October 6, 2023 •
News You Can Use Digest – October 6, 2023
National/Federal Supreme Court to Decide Landmark Texas, Florida Social Media Cases and More MSN – Ann Marimow and Cat Zakrzewski (Washington Post) | Published: 9/29/2023 The Supreme Court said it would wade into the future of free speech online and decide whether […]
National/Federal
Supreme Court to Decide Landmark Texas, Florida Social Media Cases and More
MSN – Ann Marimow and Cat Zakrzewski (Washington Post) | Published: 9/29/2023
The Supreme Court said it would wade into the future of free speech online and decide whether laws passed in Texas and Florida can restrict social media companies from removing certain political posts or accounts. The court’s review of those laws will be the highest-profile examination to date of allegations that Silicon Valley companies are illegally censoring conservative viewpoints. Those accusations reached a fever pitch when Facebook, Twitter, and other companies suspended Donald Trump’s accounts in the wake of the attack on the Capitol.
For Supreme Court, Ethics Have Become the Elephant in the Courtroom
MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 10/1/2023
Some of the issues and political stalemates that haunt the Supreme Court are returning for the new term, accompanied by another concern: how to convince the public that the justices take seriously their ethical obligations. Reports about some justices hobnobbing with billionaire friends on lavish trips and maintaining ties to those who have business before the court have become the elephant in the courtroom. Justices across the ideological spectrum have said confidence in their decision-making is key to public acceptance of the court’s role as the final word on the law and Constitution.
Federal Appeals Court Expands Limits on Biden Administration in First Amendment Case
MSN – Jessica Guynn and John Fritze (USA Today) | Published: 10/3/2023
The nation’s top cybersecurity defense agency likely violated the First Amendment when lobbying Silicon Valley companies to remove or suppress the spread of online content about elections, a federal appeals court ruled. The Fifth Circuit Court of Appeals expanded an injunction to include the Cybersecurity and Infrastructure Security Agency, ruling it used frequent interactions with social media platforms “to push them to adopt more restrictive policies on election-related speech.”
Vote to Oust McCarthy Is a Warning Sign for Democracy, Scholars Say
MSN – Sarah Ellison (Washington Post) | Published: 10/4/2023
Historians and political scientists say the vote to remove Kevin McCarthy as speaker of the House is a warning sign for the health of American democracy. The vote reflected the enormous power that a small group of representatives on their party’s ideological fringe can wield over an entire institution, said Daniel Ziblatt, a professor of government at Harvard University. It also showcased how difficult it will be for anyone to corral the House in a way that is functional, with major decisions over the budget and Ukraine funding ahead. “… [This] should set off alarm bells that something is not right,” said Ziblatt.
Gaetz’s Ouster of McCarthy Draws Attention to His Ethics Issues
Seattle Times – Luke Broadwater (New York Times) | Published: 10/3/2023
Rep. Matt Gaetz’s successful push to oust Speaker Kevin McCarthy has cemented his status as one of the most reviled members of the House of Representatives, including among many of his fellow Republicans, and drawn attention to a long-running investigation by the House Ethics Committee into Gaetz’s conduct. McCarthy has argued that Gaetz’s motion to remove him is little more than personal payback for McCarthy’s failure to interfere with the inquiry, which is looking into allegations of sexual misconduct and misuse of funds by Gaetz.
Republican Group Running Anti-Trump Ads Finds Little Is Working
Yahoo News – Jonathan Swain (New York Times) | Published: 9/29/2023
A well-funded group of anti-Trump conservatives has sent its donors a candid memo that reveals how resilient former President Trump has been against millions of dollars of negative ads the group deployed against him in two early voting states. Win It Back has spent more than $4 million trying to lower Trump’s support among Republican voters in Iowa and nearly $2 million more in South Carolina. But in the memo, the head of Win It Back PAC, David McIntosh, acknowledges that after testing more than 40 anti-Trump television ads, “all attempts to undermine his conservative credentials on specific issues were ineffective.”
Giuliani’s Drinking, Long a Fraught Subject, Has Trump Prosecutors’ Attention
Yahoo News – Matt Flegenheimer and Maggie Haberman (New York Times) | Published: 10/4/2023
For more than a decade, friends conceded, Rudolph Giuliani’s drinking has been a problem. As he surged back to prominence during Donald Trump’s presidency, it was getting more difficult to hide it. Now, prosecutors in the federal election case against Trump have shown an interest in Giuliani’s drinking habits and whether the former president ignored what his aides described as the plain inebriation of the former mayor. The answer could complicate any efforts by Trump’s team to lean on a so-called advice-of-counsel defense, a strategy that could portray him as a client merely taking professional cues from his lawyers.
Supreme Court Rejects Eastman’s Bid to Scrap Rulings That Sent His Emails to Jan. 6 Investigators
Yahoo News – Josh Gerstein and Kylie Cheney (Politico) | Published: 10/2/2023
The U.S. Supreme Court, minus a recused Clarence Thomas, turned down a bid by attorney John Eastman to erase court rulings that described him as a linchpin in former President Trump’s bid to subvert the 2020 election. The decision essentially enshrines rulings by a federal judge in California that found Eastman’s emails contained evidence of a likely crime related to Trump’s efforts.
As Menendez’s Star Rose, Fears of Corruption Cast a Persistent Shadow
Yahoo News – Nicholas Fandos (New York Times) | Published: 9/27/2023
Robert Menendez rose from a New Jersey tenement to the pinnacle of power in Washington as the state’s senior U.S. senator. But those who have closely followed his career say the years he spent enmeshed in former Union City Mayor William Musto’s machine also set the tone for another, more sinister undercurrent that now threatens to swallow it – one in which Menendez became a power broker himself whose own close ties to moneyed interests have repeatedly attracted the scrutiny of federal prosecutors.
Democratic Sen. Dianne Feinstein of California, an Advocate for Liberal Priorities, Dies at Age 90
Yahoo News – Michael Blood and Mary Clare Jalonick (Associated Press) | Published: 9/29/2023
U.S. Sen. Dianne Feinstein, broke gender barriers throughout her long career in local and national politics, has died. She was 90. Feinstein, the oldest sitting senator, was a passionate advocate for liberal priorities important to her state, including environmental protection, reproductive rights, and gun control, but was also known as a pragmatic lawmaker who reached out to Republicans and sought middle ground.
From the States and Municipalities
Arizona – Her Calendar Was Mostly Open. She Wasn’t in Office. Why Was Attorney General Aide Paid?
MSN – Stacey Barchenger (Arizona Republic) | Published: 10/4/2023
Arizona Attorney General Kris Mayes announced in July that her chief of staff would be leaving the office four weeks later, wishing her “all the best in her future endeavors.” In the month that followed, that top aide, Amy Love, appeared to do little to no work while collecting a paycheck from taxpayers. Love went to the office just once in four weeks. She sent just one email in that time, to another staffer. Many of the meetings on Love’s schedule were canceled, and those that remained largely appear to be routine internal team meetings. It is unclear if Love attended those gatherings.
Arizona – Audit Flags Lavish Spending by Arizona to Woo Business Executives. State Leaders Defend It.
MSN – Stacey Barchenger (Arizona Republic) | Published: 10/3/2023
Arizona political and economic development leaders’ use of major events such as the Super Bowl to woo company executives to bring business to the state have cost more than $2.4 million in six years, according to a new audit. Dubbed the CEO Forum, the business recruiting events tied to high-profile sporting events were a favorite way for former Gov. Doug Ducey to tout the perks of the state as part of his effort to be business friendly. The auditor general asked the state attorney general to probe whether the program violated the gift clause of the Arizona Constitution.
Arizona – Arizona Says No Labels Must Accept All Candidates Even If Third Parties Opposes Them
Yahoo News – Associated Press | Published: 9/29/2023
Arizona’s top elections official says the No Labels party cannot block candidates from using its ballot line to run for office, boosting opponents’ efforts to force the movement for a third-party presidential ticket to release more information about its anonymous donors. A senior official for Secretary of State Adrian Fontes rejected No Labels’ request to exclude two people who have filed paperwork to run for state office without the support of the party’s leadership. One of the two people opposes No Labels and is deliberately trying to force the party to comply with Arizona’s campaign finance laws.
California – Newsom Taps Emily’s List Leader to Fill Feinstein’s Senate Seat
MSN – Maeve Reston and Tyler Pager (Washington Post) | Published: 10/2/2023
California Gov. Gavin Newsom appointed Emily’s List President Laphonza Butler to fill the Senate seat held by Dianne Feinstein, who died at the age of 90. Feinstein had just over a year left in her term and had said she would not run again. Three of California’s top Democrats – U.S. Reps. Barbara Lee, Katie Porter, and Adam Schiff – are in a contentious primary to fill the seat starting in January 2025, in what is likely to be the most expensive congressional race in the nation next year.
California – L.A. Councilmember John Lee Accused of Violating Ethics Laws During 2017 Vegas Trip
MSN – Julia Wick, Dakota Smith, and David Zahniser (Los Angeles Times) | Published: 10/2/2023
The Los Angeles Ethics Commission accused city Councilperson John Lee of violating ethics laws during a trip he took to Las Vegas before he was elected to the council. The accusations stem from Lee’s time working as chief of staff for former Councilperson Mitchell Englander, who pleaded guilty in 2020 to lying to federal investigators and was later sentenced to 14 months in prison. According to commission investigators, Lee accepted “multiple gifts from a businessperson and a developer, most of which exceeded the gift limit,” in 2016 and 2017.
California – L.A. Councilmembers Seek to Create Office for Ethics Compliance
MSN – City News Service | Published: 10/4/2023
In an attempt to increase public trust, two Los Angeles City Council members introduced a motion seeking to establish an Office of Compliance, with staff and resources to help identify potential conflicts-of-interest in advance of any votes. The office would review financial disclosure and other forms, as well as council and committee agendas to identify any potential conflicts. The city council has been rocked by a number of ethics scandals and accusations in recent years.
California – Disgraced SF Building Inspector Gets More Prison Time
San Francisco Examiner – Marcus White | Published: 10/2/2023
A San Francisco building inspector caught in a web of corruption at City Hall will serve at least another year in prison when his sentence begins. Bernie Curran, who pleaded guilty to perjury and financial conflict-of-interest, was sentenced to two years in prison. Curran can serve that sentence concurrently with a one-year, one-day federal sentence after he pleaded guilty in July to accepting illegal payments from people whose buildings he inspected.
California – Lawsuit Claims OC Board of Education Member Failed to Disclose $14 Million in Income
Voice of OC – Brandon Pho | Published: 10/4/2023
A retired federal judge brought a civil lawsuit against Orange County Board of Education member Mari Barke for allegedly failing to disclose as much as $14 million in income and business interests since her election. It comes amidst a campaign finance probe by the Fair Political Practices Commission into Barke’s disclosure filings. The lawsuit says that until March of this year, Barke had only reported $99 worth of income, business interests, investments, and gifts since assuming office in 2018.
California – Court Rules for Fresno Councilmembers in Lawsuit with County Over Campaign Money Transfers
Yahoo News – Tim Sheehan (Fresno Bee) | Published: 10/2/2023
Superior Court Judge Jonathan Skiles ruled against Fresno County’s campaign fundraising law limiting the amount a candidate for supervisor can transfer from another fund. The county limited transfers to $30,000, whereas incumbents had no limits on money from previous campaigns. City council members Garry Bredefeld and Luis Chavez now will have the ability to move their campaign funds to their races for the county board of supervisors.
District of Columbia – Leonard Leo Says He Will Not Cooperate with D.C. Attorney General Tax Probe
Yahoo News – Heidi Przybyla (Politico) | Published: 10/3/2023
Judicial activist Leonard Leo is not cooperating with an investigation by District of Columbia Attorney General Brian Schwalb for potentially misusing nonprofit tax laws for personal enrichment. David Rivkin, Leo’s attorney, said Schwalb has “no legal authority to conduct any investigatory steps or take any enforcement measures” because Leo’s multi-billion-dollar aligned nonprofits, which poured millions of dollars into campaigning for the nominations of conservative Supreme Court justices and advocating before them, were organized outside of the District of Columbia.
Florida – Miami Mayor Suarez Officially Under State Ethics Investigation for World Cup, F1 Tickets
Yahoo News – Sarah Blaskey and Tess Riski (Miami Herald) | Published: 9/28/2023
The Florida Commission on Ethics officially opened an investigation into Miami Mayor Francis Suarez following a complaint regarding his acceptance of expensive tickets to sporting events like the Miami Formula One Grand Prix and the 2022 World Cup in Qatar. The complaint raises questions about who paid for the various tickets worth thousands of dollars and whether Suarez complied with ethics laws requiring the mayor to disclose the source of all gifts, including complimentary access, valued over $100. The laws also prohibit elected officials from accepting such gifts from city vendors, lobbyists, or their employers.
Georgia – Trump Won’t Be on Trial in Georgia Case This Fall, but His Presence Will Be Felt
DNyuz – Danny Hakim and Richard Fausset (New York Times) | Published: 10/4/2023
Within weeks, prosecutors will present their case alleging a sprawling conspiracy to overturn the 2020 election results in Georgia. But the star defendant, former President Trump, will not be there. Instead, the defendants in the first trial in the racketeering case against Trump and 18 of his allies will be two of the lawyers who tried to keep him in power after the election: Kenneth Chesebro and Sidney Powell, who were the only ones to seek speedy trials. The former president will loom over the courtroom, though. That has much to do with how racketeering cases work.
Georgia – First Trump Co-Defendant Pleads Guilty in the Georgia Election Interference Case
NPR – Associated Press | Published: 9/29/2023
A bail bondsman charged alongside former President Trump and 17 others in the Georgia election interference case pleaded guilty to misdemeanor charges, becoming the first defendant to accept a plea deal with prosecutors. As part of the deal, Scott Graham Hall will receive five years of probation and will testify in further proceedings. He was also ordered to write a letter of apology to the citizens of Georgia and is forbidden from participating in polling activities. Prosecutors accused him of participating in a breach of election equipment in Coffee County.
Hawaii – Former CoreCivic Lobbyist Is Helping to Plan a New Oahu Jail
Honolulu Civil Beat – Kevin Dayton | Published: 10/2/2023
The state executive now tasked with devising a plan to finance a $900 million jail on Oahu worked for years as a registered lobbyist for CoreCivic, which is a prison developer that lobbied for years to try to get the state to move forward with the project. State Budget Director Luis Salaveria was registered as a lobbyist for CoreCivic until the end of last year but said he did not participate in the company’s push to get the state to issue a request for proposals to build the new jail.
Idaho – Idaho Secretary of State’s Office Releases New Campaign Finance, Lobbying Dashboard
KTVB – Abby Davis | Published: 9/28/2023
The November 7 elections are coming up, and election transparency is top of mind for the Idaho Secretary of State’s Office. It released a new campaign finance and lobbying dashboard, which lists all the mayoral and city council candidates. The aim of the dashboard is to give voters a better understanding of candidates. On the new dashboard, people can see how much money those candidates have raised and where it comes from. Previously, the data took a lot of time and effort to look through.
Kansas – Police Chief Resigns Weeks After Leading Raid on Kansas Newspaper Office
MSN – Praveena Somasundaram (Washington Post) | Published: 10/2/2023
The police chief who led the controversial raid of a newspaper office and its publisher’s home in a small Kansas town resigned days after he was suspended. During the raid in Marion, Kansas, officials seized a computer that held details about the Marion County Record’s investigation into Police Chief Gideon Cody. The raid Cody conducted set off a storm of questions from news organizations and their advocates, who viewed it as a major threat to press freedom.
Kansas – Kansas Lawmaker Threatens Wildlife Department Over Deer Baiting; Ethics Concerns Raised
Yahoo News – Dylan Lysen and Celia Llopis-Jepson (Wichita Eagle) | Published: 9/28/2023
A lawmaker threatened to strip funding from the Kansas Department of Wildlife and Parks if it bans people from baiting deer with piles of food. State Rep. Lewis Bloom, a farmer from Clay Center, went as far as to claim the chairperson of the committee that oversees the agency’s budget would help him retaliate by defunding the department. Rep. Ken Corbet, chair of the Agriculture and Natural Resources Budget Committee, owns a lodge that offers deer hunting for thousands of dollars per person, raising concerns of a conflict-of-interest.
Massachusetts – Massachusetts Republican Party Settles Campaign Finance Allegations with State, to Pay $15,000
MSN – Matt Stout (Boston Globe) | Published: 9/29/2023
The Massachusetts Republican Party agreed to settle allegations it took $137,000 in “impermissible” donations from a state senator in 2020 and used the money to help the campaign of his wife, according to an agreement the party’s new leader signed with state prosecutors. The GOP will pay $15,000 in three installments under the deal.
Michigan – Feds Charge Inkster Mayor Patrick Wimberly in Corruption Case
Detroit News – Robert Snell | Published: 10/3/2023
Inkster Mayor Patrick Wimberly was indicted in federal court, accused of receiving $50,000 in bribes, throwing the November election into disarray as the Wayne County politician becomes the latest public official accused of wrongdoing in a broader assault on corruption in Metro Detroit. Wimberly is accused of demanding cash to facilitate the sale of city-owned property to an unidentified “outside party,” prosecutors said. The person gave Wimberly $5,000 monthly cash bribes until Wimberly demanded more and the person started paying $10,000 each month, according to the indictment.
Michigan – Ex-Michigan House Speaker Sentenced to Prison in Marijuana Bribery Scheme
MLive – Michael Kransz | Published: 9/28/2023
Former Michigan House Speaker Rick Johnson was sentenced to four years and seven months in prison for accepting bribes as head of a marijuana licensing board. He admitted accepting at least $110,000 when he led the now defunct Medical Marijuana Licensing Board from 2017 to 2019. In exchange, federal prosecutors say Johnson gave bribe payers inside information pertaining to the board’s work and other medical marijuana applicants, as well as support through the licensing process and favorable votes on license applications.
Nevada – Lombardo Files Lawsuit Challenging Ethics Commission Fine, Censure Over Use of Badge
Nevada Independent – Tabitha Mueller | Published: 10/2/2023
Attorneys for Gov. Joe Lombardo appealed the Nevada Commission on Ethics decision to censure and fine the governor for using his Clark County sheriff uniform and badge on the 2022 campaign trail. The appeal makes a new legal argument in the case, challenging the constitutional authority of the commission itself.
New Mexico – Ethics Commission Fines State Treasurer for State Campaign Finance Violation
Santa Fe New Mexican – Robert Knott | Published: 10/4/2023
A State Ethics Commission hearing officer found New Mexico Treasurer Laura Montoya violated campaign finance reporting laws by accepting $10,000 in straw donations. Retired U.S. Magistrate Judge Alan Torgerson imposed a civil penalty of $1,000 on Montoya, saying she failed to treat two $5,000contributions properly.
New York – Trump’s Trial Starts Monday. It Will Spotlight What He’s Really Worth.
DNyuz – Jonah Bromwich, Ben Protess, and William Rashbaum (New York Times) | Published: 10/2/2023
After decades of exaggerating with impunity, Donald Trump is now on trial, facing a lawsuit that accuses him of inflating his riches by billions of dollars and crossing the line into fraud. It will be the first of several government trials he will face in the coming year, a procession of high-stakes courtroom battles that coincide with his third White House run. It will be an avidly scrutinized spectacle that will lift the curtain on Trump’s reputation as a businessperson, a core piece of his identity.
New York – Over 100 Campaigns Requested Public Funds in NY – but a Change Might Weaken Small Donors’ Power
Gothamist – Brigid Bergin | Published: 10/4/2023
More than 100 candidates have registered for a new state public matching funds program that helps boost small campaign donations, marking a major milestone in New York’s inaugural election cycle. But what the campaigns signed up for may not be what they get if Gov. Kathy Hochul signs a bill passed by the Legislature at the end of session. Proponents of the original program are urging Hochul not to sign the bill. They warn the changes will dilute the power of small-dollar donors and undermine the public matching system’s original intent.
New York – Adams Donor Who Twice Denied Making Campaign Donation Changes Story, Says She Gave $2,000 After All
Yahoo News – Michael Gartland (New York Daily News) | Published: 10/2/2023
A woman who twice denied donating $2,000 to New York City Mayor Eric Adams’ 2021 campaign, in spite of records that state otherwise, changed her story hours after a news story was published. The New York Daily News reported that law enforcement and election watchdogs have taken an interest in the discrepancy between public records and her initial statements, as well as other donations to Adams.
New York – Judge in Fraud Trial Imposes Gag Order After Trump Attacks Judge’s Aide
Yahoo News – Erica Orden, Josh Gerstein, and Kyle Cheney (Politico) | Published: 10/3/2023
The judge overseeing Donald Trump’s civil fraud trial issued a gag order barring Trump from making comments about court staff after the former president posted a social media attack on the judge’s principal law clerk that included her photo. New York Supreme Court Justice Arthur Engoron said he had warned Trump “off the record” about making such comments, but Trump had ignored him. “Consider this statement a gag order forbidding all parties from posting, emailing or speaking publicly about any of my staff,” Engoron said.
Tennessee – Rep. Justin Jones Sues House Speaker Cameron Sexton Over Expulsion, Vote to Silence Him
MSN – Melissa Brown (Nashville Tennessean) | Published: 10/4/2023
Tennessee Rep. Justin Jones filed a federal lawsuit challenging his expulsion in April and the House rules restricting lawmakers’ floor comments that Republicans applied to silence Jones for part of the special session. Filed against Speaker Cameron Sexton and House administrative officials, the lawsuit argues Republicans have repeatedly blocked Jones from speaking during debate in violation of free speech rights under the state and federal constitutions. He also contends his due process rights were infringed upon by the expulsion proceedings.
Texas – Eric Dick Fined $10K for Campaign Finance Violations During Failed Run for Harris County Treasurer
MSN – Elizabeth Sander (Houston Chronicle) | Published: 10/3/2023
Harris County Department of Education Trustee Eric Dick faces $40,000 in fines for campaign finance violations after the Texas Ethics Commission recently tacked on another $10,000 penalty. The commission ruled Dick will be required to pay the $10,000 for campaign finance violations that occurred during his unsuccessful campaign for Harris County treasurer in March 2022. He was fined $30,000 in February 2022 for violations made during his unsuccessful 2019 run for city council.
Texas – Lawsuit by Attorney General Ken Paxton’s Accusers Can Continue, Texas Supreme Court Rules
Texas Tribune – Patrick Svitek | Published: 9/29/2023
The Texas Supreme Court sided with former top deputies of state Attorney General Ken Paxton and cleared the way for their whistleblower lawsuit to move forward. The lawsuit will return to a Travis County trial court. Four whistleblowers sued the attorney general’s office for wrongful termination and retaliation after they reported Paxton to the FBI, alleging he abused his office to help a friend and donor. They almost settled with the attorney general’s office for $3.3 million earlier this year until Texas House investigators, concerned about using taxpayer dollars for the settlement, started probing the lawsuit’s claims and recommended Paxton’s impeachment.
Virginia – Youngkin Takes $2M from TikTok Investor Despite App Ban, China Warnings
MSN – Laura Vozzella (Washington Post) | Published: 10/5/2023
Gov. Glenn Youngkin accepted a $2 million political contribution from a donor with a multibillion-dollar stake in TikTok, a Chinese-owned app the governor banned from state devices last year amid his broader campaign against Chinese influence in Virginia. With hefty political donations, Yass has been helping TikTok rally conservatives in Washington, D.C. against banning the app in the U.S., the Wall Street Journal reported.
September 29, 2023 •
News You Can Use Digest – September 29, 2023
National/Federal Rupert Murdoch to Step Down as Chairman of Fox Corporation and Fox News Billings Gazette – David Bauder (Associated Press) | Published: 9/21/2023 Rupert Murdoch, the 92-year-old Australian media magnate whose creation of Fox News made him a force in American […]
National/Federal
Rupert Murdoch to Step Down as Chairman of Fox Corporation and Fox News
Billings Gazette – David Bauder (Associated Press) | Published: 9/21/2023
Rupert Murdoch, the 92-year-old Australian media magnate whose creation of Fox News made him a force in American politics, is stepping down as leader of both Fox’s parent company and his News Corp. media holdings. His son, Lachlan, will become News Corp. chairperson and continue as chief executive officer of Fox Corp. Fox News Channel has profoundly influenced television and the nation’s politics, making Murdoch a hero to some and pariah to others. The 24-hour network converted the power and energy of political talk radio to television.
Rep. Lauren Boebert Rents an Apartment from an Executive for Koch-Backed Group
Business Insider – Brent Griffiths | Published: 9/21/2023
U.S. Rep. Lauren Boebert rents a Washington apartment from a top official for the right-wing advocacy group Americans for Prosperity, a key part of the conservative influence network originally funded by brothers Charles and David Koch. There are no ethics rules or laws that bar members of Congress from renting apartments from people affiliated with lobbying groups. But the arrangement is an indicator of how small Washington can be, and how closely entwined legislators can become with the people who are paid to influence them.
How a Little-Known Group Helped Resurgent Democrats Wield Power
DNyuz – Nick Corasaniti (New York Times) | Published: 9/25/2023
For decades, Republicans have outmaneuvered and outspent Democrats in state Legislatures, gerrymandering them into the minority in both red states and political battlegrounds. GOP lawmakers have used that advantage to pass countless conservative policies with a help along the way. Conservative think tanks and other policy groups drafted model legislation for Republican lawmakers to cut taxes, expand gun rights, and loosen environmental regulations. Now Democrats are trying to put themselves on even footing.
Trump Fights Jack Smith Request for Narrow Gag Order in Jan. 6 Case
MSN – Spencer Hsu and Amy Gardner (Washington Post) | Published: 9/25/2023
Attorneys for former President Trump blasted federal prosecutors’ request for a narrow gag order that would bar him from attacking participants in the criminal case charging him with conspiring to overturn the 2020 presidential election, claiming he must be free to campaign for the Republican nomination in 2024. The response joins a battle that promises to be a recurring feature of Trump’s multiple state and federal criminal cases and that highlights challenges facing prosecutors and judges in the historic attempts to prosecute a former president and active candidate.
Misinformation Research Is Buckling Under GOP Legal Attacks
MSN – Naomi Nix, Cat Zakrzewski, and Joseph Menn (Washington Post) | Published: 9/23/2023
Conservative politicians are accusing academics, universities, and government agencies of colluding with technology companies to censor right-wing views. Interviews with professors, government officials, physicians, nonprofits, and research funders describe an escalating campaign that has cast a pall over programs studying not just political falsehoods but also the quality of medical information online. Social media platforms have pulled back on moderating content even as evidence mounts that Russia and China have intensified covert influence campaigns.
Ex-FBI Counterspy Chief McGonigal Pleads Guilty in Payment Plot
MSN – Spencer Hsu (Washington Post) | Published: 9/22/2023
The FBI’s former top spy hunter in New York, who had pleaded guilty to conspiring to violate U.S. sanctions and launder funds for a Russian billionaire he once investigated, pleaded guilty in a separate case charging him with hiding secret cash payments while overseeing highly sensitive cases. Charles McGonigal admitted he concealed his receipt of payments and meetings with foreign officials to avoid questions about a conflict-of-interest between his private post-retirement business plans and his official duties as one of the FBI’s top leaders.
