses
Yahoo News – Paul Demko (Politico) | Published: 12/13/2023
Ten Oregon Republican state senators may face the end of their legislative careers for a six-week legislative walkout aimed at thwarting what they see as a radical Democratic agenda. The lawmakers are banned from running for reelection for accumulating at least 10 unexcused absences during this year’s legislative session. It is arguably the most glaring example of how Washington’s toxic partisan culture is increasingly infecting statehouses across the country.
Pennsylvania – The Philly Ethics Board Dropped Its Case Against the ‘Super PAC’ That Backed Mayoral Candidate Jeff Brown
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 12/11/2023
The Philadelphia Board of Ethics dropped its lawsuit against the super PAC that supported Jeff Brown’s unsuccessful run for mayor, ending a legal saga that shook up the election and contributed to Brown’s fifth-place finish in the Democratic primary. The board announced it will instead focus on revising the campaign finance regulations that were at the center of the dispute.
Texas – Supreme Court Allows Texas Voting Map Challenged by Civil Rights Advocates
MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 12/12/2023
The U.S. Supreme Court allowed a local Texas election to go forward under a map that a lower court had found diluted the votes of Black and Latino residents. The order came in response to a challenge from civil rights advocates opposed to the voting districts in Galveston County. While the case involves the boundaries in just one locality, it could have broader implications for challenges to election maps and the protection of voting rights nationwide.
Washington – WA GOP Fights Secretary of State’s Effort to Track Election Misinformation
Seattle Times – Jim Brunner | Published: 12/11/2023
An effort by Washington Secretary of State Steve Hobbs to track and refute viral online misinformation about elections has prompted objections from the state Republican Party. The state GOP recently filed a formal complaint with the Executive Ethics Board, accusing Hobbs of violating the constitution and his oath of office by hiring a firm to scour social media for harmful “narratives and threats” about Washington elections officials and voting.
December 8, 2023 •
News You Can Use Digest – December 8, 2023
National/Federal George Santos Reveals One Truth: It’s easy to abuse campaign finance laws DNyuz – Rebecca Davis O’Brien (New York Times) | Published: 12/2/2023 Perhaps no federal officeholder in modern American history has been accused of ignoring, testing, or breaking as many […]
National/Federal
George Santos Reveals One Truth: It’s easy to abuse campaign finance laws
DNyuz – Rebecca Davis O’Brien (New York Times) | Published: 12/2/2023
Perhaps no federal officeholder in modern American history has been accused of ignoring, testing, or breaking as many aspects of campaign finance law so flagrantly, in such a short span of time, as George Santos has. But his case, while sensational, illustrates the weaknesses of the system, and its potential for abuse. The system, which largely relies on campaigns and political committees to self-report thousands of donations, expenditures, loans, and refunds, has been left wide open for anyone willing to mislead, experts said.
Doug Burgum Suspends Long-Shot Presidential Campaign
MSN – Meryl Kornfield (Washington Post) | Published: 12/4/2023
Long-shot Republican presidential candidate and North Dakota Gov. Doug Burgum suspended his campaign after failing to gain momentum with voters in a crowded primary field. Burgum pitched himself as a job creator uniquely qualified to build the economy and bridge connections between small towns and big cities, but that platform never found traction with a base that has favored Donald Trump as Burgum mostly avoided attacking the front-runner.
Special Counsel Alleges Trump ‘Sent’ Supporters on Path to Jan. 6 Violence
MSN – Spencer Hsu and Devlin Barrett (Washington Post) | Published: 12/5/2023
Federal prosecutors accused Donald Trump of a pattern of lying about elections and encouraging violence, saying he “sent” supporters to the Capitol on January 6, 2021, to criminally block the election results. Prosecutors working for special counsel Jack Smith went further than they did in their indictment in attempting to tie Trump to the riot. They said at Trump’s criminal trial they intend to introduce evidence of his acts before the 2020 election, and his subsequent alleged threats, to establish his motive, intent, and preparation for attempting to subvert Joe Biden’s election victory.
MSN – Riley Beggin and John Fritze (USA Today) | Published: 11/30/2023
Democrats on the Senate Judiciary Committee voted to subpoena a wealthy donor and a legal activist with ties to conservative U.S. Supreme Court justices after partisan bickering ended with Republicans storming out of the hearing as the final vote was tallied. Democrats requested details of gifts, transportation, lodging, travel, and private club access provided to justices by billionaire Harlan Crow that appear to have been tied in some cases to conservative legal activist Leonard Leo.
House Expels New York Rep. George Santos. It’s Just the Sixth Expulsion in the Chamber’s History
MSN – Kevin Frekking (Associated Press) | Published: 12/1/2023
The U.S. House voted to expel Rep. George Santos after a critical ethics report on his conduct that accused him of converting campaign donations for his own use. He was just the sixth member in the chamber’s history to be ousted by colleagues. The first-term lawmaker initially was celebrated as an up-and-comer after he flipped a district from Democrats last year and helped Republicans win control of the House. But soon after, troubles began.
Pro-DeSantis Super PAC Fires CEO Amid Turmoil
MSN – Michael Scherer and Hannah Knowles (Washington Post) | Published: 12/3/2023
Never Back Down, a super PAC that has overseen much of Ron DeSantis’s presidential operation, fired its chief executive officer less than two weeks after the previous chief executive resigned. It was the latest upheaval as fighting between the Florida governor’s allies has erupted into public view. The chairperson of Never Back Down, former Nevada Attorney General Adam Laxalt, also resigned.
Trump Pardoned Them. Now They’re Helping Him Return to Power.
MSN – Beth Reinhard, Manuel Roig-Franzia, and Clara Ence Morse (Washington Post) | Published: 12/2/2023
Before Donald Trump, no president used his constitutional clemency powers to free or forgive so many people who could be useful to his future political efforts. A review of Trump’s 238 clemency orders found dozens of recipients have gone on to plug his 2024 candidacy through social media and national interviews, contribute money to his front-running bid for the Republican nomination, or disseminate his false claims of voter fraud in the 2020 election.
Trump Not Immune from Criminal, Civil Liability Over Jan. 6, Judges Rule
MSN – Rachel Weiner and Spencer Hsu (Washington Post) | Published: 12/1/2023
Donald Trump has no absolute immunity from civil or criminal consequences for his attempts to stay in power following the 2020 election, two federal courts ruled, a pair of decisions that set the stage for a legal battle over presidential power probably headed to the U.S. Supreme Court. Hours after an appellate court ruled Trump could be sued by police officers over injuries they suffered during the riot, the judge overseeing his criminal case on election subversion charges ruled he had no protection from prosecution as a former president.
Rep. Kevin McCarthy, the Ousted Speaker, Announces He’s Leaving Congress
NBC News – Scott Wong and Sahil Kapur | Published: 12/6/2023
Rep. Kevin McCarthy, who this fall became the first speaker to be ousted from power in the middle of a congressional term, said he will resign from office at the end of December. His exit is a blow to his successor, Speaker Mike Johnson, and House Republicans, further cutting the already narrow GOP majority and making passing legislation in 2024 even more challenging. For McCarthy, winning the speaker’s gavel in January after a grueling floor fight marked the pinnacle of a long political career in Sacramento and Washington.
Congressional Lawmakers, Advocacy Groups Urge FEC Regulation on Deceptive AI
OpenSecrets – Harshawn Ratanpal and Jimmy Cloutier | Published: 11/30/2023
More than 50 lawmakers and 30 organizations urged the FEC to regulate the use of deceptive artificial intelligence (AI) in campaign ads in support of a petition from Public Citizen. While the Federal Election Campaign Act does not address the use of deceptive AI explicitly, federal campaign finance law does prohibit politicians and those working for them from posing as another campaign. Public Citizen has argued the provision on “fraudulent misrepresentation” should apply to AI-generated content that falsely shows a federal candidate saying or doing something they did not.
China-Backed DeSantis Donor Hires Top GOP Lobbyist, Foreign Ties Not Disclosed
Yahoo News – Ben Wieder and Theo Hockstader (Miami Herald) | Published: 12/5/2023
The lobbying registration form filed by Ballard Partners for iGas USA failed to indicate iGas is partially owned by a state-controlled Chinese company, as required by law. Under the Lobbying Disclosure Act, lobbyists are required to indicate whether any foreign entity holds at least a 20 percent stake in the company they are lobbying for. But this rule is frequently ignored by lobbyists, according to Craig Holman, the lobbyist for Public Citizen.
From the States and Municipalities
Alaska – New Complaint Alleges Anchorage Church Illegally Aided Campaign Against Ranked-Choice Voting
Anchorage Daily News – Iris Samuels | Published: 12/4/2023
Supporters of Alaska’s voting system are alleging its opponents have again violated the law in their quest to repeal the system by ballot initiative. In a third complaint filed by Alaskans for Better Elections to the state Public Offices Commission, it alleges opponents of ranked-choice voting are part of an “intentional conspiracy to violate the law” by not disclosing their funding and expenses, including the involvement of an Anchorage Christian organization called Wellspring Ministries.
Alaska – Committee Dismisses Complaints That 2 Alaska Lawmakers Committed Ethics Violations
KTOO – Andrew Kitchenman (Alaska Beacon) | Published: 12/5/2023
The body charged with policing the ethics of members of the Alaska House dismissed complaints alleging two members improperly allowed an Alaska Right to Life representative to misuse state resources. The complaints said current Rep. David Eastman and former Rep. Christopher Kurka violated the ethics law during a visit to the state Capitol by Pat Martin. The complaints alleged Martin was an “unregistered lobbyist” for Alaska Right to Life. Martin’s official title with the group is outreach and development director.
Arizona – Goldwater Says Ballot Measure Site Is ‘Resource to Educate.’ Others Disagree
MSN – Stacy Barchenger (Arizona Republic) | Published: 12/6/2023
A spokesperson for the Goldwater Institute says its new website is “a resource to educate Arizonans about the ballot initiative process.” That resource educates Arizonans not about existing ballot initiative processes, however, but about procedures that would be put in place if a majority of voters approve a question on their November ballots. The website falls into a murky area of law when it comes to backing ballot measures, one that is often sorted out through legal challenges. It also signals the sometimes behind-the-scenes and often carefully crafted push by special interests to sway public opinion in the 2024 election cycle.
Arkansas – At University of Arkansas, a State Law Stifles Pro-Palestinian Speakers
Buffalo News – Vimal Patel (New York Times) | Published: 11/22/2023
Nathan Thrall, a Jewish American writer whose work strongly supports Palestinian rights, was invited to speak to students at the University of Arkansas about a new book. But there was one catch: to be paid for his visit, Thrall was told he had to pledge, according to a 2017 state law, that he would not boycott Israel. He declined. When news broke that Thrall would not sign the pledge, Gov. Sarah Huckabee Sanders applauded the university. At college campuses around the country, students and faculty have been engulfed in bitter debates over students’ pro-Palestinian speech.
California – LA City Council Votes to Take First Step in Creating ‘Office of Compliance’
Los Angeles Daily News – City News Service | Published: 12/1/2023
The Los Angeles City Council took a step to formally establish an Office of Compliance that would proactively assist council members with identifying and avoiding potential conflicts-of-interest. The council requested a detailed report that would guide council members in the creation of an Office of Compliance to ensure higher standards of ethics. Council members must follow ethics rules and laws such as those imposed by the city charter, and state and federal laws. According to the council members, those standards have increased and grown in complexity over the years, making compliance more difficult.
California – Mayor Bass Announces Stricter Ethics Rules for L.A. City Staff
MSN – City News Service | Published: 12/1/2023
Staff working in Los Angeles Mayor Karen Bass’s office will be expected to abide by new, stricter ethics rules. In early November, the mayor also adopted restrictions on charitable donations from registered city lobbyists and city developers to the Mayor’s Fund of Los Angeles and the Getty House Foundation.
California – S.F. Corruption Scandal: Ex-parole officer going to prison for bribes to Mohammed Nuru
MSN – St. John Barned-Smith (San Francisco Chronicle) | Published: 11/30/2023
A former state parole officer in San Francisco will spend six months in prison after pleading guilty to passing $20,000 in bribes to former Public Works Director Mohammed Nuru to convince Nuru to hire an engineer. Ken Hong Wong had hoped to avoid jail time, but U.S. District Court Judge William Orrick noted Wong’s criminal acts “tarnished” a lengthy and distinguished history of public service. “It’s one of the sleaziest and lowest things that somebody could do,” Orrick said as he handed down his sentence.
California – Irvine Leaders Consider Potential Reforms to Its Lobbying Laws
Orange County Register – Hanna Kang | Published: 12/6/2023
Irvine leaders are talking about changes to how the city’s lobbyists are governed, which officials say has largely stayed the same for nearly two decades. City Attorney Jeffrey Melching offered a series of potential proposals recently, including lowering the compensation threshold at which an individual is required to register as a lobbyist.
California – What Could Campaign Finance Reform Look Like in Two OC Cities?
Voice of OC – Hosam Elattar | Published: 12/4/2023
Officials in a couple Orange County cities are contemplating tightening the rules on campaign spending amid the continued fallout of one of the largest corruption scandals in county history. The debate is taking off in the largest city, Anaheim, but also likely going to hit one of the county’s smallest cities, Stanton, which neighbors Anaheim but has gone untouched by the scandal.
Colorado – Colorado Supreme Court Justices Question Whether the State Can Bar Trump from the 2024 Ballot
Associated Press News – Nicholas Riccardi and Christine Fernando | Published: 12/6/2023
Colorado Supreme Court justices sharply questioned both sides about whether they could exclude former President Trump from the 2024 ballot in a case that seeks to upend his bid for a second term by claiming the Constitution’s insurrection clause bars him from another run for the White House. At issue is the wording of the clause itself, whether the courts have a right to intervene at this stage if Trump has otherwise met the basic requirements to appear on Colorado’s 2024 primary ballot, and whether Trump incited an insurrection when his supporters stormed the Capitol.
Colorado – Divided by Politics, a Colorado Town Mends Its Broken Bones
DNyuz – Jonathan Weisman (New York Times) | Published: 11/30/2023
In April 2020, Shane Fuhrman, a progressive lawyer from New York, beat the longtime fire chief Gilbert Archuleta by 10 votes to become the new mayor of Silverton, Colorado. To supporters, Fuhrman represented progress. To his opponents in the town of 796 residents, he would make Silverton into the incarnation of Aspen, with staggering housing prices, luxury outposts, and billionaire denizens. Their skepticism turned to anger when he declared the town council would stop reciting the Pledge of Allegiance until further notice. But Silverton came back together again.
Florida – Lobbying Restrictions Get Go-Ahead from Federal Appeals Court
Law.com – Jim Saunders (News Service of Florida) | Published: 12/4/2023
A federal appeals court allowed Florida to enforce, with one exception, a 2018 constitutional amendment imposing restrictions on lobbying while a legal battle continues to play out. A three-judge panel of the 11th U.S. Circuit Court of Appeals approved a request for a partial stay of an injunction that District Court Judge Beth Bloom issued this summer to block the restrictions statewide. The amendment prevented state and local officials from lobbying other government bodies while in office.
Georgia – Georgia County Signs Up to Use Voter Database Backed by Election Deniers
DNyuz – Alexandra Berzon and Nick Corasaniti (New York Times) | Published: 12/1/2023
A suburban county in Georgia agreed to use a new voter information database endorsed by the election denial movement, a move that defied warnings from voting rights groups, election security experts, and state election officials. Columbia County, a heavily Republican county outside Augusta, is the first in the country known to have agreed to use the platform, called EagleAI. Its supporters claim the system will make it easier to purge the rolls of ineligible voters.
Kentucky – How Wealthy Donors Legally Gave Even More to Democratic Party During Beshear’s Campaign
Kentucky Lantern – Tom Loftus | Published: 12/6/2023
Ahead of the November governor’s race, London Mayor Randall Weddle and other Kentuckians gave big to a type of political committee that allows wealthy donors to make massive contributions. Weddle, whose earlier excess contributions to Gov. Andy Beshear’s reelection effort had drawn regulatory scrutiny, contributed $550,000 to a national Democratic Party committee known as the Democratic Grassroots Victory Fund (DGVF). Weddle’s was by far the largest contribution reported by the DGVF during the general election season, but within the legal limits of how much a person can give to such a committee.
Louisiana – Louisiana Ethics Board Accuses Former LSU Professor of Unlawful Lobbying
Louisiana Illuminator – Piper Hutchinson | Published: 12/6/2023
The Board of Ethics alleges David Sobek, a former Louisiana State University political science professor, instructed a graduate assistant with whom he was reportedly having an affair, to investigate material in courses his “estranged wife” taught. The graduate assistant was allegedly told to look for anything that touches on critical race theory (CRT) and to distribute that information to legislators who might favor anti-CRT legislation. Louisiana law prohibits state employees acting in their official capacity or on behalf of their agency from lobbying the Legislature.
Maine – Documents Reveal NextEra’s Hidden Attempts to Derail CMP’s Transmission Line Corridor
Maine Public Radio – Steve Mistler | Published: 11/30/2023
NextEra Energy’s attempts to derail a transmission corridor through western Maine involved a significant secret donation to the state Democratic Party in 2018 as well as the 2019 financing of a group that helped organize a referendum to scuttle the project. NextEra’s financing of a 2021 referendum was publicly disclosed, but the documents released reveal how consultants hired by the company originally attempted to defeat the New England Clean Energy Contract by secretly financing two groups that became targets of investigations by the Maine ethics commission.
Mississippi – Gov. Reeves Mum on Health Care Meetings, Claims No Documents Exist
Mississippi Today – Devna Bose | Published: 12/6/2023
As the state’s hospital crisis continues, Mississippi Gov. Tate Reeves has held meetings on health care, but his office refuses to say what they are about. His staffers also claim there are no official documents for those meetings, despite internal correspondence that indicates otherwise and despite Reeves proposing detailed health policy changes. Several experts, including a former governor, say the lack of documentation for meetings and the lack of detail on Reeves’ calendar is unusual. One national expert called it “bad practice.”
Missouri – Pot Company Owner in Legal Fight with Missouri Hosts Fundraiser for AG Andrew Bailey
St. Louis Post-Dispatch – Kurt Erickson | Published: 12/7/2023
The co-owner of a Missouri cannabis company hosted a fundraiser at his home for Attorney General Andrew Bailey at the same time his business is involved in a lawsuit against the state. Bailey is overseeing the case involving a company that lost its license to operate over allegations of problems with its products. Although Bailey’s campaign says it is unaware it received contributions from the host of the November event, the incident is similar to one in which Bailey cited a conflict-of-interest and withdrew from a case involving a campaign donor.
Nevada – Pro-Trump Electors Indicted in Nevada, the Third State to Issue Charges
MSN – Amy Gardner and Yvonne Wingett Sanchez (Washington Post) | Published: 12/6/2023
A Nevada grand jury charged six Republicans who claimed to be presidential electors in 2020 and submitted certificates to Congress falsely asserting that Donald Trump had won the election in their state. Nevada is the third state after Georgia and Michigan to seek charges against the pro-Trump activists who met and cast ballots for the then-president on December 14, 2020, despite Joe Biden’s victory.
New York – Bill That Would Close Judicial Lobbying Loophole Remains in Play
Albany Times Union – Joshua Solomon | Published: 12/4/2023
Legislation intended to close a loophole that allows those seeking to influence the outcome of judicial nominations without state oversight is under review by New York Gov. Kathy Hochul, but it remains unclear whether she will sign the measure into law. Judicial nominations at all levels of government have become increasingly politicized and the lawmakers empowered to approve or reject candidates for the bench have arguably grown more demanding that the judges they support adhere to their political ideologies.
New York – N.Y. Appeals Court Reinstates Trump Gag Order in Civil Fraud Case
MSN – Shayna Jacobs (Washington Post) | Published: 11/30/2023
A New York appeals court reinstated a limited gag order on Donald Trump, preventing him from making public comments about court staffers in a civil business fraud case brought by the state. The court upheld Supreme Court Justice Arthur Engoron’s set of orders that prevented Trump and his defense team from mentioning court staffers, including a law clerk who has been the subject of antisemitic and other threats and messages since the case began.
The City – George Joseph, Bianca Pallaro, and Rosalind Adams | Published: 12/7/2023
A donor to Eric Adams’ 2021 mayoral campaign said their boss reimbursed them for a contribution recorded at an event that is at the center of the federal probe into whether the campaign conspired with the Turkish government to accept unlawful foreign donations. Such a reimbursement would constitute an illegal straw donation, enabling the true source of the funding to remain unknown to evade campaign finance laws that set limits on who can give and how much they can contribute.
Ohio – Sam Randazzo, Ohio’s Former Top Utilities Regulator, Charged with Bribery, Embezzlement Crimes
MSN – Jeremy Pelzer and Andrew Tobias (Cleveland Plain Dealer) | Published: 12/4/2023
Ohio’s former top utility regulator, Sam Randazzo, was indicted on federal bribery and fraud charges. The indictment says Randazzo accepted a $4.3 million bribe in exchange for helping FirstEnergy secure its policy priorities, including helping with House Bill 6, the law at the center of a federal bribery probe. In one instance, Randazzo pushed to cancel a review the company believed would hurt its bottom line by forcing it to reduce the rates it charged customers. If convicted, Randazzo could face up to 20 years in prison.
Ohio – Friend of Ex-Councilman Jeff Pastor Admits Creating Nonprofit to ‘Sanitize’ Bribe Payments
MSN – Kevin Grasha and Sharon Coolidge (Cincinnati Enquirer) | Published: 12/5/2023
A friend of former Cincinnati City Councilperson Jeff Pastor admitted creating a nonprofit designed solely to “sanitize” tens thousands of dollars in bribes. In one instance, Pastor told undercover agents posing as investors he would vote in favor of their projects and agreed to accept $15,000 for his support. Pastor said he could receive the money through Marshall’s nonprofit, “Ummah Strength.”
Rhode Island – As More Sexual Harassment Allegations Come to Light, McKee’s Ethics Appointee Withdraws. What We Know.
MSN – Katherine Gregg (Providence Journal) | Published: 12/1/2023
As details of multiple sexual harassment complaints resurfaced, Gov. Dan McKee’s appointee to the Rhode Island Ethics Commission resigned, with the governor’s office acknowledging the “vetting process was not adequate.” The announcement came after John Marion, head of Common Cause Rhode Island, called on McKee to “take another look” at his appointment of Bryant Da Cruz, a former South Kingstown Council member who admitted to town officials his behavior was “unacceptable” after six women accused him of sexual harassment.
South Dakota – Yes, Sioux Falls Councilors Can Accept Gifts, but an Updated Ethics Policy Now Clarifies How
Yahoo News – Trevor Mitchell (Sioux Falls Argus Leader) | Published: 12/6/2023
The Sioux Falls City Council approved an update to the ethics ordinance. Rules about gifts, including the payment of travel expenses, are clarified in the new ordinance. Employees or officers of the city could receive “gift of travel, lodging, registration fees, entrance fees, food and drink, and other incidental expenses” as long as it is related to a “widely attended gathering” related to the duties of the recipient or the city’s legislative or policy interests.
Virginia – Newport News Drafts Rules, Ethics Handbook After Council Credit Card Misuse
Virginian-Pilot – Josh Janney | Published: 12/2/2023
Newport News City Council plans to adopt a handbook that includes a code of ethics and will guide council conduct and codify roles and responsibilities. The handbook was suggested by Mayor Phillip Jones after concerns were raised about council members’ misuse of city-issued credit cards earlier in the year. Jones said the handbook would help clarify what is an allowed expenditure.