Senate Adopts Resolution Requiring Men to Wear Business Attire on Chamber Floor
MSN – Mariana Afaro (Washington Post) | Published: 9/27/2023
The U.S. Senate adopted a resolution requiring male senators to wear a coat, tie, and slacks or other long pants on the chamber’s floor following days of upheaval sparked by Majority Leader Charles Schumer’s decision to stop enforcing the requirement of business attire. Before Schumer’s initial move, the Senate had followed an unwritten and unevenly enforced policy that encouraged men to wear suits and ties and women to cover their arms.
Cash, Gold Bars, Arms Sales: How Bob Menendez met legal peril, again
MSN – Isaac Stanley-Becker (Washington Post) | Published: 9/23/2023
U.S. Sen. Robert Menendez and his wife Nadine were indicted on bribery charges, Justice Department officials announced, detailing what officials said was a corrupt scheme involving gold bars, stacks of cash, and using the senator’s powerful position to secretly benefit the Egyptian government. Allegations of a secretive campaign to aid the government in Cairo stand out not just because of Menendez’s singular power in the Senate to shape U.S. foreign policy as the chairperson of the Foreign Relations Committee, but also because of the rebuttal he offered when asked about accusations of impropriety earlier this year.
Chutkan Rejects Trump Request to Step Aside as Judge in His D.C. Trial
MSN – Spencer Hsu and Rachel Weiner (Washington Post) | Published: 9/27/2023
U.S. District Court Judge Tanya Chutkan denied Donald Trump’s demand that she recuse herself from his federal election obstruction case, saying attorneys for the former president had applied a “hypersensitive, cynical, and suspicious” reading of two of her statements in sentencing Capitol attack defendants to accuse her of bias. Trump’s defense can ask an appellate court to weigh in, but the standard for a federal appeals court or the U.S. Supreme Court to review the ruling is very high.
Clarence Thomas Secretly Participated in Koch Network Donor Events
ProPublica – Joshua Kaplan, Justin Elliott, and Alex Mierjeski | Published: 9/22/2023
Some of the richest people in the country attended the 2018 donor summit of the Koch network, the political organization founded by libertarian billionaires Charles and David Koch. Supreme Court Justice Clarence Thomas also attended. He has attended Koch donor events at least twice over the years. Thomas was brought in to speak, staffers said, in the hopes that such access would encourage donors to continue giving. That puts Thomas in the position of having served as a fundraising draw for a network that has brought cases before the Supreme Court. The justice never reported the flight to Palm Springs.
In Three Southern States, a Legal Battle Over Political Maps
Yahoo News – Michael Wines (New York Times) | Published: 9/21/2023
The Republican-led Legislatures of Georgia, Louisiana, and Alabama find themselves backed against courtroom walls in similar circumstances, defending congressional maps that federal judges have said appear to discriminate against Black voters. Last year, the same judges said that, even before full trials were held, the same maps were so likely illegal that replacements should be used for the 2022 elections. But due to a once-obscure U.S. Supreme Court rule that outlaws election-law changes close to campaign season, the disputed maps were used anyway.
Not Just Clarence Thomas: Lower courts facing scrutiny over ethics, disclosures, too
Yahoo News – John Fritze (USA Today) | Published: 9/25/2023
Americans were able to review financial disclosure reports for all nine justices on the U.S. Supreme Court, documents that revealed private jet flights, foreign travel, and even a bouquet of flowers that Oprah Winfrey had ordered for Justice Ketanji Brown Jackson. But those annual disclosures are far harder to find for hundreds of lower court judges that make up the bulk of the federal judiciary. At a time when the judicial branch is under heightened scrutiny over ethics, federal courts are struggling to honor a law intended to head off potential conflicts.
K Street Braces for Potential Shutdown
Yahoo News – Taylor Giorno (The Hill) | Published: 9/27/2023
Lobbying and government affairs shops are busy preparing for a possible shutdown of the federal government. Lobbyists cannot do much except keep clients informed about what to expect if the government does shut down as they navigate uncertainty around tax credits, infrastructure investments, and political stability. It is a “very uncertain time” for clients, said Ryan Carney, a government affairs advisor at K&L Gates. The firm set up a task force with professionals who have experience with government shutdowns to monitor developments.
Bob Menendez Singlehandedly Blocked Bipartisan Bill to Regulate Foreign Influence in D.C.
Yahoo News – Ken Dilanian and Frank Thorp V (NBC News) | Published: 9/27/2023
U.S. Sen. Robert Menendez, who is charged with secretly aiding the Egyptian government in exchange for bribes, singlehandedly blocked passage of bipartisan legislation in 2020 that would have strengthened the law regulating foreign influence and lobbying in Washington, D.C. The proposed Foreign Agents Disclosure and Registration Enhancement Act grew out of widespread concerns that the current law regulating foreign lobbying had seldom been enforced, and foreign influence campaigns had successfully infiltrated American politics.
From the States and Municipalities
Canada – ‘Insufficient Grounds’ for Full Probe into Ford Stag and Doe: Commissioner
Global News – Allison Jones (Canadian Press) | Published: 9/21/2023
Ontario’s integrity commissioner said there are “insufficient grounds” to conduct a full investigation into a “stag-and-doe” event for Premier Doug Ford’s daughter, though he noted an “interesting” finding about ticket sales for the gathering. New Democratic Party Leader Matt Stiles had asked J. David Wake to issue an opinion on the pre-wedding event for Ford’s daughter, which was attended by some land developers who had business in the province.
Alabama – Supreme Court Refuses to Allow Alabama to Use Disputed Map for 2024
MSN – Robert Barnes (Washington Post) | Published: 9/26/2023
The U.S. Supreme Court refused Alabama’s request to hold 2024 elections under a new congressional map judged to be an unlawful attempt to diminish the power of the state’s Black voters. It was the second time in four months the court has sided with a three-judge panel that found Alabama’s Legislature probably violated the Voting Rights Act by failing to create a second congressional district where minority voters have a large enough share of the electorate to elect their candidate of choice.
Alabama – Lawmakers Expected to Consider Changes to Alabama Ethics Law
MSN – Mike Cason (AL.com) | Published: 9/27/2023
The chairperson of the House Ethics and Campaign Finance Committee said he expects to propose changes to Alabama’s ethics law during the next legislative session. Rep. Matt Simpson is leading a series of meetings by the panel to examine issues identified by a study commission a few years ago and by Alabama’s appellate courts. Most of those are areas where the law is confusing, ambiguous, or unclear, Simpson said. One of the lingering issues is the precise definition and scope of the term principal, which refers to organizations and individuals that employ lobbyists.
Arizona – Elections Commission Adds New Disclosure Requirements for Political Ads on Air and in Print
KJZZ – Howard Fischer (Capitol Media Services) | Published: 9/22/2023
A new rule adopted by the Citizens Clean Elections Commission adds the requirement for political ads to disclose the three largest sources of funds that bought the commercial. The rule details exactly how big the disclosure must be. Commission Executive Director Tom Collins agreed it is not possible to put all the required disclosure, like the top three funders, into many social media posts. But the rule will mandate inclusion of a clickable link that would take the reader to a page where people could get the required information.
California – Former Baldwin Park City Attorney Acted as ‘Co-Conspirator’ in $70K Bribery Scheme, Indictment Alleges
Los Angeles Daily News – Jason Henry (Pasadena Star News) | Published: 9/24/2023
Baldwin Park’s former city attorney assisted in a bribery and wire fraud scheme that funneled $70,000 in illicit payoffs to former Councilperson Ricardo Pacheco to secure his vote on a cannabis permit, according to federal authorities. The new allegations against Robert Tafoya became public following the grand jury indictment of Tafoya’s longtime friend and alleged co-conspirator, former Compton City Councilperson Isaac Galvin.
California – L.A. City Council Approves New Ethics Commissioner After Rejecting Previous Nominee
MSN – Dakota Smith (Los Angeles Times) | Published: 9/27/2023
The Los Angeles City Council approved a nominee for a spot on the Ethics Commission after several weeks of public scrutiny over the council’s handling of nominees for the panel. The council approved Alex Johnson, a vice president at Bryson Gillette, a consulting firm that also has done campaign work. The firm has handled more than $2 million worth of work for various campaigns since May 2020.
California – Empty Seats: San Diego ethics board hobbled by vacancies
MSN – Jeff McDionald (San Diego Union Tribune) | Published: 9/27/2023
Three out of seven seats on the San Diego Ethics Commission are vacant, meaning the city’s only regulator for enforcing campaign finance and other rules is legally unable to issue fines or mete out other discipline. The commission has not fielded a full board in years. It has also failed to comply with city rules requiring that at least three members of the panel are attorneys. The commission operated with six members during the first half of this year, but three seats expired June 30.
California – Anaheim Tightens Electronic Device Policy After Probe Finds Disregard for Records Law
Voice of OC – Hosam Elattar | Published: 9/27/2023
Anaheim politicians are cracking down on using private cellphones and other electronic devices to conduct city business, a practice that independent investigators say city officials frequently used to circumvent the state’s public records law. City officials directed staff to require the use of government phones and devices for top officials and staff, forbid conducting city business on personal accounts, and requiring officials to forward city business emails to government accounts.
California – Former California House Candidate Charged with Misusing Campaign Cash
Yahoo News – Lauren Sforza (The Hill) | Published: 9/27/2023
A four-time candidate for Congress in California was charged with misusing campaign funds, including transferring the cash back to his personal accounts via his friends and family. The indictment accuses Omar Navarro of using campaign money for personal expenses, including trips to Las Vegas and two criminal defense attorneys, and falsely recording them as campaign expenses to the FEC.
Connecticut – Ritter: No changes to campaign finance rules in special session
Connecticut Mirror – Mark Pazniokas | Published: 9/25/2023
House Speaker Matt Ritter said the General Assembly will not vote in the special session on a proposal to allow publicly financed candidates in Connecticut to raise money online using ActBlue, the popular Democratic fundraising platform. Ritter said ActBlue’s platform is not compliant with state law, and lawyers have struggled to draft statutory language that would open Connecticut to ActBlue without conflicting with or undermining the Citizens’ Election Program, which finances most campaigns for the General Assembly.
Florida – With Half of Miami’s Elected Officials Under Investigation, the City’s History Is Repeating
MSN – Charles Rabin (Miami Herald) | Published: 9/20/2023
Now-suspended Miami Commissioner Alex Díaz de la Portilla is facing criminal charges he sold his vote for $245,000 in campaign money. At the same time, the FBI is separately investigating whether Mayor Francis Suarez worked behind the scenes to help a developer who was paying him $10,000 a month. Local prosecutors have an open case into whether Commissioner Joe Carollo, a former mayor, held improper influence over the police force. With half of Miami’s six elected officials under a cloud, there are renewed calls to clean house.
Florida – After Florida Restricts Black History, Churches Step Up to Teach It
MSN – Brittany Shammas (Washington Post) | Published: 9/24/2023
After months of controversy over new directives governing classroom instruction in Florida – changes critics said sanitized or even distorted the past – Black pastors across the state agreed their churches had no choice but to respond. They would teach Black history themselves. A nonprofit coalition of religious institutions, Faith in Florida, put together a tool kit to guide the churches and suggest books, articles, documentaries, and reports covering the Black experience. The churches’ involvement harks back to the pivotal role many played in the struggle to end segregation and advance voting rights.
Indiana – Rewrite of Indiana Campaign Finance Laws on Tap?
Times of Northwest Indiana – Dan Carden | Published: 9/27/2023
Indiana election law’s silence on corporate contributions to super PACs means such donations are prohibited or otherwise limited, the state Supreme Court ruled in answering a question from the Seventh U.S. Circuit Court of Appeals. Indiana enforcement authorities have said they do not intend to punish corporate donations to super PACs, even if prohibited by state law, because the contributions are authorized by the U.S. Supreme Court’s Citizens United decision. In the majority opinion, Justice Derek Molter said it is “no doubt time” for state lawmakers to update the law to reflect the Citizens United ruling.
Mississippi – Mississippi Announced Incentives for Company Days After Executive Gave Campaign Money to Governor
Yahoo News – Emily Wagster Pettus (Associated Press) | Published: 9/26/2023
Mississippi announced financial incentives for a shipbuilder to expand in Gulfport in 2020, days after the president of the shipbuilder’s parent company made a $10,000 campaign contribution to Gov. Tate Reeves. The state economic development agency under Reeves’ supervision, the Mississippi Development Authority, announced Gulf Ship would receive state incentives to expand the site it opened in Gulfport in 2006.
Missouri – Missouri Lawmaker Accused of ‘Unlawful’ Conduct in Push for Contract, Drawing FBI Scrutiny
Missouri Independent – Jason Hancock | Published: 9/22/2023
Missouri House Speaker Dean Plocher is facing allegations he threatened to terminate the employment of a nonpartisan legislative staffer who resisted his monthslong push to hire a private company to manage constituent information. Plocher denies the accusations. But Dana Miller, chief clerk of the House since 2018 and a chamber staff member since 2001, wrote in an email to a GOP lawmaker about “threats made by Speaker Plocher concerning my future employment.” Miller was not the only legislative staffer expressing concerns.
New Hampshire – Investigators Conclude N.H. Lawmaker Doesn’t Live in the District He Represents
MSN – Steven Porter (Boston Globe) | Published: 9/21/2023
State Rep. Troy Merner resigned his seat in the New Hampshire House after investigators for the state attorney general’s office concluded Merner no longer lives in the district he represents and has not lived there since August 2022. Merner has been renting an office in Lancaster, but he has been residing with his wife and stepson about 15 miles south, in Carroll, which is part of a different legislative district in Coos County.
New Jersey – Governor Who Quit Politics Amid Scandal Eyes a New Job: Mayor
DNyuz – Tracey Tully (New York Times) | Published: 9/22/2023
Former New Jersey Gov. James McGreevey quit politics in 2004 after announcing to his second wife and to the world that he was gay and had an affair with a man who worked for him. Now McGreevey, who once was thought to have the White House in his sights, is making plans to do what he had said he would not: re-enter politics. Over the past several months, McGreevey has begun cobbling together support for an expected run for mayor of Jersey City, the state’s second-largest city, where he has lived for eight years.
New Jersey – Ex-Mayor Indicted After Launching Run Despite Order Barring Him from Office, Authorities
MSN – Chris Shelton (NJ Advance Media) | Published: 9/26/2023
Former Paterson Mayor Joey Torres was indicted after he was accused of launching a new bid to run the city in 2022 despite being barred from doing so six years ago. Torres pleaded guilty to using city employees to work at a liquor distributorship his family planned to open. As part of his plea deal, Torres was required to forfeit future public employment.
New York – Ethics Commission Meets After Judge Ruled It’s Unconstitutional
Albany Times Union – Brendan Lyons | Published: 9/27/2023
The state ethics commission conducted its first meeting following a New York Supreme Court justice’s decision that found the agency was created in violation of the state constitution and must suspend its work pending the outcome of any appeal. The appellate division of the state Supreme Court granted a temporary stay on the decision. A permanent stay has not been granted. Earlier this year, another state Supreme Court justice ruled the commission was created in line with the state constitution and it was not improper for the final appointments to be made by an “Independent Review Commission” made up of law school deans.
New York – Latinos Have Transformed Sleepy Hollow, but Not Their Town Board
DNyuz – Grace Ashford (New York Times) | Published: 9/19/2023
More than half the Village of Sleepy Hollow, New York, is of Hispanic origin. But those demographics are rarely reflected on Election Day. The village is part of the Town of Mount Pleasant, which uses an at-large voting system that allows residents to cast ballots for all open positions. The Mount Pleasant town board has no Latino members, and no one could recall the last time it had one. That disconnect has led to a formal claim filed with the town, on behalf of five residents who say that they and other Latino voters are being disenfranchised.
New York – N.Y. Judge Finds Trump Committed Fraud and Sanctions His Attorneys
MSN – Shayna Jacobs (Washington Post) | Published: 9/26/2023
A judge overseeing a $250 million lawsuit against Donald Trump ruled the former president and his company committed fraud by inflating his net worth in business transactions, narrowing the scope of what the state’s attorney general must prove at an upcoming civil trial. New York Supreme Court Justice Arthur Engoron also ordered the cancellation of Trump business certificates and imposed sanctions on attorneys representing him for repeating arguments that failed multiple times previously and were called “borderline frivolous.”
The City – George Joseph, Bianca Pallaro, and Tom Robbins | Published: 9/22/2023
Eric Adams’ 2021 mayoral campaign repeatedly ignored city regulators’ requests to identify political supporters who they suspected of having raised hundreds of thousands of dollars without disclosing their role. The flagged donations totaled more than $300,000 from more than 500 donors. Thanks to the city program that provides matching funds of up to eight-to-one for eligible contributions, the donations secured an additional $522,000 in public funds for the Adams campaign.
North Carolina – In North Carolina, Republicans Seek More Control Over Elections
Yahoo News – Michael Wines (New York Times) | Published: 9/24/2023
Shortly before North Carolina Gov. Roy Cooper began his first term in 2017, his rivals in the Republican-controlled Legislature voted to strip the position of key powers, including the governor’s longstanding authority to appoint majorities to the state election board and local election boards in all 100 counties. After the state Supreme Court ruled the move was illegal, lawmakers put the idea on the ballot, but voters shot that down. Now, seven years after their first try, the legislators appear on the verge of getting what they have long sought.
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 9/22/2023
Ohio Republicans’ new state legislative map would make it easier for them to expand their supermajorities in both the House and Senate, as well as create fewer competitive districts overall, according to an analysis. Last year’s redistricting plan was repeatedly found by the state Supreme Court to be unconstitutionally gerrymandered in favor of Republicans. The ruling means the Ohio Redistricting Commission must again pass new district lines ahead of the 2024 election.
Oregon – Oregon Officials Face Ethics Sanctions Over Amazon Data Centers’ Tax Breaks and Land Deals
MSN – Mike Rogoway (Portland Oregonian) | Published: 9/27/2023
Three former public officials in Morrow County could be hit with thousands of dollars in penalties for failing to acknowledge they stood to profit when they gave tax breaks to Amazon data centers and arranged land sales to make way for the huge installations. Staff with the Oregon Government Ethics Commission proposed settling ethics charges against the officials. Two would pay $5,000 penalties and another would pay $2,500. Their attorney is contesting the charges and wants the commission to waive all penalties and issue a “letter of education” instead.
Tennessee – Knox County Ethics Chief Asks State’s ‘Money Cop’ to Investigate County Commissioner
MSN – Allie Feinberg (Knoxville News Sentinel) | Published: 9/27/2023
Knox County Ethics Committee Chairperson Michael Covington is trying to enlist the investigative powers of the state to get to the bottom of a complaint against county Commissioner Kyle Ward over a land deal he struck with a prominent developer. Covington filed a complaint with the state comptroller’s office, which investigates allegations of fraud, waste, and abuse by government officials. Ward is accused in a complaint of paying just $10 each to developer Scott Davis for two plots of land assessed at $50,000 apiece.
September 22, 2023 •
News You Can Use Digest – September 22, 2023
National/Federal Lobbyists Flirt with AI While Remaining Cautious of Its Promises Bloomberg Government – Kate Ackley | Published: 9/8/2023 Lobbyists are scrambling to put their imprint on federal oversight of artificial intelligence (AI) and grappling with its influence on their own profession […]
National/Federal
Lobbyists Flirt with AI While Remaining Cautious of Its Promises
Bloomberg Government – Kate Ackley | Published: 9/8/2023
Lobbyists are scrambling to put their imprint on federal oversight of artificial intelligence (AI) and grappling with its influence on their own profession even as they predict robot-lobbyists will likely remain in the realm of science fiction. Some lobbyists say they are willing to embrace AI. They have begun to experiment with it to ease tedious and time-consuming tasks, such as legislative analysis, background research, and drafting client memos. Others, eyeing it with trepidation, say they are holding off to see how it evolves.
The Senate Dress Code Gets a Casual Overhaul
DNyuz – Robert Jimison (New York Times) | Published: 9/19/2023
In the tradition-bound halls of the U.S. Senate, customs die hard and rules can be next to impossible to change. But for the first time in centuries, lawmakers are no longer expected to suit up to conduct business on the Senate floor. Majority Leader Charles Schumer established a new dress code allowing members to take a more business-casual approach to their workwear.
Revolving Door Redux: The DEA’s recently departed No. 2 returns to a Big Pharma consulting firm
MSN – Joshua Goodman and Jim Mustian (Associated Press) | Published: 9/20/2023
The Drug Enforcement Administration’s (DEA) recently departed second-in-command returned for a new stint with the consulting firm where he previously advised Purdue Pharma and a drug distributor fighting sanctions over suspicious painkiller shipments. Louis Milione retired from the DEA a second time this summer amid reporting on potential conflicts caused by his prior consulting for the pharmaceutical industry. Less than three months later, Milione again landed a plum job at Guidepost Solutions, a firm hired by some of the same companies he had been tasked with regulating when he returned to the DEA in 2021.
Democrats Rap FEC Gridlock That Republicans Say Is a Feature
MSN – Daniela Altimari (Roll Call) | Published: 9/20/2023
A recent hearing by the House Oversight Committee marked the first time in 12 years that members of the FEC have come before a congressional oversight panel. Democrats on the committee want changes to the makeup of the commission. The six-member panel is evenly split between Democrats and Republicans, a breakdown that critics say has led to partisan gridlock and hampered the FEC’s ability to enforce the rules. The are also calls to improve transparency and modernize technology.
Did Sen. Bob Menendez and Wife Improperly Take Gold Bars from Corrupt Bank Exec?
MSN – Jonathan Dienst and Courtney Copenhagen (WNBC) | Published: 9/20/2023
Federal prosecutors are looking into whether an admitted felon helped arrange to give gold bars worth hundreds of thousands of dollars to U.S. Sen. Robert Menendez or his wife in exchange for help. Investigators want to know if Menendez offered to contact the Justice Department to try to help that man who was accused of banking crimes. Those questions are now before a federal grand jury that is considering whether to hand up corruption charges against Menendez.
Lawmakers Are Spending Way More to Keep Themselves Safe. Is It Enough?
MSN – Greg Morton, Marianna Sotomayor, and Camila DeChalus (Washington Post) | Published: 9/18/2023
Candidates running for U.S. House and Senate offices increased campaign spending on security by more than 500 percent between the 2020 election and the 2022 midterms, a measure of the extraordinary rise in threats against elected officials in recent years and the country’s increasingly volatile political climate. The steep increases came as changes in federal campaign finance rules made it easier to spend campaign dollars on security, a recognition of the nation’s changing threat outlook for elected officials. Lawmakers say more has to be done to help protect themselves and their staff from a dramatic rise in daily threats.
Red States Quit Nation’s Oldest Library Group Amid Culture War Over Books
MSN – Hannah Natanson (Washington Post) | Published: 9/15/2023
The American Library Association is facing a partisan firefight unlike anything in its almost 150-year history. The once-uncontroversial organization, which says it is the world’s largest and oldest library association and which provides funding, training, and tools to most of the country’s 123,000 libraries, has become entangled in the education culture wars – the raging debates over what and how to teach about race, sex, and gender.
Unapologetic Ex-Ambassador Avoids Prison in Illicit Lobbying Case
MSN – Craig Whitlock (Washington Post) | Published: 9/16/2023
Richard Olson Jr., a former U.S. ambassador to Pakistan and the United Arab Emirates, was sentenced to three years’ probation and a $93,350 fine for violating federal lobbying and ethics laws in a case that exposed a secret history of romantic liaisons and lavish gifts during his 34-year career as a diplomat. Olson, who pleaded guilty to two federal misdemeanors related to his consulting work in the Middle East, could have received up to six months behind bars under federal sentencing guidelines.
Prosecutors in D.C. Election Case Are Seeking a Partial Gag Order for Trump
NPR – Associated Press | Published: 9/15/2023
Federal prosecutors are seeking an order that would prevent Donald Trump from making “inflammatory” and “intimidating” comments about witnesses, lawyers, and other people involved in the criminal case charging the former president with scheming to overturn the 2020 presidential election. Special counsel Jack Smith’s team said in a motion that such a “narrow, well-defined” order was necessary to preserve the integrity of the case and to avoid prejudicing potential jurors.
Alito Pauses Order Banning Biden Officials from Contacting Tech Platforms
Politico – Josh Gerstein and Rebecca Kern | Published: 9/14/2023
Supreme Court Justice Samuel Alito temporarily paused a lower-court order limiting Biden administration officials from contacting social media firms. Alito’s action followed an emergency filing from the Justice Department that asked the court to block an earlier injunction that would make it difficult for officials at the White House, the Centers for Disease Control and Prevention, and the FBI to respond to online posts that pose a danger to public health or safety. The Justice Department claims allowing the lower court ruling to stay in effect would “impose grave and irreparable harms on the government and the public.”
From the States and Municipalities
Globe and Mail – Steven Chase | Published: 9/17/2023
Changes to lobbying rules in Canada could spell an end to 50 years of free trips to Israel for Members of Parliament and senators. The Centre for Israel and Jewish Affairs, which funds the trips, says it is the group hardest hit by revisions to a code governing those who try to influence public officials. New rules for the Lobbyists’ Code of Conduct went into effect on July 1 that restrict registered lobbyists in Ottawa from lobbying politicians who accept free trips from them.
Arizona – Arizona Senator Plans Probe into Gov. Katie Hobbs’ Payments to Campaign Security Guard
MSN – Stacey Barchenger (Arizona Republic) | Published: 9/19/2023
State Sen. T.J. Shope says he will investigate how Arizona Gov. Katie Hobbs was able to hire a private security guard while she was the state’s top election official and a gubernatorial candidate last year without telling the public who paid the bill. The Arizona Republic reported that Hobbs’ campaign did not disclose payments to the individual on campaign finance reports. Shope suggested the cost of security could have exposed a loophole or violated state campaign finance laws that limit donation amounts and restrictions on funding from certain sources.
Arizona – Arizona Gov. Hobbs Leans on Lobbyists in New Administration: How does she prevent conflicts?
Yahoo News – Stacey Barchenger (Arizona Republic) | Published: 9/18/2023
Aides to Arizona Gov. Katie Hobbs include nine former lobbyists, whose work histories could raise concerns about conflicts-of-interest. Governors in recent years have faced scrutiny over their connections to lobbyists and the challenge of avoiding ethical lapses. Former Gov. Doug Ducey faced criticism that he and his team played favorites with business, often at taxpayer expense. Hobbs’ administration has been criticized for being opaque since its earliest days, when her campaign staff created a “dark money” fundraising group to pay for the inauguration.
Arkansas – Arkansas Governor Tried to Keep More Records Private. The Pushback Was Swift.
DNyuz – Rick Rojas (New York Times) | Published: 9/14/2023
When Gov. Sarah Huckabee Sanders summoned Arkansas lawmakers to Little Rock for a special legislative session to cut taxes and ban the state from mandating Covid-19 vaccinations, she added one more request: overhaul the state’s Freedom of Information Act. Sanders called for changes that included limiting the release of records related to policymaking and discussions of legal strategy. But the pushback was swift, swelling beyond organizations representing news organizations and government transparency advocates to include conservatives and some of the governor’s own supporters.
Arkansas – Arkansas Launches New, ‘More Friendly’ Campaign Finance Disclosure Filing Portal
Northwest Arkansas Democrat-Gazette – Neal Earley | Published: 9/20/2023
The Arkansas Secretary of State’s office launched a new campaign finance disclosure and filing portal, billing it as a more user-friendly alternative. The office says the new reporting system will be easier to use for those searching its online campaign finance database and for candidates filing their reports.