Washington – Candidate Loses by Single Vote After He Didn’t Cast a Ballot for Himself
MSN – Jonathan Edwards (Washington Post) | Published: 12/5/2023
Ryan Roth mailed his ballot in a few days ahead of the November 7 election, unaware he was casting the most consequential vote of his life. Having run a four-month campaign to convince others he should serve on the Rainier City Council, Roth voted for himself. Roth did not know he was casting the decisive ballot in a race that would be determined by one vote. His opponent, Damion Green, had chosen not to vote for himself in the election, which would take nearly a month for officials to sort out.
Wisconsin – Wisconsin Trump Electors Settle Lawsuit, Agree Biden Won in 2020
MSN – Patrick Marley (Washington Post) | Published: 12/6/2023
In a legal settlement, the 10 Republicans who signed official-looking paperwork falsely purporting Donald Trump won Wisconsin in 2020 have agreed to withdraw their inaccurate filings, acknowledge Joe Biden won the presidency, and not serve as presidential electors in 2024 or in any election where Trump is on the ballot. The settlement comes as Republicans in two other states face criminal charges for falsely claiming to be presidential electors, and investigations are underway in three additional states.
December 1, 2023 •
News You Can Use Digest – December 1, 2023
National/Federal Antagonisms Flare as Red States Try to Dictate How Blue Cities Are Run MSN – Molly Hennessy-Fiske (Washington Post) | Published: 11/27/2023 Despite long advocating small government and local control, Republican governors and legislators across a significant swath of the country […]
National/Federal
Antagonisms Flare as Red States Try to Dictate How Blue Cities Are Run
MSN – Molly Hennessy-Fiske (Washington Post) | Published: 11/27/2023
Despite long advocating small government and local control, Republican governors and legislators across a significant swath of the country are increasingly overriding the actions of Democratic cities – removing elected district attorneys or threatening to strip them of power, taking over election offices, and otherwise limiting local independence. The antagonisms between red states and blue cities are all the more notable because the urban areas in the crosshairs are mostly majority-minority, with many mayors and district attorneys of color.
Donations to GOP Drop as Worries Mount About the Party’s Finances
MSN – Isaac Arnsdorf and Josh Dawsey (Washington Post) | Published: 11/27/2023
The Republican Party’s finances are increasingly worrisome to party members, advisers to former President Trump, and other operatives involved in the 2024 election effort. The Republican National Committee (RNC) disclosed it had $9.1 million in cash on hand as of October 30, the lowest amount for the RNC in any FEC report since February 2015. Donors have not cut as many large checks to the RNC in recent years, and the party’s small-dollar program has also suffered, according to people familiar with the party’s finances.
Trump Lawyers Seek to Probe U.S. Handling of 2020 Election Fraud Claims
MSN – Spencer Hsu and Rachel Weiner (Washington Post) | Published: 11/28/2023
Attorneys for Donald Trump asked a federal judge to allow them to investigate several U.S. government agencies about their handling of investigations into him and allegations of voter fraud three years ago as the former president moves to defend himself from charges that he criminally conspired to subvert the results of the 2020 election. His demands in the historic prosecution are wide-ranging. Trump’s lawyers argued for broad leeway to compel special counsel Jack Smith’s prosecution team to turn over vast swaths of information.
‘Shrugged Off and Ignored’: Lawmakers disagree on how to ease pain of election churn
MSN – Justin Papp (Roll Call) | Published: 11/30/2023
Constituent casework is a basic function of any congressional office. But in North Carolina, U.S. Rep. Chuck Edwards’ predecessor, embattled former Rep. Madison Cawthorn, declined to give him access to any constituent case files after Edwards beat him in a closely fought primary. The situation exposed a long-standing problem of rocky transitions, with constituents caught in the middle, and lawmakers have not agreed on how to fix it.
Details of Scott Perry’s Role in Trump Efforts to Stay in Power Unsealed
MSN – Rachel Weiner, Spencer Hsu, and Devlin Barrett (Washington Post) | Published: 11/30/2023
A batch of communications was released in the case of U.S. Rep. Scott Perry by the District of Columbia Circuit Court of Appeals, which has heard litigation over special counsel Jack Smith’s effort to access the communications stored on Perry’s cell phone. The court partially blocked Smith’s effort in a ruling that relied on the Constitution’s “speech or debate” clause. Later, the documents appeared to have been removed from the court’s public docket, suggesting it may have been posted inadvertently.
Johnson’s Release of Jan. 6 Video Feeds Right-Wing Conspiracy Theories
Seattle Times – Luke Broadwater, Alan Feuer, and Angelo Fichera (New York Times) | Published: 11/23/2023
House Speaker Mike Johnson’s decision to publicly release thousands of hours of Capitol security footage from January 6, 2021, has fueled a renewed effort by Republican lawmakers and far-right activists to rewrite the history of the attack that day and exonerate the pro-Trump rioters who took part. For Johnson, beginning to release about 40,000 hours of video footage fulfilled a promise he made to hard-right lawmakers to win their support for the speakership.
He Doesn’t Report Having Checking or Savings. So Where Did Andy Ogles Get $320,000 for His Campaign?
WTVF – Phil Williams | Published: 11/29/2023
U.S. Rep. Andy Ogles reported he loaned his campaign $320,000 during the 2022 election. The FEC report raised eyebrows among some because he had never been seen as a person of great wealth. A media investigation shows Ogles has not disclosed any substantial investments. He does not report having a savings account. From the beginning of his campaign for Congress, Ogles was dogged by questions about his fundraising claims.
Members of Congress Head for the Exits, Many Citing Dysfunction
Yahoo News – Kayla Guo (New York Times) | Published: 11/26/2023
More than three dozen members of Congress have announced they will not seek re-election next year, some to pursue other offices and many others simply to get out of Washington. The wave of lawmakers across chambers and parties comes at a time of dysfunction on Capitol Hill, primarily instigated by House Republicans. The chaos has Republicans increasingly worried they could lose their slim House majority next year, a concern that typically prompts a rash of retirements from the party in control. But it is not only GOP lawmakers who are opting to leave.
For Election Workers, Fentanyl-Laced Letters Signal a Challenging Year
Yahoo News – Michael Wines (New York Times) | Published: 11/22/2023
For the people who run elections at thousands of local offices nationwide, 2024 was never going to be an easy year. But the recent anonymous mailing of powder-filled envelopes to election offices in five states offers new hints of how hard it could be. The letters are an indicator of what some officials say is a fresh rise in threats to their safety and the functioning of the election system. They presage the pressure-cooker environment that election officials will face next year in a contest for the White House that could chart the future course of American democracy.
Could Abortion Rights Rescue Red-State Democrats in the Senate?
Yahoo News – Michael Bender and Anjali Huynh (New York Times) | Published: 11/29/2023
Since the Supreme Court overturned Roe v. Wade, abortion rights have become an invaluable political asset for Democrats. They have leveraged the issue to hold onto control of the Senate, limit losses in the House, and fuel victories in key state races in the Midwest and the South. But perhaps the toughest test for the issue’s power will come in U.S. Senate contests like Sherrod Brown’s in Ohio and Jon Tester’s in Montana. The fate of the thin Democratic majority in the chamber could well be sealed in those two places, by the same voters who have installed Republicans in every other statewide office.
From the States and Municipalities
Alaska – Legislative Ethics Committee Dismisses Complaints Against Alaska Lawmakers
Anchorage Daily News – Iris Samuels | Published: 11/29/2023
The Legislative Ethics Committee dismissed complaints against sitting and former Alaska lawmakers who were accused of allowing “an unregistered lobbyist” for an anti-abortion organization to use their Capitol offices as a “base of operations.” The complaints allege Rep. David Eastman and former Rep. Christopher Kurka allowed Pat Martin, head of Alaska Right to Life, to use their offices for several hours when Martin traveled from Wasilla to the state Capitol “with the stated intent to distribute signed petitions to the Legislature.”
Arizona – This Ballot Measure Could Change the Election Game. But Will the Result Be the Same?
MSN – Mary Jo Pitzl (Arizona Republic) | Published: 11/29/2023
A proposed ballot measure would eliminate Arizona’s partisan primary system and replace it with a system in which every voter can vote in every election, regardless of party affiliation or lack of affiliation. Sarah Smallhouse, a supporter of the reform, said the idea is to appeal to independents, the state’s largest voting bloc. Despite their numbers, Smallhouse said independents cannot vote in primaries unless they take the extra step of requesting a partisan ballot.
Arizona – Arizona Officials Charged with Allegedly Conspiring to Delay Midterm Election Outcome
MSN – Yvonne Wingett Sanchez (Washington Post) | Published: 11/29/2023
Two Republican members of a county election board in southern Arizona were indicted by a state grand jury. Cochise County Supervisors Peggy Judd and Terry Crosby are charged with interference with an election officer and conspiracy. The indictment alleges the two knowingly interfered with the secretary of state’s ability to finish the statewide canvass for the election by delaying a vote to formally accept their county’s votes during the time period required by state law.
Arizona – Supreme Court Rejects Arizona GOP Leaders’ Effort to Avoid Deposition in Voting Rights Suit
MSN – Ray Stern (Arizona Republic) | Published: 11/27/2023
Arizona legislative leaders will submit to depositions in a lawsuit over two voting rights laws after the U.S. Supreme Court rejected their application for an emergency stay. Senate President Warren Petersen and Speaker Ben Toma both said they would comply. The plaintiffs want to find out if Republican lawmakers created the bills with discriminatory intent.
California – Top OC Official Helped Direct Millions to His Daughter’s Center Without Disclosing Family Connection
LAist – Nick Gerda | Published: 11/22/2023
Orange County Supervisor Andrew Do has voted to fund millions of dollars to an organization led by his daughter without publicly disclosing his close family connection. Do voted twice to award contracts that included subcontracts to Warner Wellness Center, his daughter Rhiannon Do’s group. During public discussion of one of those votes, Andrew Do said he had two years of conversations with the top county health official leading up to the vote. Both of Councilperson Do’s votes to fund the subcontracts happened with no public mention his daughter was working as Warner Wellness’s president.
California – Family Vacations, Fancy Clothes and a Cigar Humidor: How an O.C. politician got fined for abusing campaign funds
MSN – Faith Pinho (Los Angeles Times) | Published: 11/24/2023
The California Fair Political Practices Commission (FPPC) fined former Assemblyperson William Brough $100,000 for using campaign funds to cover myriad personal costs, including family vacations, his children’s cellphone bills, and $2,400 worth of clothing, in violation of state law. Brough used a total of $17,303 in campaign funds for personal expenses and failed multiple record-keeping requirements, even as his campaign treasurer warned him about violations, according to the FPPC.
California – Disney’s Representative Could Soon be Considered a Lobbyist at Anaheim City Hall
Voice of OC – Hosam Elattar | Published: 11/29/2023
The Anaheim City Council agreed to enhance the city’s lobbying laws for the second time in just over a year. The ordinance expands the definition of lobbying and who needs to register to include both outside lobbyists and those employed directly by the company they are advocating for. A second council vote is needed for the ordinance to take effect. The move comes after investigators said FBI agents concluded in sworn affidavits that City Hall is essentially controlled by lobbyists and Disneyland resort interests.
Colorado – Colorado Supreme Court Will Hear Appeal of Ruling That Trump Can Stay on Ballot Despite Insurrection
MSN – Nicholas Riccardi (Associated Press) | Published: 11/21/2023
The Colorado Supreme Court agreed to hear appeals from both a liberal group that sought to disqualify Donald Trump and the former president himself after a state judge ruled Trump “engaged in insurrection” on January 6, 2021, but can still appear on the state’s ballot. The ruling by District Court Judge Sarah Wallace, which said Trump is not covered by the Constitution’s ban on insurrectionists holding office, was the latest in a series of defeats for the effort to end Trump’s candidates with Section 3 of the 14th Amendment.
Delaware – Why Delaware Elections Commissioners Rarely Enforce Campaign Finance Laws
Yahoo News – Amanda Fries (Delaware News Journal) | Published: 11/27/2023
Delaware elections officials have the authority to investigate campaign finance violations, but that oversight has never been used. Election officials can investigate campaigns for compliance with state laws regarding campaign expenditures and donations. Yet, elections officials say they have no records of probes conducted under this authority.
Florida – Mayor Suarez Faces Ethics Complaint Over Presidential Campaign Costs Billed to City
Miami New Times – Naomi Feinstein and Alex DeLuca | Published: 11/22/2023
In a complaint filed with the Florida Commission on Ethics, activist Thomas Kennedy accuses Miami Mayor Francis Suarez of violating the law by spending taxpayer funds on personal security during his bid for president. The complaint cites records that showed Miami Police Department officers traveled on the campaign trail with Suarez and billed the city more than $20,000 for their hotels, transportation, and meal expenses.
MSN – Rick Pearson and Jeremy Gorner (Chicago Tribune) | Published: 11/21/2023
The State Board of Elections issued $99,500 in fines against the All for Justice PAC. The move followed a report by The Chicago Tribune on the PAC’s reporting deficiencies as it spent more than $7.3 million on independent expenditures supporting Justices Elizabeth Rochford and Mary Kay O/Brien, both of whom won their campaigns and increased the Illinois Supreme Court’s Democratic majority. The PAC had been given 30 days to appeal or seek a reduction in the fines but it transferred its remaining cash balance of $149,516 to another independent expenditure committee that has been dormant since July 2019.
Illinois – Former GOP Senator, Third-Party Governor Candidate to Represent Himself in Corruption Trial
NPR Illinois – Hannah Meisel (Capital News Illinois) | Published: 11/28/2023
On what was supposed to have been the first day of the federal corruption trial of former Illinois Sen. Sam McCann for allegedly misusing more than $200,000 in campaign funds for personal expenses, McCann presented a pair of last-minute motions to represent himself, which delayed the trial for at least the 13th time. He allegedly used some of the money to pay his mortgage, buy personal vehicles, and even pay himself.
WTTW – Heather Cherone | Published: 11/27/2023
Chicago’s ethics ordinance should be tightened to apply to political fundraising committees to prevent future city officials from escaping sanctions for violations, including sending emails to city employees at their official email addresses asking them to send cash to their campaigns, the Board of Ethics urged the city council. The recommendation followed the board’s dismissal of a complaint prompted by Inspector General Deborah Witzburg’s determination that former Mayor Lori Lightfoot violated the ethics code by sending pleas for cash to city employees.
Indiana – Former Indiana Lawmaker Pleads Guilty to Casino Corruption Charge
MSN – Isabella Volmert (Associated Press) | Published: 11/28/2023
A former Indiana lawmaker pleaded guilty to supporting a bill favoring a casino in exchange for promises of lucrative employment. According to prosecutors, ex-Rep. Sean Eberhart, a member of the committee that oversees casinos and gaming in the state, used his position to successfully advocate for the relocation of two casinos and to obtain other favorable terms for the company, including tax incentives. In exchange, they said, Eberhart accepted the promise of future employment, which included annual compensation of at least $350,000.
Indiana – Indiana Gunmaker That Offered GOP Lawmakers Discounted Rifles Is Fined After Investigation
MSN – Kayla Dwyer (Indianapolis Star) | Published: 11/30/2023
The Indiana Lobby Registration Commission fined a gunmaker and ordered the company to register. A complaint said Fostech made a flyer available to some lawmakers advertising an “Indiana legislator rifle” at half the suggested retail price. The offer came during a session in which the company also testified in opposition to a major piece of gun legislation. Common Cause Indiana Executive Director Julia Vaughn’s complaint argued Fostech’s actions appeared to fit the definition of lobbying and should have been reported publicly as such.
Iowa – GOP Official’s Wife Convicted in Months-Long 2020 Voter-Fraud Scheme
MSN – Timothy Bella (Washington Post) | Published: 11/23/2023
As Tam and Thien Doan tried to obtain absentee ballots in Iowa in 2020, they were surprised to find out that votes had already been cast in their names. The siblings, both Democrats, were even more astonished to learn their ballots had been cast in support of Republican candidates only. Unbeknownst to the Doans, they were among a group of Vietnamese immigrants targeted in a months-long voter-fraud scheme by the wife of a Republican county supervisor who wanted her husband to win “by any means necessary” in the 2020 primary and general elections, according to prosecutors. Kim Phuong Taylor was convicted of 52 counts of voter fraud.
Kentucky – Top Metro Council Republican Will Face Removal Proceedings Over Ethics Charges
Louisville Public Media – Roberto Roldan | Published: 11/28/2023
Five Louisville Metro Council members voted to move forward with removal proceedings against Councilperson Anthony Piagentini. The process will eventually lead to an ethics trial, where the full Metro Council will act as a jury. Removing Piagentini will take a two-thirds vote. He was found guilty of ethics violations by Louisville’s Ethics Commission, which said there was “clear and convincing evidence” he negotiated a job with a nonprofit while supporting their bid for a major grant.
Maine – State Ethics Commission Fines Group Behind ‘Right to Repair’ Referendum
Yahoo News – Rachel Ohm (Portland Press Herald) | Published: 11/29/2023
Maine’s ethics commission reached an agreement with the political committee that convinced voters to approve Question 4 on the November ballot. The commission approved a $35,000 penalty against the Automotive Right to Repair Committee because it was late complying with a transparency law for major funders. The maximum fine under state law was $240,000. Maine requires ballot question committees to notify donors who give more than $100,000 that they have to file a report with the ethics commission.
Michigan – Former Democratic Party Chair, AIPAC Deny Offering Nasser Beydoun $20M to Run Against Rashida Tlaib
Yahoo News – Todd Spangler and Clara Hendrickson (Detroit Free Press) | Published: 11/28/2023
Nasser Beydoun, an Arab-American businessperson who is running for the open U.S. Senate seat in Michigan, became the second Democratic candidate to say he was offered as much as $20 million in campaign support to abandon that race and run instead against U.S. Rep. Rashida Tlaib. Beydoun said the offer of “approximately $20 million” in “potential” campaign funding to run against Tlaib was made to him by former state Democratic Party Chairperson Lon Johnson. He denied making an offer to Beydoun.
New Mexico – New Mexico Supreme Court Upholds Democratic-Drawn Congressional Map
Associated Press News – Morgan Lee | Published: 11/27/2023
The New Mexico Supreme Court upheld a Democratic-drawn congressional map that divvied up a conservative, oil-producing region and reshaped a swing district along the U.S. border with Mexico. The justices affirmed a lower court decision that the redistricting plan enacted by Democratic lawmakers in 2021 succeeded in substantially diluting votes of their political opponents, but the changes fell short of “egregious” gerrymandering.
New York – New York Mayor Eric Adams Is Accused of Sexual Assault
MSN – Mariano Alfaro (Washington Post) | Published: 11/23/2023
New York Mayor Eric Adams is accused of committing sexual assault in 1993, according to a new court summons filed under the state’s Adult Survivors Act. According to the summons, the plaintiff was sexually assaulted by Adams while they both worked for the city. Gov. Kathy Hochul signed the act into law last year, giving adult sexual assault survivors up to one year to file a lawsuit against their alleged attacker, regardless of when the alleged violation happened.
New York – Eric Adams Attended Nearly 80 Events Celebrating Turkey
Politico – Joe Anuta, Jason Beeferman, and Maya Kaufman | Published: 11/17/2023
As Brooklyn borough president, Eric Adams attended nearly 80 events over eight years to celebrate Turkey, including a flag-raising in 2015, a charity ball in 2018, and a Zoom meeting with the Turkish consul in 2020. In 2019, as he was embarking on a run for New York City mayor, he joined Martha Stewart at a gala celebrating Turkish Airlines, a company caught up in in an ongoing FBI probe into Adams’ campaign finances. These revelations shed light on Adams’ unusually strong relationship with Turkey, which has drawn scrutiny from federal investigators.
Ohio – Husted to Be Deposed, DeWine Subpoenaed in Lawsuit Over FirstEnergy Bribery Scheme
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 11/28/2023
Ohio Lt. Gov. Jon Husted is scheduled to be deposed by investors suing FirstEnergy in connection with the House Bill 6 scandal, the most significant public corruption case in state history. In addition, Gov. Mike DeWine received a subpoena for documents in connection with the civil case. The lawsuit mirrors allegations that FirstEnergy paid multimillion-dollar bribes to former House Speaker Larry Householder and Sam Randazzo, formerly the state’s top utility regulator, in exchange for legislation and favorable regulatory treatment. DeWine appointed Randazzo shortly after taking office in 2019.
Ohio – Ohio Supreme Court Upholds New State Legislative Redistricting Plan
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 11/27/2023
The Ohio Supreme Court upheld the state’s new legislative redistricting plan, dismissing lawsuits filed by Democratic and good-government groups claiming the new maps are illegally gerrymandered. In a four-to-three party-line ruling, the court’s Republican justices dismissed the lawsuits on procedural grounds. The ruling means that new Ohio House and Senate maps will remain in place through 2030, unless voters approve a proposed overhaul to the redistricting process itself next year.
Oklahoma – Oklahoma Republican Party PAC Misreported Millions in Funds, Audit Finds
Oklahoman – Mindy Ragan Wood (Oklahoma Voice) | Published: 11/27/2023
A federal audit uncovered millions in misreported income and expenses for a PAC associated with the Oklahoma Republican Party. An FEC draft audit found the Oklahoma Leadership Council’s bank records did not match its federal campaign finance reports by nearly $2 million. The council is a federal PAC the state Republican Party uses to back GOP candidates and fund independent expenditures against their opponents.
Pennsylvania – Federal Judge Says Pennsylvania Mail-In Ballots Should Still Count If Dated Incorrectly
Associated Press News – Michael Runbinkam | Published: 11/21/2023
Mail-in ballots in Pennsylvania without accurate handwritten dates on their exterior envelopes must still be counted if they are received in time, a judge ruled, concluding that rejecting such ballots violates federal civil rights law. The decision has implications for the 2024 presidential election in a key battleground state where Democrats have been far more likely to vote by mail than Republicans.
Pennsylvania – Pa. Legislature Paid $280K to Settle Harassment, Other Claims While Requiring Secrecy in Many Cases
Spotlight PA – Angelea Couloumbis | Published: 11/30/2023
The Pennsylvania Legislature quietly paid out hundreds of thousands of dollars over the past five years to settle sexual harassment and other claims against lawmakers and staffers. Many of the settlements include controversial secrecy clauses and other provisions that prevent public disclosure of the agreement. Female legislators criticized Gov. Josh Shapiro’s office for paying $295,000 to resolve a sexual harassment claim against a top advisor. The settlement, which only became public after several media outlets filed public records requests, included a nondisclosure agreement.
Tennessee – Judges Rule Against Tennessee Senate Redistricting Map Over Treatment of Nashville Seats
Yahoo News – Jonathan Mattise and Kimberlee Kruesi (Associated Press) | Published: 11/22/2023
A Republican-drawn map for Tennessee’s Senate seats violates the state Constitution because lawmakers incorrectly numbered the legislative districts in left-leaning Nashville, which affects which years those seats are on the ballot, a panel of judges ruled. The decision centers on maps passed by the Republican-supermajority Legislature in 2022. According to the ruling, the state’s attorneys “conceded” they would not defend the Senate map in court and instead focused their attention arguing the plaintiffs did not have standing to sue.