California – Santa Clara Councilmembers File Ethics Complaint Against Group They Say Has Ties to Mayor Lisa Gillmor
East Bay Times – Grace Hase (Bay Area News Group) | Published: 9/18/2023
Three members of the Santa Clara City Council filed several ethics complaints against Stand Up For Santa Clara, a self-proclaimed “grass-roots watchdog organization” they claim is connected to Mayor Lisa Gillmor. Vice Mayor Kevin Park and council members Anthony Becker and Suds Jain filed complaints with the city and the California Fair Political Practices Commission claiming the group is a “political operation” and has failed to be transparent with its political spending or advertisements. The trio also filed a complaint with the IRS, questioning its non-profit status.
California – Your Guide to the LA Government Reforms on the Table after the City Hall Leaked Tape Scandal
LAist – Brianna Lee and Frank Stoltze | Published: 9/15/2023
Large-scale changes are rare at Los Angeles City Hall. But now there is more momentum than there has been in decades for three major reforms to how the city is governed. The proposals are the result of calls for reform after a secret recording was released last year that captured three city council members and a labor official using racist, homophobic, and other derogatory language while discussing ways to amass power in the city’s redistricting process.
California – Will Mickey Mouse Continue to Cast a Big Shadow Over Anaheim’s Election Campaigns?
Voice of OC – Noah Biesiada and Spencer Custodio | Published: 9/19/2023
In Anaheim, Disney is the political kingmaker – and somewhat of a policymaker. Yet residents rarely see the company’s influence discussed in public by city leaders. A recent report on corruption laid out a web of influence by Disney and other resort interests on City Hall policy making. In sworn affidavits, FBI agents also detailed a city largely controlled by Disneyland resort interests. This fall, council members are taking up a host of items designed to curb special interest influence.
California – How California Lobbyists Jam the Capitol for ‘High-Pressure’ Meetings to Sway Lawmaker Votes
Yahoo News – Lindsey Holden (Sacramento Bee) | Published: 9/14/2023
During the final days of the legislative session in California, lobbyists pack the Capitol rotunda in hopes of snagging some last-minute face time with Assembly members and senators as they cast their final votes for the year. Lobbyists began using the rotunda last year, once in-person activity at the Capitol resumed. Lobbyists are not allowed on the Assembly and Senate floors. The Assembly does not permit lobbyists to text members on the floor, although they can do so in the Senate.
Florida – Miami Commissioner Díaz de la Portilla Arrested on Bribery, Money Laundering Charges
MSN – Joey Flechas, Tess Riski, Sarah Blaskey, Jay Weaver, Charles Rabin, and Raisa Habersham (Miami Herald) | Published: 9/14/2023
Miami City Commissioner Alex Díaz de la Portilla and William Riley Jr., an attorney and lobbyist, were arrested on corruption charges. They stand accused of laundering campaign money, failing to report political donations, and spending political funds on personal expenses. Díaz de la Portilla and Riley are accused of conspiring to launder $245,000 in political contributions in exchange for the commissioner’s support on a plan to build a sports complex in Miami.
Florida – State Arrests Former CFO of Disgraced Domestic Violence Coalition. More Arrests Expected.
MSN – Mary Ellen Klas (Miami Herald) | Published: 9/20/2023
After a three-year investigation, state officials arrested Patricia Duarte, the former chief financial officer of the Florida Coalition Against Domestic Violence, for her role in padding the books at the defunct taxpayer-funded organization to compensate herself and Tiffany Carr, the former chief executive officer. Carr was paid $7.5 million in taxpayer funds over three years. A series of stories in The Miami Herald revealed how Carr used her tight control of the coalition to inflate her compensation while domestic violence victims across the state were denied services.
Florida – DeSantis Sits on Florida Ethics Cases as He Vows to ‘Break the Swamp’
Orlando Sentinel – Skyler Swisher | Published: 9/19/2023
As Gov. Ron DeSantis vows to clean up Washington if elected president, dozens of ethics orders seeking to punish the misdeeds of Florida politicians have been languishing on his desk in Tallahassee. The governor has not signed an ethics order since January 28, 2021. Until he takes action, politicians and public employees will not have to pay thousands of dollars in fines, even if they settled their ethics cases and admitted wrongdoing.
Hawaii – This Hawaii Super PAC Says It’s Raising Money for Wildfire Victims – And Political Candidates Too
Honolulu Civil Beat – Allan Kew | Published: 9/18/2023
A progressive political organization is taking advantage of the Maui wildfires to raise hundreds of thousands of dollars that may go to support candidates instead of direct help for victims of the August fires. Our Hawaii Action has raised at least $684,000 through the newly created Maui Community Power Recovery Fund. The group’s fundraising website starts with a familiar pitch, asking donors to “Support Maui Fires: Relief, Recovery and Rebuilding.” The page later notes that money will go to political organizing and campaign operations.
Illinois – Chicago Inspector General’s Office Seizes Computers from City Treasurer’s Office
MSN – Gregory Pratt (Chicago Tribune) | Published: 9/19/2023
Investigators with the Chicago inspector general’s office seized computers from the treasurer’s City Hall offices as part of an investigation into allegations of misconduct against Treasurer Melissa Conyears-Ervin. The move comes after the release late last month of a 2020 letter that laid out a series of accusations by two aides Conyears-Ervin had fired who said the treasurer misused taxpayer resources and abused the powers of her office.
Indiana – Egg Farmer John Rust Files Lawsuit to Face U.S. Rep. Jim Banks in Indiana’s 2024 Senate Primary
Indiana Capital Chronicle – Casey Smith | Published: 9/20/2023
Republican U.S. Senate candidate John Rust filed a lawsuit to get his name on the May 2024 primary ballot. He maintains that a current Indiana law blocking him from the ballot is unconstitutional. Because Rust does not qualify to run as a Republican based only on his primary voting history, he needs additional approval from his county party chairperson. Indiana Republican Party officials have said Jackson County Republican Party Chairperson Amanda Lowery had indicated she would not approve his candidacy.
Michigan – Michigan Marijuana Board Chair Bribed with Sex Worker, Prosecutors Say
Bridge Michigan – Lauren Gibbons | Published: 9/14/2023
Lobbyists offered a sex worker to Rick Johnson, Michigan’s former marijuana board chairperson and a onetime House speaker, as part of a bribe scheme to expedite approval of medical marijuana business licenses, prosecutors revealed. Using the code name “Batman” in reference to Johnson in messages, lobbyists provided the services of the sex worker, tickets to sporting events, and direct cash payments laundered through multiple limited liability companies in return for an edge during the application process, prosecutors said in a sentencing document.
Nevada – Commissioners Adopt ‘Watered-Down’ Lobbyist Policy
This Is Reno – Kristin Hackbarth | Published: 9/19/2023
Washoe’s Board of County Commissioners voted to adopt an ordinance requiring paid lobbyists to identify themselves when providing public comment at commission meetings. Commissioners had directed county staff to draft an ordinance to regulate lobbyists interacting with county policymakers. The policy was modeled after the city of Reno’s. The final ordinance is a stripped-down version of what was presented to commissioners in August, and it removes the requirement for lobbyists to register with the county.
New Jersey – New Jersey Seeks Dismissal of Election Watchdog’s Lawsuit Challenging Controversial Law
New Jersey Monitor – Dana DiFilippo | Published: 9/20/2023
The state Attorney General’s Office asked a judge to dismiss a lawsuit New Jersey’s top election watchdog filed against Gov. Phil Murphy. Jeff Brindle accused the governor of orchestrating a legislative overhaul of the state’s campaign finance law last spring to oust him from his longtime job as executive director of the New Jersey Election Law Enforcement Commission.
North Carolina – NC Lawmakers Could Have Full Discretion Over Public Records with New Budget Provision
MSN – Kyle Ingram and Dan Kane (Charlotte Observer) | Published: 9/20/2023
A provision in the draft state budget may give North Carolina lawmakers full discretion to determine which of their records are public, a move open government advocates said is a drastic reinterpretation of years of precedent in public records law. Legislators are already considered to be custodians of their own records, but current law only allows them to withhold records if they claim an exemption to the law, said Brooks Fuller, director of the North Carolina Open Government Coalition.
North Carolina – NC Speaker’s Campaign Has Paid His Law Firm Almost $70k for Rent, Watchdog Group Says
MSN – Travis Fain (WRAL) | Published: 9/18/2023
A watchdog group is calling on the State Board of Election to clarify North Carolina’s campaign finance rules and crack down on candidates who make money renting office space to their own campaign. The Campaign for Accountability flagged about $70,000 in payments that House Speaker Tim Moore’s campaign has paid on a building he owns, which also houses his law office.
Ohio – 3 Former Columbus Zoo Executives Indicted in $2.2M Corruption Scheme
ABC News – Associated Press | Published: 9/19/2023
Three former Columbus Zoo and Aquarium executives engaged in a pattern of corrupt activity that cost the facility more than $2.2 million, according to an indictment. Tom Stalf, who was the zoo’s president and chief executive officer; ex-Chief Financial Officer Gregory Bell, and Peter Fingerhut, its former marketing director “extorted, conspired, bribed and stole” while colluding with each other for over 10 years, Ohio Attorney General Dave Yost said in announcing the 90-count indictment.
Ohio – Nearly 150 Now Say They Didn’t Agree to Use Their Names on Pro-Fracking Form Letters
MSN – Jake Zuckerman, Sean McDonnell, and Gretchen Cuda Kroen (Cleveland Plain Dealer) | Published: 9/16/2023
As a state board moves toward a decision on opening two state parks and two protected wildlife areas for fracking, its public comments are flush with nearly 150 letters under the names of people who say they did not authorize or send them. Those comments trace back to at least two different entities that wage advocacy and lobbying campaigns for the natural gas industry. Ohio Attorney General Dave Yost has vowed to investigate. The Consumer Energy Alliance has said it does not use names without permission and challenged the accuracy of the reporting.
Oregon – Portland Auditor Investigating Zenith Energy for Lobbying Violations
Street Roots – Jeremiah Hayden | Published: 9/15/2023
The Portland City Auditor’s Office is investigating Zenith Energy for potential violations of the city lobbying code. Confirmation of the investigation comes after it was reported that Zenith Energy and its public relations firm, Pac/West Communications, spent months courting city officials, their staff, and bureau staff to approve a land use permit in 2022.
Pennsylvania – Pennsylvania Debuts Automatic Voter Registration, Joining 23 Other States and D.C.
MSN – Marisa Iati (Washington Post) | Published: 9/19/2023
Pennsylvania implemented automatic voter registration to ease the process of casting a ballot, joining 23 other states and the District of Columbia. Residents who are eligible to vote and who obtain or renew a driver’s license or identification card at the Department of Motor Vehicles now will be guided through the voter registration process by default. If they do not want to be added to the voter rolls, they have to actively opt out.
Pennsylvania – Democrats Again Secure One-Vote Pa. House Majority After Special Election Win
Spotlight PA – Stephen Caruso | Published: 9/19/2023
Democrats have again secured a one-vote majority in the Pennsylvania House, prevailing in an Allegheny County special election the party was widely favored to win. Lindsay Powell’s win will end a two-month tie in the 203-member lower chamber that has existed since state Rep. Sara Innamorato resigned to focus on her run for Allegheny County executive.
Pennsylvania – A Bipartisan Bill Seeks to Crack Down on Harrisburg’s ‘Revolving Door’ of Lobbyists
Spotlight PA – Stephen Caruso | Published: 9/19/2023
A new bill aims to slow the speed of the “revolving door” between public service and private sector lobbying, a threshold that Pennsylvania lawmakers and workers often cross once they leave state government. Current state law bars such officials and employees from lobbying their previous workplaces for a year. The new bill backed by members of both major parties would extend that pause by another year.
Tennessee – A Lawsuit Over Controversial House Sign Rules Is Over. The First Amendment Debate Is Not.
MSN – Angele Latham (Tennessean) | Published: 9/15/2023
A lawsuit over the Tennessee House’s ban on signs the August special legislative session may be coming to a close. But the First Amendment issues surrounding when government can limit speech in the name of order and decorum are not likely going away. Speaker Cameron Sexton has hinted the House may again take up the issue when the Legislature returns in 2024, a move likely to spark renewed debate about the boundaries of free speech.
Texas – Texas Attorney General Ken Paxton Acquitted on All 16 Articles of Impeachment
MSN – Zach Despart (Texas Tribune) | Published: 9/17/2023
Texas Attorney General Ken Paxton was acquitted by the state Senate on 16 charges of bribery, unfitness for office, and abuse of office. He was immediately reinstated, ending a suspension that began in May with his impeachment by the House. The votes sealed the failure of a risky gambit by House Republicans, who began in secret in the spring to investigate, and then purge, a leader of their own party. The results came after sustained pressure on senators from grassroots groups, conservative activists, and the leader of the state Republican Party, who vowed retribution at the ballot box if Paxton was convicted.
Texas – ‘My Vote Was Rejected’: Trial underway in Texas over new voting law
Yahoo News – Edgar Sandoval (New York Times) | Published: 9/19/2023
A trial is underway in Texas over the state’s sweeping election overhaul. Since it went into effect, critics have raised concerns the law would impede voters with disabilities, elderly voters, and voters who do not speak English. The federal trial provides an unusual opportunity to hear directly from voters who wanted to cast a vote but were not able to do so. Lawyers representing the state countered that the new rules prevent potential voter fraud and that voters seem to be adapting better with every passing election.
Wisconsin – Wisconsin Republicans Vote to Fire Elections Director, Who May Not Leave the Job.
MSN – Patrick Marley (Washington Post) | Published: 9/14/2023
Republicans in the Wisconsin Senate voted to fire the state’s top nonpartisan elections official, whose allies responded by saying the lawmakers did not have the power to oust her. The Democratic governor’s administration plans to continue to pay Meagan Wolfe’s salary and make sure she maintains access to her office if she wants to continue as director of the state’s elections commission. The vote creates a dispute over who is in charge of overseeing elections in a state that is expected to play a critical role in next year’s presidential campaign and may have to redraw its legislative districts within months.
September 15, 2023 •
News You Can Use Digest – September 15, 2023
National/Federal Former FTX Crypto Executive Pleads Guilty to Making Millions in Illegal Campaign Contributions Associated Press News – Jake Offenhartz | Published: 9/7/2023 A former top executive at the failed FTX cryptocurrency exchange pleaded guilty to making tens of millions of dollars […]
National/Federal
Former FTX Crypto Executive Pleads Guilty to Making Millions in Illegal Campaign Contributions
Associated Press News – Jake Offenhartz | Published: 9/7/2023
A former top executive at the failed FTX cryptocurrency exchange pleaded guilty to making tens of millions of dollars in illegal campaign contributions and engaging in a criminal conspiracy to operate an unlicensed money transfer business. Ryan Salame, the former co-chief executive of FTX Digital Markets, is the fourth high-ranking official at the company or its affiliates to plead guilty to criminal charges.
Judge Appears to Reject Trump Bid to Talk Classified Info at Mar-a-Lago
MSN – Devlin Barrett (Washington Post) | Published: 9/13/2023
After he was charged with mishandling national security papers, former President Trump asked to be allowed to discuss classified evidence in the case right where he allegedly had kept the documents: at Mar-a-Lago, his Florida home and private club. The federal judge overseeing the case appeared to tell him no recently. U.S. District Court Judge Aileen Cannon issued protective order granting prosecutors’ request for a set of rules about how classified information and documents should be handled in the case, rules that conform to the general practice of federal courts.
Court Sets Strict Limits on Jan. 6 Probe’s Access to Rep. Perry’s Phone
MSN – Spencer Hsu (Washington Post) | Published: 9/13/2023
A federal appeals court barred special counsel Jack Smith’s investigation from recovering cellphone texts and other communications between U.S. Rep. Scott Perry and other lawmakers and staff about overturning the 2020 election on January 6, 2021, and ruled a judge must individually review roughly 2,000 documents to decide which, if any, fall outside lawmakers’ constitutional immunity from criminal investigation. The opinion, which the Justice Department could appeal, prolongs a secret dispute that has tied up the search of the conservative lawmaker’s phone data for more than a year.
Diamonds, Girlfriends, Illicit Lobbying: The fall of a former ambassador
MSN – Craig Whitlock (Washington Post) | Published: 9/9/2023
When Richard Olson Jr. retired from the State Department in 2016, he was lauded by colleagues for an illustrious career that included high-profile postings as the U.S. ambassador to Pakistan and the United Arab Emirates. But previously undisclosed court records reveal the State Department’s inspector general investigated Olson for failing to report a $60,000 gift of diamond jewelry to his mother-in-law from the emir of Dubai. As part of a broader investigation, the FBI also questioned him about his extramarital affair with a journalist working in Pakistan while he was serving as the U.S. ambassador in Islamabad.
5th Circuit Finds Biden White House, CDC Likely Violated First Amendment
MSN – Cat Zakrzewski and Joseph Menn (Washington Post) | Published: 9/9/2023
The U.S. Court of Appeals for the Fifth Circuit ruled the Biden White House, top government health officials, and the FBI likely violated the First Amendment by improperly influencing tech companies’ decisions to remove or suppress posts on the coronavirus and elections. The decision was likely to be seen as victory for conservatives who have long argued social media platforms’ content moderation efforts restrict their free speech rights. But some advocates also said the ruling was an improvement over a temporary injunction U.S. District Court Judge Terry Doughty issued in July.
Peter Navarro Convicted of Contempt for Defying Jan. 6 Panel Subpoena
MSN – Paul Duggan (Washington Post) | Published: 9/7/2023
Peter Navarro, a senior Trump White House aide and vocal election denier who has said he helped hatch a legislative scheme to overturn the results of the 2020 presidential race, was found guilty of contempt of Congress for refusing to cooperate with the House committee investigating the attack on the U.S. Capitol. With right-wing provocateur Stephen Bannon, who was found guilty of contempt of Congress, Navarro is the second high-ranking Trump official to be convicted in a criminal case related to efforts to undo President Biden’s victory at the polls.
As GOP Investigates Prosecutors, Experts Worry About Judicial Independence
MSN – Jacqueline Alemany (Washington Post) | Published: 9/9/2023
Probing investigators’ methods and scruples is a strategy that has been utilized by both political parties during tumultuous moments and is a well-worn tool for lawmakers seeking to give the appearance of oversight. The strategy has been effective in shaping public opinion of the investigations of Donald Trump after years of broadsides against the judicial system by Trump and his allies. But in the wake of 91 criminal charges against Trump, the party’s attacks on prosecutors threatens to degrade an important precedent that protects prosecutorial independence and the ability to fairly root out wrongdoing without partisan influence or gain.
MSN – Heidi Przybyla (Politico) | Published: 9/10/2023
The U.S. Supreme Court’s decision in the 2010 Citizens United case transformed the world of politics. It loosened restrictions on campaign spending and unleashed a flow of anonymous donor money to nonprofit groups run by political activists. The conservative legal movement seized the moment with greater success than any other group, and the consequences have shaped American jurisprudence and politics in dramatic ways.
Kevin McCarthy Announces House Will Begin an Impeachment Inquiry into Biden
NBC News – Rebecca Kaplan, Summer Concepcion, and Sahil Kapur | Published: 9/12/2023
Speaker Kevin McCarthy directed three House committees to open an impeachment inquiry into President Biden to seek bank records and other documents from the president and his son Hunter Biden. McCarthy’s decision represents a major reversal for the speaker after he had he would not open an impeachment inquiry without a vote of the full House. McCarthy faces criticism from across the GOP spectrum due to the lack of evidence implicating the president in Hunter Biden’s transgressions.
Constitutional Debate Over Trump’s Eligibility to Run More Extensive Than Realized
Politico – Zach Montellaro | Published: 9/6/2023
The idea of barring Donald Trump from seeking the presidency on grounds that it would violate the 14th Amendment may be an increasingly popular constitutional argument pushed by a segment of legal scholars and activists. But it turns out election officials have been discussing how to handle it for months. The legal theory argues Trump is constitutionally disqualified from running for president under the amendment’s “insurrection clause,” which states that anyone who “engaged in insurrection or rebellion” after taking an oath of office to defend the Constitution is forbidden from holding public office.
From the States and Municipalities
Canada – Doug Ford Recommends Possible Jail Time for Ontario Lobbyists Caught Breaking the Rules
CTV – Katherine DeClerq | Published: 9/6/2023
Ontario Premier Doug Ford instructed the province’s attorney general to review legislation governing lobbyists and add increased penalties, including jail time, if they break rules. The request comes amid an integrity commissioner report that highlighted how certain developers with access to staff within the housing ministry were given an unfair advantage when it came to a development deal in Clarington. The government has committed to reviewing legislation governing lobbyists in the coming weeks.
Alabama – Alabama Asks US Supreme Court Again to Intervene in Redistricting Case
Yahoo News – Kim Chandler (Associated Press) | Published: 9/12/2203
Alabama asked the U.S. Supreme Court to let it keep Republican-drawn congressional lines in place as the state continues to fight a court order to create a second district where Black voters constitute a majority or close to it. Despite losing at the Supreme Court earlier this year in the redistricting case, the state is pursuing another appeal, hoping for a different result with the most recent Republican version of the map. Alabama asked the justices to stay a ruling issued by a three-judge panel that blocked the use of the latest districts in upcoming elections and directed a court-appointed special master to propose new lines for the state.
Alaska – Supporters of Effort to Repeal Ranked Voting in Alaska Violated Rules, Report Finds
Associated Press News – Becky Bohrer | Published: 9/13/2023
Backers of an effort to repeal ranked voting in Alaska violated state campaign finance rules, including by channeling money through a church-affiliated organization in a way that initially concealed the source of the contributions, a new report alleges. The report from the staff for the Alaska Public Offices Commission recommends penalties of $22,500 for Art Mathias, a leader of the repeal effort, and approximately $20,000 for the church-affiliated Ranked Choice Education Association among its findings.
California – Irvine Becomes Second Orange County City to Eye Tightening Lobbyist Rules
Voice of OC – Noah Biesiada | Published: 9/14/2023
After the corruption scandal kicked off in Anaheim last year, residents and activists throughout Orange County began asking questions about the impacts of lobbyists and if they wield outsized influence. It is a scandal that also touched on Irvine City Hall, where Mayor Farrah Khan’s former consultant Melahat Rafiei admitted to attempted bribery in 2018, forcing officials there to rethink their relationship with lobbyists. Now, new restrictions on lobbyists could be coming to after city council members voted to have city staff come back with proposals to strengthen the city’s disclosure rules.
California – Will Disney’s Representative Have to Register as a Lobbyist at Anaheim City Hall?
Voice of OC – Hosam Elattar | Published: 9/13/2023
The Anaheim City Council is considering beefing up the city’s lobbyist rules in the wake of the corruption scandal and may require government relations employees to register as lobbyists. It marked the first in a series of reform discussions set to take place over the next few months. An investigation detailed a loose network of lobbyists, with little enforcement of the city’s current rules and alleged multiple high-profile lobbyists violated the law by failing to report a host of meetings with officials. Currently, only contracted lobbyists are required to register with the city.
California – Former Anaheim Mayor, Who Admitted to Corruption, Funds Legal Defense with Campaign Money
Voice of OC – Noah Biesiada | Published: 9/7/2023
Former Anaheim Mayor Harry Sidhu has been wrestling with public corruption allegations from the U.S. Department of Justice over the past year, which ended when he signed a plea agreement admitting to the charges. But he did not pay for his own legal defense, his campaign donors did, a total of $300,000 according to campaign finance disclosures. California Fair Political Practices Commission rules make no mention of elected officials being able to use the funds to defend themselves from criminal prosecution.
Connecticut – Supreme Court Hears Free Speech Arguments in Public Campaign Finance Case
CT News Junkie – Hugh McQuaid | Published: 9/13/2023
The publicly funded campaigns of former Sen. Joe Markley and then-Rep. Rob Sampson jointly criticized Connecticut Gov. Dannel Malloy in 2014, including one shared mailer, each paying half the cost. That campaign expenditure and similar ones ignited a free-speech fight that reached the state Supreme Court over whether restrictions on using public campaign funds conflicts with the First Amendment. At issue was whether Markley and Sampson’s criticism of Malloy, who was seeking reelection in 2014, was furthering their own campaigns or boosting the governor’s Republican challenger, Tom Foley.
Florida – DeSantis Took Undisclosed Private Flights and Lodging Through Wealthy Donors
MSN – Isaac Arnsdorf and Josh Dawsey (Washington Post) | Published: 9/14/2023
Florida Gov. Ron DeSantis took at least six undisclosed trips on private jets and accepted lodging and dining in late 2018, according to documents that reflect his proclivity for luxury travel and leisure time with wealthy donors. The trips came during the period between DeSantis’s election and inauguration as governor. DeSantis did not report the flights or accommodations as gifts or campaign contributions, and it is unclear whether he used a separate legal option to personally reimburse for the flights at the cost of coach airfare.
Florida – After Years of Delay, State Dismisses Sexual Harassment Case Against Former Sen. Latvala
Yahoo News – Mary Ellen Klas (Miami Herald) | Published: 9/8/2023
Latvala, who resigned in 2018 after allegations he had sexually harassed a legislative aide and a former lobbyist. Both women continue to stand by their allegations that Latvala, one of the most powerful men in state government, had used his positional power over them to grope them, make inappropriate sexual comments, and make sexual advances. But neither wanted to continue with an ethics trial and said they were exhausted by the emotional turmoil and five-year wait for the state to mete out justice.
Georgia – Trump Won’t Be Tried with Powell and Chesebro Next Month in the Georgia Election Case, a Judge Rules
Associated Press News – Kate Brumback | Published: 9/14/2023
A judge ruled former President Trump and 16 others will be tried separately from two defendants who are set to go to trial in October in the case accusing them of participating in an illegal scheme to overturn the results of the 2020 election in Georgia. Lawyers Sidney Powell and Kenneth Chesebro had filed demands for a speedy trial. Trump and other defendants asked to be tried separately from Powell and Chesebro, with some saying they could not be ready by the October 23 trial date.
Georgia – Judge Denies Mark Meadows’s Effort to Move Georgia Case to Federal Court
MSN – Amy Gardner (Washington Post) | Published: 9/8/2023
A federal judge denied a request from former White House chief of staff Mark Meadows to move the Georgia election-interference case against him from state to federal court, a shift he had sought on the grounds he was a federal officer at the time of the actions that led to his indictment. Meadows had hoped a move to federal court could lead to a dismissal of the case because h as a federal officer, he is immune from prosecution for acts taken in the course of his normal work.
Georgia – Georgia Special Grand Jury Recommended Charging Lindsey Graham in Trump Case
MSN – Holly Bailey (Washington Post) | Published: 9/8/2023
An Atlanta-area special grand jury that investigated alleged 2020 election interference in Georgia by Donald Trump and his allies recommended charging one of Trump’s closest associates, U.S. Sen. Lindsey Graham, and 37 other people, a far larger group than a prosecutor ultimately charged. The final report by the special grand jury largely echoed Fulton County District Attorney Fani Willis’s theory of the case, alleging a sweeping criminal conspiracy to subvert Joe Biden’s legitimate election win in Georgia.
MSN – Gregory Pratt (Chicago Tribune) | Published: 9/11/2023
Less than a week after the release of a 2020 letter alleging city Treasurer Melissa Conyears-Ervin abused her office, the head of the Chicago Board of Ethics said the board handles all such complaints properly by referring them to the city’s inspector general’s office, but it cannot do more unless it receives detailed findings from the inspector general. Under questioning for days about why the board has not acted on the letter even though it and the city Law Department received a copy in December 2020, Ethics Board Chairperson William Conlon defended the board’s actions while also declining to discuss any case specifically.
Illinois – Johnson Transition Leader Agrees to Pay $10,000 Fine for Violating Lobbying Regulation
WTTW – Heather Cherone | Published: 9/12/2023
One of the leaders of Mayor Brandon Johnson’s transition team will pay a $10,000 fine to resolve charges brought by the Chicago Board of Ethics that he violated the city’s lobbying regulations. Djavan Conway, who owns Conway Consulting Group, acknowledged he failed to terminate his registration as a City Hall lobbyist in January 2021. Conway’s failure to notify officials he was not lobbying in 2022 triggered daily fines of $1,000.
Indiana – Campaign Finance Contributions on the Indiana Supreme Court Docket
Indiana Capital Chronicle – Whitney Downard | Published: 9/7/2023
The Indiana Supreme Court heard arguments in a case that would determine whether the state’s election code prohibits or limits corporate contributions to PACs that engage in independent campaign-related expenditures. Attorney James Bopp said while his client, the Indiana Right to Life Victory Fund, has not been limited by the state’s campaign finance laws or restricted from making contributions, a “plain language” reading of statute could potentially harm PAC activities in the future.
MSN – Emily Opilo (Baltimore Sun) | Published: 9/7/2023
Baltimore Mayor Brandon Scott requested guidance from the Board of Ethics on how to keep his campaign separate from city business as the race for mayor begins to heat up. Scott asked for written guidance and an in-person meeting between city ethics officials and Scott’s senior staff. Scott has made moves recently that have intermingled campaign and official duties.
Massachusetts – Attorney General in Settlement Negotiations with State GOP, Senator Over Alleged Campaign Finance Violations
MSN – Matt Stout (Boston Globe) | Published: 9/8/2023
State General Andrea Campbell’s office is negotiating a potential settlement with the Massachusetts Republican Party, its former leader, and a state senator, among others, over alleged campaign finance violations, signaling the years-long probe could be nearing a close. Campaign finance regulators first referred evidence to prosecutors in 2021 that then-state GOP Chairperson Jim Lyons, as well as state Sen. Ryan Fattman and Worcester County register of probate Stephanie Fattman, may have violated various campaign finance laws during the 2020 election, including those barring people from disguising the true source of donations.
Michigan – FOIA Friday: Private business ties raise calls for ethics reforms
Axios – Samuel Robinson | Published: 9/8/2023
Michigan Republicans are calling on House Democrats to move on legislation to bring financial disclosure requirements to lawmakers following a media investigation of state Rep. Angela Witwer. She has maintained a close relationship with the consulting firm she founded, The Detroit News found. The firm, Edge Partnerships, has worked with trade associations and agencies like the Michigan Department of Education, whose funding is set by lawmakers, including Witwer in her influential role as House Appropriations Committee chairperson.
Michigan – Michigan Ethics Board Finds State Arts Council Member Violated Conflict of Interest Rules
Detroit News – Beth LeBlanc | Published: 9/7/2023
A rarely used state ethics panel ruled an appointee to the Michigan Arts and Culture Council violated ethics policy by failing to recuse herself from several votes on grants for organizations she leads. The State Board of Ethics ruled Deborah Mikula violated two sections of the state ethics law related to conflicts-of-interest but did not violate two other provisions when she voted in favor of grants for the Michigan Library Association, where she serves as executive director, and the Cultural Advocacy Network of Michigan, where she once served as president.
New York – Judge Rules N.Y.’s Ethics Commission Is Unconstitutional in Cuomo Case
Albany Times Union – Brendan Lyons | Published: 9/11/2023
A state Supreme Court justice ruled that a commission created last year to enforce ethics rules for New York’s employees and elected officials violates the state’s constitution because it is too independent. The ruling was issued in a court battle in which former Gov. Andrew Cuomo has fought against the ethics commission’s efforts to investigate a $5 million deal he received for writing a book about his administration’s handling of the pandemic. The decision is expected to be reviewed by the Court of Appeals, New York’s highest court.
New York – Ulrich, the Ex-NYC Building Commissioner, Indicted by Bragg in Sweeping Corruption Case
MSN – Joe Anuta, Jeff Coltin, and Emily Ngo (Politico) | Published: 9/13/2023
Manhattan District Attorney Alvin Bragg released a multi-count indictment of former city Department of Buildings Commissioner Eric Ulrich, accusing him of abusing his position and in his role as a former adviser to Mayor Eric Adams. Ulrich was among seven people charged in the wide-ranging indictment. “We allege that Eric Ulrich accepted or solicited more than $150,000 worth of bribes in less than two years by monetizing each elected and appointed role he held in New York City government,” Bragg said.
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 9/7/2023
Ohio will use the same congressional districts in 2024 that it used last year, as the state Supreme Court granted the dismissal of two legal challenges to the map the court previously deemed to be unconstitutionally gerrymandered in favor of Republicans. The plaintiffs in the lawsuits had sought the dismissal of their own cases, saying they do not want voters to be in limbo ahead of the election. They also fear that if the current map is thrown out, Republicans would draw an even more GOP-friendly map than the current one, under which Republicans hold 10 seats and Democrats hold five.
Ohio – Rep. Bob Young Resigns from Ohio House as He Faces Domestic Violence Charges
Yahoo News – Haley BeMiller (Akron Beacon Journal) | Published: 9/8/2023
State Rep. Bob Young announced his resignation from the Ohio House as he faces allegations of domestic violence and violating a restraining order. Young was charged with misdemeanor domestic violence and assault in July. He is accused of slapping his wife during a private party at his home following a fundraiser.
Oklahoma – Leaders Concerned About the Future of the Oklahoma Ethics Commission
Tulsa World – Randy Krehbiel | Published: 9/11/2023
The Oklahoma Ethics Commission has six employees and a budget of about $820,000 a year, making it one of the smallest and least-funded state agencies. Its executive director is leaving at the end of the year and its online database will go dark during the middle of next year’s campaign season if something is not done soon. Commissioner Jarred Brejcha is confident the panel can handle the flood of money, much of it untraceable, pouring into races at every level. Others, including the exiting executive and a former commissioner, are not nearly as convinced.
Pennsylvania – A Judge Ruled Against the Philly Ethics Board in Its Case Against Super PAC That Supported Mayoral Candidate Jeff Brown
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 9/12/2023
Court of Common Pleas Judge Joshua Roberts dismissed a lawsuit filed by the city Board of Ethics that alleged mayoral candidate Jeff Brown illegally coordinated with For a Better Philadelphia, a super PAC. Roberts’ ruling neither rejected any of the facts laid out by the board nor challenged the board’s authority to regulate super PACs, which are allowed to accept unlimited donations but are prohibited from coordinating with campaigns. Instead, the judge focused on a debate over definitions that had been central to the case.
South Carolina – Former Richland Councilwoman Hit with $300K Ethics Fine. Here’s How She Can Cut It by 90%
Yahoo News – Bristow Marchant (The State) | Published: 9/8/2023
After years of failure to disclose her financial interests and campaign spending to the state, a former member of Richland County Council has been hit with a nearly $300,000 penalty by the South Carolina Ethics Commission. But commissioners gave former Councilperson Gwendolyn Kennedy a window to avoid paying most of her fine. The commission found Kennedy committed 134 separate violations of state ethics law and campaign disclosure requirements dating to her time on county council from 2016 to 2020. The commission reached its decision after an August 17 hearing, at which the commission order notes Kennedy did not appear.
Tennessee – Did Commissioner and Developer Break Rules on Property Sale? Ethics Committee Will Decide
Yahoo News – Allie Feinberg (Knoxville News Sentinel) | Published: 9/13/2023
The Knox County Ethics Committee is considering a complaint filed against a county commissioner and a well-known developer over whether a property sale violated the ethics code ethics code. Scott Davis of Mesana Investments transferred ownership of a plot of land to Commissioner Kyle Ward, who paid $10 for the land, which the county appraised for more than $50,000 earlier this year. The complaint alleges Ward accepted a gift of over $50,000, which violates the ethics code.
Texas – Texas AG Ken Paxton Won’t Lose State Pension – Even If Convicted at Impeachment Trial
MSN – Robert Garrett and Lauren McGaughey (Dallas Morning News) | Published: 9/13/2023
No matter how his impeachment trial turns out, Texas Attorney General Ken Paxton’s state pension is not in jeopardy. Paxton is among an elite set of elected officials. Even if they are impeached, convicted, and booted from office, state legislators and statewide officeholders such as Paxton retain their pensions. Only judges, who are enrolled in a separate pension fund, lose these retirement benefits if they are impeached and removed.
Virginia – Candidate in High-Stakes Virginia Election Performed Sex Acts with Husband in Live Videos
MSN – Sarah Rankin and Denise Lavoie (Associated Press) | Published: 9/11/2023
A candidate in a high-stakes legislative contest in Virginia had sex with her husband in live videos posted on a pornographic website and asked viewers to pay them money in return for carrying out specific sex acts. Susanna Gibson, who is running for a seat in the House of Delegates in a district just outside Richmond, issued a statement in which it denounced the sharing of the videos as a violation of the law and her privacy. The contest will carry significant weight in determining the balance of power in the Virginia General Assembly.
Virginia – Youngkin Borrowed Altria’s Jet. No One Will Say Where He Went.
Virginia Public Media – Ben Paviour | Published: 9/11/2023
Gov. Glenn Youngkin flew on Altria’s private jet to and from an undisclosed location at an unknown time, according to campaign finance records. Neither his campaign committee nor Altria will say who else was on board or give any other details about the trip. It is one of a handful of times Youngkin has benefited from donors who have given him at least $365,000 worth of unspecified “flight services” as part of his political work. Altria is a major player in Virginia politics and the General Assembly.
September 8, 2023 •
News You Can Use Digest – September 8, 2023
National/Federal AI Deepfakes in Campaigns May Be Detectable, But Will It Matter? MSN – Jim Saska (Roll Call) | Published: 9/5/2023 Deepfake audio, authentic sounding but false recordings built from short snippets of a subject talking, have become extremely realistic, presenting the […]
National/Federal
AI Deepfakes in Campaigns May Be Detectable, But Will It Matter?
MSN – Jim Saska (Roll Call) | Published: 9/5/2023
Deepfake audio, authentic sounding but false recordings built from short snippets of a subject talking, have become extremely realistic, presenting the potential for underhanded political tactics. Artificial intelligence (AI) developers warn that the technology’s rapid development and widespread deployment risks undermining the foundations of representative democracy. Campaign attack ads have long used the most unflattering pictures of their opponents. But AI will supercharge the ability of campaigns, and their rogue supporters, to produce believable fakes.
Democrat Introduces Bill to Limit Defense Contractor, Foreign Government Influence on Pentagon
MSN – Brad Dress (The Hill) | Published: 8/29/2023
Rep. Andy Kim announced he reintroduced legislation that would limit the ability of major defense contractors and foreign governments to hire former Defense Department officials and influence the Pentagon as lobbyists. The Department of Defense Ethics and Anti-Corruption Act would impose a four-year ban on defense contractors hiring senior Pentagon officials and enact a similar ban on former Defense Department employees who managed their contracts.
Court Undoes Ruling Allowing DOJ Access to Scott Perry’s Phone
MSN – Rachel Weiner and Spencer Hsu (Washington Post) | Published: 9/5/2023
A federal appellate court blocked Justice Department access to the phone records of a Republican lawmaker as part of the investigation charging former President Trump with trying to undo the 2020 election results. The ruling stymies investigators who have been fighting to review thousands of documents from Rep. Scott Perry. U.S. District Court Judge Beryl Howell granted the special counsel access to most of the records nine months ago. Perry had argued the search would violate constitutional protection from criminal investigation for lawmakers engaged in “speech or debate.”
Project Veritas Audit Accuses ‘Untouchable’ Founder of Improper Spending
MSN – Will Sommer (Washington Post) | Published: 9/5/2023
An audit showed Project Veritas founder James O’Keefe covered personal expenses with funds from the donor-supported nonprofit whose self-described mission is investigative journalism. The Westchester County, New York, district attorney’s office is investigating O’Keefe. Before he left Project Veritas in February, under pressure from its board of directors, O’Keefe was surrounded by a “cult of personality” that enabled him to behave as if he were “untouchable,” the audit concluded.
MSN – Brian Metzger (Business Insider) | Published: 9/5/2023
Republicans on Capitol Hill have hired far more former lobbyists to work in their offices than Democrats in the last year, according to a new analysis. Legistorm found that 61 of the 91 former lobbyists who took jobs in partisan offices on Capitol Hill in the last year were hired by Republicans. But the problem of the “revolving door” is one that besets both political parties.
Enrique Tarrio, Proud Boys Leader on Jan. 6, Sentenced to 22 Years for Seditious Conspiracy
Yahoo News – Kyle Cheney (Politico) | Published: 9/5/2023
Enrique Tarrio, the national leader of the Proud Boys on January 6, 2021, was sentenced to 22 years in prison for masterminding a seditious conspiracy aimed at derailing the transfer of power from Donald Trump to Joe Biden. The sentence, the lengthiest among hundreds arising from the attack on the Capitol, is a reflection of prosecutors’ evidence that the Proud Boys, helmed by Tarrio, played the most pivotal role in stoking the violent breach of police lines and the Capitol itself.
Google to Require ‘Prominent’ Disclosures for AI-Generated Election Ads
Yahoo News – Davey Alba (Bloomberg) | Published: 9/6/2023
Google will make it mandatory for all election advertisers to add a clear and conspicuous disclosure starting in mid-November when their ads contain Artificial Intelligence generated content. Advertisers must include prominent language like, “This audio was computer generated,” on altered election ads across Google’s platforms. The policy does not apply to minor fixes, such as image resizing or brightening. The update will improve Google’s transparency measures for election ads, the company said.
From the States and Municipalities
Canada – Former CRT Chair Appointed as New Interim Federal Ethics Commissioner
Globe and Mail – Ian Bailey | Published: 9/1/2203
Konrad Winrich von Finckenstein, a former chairperson of Canada’s broadcasting regulator, has been named interim federal conflict-of-interest and ethics commissioner, after the government’s previous pick for the role resigned amid concern about the appropriateness of the appointment. Mario Dion, who stepped down as commissioner in February, said the vacancy has put investigations on hold. During Dion’s term, he found Prime Minister Justin Trudeau and several cabinet ministers had broken ethics rules.
Yahoo News – Ethan Cohen and Fredreka Schouten (CNN) | Published: 9/5/2023
A federal court blocked a newly drawn Alabama congressional map because it did not create a second majority-Black district, as the U.S. Supreme Court had ordered earlier this year. The three-judge panel ordered a special master to submit three proposed maps that would create a second Black-majority district by September 25. The judges wrote they were “not aware of any other case,” where a state Legislature had responded to being ordered to a draw map with a second majority-minority district, by creating which the state itself admitted did not create the required district.
Alaska – Two More Alaska Ballot Measures Pass Legal Muster, But Another Is Disqualified
Alaska Public Media – James Brooks (Alaska Beacon) | Published: 9/6/2023
Alaska Lt. Gov. Nancy Dahlstrom approved two ballot measures and disqualified a third from advancing into the signature-gathering phase. One of the two measures approved by Dahlstrom would reimpose limits on political contributions. The state has been without donation caps limits since 2021, when the Ninth U.S. Circuit Court of Appeals struck down Alaska’s prior limits after a lawsuit by Republican activists.
California – How a New City Council Map of L.A. Turned into a Political Brawl
DNyuz – Jill Cowan, Serge Kovaleski, and Leanne Abraham (New York Times) | Published: 9/4/2023
The redistricting battle in Los Angeles underscores how some big city leaders – often Democrats – have used gerrymandering for their political advantage, much the way Republican lawmakers have redrawn legislative lines to secure or expand their control over some statehouses. Similar fights have been waged in Boston, Miami, and Chicago. The conflict in Los Angeles became a national controversy after audio was leaked that revealed the racist language that politicians used behind closed doors to discuss where to draw district boundaries.
California – San Francisco Corruption: Ex-parole agent pleads guilty in bribery case
San Francisco Standard – Noah Baustin | Published: 8/31/2023
An ex-parole agent and local pop singer pleaded guilty to bribery charges in federal court, marking the latest development in a Justice Department investigation uncovering corruption in San Francisco City Hall. Prosecutors accused Ken Hong Wong of paying former San Francisco Public Works head Mohammed Nuru $20,000 to get someone an engineering job in his department. An investigation revealed the job recipient was Xulu Liu, a recent college graduate and Chinese national. Public Works hired Liu as an assistant engineer earning $46 an hour in September 2019, public records show. She left the job after two weeks.
California – San Jose Council Eases Transparency Rule
San Jose Spotlight – Jana Kadash | Published: 9/5/2023
The San Jose City Council changed three ethics rules that could affect how money is used to influence policy. Officials revised the city’s “revolving door” protocol for former employees, removed fees for late lobbying disclosures, and uncapped reimbursement amounts for personal loans candidates made to their campaigns. City Clerk Toni Taber said the city did not collect fines for late weekly filings before the council nixed the fees. A media review found lobbyists often do not fill out the forms properly even if submitted on time.
California – Anaheim’s Corruption Scandal Causes Residents to Demand Reforms
Voice of OC – Hosam Elattar | Published: 9/6/2023
Anaheim residents and local community groups are charting their own path for reforms in the wake of a corruption scandal that has entangled City Hall. Residents and activists decided to take matters into their own hands after seeing Anaheim City Council members largely ignored calls for reforms until their most recent meeting on the heels of the former mayor agreeing to plead guilty to public corruption charges.
Florida – DeSantis Names Moms for Liberty Co-Founder to Florida Ethics Panel
MSN – Andrew Atterbury (Politico) | Published: 9/6/2023
Gov. Ron DeSantis appointed Tina Descovich, a co-founder of the conservative parental rights group Moms for Liberty, to the Florida Commission on Ethics. The move gives the governor a staunch ally on the panel responsible for weighing complaints against public officials in the state, which recently saw one remember resign after a conflict-of-interest violation. Aside from organizing the parental advocacy group, Descovich is a former school board member and runs a political committee that helped some conservatives win local education elections in 2022.
Florida – Judge Says DeSantis’ Congressional Map Is Unconstitutional, Orders Lawmakers to Draw New One
Yahoo News – David Kihara and Gary Fineout (Politico) | Published: 9/2/2023
A judge ruled Gov. Ron DeSantis’s redrawn congressional districts in North Florida violate the state’s constitution and ordered the Republican-led Legislature to create a new map. The ruling is a rebuke to DeSantis, who previously vetoed the Legislature’s attempts to redraw Florida’s congressional maps and pushed lawmakers to approve his map that dismantled a seat formerly held by Rep. Al Lawson, a Black Democrat. The section violated is commonly referred to as the Fair Districts Amendment, which states that lawmakers cannot redraw congressional districts that “diminish” minority voters’ ability to elect someone of their choice.
Georgia – Efforts to Punish Fani Willis Over Trump Prosecution Are ‘Political Theater,’ Georgia Gov. Kemp Says
MSN – Jeff Amy (Associated Press) | Published: 8/30/2023
Georgia Gov. Brian Kemp offered his strongest denunciation to date of efforts by his fellow Republicans to go after Fulton County District Attorney Fani Willis, dismissing the moves as “political theater that only inflames the emotions of the moment.” Some Republicans in Washington and Georgia have been attacking Willis since even before she announced the indictment of Donald Trump for conspiring to overturn the 2020 election. Kemp said any calls for a special session to impeach Willis or defund her office were wrong and she had done nothing to merit removal.
Georgia – Judge Denies Kenneth Chesebro’s Request to Sever Georgia Charges from Sidney Powell
The Hill – Zach Schonfeld | Published: 9/6/2023
A state judge denied Kenneth Chesebro’s attempt to sever his charges in the Georgia election interference case from fellow Trump-aligned attorney Sidney Powell, saying he did not deem it necessary to do so to achieve a fair trial. But Fulton County Superior Court Judge Scott McAfee did signal he has doubts about District Attorney Fani Willis’s broader desire to try all 19 co-defendants, including former President Trump, together.
Illinois – Chicago Treasurer Accused of Misconduct and Ethical Violations in Letter City Kept Secret for Years
Yahoo News – Gregory Pratt (Chicago Tribune) | Published: 9/5/2023
Chicago City Treasurer Melissa Conyears-Ervin used government workers to plan her daughter’s birthday party and be her personal bodyguard while she also pressured public employees to hold events benefiting political allies and repeatedly misused taxpayer resources, two former top aides alleged in a recently released letter the city fought for years to keep confidential. After Conyears-Ervin in 2020 dismissed employees Ashley Evans and Tiffany Harper, they shared a $100,000 settlement from the city. That settlement came after the letter was sent to the city’s top attorney and the Board of Ethics.
Kentucky – Greenberg’s Wife Has Role in Administration. Louisville’s Nepotism Code Might Not Allow
MSN – Josh Ward (Louisville Courier-Journal) | Published: 9/5/2023
The spouses of presidents and governors often have formal positions, as well as aides and offices. That is not common at the municipal level. But the Louisville mayor’s office bucks that trend, and it may run afoul of the city’s anti-nepotism rules. Sources said Mayor Craig Greenberg’s wife has an office in Metro Hall, a city-issued email, and gives orders to staffers. The Louisville ethics code says, “a family member of the Mayor” or other elected official “shall not be employed by or appointed to a position with such elected official’s office.”
Louisiana – Gubernatorial Frontrunner Jeff Landry Facing Ethics Charge
MSN – Ian Auzenne (WWL) | Published: 9/2/2023
A 2021 plane flight taken by Louisiana Attorney General Jeff Landry, who is the leading Republican candidate for governor, is landing him in trouble with the state Board of Ethics. The board voted to charge Landry and Stanton Aviation with one count each of ethics violations. Landry is charged with accepting a gift in relation to his position as attorney general. Stanton Aviation is charged with providing a gift to Landry.
MSN – Emily Opilo (Baltimore Sun) | Published: 9/6/2023
The Baltimore Board of Ethics must release the list of donors to a legal-defense fund formed to benefit city council President Nick Mosby and former State’s Attorney Marilyn Mosby, Maryland’s Public Information Act Compliance Board ordered. The compliance board found the ethics panel violated the Public Information Act by redacting the names of more than 130 donors to the fund when it released the list in March. The ethics board argued the names constituted financial information.
Nevada – Assemblywoman Michelle Gorelow Won’t Run for Re-election Amid Scrutiny Over Nonprofit Ties
Nevada Independent – Jacob Solis | Published: 9/1/2023
Nevada Assemblyperson Michelle Gorelow will not run for re-election in 2024, a surprise move that comes after Gorelow had come under increasing pressure to justify taking a new position at a nonprofit that received hundreds of thousands of dollars in legislatively approved funding earlier this year. Separately, Assemblyperson C.H. Miller has come under fire for failing to disclose his employment by the Urban Chamber in a regular financial disclosure form ahead of a vote to give the nonprofit $100,000.
New York – State Gaming Official Voted on Rules Affecting Her Firm’s Client
Albany Times Union – Emilie Munson | Published: 9/1/2023
Over the course of about a year, New York Gaming Commissioner Marissa Shorenstein voted on multiple regulations with implications for a client of her employer, but the commission said her actions avoided any conflict-of-interest. Shorenstein worked as a principal at SKDK, a prominent public relations and lobbying firm that did work for the New York Racing Association, a not-for-profit corporation that operates three thoroughbred tracks in New York and is regulated by the Gaming Commission.
New York – Trump Accuser E. Jean Carroll Wins Liability Claims in Next Civil Case
MSN – Shayna Jacobs (Washington Post) | Published: 9/6/2023
E. Jean Carroll, the advice columnist who was awarded $5 million in damages at a civil sexual assault trial against former President Trump in May, won the majority of a related defamation case in a summary judgment decision. U.S. District Court Judge Lewis Kaplan ruled the May verdict clearly proved disparaging comments Trump made about Carroll in 2019 were false. Those comments do not need to be aired again to prove liability to jurors in s civil defamation trial scheduled for January, Kaplan said.
Ohio – Sen. Sherrod Brown Bets a Progressive Can Still Win in Trump-Leaning Ohio
MSN – Camila DeChalus (Washington Post) | Published: 9/2/2023
Democrat Sherrod Brown has won three U.S. Senate terms in Ohio, once a key swing state that has shifted solidly to Republicans over the past two presidential elections with a personal appeal to working-class families and particularly union trades. Now facing a tough reelection challenge in 2024, Brown is wagering that by casting himself as a pro-labor, progressive populist, he can retain support from White working-class voters whose embrace of Donald Trump has propelled Ohio’s move to the right.
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 9/3/2023
The Catholic Church in Ohio is gearing up for this November’s election in a manner that in some ways resembles a PAC. It is preparing to distribute literature to parishioners, deploy church leaders to political fundraisers, make direct campaign contributions, and have its priests preach from the pulpit in opposition to a ballot measure that would add legal protections for abortion to the state constitution. Brian Hickey, executive director of the Catholic Conference of Ohio, said he has heard from people who believe that churches and other religious organizations are not allowed to wade into politics under federal tax law. But that is not the case, Hickey said.
MSN – Maxine Bernstein (Portland Oregonian) | Published: 9/1/2023
The St. Helens Professional Fire Fighters Association Local 321 failed to properly report the source of a $6,000 contribution for the May election of three new Columbia River Fire & Rescue board members, according to a complaint to the state secretary of state’s office. The three union-backed candidates also never reported any contributions from the union, which paid for posters, mailers, and signs promoting their candidacy for a board seat, according to state records.
Pennsylvania – Inside Spotlight PA’s Fight to Unseal Lobbyist Communications with the Legislature
Spotlight PA – Angela Couloumbis | Published: 9/1/2023
A clause in Pennsylvania’s Right-to-Know Law says that correspondence between a state lawmaker and a person seeking their help is off-limits to the public – unless that person is a lobbyist. But for years, the Legislature has summarily rejecting all requests for its emails, letters, or other forms of communications regardless of who was on the sending or receiving end. Spotlight PA put the lobbyist clause to the test by requesting from both the state House and Senate copies of communications between legislators and a narrow group of well-known lobbyists.
South Dakota – Legislator’s Conflict of Interest Puts Meaning of ‘Indirect’ Under Microscope
MSN – Mackenzie Huber (Sioux Falls Argus Leader) | Published: 9/5/2023
Former South Dakota Sen. Jessica Castleberry was found to have accepted over $500,000 in allegedly illegal indirect benefits from state government while serving as a legislator. The state constitution prohibits lawmakers from being interested “directly or indirectly” in contracts with the state or counties. In the handful of state Supreme Court cases and opinions dealing with the matter over the last 135 years, none has explicitly defined “indirect,” said Michael Card of the University of South Dakota.
Texas – Judge Declares City Campaign Contribution Blackout Period Unconstitutional
Austin Monitor – Jo Clifton | Published: 9/1/2023
U.S. District Court Judge Robert Pitman declared an Austin regulation on campaign fundraising unconstitutional. The regulation prohibits candidates for city council seats from seeking or accepting campaign contributions more than a year before an election. The rule was enacted after another judge struck down a city regulation prohibiting candidates from raising money more than six months before an election.