Washington – Seattle City Council Candidates Got $2.4M from Democracy Vouchers
Crosscut – Donna Gordon Blankinship | Published: 11/27/2023
Seattle voters were actively involved in financing city council elections this year, distributing nearly 95,000 Democracy Vouchers that pumped nearly $2.4 million into 30 campaigns. Supporters say the idea democratizes political campaigns by giving regular people public money to contribute as they choose, presumably taking some power from wealthy individuals, companies, and organizations that seem to dominate political giving. The program also gives candidates another way to engage directly with voters.
Washington – Seattle Lobbying Firm Strategies 360 Files for Bankruptcy Amid Legal Feud
Seattle Times – Jim Brunner | Published: 11/29/2023
A prominent lobbying and public affairs firm filed for Chapter 11 bankruptcy protection amid a bitter legal dispute between estranged co-owners. Strategies 360 filed a petition to stave off what Chief Executive Officer Ron Dotzauer described in court filings as a hostile and humiliating takeover bid by his former business partner, Eric Sorenson. The Seattle-based firm employs about 140 people in 13 states and Washington D.C.
November 17, 2023 •
News You Can Use Digest – November 17, 2023
National/Federal Trump Compares Political Opponents to ‘Vermin’ Who He Will ‘Root Out,’ Alarming Historians ABC News – Soo Rin Kim and Lalee Ibssa | Published: 11/13/2023 Donald Trump vowed to “root out” his political opponents, who he said “live like vermin” as […]
National/Federal
Trump Compares Political Opponents to ‘Vermin’ Who He Will ‘Root Out,’ Alarming Historians
ABC News – Soo Rin Kim and Lalee Ibssa | Published: 11/13/2023
Donald Trump vowed to “root out” his political opponents, who he said “live like vermin” as he warned supporters that America’s greatest threats come “from within” – extreme rhetoric that echoes the words of fascist dictators like Adolf Hitler and Benito Mussolini, experts said. A Trump campaign spokesperson dismissed the backlash to his speech, at a Veterans Day rally in New Hampshire, but some historians said the parallels were alarming.
Ex-Fundraiser for George Santos Pleads Guilty to Posing as Congressional Aide to Raise Campaign Cash
Associated Press News – Dave Collins | Published: 11/14/2023
A former fundraiser for U.S. Rep. George Santos pleaded guilty to a federal wire fraud charge, admitting he impersonated a high-ranking congressional aide while raising campaign money for Santos. Sam Miele was caught soliciting donations under the alias Dan Meyer, who was then chief of staff for Rep. Kevin McCarthy. Miele also acknowledged he committed access device fraud by charging credit cards without authorization to send money to the campaigns of Santos and other candidates, and for his own personal use, prosecutors said.
Democrats, No Longer Squeamish on Abortion, Lean into Searing Personal Ads
DNyuz – Rebecca Davis O’Brien and Nick Corasaniti (New York Times) | Published: 11/8/2023
Ads in the 2023 election campaign signaled a new tone in Democrats’ messaging on abortion rights, one that confronts head-on the consequences of strict anti-abortion laws. Historically, it has been Republicans who used dire warnings and shock value in advertising to make their case on the issue. But the U.S. Supreme Court’s ruling in Dobbs v. Jackson, despite being a resounding legal and policy victory for Republicans, has had the paradoxical effect of galvanizing long-held, broad public support for abortion rights.
Democrats Plan to Spend Millions to Weaken Republican Supermajorities
DNyuz – Nick Corasaniti (New York Times) | Published: 11/14/2023
Democrats are planning to spend millions of dollars next year on just a few state legislative elections in Kansas, North Carolina, Kentucky, and Wisconsin, states where they have little to no chance of winning control of a chamber. Democrats are pushing to break up Republican supermajorities in states with Democratic governors, effectively battling to win back the veto pen district by district. The political dissonance of having a governor of one party and a supermajority of an opposing party in the Legislature is one of the starkest effects of gerrymandering, revealing how parties cling to evaporating power.
How the Supreme Court Settled on an Ethics Code – and What It Left Out
MSN – Ann Marimow and Robert Barnes (Washington Post) | Published: 11/15/2023
Supreme Court justices stung by controversies over the court’s ethics pledged to follow a broad code of conduct promoting “integrity and impartiality,” but without a way to enforce its standards against those who fall short. The code contains broadly worded sections relating to outside relationships, recusal from cases that could bring financial gain to family members, the use of a justice’s staff, and limits on appearances at fundraisers for groups. But there is every sign that each word was carefully chosen.
Donald Trump Exempt from Campaign Finance Laws: FEC commissioner
MSN – Kate Plummer (Newsweek) | Published: 11/10/2023
FEC Commissioner Ellen Weintraub said Donald Trump has effectively been made exempt from campaign finance laws because her agency refuses to investigate him. In at least 28 instances, she said staff at the general’s counsel’s office determined a criminal investigation was warranted. But Weintraub added that her Republican colleagues put the former president in a “category by himself” by refusing to approve any of the recommendations against Trump.
MAGA-Dominated State Republican Parties Plagued by Infighting, Money Woes
MSN – Isaac Arnsdorf, Josh Dawsey, Yvonne Wingett Sanchez, Patrick Marley, and Amy Gardner (Washington Post) | Published: 11/13/2023
In the battleground states of Arizona, Georgia, and Michigan, election denial and grassroots fervor for former President Trump have rocked the Republican apparatus. Now, the state parties are plagued by infighting, struggling to raise money, and sometimes to cover legal costs stemming from Trump’s efforts to overturn his 2020 defeat, threatening to hamper GOP organizing capabilities in next year’s presidential election.
Tim Scott Suspends Struggling Presidential Primary Bid
MSN – Meryl Kornfield, Marianne LeVine, and Hannah Knowles (Washington Post) | Published: 11/13/2023
Sen. Tim Scott, the only Black Republican in the U.S. Senate, announced he was suspending his campaign for the GOP presidential nomination after months of struggling to gain ground in polling with an uplifting message that was out of step with today’s party. Scott did not endorse any other candidate, and he declined a suggestion that he might be a vice-presidential candidate.
‘Curveball Like No Other:’ Johnson’s rise has K Street trying to keep up
MSN – Caitlin Reilly (Roll Call) | Published: 11/13/2023
Rep. Mike Johnson’s unexpected rise to speaker of the House has left K Street scrambling as lobbyists try to establish inroads with the relatively unknown lawmaker and his staff. Johnson has been in Congress for less than seven years and lacks the deep bench of long-time, trusted aides and ex-staffers that K Street usually relies on to curry favor on Capitol Hill.
McCarthy Accused of Elbowing Lawmaker, While Fight Nearly Breaks Out in Senate
MSN – Azi Paybarah, Marianna Sotomayor, and Liz Goodwin (Washington Post) | Published: 11/14/2023
Rep. Tim Burchett accused Rep. Kevin McCarthy of elbowing him in the back as they passed each other in a crowded hallway. Burchett was one of eight Republicans who voted to oust McCarthy as House speaker. Sen. Markwayne Mullin brought a hearing to a standstill as he confronted one witness, stood up, and challenged him to a fistfight. Joanne Freeman, a history professor at Yale, said it was important for lawmakers to denounce belligerent behavior and threats, particularly when it comes from a member of their own party. “If no one speaks up it becomes representative of what that party stands for,” she said.
House Ethics Panel Examines Change to Expand Legal Expense Fund Coverage
MSN – Chris Marquette (Roll Call) | Published: 11/14/2023
The House ethics committee is considering whether to change rules about lawmaker legal expense funds to expand the pool of people who can use them to pay for their legal bills connected to a campaign or office. Rep. David Schweikert, who faced lawsuits related to his 2022 primary race, asked the committee to allow campaign staffers, vendors, and spouses draw from legal expense funds rather than having to use campaign funds.
DOJ Argues Steve Wynn Foreign Lobbying Suit Should Be Reinstated
Yahoo News – Sabrina Willmer (Bloomberg) | Published: 11/14/2023
A Justice Department attorney argued casino magnate Steve Wynn should have registered as a foreign agent when he alerted the Trump administration that China wanted to extradite a wealthy exile. A three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit heard arguments in the government’s appeal of a decision to toss civil claims against Wynn. District Court Judge James Boasberg had reasoned the Foreign Agent Registration Act only applies to ongoing violations and years had passed since Wynn was required to file a statement.
Prosecutors Urge Appeals Court to Reinstate Trump Gag Order
Yahoo News – Kyle Cheney (Politico) | Published: 11/14/2023
Donald Trump’s renewed attacks on the family of special counsel Jack Smith and his repeated invective against likely witnesses in his Washington, D.C. criminal case warrant the urgent restoration of a gag order against him, prosecutors argued. Smith’s team urged a federal appeals court to reinstate the gag order, which a three-judge panel suspended earlier in November amid Trump’s appeal of the restrictions imposed by U.S. District Court Judge Tanya Chutkan.
Exclusive: 5 Senate Banking Dems demand more details on corporate lobbying strategy
Yahoo News – Taylor Giorno (The Hill) | Published: 11/15/2023
Five Democrats who sit on the Senate Banking Committee urged the Securities and Exchange Commission to require companies to disclose more details on their corporate lobbying strategy to shareholders. Registered lobbyists are required to file quarterly disclosures that include the total spent on federal lobbying. But registrants are not required to disclose details including whether they lobbied for or against specific legislation or regulations, even as the lobbying activities of a company can carry reputational risks to its investors.
From the States and Municipalities
Alabama – Right-Wing Site’s Reporting on Mayor Raises Ethics Questions After His Death
MSN – Jonathan Edwards (Washington Post) | Published: 11/9/2023
Journalism professor A.J. Bauer felt uneasy when he opened an email newsletter from 1819 News. The Alabama-based website was promoting its story alleging that a small-town mayor who was also a pastor wore women’s clothing and makeup while posing online. Bauer had watched as some in the state grew increasingly hostile to those who do not adhere to traditional gender norms. The site later reporting that F.L. Copeland Jr., the mayor of Smiths Station and a pastor at First Baptist Church of Phenix City, had died by suicide.
Arizona – Rep. Leezah Sun’s Ethics Complaint Rebuttal Acknowledges Poor Behavior, Argues for No Punishment
Yahoo News – Ray Stern (Arizona Republic) | Published: 11/14/2023
An Arizona lawmaker’s rebuttal to an ethics complaint against her acknowledges some of her poor behavior and accuses a city official of potentially suffering from past “trauma” because he claimed she intimidated him. Rep. Leezah Sun faces potential expulsion from the House after being accused of making intimidating statements and interfering with a child custody case. Through her lawyer, she denied the allegations in a formal response to the complaint that charges Sun with violating the Legislature’s rule against “disorderly behavior.”
California – S.F. Mayoral Candidate’s Close Friend Was Charged in Corruption Probe. Will It Undermine His Campaign?
MSN – St. John Barned-Smith and J.D. Morris (San Francisco Chronicle) | Published: 11/13/2023
San Francisco Supervisor Ahsha Safaí, who is trying to unseat Mayor London Breed in the November 2024 election, has never hidden his close relationship with Siavash Tahbazof, the patriarch of a family with deep business ties across the city, or the developer;s relatives and business associates. That puts Safaí in an awkward position after Tahbazof and two others were charged with fraud by federal prosecutors.
California – Anaheim Officials to Publicly Post Online Who They Meet With
Voice of OC – Hosam Elattar | Published: 11/13/2023
Anaheim City Council members voted unanimously to implement a policy that will require them to proactively post their calendar online listing meetings with lobbyists, developers, union representatives, and residents starting in January 2024. The policy comes after sworn affidavits by FBI agents and a report by independent investigators concluded the same thing: Anaheim City Hall is essentially controlled by Disneyland resort interests and lobbyists. The new calendar policy is among a host of reform proposals city council members are expected to tackle this fall.
Delaware – Delaware Supreme Court Reviews Convictions of Ex-Auditor After Corruption Allegations
MSN – Randall Chase (Associated Press) | Published: 11/15/2023
The Delaware Supreme Court is weighing whether to overturn the unprecedented convictions of the state’s former auditor on public corruption charges. The court heard arguments in the case of Kathy McGuiness, who was convicted on misdemeanor charges of conflict-of-interest, official misconduct, and noncompliance with state procurement rules. The conflict-of-interest charge involved the hiring of McGuiness’s daughter as a part-time employee in the auditor’s office. McGuinness also was convicted of structuring payments to a consulting firm to avoid having to get them approved by the state Division of Accounting.
Delaware – How Hall-Long’s Refusal to Release Audit Findings Sparked Elections Reform Talks
Yahoo News – Amanda Fries (Delaware News Journal) | Published: 11/14/2023
Delaware law does not require Lt. Gov. Bethany Hall-Long to release the audit performed on her campaign finances, but watchdogs are hoping she will do so anyway in the interest of transparency. While Hall-Long has said the audit, and the campaign’s decision to openly acknowledge it, was an act of transparency, she continues to decline to release the audit itself, instead suggesting the amended campaign finance reports “fully convey” the audit’s results. The internal audit was launched shortly after Hall-Long announced her bid for governor, prompted by what she said were “reporting issues that require attention.”
Florida – Mayor Suarez’s Secret Side Gigs Included Advising Associates of Kremlin-Linked Oligarch
Yahoo News – Shirsho Dasgupta (Miami Herald) | Published: 11/14/2023
Miami Mayor Francis Suarez earned payments totaling six figures advising two financial firms run by close associates of a Russian oligarch, two of several side jobs he refused to reveal to the public until he ran for president, with its more rigorous disclosure requirements. As a part-time mayor, Suarez can accept private employment as he sees fit, as long as it does not overlap with his mayoral duties and the employers do not receive special city benefits in return. He has insisted he kept his private jobs and public duties separate, but until now had mostly refused to reveal the identities of those employers.
Florida – City Council Members Expand Oversight After Criticizing Lobbying Contract
Yahoo News – David Bauerlein (Florida Times-Union) | Published: 11/9/2023
Jacksonville City Council will be putting more attention on no-bid contracts by having the auditor’s office attend the meetings of the Procurement Division committees that vote on awards of city contracts for everything from construction to supplies to professional services. The council will also get reports every three months from the Procurement Division on all single-source awards during that time frame. The moves were in response to Mayor Donna Deegan hiring Langton Consulting in a $300,000 no-bid contract to perform federal lobbying and grant-writing.
Georgia – Ex-Trump Allies Detail Efforts to Overturn Election in Georgia Plea Videos
MSN – Amy Gardner and Holly Bailey (Washington Post) | Published: 11/13/2023
The defendants that accepted plea deals in the Georgia election interference case made recordings that were intended to lay out what they know and be used against the other defendants. Although some of the recordings were garbled, the portions of the four statements from lawyers Jenna Ellis, Kenneth Chesebro, and Sidney Powell, and Georgia bail bondsman Scott Hall, offered many previously undisclosed details about the effort by Trump and his allies to reverse his defeat.
Hawaii – Hawaii Ethics Panel to Push for More Disclosure of Lobbyists
Honolulu Civil Beat – Chad Blair | Published: 11/14/2023
Hawaii lawmakers in 2023 passed legislation that requires all state lawmakers to include in financial disclosures the names of lobbyists with whom they have a relationship. Now, the state Ethics Commission wants to revise the law so legislators who work for large employers and who know “or reasonably should know” who is on a lobbying list should also disclose those clients that meet the $5,000 threshold. The lobbying disclosure proposal was one of five tentatively approved by the commission for its legislative package for the 2024 legislative session.
Illinois – Brandon Johnson Wasn’t Supposed to Take Campaign Money from City Contractors, but He Did
Chicago Sun-Times – Robert Herguth and Tim Novak | Published: 11/9/2023
Chicago Mayor Brandon Johnson is not allowed to take campaign contributions from city contractors but has accepted them anyway. Christian Perry, Johnson’s political director, says taking the money was an “oversight” and it is being returned, about $46,500 in all. In some instances, it appears contractors were solicited for campaign cash by Johnson’s political fundraisers. His campaign aides thought it was all right to take money from city contractors as long as the amounts fell below a certain threshold. But the mayor was barred from taking any money from them after he was sworn in on May 15.
Illinois – Clout-Heavy Contractor Linked to Federal Investigations at City Hall and in the Suburbs
MSN – Jason Meisner, A.D. Quig, Sarah Freishtat, and Gregory Pratt (Chicago Tribune) | Published: 11/13/2023
James Bracken’s multifaceted businesses have garnered government contracts from across Cook County worth up to $250 million for demolition services, equipment rental, and materials. At the same time, Bracken and the businesses themselves have contributed nearly $375,000 over the past two decades to a wide array of local elected officials, including a half-dozen who have been charged or come under federal investigation. Now it is Bracken who finds himself embroiled in two separate federal criminal probes, both tied to his business enterprise.
Illinois – Ethics Board Finds Probable Cause Treasurer Melissa Conyears-Ervin Wrongfully Fired 2 Whistleblowers
Yahoo News – Gregory Pratt (Chicago Tribune) | Published: 11/14/2023
Chicago Treasurer Melissa Conyears-Ervin violated the ethics code by firing two top aides who alleged she repeatedly misused taxpayer resources and pressured public employees to help her political allies, according to a finding of probable cause by the city’s Board of Ethics. Over the coming months, Conyears-Ervin will have a chance to rebut the findings before the board issues a final ruling and potentially a fine.
Kentucky – Weddle’s Excess Giving to Beshear, Kentucky Democratic Party Under Investigation
Kentucky Lantern – Tom Loftus | Published: 11/10/2023
The Registry of Election Finance launched a civil investigation into the excess campaign contributions given by London Mayor Randall Weddle to the reelection campaign of Gov. Andy Beshear and the Kentucky Democratic Party. The action marks the first evidence that any public agency is investigating the bundles of more than $300,000 in donations to Beshear and the party. Registry Executive Director John Steffen said Weddle and his wife “may have violated” the state law that prohibits a person from giving excess donations to a candidate or political party by giving in the names of other persons.
Maryland – Ex-Baltimore Prosecutor Marilyn Mosby Guilty in Federal Perjury Trial
MSN – Dan Morse (Washington Post) | Published: 11/9/2023
Baltimore’s former top prosecutor, Marilyn Mosby, was convicted of two counts of perjury after she had been accused of lying about her finances to withdraw money from her city retirement account under a program designed to help people struggling financially during the coronavirus pandemic. Prosecutors said she falsely claimed to suffer from financial hardships to access $90,000 from retirement funds she later used to buy two homes in Florida. Mosby has denied wrongdoing, saying she did not defraud anyone.
Michigan – Judge Allows Trump on Michigan Primary Ballot as Critics Try to Bar Him
MSN – Patrick Marley (Washington Post) | Published: 11/14/2023
A judge ruled Donald Trump can appear on the primary ballot in Michigan, delivering the latest setback to those who contend Trump sparked an insurrection on January 6, 2021, and is barred from running for president again as a result. State Judge James Robert Redford wrote that courts do not have the authority to determine whether someone is eligible to run for office under Section 3 of the 14th Amendment. Redford also ruled Michigan Secretary of State Jocelyn Benson does not have the authority under state law to remove candidates from the ballot based on that provision.
Missouri – Rod Jetton’s Political Career Ended in Scandal. Now He’s Dean Plocher’s Chief of Staff
Missouri Independent – Jason Hancock | Published: 11/9/2023
Missouri House Speaker Dean Plocher’s new chief of staff is a former legislative leader whose political career was upended more than a decade ago by a federal bribery investigation and allegations of sexual assault. He is joining Plocher’s office as the speaker faces an ethics committee inquiry into allegations of misconduct and calls for him to resign from fellow Republicans.
Missouri – Missouri AG Bailey’s Office Quietly Removed ‘Public Corruption’ Complaint Form on Website
Yahoo News – Kacen Bayless (Kansas City Star) | Published: 11/16/2023
Missouri Attorney General Andrew Bailey’s office scrubbed from its website an online form that allowed residents to file complaints of public corruption against elected officials. An archive from May shows that the online form allowed users to issue complaints of criminal acts by public officials so long as the local police agency had a conflict-of-interest in investigating the matter. The decision has come under scrutiny in the wake of a series of scandals surrounding House Speaker Dean Plocher, who faces calls to resign after reports surfaced that he received government reimbursements for expenses paid for by his campaign.
Nebraska – A Boom of Ballot Initiatives Is Reshaping This State’s Democracy
MSN – Greg Jaffe (Washington Post) | Published: 11/15/2023
Today, Congress is so divided and ideologically polarized that it struggles to execute its most basic responsibilities. State Legislatures are often so dominated by a single party that the majority can push through its agenda with little regard for what most voters might prefer. In the two dozen states that allow citizen-sponsored referendums, Democrats and Republicans are turning to the ballot box to make law and in many cases overrule their elected officials. The initiatives have rolled across the country in waves in recent decades.
New Hampshire – New Hampshire Announces First-in-the-Nation Presidential Primary, Defying DNC
MSN – Azi Paybarah (Washington Post) | Published: 11/15/2023
New Hampshire Secretary of State David Scanlan set his state’s presidential primary for January 23, formalizing its defiance of the Democratic National Committee’s (DNC) reworked primary calendar, which aims to give voters in more racially diverse states an early voice in the nominating process. The DNC approved a plan this year to shuffle the order in which states would appear in its 2024 primary calendar. The plan calls for South Carolina to be the first primary state, followed by New Hampshire and Nevada a week later, then Michigan.
New York – FBI Seized Phones, iPad from New York Mayor Eric Adams in Escalation of Fundraising Investigation
ABC News – Jake Offenhartz (Associated Press) | Published: 11/10/2023
FBI agents seized phones and an iPad from New York City Mayor Eric Adams as part of an investigation into political fundraising during his 2021 campaign. The seizures happened as Adams was leaving a public event in Manhattan. A search warrant indicated authorities are examining whether the Adams campaign conspired with the Turkish government to receive donations from foreign sources, funneled through straw donors. The warrant also requested information about Adams’ use of the city’s public campaign finance program.
New York – Adams’ Compliance Lawyer Has Lobbied City Hall While Doing Work for His Campaign
MSN – Chris Sommerfeldt (New York Daily News) | Published: 11/10/2023
Vito Pitta, New York City Mayor Eric Adams’ longtime campaign compliance lawyer, has been getting paid by the campaign for consulting and legal services at the same time as his government relations firm has lobbied the mayor’s administration on behalf of a variety of private interests. There are no laws or regulations prohibiting the type of dual role Pitta has played but the situation raised conflict-of-interest concerns. Pitta is not the only Adams campaign adviser who has lobbied his administration in conjunction with working for him in a political capacity.
New York – New York’s Top Court Hears Democratic Attempt to Draw New Congressional Maps
Yahoo News – Bill Mahoney (Politico) | Published: 11/15/2023
New York’s top court heard oral arguments in a case that will determine whether the Democratic-dominated state Legislature will have another chance to draw maps for its 26-member congressional delegation. A Democratic victory in the Court of Appeals would let legislators make the lines for as many as seven Republican-held seats in New York friendlier to Democrats. The stakes are high: Democrats would have kept a majority in Congress in 2022 had they won five additional races.
Pennsylvania – Female Pa. Senators Want to Combat Sexual Harassment in Harrisburg, Following Scandal Involving a Top Aide to Gov. Josh Shapiro
MSN – Gillian McGoldrick (Philadelphia Inquirer) | Published: 11/14/2023
A bipartisan group of female state senators unveiled a package of legislation aimed at combatting sexual harassment at the Pennsylvania Capitol, following several high-profile allegations made against top officials this year, including state representative and a top aide to the governor. But the bills will not address some of the biggest priorities among victim advocates.