Texas – A Conservative Push to Save Ken Paxton
Yahoo News – J. David Goodman (New York Times) | Published: 9/4/2023
With television ads, text messages, direct mail, and billboards, supporters of the embattled Texas Attorney General Ken Paxton have embarked on an escalating campaign of political pressure, backed by hard-right billionaires, aimed at trying to sway the outcome of Paxton’s impeachment trial. The targets of their efforts are narrow: the 19 Republican members of the state Senate who will act as jurors in the trial and decide whether allegations of corruption and abuse of power are serious enough to warrant permanently removing and barring Paxton from office.
West Virginia – PSC Chooses Firm to Audit Mon Power and Potomac Edison Lobbying Expenses
Charleston Gazette-Mail – Mike Tony | Published: 9/5/2023
The West Virginia Public Service Commission chose Van Reen Accounting to audit Mon Power and Potomac Edison lobbying expenses in a review that will cover costs charged to the FirstEnergy subsidiaries related to the largest bribery scandal in Ohio history. The scope of the audit is to include lobbying and other costs of all FirstEnergy companies related to Ohio House Bill 6. That legislation was a billion-dollar bailout of FirstEnergy nuclear plants in Ohio.
September 1, 2023 •
News You Can Use Digest – September 1, 2023
National/Federal A Lawmaker Hid One Key Fact as He Fought Checks on Gun Shops DNyuz – Glen Thrush (New York Times) | Published: 8/25/2023 Rep. Andrew Clyde has been in Congress only since 2021, but he has quickly emerged as a vocal […]
National/Federal
A Lawmaker Hid One Key Fact as He Fought Checks on Gun Shops
DNyuz – Glen Thrush (New York Times) | Published: 8/25/2023
Rep. Andrew Clyde has been in Congress only since 2021, but he has quickly emerged as a vocal opponent of gun control, handing out dozens of AR-15 pins to exemplify his wide-ranging push to roll back federal firearms regulation. At a subcommittee hearing, Clyde grilled the director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives about a little-known program to monitor gun dealers found selling large numbers of weapons later traced to crimes. Clyde did not disclose one of two gun stores he owns in Georgia was placed in the monitoring program in 2020 and 2021.
Trump Gets March 4 Trial Date in Federal Case Over Efforts to Overturn 2020 Election
MSN – Sarah Wire (Los Angeles Times) | Published: 8/28/2023
Donald Trump will face trial on March 4, 2024, for four felony charges related to his alleged efforts to stay in power after he lost the 2020 election. U.S. District Court Judge Tanya Chutkan said her decision could not take into consideration the former president’s other responsibilities. Trump is again seeking the Republican nomination in 2024. The ruling means jury selection would begin a day before Super Tuesday, when California, Texas, and a dozen other states hold their presidential primaries.
Following Elon Musk’s Lead, Big Tech Is Surrendering to Disinformation
MSN – Naomi Nix and Sarah Ellison (Washington Post) | Published: 8/25/2023
Social media companies are receding from their role as watchdogs against political misinformation, abandoning their most aggressive efforts to police online falsehoods in a trend expected to affect the 2024 presidential election. Mass layoffs at Meta and other major tech companies have gutted teams dedicated to promoting accurate information online. An aggressive legal battle over claims the Biden administration pressured social media platforms to silence certain speech has blocked a key path to detecting election interference. Elon Musk has reset industry standards, rolling back strict rules against misinformation on X.
Trump Is Selling His Mug Shot on Shirts, Koozies and Bumper Stickers
MSN – Timothy Bella (Washington Post) | Published: 8/25/2023
Not long after Donald Trump was booked on felony charges alleging that he participated in a conspiracy to overturn his 2020 election loss in Georgia, his 2024 presidential campaign was selling merchandise featuring the first mug shot of a former American president. Other Republicans are also raising money off the mug shot. A committee for Sen. Marsha Blackburn, who is running for reelection in 2024, urged supporters to donate to WinRed, a small-donor fundraising platform for Republicans. “Today, ALL defense pledges will be flagged SPECIFICALLY for President Trump’s campaign,” the ad reads.
ChatGPT Breaks Its Own Rules on Political Messages
MSN – Cat Zakrzewski (Washington Post) | Published: 8/28/2023
OpenAI initially banned campaigns from using ChatGPT, its artificial intelligence-powered chatbot. But OpenAI then updated its website with a new set of rules limiting only what the company considers the riskiest applications. These rules ban campaigns from using ChatGPT to create materials targeting specific voting demographics, a capability that could be abused and spread disinformation. Yet ChatGPT can still be used to generate tailored political messages, an enforcement gap that comes ahead of the Republican primaries and amid a critical year for global elections.
Mitch McConnell Appears to Freeze Again While Talking with Reporters
MSN – Marisa lati and Paul Kane (Washington Post) | Published: 8/30/2023
Senate Minority Leader Mitch McConnell appeared to freeze for more than 20 seconds while taking questions from journalists in an incident that mirrored another occasion when he abruptly stopped speaking in late July. A reporter asked him about running for reelection in 2026. After about seven seconds, an aide approached and asked the senator if he had heard the question. McConnell stared straight ahead, and the aide asked reporters to give them a minute.
Judge Says Peter Navarro Can’t Use Privilege as Defense in Contempt Case
MSN – Paul Duggan (Washington Post) | Published: 8/30/2023
A judge ruled Peter Navarro, a Trump White House adviser charged with criminal contempt of Congress, cannot argue to a jury that he was barred by executive privilege from providing testimony and documents to the House committee investigating the attack on the U.S. Capitol. Navarro has continually asserted, without proof, that he defied the subpoena because Trump, in conversations with him, invoked executive privilege and instructed Navarro not to reveal any privileged information related to topics the committee was investigating.
Justice Thomas Says He Used Private Jet for Security Reasons after Dobbs Leak
MSN – Ann Marimow (Washington Post) | Published: 8/31/2023
Supreme Court Justice Clarence Thomas reported three 2022 trips on the private jet of a Texas billionaire in a newly released financial disclosure form, and for the first-time detailed Harlan Crow’s purchase of three properties from the justice’s family years. Thomas said he opted to fly on Crow’s private plane for one of the trips on the advice of his security detail. The justices faced heightened security risks, Thomas noted, after the leak of the court’s majority opinion to overturn Roe v. Wade.
Republican Women, Fearing Backlash on Abortion, Pivot to Birth Control
Yahoo News – Annie Karni (New York Times) | Published: 8/30/2023
Vulnerable U.S. House Republicans, especially those in politically competitive districts, are trying to reconcile their party’s hardline anti-abortion policies with the views of voters in their districts, particularly independents and women. While many of these GOP lawmakers have cast votes this year to limit abortion access – maintaining a stance that some Republicans concede hurt their party in last year’s midterm elections – others spent part of the congressional recess talking up their support for birth control access, which is broadly popular across the country and across party lines.
X to Allow Political Ads for the First Time Since 2019
Yahoo News – Rebecca Klar (The Hill) | Published: 8/29/2023
X, the platform formerly known as Twitter, will allow political ads heading into the 2024 election cycle for the first time since 2019. The update is the latest change since Elon Musk bought the platform in October. While allowing paid political ads back, the platform will enforce policies that aim to combat the spread of false information.
GOP Salivates at the Biggest Campaign Finance Win Since Citizens United
Yahoo News – Ally Mutnick and Zach Montellaro (Politico) | Published: 8/29/2023
Republicans are growing increasingly optimistic about their prospects in a little-noticed lawsuit that would allow official party committees and candidates to coordinate freely by removing current spending restrictions. If successful, it would represent a seismic shift in how tens of millions of campaign dollars are spent and upend a well-established political ecosystem for television advertising.
From the States and Municipalities
Alaska – Report from Alaska Campaign Regulator Says Tshibaka-Linked Group Violated State Law
Yahoo News – James Brooks (Alaska Beacon) | Published: 8/26/2023
Staff for the Alaska Public Offices Commission recommended a $16,450 fine against Preserve Democracy, a group led by former U.S. Senate candidate Kelly Tshibaka. Staffers concluded Preserve Democracy failed to register with the commission before campaigning in favor of a proposed ballot measure that would repeal Alaska’s ranked choice voting system.
Arkansas – Arkansas Lawmakers Question Whether Water Company Employees Acted as Lobbyists
Center Square – Kim Jarrett | Published: 8/30/2023
The Arkansas Ethics Commission will look at an email from some Central Arkansas Water Company employees and donations made by the company’s chief executive officer regarding whether they were lobbying. The Joint Performance Review Committee agreed to turn the matters over to the ethics panel after Sen. Dan Sullivan brought the committee an email from employees of the water company known as the Justice, Equity or Diversity and Inclusion Committee.
California – Longtime LA Politician Mark Ridley-Thomas Sentenced to 3 1/2 Years for Bribery
Courthouse News Service – Hillel Aron | Published: 8/28/2023
A federal judge sentenced longtime Los Angeles politician Mark Ridley-Thomas to three-and one-half years in prison. A jury found Ridley-Thomas guilty of bribery for soliciting favors for his son from the dean of the University of Southern California’s School of Social Work, in exchange for helping secure county contracts for the school. The dean, Marilyn Flynn, pleaded guilty to one count of bribery and was sentenced to three years of probation. But Ridley-Thomas maintained his innocence and the case proceeded to trial.
California – San Francisco DA Files New Corruption Charges in Probe with FBI
San Francisco Standard – Josh Koehn | Published: 8/29/2023
San Francisco District Attorney Brooke Jenkins filed multiple felony charges against a former City Hall staffer, Lanita Henriquez, and Rudolph Dwayne Jones, the director of a community grant program for the city, alleging the two conspired to funnel public money into private contracts to enrich themselves. Henriquez allegedly approved 23 contracts in her official capacity with entities controlled by Jones in which she had financial interests.
California – San Francisco Corruption Scandal Forces New Ballot Measure for Voters
San Francisco Standard – Liz Lindqwister | Published: 8/25/2023
San Francisco ethics watchdogs have long urged the city to adopt tighter restrictions on gift-giving practices that have in the past opened the door for corruption. Now, the city will take the issue to voters. The Ethics Commission voted to place a package of anti-corruption measures on the March 5, 2024, ballot. The measures introduce more explicit prohibitions on gift-giving and bribery and add more required ethics training for city officials.
California – Winds of Reform Spark in Anaheim Along with Council Tension During Corruption Probe Fallout
Voice of OC – Brandon Pho and Hosam Elattar | Published: 8/30/2023
After promising to reform a Disneyland resort-friendly City Hall, Anaheim Mayor Ashleigh Aitken sent her resort-backed colleagues the warning shot that some frustrated residents have waited nine months to hear. “My biggest fear is that we were going to hear from … people in the community that we should just … forget about … the problems that were outlined in (a city-commissioned corruption) report,” said Aiken. “I want you to know that I am absolutely not willing to do that.”
California – Is Anaheim a Cue for More Cities to Start Registering Lobbyists?
Voice of OC – Brandon Pho | Published: 8/29/2023
Anaheim has one of Orange County’s most robust online disclosures of registered lobbyists who are paid to sway elected officials on policy making. Yet even with those rules, an FBI corruption probe – and an independent investigation the city commissioned in response – found outsized influence by lobbyists who failed to properly register. Now, some are questioning what that means for other Orange County cities without such policies in place to help members of the public discover the activities of their community’s most influential interest groups.
Florida – Florida’s Affordable Housing Board Suspended Its Director. DeSantis Reinstated Him
MSN – Lawrence Mower (Miami Herald) | Published: 8/28/2023
Gov. Ron DeSantis reinstated Florida’s affordable housing director a month after he was suspended pending the outcome of an inspector general investigation. Mike DiNapoli was DeSantis’s pick to lead the corporation after its previous leader abruptly resigned in January, following the governor’s re-election. DiNapoli was placed on paid administrative leave pending the outcome of an investigation into allegations he created a hostile work environment.
Georgia – Mark Meadows, Former Trump Chief of Staff, Testifies in Georgia
MSN – Holly Bailey and Amy Gardner (Washington Post) | Published: 8/28/2023
Mark Meadows, Donald Trump’s final White House chief of staff, testified he helped question the 2020 presidential election results out of a federal interest in “free and fair elections” intended to build national trust in the outcome and bring on a peaceful transfer of power. Meadows, who along with Trump and 17 others was indicted in Atlanta, is seeking to move his case from state to federal court, claiming he was acting as a federal officer.
Georgia – Judge Rules Giuliani Defamed Georgia Election Workers, Orders Sanctions
MSN – Rachel Weiner (Washington Post) | Published: 8/30/2023
A federal judge ruled Rudy Giuliani is legally liable for defaming two Georgia election workers who became the subject of conspiracy theories related to the 2020 election that were amplified by Donald Trump in the final weeks of his presidency. Giuliani will still go to trial on the monetary damages he owes to Ruby Freeman and her daughter Wandrea ArShaye Moss. But U.S. District Court Judge Beryl Howell has already ordered Giuliani to pay roughly $132,000 in sanctions between his personal and business assets for his failures to hand over relevant information in the case.
Hawaii – Ex-Maui Rep Pleads No Contest to Campaign Spending Violation
Honolulu Civil Beat – Kim Gamel | Published: 8/28/2023
Former Hawaii Rep. Kaniela Ing pleaded no contest to a misdemeanor charge of missing a deadline for filing a campaign spending report. Ing was charged in February after the Campaign Spending Commission took the rare step of referring the case to prosecutors.
Yahoo News – Jason Meisner and Ray Long (Chicago Tribune) | Published: 8/24/2023
A jury convicted a former chief of staff to longtime Illinois House Speaker Michael Madigan of lying under oath to a grand jury to protect his once-powerful boss who is scheduled to go on trial on multiple corruption charges next year. Tim Mapes, who served as Madigan’s chief of staff, was convicted of one count of perjury and one of attempted obstruction of justice. The verdict marked the conclusion of a criminal case that centered on relatively straightforward charges yet delved deeply into the behind-the-scenes political intrigue of the scandals that rocked Madigan’s office and ended his decades-long grip on power.
Kansas – How a Small-Town Feud in Kansas Sent a Shock Through American Journalism
MSN – Jonathan O’Connell. Paul Farhi, and Sofia Andrade (Washington Post) | Published: 8/26/2023
Marion County Police Chief Gideon Cody led officers on a raid of the Marion County Record’s offices and the home of its editor and publisher, seizing computers, servers, cellphones, and other files. The raid was so unusual, and so alarming in its implications for the news media, that it became an international story. Press-advocacy organizations condemned the raid as a breach of state and federal laws that protect the media from government intrusion. The response to the raid was heightened by the sudden death of the editor’s 98-year-old mother, who had railed at the officers sorting through her belongings at their home and collapsed a day later.
Louisiana – Louisiana First in the Nation to Vote on Banning Private Elections Funding
Bolts – Alex Burness | Published: 8/24/2023
Facebook founder Mark Zuckerberg in 2020 donated some $350 million to a previously obscure nonprofit organization called the Center for Tech and Civic Life, which helps maintain and improve local election procedures and ballot access around the country. The money was used for a variety of purposes, including ballot processing equipment and improved pay for election workers. In the October 14 election, Louisianans will see a proposed constitutional amendment that would ban private or foreign money from being used for the purpose of conducting elections.
Michigan – How Trump’s Election Lies Left the Michigan G.O.P. Broken and Battered
Yahoo News – Nick Corasaniti (New York Times) | Published: 8/29/2023
The Michigan Republican Party is starving for cash. A group of prominent activists was hit with felony charges connected to a bizarre plot to hijack election machines. In the face of these troubles, suspicion and infighting have been running high. A recent state committee meeting led to a fistfight. The turmoil is one measure of the way Donald Trump’s lies about the 2020 election have rippled through his party.
New Jersey – ELEC Says Goodbye to Brindle, Begins Search for Replacement
New Jersey Globe – David Wildstein | Published: 8/29/2023
The New Jersey Election Law Enforcement Commission formally accepted Jeff Brindle’s retirement as executive director and will meet to discuss their search for his replacement. Brindle notified commissioners of his plans four weeks ago after heading the campaign finance agency since 2009. His decision came more than five months after Gov. Phil Murphy had sought to oust Brindle from his post over an email sent to a staffer last fall that mocked National Coming Out Day.
New York – Lobbying Topped $300 Million in N.Y. for First Time in 2022
Albany Times Union – Joshua Solomon | Published: 8/28/2023
Spending on lobbying in New York surged last year as the coronavirus pandemic subsided with a record $332 million spent to influence elected officials. The overwhelming majority of the money was spread across 60-plus firms and organizations that were paid at least $1 million in 2022 to lobby on state government matters.
New York – 3 Hosts of an Eric Adams Fund-Raiser Are Said to Face Indictment
DNyuz – William Rashbaum and Jonah Bromwich (New York Times) | Published: 8/28/2023
A few months before he was elected mayor of New York City, Eric Adams was feted at a $1,000-a-head fundraiser. Among the hosts was city Councilperson Eric Ulrich, whom Adams would eventually appoint as buildings commissioner. Now, at least four hosts of the event, including Ulrich, are under scrutiny, with several expected to face charges stemming from a bribery and organized crime investigation by the Manhattan district attorney’s office, according to several people familiar with elements of the inquiry. It is unclear whether the fundraiser is connected to the pending charges.
New York – Trump Asks to Dismiss Suit as A.G. Says He Inflated Worth by $2.2 Billion
DNyuz – Jonah Bromwich, Ben Protess, and William Rashbaum (New York Times) | Published: 8/30/2023
Before Donald Trump was indicted four times over, New York Attorney General Letitia James sued him, alleging his business and members of his family had fraudulently overvalued their assets. James will seek to bar him and three of his children from leading their family business to require him to pay a fine of around $250 million. James is arguing a trial is not necessary to find Trump inflated the value of his assets, fraudulently obtaining favorable loans and insurance arrangements. She said the fraud was so pervasive that Trump falsely boosted his net worth by between $812 million and $2.2 billion each year over the course of a decade.
MSN – Chris Sommerfeldt (New York Daily News) | Published: 8/25/2023
Two top executives at a philanthropic organization that bankrolled New York City Mayor Eric Adams’ recent trip to Israel have significant business and lobbying interests before his administration. The matter involves Marc Rowan and Eric Goldstein of the United Jewish Appeal-Federation of New York. A spokesperson for the group said it spent $4,857 on Adams’ airfare, lodging, food, and other expenses related to his Israel visit.
North Carolina – A North Carolina Court Justice Wants to Block an Ethics Panel Probe, Citing Her Free Speech
MSN – Gary Robertson (Associated Press) | Published: 8/29/2023
A Democratic justice on North Carolina’s Republican-majority Supreme Court sued an ethics panel to block it from investigating her public comments about state courts and colleagues, saying the probe and other recent scrutiny violate her free speech rights. Associate Justice Anita Earls filed the federal lawsuit against the state Judicial Standards Commission. She wants a judge to declare the panel can no longer investigate her speech “on matters of public concern.”
North Carolina – How US Allowed Pandemic Relief to Go to NC Companies Involved in Politics and Lobbying
Yahoo News – Danielle Battaglia (Raleigh News and Observer) | Published: 8/31/2023
Many North Carolina firms involved in lobbying and politics landed Paycheck Protection (PPP) loans, then had them forgiven, at the start of the coronavirus pandemic. The Small Business Administration has excluded those primarily engaged in lobbying or political activities from applying for agency loans. It was believed federal tax money should not be invested into those activities. When Congress authorized the PPP loans to help companies harmed by shutdowns as COVID-19 spread, those rules still applied. The rules allowed some firms in those industries to apply, but only if lobbying or political activity were not their “primary” lines of work.
Ohio – Ohio Abortion Rights Advocates Sue Over Ballot Language
Yahoo News – Jessie Balmert (Cincinnati Enquirer) | Published: 8/28/2023
The group pushing to enshrine abortion access in the Ohio Constitution filed a lawsuit challenging ballot language written by Republicans that reproductive rights advocates say is inaccurate and will confuse voters this fall. Ohioans United for Reproductive Rights asked the state Supreme Court to use the same ballot language they used to circulate petitions and collect signatures. If the court disagrees with that approach, advocates want “blatant inaccuracies” in the language fixed.
Oklahoma – Ryan Walters Ordered to Pay Oklahoma Ethics Commission Over Campaign Report Violations
MSN – Nolan Clay (Oklahoman) | Published: 8/28/2023
State schools Superintendent Ryan Walters was ordered to pay $7,800 to the Oklahoma Ethics Commission for filing campaign reports late 14 times during his run for office last year. Only one of the orders has become final, though it has not been paid. Walters is contesting the others. Dozens of other candidates have had trouble meeting filing deadlines but few to the same extent, records show. Most are fined less than $1,000.
Oregon – Oregon Ethics Watchdogs Launch New Probe into Former Secretary of State Fagan’s Travel
Oregon Capital Chronicle – Julia Shumway | Published: 8/25/2023
The Oregon Government Ethics Commission voted unanimously to investigate former Secretary of State Shemia Fagan’s travel while in office and whether she bilked the state out of thousands of dollars by bringing her family with her on state-funded trips and double-dipping with campaign funds. She is also facing scrutiny from state and federal prosecutors and the state ethics commission, which began a separate probe into her conduct in office, including her $10,000-per-month consulting job with cannabis entrepreneurs involved in an audit conducted by her office.
Oregon – Republican Senators, State Attorneys Seek Oregon Supreme Court Review of Anti-Walkout Law
Oregon Capital Chronicle – Julia Shumway | Published: 8/29/2023
Five Republican senators and attorneys representing the state are seeking a quick resolution from the Oregon Supreme Court on the senators’ challenge to a voter-approved law intended to block them from running for reelection after they ground the legislative session to a halt for six weeks. Voters frustrated with GOP lawmakers’ increasing reliance on quorum-blocking walkouts passed a constitutional amendment to bar any senator with more than 10 unexcused absences from serving another term. Ten conservative senators passed that point in May, and they stayed away for another month as they protested bills on abortion, transgender health care, and guns.
Texas – Judge Declares New Texas Law That Would Erode Cities’ Power to Enact Local Rules Unconstitutional
Texas Tribune – Joshua Fechter | Published: 8/30/2023
A new Texas law aimed at undermining the ability of the state’s bluer urban areas to enact progressive policies is unconstitutional, a Travis County judge. State District Judge Maya Guerra Gamble made the ruling just days before the law, which opponents nicknamed the “Death Star” bill, is slated to take effect. The Republican-backed law aims to stop local governments from enacting a wide range of policies by barring cities and counties from passing local ordinances that go further than what is allowed under broad areas of state law.
WFAA – Tanya Eiserer | Published: 8/29/2023
At the Texas Attorney General’s Office, they are some of Ken Paxton’s staunchest defenders: Solicitor General Judd Stone and general litigation chief Chris Hilton. Both played roles in fighting a lawsuit that alleged Paxton used his office to systemically benefit a friend and campaign donor. Once the House impeached Paxton, Hilton and Stone left the office to join the defense team for their former boss. Normally, it would be against internal ethics rules for a lawyer employed by the attorney general’s office to represent someone other than the state. But Assistant Attorney General Brent Webster waived those rules.
Wisconsin – Wisconsin Supreme Court Flips Liberal, Creating a ‘Seismic Shift’
MSN – Patrick Marley (Washington Post) | Published: 8/27/2023
Liberal groups, long accustomed to seeing the Wisconsin Supreme Court as hostile terrain, quickly maneuvered for potential victories on a string of major issues after voters elected a liberal majority to the court. They filed lawsuits to try to redraw the state’s legislative districts, which heavily favor Republicans. The Democratic attorney general sought to speed up a case challenging a 19th-century law that has kept doctors from providing abortions in Wisconsin. The turnaround is the result of an April election that became the most expensive judicial race in U.S. history, with campaigns and interest groups spending more than $50 million.
Wyoming – Lawmakers Aim to Address Campaign Spending, Residency Requirements with New Bills
Casper Star Tribune – Maya Shimizu Harris | Published: 8/29/2023
Wyoming’s next legislative session will likely see a slate of bills that aim to improve transparency around campaign spending and tighten voter residency requirements. The proposed legislation attempts to address concerns ranging from the influence of private money in campaigns and elections to the question of how long someone should be required to live in Wyoming before they can vote in the state’s elections.
August 25, 2023 •
News You Can Use Digest – August 25, 2023
National/Federal Democratic Group Plans $10 Million Push to Protect Election Officials DNyuz – Nick Corasaniti (New York Times) | Published: 8/17/2023 A group that works to elect Democrats as the top election officials in states around the country is planning a $10 […]
National/Federal
Democratic Group Plans $10 Million Push to Protect Election Officials
DNyuz – Nick Corasaniti (New York Times) | Published: 8/17/2023
A group that works to elect Democrats as the top election officials in states around the country is planning a $10 million venture to pay for private security for election officials of both parties, register new voters, and try to combat disinformation. The Democratic Association of Secretaries of State is starting a tax-exempt organization called Value the Vote that will initially focus on five battleground states: Georgia, Arizona, North Carolina, Nevada, and Wisconsin.
Special Counsel Says D.C. Grand Jury on Trump Documents Case Has Ended
MSN – Devlin Barrett (Washington Post) | Published: 8/22/2023
The federal grand jury in the District of Columbia that helped investigate Donald Trump’s alleged mishandling of classified documents has ended, special counsel Jack Smith said in a court filing, which laid out new details about how the probe quietly expanded to look at alleged coverup efforts. Prosecutors and defense lawyers are sparring over the use of two grand juries to investigate Trump’s alleged hoarding of classified documents at Mar-a-Lago, his home and private club. Trump is charged with illegally retaining national defense information after leaving the White House and obstructing efforts to retrieve the material.
Republican Rivals Clash Sharply in Combative Debate with No Trump
MSN – Josh Dawsey, Michael Scherer, and Marianne LeVine (Washington Post) | Published: 8/23/2023
Republican presidential contenders targeted each other as much as they did the absent front-runner, Donald Trump, in a combative first debate with a series of clashes reflecting the fierce competition to emerge as the main alternative to the former president. Trump’s decision to skip the event, a choice that highlighted his commanding polling lead, left him without a defense over two hours that marked the official start of the nomination battle. His biggest consolation came when all but one of the candidates onstage raised their hands to signal they would support Trump if he won the nomination and was convicted of a crime in a court of law.
State Lawmakers Move to Ban Chinese Land Ownership
MSN – Kimberly Kindy (Washington Post) | Published: 8/21/2023
In Washington, D.C., the White House and federal lawmakers are pursuing ways to constrain Chinese-owned businesses like TikTok amid a bipartisan push to limit China’s reach. Now state legislators have embraced a novel, locally focused tactic aimed at China’s domestic investments: restrictions on Chinese land ownership. Lawmakers in 33 states have introduced bills this year that would prohibit the Chinese government, some China-based businesses, and many Chinese citizens from buying agricultural land or property near military bases.
Super PACs Raise Millions as Concerns About Illegal Campaign Coordination Raise Questions
OpenSecrets – Maia Cook | Published: 8/18/2023
Super PACs, now a staple in modern presidential campaigns, are already gearing up to spend unlimited sums to support and oppose candidates for the 2024 election and many of those groups have a cozy relationship with the candidates they support. This might raise eyebrows to people that remember Citizens United, which stated any coordination between a campaign committee and an outside group backing their campaign – including PACs, corporations, nonprofits, and unions – is illegal.
As Ranked Choice Voting Gains Momentum, Parties in Power Push Back
Stateline – Matt Vasilogambros | Published: 8/21/2023
Over the past decade, ranked choice voting has become increasingly popular. From conservative Utah to liberal New York City, 13 million American voters in 51 jurisdictions now use the system, under which voters rank candidates based on preference, leading to an instant runoff in a crowded race. This year, Democrats and Republicans in power pushed back. Arguing that ranked choice voting is too complicated for voters to understand, Democrats in the District of Columbia and Republicans in states such as Idaho, Montana, and South Dakota took steps to prevent adoption of the voting system.
How Mark Meadows Pursued a High-Wire Legal Strategy in Trump Inquiries
Yahoo News – Jonathan Swan, Alan Feuer, Luke Broadwater, and Maggie Haberman (New York Times) | Published: 8/22/2023
After receiving a subpoena from a grand jury investigating former President Trump’s attempts to overturn the 2020 election, Mark Meadows started a delicate dance with federal prosecutors. He had no choice but to testify eventually. Yet Meadows –Trump’s final White House chief of staff – initially declined to answer certain questions, sticking to his former boss’s position they were shielded by executive privilege. But when prosecutors working for special counsel Jack Smith challenged Trump’s executive privilege claims before a judge, Meadows pivoted.
From the States and Municipalities
Alabama – House Committee to Consider Ethics Reform
Alabama Daily News – Mary Sell | Published: 8/20/2023
The Alabama House Ethics Committee will begin discussing possible changes to the state’s multiple ethics laws that apply to elected officials, government employees, and lobbyists. The committee will first review a 2019 report from the Code of Ethics Clarification and Reform Commission, a group created by the Legislature to propose changes to existing ethics laws.
California – California Boards Want to Keep Pandemic Rules for Public Meetings. Critics Call It Bad for Democracy
CalMatters – Sameea Kamal | Published: 8/23/2023
State boards are backing a bill to continue the exemptions from California’s open meetings law. An unusual coalition of good government, press, taxpayer, and industry groups is fighting back. Senate Bill 544 seeks to remove requirements to post all teleconference locations, post agendas at each location, and make those locations accessible to the public. The bill’s opponents – a rare coalition of good government, press, taxpayer. and industry groups – say Californians should be able to address their government officials in person.
California – Amid Outcry, L.A. City Council Defends Rejection of Ethics Nominee
MSN – Dakota Smith and David Zahniser (Los Angeles Times) | Published: 8/23/2023
When the city council voted down a proposed appointment to the city Ethics Commission, it all happened quickly and quietly. No one on the council offered a reason for the swift, and some say brutal, unanimous vote rejecting Jamie York. But after days of complaints from York’s allies and neighborhood council leaders, the explanations have come tumbling out.
California – Ex-Anaheim Mayor to Plead Guilty to Corruption Charges Tied to Angel Stadium Sale
MSN – Adam Elmahrek, Nathan Fenno, and Gabriel San Román (Los Angeles Times) | Published: 8/16/2023
Former Anaheim Mayor Harry Sidhu agreed to plead guilty to four criminal charges, capping a years-long investigation into alleged corruption that led to his resignation and scuttled the city’s $320 million sale of Angel Stadium. The charges against Sidhu include lying to FBI agents about not expecting to receive anything from the Angels when the transaction closed – secret recordings captured him saying he hoped to secure a $1-million campaign contribution – and destroying an email in which he provided confidential information about the city’s negotiations to a team consultant.
California – Ad Giant Plans to Use People’s Data to Knee-Cap Bill Regulating Data
MSN – Alfred Ng (Politico) | Published: 8/18/2023
One of the world’s largest advertising firms is crafting a campaign to thwart a California bill intended to enhance people’s control over the data that companies collect on them. Records show Interpublic Group emails reveal how an advertising company could use that same personal data and targeting capabilities to undermine a public policy proposal that threatens its bottom line.
California – SLO County Legislator Fined for Accepting Campaign Donation from a Lobbyist
Yahoo News – Stephanie Zappelli (San Louis Obispo Tribune) | Published: 8/19/2023
California Assemblyperson Dawn Addis was fined for accepting a campaign contribution from a lobbyist. When Addis ran for the Assembly in 2019, her campaign accepted a $250 donation from lobbyist Steve Black. The Political Reform Act bans lobbyists from donating to candidates running for office, and candidates from accepting such contributions. Both Addis and Black said they were unaware of the ban.
Colorado – 10th Circuit Reinstates Challenge to Colorado’s Regulations on Ballot Issue Advocacy Groups
Colorado Politics – Michael Karlik | Published: 8/23/2023
A trial judge threw out a lawsuit from the Colorado Union of Taxpayers over the state’s rules for advocating on ballot initiatives after finding the conservative advocacy group had not shown the government was likely to take enforcement action against it for failing to comply with the transparency regulations. But a three-judge panel of the U.S. Court of Appeals for the 10th Circuit ruled the group had a reasonable fear of drawing a complaint about its spending without registering, and, therefore, had the ability to sue over the campaign finance law.
District of Columbia – D.C. Attorney General Is Probing Leonard Leo’s Network
MSN – Heidi Przybyla (Politico) | Published: 8/22/2023
District of Columbia Attorney General Brian Schwalb is investigating judicial activist Leonard Leo and his network of nonprofit groups. The scope of the probe+ is unclear. But it comes after it was reported that one of Leo’s nonprofits paid his for-profit company tens of millions of dollars in the two years since he joined the company. A complaint was filed with the attorney general and the IRS requesting a probe into what services were provided and whether Leo was in violation of laws against using charities for personal enrichment.
Florida – DeSantis’ Disney Chief Glen Gilzean Resigns from Ethics Commission
MSN – Skyler Swisher (Orlando Sentinel) | Published: 8/22/2023
Glen Gilzean resigned as chairperson of the Florida Commission on Ethics so he can keep his $400,000-a-year job leading Gov. Ron DeSantis’s Disney World oversight district. In his resignation letter, Gilzean wrote he was unaware of a potential conflict-of-interest under state law until media reports flagged it.
Florida – ‘I Could Sell Golf’: How DeSantis and aides courted lobbyists for campaign cash
MSN – Isaac Arnsdorf and Josh Dawsey (Washington Post) | Published: 8/20/2023
Fundraisers for Florida Gov. Ron DeSantis hoped some lobbyists in the state would raise at least $1 million each for his PAC, the state, and the Republican Governors Association, according to a document from his primary fundraiser. The document suggested lobbyists be allowed to offer their clients perks, such as meals and rounds of golf with DeSantis. While it is common for politicians to seek donations from lobbyists, the efforts by DeSantis to effectively auction off his leisure time to those seeking to influence state policy created a special pathway of access for donors that is striking in the way it was documented in writing, ethics experts said.
Florida – Deal Reached in Florida Redistricting Lawsuit. Outcome Is a Gamble for DeSantis and Democrats
MSN – Mary Ellen Klas (Miami Herald) | Published: 8/15/2023
Gov. Ron DeSantis’s decision to dismantle a congressional district formerly held by a Black Democrat could be reversed according to a surprise agreement between lawyers for the state and civil rights groups challenging Florida’s map. Under the agreement the plaintiffs will drop their legal challenges to congressional districts in Central Florida and the Tampa Bay area, and focus arguments on the North Florida district they say violates state and federal voting rights protections for Black voters.
Florida – Suarez’s VIP Appearances at F1, World Cup Spark Complaint to State Ethics Commission
Yahoo News – Sarah Blaskey and Joey Flechas (Miami Herald) | Published: 8/22/2023
The Florida Commission on Ethics is reviewing a complaint over Miami Mayor Francis Suarez’s attendance at exclusive, high-priced sporting events since the start of 2022. The complaint asks ethics officials to investigate Suarez’s VIP access to various events, including the Miami Formula One race in May 2023, and whether somebody else paid. Suarez, who was invited along with his wife to this year’s race by a billionaire with business before the city, says he reimbursed the businessperson. He did not provide proof. If he did repay in full, the tickets would not be a gift and he would not have to disclose them.
Georgia – Judge Approves $200,000 Bond for Trump in Georgia Election Case
MSN – Holly Bailey (Washington Post) | Published: 8/21/2023
A judge approved a $200,000 bond for former President Trump, who is expected to surrender on charges he and 18 allies illegally conspired to overturn Trump’s 2020 election loss in Georgia. The consent bond order sets strict rules for Trump’s release. He is not allowed to communicate with witnesses or co-defendants about the case, except through his lawyers, and he is barred from intimidating witnesses or co-defendants.
Illinois – What Would It Take for Chicago’s City Council to Be More Independent?
WBEZ – Tessa Weinberg | Published: 8/16/2023
As the Chicago City Council enters its 100th year under its modern form, some aldermen, good government advocates, and political science experts say despite incremental progress, the council still has institutional inertia to overcome before it can operate independently from the historical grip the mayor’s office has held. Proposals include altering the council’s structure, more robustly staffing fiscal and legislative agencies, and a wholesale reset on Chicago’s municipal governance by codifying reforms in a city charter.
Kansas – Confidential Affidavits Detail Reasoning for Police Raid of Kansas Newspaper
MSN – Jonathan O’Connell and Jon Swaine (Washington Post) | Published: 4/19/2023
Newly unsealed court records provide insight into how law enforcement justified an unusual raid of the office of a Marion, Kansas, newspaper, a decision that has drawn widespread condemnation from news organizations and press freedom advocates. The Marion County Sheriff’s office said it was investigating “identity theft” and “unlawful acts concerning computers” when it searched the offices of the Marion County Record, the home of the paper’s publisher Eric Meyer, and the home of a local city council member – seizing computers, cell phones, and other materials, according to search warrant affidavits.
Kentucky – Ethics Trial for Metro Council Member Who Pushed $40 Million Grant for Future Employer Starts Monday
Louisville Public Media – Roberto Roldan | Published: 8/20/2023
Metro Councilperson Anthony Piagentini was an early supporter of a plan by the Louisville Healthcare CEO Council to train hundreds of entry-level workers and build an “innovation corridor” in the city. But when the $40 million project came up for a final vote in December, Piagentini abstained and removed himself as a co-sponsor without explanation. It was later found he took a job with the Healthcare CEO Council one day after the metro council approved funding. Piagentini faces an ethics board hearing in the case.
Maryland – Accepting Bribes Isn’t Permitted in Baltimore, Housing Commissioner Says
Baltimore Brew – Mark Reutter | Published: 8/23/2023
Baltimore Housing Commissioner Alice Kennedy issued an unusual memorandum recently. Titled “Attempted Bribes,” it informed her staff that “City of Baltimore employees are not permitted to accept bribes.” Kennedy listed the processing of permits, performing building inspections, issuing housing code violations, and acquiring and disposing of property as potential interactions where bribes could take place. Her memo came on the heels of an alert by Inspector General Isabel Mercedes Cumming, which found building inspectors were not sure what to do when they were offered cash or gift cards.
MSN – Lia Russell (Baltimore Sun) | Published: 8/16/2023
In the three years since its inception, Baltimore County Inspector General Kelly Madigan’s office has gone from three people toiling in a small windowless room to doubling its staff size and budget. That was the main message of its annual report, summarizing what Madigan’s office has accomplished during the previous fiscal year. The office is charged with rooting out fraud, misconduct, and waste within county government.
Michigan – Former Taylor Mayor Rick Sollars Enters Plea Agreement in Federal Corruption Case
WXYZ – Staff | Published: 8/22/2023
The former mayor of Taylor, Michigan, is facing years in prison after entering into a plea agreement in a federal corruption case. Sollars admitted to bribery concerning programs receiving federal funds by accepting things of value to influence and reward business transactions related to the city’s Right of Refusal program. The indictment said Sollars accepted over $30,000 in renovations to his home, more than $12,000 worth of household appliances and cabinets, cash, and other items to give a company city business.
Nebraska – Judge Rules Former Omaha City Councilman Vinny Palermo Will Stay in Jail Prior to Sentencing
Omaha World-Herald – Lauren Wagner and Molly Ashford | Published: 8/23/2023
A federal judge rejected a third attempt by former Omaha City Councilperson Vincent Palermo to be released from custody. Magistrate Judge Cheryl Zwart said there was no reason to allow Palermo to be released after he pleaded guilty to a federal charge recently. She also had concerns about Palermo obstructing justice if released. Palermo admitted to conspiring with his co-defendants to deprive the citizens of Omaha of honest representation by their city council member.
New Jersey – Feds Once Subpoenaed Records for 2 Murphy Advisers – Including One Now Running for N.J. Assembly
MSN – Matt Arco, Brent Johnson, and Susan Livio (NJ Advance Media) | Published: 8/21/2023
Two longtime advisers to New Jersey Gov. Phil Murphy, including one who is poised to run for the state Assembly in the fall, were once the subject of a federal subpoena seeking records related to them and their consulting and lobbying firms. In the subpoena, federal prosecutors requested the recipient to present emails and documents to or from Brendan Gill, his public affairs consulting firm, The BGill Group, and the lobbying firm he is affiliated with, Public Strategies Impact. The subpoena, issued in February 2020, also sought similar documents and emails to and from Adam Alonso, Murphy’s former deputy chief of staff.
New Jersey – Democrat Challenging Testa Is Ghosting the Campaign
Press of Atlantic City – Bill Barlow | Published: 8/23/2023
Charles Laspata filed petitions in the spring to challenge incumbent New Jersey Sen. Michael Testa, It does not appear that Laspata has done much about the campaign since then. Democratic leaders in Cape May and Cumberland counties say they have not heard from Laspata, and attempts to contact him through email, social media, and by phone have been unsuccessful. The website of the Election Law Enforcement Commission does not show any of Lasopata’s required campaign finance forms have been filed for the primary election.
New Mexico – Judge Tosses New Mexico’s Political Contribution Limits
Yahoo News – Colleen Heild (Albuquerque Journal) | Published: 8/17/2023
Some provisions of a New Mexico campaign finance law limiting the amount of money state political parties can give are unconstitutional, a federal judge ruled. The court enjoined the state from enforcing its $11,000 limit on contributions from state political parties to gubernatorial candidates or candidate committees; its $5,500 limit per election cycle for all other candidates; and the state’s $5,500 cap from state political parties to county parties. The judge upheld a $27,500 cutoff on donations from individuals and entities to state political parties.
North Carolina – N.C. Republican Bill Limits Mail Voting, Private Election Funding
MSN – Mariana Alfaro (Washington Post) | Published: 8/17/2023
Republicans in North Carolina passed election administration legislation that curtails absentee voting, empowers partisan poll watchers, and restricts private funding for elections. Voting rights advocates and Democrats have warned the measure, which passed both chambers in the Legislature along party lines, erodes access to the ballot in the battleground state. Gov. Roy Cooper is expected to veto the legislation, but Republicans can overturn his decision because they have veto-proof majorities in both legislative chambers.
Oklahoma – Oklahoma May Have to Go Back to Paper Filings for Campaign Finance Reports, Official Warns
Tulsa World – Barbara Hoberock | Published: 8/23/2023
With funding of critical concern, trouble appears to be on the horizon for Oklahoma’s electronic campaign filing system. In a letter to lawmakers and Gov. Kevin Stitt, outgoing state Ethics Commission Executive Director Ashley Kemp said the system needs an upgrade or replacement. She suggested that going back to paper filings would be an option.
MSN – Hillary Borrud (Portland Oregonian) | Published: 8/21/2023
A nonprofit led by Orego’s public employee unions filed two ballot measure proposals that contain an end-run strategy aimed at defeating a proposal that campaign finance reformers have been working to qualify for the ballot to cap contributions and shed light on “dark money.” The two measures that Our Oregon filed to get on the ballot in 2024 would similarly limit the size of donations, but they would allow unions, business associations, and other membership organizations to continue sending hundreds of thousands or even millions of dollars to candidates.
Pennsylvania – Newly Introduced Legislation Would Increase Campaign Finance Transparency in Pennsylvania
WTAJ – Rebecca Parsons | Published: 8/23/2023
A new bill in Pennsylvania aims to increase transparency in elections by requiring campaigns and campaign organizations to itemize reimbursements on campaign finance reports. “… Donors give to campaigns with the expectation that their funds are going to be used for legitimate campaign expenditures and they deserve to know specifically how that money is being spent …,” said Rep. Jamie Barton, the bill’s sponsor.
Rhode Island – What Is ‘Red-Boxing’ and Why Is it an Issue in R.I.’s Congressional Race?
MSN – Edward Fitzpatrick (Boston Globe) | Published: 8/23/2023
Rhode Island’s First Congressional District race has delved into matters of climate change, defense spending, and education, but a less familiar issue is emerging as the campaign enters its final two weeks: “red-boxing.” Lt .Gov. Sabina Matos, one of 12 Democrats in the race, has accused rival Aaron Regunberg of lying about publishing information on his campaign website that she claims was aimed at helping a super PAC boost his candidacy. Regunberg in turn has accused Matos and other candidates of posting information intended for super PACs backing their campaigns.
South Carolina – Former Richland Councilwoman Used Taxpayer Money for Groceries, Ethics Commission Says
Charleston Post and Courier – Skylar Laird | Published: 8/17/2023
Former Richland County Councilperson Gwen Kennedy used her county taxpayer money to buy groceries, as well as “double dip” on travel expenses, and buy gas multiple times on the same day, a South Carolina Ethics Commission attorney said. Kennedy also misused campaign funds while running for county council, failed to file a number of required disclosures, and violated several other state ethics laws, commission General Counsel Courtney Laster said.
South Dakota – Rapid City Senator Resigns After She Violated Constitution for Accepting COVID-19 Funds
MSN – Annie Todd (Sioux Falls Argus Leader) | Published: 8/17/2023
State Sen. Jessica Castleberry announced her resignation after an investigation found she violated the South Dakota State Constitution by accepting federal funds for her small business. Castleberry will be required to repay the state $499,129 with interest after she accepted COVID-19 stimulus funds for her daycare. Attorney General Marty Jackley said none of the money was spent inappropriately and went toward Department of Social Services-approved expenditures. He did not say why it took three years for someone to notice the expenditures.
Texas – New Paxton Impeachment Files Detail Interventions, Secret Trips, Donor’s ‘Shell’ Companies
MSN – Lauren McGaughy (Dallas Morning News) | Published: 8/18/2023
Thousands of pages of newly released documents purport to reveal the depth of the relationship between Ken Paxton and Nate Paul, the real estate developer at the center of the Texas attorney general’s impeachment case. The evidence goes to the heart of the impeachment allegations, that Paxton used his power to help Paul thwart a federal investigation into his business, which had been raided by the FBI in 2019, and Paul bribed Paxton by funding a home remodel and giving a job to a woman with whom Paxton allegedly had an affair.
Washington – AG Bob Ferguson Backs Down on Campaign ‘Surplus’ Money, Files Reports Disclosing Donors
Seatte Times – Bob Brunner | Published: 8/19/2023
After months of resistance, Washington Attorney General Bob Ferguson disclosed the donors behind more than $1.2 million in surplus campaign funds from past years he shifted to his 2024 gubernatorial bid. Ferguson pumped the cash into his campaign in April and May, getting ahead of a state Public Disclosure Commission vote that aimed to close the loophole allowing such anonymous transfers, which critics said violate the spirit of campaign finance laws.
Wisconsin – Republicans Ask Newly Elected Liberal Justice Janet Protasiewicz to Not Hear Redistricting Case
MSN – Scott Bauer (Milwaukee Journal Sentinel) | Published: 8/23/2023
Republicans who control the Wisconsin Legislature asked that the newest Democratic-backed justice on the state Supreme Court recuse herself from lawsuits seeking to overturn GOP-drawn electoral maps, arguing she has prejudged the cases. Republicans argue in motions filed with the Wisconsin Supreme Court that Justice Janet Protasiewicz cannot fairly hear the cases because during her campaign for the seat she called the Republican-drawn maps “unfair” and “rigged” and said there needs to be “a fresh look at the gerrymandering question.”
August 18, 2023 •
News You Can Use Digest – August 18, 2023
National/Federal ‘Biased.’ ‘Corrupt.’ ‘Deranged.’ Trump’s Taunts Test Limits of Release. Buffalo News – Maggie Haberman, Jonathan Swan, and Alan Feuer (New York Times) | Published: 8/16/2023 After eight years of pushing back at a number of institutions in the U.S., Donald Trump […]
National/Federal
‘Biased.’ ‘Corrupt.’ ‘Deranged.’ Trump’s Taunts Test Limits of Release.
Buffalo News – Maggie Haberman, Jonathan Swan, and Alan Feuer (New York Times) | Published: 8/16/2023
After eight years of pushing back at a number of institutions in the U.S., Donald Trump is now probing the limits of what the criminal justice system will tolerate and the lines that District Court Judge Tanya Chutkan sought to lay out about what he can say about the election interference case she is overseeing. He has waged a similarly defiant campaign against others involved in criminal cases against him. Some lawyers have said if Trump were an ordinary citizen issuing these attacks, he would be in jail by now. The question is whether Trump will face consequences for this kind of behavior ahead of a trial.
Sam Bankman-Fried Donated Millions to ‘Weed Out Anti-Crypto’ Politicians, New Evidence Says
Business Insider – Peter Syme | Published: 8/15/2023
New evidence that prosecutors want to use against Sam Bankman-Fried details how one high-ranking FTX executive knew his boss’s political donations were designed to gain favorable influence in Washington D.C. The FTX founder gave nearly $40 million to Democrats and PACs during last year’s midterm elections. Although prosecutors have put that number as high as $100 million because they say Bankman-Fried funneled millions of dollars more through FTX executives. Prosecutors say the donations were funded by money taken from FTX customers.
Appeals Court Weighs Order on Social Media Content Moderation
MSN – Ryan Tarinelli (Roll Call) | Published: 8/10/2023
An appellate court panel heard arguments about a lower court ruling that would restrict the Biden administration’s ability to interact with social media companies on content moderation. An injunction, which the U.S. Court of Appeals for the Fifth Circuit has paused for now, would block various federal government entities from contacting in any form social media companies to remove content with “protected free speech.” The panel, which reserved its most probing questions for the Justice Department, did not indicate when it might rule.
What Judicial Ethics Rules Say About Clarence Thomas’ Lifestyle Bankrolled by His Friends
MSN – Tierny Sneed (CNN) | Published: 8/13/2023
It is undeniable that Supreme Court Justice Clarence Thomas’s friendships with billionaires willing to foot his bill on their vacations together have given the conservative jurist a lifestyle most Americans could only dream of. But determining whether Thomas violated ethics rules and laws by failing to disclose that hospitality is tricky. The law in question is the Ethics in Government Act, and how it should be applied to the extravagant travel that Thomas and other justices have been treated to has been a subject of debate.
Santos Fundraiser Charged with Impersonating House Leadership Aide
The Hill – Zach Schonfeld and Mychael Schnell | Published: 8/16/2023
Samuel Miele, a fundraiser for U.S. Rep. George Santos, was indicted on allegations he had impersonated a top aide to a member of House leadership while soliciting donations for Santos’s campaign. Miele is charged with four counts of wire fraud and one count of aggravated identity theft. While court documents do not identify the impersonated aide’s name or the lawmaker they work for, a complaint filed with the FEC accused Miele of impersonating Dan Meyer, who previously served as chief of staff to Speaker Kevin McCarthy.
Special Counsel Obtained Trump’s Twitter Direct Messages
The Hill – Rebecca Beitsch | Published: 8/16/2023
Special counsel Jack Smith sought to review former President Trump’s direct messages, draft tweets, and location information as his office battled for information related to his account on X, formerly known as Twitter. Newly unsealed court records offer more detail about what prosecutors were looking for when they subpoenaed records related to the Twitter account in January, a request granted by the court.
With an Array of Tactics, Conservatives Seek to Oust Progressive Prosecutors
Yahoo News – J. David Goodman (New York Times) | Published: 8/12/2023
There is an expanding campaign by conservatives across the country to limit the power of Democratic prosecutors who have promised to reform the criminal justice system, or else to oust the prosecutors altogether. More than two dozen bills have been introduced in 16 states to limit prosecutors’ power, mostly in Republican-controlled states. Several of those bills have become law. Despite attacks on their policies and attempts to blame them for rising crime, progressive prosecutors have continued to win many elections.
FEC Moves Forward Potentially Regulating AI Deepfakes in Campaign Ads
Yahoo News – Ali Swenson (Associated Press) | Published: 8/10/2023
The FEC began a process to potentially regulate AI-generated deepfakes in political ads ahead of the 2024 election, a move advocates say would safeguard voters against a particularly insidious form of election disinformation. The FEC’s unanimous procedural vote advances a petition asking it to regulate ads that use artificial intelligence to misrepresent political opponents as saying or doing something they did not, a stark issue that is already being highlighted in the current Republican presidential primary.
Spiraling Legal Bills Threaten Trump with a Cash Crunch
Yahoo News – Shane Goldmacher and Maggie Haberman (New York Times) | Published: 8/11/2023
Donald Trump’s legal problems are not just piling up – his legal bills are, too. New financial reports show the former president’s various political committees and the super PAC backing him have used roughly 30 cents of every dollar spent so far this year on legal-related costs. The total amounts to more than $27 million in legal fees and other investigation-related bills in the first six months of 2023. The new disclosures revealed the remarkable degree to which Trump’s political and legal cash are intermingled, much like his own political and legal fate.
From the States and Municipalities
Canada – Federal Liberals Have Gone More Than Six Months Without Appointing Ethics Watchdog
MSN – Canadian Press | Published: 8/15/2023
The federal government has remained without a conflict-of-interest and ethics watchdog for more than six months, a vacancy that the most recent commissioner says is putting investigations on hold and could allow violations to go unnoticed. Mario Dion retired in February after serving as the last permanent commissioner. Martine Richard took on an interim role in April. But she resigned within weeks because of controversy over the fact she is the sister-in-law of Intergovernmental Affairs Minister Dominic LeBlanc.
Alabama – Alabama Republicans Defend Not Creating a Second Majority Black District in Court
Yahoo News – Zach Montellaro (Politico) | Published: 8/14/2023
Alabama Republicans were ordered by a federal court to redraw their congressional maps to ensure there were two majority-Black districts. They did not. Instead, they are going back to the same federal court after the Supreme Court weighed in, this time to argue their attempts at coming up with a new map are good enough. Plaintiffs argued the new districts plainly do not meet the court’s standards, and Republicans were engaging in political gamesmanship by ignoring the court and drawing lines that would still only present Black voters the opportunity to elect the candidate of their choosing in one district.
Arizona – Arizona Lawmakers Move to Block ‘Dark Money’ Law
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 8/7/2023
With efforts by one set of foes already rebuffed, Arizona’s top Republican lawmakers are making their own bid to quash a new state law designed to shine a light on “dark money.” In a new court filing, Senate President Warren Petersen and House Speaker Ben Toma contend Proposition 211 infringes on the constitutional right of the Legislature to make laws. They want Maricopa County Superior Court Judge Frank Moskowitz to override what voters approved just last year.
California – Former Planning Commissioner Agrees to $24K Ethics Fine
Mission Local – Joe Eskenazi | Published: 8/15/2023
Former San Francisco Planning Commission member Frank Fung admits he contracted with a city entity while serving as a city officer and faces a five-digit fine. Fung, a 20-year city appointee who served on the Planning Commission until June 2022, agreed to a settlement in which he will pay $24,200.