Pennsylvania – How a Lobbyist for Investment Contractors Ended Up Heading the Pa. Pension Board That Hires Them
MSN – Joseph DiStefano (Philadelphia Inquirer) | Published: 11/15/2023
Pennsylvania Gov. Josh Shapiro recently named Gregory Thall, a longtime government official who now works as a lobbyist, as chairperson of the $35 billion-asset State Employees Retirement System (SERS) pension plan. As a lobbyist for GSL Public Strategies Group, Thall disclosed a long list of the firm’s clients he registered to represent. They include Lubert-Adler Partners, which is one of more than 100 private money managers paid to invest public funds for SERS.
South Dakota – South Dakota Lawmakers Must List All Conflicts of Interest Ahead of Supreme Court Opinion
MSN – Annie Todd (Sioux Falls Argus Leader) | Published: 11/14/2023
South Dakota lawmakers will receive a letter asking them to list all possible conflicts-of-interest when it comes to their jobs outside of being legislators. Those responses will then be used in a brief that the South Dakota Supreme Court will examine while they make a decision regarding the broad nature of a constitutional provision banning lawmakers from having a either a direct or indirect conflict in state contracts during their terms and up to a year after they exit office.
West Virginia – Senate Democrat Joe Manchin Says He Will Not Seek Reelection
MSN – Liz Goodwin, Amy Wang, and Michael Scherer (Washington Post) | Published: 11/9/2023
U.S. Sen. Joe Manchin announced he would not seek reelection in 2024, setting back Democrats’ plans to hold onto their majority in 2024 and raising their fears he could get involved in the presidential race as a third-party candidate. Manchin had defied political gravity by holding onto his seat in the deeply red state of West Virginia but would have faced long odds against either Gov. Jim Justice or Rep. Alex Mooney, who are running in the Republican primary next year.
November 10, 2023 •
News You Can Use Digest – November 10, 2023
National/Federal To Help 2024 Voters, Meta Says It Will Begin Labeling Political Ads That Use AI-Generated Imagery ABC News – David Klepper (Associated Press) | Published: 11/8/2023 Facebook and Instagram will require political ads running on their platforms to disclose if they […]
National/Federal
To Help 2024 Voters, Meta Says It Will Begin Labeling Political Ads That Use AI-Generated Imagery
ABC News – David Klepper (Associated Press) | Published: 11/8/2023
Facebook and Instagram will require political ads running on their platforms to disclose if they were created using artificial intelligence (AI). Under the new policy by Meta, labels acknowledging the use of AI will appear on users’ screens when they click on ads. The rule takes effect January 1 and will be applied worldwide. The development of new AI programs has made it easier to quickly generate lifelike audio.
Congress Urges Judiciary to Take Final Steps to Clamp Down on Amicus Brief Lobbying
Courthouse News Service – Benjamin Weiss | Published: 11/3/2023
Lawmakers who for years have demanded the federal judiciary prevent organizations from swaying judges by gaming a common court practice urged the U.S. Judicial Conference to wrap up proposed rulemaking that would serve as a major check on such activity. Members of Congress, particularly Democrats, have long raised concerns that lobbying groups and other organizations use coordinated groups of amicus briefs to push courts toward favorable rulings.
Federal Trial of Pelosi Attack Suspect Renews Focus on Political Violence
DNyuz – Tim Arango and Holly Secon (New York Times) | Published: 11/9/2023
David DePape lived a solitary life, worked carpentry jobs and was seemingly obsessed with right-wing conspiracy theories on the internet. Then in October 2022, police said, DePape, broke into Nancy Pelosi’s San Francisco home and bludgeoned her husband when she was still House speaker. The authorities said he told investigators he intended to take hostage Pelosi, long a subject of virulent attacks by right-wing leaders and pundits. DePape’s trial spotlights the online disinformation cycle that has been fed by conspiracy theorists, conservative activists, elected officials, and media outlets.
Democratic Plan to Subpoena Supreme Court Justices’ Allies Faces Pushback
MSN – Ann Marimow (Washington Post) | Published: 11/8/2023
Democrats in Congress have tried unsuccessfully to press the Supreme Court to strengthen its ethics rules following revelations that some justices accepted and did not report free luxury travel, real estate deals, and gifts from wealthy benefactors. The Senate Judiciary Committee plans to vote to subpoena two wealthy benefactors, along with a judicial activist who helped shape the court’s conservative supermajority. But the path to obtaining the information Democrats are seeking will be contentious.
Campaign Fundraisers Are Hitting High Notes at Taylor Swift and Beyoncé Concerts
MSN – Hailey Fuchs (Politico) | Published: 11/8/2023
In a twist on the meet-and-greet events that routinely dot the fundraiser party circuit, some members of Congress are shaking hands with donors and others at concert venues, in VIP boxes, or suites. Just as the Federal Reserve credits Taylor Swift’s Eras Tour for boosting the tourism industry and the overall economy, Swift and Beyoncé’s Renaissance World Tour have been a means for lawmakers to boost their own campaign coffers.
Trump and Media Want a Televised Trial in D.C. The U.S. Doesn’t.
MSN – Spencer Hsu and Tom Jackman (Washington Post) | Published: 11/4/2023
A coalition of news organizations asked U.S. District Court Judge Tanya Chutkan to make an exception to the rule barring cameras from federal courtrooms for Donald Trump’s election subversion case and permit the televising, recording, or same-day release of video and audio recordings of his trial. Federal courts have long prohibited cameras in the courtroom, wary of feeding what the Supreme Court called a “carnival atmosphere” of publicity that could intimidate witnesses, sway jurors, or deprive criminal defendants of their due process rights.
A Law That Helped End Slavery Is Now a Weapon to End Affirmative Action
MSN – Julian Mark (Washington Post) | Published: 11/6/2023
The Civil Rights Act of 1866, which established citizenship for newly emancipated slaves, has become central to the legal battle over what is fair and equal when it comes to race in the workplace. In recent years, and especially since the U.S. Supreme Court overturned race-conscious college admissions in June, the Reconstruction-era law has emerged as a critical tool for conservatives intent on dismantling race-specific programs that promote “diversity, equity and inclusion,” or DEI.
Trump Appointee Sentenced to Nearly 6 Years for Attacking Police on Jan. 6
MSN – Rachel Weiner and Spencer Hsu (Washington Post) | Published: 11/3/2023
A Trump appointee to the State Department who assaulted multiple police officers at the Capitol on January 6, 2021, was sentenced to nearly six years in prison by a fellow veteran of the administration. Judge Trevor McFadden said he was “disturbed” that Federico Klein considered it part of his “duties” to attend the rally that day and join the protesters at the Capitol agitating for lawmakers to throw the election to Donald Trump. Officers testified Klein was at the front of the violent mob for nearly two hours, first helping to break a police line and then joining a Battle against officers guarding a tunnel into the building.
Trump Belief That 2020 Election Was Stolen Is Not a Defense, DOJ Says
MSN – Rachel Weiner, Spencer Hsu,and Tom Jackman (Washington Post) | Published: 11/6/2023
Prosecutors said they plan to show at trial that Donald Trump lied repeatedly about the results of the 2020 election as part of a conspiracy to subvert the legitimate results. But they also said they do not need to prove whether Trump believed he lost the race. Legal experts have debated the importance of Trump’s state of mind in his federal election subversion case, with some arguing that to win a conviction the government must pin down the true beliefs of a politician who amassed a long record of making false or misleading claims while president.
AI Policy Yields a Goldmine for Lobbyists
Yahoo News – Hailey Fuchs and Brendan Bordelon (Politico) | Published: 11/4/2023
Lobbyists are rushing to sign up artificial intelligence (AI) companies as clients and K Street firms also are being enlisted by industries and interest groups that want help influencing AI policy. Groups as disparate as the NFL Players Association, Nike, Amazon, and the Mayo Clinic have enlisted help from firms to lobby on the matter. Some lobbyists compared the boom in business opportunities to the cryptocurrency policy debate. But AI has the potential to be even bigger.
Appeals Courts Temporarily Lifts Trump’s Gag Order as He Fights the Restrictions on His Speech
Yahoo News – Alanna Durkin Richer and Eric Tucker (Associated Press) | Published: 11/3/2023
A federal appeals court temporarily lifted a gag order on Donald Trump in his 2020 election interference case in Washington, the latest twist in the legal fight over the restrictions on the former president’s speech. The U.S. Court of Appeals for the District of Columbia Circuit decision puts a hold on the limited gag order to give the judges time to consider Trump’s request for a longer pause on the restrictions while his appeals play out.
From the States and Municipalities
Radio New Zealand – Guyon Espiner | Published: 11/6/2023
A public relations and lobbying firm was embedded at New Zealand’s Commerce Commission, working on highly sensitive areas of competition policy at the heart of an inflation crisis. Staff from the Wellington consultancy SenateSHJ worked in the physical offices of the competition watchdog and were given Commerce Commission email addresses and devices. While Senate lobbied for private sector clients, the commission did not pay it for lobbying, only for communications and media training. Documents showed Senate worked on commission projects in the energy sector, despite representing private sector energy clients.
Arizona – Two Groups Making New Bid to Hide Names of Donors in Political Races
Arizona Capitol Times – Howard Fischer (Capitol News Services) | Published: 11/7/2023
Attorney Scott Freeman acknowledges that Maricopa County Superior Court Judge Scott McCoy rejected his bid to void Proposition 211. The judge ruled in June there is nothing unconstitutional about the voter-approved measure designed to prohibit “dark money” in campaigns. McCoy said Freeman’s clients could seek an exemption. The judge noted that would require either group to show “reasonable probability that disclosure of its contributors’ names will subject them to threats, harassment, or reprisals from either government officials or private parties.”
Arizona – Arizona Rep. Leezah Sun Decries ‘False Statements’ as Court Grants Restraining Order Against Her
Yahoo News – Ray Stern (Arizona Republic) | Published: 11/3/2023
Democratic leaders in the Arizona House filed an ethics complaint against Rep. Leezah Sun, who allegedly harassed and made a death threat to employees with the city of Tolleson. Sun recently denied an allegation claiming that she said she would throw a Tolleson lobbyist off a balcony to “kill her.” The complaint alleges Sun made threats against officials with the city, interfered with a lawful court order, violated state custodial interference laws, and engaged in disorderly conduct.
California – Judge Finds Eastman Culpable for Ethics Breaches in 2020 Bid to Keep Trump in Power
MSN – Kyle Cheney (Politico) | Published: 11/3/2023
A California judge made a “preliminary finding” that attorney John Eastman breached professional ethics when he aided Donald Trump’s bid to overturn the 2020 election, a milestone in the proceedings over whether Eastman should lose his license to practice law. Now, state bar officials are preparing to present “aggravation” evidence aimed at justifying their call to strip Eastman, a veteran conservative attorney who once clerked for Supreme Court Justice Clarence Thomas, of his law license.
California – Oakland’s Conflict of Interest Tracking System Isn’t Working
Oaklandside – Eli Wolfe | Published: 11/7/2023
There are state and local laws in California that prohibit government workers from having conflicts-of-interest. Local governments like Oakland require city employees and elected officials to disclose their personal finances so the public can be sure there is no hidden agenda behind a decision. The Oakland Public Ethics Commission is supposed to act as a bulwark against public corruption, and it can investigate and fine officials who violate the law. But the commission is struggling to make use of the city’s most basic conflict-of-interest tool, a document called Form 700.
Delaware – Ethics Agency Says Delaware Officials Improperly Paid Employees to Care for Seized Farm Animals
MSN – Randall Chase (Associated Press) | Published: 11/6/2023
Delaware’s ethics agency determined the state agriculture secretary and one of his top deputies violated the law by entering into no-bid agreements with Department of Agriculture employees to care for farm animals seized by animal welfare officials. The Public Integrity Commission ruled Agriculture Secretary Michael Scuse improperly agreed to pay one of his employees more than $90,000 as part of a no-bid agreement to take care of a flock of poultry after almost 500 birds were seized in May.
Florida – Miami Commissioner’s Campaign Pays City Staffer’s Company $100k. It’s Legal
WLRN – Joshua Ceballos | Published: 11/6/2023
Miami Commissioner Manolo Reyes is facing a longshot opponent in this year’s race who spent only a few hundred of his own dollars on his campaign. Yet the Reyes campaign has spent more than $200,000, and steered more than half the money to a public relations company that is owned by the wife of his chief of staff. County ethics rules do not prohibit government employees from working on campaigns if they do not use government resources or time, but the payments to Reyes’ top employee constitute the highest spending in what appears to be a less than competitive race.
Illinois – Edward M. Burke, ‘Figurehead of the Old Regime,’ Faces Historic Corruption Trial
Chicago Sun-Times – Jon Seidel | Published: 11/6/2023
Edmund Burke, Chicago’s longest serving city council member, is on trial, charged with racketeering, bribery, and extortion. The case is the result of an aggressive probe into the same old-school Chicago-style politics through which Burke built his power, and which he personified for decades. If found guilty, Burke would be the fourth current or former member of the council to be convicted in federal court in five years.
Illinois – City Summons Reporter to Court After He Asked Too Many Questions
DNyuz – Rebecca Carballo (New York Times) | Published: 11/6/2023
Officials in a Chicago suburb issued citations to a local news reporter after he persistently contacted elected officials about a flooding issue. The Daily Southtown published an article by Hank Sanders about consultants informing officials in Calumet City that storm water facilities were in “poor condition” before a recent flood swept through the community. Sanders continued to inquire about flooding issues after the article was published. His calls and emails drew complaints from Calumet City officials, including Mayor Thaddeus Jones, who is also a state representative.
Indiana – Indiana AG’s Remarks About Abortion Doctor Amount to Misconduct, Court Finds
MSN – Maria Luisa Paúl (Washington Post) | Published: 11/3/2023
Shortly after Roe v. Wade was overturned last year, Indiana Attorney General Todd Rokita accused a doctor who had helped a 10-year-old rape victim from Ohio terminate her pregnancy of being an “abortion activist” with “a history of failing to report” similar procedures to state officials. Those comments, which Rokita made about Caitlin Bernard during an appearance on Fox News, amounted to “attorney misconduct,” the Indiana Supreme Court ruled.
Kansas – Kansas Officials Downplayed Involvement in Marion Raid. Here’s What They Knew.
Kansas Reflector – Sherman Smith | Published: 11/6/2023
Marion Police Chief Gideon Cody enlisted the support of local and state law enforcement officials in the days before he led raids on the local newspaper office, the publisher’s home, and the home of a city council member. The Bureau of Investigation, Department of Revenue, Marion County Sheriff’s Office, and the Office of the State Fire Marshal, along with the county attorney and a magistrate judge, were complicit in the raid or knew it was imminent. But in the days that followed, they largely downplayed their involvement.
Kentucky – Democrat Andy Beshear Wins Reelection for Governor in Kentucky
MSN – Hannah Knowles and Dylan Wells (Washington Post) | Published: 11/7/2023
Democrat Andy Beshear defeated his Republican opponent Daniel Cameron to win reelection as Kentucky’s governor, securing a stark victory in a state Donald Trump won by 26 points. The results are a stark blow to Trump and Senate Minority Leader Mitch McConnell, both of whom endorsed Cameron, the state attorney general who tried to nationalize the race and remind voters of their party lines. He and his allies promoted an endorsement from Trump and attacked Beshear as a Joe Biden ally who clashed with Republicans on culture war issues.
Louisiana – New Orleans Employees May Have Violated State Laws with ‘Smart City’ Contract, Report Says
NOLA.com – Joseph Cranney | Published: 11/8/2023
Two city employees should not have participated in last year’s controversial selection of a public wi-fi contract and may have violated state ethics laws by not disclosing their ties to the winning bidder the New Orleans Office of Inspector General (OIG) said in a report. The OIG largely backed the conclusions of an earlier investigation by two outside firms hired by the city council, though neither probe found evidence of self-dealing. The state ethics board also cleared the employees, IT staffer Christopher Wolff and former Utilities Director Jonathan Rhodes, of any violations.
Louisiana – Decimated by Division, Louisiana Democrats Lost Before Balloting
Yahoo News – Emily Cochrane (New York Times) | Published: 11/4/2023
Before a ballot was cast, Louisiana Democrats knew they could not win control of the state Legislature this year. It was mathematically impossible because a lack of candidates meant they were not even contesting the majority of districts. Their best hope for political success was that Shawn Wilson would force a runoff against Jeff Landry, the state attorney general, in an open primary for governor. But when Landry won a majority of the primary vote, eliminating the need for a runoff, the results instead laid bare the bleak conditions of a state Democratic Party decimated by internal divisions, paltry fundraising, totals, and a disenchanted voter base.
Maine – Voters Pass Ban on Foreign Spending on Referendum Campaigns
Portland Press Herald – Randy Billings | Published: 11/7/2023
Maine voters approved a referendum to ban foreign governments and affiliated organizations from spending money on state and local referendum campaigns. Federal and state election laws already prohibit foreign nationals from contributing to candidates seeking office in Maine, but they do not ban foreign governments or entities from spending money to influence state and local referendums or elections.
Michigan – Divided House Passes Highly Debated Transparency Bills in Wee Hours of Morning
Detroit News – Beth LeBlanc | Published: 11/9/2023
The Michigan House approved financial disclosure requirements that opponents argued violated the spirit of the voter-mandated transparency reforms. The legislation would require annual financial disclosures of several statewide elected officials and lawmakers starting in April, meeting the requirements of the ballot measure approved a year ago. But the bills neglected to require similar disclosures from an official’s spouse and failed to close long-acknowledged loopholes in Michigan’s transparency laws.
Michigan – Detroit Enacts Ethics Reforms Following Free Press Investigation
MSN – Dave Boucher (Detroit Free Press) | Published: 11/8/2023
Detroit board members who set salaries for the mayor and other elected leaders are among many public officials who must now file new ethics disclosures in light of a Detroit Free Press investigation. Each member of the Elected Officials Compensation Commission – along with mayoral appointees on boards that oversee police, the water department, and other entities – will need to file new disclosures early next year.
Minnesota – Trump Can Appear on 2024 Primary Ballot in Minnesota, State Supreme Court Rules
MSN – Patrick Marley (Washington Post) | Published: 11/8/2023
The Minnesota Supreme Court ruled Donald Trump can appear on the primary ballot next year but left open the possibility he could be struck from the general election ballot because of the attack on the U.S. Capitol. The Minnesota case is one of several interlocking challenges that argue Trump cannot serve again under Section 3 of the U.S. Constitution’s 14th Amendment, which bars insurrectionists from holding office.
Missouri – Phelps County Judge Rules Missouri City Tried to ‘Intimidate’ Woman with Ban on City Hall Visits
Missouri Independemt – Rudi Keller | Published: 11/8/2023
A small Missouri town’s attempt to “intimidate and silence” a critic violated both her First Amendment rights and the state’s Sunshine Law, a judge ruled. Edgar Springs, a town of 200 in Phelps County, must pay a nominal fine of $150 to Rebecca Varney for banning her from City Hall for four years, and for holding several closed meetings with business that should have been conducted in public, Judge John Beger decided.
New York – Grievances, Insults, Tangents: Trump brings his 2024 campaign into the courtroom
MSN – Marianne LeVine (Washington Post) | Published: 11/6/2023
Donald Trump portrayed himself as the victim of “election interference” and a “political witch hunt.” He decried the “weaponization” of a judicial system he alleges, without evidence, is unfairly targeting him. But the former president was not speaking at a campaign rally. Instead, he was inside a courtroom. New York Attorney General Letitia James was alleging he and his company falsely inflated property values to gain lending advantages, and Trump was on the witness stand.
New York – FBI Raids Home of NYC Mayor Eric Adams’ Top Campaign Fundraiser as Part of Federal Corruption Probe
MSN – Chris Sommerfeldt, Thomas Tracy, and Michael Gartland (New York Daily News) | Published: 11/3/2023
FBI agents raided the home of Brianna Suggs, the manager of New York City Mayor Eric Adams’ campaign fundraising operation who has claimed credit for collecting more than $19 million for his political efforts over the years. The raid is part of a federal public corruption investigation into whether Adams’ 2021 campaign conspired with the Turkish government and a Brooklyn construction firm to funnel foreign money into the campaign’s coffers via straw donors.
North Carolina – In Earls Investigation, Federal Judge Wrangles with Key Question: How political can NC Supreme Court justices get?
WRAL – Will Doran | Published: 11/2/2023
North Carolina Supreme Court Justice Anita Earls is suing the state’s Judicial Standards Commission to stop an ethics investigation targeting her for critiques she made about racial, gender, and political biases at the state’s highest court. She says it is a violation of her First Amendment rights, and little more than an attempt to intimidate her into silence. The commission says judges are banned from making comments that might make people lose faith in the integrity of the judicial system. U.S. District Court Judge William O’Steen will decide whether to shut down the investigation.
Ohio – Ohio Voters Guarantee Abortion Rights 16 Months after U.S. Supreme Court Strikes Roe
MSN – Laura Hancock and Andrew Tobias (Cleveland Plain Dealer) | Published: 11/7/2023
Ohio voters passed a state constitutional amendment guaranteeing abortion rights and became the seventh state to side with reproductive rights since the U.S. Supreme Court overturned Roe v. Wade. Republican leaders in the General Assembly scheduled an August special election intended to thwart the abortion rights amendment by requiring all future constitutional amendments pass with a supermajority at the ballot box. That was defeated and Ohio’s abortion rights amendment only needed to pass with a simple majority.
Ohio – LaRose Uses State Newsletter to Promote Senate Campaign
Ohio Capital Journal – Marty Schladen | Published: 10/30/2023
Frustrated former employees told the press that in their office “everything revolved around” Ohio Secretary of State Frank LaRose’s run for U.S. Senate. Now, LaRose appears to be using the taxpayer-funded office’s newsletter in that campaign. As a state official, LaRose is not supposed to use state resources in his political campaigns. As secretary of state, it is important that he wall off politics from his official duties because LaRose administers elections, including those in which he is running.
Pennsylvania – Democrat Cherelle Parker Will Become Philadelphia’s First Female Mayor
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 11/7/2023
Democrat Cherelle Parker defeated Republican David Oh to become the 100th mayor of Philadelphia. She will be the first woman to hold the office when her four-year term begins in January. A former state representative and city council majority leader, Parker coasted to victory in the general election with a compelling personal story, a tough-on-crime platform, and strong backing from the Democratic establishment and organized labor.
South Dakota – South Dakota Governor Asks State Supreme Court About Conflict of Interest After Lawmaker Resigns
ABC News – Associated Press | Published: 11/3/2023
South Dakota Gov. Kristi Noem requested guidance from the state Supreme Court about conflict-of-interest rules for lawmakers, several weeks after a lawmaker resigned and agreed to repay $500,000 in federal COVID-19 relief she received for her day care business. Jessica Castleberry was a senator when she received the stimulus funding. Doing so violated a state Supreme Court advisory warning lawmakers it is unconstitutional for them to accept federal pandemic funding.
MSN – Leia Larsen (Salt Lake City Tribune) | Published: 11/8/2023
The private company behind a plan to dredge Utah Lake and turn it into an island city sued a leading critic, ecology professor Ben Abbott, for defamation. Abbott countersued, alleging the company was trying to stifle public debate about the proposal. Then, months later, Abbott found out his grant for a $500,000 watershed study funded by the Legislature had been canceled. “We were totally taken by surprise,” said Abbott, who teaches at Brigham Young University. “… I thought, ‘Does this have something to do with the islands situation?'”
Virginia – Virginia Democrats Projected to Sweep General Assembly, Dealing Blow to GOP
MSN – Gregory Schneider and Laura Vozzella (Washington Post) | Published: 11/7/2023
Virginia voters rejected Republican Gov. Glenn Youngkin’s costly efforts to take control of the Virginia General Assembly in the November 7 elections, flipping the House of Delegates to Democratic control and preserving a blue majority in the state Senate that can block his conservative agenda. Youngkin raised record sums of money and spent personal political capital pushing for full GOP control of both chambers. Whether Virginians rewarded or resisted Youngkin’s campaign was considered an indicator of voter attitudes ahead of next year’s presidential election.
Washington – The Financing of 6 Proposed WA Ballot Initiatives Is Being Investigated by the State PDC
Yahoo News – Shauna Sowersby (The Olympian) | Published: 11/7/2023
Six controversial ballot initiatives that are still in the signature-gathering process are under formal investigation by the Washington Public Disclosure Commission (PDC). The six initiatives are the efforts of Let’s Go Washington and sponsored by Brian Heywood, a Republican donor. Two allegations are listed on the PDC website, one for failing to accurately file reports that reflect “in-kind contribution details for the expenditures made, and which initiatives were supported” and the other for “failing to properly disclose the identity of a vendor for some of the in-kind contributions received from Brian Heywood.”
November 3, 2023 •
News You Can Use Digest – November 3, 2023
National/Federal Rep. George Santos Survives Effort to Expel Him from the House. But He Still Faces an Ethics Report ABC News – Kevin Freking and Stephen Groves (Associated Press) | Published: 11/1/2023 U.S. Rep. George Santos survived a vote to expel him […]
National/Federal
Rep. George Santos Survives Effort to Expel Him from the House. But He Still Faces an Ethics Report
ABC News – Kevin Freking and Stephen Groves (Associated Press) | Published: 11/1/2023
U.S. Rep. George Santos survived a vote to expel him from the House as most Republicans and 31 Democrats opted to withhold punishment while both his criminal trial and a House ethics committee investigation proceed. The effort to expel Santos was led by his fellow New York Republicans, who are anxious to distance themselves from a colleague infamous for fabricating his life story and accused of stealing from donors, lying to Congress, and receiving unemployment benefits he did not deserve.
Prosecutors Withdraw Second Subpoena in Trump Fund-Raising Inquiry
DNyuz – Alan Feuer and Maggie Haberman (New York Times) | Published: 10/26/2023
Federal prosecutors have withdrawn a subpoena seeking records from former President Trump’s 2020 campaign as part of their investigation into whether Trump’s political and fundraising operations committed any crimes as he sought to stay in power after he lost the election. The decision this week by special counsel Jack Smith to effectively kill the subpoena to the Trump campaign came on the heels of the withdrawal of a similar subpoena to Save America, the PAC that was formed by Trump’s aides shortly after he lost the race in 2020.
Supreme Court Skeptical of Lawyer’s Claim to Phrase ‘Trump Too Small’
MSN – Robert Barnes (Washington Post) | Published: 11/1/2023
Supreme Court justices across the ideological divide seemed skeptical that a California lawyer has a free speech right to trademark the double-entendre phrase “Trump Too Small” for use on T-shirts criticizing former President Trump. In fact, Chief Justice John Roberts opined, ruling for Trump critic Steve Elster could make it harder for others to create their own takes about the man running to reclaim his old job.
Trump’s Classified Documents Case Schedule May Be Delayed, Judge Cannon Says
MSN – Perry Stein and Devlin Barrett (Washington Post) | Published: 11/1/2023
The judge overseeing Donald Trump’s indictment for allegedly mishandling national security secrets suggested she might push back the planned trial timeline, as courts wrestle with the growing complexity of juggling four separate criminal cases and an ongoing civil trial against the former president. U.S. District Court Judge Aileen Cannon listened to prosecutors argue at a hearing for keeping the schedule she set earlier this year, which includes a trial in May 2024. Lawyers for Trump insisted they needed more time to prepare.
This Conservative Appeals Court’s Rulings Are Testing the Supreme Court
MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 10/26/2023
With a dozen judges nominated by Republican presidents, and only four by Democrats, the U.S. Court of Appeals for the Fifth Circuit is the favored launchpad for right-leaning politicians and organizations seeking groundbreaking judicial decisions restricting abortion, limiting gun laws, and thwarting the ambitions of the Biden administration. The Fifth Circuit’s work is drawing more U.S. Supreme Court review than that of any other among the dozen regional appeals courts, which operate one step below the high court. In the new term, the justices already have said they will review eight decisions from the New Orleans-based court.
Hearings Begin as Trump Critics Attempt to Kick Him Off Ballots
MSN – Patrick Marley (Washington Post) | Published: 10/27/2023
Judges are weighing an unprecedented and historic question: is former President Trump eligible to run for office again given his alleged role in the riot at the U.S. Capitol? A week-long hearing in Denver will explore whether January 6 qualified as an insurrection, which could bar Trump from the ballot in Colorado. The Minnesota Supreme Court will hear arguments about whether an obscure part of the Constitution might keep Trump off the ballot there. In coming weeks, courts around the country might hold similar proceedings.
Judge Reimposes Restrictions on Trump’s Speech in Jan. 6 Case
MSN – Rachel Weiner and Spencer Hsu (Washington Post) | Published: 10/29/2023
A federal judge reimposed limits on Donald Trump’s public statements in advance of his trial on charges of conspiring to subvert the results of the 2020 election. U.S. District Court Judge Tanya Chutkan put back in place an order she had lifted nine days earlier to give Trump and prosecutors more time to argue whether the restrictions were unconstitutional, as attorneys for the former president had claimed. Trump can now ask a higher court for an emergency stay pending appeal, but in the meantime, he is bound by Chutkan’s limits.
Mike Pence Suspends His Struggling 2024 Campaign
MSN – Maeve Reston and Marianne LeVine (Washington Post) | Published: 10/28/2023
Former Vice President Mike Pence suspended his campaign for the GOP presidential nomination, facing the reality there was little appetite for his candidacy among the legions of Republican voters who remain loyal to Donald Trump and viewed Pence as a traitor because he refused to follow Trump’s demands to overturn the 2020 election results. Pence’s years-long descent from first in line for the presidency to an also-ran reached a conclusion at a high-profile summit which brought together some of the most powerful Republican donors in one room.
News on TikTok and Instagram Is Booming, Signaling a New Era
MSN – Taylor Lorenz (Washington Post) | Published: 10/31/2023
News consumption hit a tipping point around the globe during the early days of the coronavirus pandemic, with more people turning to social media platforms such as TikTok, YouTube, and Instagram than to websites maintained by traditional news outlets, according to the Reuters Institute for the Study of Journalism. One in five adults under 24 use TikTok as a source for news. Britain’s Office of Communications said young adults in the United Kingdom now spend more time watching TikTok than broadcast media. As independent online producers of news programming rose to prominence, the ramifications for society are still coming into focus.
Democrats Plan to Subpoena Wealthy Benefactors of Supreme Court Justices
MSN – Ann Marimow (Washington Post) | Published: 10/30/2023
Senate Democrats announced plans to vote to subpoena a pair of wealthy conservatives and a judicial activist who have underwritten or organized lavish travel for some U.S. Supreme Court justices, a move that adds to the pressure on the court to strengthen its ethics policies. The Judiciary Committee leaders will vote to authorize subpoenas for information from billionaire Harlan Crow, a close friend and benefactor of Justice Clarence Thomas, and from Leonard Leo, the conservative judicial activist.
High Court Struggles on Whether Officials May Block Social Media Critics
MSN – Ann Marimow (Washington Post) | Published: 10/31/2023
The U.S. Supreme Court struggled to agree on how to determine when public officials can block critics from their private social media accounts, reviewing two cases that will have broad implications for citizen interactions with politicians online. All nine justices seemed to acknowledge the challenge and importance of defining when government employees are acting in an official capacity online, and therefore bound by First Amendment restrictions on censorship; and when they are acting as private citizens, with their own individual free speech rights.
From the States and Municipalities
Alabama – Alabama Legislators Study Past Ethics Proposals Ahead of Planned Revision Bill
Alabama Reflector – Ralph Chapoco | Published: 10/26/2023
Members of the House Ethics and Finance Committee discussed efforts since 2010 to amend Alabama’s ethics law. The gathering was the third in a series of “work meetings” providing legislators planning to draft legislation to update the existing law after a report released in 2019 recommending changes that included tightening language in the state’s ethics code and offering graduated penalties for specific violations.
Alabama – Local Journalists Arrested in Small Alabama Town for Grand Jury Story
MSN – Paul Farhi (Washington Post) | Published: 11/1/2023
A newspaper publisher and a reporter were arrested for publishing an article that officials said was based on confidential grand-jury evidence, a move that press-freedom advocates are characterizing as an unconstitutional attack on the news media. Publisher Sherry Digmon and reporter Don Fletcher of the Atmore News in Alabama were arrested after a story by Fletcher disclosed details of an investigation into the local school board’s payments to seven former school-system employees.
Arizona – Complaint Alleges GOP Lawmaker Illegally Used Campaign Cash to Attend J6
Arizona Mirror – Jerod MacDonald-Evoy | Published: 10/30/2023
An Arizona legislator who was among the rioting crowds at the U.S. Capitol on January 6, 2021, is facing a campaign finance complaint alleging he illegally used cash from a failed re-election bid to attend the insurrection, including airfare and a hotel stay. On January 5, Kern reported an expenditure for an airline ticket. On January 11, Kern reported an expenditure of $436.74 for travel and lodging at a Hyatt hotel.
Arizona – Arizona Prosecutors Ask About 2020 Pressure Campaign by Trump Allies
MSN – Yvonne Wingett Sanchez (Washington Post) | Published: 10/27/2023
The Arizona attorney general’s investigation into the coordinated attempt to overturn the 2020 election results by creating and sending documents to the federal government falsely declaring Donald Trump the winner is also zeroing in on the pressure placed on local officials by the former president’s key allies to help avert his loss. The investigation underscores the dramatically different approach that prosecutors from opposing parties have taken when weighing post-2020 activities.
California – Survey Says Residents Want More Information About Who’s Lobbying City Officials
Long Beach Post – Jason Ruiz | Published: 10/26/2023
Most respondents to a city survey about proposed changes to Long Beach’s lobbying rules said city officials should have to proactively disclose meetings with lobbyists, something they are not currently required to do. Those disclosures, respondents said, should be more frequent and robust than the law currently requires. The Long Beach Ethics Commission asked for the feedback as it is crafting changes to the city’s lobbying disclosure law. A new draft of the changes could be out as soon as November.
California – Free Speech Group Plans to Appeal S.F. Campaign Finance Law to U.S. Supreme Court
MSN – Bob Egelko (San Francisco Chronicle) | Published: 10/28/2023
San Francisco’s law requiring political ads to identify their top financial donors survived another challenge in federal appeals court, but nine conservative judges argued in dissent the law violates free speech. An attorney for opponents of the measure says he will appeal to the U.S. Supreme Court. The law went beyond disclosure mandates in state law by requiring committees financing local campaign advertisements to identify in the ads their top two donors of $5,000 or more.
California – Facing Strong Opposition, Bill Gore Withdraws from Consideration for San Diego Ethics Board
MSN – Jeff McDonald (San Diego Union Tribune) | Published: 10/30/2023
More than a month after being nominated by Mayor Todd Gloria to serve on the San Diego Ethics Commission, former Sheriff Bill Gore has withdrawn his nomination in the face of overwhelming opposition. Gloria’s nomination generated immediate backlash from criminal justice reform advocates and family members of people who died in San Diego County jails in recent years. According to sheriff’s department records, more than 170 people died in county jails on Gore’s watch since he was first appointed sheriff in 2009.
Florida – Florida Fights a Ruling That Halts Its Lobbying Restriction
WMNF – Jim Saunders (News Service of Florida) | Published: 10/26/2023
Pointing to securing the “public trust,” Florida Attorney General Ashley Moody asked a federal appeals court to overturn a decision that blocked part of a 2018 state constitutional amendment imposing new restrictions on lobbying. U.S. District Court Judge Beth Bloom issued a permanent injunction against a restriction on state and local officials lobbying other government bodies while in office. Bloom said the constraint violated First Amendment rights.
Florida – No Ethics Charges for Ivey Over Election Scandal After Candidates Decline to Give Testimony
Yahoo News – Eric Rogers (Florida Today) | Published: 10/30/2023
Brevard County Sheriff Wayne Ivey will not face ethics charges related to allegations of interference in the 2022 elections, after the candidates who came forward declined to talk to state investigators, according to the Florida Commission on Ethics. Ivey admitted making offers to the candidates in an interview with investigators but denied it was meant to sway their decisions to run, the allegation at the heart of the ethics complaint.
Georgia – Georgia’s Congressional Map Violates Voting Rights Act, Court Finds
Yahoo News – Zach Montellaro (Politico) | Published: 10/26/2023
A federal court found Georgia’s congressional map violates the Voting Rights Act, the latest Southern state to have its map struck down for discriminating against Black voters. A judge ordered the state Legislature to redraw the lines by early December. The opinion said Black voters’ power had been diluted following extensive population growth in the state that has been disproportionately powered by Black residents. Gov. Brian calling the Legislature into special session on November 29 to handle redistricting.
Hawaii – Hawaii Ethics Commission Steps Up Training of Government Employees
Honolulu Civil Beat – Chad Blair | Published: 10/20/2023
Since a new law requiring state legislators and employees to complete live or online ethics training classes every four years went into effect January 1, the number of people taking the course has increased as compared to 2021. That is due in part because an online, self-directed version of the course was introduced in 2020, when the pandemic forced many people to work from home. But there are still hundreds of workers that have not taken the training, either online or live via webinar or in-person classes.
Illinois – How the Massive Power Ed Burke Wielded Paved the Way for His Alleged Corruption
WBEZ – Fran Spielman (Chicago Sun-Times) and Mariah Woelfel | Published: 10/31/2023
As Chicago Ald. Ed Burke prepares to stand trial on sweeping corruption charges in a racketeering indictment, the path to this moment was paved in part by the enormous power he gained through “scratch my back” politics, including aldermanic prerogative. Also known as aldermanic privilege, the practice is an entrenched, off-the-books power that gives council members unquestioned say over a broad range of decisions – from zoning matters to parking permits. Despite efforts to curb it, that tradition continues to this day.
Maine – Maine Considers Closing Loophole That Allows Foreign Government Spending on Referendums
The Hill – David Sharp (Associated Press) | Published: 11/2/2023
Maine voters will decide whether to ban foreign influence in elections, many of them irked over the $22 million a Canadian utility spent to fight state referendums on a hydropower transmission project. Hydro Quebec, owned by the Canadian province, exploited an election law loophole to fight attempts to stop the project on which the utility stood to gain $10 billion. If voters grant their approval on November 7, Maine would be the 10th state to close the loophole in federal election law that bans foreign entities from spending on candidate elections, yet allows donations for local and state ballot measures, said Aaron McKean of the Campaign Legal Center.
Energy and Policy – Dave Anderson | Published: 10/26/2023
Maryland utility regulators ordered a new audit of Potomac Edison after the FirstEnergy-owned utility admitted in a rate case that it owes nearly $1.7 million in refunds to Maryland customers it wrongly charged for bribes, lobbying, corporate sponsorships, advertising, and other expenses. The new audit will seek to ensure that Potomac Edison’s wrongful charges to customers in Maryland are fully accounted for and refunded.
Michigan – Financial Disclosure Bills Pass Michigan Senate with Limited Revisions
MSN – Simon Schuster (MLive) | Published: 11/2/2023
The Michigan Senate passed legislation laying out what state politicians must show the public in new personal financial disclosures, after slightly expanding the requirements amid criticism the bills leave too much in the dark. Elected officials and candidates in the legislative and executive branches of state government will have to list their sources of income, but not the amount, and list assets and liabilities under the bills. A sticking point remains the amount of information candidates or elected officials must list about family members.
Mississippi – Gov. Tate Reeves’ Top Political Donors Received $1.4 Billion in State Contracts from His Agencies
Mississippi Today – Julia James, Geoff Pender, Bobby Harrison, Taylor Vance, and Adam Ganucheau | Published: 10/31/2023
Of the 88 individual or corporate donors who have given Gov. Tate Reeves’ campaigns at least $50,000, Mississippi Today identified 15 donors whose companies received a total of $1.4 billion in state contracts or grants since he took office in 2020. The investigation reveals how private companies, whose executives routinely donate large sums to politicians, can rake in hundreds of millions in taxpayer funds while having the ear of powerful elected officials.
Missouri – Missouri House Ethics Committee Begins Inquiry into Personnel Moves by Dean Plocher
Missouri Independent – Rudi Keller | Published: 10/27/2023
The Missouri House Ethics Committee met behind closed doors to discuss a “personnel inquiry” in a meeting that had been widely expected to focus on beleaguered House Speaker Dean Plocher. The committee, which reviews complaints against House lawmakers, is scheduled to meet again to discuss the same inquiry on November 8. The meeting came as Plocher, who is running for lieutenant governor in 2024, is facing calls to resign after reports surfaced he received government reimbursements over several years for expenses also paid for by his campaign. He has started to pay back the money he improperly received.
New Jersey – Corruption, Backroom Deals, Local Politics Mire N.J.’s Legal Weed Rollout, Businesses Say
MSN – Jelani Gibson (NJ Advance Media) | Published: 10/30/2023
New Jersey promised a fair and ethical cannabis industry in which mom-and-pop shops would thrive. The law crafted by state legislators allowed towns, with little oversight, to authorize who can sell the product legally. Cannabis entrepreneurs seeking a piece of the billion-dollar industry are saying they are being exposed to extortion and intimidation. Municipalities can set their own fees, licensing schemes, and preferences independent of state supervision in a way that exceeds virtually every other regulated industry including liquor licenses.
New Jersey – Head of NJ Elections Watchdog Retires After Surviving Murphy’s Ouster Attempt
MSN – Ashley Balcerzak (Bergen Record) | Published: 11/1/2023
Jeff Brindle, longtime executive director of the New Jersey Election Law Enforcement Commission (ELEC), officially retired, roughly a year after the Murphy administration sought to oust him from the position. Brindle filed two lawsuits this year against Gov. Phil Murphy, one alleging a conspiracy “to extort and force” his resignation and a second challenging the constitutionality of a controversial bill that overhauled ELEC. Deputy Director Joe Donohue will serve as acting executive director while the commission conducts a search for a replacement for Brindle.
New Jersey – How Menendez Tried and Failed to Place an Ally in a Key Federal Post
Yahoo News – Benjamin Weiser, Nicholas Fandos, and Tracy Tully (New York Times) | Published: 10/30/2023
U.S. Sen. Robert Menendez went to great lengths to try to secure a friendly prosecutor in New Jersey’s top federal law enforcement position. Far from being routine politics, Menendez’s attempts to fill the position were part of a brazen scheme to sell his office for cash, gold bars, and a Mercedes-Benz convertible, a federal indictment says.
New York – Noncompete Campaign Raises Lobbying Questions
Albany Times Union – Joshua Solomon | Published: 10/27/2023
A dispute over whether the actions by the Public Policy Institute of New York State, the nonprofit arm of the state’s Business Council, are considered lobbying raises questions on what the nonprofit must report, including whether it has to disclose its donors for a campaign concerning noncompete agreements that is valued at more than five times the charity’s typical spending in a year. The nonprofit’s spokesperson, James Freedland, said the institute is not seeking to influence elected officials, a statement that government watchdogs dispute.
New York – N.Y. Ethics Watchdog Revising 2024 Legislative Agenda
Spectrum News – Kate Lisa | Published: 11/1/2023
State ethics commissioners worked on fine-tuning their legislative agenda for 2024, setting sights on how New York lawmakers can change policy to best regulate lobbying and ethical behavior of elected officials when they return to Albany in January. Members of the Commission on Ethics and Lobbying in Government held a public roundtable and discussed plans to press the Legislature to better regulate ethics training required for lobbyists, including a daily late fee for lobbyists and clients who fail to complete it in the required timeframe.
Oklahoma – Ryan Walters Reported $5,000 Campaign Donation a Year Late. It May Cost Him
MSN – Nolan Clay (Oklahoman) | Published: 11/1/2023
State Superintendent of Public Instruction Ryan Walters finally disclosed a $5,000 donation to his 2022 campaign from a PAC one year after the report was due. The 1776 Project made the donation on October 31, 2022. It says on its website it is “committed to abolishing critical race theory … from the public school curriculum.” Walters was supposed to report the contribution within 24 hours because it was received just days before the general election.
Virginia – An Election Chief Says the ‘Big Lie’ Ended Her Career. She’s Fighting Back.
MSN – Justin Jouvenal (Washington Post) | Published: 11/2/2023
Lynchburg Registrar Christine Gibbons was removed from her position, accused of corruption, taken to court, and reported to police for supposedly siphoning votes to Joe Biden in the 2020 election. A Republican who called for Gibbons’ firing and attended the “Stop the Steal” rally in Washington on January 6, 2021, was appointed as one of her bosses on the local election board. Gibbons filed a lawsuit, which contends the election board violated her First Amendment right to free political association by removing her for purely partisan reasons. It is among the first in the country to make that argument.
Virginia – Va. AG Will Probe Fundraising of Pro-Palestinian Group
MSN – Justin Jouvenal (Washington Post) | Published: 10/31/2023
Virginia Attorney General Jason Miyares announced his office will investigate the fundraising of one of the nation’s most prominent nonprofit organizations dedicated to educating the public, lobbying Congress, and organizing rallies for pro-Palestinian causes. Miyares said his office has “reason to believe” the Northern Virginia-based American Muslims for Palestine may not be complying with state rules on charitable giving and will investigate allegations lodged in a federal civil suit that the group provides indirect support to Hamas. AMP denied the allegations and called them not only “defamatory, but dangerous.”
Virginia – Youngkin ‘Purge’ Removed Nearly 3,400 Legal Virginia Voters from Rolls
MSN – Laura Vozzella (Washington Post) | Published: 10/29/2023
Virginia Gov. Glenn Youngkin’s elections team has admitted in the run-up to pivotal General Assembly elections that it removed nearly 3,400 qualified voters from the state’s rolls, far higher than the administration’s previous estimate of 270. Elections officials acknowledged what it called the mistaken removal five weeks after early voting began for the November 7 elections. The outcome will determine the fate of Youngkin’s conservative legislative agenda.
Washington – WA Lawmaker Plans Hiatus from Think Tank Job to Comply with Ethics Rules
Washington State Standard – Jerry Cornfield | Published: 10/27/2023
State Rep. Chris Corry appeared to satisfy concerns of an ethics panel so he can continue working for the Washington Policy Center without violating any conflict-of-interest laws. He became director of the conservative think tank’s Center for Government Reform in May. Corry could have faced an investigation and punishment by the Legislative Ethics Board if he kept both posts.
Wisconsin – Wisconsin’s Democratic Governor Sues Republican Legislature Over Blocking Basic Functions
ABC News – Scott Bauer (Associated Press) | Published: 10/31/2023
Democratic Gov. Tony Evers sued the Republican-controlled Wisconsin Legislature, arguing it is obstructing basic government functions, including signing off on pay raises for university employees that were previously approved. Evers is asking the state Supreme Court to take the case directly, bypassing lower courts. Evers argues committees controlled by a few Republican lawmakers are being used by the Legislature to “reach far beyond its proper zone of constitutional lawmaking authority.”