California – Report: Anaheim PACs, campaigns coordinated in 2018 mayor race, possibly violating law
MSN – Michael Slaten and Tony Saavedra (Orange County Register) | Published: 8/10/2023
Investigators in Anaheim found deep levels of coordination between PACs and former Mayor Harry Sidhu’s campaign in 2018, a possible violation of state election laws. Investigators from JL Group said former Core Strategic Group Chief Executive Officer Jeff Flint and former Anaheim Chamber of Commerce Chief Executive Officer Todd Ament ran many campaign meetings for Sidhu while also coordinating spending through independent expenditures.
California – Oakland Lobbyists Must Pay to Play, Officials Say
Oaklandside – Eli Wolfe | Published: 8/10/2023
Oakland requires lobbyists to register and disclose basic information about who is employing them, how much they are paid, and who in the city they contacted. The Public Ethics Commission agreed to send the city council several recommendations to change to the lobbying law. The commission wants to carve out some exceptions to lobbyist registration fees. They want to grant a fee waiver to 501(c)(3) nonprofit organizations with less than $750,000 in annual revenue, and a reduction for small businesses with less than $200,000 in annual revenue.
California – Big Business Is Using the Popular Vote to Bypass California Law
Politico – Jeremy White | Published: 8/14/2023
Industry groups and wealthy activists have figured out how to use California;s direct democracy system in ways that are changing how policy is made, prompting pushback from unions and others. Like never before, the business of lawmaking in Sacramento is intertwined with a ballot initiative industry that churns through hundreds of millions of dollars each cycle, and policy battles loop from the Legislature to the streets back to the Legislature again.
California – BART President Fined for Failing to Register as San Francisco Bike Lobbyist
San Francisco Standard – Eddie Sun | Published: 8/15/2023
Bay Area Rapid Transit Board President Janice Li agreed to a $5,275 fine for failing to register as a lobbyist for the San Francisco Bicycle Coalition. The coalition’s former executive director, Brian Wiedenmeier, was also named in the complaint. Li served as the nonprofit’s advocacy director from 2015 to 2022. The two qualified as “contact lobbyists” under local law because they reached out to city officials about coalition business at least five times a month.
California – Investigators Find Anaheim Failed to Oversee Free Tickets for Over a Decade
Voice of OC – Noah Biesiada | Published: 8/9/2023
Anaheim leaders give out hundreds of free tickets every year to events at Angel Stadium and the Honda Center, but a new investigation into alleged corruption found the city has failed to stop those tickets from going into the hands of special interests for years. While the city has a policy that requires city leaders to state a reason for giving out tickets, investigators from the JL Group noted there is no penalty for violating that policy, and it is easy to circumvent.
California – Proposed Anaheim Reforms Sputter as City Council Disputes Corruption Probe Findings
Voice of OC – Hosam Elattar | Published: 8/16/2023
Anaheim Mayor Ashleigh Aitken’s proposed reforms to safeguard against corruption fell apart as her city council colleagues criticized an independent investigation and significantly softened every one of the mayor’s reform recommendations. Independent investigators put together a scathing report that alleges “pay-to-play” conspiracies, misconduct, a misuse of federal COVID dollars, and outsized influence by Disneyland resort interests on City Hall.
Florida – State Appeals Lobbying Decision
Citrus County Chronicle – Jim Saunders (News Service of Florida) | Published: 8/14/2023
Florida Attorney General Ashley Moody appealed a federal judge’s ruling that blocked part of a state constitutional amendment imposing new lobbying restrictions. 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 restriction violated First Amendment rights. The state separately requested a stay that would lead to the injunction only applying to Miami-Dade County Commissioner Rene Garcia while the appeal moves forward.
Florida – Tallahassee’s Ethics Board Considers Tightening the Definition of a Lobbyist
WFSU – Margie Menzel | Published: 8/15/2023
The Tallahassee Independent Ethics Board agreed to continue discussions on why the number of lobbyists registered with the city has plummeted. Critics say there is a loophole to evade that registration, which would require reporting one’s clients and fees.
Florida – Florida Ethics Chairman Took a New Job That May Create a $400K Ethical Conflict
Yahoo News – Romy Ellenbogen (Miami Herald) | Published: 8/14/2023
The head of Florida’s ethics commission may have violated one of the commission’s own rules. Glen Gilzean, the chairperson of the Florida Commission on Ethics, was appointed in 2019 by Gov. Ron DeSantis. But Gilzean in May also took on another role, as the new administrator of the DeSantis-controlled Central Florida Tourism Oversight district, a special district formerly that governs Walt Disney World and two surrounding cities. State law says members appointed to the state ethics commission may not “hold any public employment.”
Georgia – With Racketeering Charges, Georgia Prosecutor Aims to ‘Tell the Whole Story’
Yahoo News – Richard Fausset and Danny Hakim (New York Times) | Published: 8/15/2023
Fulton County District Attorney Fani Willis is using the state’s version of the Racketeer Influenced and Corrupt Organizations Act (RICO) to go after former President Trump, who along with 18 of his allies was indicted on charges of participating in a wide-ranging conspiracy to overturn the results of the 2020 election in Georgia. One power of RICO is that it often allows a prosecutor to tell a sweeping story, not only laying out a set of criminal acts but identifying a group of people working toward a common goal, as part of an “enterprise,” to engage in patterns of illegal activities.
Idaho – ‘Conflict of Interest’: Idaho AG gave officials legal advice, then investigated them
Yahoo News – Ryan Suppe (Idaho Statesman) | Published: 8/11/2023
A judge ruled Idaho Attorney General Raúl Labrador had a “notable conflict of interest” when his office began investigating officials with the state Department of Health and Welfare over how it distributed federal child-care grants. The health officials were the attorney general’s clients, and a lawyer under Labrador had advised them the grants in question were legally distributed.
WTTW – Heather Cherone | Published: 8/15/2023
Former Ald. Howard Brookins will not have to pay a $5,000 fine for violating the city’s ethics law by defending clients in criminal cases involving the Chicago Police Department. Brookins sued the Board of Ethics after it unanimously levied the fine against him, saying it had no authority to stop him from serving as a criminal defense attorney in Chicago.
Kansas – Raid of Small Kansas Newspaper Raises Free Press Concerns
Seattle Times – Steven Lee Myers and Benjamin Mullins (New York Times) | Published: 8/13/2023
A small Kansas police department is facing criticism for raiding a local newspaper’s office and the home of its owner and publisher, seizing computers and cellphones, and, in the publisher’s view, stressing his 98-year-old mother enough to cause her death. The searches appeared to be linked to an investigation into how a document containing information about a local restaurateur found its way to the local newspaper — and whether the restaurant owner’s privacy was violated in the process. The editor of the newspaper said the raids may have had more to do with tensions between the paper and officials in the town of Marion over prior coverage.
Yahoo News – Brian Metzger (Business Insider) | Published: 8/10/2023
Tim Sheehy, who is rung for the U.S. Senate in Montana, plans to steer a portion of the revenue from his forthcoming memoir to an industry group that lobbies federal lawmakers, adding to existing conflict-of-interest questions surrounding the wealthy first-time candidate. Candidates for office occasionally release books to help burnish their image and tell their story, and sitting lawmakers sometimes draw hundreds of thousands of dollars in outside income from book deals. But Sheehy’s book release poses unique conflict-of-interest questions, given his apparent plans for the revenue.
MSN – Abby Turner and Andrew Kaczynski (CNN) | Published: 8/12/2023
Sam Brown, a candidate for the U.S. Senate in Nevada, created a PAC to “help elect Republicans” but most of its funds were spent paying down debt from his failed previous campaign. The group donated less than seven percent of its funds to the candidates it was set up to support, a move one campaign finance expert likened to using the PAC as a “slush fund.”
Nevada – Lobbyists May Soon Need to Register with County to Attend Commission Meetings
This Is Reno – Kristin Hackbarth | Published: 8/15/2023
The Washoe County Board of Commissioners heard the first reading of a new ordinance that would require compensated lobbyists to register with the county. The policy, which some said was overdue, was modeled after Reno’s lobbying policy and is similar to others in Clark County, Las Vegas, and Henderson. It would require anyone who receives anything of value to communicate with county commissioners on behalf of someone else on any issue to register with the county.
New Mexico – New Ethics Complaint Targets Sen. Daniel Ivey-Soto
Albuquerque Journal – Dan McKay | Published: 8/16/2023
A new ethics complaint accuses New Mexico Sen. Daniel Ivey-Soto of violating state law by leveraging his power as a legislator for financial gain and to seek sexual favors. Much of the complaint centers on Ivey-Soto’s employment by an organization that serves county clerks throughout New Mexico, an arrangement it says is a conflict-of-interest, given his dual role as a legislator who crafts election laws the clerks must carry out.
New Mexico – Ethics Commission Reverses Governor’s Decision to Redo Medicaid Contracts
Santa Fe New Mexican – Daniel Chacón | Published: 8/10/2023
In a defeat for New Mexico Gov. Michelle Lujan Grisham, who unilaterally stopped the Human Services Department from awarding Medicaid contracts worth billions of dollars to providers who had followed the state’s procurement process and scored the highest bids, the department will move forward with the winning bidders after all. The decision is part of a settlement agreement the state Ethics Commission reached with the governor and the department.
New York – Team Cuomo Notches Legal Win as Court Dismisses Defamation Claim
Albany Times Union – Brendan Lyons | Published: 8/14/2023
A New York appellate court dismissed a lawsuit filed last year by Gary Levine, a former commissioner for the state’s now-dismantled Joint Commission on Public Ethics, accusing Andrew Cuomo’s attorney, Rita Glavin, of defamation for suggesting he had leaked confidential information to the press about Cuomo’s dealings with the ethics panel. The appellate court found Glavin’s letter constituted a “statement of opinion” when she urged the inspector general’s office to launch an investigation of Lavine.
New York – Judge in Donald Trump’s Hush-Money Case Denies Bias Claim, Won’t Step Aside
MSN – Michael Sisak (Associated Press) | Published: 8/14/2023
The judge in Donald Trump’s Manhattan hush-money criminal case rejected the former president’s demand to step aside, denying defense claims that he is biased against Trump because he has given money to Democrats and his daughter is a party consultant. Judge Juan Manuel Merchan acknowledged he made several small donations to Democratic causes during the 2020 campaign, including $15 to Joe Biden, but said he is certain of his “ability to be fair and impartial.”
Oregon – Oregon Secretary of State: Senators who walked out can’t run next year
Oregon Public Broadcasting – Dirk VanderHart | Published: 8/8/2023
Ten Republican and Independent senators who participated in a six-week walkout during the 2023 legislation session spring will not be allowed to run for reelection, Secretary of State LaVonne Griffin-Valade announced. Oregonians overwhelmingly voted last year to create consequences for legislative walkouts via Measure 113. But the decision drew a promise of a court challenge from GOP lawmakers, who have said the measure was so sloppily worded they are technically allowed to serve another term before consequences for a walkout begin.
Oregon – With New Secretary of State, Oregonians Will Get Greater Transparency on Campaign Finance Violations
Willamette Weekly – Nigel Jaquiss | Published: 8/14/2023
Oregon Secretary of State LaVonne Griffin-Valade announced that her office will now publish a searchable list of campaign finance violations monthly. Other states have long made such data public, informing voters which candidates posted contributions and expenditures late or incorrectly. The former elections director, Deborah Scroggin, pushed for Oregon to publish such violations throughout 2022, but then-Secretary of State Shemia Fagan and her top managers delayed the launch.
South Dakota – Gov. Noem Orders State Contracts to Include New ‘Conflict of Interest’ Clause
Yahoo News – Annie Todd (Sioux Falls Argus Leader) | Published: 8/15/2023
Gov. Kristi Noem issued an executive order that contracts issued by the state include a clause to guard against conflict-of-interest if a state lawmaker is about to enter into a contract that could violate the South Dakota Constitution. According to the state constitution, lawmakers are prohibited from being either directly or indirectly interested in any contract with the state or county during their term in office and one year after.
Tennessee – Former Sen. Kelsey Nets 21-Month Prison Sentence for Campaign Finance Conviction
Tennessee Lookout – Sam Stockard | Published: 8/11/2023
Former Tennessee Sen. Brian Kelsey was sentenced to 21 months in prison for directing a scheme to funnel state campaign funds to his failed 2016 congressional race. His co-defendant in the scheme, Josh Smith, owner of The Standard Club, a Nashville restaurant frequented by Republican lawmakers, netted five years of probation, a $250,000 fine, and 720 hours of public service. Smith reached a plea agreement with federal prosecutors last November and was prepared to testify against Kelsey.
Texas – Judge Calls New Texas Election Law Unconstitutional but State Says It Will Appeal Ruling
MSN – Juan Lozano (Associated Press) | Published: 8/15/2023
A judge called a new law unconstitutional that passed in the Republican-led Texas Legislature and will dictate how elections are run in the state’s most populous county, which is a Democratic stronghold and home to Houston. The law, which would abolish a position that oversees elections in Harris County, was temporarily blocked by state District Court Judge Karin Crump after county officials filed a lawsuit. But the judge’s order was put on hold after the state attorney general’s office filed a notice it will appeal to the Texas Supreme Court.
Virginia – State Senator Seeks to Lease Land to Dominion for Wind Turbine Project; Ethics Council OKs Move
MSN – Stacy Parker (Virginian-Pilot) | Published: 8/15/2023
A vacant lot near Naval Air Station Oceana that is owned by a state senator could soon become a temporary laydown area for Dominion Energy’s $10 billion wind farm project. The Virginia Beach Planning Commission unanimously recommended approval. Sen. Bill DeSteph owns more than $250,000 of stock in Dominion Energy and has voted on legislation that affects electric and other utilities.
Wisconsin – Report on Anti-Gay Slur Could Put Local News Site Out of Business
Yahoo News – Jeremy Peters (New York Times) | Published: 8/15/2023
The county board meeting in Wausau, Wisconsin, on August 12, 2021, got contentious fast. What happened about 12 minutes in, as members of the community squabbled over a resolution intended to promote diversity and inclusion, has become the subject of a bitter legal fight that threatens to bankrupt one of the few remaining sources of local news in the area. First Amendment experts say the case highlights a troubling trend of wealthy and powerful people using defamation law as retribution.
August 11, 2023 •
News You Can Use Digest – August 11, 2023
National/Federal FTX Founder Sam Bankman-Fried Still Slapped with Campaign Finance Charge, Prosecutors Say ABC News – Aaron Katersky and Max Zahn | Published: 8/8/2023 Federal prosecutors signaled their intention to hold cryptocurrency executive Sam Bankman-Fried accountable for alleged campaign finance violations despite […]
National/Federal
FTX Founder Sam Bankman-Fried Still Slapped with Campaign Finance Charge, Prosecutors Say
ABC News – Aaron Katersky and Max Zahn | Published: 8/8/2023
Federal prosecutors signaled their intention to hold cryptocurrency executive Sam Bankman-Fried accountable for alleged campaign finance violations despite dropping the charge on a technicality. Prosecutors accused Bankman-Fried of seeking influence in Washington and in state capitals by improperly using customer and investor money to make political donations.
Special Counsel Got a Search Warrant for Twitter to Turn Over Info on Trump’s Account, Documents Say
Associated Press News – Alanna Durkin Richer | Published: 8/9/2023
Special counsel Jack Smith’s team obtained a search warrant in January for records related to Donald Trump’s Twitter account, and a judge levied a $350,000 fine on the company for missing the deadline to comply. Smith’s team repeatedly mentioned Trump’s tweets in an indictment that charges the former president with conspiring to subvert the will of voters and cling to power after he lost the 2020 election to Joe Biden.
From Right-Hand Man to Critical Witness: Pence at heart of Trump prosecution
DNyuz – Shane Goldmacher, Maggie Astor, and Luke Broadwater (New York Times) | Published: 8/7/2023
Former Vice President Mike Pence’s transformation from Donald Trump’s most loyal lieutenant to an indispensable, if reluctant, witness for his prosecution became clear when he emerged as perhaps the central character in an indictment accusing the former president of a criminal conspiracy to overturn the 2020 election. The indictment revealed Pence kept contemporaneous notes on the tumultuous period leading up to January 6, 2021. “You’re too honest,” Trump berated Pence as he refused to go along with the election plot, according to the indictment.
Judge Asks Prosecutors to Justify Use of 2 Grand Juries in Trump Documents Case
MSN – Perry Stein (Washington Post) | Published: 8/7/2023
U.S. District Court Judge Aileen Cannon asked prosecutors to explain the use of grand juries in Florida and Washington in the classified documents case against Donald Trump even though charges were filed in South Florida. For many months, prosecutors questioned witnesses in the Florida case before a federal grand jury in Washington. The proceedings yielded much of the evidence at the crux of the case. But in May, the grand jury activity appeared to continue in Miami. Ultimately, prosecutors filed charges in a West Palm Beach courthouse in the same district as Miami and the area where Trump’s home is located.
New PAC Aims to Elect Young Progressives Running for State Offices, Congress
MSN – Sabrina Rodriguez (Washington Post) | Published: 8/9/2023
A co-founder of March for Our Lives and the campaign manager who helped elect the first Gen Z member of Congress are teaming up to launch a new organization focused on getting more young progressives elected to office, primarily focusing on state lawmakers. Leaders We Deserve aims to help young people running for state Legislatures and Congress by providing candidates they endorse with the campaign knowledge – from fundraising to networking – and money to win.
DeSantis Replaces 2024 Campaign Manager in Continued Shakeup
MSN – Steve Contorno and Kit Maher (CNN) | Published: 8/8/2023
Gov. Ron DeSantis replaced campaign manager Generra Peck, ending speculation about her future leading his struggling White House bid and continuing a shakeup of his presidential campaign. In her place, DeSantis chose James Uthmeier, the chief of staff for his gubernatorial office, a trusted adviser known in Florida as an enforcer of DeSantis’s agenda. The latest move reflects a campaign still grasping for solutions to build support and recapture momentum of when DeSantis was surging after a dominant performance in his gubernatorial reelection.
MSN – Madison Hall (Business Insider) | Published: 8/8/2023
The FEC’s inspector general found Commissioner Trey Trainor did not commit any ethics violations after he participated in an “election integrity” event where he was labeled as a member of the “Trump Elections Team.” The inspector general said while it may appear he acted improperly, his billing was written without his knowledge, undermining “any appearance of impropriety.” The report notes Trainor and his counsel refused to cooperate with the government’s investigation.
DeSantis Super PAC Shares Cost for Private Air Travel in Unusual Deal
MSN – Michael Scherer and Isaac Arnsdorf (Washington Post) | Published: 8/5/2023
A super PAC funding much of Ron DeSantis’s presidential effort has become a joint investor with his campaign in a private transportation management company that provides lower-cost airplane leases for the Florida governor. The unusual agreement, which allows both the DeSantis campaign and the Never Back Down to lease planes in a larger volume at lower market rates, is another way DeSantis and his allies have found to use unlimited donations to help cover the cost of activities historically borne directly by official campaigns.
‘Fake’ Elector Plot Raised Concerns Over Legal Peril, Indictment Shows
MSN – Amy Gardner, Patrick Marley, Yvonne Wingett Sanchez, and Josh Dawsey (Washington Post) | Published: 8/7/2023
Donald Trump’s defenders have long insisted his false elector scheme was legal because the slates met as mere placeholders, to be activated only if the campaign won in court. Prosecutors now charge that Trump, Rudy Giuliani, and others intended all along to use the electors to falsely claim the outcome of the election was in doubt, facilitating an effort to obstruct the certification of Joe Biden’s victory in Congress on January 6, 2021. Especially important may be the experience in Pennsylvania, where new interviews reveal the extent of discomfort with the plan by Trump electors.
Fight Over Trump Jan. 6 Secrecy Order Marks Start of Race to Trial
MSN – Spencer Hsu (Washington Post) | Published: 8/7/2023
A federal judge ordered a hearing over prosecutors’ demand that former President Trump keep government evidence turned over in his criminal election interference case secret until trial, as the two sides clashed anew over whether permitting Trump to discuss the case would taint potential jurors or intimidate witnesses. Prosecutors said they wanted to turn over evidence to speed the defense’s trial preparations but were concerned about Trump’s history of posting on social media about “witnesses, judges, attorneys and others” associated with cases against him.
Supreme Court Struggling to Agree on Ethics Policy, Justice Kagan Says
MSN – Ann Marimow (Washington Post) | Published: 8/3/2023
Justice Elena Kagan said the Supreme Court, which has faced criticism over lavish, undisclosed free travel by some of her colleagues, is struggling to devise an ethics policy despite continued discussion. The criticism stems from expensive trips taken years ago by Justices Clarence Thomas and Samuel Alito Jr. underwritten by wealthy business executives and not disclosed in required annual financial reports. Kagan provided fresh insight into the struggle to craft a policy distinct from the ethics code that applies to other federal judges.
ProPublica – Brett Murphy and Alex Mierjeski | Published: 8/10/2023
During Clarence Thomas’s three decades on the Supreme Court, a cadre of industry titans and ultrawealthy executives have treated him to vacations aboard their yachts, ushered him into the premium suites at sporting events, and sent their private jets to fetch him – including, on more than one occasion, an entire 737. It is a stream of luxury that is both more extensive and from a wider circle than has been previously understood.
Once Rare, Impeachments and Censures Have Become the Norm in Congress
Seattle Times – Carl Hulse (New York Times) | Published: 8/8/2023
Proposals to censure lawmakers and impeach members of the Biden administration are piling up quickly in the U.S. House in an illustration of how once-solemn acts are becoming almost routine as the two parties seize on these procedures as part of their political combat. The proliferation of censures and cries for impeachment is troubling to some who see it as a threat to the standing of the institution as well as diminishing the weight such punishments are supposed to carry. Censure is the congressional penalty just below expulsion.
Trading Places: More lawmakers are swapping political parties
Yahoo News – Liz Champion (Politico) | Published: 8/9/2023
Ten state lawmakers nationwide switched parties in 2023. That includes six who jumped from one of the major parties to the other. In 2022, by contrast, just two state lawmakers changed affiliation between the Democrats and Republicans. The uptick in party transitions this year speaks to the growing polarization and party feuding inside state Capitols. In some states that saw allegiance flips, it had huge bearing on what legislation passed.
DeSantis, with a Subtle Maneuver, Hides His Small-Dollar Donations
Yahoo News – Rebecca Davis O’Brien and Shane Goldmacher (New York Times) | Published: 8/9/2023
When WinRed, the company that processes nearly all online Republican campaign contributions, recently released its trove of donor data for the first half of the year, contributions were conspicuously absent for one presidential candidate: Florida Gov. Ron DeSantis. It was no technical glitch. The DeSantis campaign worked with WinRed in a way that prevented the disclosure of donor information, ensuring the campaign’s small donors would remain anonymous.
Clarence Thomas’ $267,230 RV and the Friend Who Financed It
Yahoo News – Jo Becker and Julie Tate (New York Times) | Published: 8/5/2023
Supreme Court Justice Clarence Thomas’s Prevost Marathon cost $267,230, according to title history records. Thomas, who has told friends how he scrimped and saved to afford the motor coach, did not buy it on his own. In fact, the purchase was underwritten, at least in part, by Anthony Welters, a close friend who made his fortune in the health care industry. He provided Thomas with financing that experts said a bank would have been unlikely to extend, not only because Thomas was already carrying a lot of debt, but because the Marathon brand’s high level of customization makes its used motor coaches difficult to value.
From the States and Municipalities
Alaska – Top Alaska Officials Facing Ethics Complaints Could Get State Representation Under Proposed Rules
Anchorage Daily News – Becky Bohrer (Associated Press) | Published: 8/3/2023
The Alaska Department of Law is proposing rules that would allow the state to represent a governor, lieutenant governor, or attorney general in complaints against them alleging ethics violations. Currently, they must hire outside attorneys to represent them in such matters. Under the proposed rules, those officeholders could decline representation by the department and hire their own attorneys if they wished.
Arizona – ‘It’s Underway’: Probe begins into $24K mailer deal at Maricopa County Democratic Party
MSN – Mary Jo Pitzl (Arizona Republic) | Published: 8/7/2023
The interim director of the Maricopa County Democratic Party said he launched an investigation into the party’s handling of a $24,000 business deal that has led to accusations of cronyism, altered postal records, and cover-ups. The deal appeared to be intended to benefit the former executive director’s fiancé. The party spent $24,480 for a mass mailing before the November 2022 election. But the mailer never reached the mailboxes of the 118,000 Democrats for whom it was intended, and the money was only refunded months later, after the party’s attorneys demanded repayment.
California – Mayor Aitken Announces Reforms Anaheim City Council Will Start Considering
MSN – Michael Slaton (Orange County Register) | Published: 8/8/2023
Anaheim Mayor Ashleigh Aitken announced her plans for the city council to start discussing several new reforms in the wake of the release of an independent investigation into corruption at City Hall, including several changes focused on transparency. “The release of last week’s independent report confirmed the wrongdoing that many suspected was going on for years,” Aitken said in a news release. “… Restoring transparency and public confidence will take time, and reforms will likely come in stages.”
California – Investigators Allege Pattern of Lobbyists Potentially Violating Anaheim Disclosure Rules
MSN – Michael Slaton and Tony Saavedra (Orange County Register) | Published: 8/2/2023
Independent investigators hired by Anaheim said they found numerous potential violations of the city’s lobbying laws in the last decade, in what they described as a “pattern of behavior” by lobbyists. A report on corruption highlighted former Mayor Curt Pringle and Jeff Flint, the former chief executive of Core Strategic Group, saying they failed to report their lobbying activity to the city clerk, which investigators said was potentially a crime of perjury. To combat the issues described in their report, investigators recommended Anaheim create a city ombudsman/ethics officer, whose duties would include monitoring the lobbying reports submitted.
California – San Jose Grants Few Former Employees Lobbying Exemptions
San Jose Spotlight – Jana Kadah | Published: 8/4/2023
In San Jose, when you leave a job working for the city you are barred from lobbying anyone at City Hall for at least two years. But a handful of ex-employees are exceptions to the rule. The latest example is Allie Hughes, a former staffer for San Jose Councilperson David Cohen. She recently left the city to work as a lobbyist for Canyon Snow Consulting. City Attorney Nora Frimann recommended the exemption, citing Hughes’ limited time with the city.
Florida – Florida Says AP Psychology Doesn’t Violate the Law, After All
MSN – Laura Meckler (Washington Post) | Published: 8/9/2023
After days of confusion, the Florida education commissioner said high schools may teach Advanced Placement Psychology without running afoul of Florida law, including material on sexual orientation and gender identity. Commissioner Manny Díaz Jr. had told districts previously that the class could be offered, but only if material on those topics was excluded. Large school districts across Florida responded by dropping the course and began a stressful process of quickly preparing instructors to teach new curriculum.
Florida – Former Kissimmee Commissioner, County Commission Candidate Sentenced for Campaign Finance Violations
Yahoo News – Charles Frazier (WFTV) | Published: 8/9/2023
A former Kissimmee city commissioner who was accused of entering a 2022 race for the Osceola County Commission as a “ghost candidate” was sentenced to jail for campaign finance violations. According to the Florida Department of Law Enforcement, their investigation into Carlos Irizarry’s campaign began when they were notified of allegations that he was offered money to enter the race only to affect the outcome by taking votes from opposing candidate Jackie Espinosa.