Wyoming – Bills Would Add Voter Requirements, Expand Campaign Donor Reporting
Gillette News Record – Hannah Shields (Wyoming Tribune Eagle) | Published: 10/27/2023
The Joint Corporations, Elections and Political Subdivisions Committee advanced bill drafts that could create significant changes to existing Wyoming election laws. One bill would add a 30-day residency requirement prior to Election Day. Another would expand the definition of an organization to include “any group of two … or more persons that … pools or otherwise jointly expends funds totaling in aggregate more than ($1,000).” The proposed legislation would allow groups to report campaign expenditure or electioneering communication without registering as a PAC.
October 27, 2023 •
News You Can Use Digest – October 27, 2023
National/Federal Meadows Granted Immunity, Tells Smith He Warned Trump About 2020 Claims: Sources ABC News – Katherine Faulders, Mike Levine, and Alexander Mallin | Published: 10/24/2023 Former President Trump’s final chief of staff in the White House, Mark Meadows, has spoken with […]
National/Federal
Meadows Granted Immunity, Tells Smith He Warned Trump About 2020 Claims: Sources
ABC News – Katherine Faulders, Mike Levine, and Alexander Mallin | Published: 10/24/2023
Former President Trump’s final chief of staff in the White House, Mark Meadows, has spoken with special counsel Jack Smith’s team at least three times this year, including once before a federal grand jury, which came only after Smith granted Meadows immunity to testify under oath, according to sources familiar with the matter. The sources said Meadows informed Smith’s team that he repeatedly told Trump in the weeks after the 2020 presidential election that the allegations of significant voting fraud coming to them were baseless.
An Unsanctioned Coterie of Pro-Israel Quasi-Lobbyists Has Descended on D.C.
MSN – Hailey Fuchs and Caitlin Oprysko (Politico) | Published: 10/22/2023
An ad hoc group of donors, activists, and allies have moved swiftly to help Israel. They have leveraged their political clout, their relationships with lawmakers, and their fundraising networks to do so. Their goal is to shape how elected officials in the U.S. react to the crisis. But their work also underscores how much of the political fight around the nascent war is being done on the fly; and how much is being waged in unconventional theaters: college campuses, corporate boardrooms, K Street offices. and Capitol Hill restaurants.
New House Speaker Mike Johnson Faces Herculean Task of Uniting Republicans
MSN – Marianna Sotomayor, Amy Wang, Leigh Ann Caldwell, Theodoric Meyer, and Jacqueline Alemany (Washington Post) | Published: 10/25/2023
Rep. Mike Johnson, a lesser-known conservative who has been a devoted follower of former President Trump was elected as speaker of the House, reopening the chamber for legislative business after a 21-day paralysis because the fractious Republican conference could not coalesce around a single nominee. Johnson now faces the herculean task of uniting a deeply ideologically fractured conference that is tasked with averting a government shutdown in less than a month, sending supplemental aid to Israel and other foreign countries, and passing reauthorization bills before the end of the year.
Special Counsel Urges Judge to Crack Down Further on Trump’s Comments
MSN – Devlin Barrett (Washington Post) | Published: 10/25/2023
Special counsel Jack Smith argued that recent comments by Donald Trump show not only that a federal gag order should be reimposed, but the court should weigh stricter sanctions, including sending him to jail, if he keeps talking about witnesses in his case. The filing was one of four made by the special counsel’s office on a range of legal issues in preparation for Trump’s planned trial on charges he conspired to obstruct Joe Biden’s electoral victory. Trump’s public statements attacking prosecutors, court personnel, and others have raised alarms among judges who worry such broadsides might inspire someone to commit violence.
Clarence Thomas’s RV Loan Was Forgiven, Senate Committee Report Says
MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 10/25/2023
Senate Finance Committee Chairperson Ron Wyden called on Supreme Court Justice Clarence Thomas to tell the panel whether he declared more than $250,000 of loan forgiveness on his tax filings. Wyden released a report that details a loan Thomas received from a friend, Anthony Welters, to buy a luxury Prevost Marathon motor coach in 1999. The report said Thomas made some interest payments on the $267,230 loan, but it was declared settled by Welters in 2008 without Thomas repaying a substantial portion, or perhaps any, of the principal.
Congressman Charged with Pulling False Fire Alarm in House Building
MSN – Peter Hermann and Clarence Williams (Washington Post) | Published: 10/25/2023
Rep. Jamaal Bowman was criminally charged with pulling a false fire alarm that forced the evacuation of the Cannon House Office Building as lawmakers scrambled to avert a government shutdown. Bowman was charged in a judicial summons, meaning he was not arrested. In an affidavit filed in court, authorities allege Bowman tried to open an emergency door and, when that failed, pulled a fire alarm and walked away and did not report his actions to police.
Elon Musk’s X Removes New York Times’ Verification Badge
MSN – Drew Harwell (Washington Post) | Published: 10/19/2023
The social media platform X, formerly known as Twitter, removed the gold “verified” badge from the New York Times’ account amid ongoing complaints about the news organization from X owner Elon Musk. The badge was the only symbol distinguishing the Times’ 55-million-follower account from impostors amid two major global conflicts in Israel and Ukraine. The move further extends Musk’s attempts to use the social media company he bought with claims of defending free speech to undercut news organizations he dislikes.
Lawsuit Aims to Slam Shut Loophole That Lets Political Parties Skirt Campaign Finance Law
MSN – Kathleen Culliton (Raw Story) | Published: 10/23/2023
A loophole that allows political parties to bypass campaign finance limits now faces a new legal challenge from watchdog groups in Washington D.C. The Campaign Legal Center and OpenSecrets filed a lawsuit against the FEC, which they hope will create new disclosure rules for national political party committee accounts. The loophole links back to the 2014 “Cromnibus” and an amendment to the Federal Election Campaign Act that allows parties to draw funds from “special purpose accounts,” according to the complaint.
Trump Files New Challenges to Federal Election Obstruction Case in D.C.
MSN – Spencer Hsu and Perry Stein (Washington Post) | Published: 10/24/2023
Donald Trump launched a multipronged legal attack on his federal prosecution for allegedly subverting the results of the 2020 election, saying his actions were protected by the First Amendment as political speech and arguing he cannot be tried in criminal court for trying to block Joe Biden’s victory after being impeached by the House but acquitted by the Senate. While aspects of Trump’s case raise historic legal questions, the motions are fairly typical for criminal defendants trying to challenge the legal sufficiency of the charges against them.
Top Groups’ Lobbying Spending Drops in Divided Congress
MSN – Caitlin Reilly (Roll Call) | Published: 10/23/2023
Total spending on lobbying by the biggest interest groups fell in the first three quarters of 2023 compared to last year amid partisan gridlock in a divided Congress. The dip came as the steady clip of major laws that moved through the last Congress slowed to a trickle this session with Democrats controlling the Senate and Republicans the House, where GOP leadership has struggled to maintain control of its conference.
How Ron DeSantis’ Super PAC Is Taking Financial Pressure Off His Campaign
NBC News – Alec Hernández and Bridget Bowman | Published: 10/20/2023
With three months to go until the first contest of the Republican nominating race, Florida Gov. Ron DeSantis continues to lean heavily on Never Back Down for support across the early states, and his most recent campaign finance report demonstrates how the super PAC has helped cover costs that otherwise might have drained DeSantis’s own campaign treasury. Beyond playing an extensive role in the governor’s campaign schedule and travel, the super PAC is also responsible for a large door-knocking operation in Iowa and running a slew of voter coalitions supporting DeSantis.
Appeals Court Upholds Broad Use of Obstruction Law That Prosecutors Have Deployed Against Trump
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/20/2023
Federal prosecutors avoided an appeals court ruling that could have upended their criminal prosecution of Donald Trump, but the legal battle will continue over a federal obstruction statute that has become a cornerstone of cases stemming from the storming of the Capitol. A panel of the District of Columbia Circuit Court of Appeals ruled there are numerous ways for the government to prove January 6 defendants acted “corruptly” when seeking to obstruct Congress’ proceedings. A ruling that narrowly construed the meaning of “corruptly” could have derailed the prosecution of Trump on an obstruction charge.
Supreme Court to Decide if Biden Admin Illegally Bullied Social Media into Censoring Content
Yahoo News – Kyle Cheney and Rebecca Kern (Politico) | Published: 10/20/2023
The Supreme Court will determine whether the Biden administration violated the Constitution when it pressured technology companies to remove from their platforms what federal officials said was false or misleading content about the 2020 election and Covid-19. In taking the case, the justices also blocked the lower court’s injunction that would have barred many types of contact between federal officials and the social media giants. The action means administration officials can keep contacting social media companies for now while the justices weigh the case.
From the States and Municipalities
California – Sacramento Ethics Commission Dismisses Campaign Contribution Complaint after Investigation
Capital Public Radio – Kristin Lam | Published: 10/25/2023
The Sacramento Ethics Commission dismissed a complaint against mayoral candidate Flojuane Cofer and found she did not violate a campaign fundraising rule. Voting unanimously, the commission disagreed with part of an independent evaluator’s recommendation on how to deal with the complaint. The investigator found the city’s campaign contribution rules surrounding off-year elections are confusing.
California – Is Anaheim’s Fall of Reform Going to Freeze Over?
Voice of OC – Hosam Elattar | Published: 10/25/2023
Anaheim’s elected officials continue a rollout of reform proposals, but it is unclear how many overhauls will be made to a City Hall hit with one of the biggest corruption scandals in Orange County history. It comes as some Disney-backed city council members question if reforms are needed, like bolstering whistleblower protections, consequences for misconduct by elected officials, decreasing the city manager’s purchasing power, and overhauling lobbyist rules. The discussions come months after independent investigators alleged the city was essentially controlled by lobbyists and Disneyland resort interests.
Colorado – A New Law Has Stricter Regulations for Campaign Finance. What Does That Mean for Pueblo?
Pueblo Chieftan – Anna Lynn Winfrey | Published: 10/23/2023
A new law in Colorado imposes new requirements for how long campaign finance records are kept and sets contribution limits for municipal races. But as a home rule city, Pueblo has the jurisdiction to craft its own regulation on campaign finance. Because of the expected timing of a mayoral runoff race in January, after the bill goes into effect, the city council is expected to vote soon on an ordinance that would effectively freeze the current rules in place. Councilors could adopt more stringent requirements later, if desired.
Florida – Mayor Donna Deegan Approves No-Bid Contract for a Firm That Backed Her Campaign
MSN – David Bauerlein (Florida Times-Union) | Published: 10/24/2023
A company whose owner hosted a campaign event for Jacksonville Mayor Donna Deegan in January won a no-bid contract worth $300,000 for federal grant-writing, lobbying, and policy development after the city determined no other firm in the nation could provide all those services. The city typically requires competitive bidding, but the Professional Services Evaluation Committee recommended Deegan approve the one-year contract to Langton Consulting without seeking proposals from any other firms.
Florida – Florida Rule Would Limit Talk of ‘Social Issues’ at Public Universities
Yahoo News – Divya Kumar (Tampa Bay Times) | Published: 10/23/2023
A proposed regulation aimed at restricting diversity programs and social activism at Florida’s public universities has stirred confusion, with some saying its broadly worded passages could limit free speech. The regulation, when approved, will determine how the state enforces the law pushed by Gov. Ron DeSantis that seeks to gut diversity, equity, and inclusion programs at colleges and universities.
Florida – Florida Ethics Panel Says County Commissioner Steele Can Resume Lobbying for Municipalities
Yahoo News – Dave Berman (Florida Today) | Published: 10/24/2023
Brevard County Commissioner Jason Steele was given the green light to resume his lobbying work. including for municipalities within the county, while he continues to serve as commissioner. The Florida Commission on Ethics approved an advisory opinion from its legal staff that said there currently is nothing illegal about Steele lobbying on behalf of clients, as long as he does not lobby before the county commission and does not use nonpublic information he obtained as a commissioner for his lobbying work.
Georgia – Trump Co-Defendant Kenneth Chesebro Pleads Guilty in Georgia Election Case
MSN – Holly Bailey and Amy Gardner (Washington Post) | Published: 10/20/2023
Kenneth Chesebro, a former lawyer for Donald Trump’s campaign, pleaded guilty to illegally conspiring to overturn Trump’s 2020 election loss in Georgia, striking a deal in which he will avoid jail time and agreed to provide evidence that could implicate other defendants, including Trump himself. Chesebro pleaded guilty to a single felony count of conspiracy to file false documents. The charge relates to his role organizing slates of pro-Trump electors to meet in seven states where Joe Biden had won.
Georgia – Jenna Ellis Becomes Latest Trump Lawyer to Plead Guilty Over Efforts to Overturn Georgia’s Election
Yahoo News – Will Weissert and Kate Brumback (Associated Press) | Published: 10/24/2023
Attorney and conservative media figure Jenna Ellis pleaded guilty to a felony charge over efforts to overturn Donald Trump’s 2020 election loss in Georgia. Ellis, the fourth defendant in the case to enter into a plea deal, was a vocal part of Trump’s reelection campaign in the last presidential cycle and was charged alongside the Republican former president and 17 others. Ellis pleaded guilty to one felony count of aiding and abetting false statements and writings. She had been facing charges of violating Georgia’s Racketeer Influenced and Corrupt Organizations Act and soliciting the violation of oath by a public officer, both felonies.
Hawaii – Hawaii Budget Director’s Conflict of Interest: He owns HECO stock
Honolulu Civil Beat – Stewart Yerton | Published: 10/26/2023
Hawaii’s state budget and finance director is facing an ethical dilemma as Gov. Josh Green’s administration works to establish a fund for victims of the Maui wildfires. Luis Salaveria, who is playing a role in planning the fund that would benefit Hawaiian Electric Industries, also owns Hawaiian Electric stock. That should disqualify Salaveria from taking any official action that could affect the company, according to the state ethics code. But what, if anything, Salaveria plans to do to address the situation is unclear.
Hawaii – Hawaii Bribery Scandal Casts a Shadow Over Lahaina’s Ruins
Yahoo News – Blaze Lovell (New York Times) | Published: 10/25/2023
As Maui County recovers from the devastating wildfires that killed at least 99 people, millions of dollars will be spent on rebuilding critical infrastructure using a flawed contract-monitoring system that is marred by bribery and a lack of competition. A recent bribery case prompted some county officials to begin phasing out the use of sole-source contracts, but the practice is still in use in the county. That very little has changed since the bribery scandal was revealed could leave the door open for some contractors to take advantage of the disaster or for government money to be wasted.
Illinois Public Radio – Robert Herguth (Chicago Sun-Times) | Published: 10/20/2023
In May, the General Assembly passed a bill to ban campaign contributions from the red-light camera industry that has been embroiled in a bribery scandal still unfolding in federal court. Among those backing the bill was Illinois Senate President Don Harmon. Less than six weeks later, his campaign accounts accepted two contributions totaling $5,000 from Redspeed Illinois, a contractor operating red-light cameras in a number of Chicago-area municipalities. Bernadette Matthews, executive director of the state elections board, said the new law does not include penalties for violators.
Kentucky – Louisville Metro Councilman Anthony Piagentini Found in Violation of Ethics Rules
MSN – Eleanor McCrary (Louisville Courier Journal) | Published: 10/19/2023
Louisville Metro’s Ethics Commission found Councilperson Anthony Piagentini in violation of six ethics rules after he was accused of using his city position to land a $40 million grant for the Louisville Healthcare CEO Council, which then hired him. The commission also unanimously voted to recommend to the Metro Council that he be removed from his seat, but that decision ultimately lies with his 25 peers. Piagentini also received a penalty of $500 per violation.
Louisiana – Supreme Court Agrees with Delay on Drawing New Louisiana Congressional Map
MSN – Robert Barnes (Washington Post) | Published: 10/19/2023
The U.S. Supreme Court agreed with a delay on proceedings that could lead to creating a second congressional district in Louisiana where Black voters make up a large-enough share of the electorate to have a significant chance of electing their preferred candidate. The justices rejected requests by Black voters challenging a map passed by the state’s Republican-led Legislature to allow a lower court judge to proceed in coming up with a new map. The order indicates that once litigation over the issue is completed, the Legislature might get a chance to draw a revised map.
Maine – Inside Poland Spring’s Hidden Attack on Water Rules It Didn’t Like
Yahoo News – Hiroko Tabuchi (New York Times) | Published: 10/24/2023
When Maine lawmakers tried to rein in large-scale access to the state’s freshwater this year, the effort initially gained momentum. Then a Wall Street-backed giant called BlueTriton stepped in. Americans today buy more bottled water than any other packaged drink, and BlueTriton owns many of the nation’s biggest brands. Maine’s bill threatened the company’s access to the groundwater it bottles and sells. The legislation had already gotten a majority vote on the committee and was headed toward the full Legislature, when a lobbyist for BlueTriton proposed an amendment that would eviscerate the entire bill.
Massachusetts – Ryan and Stephanie Fattman Agree to Record Fines to Settle Campaign Finance Cases
Yahoo News – Kinga Borondy (Worcester Telegram & Gazette) | Published: 10/24/2023
The Massachusetts attorney general’s office reached a settlement with stated Sen. Ryan Fattman; his wife, Worcester Registrar of Probate Stephanie Fattman; and members of their campaign committees in the three-year probe into campaign finance irregularities. The settlements to be paid total hundreds of thousands of dollars, the largest amounts ever paid by candidate committees to the state to resolve cases.
Michigan – Financial Disclosures Proposed for Michigan Politicians Are ‘Pretty Weak,’ Advocates Say
MLive – Simon Schuster | Published: 10/25/2023
A bipartisan group of lawmakers introduced a package of legislation that details what state elected officials must include in Michigan’s first-ever financial disclosures. The legislation, while bringing specificity to some areas 2022’s Proposal 1 left vague, also leaves gaps in reporting, exempting public officials from having to disclose some of the very financial benefits that roiled state government in recent scandals. Nicholas Pigeon, executive director of the Michigan Campaign Finance Network, called the bills “a mixed bag … that is pretty weak compared to the rest of the country.”
Michigan – After Campaign Finance Complaint Against Fouts, City Attorney Files Against Council Foes
MSN – Christina Hall (Detroit Free Press) | Published: 10/25/2023
The Warren city attorney filed state campaign finance complaints against three city council members for comments they made during a council meeting using city equipment, which was broadcast live and is on video on the city’s website. The complaints come days after the secretary of state’s office determined Mayor Jim Fouts may have violated the law by endorsing candidates during his State of the City address.
Missouri – Records Show Missouri House Speaker Charged State for Travel Already Paid for By His Campaign
Missouri Independent – Jason Hancock | Published: 10/23/2023
Missouri House Speaker Dean Plocher filed an expense report to be reimbursed for a $1,199.60 plane ticket to the 2023 Uniform Law Commission conference. The House ultimately agreed to pay him the money. But the cost of the ticket did not come out of Plocher’s bank account. It came out of his campaign. Seven months earlier, “Plusher for Missouri” reported paying $1,199.60 for airfare to Hawaii for the conference. A review of Plocher’s expense reports over the years shows the Hawaii expense was not an isolated event.
New Hampshire – Breaking with Longstanding Tradition, Biden Won’t Appear on New Hampshire’s Primary Ballot
Yahoo News – Francesca Chambers (USA Today) | Published: 10/24/2023
President Joe Biden’s name will not be on the New Hampshire primary ballot. Biden has been tussling with the state for nearly a year over its historically early primary date and will not make the trip to Concord to file. In a break with centuries-old tradition, the incumbent president will not appear on the state’s Democratic primary ballot at all, with the national party pledging to discipline candidates who compete in unsanctioned primaries like the one New Hampshire plans to hold.
New Jersey – ‘Phantom Candidates’ in Tough N.J. Legislative Elections? Republicans Call for Investigation.
MSN – Brent Johnson (New Jersey Advance Media) | Published: 10/23/2023
Allegations about a “dark money” group pushing “phantom candidates” have invaded a pair of tense races for the New Jersey Legislature. Republican candidates in the second and fourth districts, two of the most competitive in this year’s elections, have asked top law enforcement officials to investigate a new nonprofit group with a Queens address that sent out campaign mailers to voters urging them to support independent or third-party “conservative” candidates.
Albany Times Union – Lana Bellamy | Published: 10/26/2023
New York Sen. James Skoufis alleges the Orange County government entered into illegal contracts with an information technology company in order to enrich the family of a top-ranking county official, and county administrators have attempted to cover up a larger corruption scheme. Skoufis laid out the case that contracts between the county and StarCIO totaling $823,000 were illegally procured and inflated to enrich Isaac Sacolick, the company’s proprietor and the brother-in-law of county Human Resources Commissioner Langdon Chapman.
New York – Judge Fines Trump $10,000 for Second Violation of New York Gag Order
MSN – Shayna Jacobs and Devlin Barrett (Washington Post) | Published: 10/25/2023
A New York judge fined Donald Trump $10,000 for violating a gag order in a business-fraud lawsuit and warned the former president the penalties will only get worse if he keeps breaking the rules set for the civil trial, in which he is accused of falsely inflating his property values. The five-figure fine came after New York Supreme Court Justice Arthur Engoron unexpectedly called Trump to the witness stand to explain, under oath, a comment he made outside the courtroom earlier in the day.
New York – Adams Campaign Contributors Plead Guilty to Straw Donor Conspiracy Charge
The City – George Joseph | Published: 10/24/2023
Shahid and Yahya Mushtaq, two brothers who run a construction company in Queens, each pleaded guilty to a misdemeanor conspiracy charge stemming from a straw donor scheme that aimed to generate illicit public matching funds for Eric Adams’ successful 2021 mayoral campaign. The brothers’ plea deals require them both to pay a $500 fine and complete 35 hours of community service.
New York – Who Paid for Gov. Hochul’s Israel Trip? Her Office Won’t Say.
The Gothamist – Jon Campbell | Published: 10/25/2023
New York Gov. Kathy Hochul’s office will not say who pledged to pay for the governor’s recent visit to Israel, an arrangement the state’s ethics board has not yet approved, despite her trip to the Middle East last week. Hochul spent two days in Israel amid its war with Hamas, touring the country and meeting with dignitaries, along with victims and their families. Gubernatorial spokesperson Avi Small said the Commission on Ethics and Lobbying in Government is still “in the final stages of reviewing this arrangement to ensure it fully complies with state ethics law.”
North Carolina – N.C. Republicans Pass Redistricting Map Expected to Flip 3 House Seats
MSN – Dan Rosenzweig-Ziff (Washington Post) | Published: 10/25/2023
The North Carolina General Assembly gave final approval to new congressional and state legislative district maps that would empower the state Republican Party for years to come. North Carolina’s 14 congressional seats are now evenly split between Democrats and Republicans. The new map would probably flip at least three of those seats to the GOP. Proponents say they are allowed to draw maps that favor political parties because of recent court precedent, and Republicans have the power to do so because they won more seats in both chambers of the Legislature.
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 10/24/2023
Thousands of inactive Ohio voters were purged from the state’s voter rolls in September at the direction of Secretary of State Frank LaRose after some voters had already begun casting ballots in the November election. LaRose maintains he issued the directive because he’s required by federal and state election law to set rules and timelines for maintaining accurate voter registration lists. But a state lawmaker asked why he did not delay it until after the general election, as he did earlier ahead of the August special election on a proposed constitutional amendment to make it harder to pass future amendments.
WCPO – Taylor Weiter and Dan Monk | Published: 10/19/2023
Commercials promoting the sale of the Cincinnati Southern Railway no longer feature Mayor Aftab Pureval after a media investigation found connections between campaigns for the sale and Pureval’s re-election. Building Cincinnati’s Future and Friends of Aftab Pureval, the mayor’s re-election campaign, share the same treasurer, Jens Sutmoller.
Oklahoma – Phantom Attack Ads Target Oklahoma Candidate, Connected to Nationwide Dark Money Network
MSN – Clifton Adcock (The Frontier) | Published: 10/24/2023
Common Sense Conservatives spent money on a direct mail advertisement this fall against Baptist minister Dusty Deevers in a Republican primary for a seat in the Oklahoma Senate. Records show Common Sense Conservatives is one small piece of a larger, nationwide “dark money” network that conducts most of its operations out of Ohio, has been involved in numerous federal and state-level campaigns in other states including Oklahoma, and has ties to at least one bogus charity.
October 20, 2023 •
News You Can Use Digest – October 20, 2023
National/Federal Gag Order on Trump in Election Case Leaves More Hard Questions DNyuz – Charlie Savage and Alan Feuer (New York Times) | Published: 10/17/2023 U.S. District Court Judge Tanya Chutkan’s gag order against Donald Trump is the first major consequence of […]
National/Federal
Gag Order on Trump in Election Case Leaves More Hard Questions
DNyuz – Charlie Savage and Alan Feuer (New York Times) | Published: 10/17/2023
U.S. District Court Judge Tanya Chutkan’s gag order against Donald Trump is the first major consequence of his life as a criminal defendant. But in some ways, the order raises more questions than it answers, including how the judge intends to enforce her restrictions. Chutkan ruled Trump’s pretrial attacks on potential witnesses and others threatened the integrity of the upcoming trial on charges stemming from his effort to subvert the 2020 election. She barred Trump from continuing to publicly berate special counsel Jack Smith and his team, court staff, or any “reasonably foreseeable witness.”
Trump Lawyer Acknowledged Political Agenda in Election Suit, Emails Show
DNyuz – Maggie Haberman and Luke Broadwater (New York Times) | Published: 10/8/2023
Kenneth Chesebro and other lawyers fighting to reverse then-President Trump’s election defeat were debating whether to file litigation contesting Joe Bidens victory in Wisconsin. Chesebro argued there was little doubt the litigation would fail in court as Trump continued to push his baseless claims of widespread fraud. But the “relevant analysis is political,” Chesebro argued. Trump has signaled one of his possible defenses is that he was simply acting on the advice of his lawyers. But Chesebro’s emails could undercut any effort to show the lawyers were focused solely on legal strategies.
Amazon’s Alexa Has Been Claiming the 2020 Election Was Stolen
MSN – Cat Zakrzewski (Washington Post) | Published: 10/7/2023
Amid concerns that the rise of artificial intelligence will supercharge the spread of misinformation comes a wild fabrication from a more commonplace source: Amazon’s Alexa, which declared the 2020 presidential election was stolen. Asked about fraud in the race, the popular voice assistant said it was “stolen by a massive amount of election fraud,” citing Rumble, a video-streaming service favored by conservatives. Alexa disseminates misinformation about the race even as Amazon promotes the tool as a reliable election news source to more than 70 million estimated users.
Pence Campaign Sputters Amid Money Troubles, Staff Cuts and Low Enthusiasm
MSN – Meryl Kornfield and Marianne LeVine (Washington Post) | Published: 10/19/2023
Four months after launching his presidential campaign with an embrace of traditional conservatism and a rejection of his former running mate Donald Trump, Mike Pence now stands at a difficult crossroads. Plagued by financial problems, low polling numbers, and a message that has not resonated with the party base, he has been forced to confront tough realities this fall about the future of his campaign.
Sen. Bob Menendez Charged with Conspiring to Act as Foreign Agent
MSN – Shayna Jacobs and Isaac Stanley-Becker (Washington Post) | Published: 10/12/2023
Sen. Robert Menendez was charged in a superseding federal indictment with conspiracy by a public official to act as a foreign agent, intensifying the legal peril the veteran lawmaker faces as he continues to resist calls to resign. Menendez; his wife, Nadine Menendez; and an associate, Wael Hana, were charged with conspiring to have Sen. Menendez act as an illegal foreign agent on behalf of the Egyptian government while he was serving as a U.S. senator with access to sensitive intelligence as the former head of the Foreign Relations Committee.
Campaign of Rep. George Santos Refunds More Money Than It Raises
MSN – Azi Paybarah (Washington Post) | Published: 10/16/2023
The campaign of scandal-plagued U.S. Rep. George Santos reported refunding more money to donors than it raised during the past three months, raising questions about how seriously he is pursuing reelection. The paltry fundraising figures are not typical for incumbents running in swing districts at this point in the election cycle, particularly when multiple challengers have already announced campaigns.
Former IRS Contractor Pleads Guilty to Leaking Trump’s Tax Returns
MSN – Salvador Rizzo (Washington Post) | Published: 10/12/2023
A financial consultant who performed contract work for the IRS pleaded guilty to leaking confidential tax returns filed by the wealthiest Americans, including those of then-President Trump. Charles Littlejohn admitted he obtained thousands of individuals’ tax returns by accessing an IRS database, and then leaked the materials to the New York Times and ProPublica beginning in 2019. The news organizations showed how Trump and others employed strategies to slash their federal tax bills, in some cases down to zero.
Special Counsel Jack Smith Pulls Subpoena Over Pro-Trump Fundraising
MSN – Josh Dawsey, Perry Stein, and Devlin Barrett (Washington Post) | Published: 10/17/2023
Special counsel Jack Smith withdrew a subpoena seeking records about fundraising by the PAC Save America, a group that is controlled by former President Trump and whose activities related to efforts to block the results of the 2020 presidential election have come under investigation. The move indicates Smith is scaling back at least part of his inquiry into the political fundraising work that fed and benefited from unfounded claims the election was stolen.
How Conservative Media Figures Helped to Fuel the GOP Speaker Chaos
MSN – Sarah Ellison and Will Sommer (Washington Post) | Published: 10/17/2023
Fox News host Sean Hannity’s extensive effort to personally whip up votes for U.S. Rep. Jim Jordan in his bid to be House speaker highlights the central role right-wing media has played in the drama over who will wield the speaker’s gavel. At each turn, conservative media figures such as Hannity and Stephen Bannon injected high-profile disruption into a process that normally plays out behind the scenes. A handful of backbench lawmakers have seized the opportunity to flex their power in a nearly evenly split chamber, creating drama but offering little direction.
Conservative Companies Create Parallel Economy as Polarization Thrives
Yahoo News – Julia Shapero (The Hill) | Published: 10/18/2023
As a growing number of businesses lean into their conservative values or credentials to appeal to consumers, some have suggested that a “parallel economy” is emerging. These political appeals have become increasingly important to American consumers amid growing political polarization, said Nailya Ordabayeva of Dartmouth College’s Tuck School of Business. As consumers’ politics have influenced their purchasing decisions, companies have sought to tap into these political identities, and these efforts are not unique to the right, Ordabayeva said.
From the States and Municipalities
Canada – Lavish Trip for Group of Conservative MPs in Ethics Spotlight
CBC – Elizabeth Thompson | Published: 10/16/2023
A pricey trip for a group of Conservative Members of Parliament sponsored by a special interest group and a Hungarian think-tank could soon come under the microscope by the House of Commons ethics committee. The trip to London took place last June and was sponsored by Canadians for Affordable Energy and the Danube Institute. Billed as an opportunity to discuss energy policy, the trip included thousands of dollars in flights, hotels, and ground transportation as well as a dinner at the Guinea Grill with $600 bottles of champagne that totaled an estimated $6,262.
Alaska – Alaska Attorney General Approves Free Legal Defense for Top Officials Accused of Ethical Lapses
Frontiersman – James Brooks (Alaska Beacon) | Published: 10/17/2023
The state of Alaska will provide legal representation for its governor, lieutenant governor, and attorney general in ethics complaints filed against those top officials. Current policy allows the state to reimburse top officials for privately hired legal defense under certain circumstances, including in cases where the officials are exonerated. Assistant Attorney General Cori Mills said that is more expensive than using in-house counsel.
Arkansas – Arkansas Lawmakers OK Plan to Audit Purchase of $19,000 Lectern for Gov. Sarah Huckabee Sanders
MSN – Andrew DeMillo (Associated Press) | Published: 10/12/2023
Arkansas lawmakers voted to audit the purchase of a $19,000 lectern for Gov. Sarah Huckabee Sanders, delving into an unusual controversy that has prompted questions about the seemingly high cost of the item and claims the governor’s office violated the state’s open-records law. The executive committee of the Legislative Joint Auditing Committee also voted to audit the governor’s travel and security expenditures that were retroactively shielded from public release under a new Freedom of Information Act exemption Sanders signed in September.
California – Orange Could Start Requiring Lobbyists to Register with the City
MSN – Michael Slaton (Orange County Register) | Published: 10/12/2023
The Orange City Council is exploring whether to start requiring lobbyists to register and report their actions to the city. The effort is largely to prevent impropriety and promote transparency, officials said, but was also inspired by the recent Anaheim corruption saga. The city council is creating an ad hoc committee to explore the proposed law and update campaign finance laws.
California – California Governor Vetoes Bill Requiring Independent Panels to Draw Local Voting Districts
MSN – David Lieb (Associated Press) | Published: 10/9/2023
California Gov. Gavin Newsom vetoed legislation that would have required dozens of his state’s largest cities, counties, and educational districts to use independent commissions to draw voting districts. California’s local redistricting methods came under scrutiny last year following a leaked recording of a private discussion among several Los Angeles City Council members. The officials, all Latino Democrats, used crude and racist comments while plotting to bolster their political power at the expense of Black voters.
California – San Francisco Homeowners Say They Were Duped into Paying a Now-Disgraced Building Inspector
San Francisco Standard – Michael Barba | Published: 10/17/2023
Manh Chau was renovating his dream house in San Francisco when his contractor, Kelvin Zeng, asked him to cut a check for $5,000. Zeng told him to write the name “Bernie Curran” on the check, according to Chau. What Chau did not know at the time was Bernie Curran was not a subcontractor as he had assumed. Curran was a senior building inspector who, just a day after Chau dated the check, inspected his house, court. Now, Curran is about to begin a stint in federal prison after pleading guilty in two separate criminal cases over his financial ties to various property owners in the city.
California – Anaheim Considers an Ethics Officer in Fallout of City Hall Corruption Scandal
Voice of OC – Hosam Elattar | Published: 10/18/2023
An ethics officer could soon start having some sort of oversight role in Anaheim in the aftermath of one of the biggest public corruption scandals to hit Orange County. City council members unanimously voted to create an ethics officer position and have staff come back with options to explore what exactly that person’s responsibilities will be. Creating an ethics officer position to oversee the city’s lobbyist registration and campaign finance was one of several recommendations that investigators made to the city in a report on the scandal.
Florida – One Mystery Solved: Dolphins subsidiary partly behind Mayor Suarez’s $30k F1 weekend
Yahoo News – Sarah Blaskey and Joey Flechas (Miami Herald) | Published: 10/13/2023
A company tied to the Miami Dolphins and team owner Stephen Ross, a billionaire with business before the city, gave Mayor Francis Suarez a $3,500 Formula 1 ticket, a newly filed gift disclosure revealed. It is the latest in a drip-drip of information revealing the sources behind Suarez’s $30,000 Grand Prix weekend in May, which is at the center of an ongoing state ethics investigation into whether the mayor violated Florida gifts laws.
Georgia – Sidney Powell Pleads Guilty in Case Over Efforts to Overturn Trump’s Georgia Loss and Gets Probation
Associated Press News – Kate Brumback | Published: 10/19/2023
Lawyer Sidney Powell pleaded guilty to reduced charges over efforts to overturn Donald Trump’s loss in the 2020 election in Georgia, becoming the second defendant in the case to reach a deal with prosecutors. Powell, who was charged with violating the state’s anti-racketeering law, entered the plea just a day before jury selection was set to start in her trial. She pleaded guilty to six misdemeanors accusing her of conspiring to intentionally interfere with the performance of election duties.
Illinois – What Do Recent Illinois Corruption Trials Have in Common? State Rep. Bob Rita as a Witness.
Chicago Sun-Times – Robert Herguth | Published: 10/13/2023
Three recent public corruption cases in Illinois shared a common element: state Rep. Bob Rita as a prosecution witness. Rita has not found out yet whether he will be asked to testify in a fourth trial, that of former House Speaker Michel Madigan. Unlike some witnesses in the trials, Rita has neither been charged with any crime nor compelled to testify under a grant of immunity from prosecution. He has been subpoenaed to testify at the request of federal prosecutors about the Illinois General Assembly’s inner workings and Madigan;s close aides.
Illinois – Ald. Jim Gardiner Hit with $20,000 Fine for Ethics Violations
Yahoo News – A.D. Quig (Chicago Tribune) | Published: 10/16/2023
The Chicago Board of Ethics fined Ald. Jim Gardiner $20,000 after he was accused of retaliating against a constituent and vocal critic by directing city staff to issue bogus citations that could have forced the man to pay more than $600 in fines. In all, the board said Gardiner violated the ethics code on 10 separate occasions. The city inspector general’s office has only successfully pursued a probable cause finding in 13 ethics investigations and Gardiner was the first who was a sitting city council member.
Louisiana – City Council Ousts Top Cantrell Aide for Breaking Campaign Finance Laws During Recall
New Orleans Advocate – John Stanton | Published: 10/17/2023
The New Orleans City Council ousted Gregory Joseph, Mayor LaToya Cantrell’s communications director and close advisor, for incompetence, neglecting his duties, and violating campaign finance laws, among other charges. In order to block Joseph from being rehired immediately after being fired, the council voted to suspend Joseph without pay from employment by the city for the remainder of Cantrell’s term.
Maine – State Ethics Director Recommends Against Investigating Senate President’s House Purchase
Yahoo News – Eric Russell (Portland Press Herald) | Published: 10/18/2023
The executive director of Maine’s ethics commission said he does not see sufficient grounds to investigate claims that Senate President Troy Jackson violated campaign finance laws in connection with his purchase of a house. Members could still vote to investigate Jackson, but they would be doing so against the recommendation of Jonathan Wayne. A complaint concerned Jackson’s purchase of a home in Augusta in 2019 while representing a district in Aroostook County. It questioned whether he violated the Legislature’s residency rules or falsely pledged to make the home his primary residence.
MSN – Thomas Goodwin Smith (Baltimore Sun) | Published: 10/12/2023
The 1776 Project PAC, which financially supported Tara Battaglia, James Miller, and Steve Whisler during the 2022 campaign for the Carroll County School Board, was fined $20,250 for failing to identify itself as having paid for 13,879 text messages sent to voters. Maryland law requires campaign messages sent on behalf of candidates to state who paid for the information to be distributed. This includes yard signs, pamphlets, and digital advertisements.
Massachusetts – Bill Aims to Expose ‘Dark Money’ at Town Meetings
Martha’s Vineyard Times – Staff | Published: 10/18/2023
A new bill was filed to counter the influence of what the sponsors are calling “dark money” in town meetings. Massachusetts campaign finance law requires disclosure for any group that receives contributions to oppose or promote a ballot question or influence an election. Candidates for state and local public offices must also follow strict requirements. But these disclosure and transparency requirements do not currently apply to groups seeking to influence issues addressed at town meetings, and do not appear before voters on the ballots, such as warrant articles.
Massachusetts – This Boston City Council Candidate Has More Than $100,000 in His Coffers. His Campaign Says He Didn’t Raise a Single Cent of It.
MSN – Danny McDonald (Boston Globe) | Published: 10/19/2023
John FitzGerald’s day job as a deputy director at the Boston Planning & Development Agency may hamstring him from personally raising funds for his city council bid, but it has not stopped his campaign from amassing $109,000, a hefty haul for this kind of race. State ethics law is clear: public employees cannot receive “directly or indirectly, any contribution or anything of value for any political purpose.” But they may run for office, as long as a committee is organized to raise money on their behalf. FitzGerald said he “never solicited a donation for his campaign.”
Massachusetts – Abhijit Das, Ex-Congressional Candidate, Convicted of Breaking Campaign
MSN – Ryan Mancici (MassLive) | Published: 10/14/2023
Abhijit Das, who ran for a U.S. House in Massachusetts, was convicted of violating the Federal Election Campaign Act and making false statements. Among the allegations was that Das inflated his fundraising numbers with a scheme “to solicit personal loans from friends and close associates in excess of the $2,700 legal limit,” prosecutors said. Das also used $267,000 of campaign funds to pay debts for his hotel business relating to vendors.
Massachusetts – Mass. Gets Top Grade for 2020 Redistricting
Salem News – Christian Wade | Published: 10/16/2023
The home state of “gerrymandering” received a top ranking from Common Cause for its once-every-decade legislative redistricting process. Massachusetts got an “A-” grade, tied with California in the highest-in-the nation ranking. Massachusetts got high marks for having a strong coalition of voting access groups participating in the redistricting process, increasing minority representation in the state Legislature, and holding regular public hearings to discuss changes.
Michigan – Michigan Democrats Vowed Transparency Reforms. Now, They Say Maybe Next Year
Bridge Michigan – Jonathan Oosting | Published: 10/18/2023
Michigan is poised to end the year the same way it began, as one of only two states to fully exempt both the governor’s office and Legislature from public, which the Legislature must finalize by the end of this year under a ballot measure voters approved in 2022. But Democrats are punting on other promised transparency reforms until at least next year, including expansion of the Freedom of Information Act and tighter lobbying rules.
Michigan – Two Lobbyists Get Prison Time for Michigan Medical Marijuana Corruption Scheme
Detroit Free Press – Arpan Lobo | Published: 10/18/2023
Brian Pierce, a former lobbyist who pleaded guilty to participating in a corruption scheme in Michigan’s now-defunct medical marijuana licensing agency, was sentenced to 24 months in prison. Vincent Brown, the other lobbyist to plead guilty in the scheme, was sentenced to 20 months in prison. They both pleaded guilty to conspiring to commit bribery, after the federal government accused them of providing $42,000 in cash bribes and other benefits to former House Speaker Rick Johnson during his time as chair of the former Michigan Medical Marijuana Licensing Board.
Mississippi – Black Voters Fuel Democratic Hopes in Deep-Red Mississippi
Yahoo News – Nick Corasaniti (New York Times) | Published: 11/17/2023
Just three years ago, Mississippi had an election law on its books from 1890 constitutional that was designed to uphold “white supremacy” in the state. The law created a system for electing statewide officials that drastically reduced the political power of Black voters. Voters overturned the law in 2020. This summer, an appeals court threw out another law that had permanently stripped voting rights from people convicted of a range of felonies. Now Mississippi is holding its first election for governor since those laws fell, the contest is improbably competitive in this deep-red state, and Black voters are poised to play a critical role.
Nevada – Nevada Lawmakers Funded Nonprofits; How and Why a Firestorm of Controversy Followed
Nevada Independent – Tabitha Mueller and Eric Neugeboren | Published: 10/15/2023
Several Nevada Democrats have found themselves in the political crosshairs for helping pass two bills in the final days of the legislative session that awarded $110 million in state funds to their nonprofit employers and dozens of other community groups. Lawmakers with connections to the organizations they voted to fund noted guidance they received from the Legislature’s legal division, which maintained the votes are not a conflict-of-interest because the legislation affects the average Nevadan just as much as lawmakers.
New Hampshire – A 15-Year-Old Known for Tough Questions Was Kicked Out of a GOP Event
MSN – Jonathan Edwards (Washington Post) | Published: 10/16/2023
Quinn Mitchell is not a journalist, political strategist, or even a voter. He is a 15-year-old high school freshman who, despite his age, has become a fixture on the New Hampshire presidential campaign circuit. His consistent presence and pointed questions at town halls and rallies led former New Jersey Gov. Chris Christie to describe him as “America’s most famous political teenager.” Quinn was recently kicked out of the state GOP’s First in the Nation Leadership Summit after a volunteer accused him of being a Democratic operative.
New Jersey – The Real Estate Tycoon Whose Fingerprints Are on the Menendez Indictment
DNyuz – Elise Young and Tracey Tully (New York Times) | Published: 10/16/2023
Fred Daibes, the real estate tycoon at the center of an international scandal threatening the career of U.S. Sen. Robert Menendez, has found his way out of more than one tough spot over the course of his tumultuous life. In 2018, federal indictment accusing him of scheming to defraud a bank he had founded threatened to upend his real estate empire and carried the risk of a lengthy prison term. It was then, prosecutors say, that he turned to a longtime ally for help: Sen. Menendez. What followed would form the basis for federal charges that Daibes, Menendez and his wife, and two other businesspeople are now facing.
New York – Can New York’s Mayor Speak Mandarin? No, but with AI He’s Making Robocalls in Different Languages
ABC News – Anthony Izaguirre (Associated Press) | Published: 10/17/2023
New York City Mayor Eric Adams has been using artificial intelligence (AI) to make robocalls that contort his own voice into several languages he does not actually speak, posing new ethical questions about the government’s use of the rapidly evolving technology. The mayor said the robocalls have gone out in languages such as Mandarin and Yiddish to promote city hiring events. They have not included any disclosure that he only speaks English, or the calls were generated using AI.
Ohio – Ohio’s Redistricting Process Gets an ‘F’ from National Group
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 10/12/2023
Ohio’s redistricting process received a failing grade from Common Cause, which deemed the state;s congressional and legislative maps to be “unmitigated disasters” overall. The report noted how Ohio residents last year voted on the state’s congressional delegation and most of the state Legislature using district lines that were found to be unconstitutionally gerrymandered by the state Supreme Court.
Oklahoma – Ethics Commission Job Posting Redone, Legislature Asked to Triple Budget
NonDoc – Michael McNutt | Published: 10/16/2023
The Oklahoma Ethics Commission voted to extend the search for its next executive director after the state’s attorney general claimed the search “process has been irreparably flawed and must be started anew.” Commissioners also approved a budget request for the 2025 fiscal year, which begins July 1, 2024. The request, more than three times the amount the agency received this year, will be presented to the Oklahoma Legislature for consideration during next year’s regular session.
Pennsylvania – The Ethics Board Is Appealing a Ruling That Dismissed Its Case Against a Super PAC That Backed Jeff Brown for Mayor
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 10/19/2023
The Philadelphia Board of Ethics appealed a court ruling that dismissed its high-profile lawsuit against the super PAC that backed Jeff Brown’s unsuccessful campaign for mayor. The board in April sent shockwaves through the mayor’s race when it sued For A Better Philadelphia, which spent millions of dollars to boost Brown as he sought the Democratic nomination. The board accused the super PAC of illegally coordinating with Brown because he raised money for the group in the months leading up to the launch of his campaign in November 2022.
Texas – El Paso City Council Advances Plan for Broader Political Contribution Reporting
MSN – Adam Powell (El Paso Times) | Published: 10/13/2023
The El Paso City Council advanced a plan that would increase transparency around political contributions but stopped short of acting on a proposed cap on donations. The council voted direct city staff to draft an ordinance that would require disclosure of donors who contributed $500 or more and might benefit from council actions.
West Virginia – DOT Head Claims No Conflict of Interest from Agency Contracts with Firm Employing His Son Before State Lawmakers
Charleston Gazette-Mail – Mike Tony | Published: 10/17/2023
West Virginia Department of Transportation (DOT) Secretary Jimmy Wriston suggested there is no conflict-of-interest nor appearance of one stemming from the relationship between his agency and a firm the agency contracts with that employs his son. Wriston signed two contracts for the Division of Highways to pay over $25.7 million to the firm, Michael Baker International. At the time, Wriston was deputy commissioner of the Division of Highways. Gov. Jim Justice named Wriston DOT secretary and DOH commissioner in October 2021.
October 13, 2023 •
News You Can Use Digest – October 13, 2023
National/Federal Ex-Treasurer for Rep. George Santos Pleads Guilty to Conspiracy, Tells of Bogus Loan and Fake Donors ABC News – Jake Offenhartz (Associated Press) | Published: 10/5/2023 The ex-treasurer for U.S. Rep. George Santos pleaded guilty to a fraud conspiracy charge and […]
National/Federal
Ex-Treasurer for Rep. George Santos Pleads Guilty to Conspiracy, Tells of Bogus Loan and Fake Donors
ABC News – Jake Offenhartz (Associated Press) | Published: 10/5/2023
The ex-treasurer for U.S. Rep. George Santos pleaded guilty to a fraud conspiracy charge and implicated Santos in a scheme to embellish his campaign finance reports with a fake loan and fake donors. Nancy Marks, who was a close aide to Santos during his two congressional bids, is a longtime political operative and bookkeeper for multiple candidates.
Trump Allegedly Discussed US Nuclear Subs with Foreign National After Leaving White House: Sources
ABC News – Katherine Faulders, Alexander Mallin, and Mike Levine | Published: 10/5/2023
Months after leaving the White House, former President Trump allegedly discussed potentially sensitive information about U.S. nuclear submarines with a member of his Mar-a-Lago Club – an Australian billionaire who then allegedly shared the information with scores of others, including more than a dozen foreign officials, several of his own employees, and a handful of journalists. Prosecutors and FBI agents have at least twice this year interviewed Anthony Pratt, who runs one of the world’s largest packaging companies.
Drawing the Line on AI-Based Deepfakes Proves Tricky for Congress
MSN – Gopal Ratnam (Roll Call) | Published: 10/11/2023
A bipartisan group of lawmakers proposed legislation that would ban the “distribution of materially deceptive AI-generated audio or visual media” about individuals seeking federal office. Civil rights groups, political consultants, free-speech advocates, and lawmakers across the political spectrum have agreed that the use of AI-generated deceptive ads poses risks to the democratic process by misleading voters. The trouble, though, is figuring out where to draw the line on what constitutes deception, or how to enforce prohibitions.
Republicans Fail to Coalesce Around Speaker Choice, Leaving House in Limbo
MSN – Marianna Sotomayor, Leigh Ann Caldwell, and Jaqueline Alemany (Washington Post) | Published: 10/11/2023
House Republicans were on the verge of open revolt after the ideologically fractious conference failed to coalesce around a speaker nominee, leaving the chamber rudderless and leaderless. The inability of Republicans to agree on who will lead them has left the chamber in an effective standstill since Rep. Kevin McCarthy was ousted as speaker, unable to consider any legislation to aid Israel in its war against Hamas or pass any appropriation bills to avoid a potential government shutdown. Neither issue produced enough urgency for Republicans to quickly elect a speaker as many had hoped, again highlighting the conference’s deep divisions.
Charles Koch Has Given More Than $5 Billion of His Stock to Two
MSN – Matt Durot (Forbes) | Published: 10/10/2023
Charles Koch is making big moves to ensure his charities and causes are funded long after he is gone. Koch, who is worth $54.5 billion, said that over the last four years he has transferred $5.3 billion of his conglomerate’s nonvoting stock to a pair of nonprofits with fewer restrictions on lobbying and politics than traditional charities. Koch did not make gifts of his company stock directly to the Stand Together nonprofit network. Instead, he chose groups that support the network and are allowed to directly engage in political campaigns and to do an unlimited amount of issue lobbying, as long as those are not their primary activities).
Biden Interviewed About Classified Documents Found at His Office, Home
MSN – Tyler Pager and Perry Stein (Washington Post) | Published: 10/9/2023
President Biden was interviewed over the last two days as part of the investigation led by special counsel Robert Hur into the discovery of classified documents at Biden’s private office and Delaware home. When appointing Hur to lead the probe, Attorney General Merrick Garland cited the “extraordinary circumstances” of the Justice Department investigating the president as he considered a reelection bid. Biden formally launched his reelection campaign months later.
New Charges Accuse George Santos of Identity Theft, Credit Card Fraud
MSN – Anumita Kaur (Washington Post) | Published: 10/10/2023
A superseding indictment charges U.S. Rep. George Santos with stealing the identities of family members and using donors’ credit cards to spend thousands of dollars, intensifying the legal peril facing Santos five months after he was charged with a host of other financial crimes. The most recent indictment accuses Santos of running two fraudulent schemes during the 2022 election cycle, in addition to the other shams alleged in May.
Two Families Got Fed Up with Their States’ Politics. So They Moved Out.
Seattle Times – Trip Gabriel (New York Times) | Published: 10/7/2023
Americans are increasingly fracturing as a people, and some are taking the extraordinary step of moving to escape a political or social climate they abhor. Democrats have left red states as Republicans have moved out of blue states, often over views on issues like abortion, transgender rights, school curricula, guns, race, and other matters. While there is no precise count of how many Americans have relocated because of politics and social issues, interviews with demographers and people who have moved or are considering moving, as well as a review of social media postings and polling, show the phenomenon is real.
Menendez Indictment Revives Concerns Over Money and Influence in Politics
Yahoo News – Taylor Giorno (The Hill) | Published: 10/11/2023
U.S. Sen. Robert Menendez is facing allegations he and his wife accepted “hundreds of thousands of dollars” in bribes. In exchange, he allegedly used his influence to protect three businesspeople and benefit the government of Egypt. The new criminal charges against Menendez have invited scrutiny of the legal ways money may influence public policy, including political contributions and lobbying. Paul Miller, founding partner at Miller/Wenhold Capitol Strategies, takes issue with tying lobbyists to the Menendez case, which centers on alleged bribery by businesspeople who are not registered lobbyists.
Trump’s Claim That He Can’t Be Prosecuted Collides with Precedents
Yahoo News – Adam Liptak (New York Times) | Published: 10/12/2023
Among the bold claims in a recent motion filed by Donald Trump seeking to dismiss the federal indictment accusing him of conspiring to undermine the 2020 election, there was a significant concession. The key U.S. Supreme Court precedent the motion relied on for claiming “absolute immunity” from criminal prosecution, his lawyers acknowledged, did not address criminal prosecutions. Should Trump lose in the trial court and on appeal, there is every reason to think he will ask the Supreme Court to step in.
Yahoo News – Brittany Gibson and Madison Fernandez (Politico) | Published: 10/5/2023
A company at the center of the Democratic Party’s digital strategy is on the verge of a meltdown, sparking alarm among a broad constellation of liberal groups that are relying on it ahead of 2024. NGP VAN provides tools used by Democrats, from the White House to local school boards, to raise money and mobilize voters. But with new management in recent years, it has been stripping its operations to the bare bones.
From the States and Municipalities
Alabama – Rep. John Rogers Says He Rejected Plea Deal in Federal Corruption Case, Will Seek 12th Term
MSN – Joseph Bryant (AL.com) | Published: 10/12/2023
As he makes his first court appearance in his federal corruption case, state Rep. John Rogers says he is ready to fight the charges and seek another term in the Alabama Legislature. A grand jury charged Rogers with obstruction in a kickback scheme involving public money from the Jefferson County Community Service fund, a collection of tax dollars that local lawmakers get to dole out to local causes. Prosecutors allege Rogers attempted to bribe someone to lie to investigators about the scheme by promising them additional public money.
Alabama – Court Picks New Alabama Congressional Map That Will Likely Flip One Seat to Democrats
Yahoo News – Zach Montellaro and Madison Fernandez (Politico) | Published: 10/5/2023
A federal court picked Alabama’s new congressional map, which will likely result in an additional Black – and Democratic – member in the delegation. The new map came after the same panel of federal judges twice found that lines drawn by the GOP-dominated Legislature likely violated the Voting Rights Act by weakening the power of Black voters. The new lines will be used for at least the 2024 elections, though Alabama Republicans have vowed to fight them for future cycles.
Arizona – Arizona Recount Law Could Delay Certifying 2024 Election, Officials Say
MSN – Yvonne Winget Sanchez (Washington Post) | Published: 10/5/2023
If the 2024 presidential election is close in Arizona, a newly enacted state law will mandate a ballot recount that will probably cause the state to miss crucial deadlines for certifying the vote. The battleground state is expected to play a pivotal role in the next presidential election and any holdup in counting votes there could cause chaos.
Arkansas – Scrutiny of Arkansas Governor’s $19,000 Lectern Deepens After New Records Are Released
Yahoo News – Andrew DeMillo (Associated Press) | Published: 10/10/2023
Arkansas Gov, Sarah Huckabee Sanders is facing new and deepening questions after newly released public records revealed her office bought a lectern for $19,000 and a whistle-blower accused the office of altering records to cover up the spending. The Arkansas Republican Party paid for the lectern in September, but the words “to be reimbursed” were only added later to the original invoice. The undated reimbursement note adds to weeks of scrutiny over the purchase. A legislative panel is expected to vote on a request for an audit of the lectern’s purchase.
California – Secret Tape Scandal One Year Later: What’s changed at LA City Hall?
MSN – Frank Stoltze (LAist) | Published: 10/10/2023
Outrage followed the release in 2022 of a secretly recorded audio tape of some Los Angeles City Council members making racist and derogatory remarks. The audio was from a meeting where four council members were discussing how to redraw council district boundaries in a way that would maintain their power. For weeks, council meetings were marked by loud, angry protests that often shut down the proceedings. In the year since the tapes were leaked, the fallout from the scandal has fundamentally changed City Hall.
California – SF Government Watchdogs Eye New Ethics Regulations
San Francisco Examiner – Adam Shanks | Published: 10/11/2023
More than three years after a corruption scandal swept through San Francisco City Hall, the Ethics Commission will see its broad proposal for reforms finally land on the ballot. The measure. set to appear before voters in March 2024, would set new restrictions on accepting gifts and expand ethics training for city employees. In the meantime, the Ethics Commission is already contemplating regulations on thorny topics such as city employees’ ability to manage companies that contract with their own departments.
Florida – Mayor Suarez Praised Ken Griffin’s Controversial Plan. Billionaire’s Aide Wrote the Quote
Yahoo News – Sarah Blaskey, and Tess Riski (Miami Herald) | Published: 10/5/2023
When a reporter asked Miami Mayor Francis Suarez to comment on billionaire Ken Griffin’s controversial plan to relocate a historic home from his $106 million bayfront estate and turn it into a tourist attraction, the mayor expressed his full support. But Suarez’s sentiments were scripted, word for word, by Griffin’s spokesperson, who gave them to the city, emails indicate. The mayor’s office then presented the statement as Suarez’s own words to the Miami Herald.
Illinois – Illinois Democrats Drew New Maps. The Changes Pushed the GOP to the Right.
MSN – Kevin Sullivan and Clara Ence Morse (Washington Post) | Published: 10/7/2023
Illinois Democrats used their supermajority to redraw congressional district lines in a way that would strengthen their already solid lock on power. The strategy worked, adding one Democratic seat to the Illinois delegation, and trimming two Republican ones as GOP voters were packed into a smaller number of districts. The new map also accomplished what experts say gerrymandering does with ruthless efficiency, regardless of whether Democrats or Republicans are responsible: hollowing out the moderate political center and driving both parties further toward the ideological fringes.
Illinois – City Settlement Deal Demands Silence from Whistleblowers Fired by Chicago Treasurer Conyears-Ervin
MSN – Gregory Pratt (Chicago Tribune) | Published: 10/11/2023
In a departure from usual practices at City Hall, Chicago’s $100,000 settlement agreement with whistleblowers who were fired by Treasurer Melissa Conyears-Ervin prohibits them from publicly discussing their negative experiences in her office. Of more than three dozen settlements reached with city workers over the past five years, the deal that Mayor Lori Lightfoot’s administration reached with the treasurer’s ex-employees was the only one that contained what amounts to a gag order. In a handful of cases, former employees agreed not to discuss the terms of their settlements, but they could still speak freely about their time in city government.
Yahoo Finance – Jason Meisner (Chicago Tribune) | Published: 10/11/2023
James Weiss, the son-in-law of former Cook County Democratic boss Joseph Berrios, was sentenced to five-and-one-half years in prison, bringing an end to a bribery case centered on the shady world of sweepstakes gaming with elements of political corruption, a state senator turned government mole, and even alleged mob ties. In handing down the sentence, U.S. District Court Judge Steven Seeger decried Chicago’s long history of public corruption, saying cases like Weiss’ cause people to “roll their eyes” when they meet someone from Chicago.
Iowa – Democrats Remove Iowa Caucuses from First-in-the-Nation Status
MSN – Tyler Pager and Michael Scherer (Washington Post) | Published: 10/6/2023
The Democratic Party officially dislodged Iowa from its prized status as the first state in the presidential nominating process, approving the state Democratic Party’s plan to release their results on Super Tuesday next year. The decision ends a nearly two-year fight over Iowa’s place in selecting a Democratic nominee, which resulted in a complete overhaul of the calendar.
Kentucky – Louisville’s Ethics Board Sues City Over Control of Its Own Records
WDRB – Marcus Green | Published: 10/10/2023
Metro government’s ethics agency is suing Louisville and Jefferson County Attorney Mike O’Connell, claiming it does not have total control over its own records as local law requires. The lawsuit argues the mayor-appointed Louisville Metro Ethics Commission is :at the mercy” of Metro government and its open records personnel to fulfill those requests under Kentucky law. As a result, the suit alleges, some records have been made public without the commission’s input, while it is not known if documents have been withheld.
Michigan – Michigan Republican Party Faces Financial Turmoil, Bank Records Show
Killeen Daily – Craig Mauger (Detroit News) | Published: 9/30/2023
The Michigan Republican Party had about $35,000 in its bank accounts in August, according to internal records that flash new warning signs about the dire state of the GOP’s finances and raise questions about whether the organization is complying with campaign finance laws. The party has regularly transferred money from an account that is usually focused on federal elections to other accounts to afford expenses. Earlier this year, the party’s federal account was loaned $15,000 after that account’s balance turned negative. The transaction was not reported in disclosures from the campaign or the party’s federal committee.
Montana – Political Commissioner Dismisses Dems’ Ethics Complaint Against Lt. Gov
Helena Independent Record – Seaborn Larson | Published: 10/11/2023
Montana Commissioner of Political Practices Chris Gallus dismissed an ethics complaint regarding Lt. Gov. Kristen Juras’ rental agreement with a religious advocacy group. Gallus found the complaint filed by state Democrats failed to articulate a violation and instead urged his office to investigate the party’s suspicions. The Montana Democratic Party asserted Juras was given a lease agreement below market rate for a rental home owned by the Montana Family Institute. That organization is closely aligned with the Montana Family Foundation, a longtime proponent of conservative causes.
New York – Appellate Division Says State Ethics Panel Can Keep Working
Albany Times Union – Brendan Lyons | Published: 10/10/2023
A state appeals court said New York’s ethics panel can remain in operation as it seeks to overturn a lower court decision that determined its structure violates the state constitution. The appeals court’s decision comes a month after a state Supreme Court justice ruled the Commission on Ethics and Lobbying in Government was created in violation of the constitution and must suspend its work.
New York – After Years of Exaggerating His Business Assets, Trump Confronts Them in Court
MSN – Jonathan O’Connell and Shayna Jacobs (Washington Post) | Published: 10/10/2023
Thousands of pages of court documents prepared by New York Attorney General Letitia James as evidence in the fraud case she has filed against Donald Trump show how accounting, banking, and real estate experts repeatedly informed Trump how much his properties and businesses were really worth. But over and over again, the documents reveal that Trump, his adult sons, and top executives allegedly ignored or sidelined those experts, exchanging their figures for numbers from another source: Trump’s own intuition.
New York – Mob Allegations Tail Tow Truckers in City Hall Bribery Scandal
The City – Greg Smith | Published: 10/10/2023
A tow company owner who raised money for New York City Mayor Eric Adams and faces bribery charges tied to his interactions with a former top mayoral aide has been enmeshed in scandals dating back 25 years, including one in which prosecutors alleged his company was controlled by the Genovese crime family. Mazzio was indicted on charges of bribing aide Eric Ulrich. In exchange for cash and New York Mets tickets, prosecutors allege Ulrich got Mazzio access to Adams’ chief advisor and a dinner with the mayor.
North Carolina – North Carolina Republicans Override Governor’s Veto on Key Election Law
MSN – Patrick Marley (Washington Post) | Published: 10/10/2023
Republican lawmakers overrode North Carolina Gov. Roy Cooper’s veto of a bill that overhauls who runs elections and achieves a long-sought goal of the state GOP. The legislation creates bipartisan boards that could deadlock on establishing early voting locations or certifying results in a state that may prove crucial in next year’s presidential election. Republicans contend the bill helps guarantee elections will be run fairly by establishing bipartisan election boards that will take politics out of the process.
Ohio – Ohio’s GOP Supermajority Tests Limits of Democracy Before Abortion Vote
MSN – Annie Gowan (Washington Post) | Published: 10/6/2023
In state after state since the U.S. Supreme Court overturned Roe v. Wade, Democrats and their abortion rights allies have won victories over Republicans and others who oppose abortion. The latest battleground is Ohio, where a GOP supermajority has fought to consolidate its power in ways that critics, and even some within the party, say threatens democracy.
Ohio – Ohio GOP Rivalry Escalates with Lawsuit Against House Speaker, Fight for Campaign Fund Control
MSN – Samantha Hendrickson (Associated Press) | Published: 10/11/2023
A schism between House Republicans appears to only be widening after a rival GOP-contingent sued fellow conservative Speaker Jason Stephens to seize control of over $1 million in campaign money from the Ohio House Republican Alliance and its coffers that fund campaigns for state GOP legislators. The lawsuit argues Rep. Derek Merrin is the leader of the alliance after a closed-door vote by the majority of the House Republican caucus earlier this year. Therefore, he leads the alliance and has authority over distributing its funds, which are expected to grow as campaign season revs up.
Ohio – Ex-Cincinnati Councilman PG Sittenfeld Sentenced to 16 Months in Federal Prison
WVXU – Nick Swartsell | Published: 10/10/2023
Former Cincinnati City Councilperson P.G. Sittenfeld will spend 16 months in prison, one year on probation, and pay a $40,000 fine on corruption charges. A jury found Sittenfeld guilty on one charge of bribery and one charge of extortion in 2022. At the center of Sittenfeld’s conviction are allegations he received $20,000 from undercover FBI agents.
Oklahoma – Okla. Board Moves Forward with Nation’s First Religious Charter School
MSN – Moriah Balingit (Washington Post) | Published: 10/9/2023
A state board in Oklahoma approved a contract with St. Isidore of Seville Virtual Charter School, bringing the institution one step closer to becoming the first publicly funded religious charter school in the nation. The Statewide Virtual Charter School Board voted for the contract despite opposition from the state’s attorney general and a lawsuit that seeks to stop the school from opening. If the school opens, it would represent a new model in education: a tuition-free school with a religious curriculum that is funded largely with taxpayer dollars.
KGW – Jamie Parfitt | Published: 10/11/2023
A newly released report dives into the role that former Oregon Secretary of State Shemia Fagan played in an audit of the state’s cannabis regulatory agency, completed just before Fagan resigned amid ethics concerns due to her moonlighting work in the cannabis industry. Oregon’s audits division, like its election division, is overseen by the secretary of state. Around the time that Fagan resigned, Gov. Tina Kotek requested that Attorney General Ellen Rosenblum conduct an examination of the audits division’s cannabis audit in order to determine if there had been any influence from Fagan’s ties to the industry.
Oregon – Oregon Ethics Commission Dismisses Complaint Against Lobbyist Who Led Failed Holvey Recall
Yahoo News – Alan Torres (Eugene Register-Guard) | Published: 10/7/2023
The Oregon Government Ethics Commission voted unanimously to dismiss a complaint against Michael Selvaggio, the United Food and Commercial Workers Local (UFCW) 555 lobbyist who led the failed recall campaign against state Rep. Paul Holvey. The lawmaker accused Selvaggio of violating state law by filing the recall while House Bill 3183, a priority bill for UFCW that Holvey opposed, was in the House Rules Committee. It is illegal for a lobbyist to influence a legislator’s vote by funding or threatening to fund opposition.
Pennsylvania – Inside a Tangled Web of Pa. Businesses and Big Campaign Cash
Pittsburgh Post-Gazette – Matt Bernardini and Mike Wereschagin | Published: 10/9/2023
The flood of campaign donations by businessperson Adam Kidan and the access he gained through those contributions to prominent politicians illustrates how top political donors can enter the corridors of power through doors not open to average voters. With critical campaigns next year for president and U.S. Senate, good-government experts worry the use of corporations to dump cash into elections is undermining laws designed to show the public who is behind the most consequential decision-makers in the country.
South Carolina – Supreme Court Likely to Side with South Carolina GOP in Racial Gerrymandering Case
Yahoo News – Zach Montellaro and Josh Gerstein (Politico) | Published: 10/11/2023
The U.S. Supreme Court’s conservative majority appeared likely to uphold a Republican-drawn congressional district in South Carolina that a lower court found was racially gerrymandered. The case tests the legal limits of partisan gerrymandering when it intersects with race. The NAACP is accusing GOP lawmakers of drawing the state’s First Congressional District by shuffling Black voters in and out of the district to make it reliably Republican.
Texas – Texas Republicans’ Internecine Fights Overshadow Special Session
MSN – Molly Hennessey-Fiske (Washington Post) | Published: 10/8/2023
A civil war is raging among Texas Republicans. As lawmakers returned to Austin to address school vouchers and border security, that infighting threatens to consume the third special session of the year. The GOP has ruled all three branches of state government for decades, but this year tensions within the party have boiled over into very public battles. “… You have leadership of the Republican Party … trying to fend off challenges from the grassroots, certainly populist wing of the party,” said Brendan Steinhauser, a Republican strategist based in Austin.
Washington – Port of Seattle Commissioner Felleman Violated Ethics Code, Board Finds
Seattle Times – Renata Geraldo | Published: 10/5/2023
Port of Seattle Commissioner Fred Felleman violated the Port’s code of ethics by using his position to gain special privileges or exemptions with a nonprofit, the Port Board of Ethics found. Felleman tried using his commissioner status to get involved in the leadership of nonprofit Washington Maritime Blue’s Quiet Sound program. Quiet Sound, partly funded by the Port, seeks to reduce the underwater noise impact of large vessels on orcas. The program’s procedures say nontribal elected officials cannot join its leadership committee.
Wisconsin – As Wisconsin Supreme Court Takes Up Maps Case, Impeachment Threat Looms
Yahoo News – Reid Epstein and Julie Bosman (New York Times) | Published: 10/6/2023
The liberal majority on the Wisconsin Supreme Court agreed to hear a case challenging the state’s Republican-drawn legislative districts, a decision that could spur impeachment proceedings against a newly elected justice, Janet Protasiewicz, who refused to recuse herself from the case. The decision to accept the case, known as an original action because it means the case will bypass Wisconsin’s trial and appeals courts, comes over the objections of at least two of the court’s three conservative justices and the state’s leading Republicans.
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