Florida – Federal Judge Rules That Ban on Lobbying by Elected Officials Violates Free Speech
Yahoo News – Mary Ellen Klas (Miami Herald) | Published: 8/9/2023
A federal judge struck down a Florida law that restricted state and local officials lobbying other government bodies while in office. U.S. District Court Judge Beth Bloom sided with officials who argued the language in a 2018 ballot measure was too broad and poorly defined to comply with First Amendment protections on free speech. Bloom left intact another portion of the law that bans elected and appointed government officials from lobbying the agencies they represented for six years after leaving them.
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 8/6/2023
As the federal investigation into then-House Speaker Michael Madigan was heating up two years ago, prosecutors assured Tim Mapes, Madigan’s onetime chief of staff, would not be charged as long as he told the truth to a grand jury. But prosecutors allege Mapes lied repeatedly in his testimony in an ill-fated attempt to protect his longtime boss. Now, Mapes, a key member of Madigan’s inner circle, is on trial on perjury charges. His indictment marked an intriguing power play by the U.S. attorney’s office in what has become one of the biggest political corruption scandals in state history.
Kansas – Kansas Commerce Deputy’s Lucrative Contract May Trigger Stronger Conflict of Interest Laws
Yahoo News – Jason Alatidd (Topeka Capital-Journal) | Published: 8/3/2023
A Kansas lawmaker wants to rewrite conflict-of-interest laws in response to a state employee bidding on and winning a consulting contract. Paul Hughes, the former Commerce Department deputy secretary, formed Catapult Kansas while still employed by the state. He then bid on a consulting contract – he was the only bidder – and was awarded the contract for $180,000 a year.
Maine – Ballot Question Seeks to Ban Foreign Spending
The Center Square – Christian Wade | Published: 8/3/2023
Maine voters will have a say in whether foreign corporations should be allowed to spend money to sway the outcome. Supporters say the ballot question is aimed at eliminating a loophole in state law that allows foreign governments to spend money on referendum campaigns. Foreign entities cannot contribute to political candidates under both federal and state election laws.
Michigan – Pro-Trump Attorney Is Third Indicted in Michigan Vote Machine Probe
Bridge Michigan – Jonathan Oosting | Published: 8/3/2023
Stefanie Lambert Junttila, a pro-Trump attorney who challenged 2020 election results across the country, was charged with four felonies stemming from an alleged plot to illegally access Michigan voting machines. Lambert Junttila is the third suspect indicted by a grand jury in special prosecutor D.J. Hilson’s probe of the alleged tampering scheme. Matthew DePerno, the 2020 Republican nominee for state attorney general, was charged along with former state Rep. Daire Rendon.
Mississippi – Treasurer for Chris McDaniel Lt. Gov. Campaign Under Investigation by MS Attorney General
Yahoo News – Wicker Perlis (Jackson Clarion-Ledger) | Published: 8/4/2023
The treasurer for the lieutenant governor campaign of state Sen. Chris McDaniel is under investigation by the office of Mississippi Attorney General Lynn Fitch. A press release did not mention the McDaniel campaign directly, naming Thomas Datwyler, a Wisconsin-based political consultant who serves as the campaign treasurer, and Invest in Mississippi, a PAC Datwyler created in July. It is against the law for campaigns and PACs to coordinate or communicate with each other.
Nevada – Lombardo to Appeal Ethics Board Decision
MSN – Taylor Avery (Las Vegas Review-Journal) | Published: 8/9/2023
Nevada Gov. Joe Lombardo plans to appeal a recent state ethics board decision that found he violated the law by using his sheriff’s badge and uniform during his campaign for governor. Ethics Commission members voted to fine Lombardo $20,000 and censure him for four violations of state law barring the use of government time, property, or equipment for personal use.
New Jersey – It Was $10K in a Paper Bag. But Was It a Bribe Under the Law? It Sure Was, Says N.J.’s Top Court.
MSN – Ted Sherman (NJ Advance Media) | Published: 8/7/2023
The New Jersey Supreme Court said candidates who do not hold elected office can be charged under the state’s public official bribery laws. The court sided with state officials by ruling candidates do not need to win elections to be subject to the “plain words” of the bribery statute. The law was challenged by Jason O’Donnell, a former state lawmaker and candidate for mayor of Bayonne, who allegedly accepted $10,000 in cash from an individual in exchange for the promise to appoint them as tax counsel for the city.
New York – Hochul’s Husband Is Leaving Delaware North
Albany Times Union – Joshua Solomon | Published: 8/4/2023
William Hochul Jr., New York’s first gentleman, is departing his position as senior vice president and general counsel at Delaware North, a job that had led to a number of thorny issues for the governor. Hiswork at the high-powered gaming company has led to Gov. Kathy Hochul to recuse herself from matters that veer too close to that sector, including recent negotiations with the Seneca Nation over a contentious gaming compact.
New York – The Secret Hand Behind the Women Who Stood by Cuomo? His Sister.
MSN – Nicholas Fandos (New York Times) | Published: 8/7/2023
We Decide New York, a small but devoted group of mostly older women, banded together online to defend then-Gov Andrew Cuomo from a cascade of sexual misconduct claims that led to his resignation in August 2021. But it turns out the group’s online activity had secretly been ordered by someone even closer to the former governor’s cause: Madeline Cuomo, his sister. Documents give unusual insight into how far members of one of America’s most storied political families were willing to go to rehabilitate a fallen scion and humiliate those they believed had wronged him.
New York – Former De Blasio NYPD Security Chief Howard Redmond Pleads Guilty of Obstructing DOI Probe
MSN – Molly Crane-Newman, Graham Rayman, and Chris Sommerfeldt (New York Daily News) | Published: 8/9/2023
Howard Redmond, who as an New York City Police Department inspector who oversaw for Mayor Bill de Blasio and his family’s around-the-clock security, pleaded guilty to felony charges stemming from his work for City Hall. Assistant District Attorney Samantha Dworken said Redmond admitted to ignoring investigators and then hiding and deleting evidence. The two-year probe found de Blasio’s bodyguards operated like glorified chauffeurs, flying in the face of city ethics laws barring public servants from using city resources for personal benefit.
Ohio – Democrats May Embrace Abortion Rights Even More Tightly After Ohio Win
MSN – Toluse Olorunnipa, Rachel Roubein, and Patrick Marley (Washington Post) | Published: 8/9/2023
Ohio voters rejected a ballot measure that would have made it more difficult to amend the state constitution ahead of a November vote to ensure access to abortion. The issue of abortion has become a rare consistent source of electoral victories for Democrats over the past year. The result in Ohio, coming after voters in other Republican-leaning states like Kentucky and Kansas also rejected GOP efforts to restrict abortion, underscores how the issue has already reshaped the political landscape for 2024, Democratic pollster Celinda Lake said.
Ohio – Money Paid, Favors Done. Messages Detail Relationship Between Ohio Regulator and Energy Executives
Ohio Capital Journal – Marty Schladen | Published: 8/8/2023
In early 2019, news of financial ties between FirstEnergy and the man incoming-Gov. Mike DeWine named to lead the Public Utilities Commission of Ohio began to spread. As it did, FirstEnergy’s top executives feared they would not have a regulator they could control, according to court documents. As it happened, the nominee, Sam Randazzo, ended up being appointed to the commission after being paid $4.3 million by FirstEnergy. He proceeded to help draft a law providing the utility with a $1.3 billion bailout.
Oregon – Impeachment, Elected Official Pay, Ranked-Choice Voting: Lawmakers left big questions to voters
Oregon Capital Chronicle – Julia Shumway | Published: 8/7/2023
Oregon lawmakers will ask voters to weigh in on big questions in 2024, including how voting will work, whether lawmakers should be able to impeach top officials, and whether elected officials should receive raises. Before the legislative session ended in June, lawmakers voted to send three proposed laws to voters on their November 2024 ballots. More referrals could be coming. A majority of Democratic legislators support an effort to change quorum requirements for the House and Senate to prevent future walkouts like the one that just stalled the Legislature for six weeks.
Tennessee – Tennessee Lawmakers Expelled by GOP Win Back State House Seats
MSN – Andrew Jeong (Washington Post) | Published: 8/3/2023
Two Tennessee Democrats who were expelled from the state Legislature in April over their participation in a gun-control protest won back their seats. Reps. Justin Pearson and Justin Jones easily defeated their Republican opponents in districts that lean Democratic. Pearson won more than 90 percent of the votes. Jones received more than 75 percent.
Tennessee – Lawsuit Accuses Tennessee of ‘Racially Discriminatory’ Redistricting
MSN – Meagan Vazquez (Washington Post) | Published: 8/10/2023
A coalition of civil rights organizations and Tennessee residents filed a lawsuit challenging the state’s recently enacted congressional and state Senate redistricting plans, asserting the state violated the U.S. Constitution by diluting the voting power of African Americans and other voters of color in the state. The plaintiffs argue the plan unfairly fractured the power of Black voters and other minority voters in the Nashville and Memphis areas.
Texas – Austin City Council Member’s Husband Named to Ethics Commission That Oversees the Council
MSN – Ella McCarthy (Austin American-Statesman) | Published: 8/5/2023
A recent appointee to the Austin Ethics Review Commission is married to a current city council member. The commission conducts hearings and makes rulings on complaints alleging violations of the provisions within the commission’s jurisdiction, including complaint against city council members. Mayor Kirk Watson does not believe there are any legal or ethical concerns with the appointment, and Councilperson Paige Ellis and Espinoza feel their marriage will not affect Espinoza’s actions on the commission.
August 4, 2023 •
News You Can Use Digest – August 4, 2023
National/Federal Trump Aide Carlos De Oliveira’s Journey from Failed Witness to Defendant MSN – Devlin Barrett, Spencer Hsu, and Josh Dawsey (Washington Post) | Published: 7/28/2023 Carlos De Oliveira was indicted along with Donald Trump and Walt Nauta, all three accused of […]
National/Federal
Trump Aide Carlos De Oliveira’s Journey from Failed Witness to Defendant
MSN – Devlin Barrett, Spencer Hsu, and Josh Dawsey (Washington Post) | Published: 7/28/2023
Carlos De Oliveira was indicted along with Donald Trump and Walt Nauta, all three accused of seeking to delete security footage at Mar-a-Lago that the Justice Department was requesting as part of its classified documents investigation. De Oliveira’s actions at Mar-a-Lago, and later statements to federal investigators, shows how the longtime Trump employee has become a key figure in the investigation, one whose alleged actions could bolster the obstruction case against the former president.
Trump PAC Has Spent More Than $40 Million on Legal Costs This Year for Himself, Others
MSN – Josh Dawsey, Devlin Barrett, and Spencer Hsu (Washington Post) | Published: 7/29/2023
Former President Trump’s political group spent more than $40 million on legal costs in the first half of 2023 to defend Trump, his advisers, and others, financing legal work that has drawn scrutiny from prosecutors about potential conflicts-of-interest between Trump and witnesses. While interviewing potential witnesses associated with Trump, prosecutors have raised pointed questions about who is paying for their lawyers and why.
Do You Avoid the News? You’re in Growing Company.
MSN – Paul Farhi (Washington Post) | Published: 8/1/2023
Haunted by a sense that the news is relentlessly toxic, once-loyal readers and viewers have been gradually ebbing away, posing a persistent threat to the news business. Researchers say “news avoidance” could be a response to an age of hyper-information. Digital media has made news ubiquitous and instantly available from thousands of sources representing every ideology, geography, and language. Much of it, people say, drives feelings of depression, anger, anxiety, or helplessness.
Judge Throws Out Trump’s ‘Big Lie’ Defamation Lawsuit Against CNN
MSN – Caroline Anders (Washington Post) | Published: 7/29/2023
A federal judge dismissed Donald Trump’s lawsuit against CNN, in which the former president said the network defamed him by associating him with Adolf Hitler. Trump argued by using the phrase the “big lie” in reference to his unfounded claim that the 2020 presidential election was stolen, the network created an unfair association between him and the Nazi regime. Hitler and Nazi minister of propaganda Joseph Goebbels used the term as a propaganda tool that involved repeating a falsehood until the public started to believe it.
Trump Charged in Probe of Jan. 6, Efforts to Overturn 2020 Election
MSN – Devlin Barrett, Spencer Hsu, Perry Stein, and Josh Dawsey (Washington Post) | Published: 8/1/2023
A grand jury indicted former President Trump for a raft of alleged crimes in his brazen efforts to overturn Joe Biden’s election victory, the latest legal and political aftershock stemming from the riot at the U.S. Capitol. The charges represent the third indictment of the former president filed since March, setting the stage for one of the stranger presidential contests in history, in which a major-party front-runner may have to alternate between campaign stops and courtroom hearings over the next year.
Trump Is Charged Under Civil Rights Law Used to Prosecute KKK Violence
MSN – Isaac Stanley-Becker and Spencer Hsu (Washington Post) | Published: 8/1/2023
When Donald Trump was indicted and accused of trying to subvert the results of the 2020 presidential election, he found himself in the unenviable company of defendants charged under a criminal statute dating to the Reconstruction era. The statute, Section 241 of Title 18 of the U.S. Code, was originally adopted as part of the Enforcement Act of 1870. It was the first in a series of measures known as the Ku Klux Klan Acts designed to protect rights guaranteed by the 13th, 14th, and 15th amendments.
Limits of Congressional Power to Regulate Supreme Court Untested
MSN – Michael Macagnone (Roll Call) | Published: 8/2/2023
Supreme Court Justice Samuel Alito Jr. started a flurry of conversation among judicial and congressional experts when he expressed a self-proclaimed “controversial view” that Congress does not have “the authority to regulate the Supreme Court – period.” Those experts generally agree that such a broad comment on its face is not correct, since Congress does have authority to regulate the court’s docket, budget, and even how many justices there are. But the specifics get trickier when it comes to whether Congress has the authority to pass a code of ethics for the Supreme Court, which congressional Democrats have pushed for this year.
The Secret History of Gun Rights: How lawmakers armed the N.R.A.
MSN – Mike McIntire (New York Times) | Published: 7/30/2023
Long before the National Rifle Association (NRA) tightened its grip on Congress and won over the Supreme Court, U.S. Rep. John Dingell Jr. had a plan. It would transform the NRA from an outdated club of sportsmen into a lobbying juggernaut that would enforce elected officials’ allegiance, derail legislation behind the scenes, and redefine the legal landscape. Dingell was one of at least nine senators and representatives who served as leaders of the NRA, often prodding it to action. At seemingly every hint of a legislative threat, they stepped up, documents show, helping erect a firewall that impedes gun control today.
How Is Tim Scott Spending Millions in Campaign Money? It’s a Mystery.
Seattle Times – Rebecca Davis O’Brien, and Alexandra Berzon (New York Times) | Published: 7/28/2023
U.S. Sen. Tim Scott has more campaign money than most of his Republican presidential rivals, and he has not been shy about spending it. Where that money is ultimately going, however, is a mystery. Scott spent about $6.6 million from April through June but most of it cannot be traced to an actual vendor. Instead, roughly $5.3 million went to two shadowy entities: newly formed limited liability companies with no online presence and no record of other federal election work. Their business records show they were set up by the same person in the months before Scott entered the race.
A Senator’s New Wife and Her Old Friends Draw Prosecutors’ Attention
Yahoo News – Tracey Tully (New York Times) | Published: 8/1/2023
U.S. Robert Menendez is under investigation by the Justice Department for the second time in less than a decade, and this time, his wife is also in prosecutors’ sights. The new inquiry appears to be focused at least in part on the possibility that either the senator or his wife received undisclosed gifts from a company run by a friend of Menendez, and those gifts might have been given in exchange for political favors. Unlike her husband, Nadine Menendez has lived a mainly private life.
From the States and Municipalities
California – Why California Cities Use Your Tax Dollars to Lobby the Legislature
CalMatters – Sameea Kamal and Jeremia Kimelman | Published: 8/3/2023
An analysis shows local governments, water districts, and transit agencies in California have spent nearly $24 million on lobbying the state this year, accounting for about 10 percent of the more than $233 million total. Not all local government agencies lobby the state, but those that do tend to want to influence policies. They also seek more money from the state budget. Some national research shows the advocacy pays off as cities that do lobby receive between seven percent and 9 percent more per person in state funding than those that do not.
California – By Several Measures, the FPPC Is Outnumbered
Capitol Weekly – Brian Joseph | Published: 8/1/2023
The California Fair Political Practices Commission (FPPC) finds violations of the Political Reform Act in a few different ways, through complaints filed with the agency by members of the public, referrals from other agencies, proactive cases agency staff see in the media, and through a limited number of audits of disclosures by staff. Ann Ravel, a former FPPC chairperson, said that in a “perfect world,” the agency would have the resources and staff to proactively review many more disclosures filed with the state.
California – California Lawmakers Would Have to Disclose Lobbyist Meetings Under Sweeping Ballot Proposal
MSN – Christopher Cadelago and Melanie Mason (Politico) | Published: 8/2/2023
A ballot initiative likely to come before California voters next year would overhaul the state’s open records law, forcing unprecedented scrutiny into lobbying activities at the Capitol, and ensuring sexual harassment allegations against lawmakers are public. Bob Stern, who co-authored the state’s political reform law in 1974, reviewed the proposed measure and pointed to support from the public in further scrutinizing lawmakers’ interactions with lobbyists as well as more information into legislative probes.
California – Anaheim Corruption Report Alleges a Criminal Conspiracy, Secret Lobbying and Influence Peddling
MSN – Nathan Fenno and Gabriel San Román (Los Angeles Times) | Published: 7/31/2023
An outside investigation into alleged corruption in Anaheim detailed Disneyland area resort interests improperly steering City Hall policymaking. The report noted numerous lobbyist meetings that were not reported as required and raised concerns about the close relationship between the city and the Anaheim Chamber of Commerce. It characterized former Mayor Harry Sidhu’s Anaheim First initiative as “nothing more than a fig leaf for potential future public corruption and the wrongful diversion of public funds.”
California – Planned Cuts to City Ethics Board Reversed by Legislators
San Francisco Examiner – Adam Shanks | Published: 7/28/2023
San Francisco’s ethics watchdog was spared the significant reductions to its budget first proposed by Mayor London Breed. The budget agreement finalized by the board of supervisors and Breed restored $2.3 million to the commission’s funding. While the money is only a small portion of the city’s budget, supervisors and ethics panel leaders stressed the importance of its work, particularly given that 2024 is a major election year.
Florida – Fort Lauderdale Commissioners Will Pay After All, After Attending Lionel Messi’s Unveiling
Broward.US – Anthony Man (South Florida Sun-Sentinel) | Published: 7/26/2023
The Fort Lauderdale commissioners who welcome Inter Miami superstar Lionel Messi are reimbursing the soccer team. The Fort Lauderdale leaders, along with elected officials from Miami-Dade County, were hosted by the team in a VIP area at DRV PNK Stadium for the event. Some were able to talk with and get pictures with the new player and team co-owner David Beckham. City Attorney D’Wayne Spence said those who attended should pay. He also cited state law requiring commissioners to report gifts worth more than $100 and a prohibition on accepting gifts from lobbyists or vendors.
Florida – Florida’s New Black History Standards Have Drawn Backlash. Who Wrote Them?
Seattle Times – Sarah Mervosh (New York Times) | Published: 7/28/2023
When Florida set out to revamp its standards for teaching Black history this spring, a natural place to turn would have been the state’s African American History Task Force. The volunteer task force – a group of Black educators, Democratic politicians, and community leaders, appointed by the commissioner of education – has helped shape African American history instruction in Florida for more than two decades. But in updating educational standards to comply with a new law that limits how racism and other aspects of history can be taught, state officials largely bypassed the task force.
Florida – New Law Shields DeSantis’ Use of State Vehicles to Campaign
Yahoo News – Jeffrey Schweers (Orlando Sentinel) | Published: 7/28/2023
If it had not been for a fender bender on Interstate 75 near Chattanooga, Tennessee, most folks would not know Florida Gov. Ron DeSantis was using state government vehicles for his 2024 run for president. The collision draws a curtain back on the campaign’s use of state resources. But finding out who is paying for it is nearly impossible thanks to a new law passed by the Legislature to protect the governor’s travel records from public view.
Florida – Number of Registered Lobbyists Plummets at City Hall; Ethics Watchdogs Worried
Yahoo News – Jeff Burlew (Tallahassee Democrat) | Published: 8/3/2023
Last year, 29 individuals registered to lobby city commissioners and staff in Tallahassee. They paid their annual $25 registration fees and disclosed their clients and interests. But so far this year, only six lobbyists have signed up, marking a 77 percent year-to-date drop and an all-time low in registration numbers since the city’s lobbying ordinance was enacted in 2011. The anemic registration numbers raise questions about the effectiveness of the city’s lobbying ordinance and point to the possibility of unregistered lobbyists skirting requirements.
Georgia – Judge Rejects Trump’s Effort to Short-Circuit Georgia Election Case
DNyuz – Richard Fausset and Danny Hakim (New York Times) | Published: 7/31/2023
A Georgia judge forcefully rejected an effort by former President Trump to throw out evidence collected by a special grand jury and to remove the current prosecutor from the investigation into Trump’s attempts to overturn his 2020 election loss in the state. Superior Court Judge Robert McBurney seemed to have little patience for the arguments from Trump’ legal team and suggested Trump’ lawyers were gumming up the legal process with frivolous filings.
Hawaii – Ban On Fundraisers? Hawaii Legislators Continued to Rake in Campaign Cash During Session
Honolulu Civil Beat – Chad Blair and Patti Epler | Published: 8/2/2023
Despite a new law banning fundraising during the legislative session in Hawaii, it did not halt the flow of campaign donations to many state senators and representatives. A review of the latest campaign finance disclosures illustrates major special interests continue to give generously to lawmakers, especially those who wield a lot of power.
Kansas – Kansas $180K Megaproject Consulting Job Went to Deputy Secretary’s LLC
Yahoo News – Jason Alatidd (Topeka Capital-Journal) | Published: 7/30/2023
A top economic development employee at the Kansas Department of Commerce bid on and won a $180,000 a year contract to consult for the agency. State officials maintain there was no conflict-of-interest in awarding the consulting contract to Paul Hughes, whose contract went into effect two weeks before he left his government job. While Hughes was still employed by the state, he formed his own company, Catapult Kansas LLC. He then bid on and was awarded a contract to consult for the Commerce Department on megaprojects.
Kansas – Kansas Ethics Regulators Can Waive Fines – but Some Think They Aren’t Consistent
Yahoo News – Andrew Bahl (Topeka Capital-Journal) | Published: 7/28/2023
Often, if a person incurs a low-level violation of the state’s campaign finance or lobbying laws such as filing the required reports late, they will ask the Kansas Governmental Ethics Commission to waive or lower the fine associated with that offense. While some factors, such as an illness or an inability to pay the fine, almost always result in a waived or reduced fee, other times relatively similar cases see disparate outcomes. Now, the agency is taking a look at its policies to ensure it remains fair.
Maryland – Treasurer for Baltimore County Campaign Committees Sentenced for Stealing Funds
Maryland Daily Record – Madeleine O’Neill | Published: 7/31/2023
The onetime treasurer for a Baltimore County political slate who admitted to embezzling tens of thousands of dollars in campaign funds will serve six months in jail. William McCollum stole money from the Baltimore County Victory Slate and the finance committee of former Baltimore County Councilperson Cathy Bevins. He was accused of stealing funds through direct payments to pay his personal credit card bill and by depositing checks made out to the fund or to vendors into his personal bank account.
Michigan – Michigan Republicans Charged in Connection with 2020 Voting Machine Tampering
MSN – Patrick Marley and Aaron Schaffer (Washington Post) | Published: 8/1/2023
A former Michigan lawmaker and a losing candidate for state attorney general were charged with felonies as part of an investigation into the improper acquisition of voting machines. Special prosecutor D.J. Hilson has been looking into efforts by a group of conservatives to persuade election clerks to give them voting machines as they attempted to prove the 2020 presidential election had been wrongly called for Joe Biden. The group never turned up any proof, and courts in dozens of cases across the country ruled the election was properly decided.
Montana – Montana GOP Senate Candidate Keeps His CEO Job – But His Company Won’t Say How He Avoids Conflicts
MSN – Henry Gomez (NBC News) | Published: 8/3/2023
Tim Sheehy is running in one of the country’s most competitive U.S. Senate races while also running an aerial firefighting company that is heavily dependent on federal contracts. Bridger Aerospace has explicit rules about political contributions and activities. Employees are not permitted to engage in politics while on company time. There are also rules requiring legal reviews and approval before company funds can be spent on behalf of candidates or campaigns. Officials with Bridger and the Sheehy campaign did not directly address questions about how the candidate is complying with corporate accountability measures.
Nebraska – Hunter Hired as New Director of Nebraska Accountability and Disclosure Commission
Nebraska Examiner – Paul Hammel | Published: 7/28/2023
The Nebraska Accountability and Disclosure Commission hired a long-time staffer as its new executive director. David Hunter, who has worked for the commission since 2000, will succeed Frank Daley, who is retiring in September.
Nevada – Indy Explains: How does the Nevada Commission on Ethics work?
Nevada Independent – Carly Sauvageau | Published: 7/30/2023
The Nevada Commission on Ethics was thrust into the spotlight when it decided Gov. Joe Lombardo violated state ethics laws by wearing a sheriff’s badge in campaign ads and was issued a $20,000 fine – the largest ever since the commission’s creation in 1975 – as well as a censure. City councils to county commissions, public officers, and employees in the executive branch are overseen and occasionally investigated by the commission.
New Jersey – Brindle Will Retire from Top ELEC Post
New Jersey Globe – David Wildstein | Published: 7/31/2023
Jeff Brindle, the executive director of the New Jersey Election Law Enforcement Commission, will retire. Brindle’s decision comes more than five months after Gov. Phil Murphy had sought to oust Brindle from his post earlier this year over an email sent to a staffer last fall that mocked National Coming Out Day. He will leave at the end of the year. Brindle is suing Murphy and some top aides over their bid to force him out.
New Mexico – Ethics Agency Reaches Settlement with PAC Active in 2022 Legislative Race
Yahoo News – Dan McKay (Albuquerque Journal) | Published: 8/1/2023
A PAC agreed to pay a $1,000 civil penalty and disclose its financial activity in a new report after New Mexico’s independent ethics agency accused it of violating campaign finance laws in a 2022 legislative race. The New Mexico Values PAC disclosed just $2,500 in contributions and spending. But the ethics panel said it is unlikely the PAC fully disclosed its activity.
New York – N.Y. Republican Lawmakers File Suit to Overturn Outside Income Limit
Spectrum News – Nick Reisman | Published: 7/27/2023
Republicans in the New York General Assembly are challenging a pending limit on the amount of money state lawmakers can earn outside of their jobs as elected officials. The lawsuit seeks to strike down the $35,000 cap, set to take effect in early 2025. Lawmakers and Gov. Kathy Hochul approved a legislative pay raise from $110,000 to $142,000 last year.
North Carolina – Inside the Party Switch that Blew Up North Carolina Politics
Seattle Times – Kate Kelly and David Perlmutt (New York Times) | Published: 7/30/2023
Rep. Tricia Cotham’s win in the November general election for the North Carolina House helped Democrats lock in enough seats to prevent, by a single vote, a Republican supermajority in the chamber. Three months after Cotham took office in January, she delivered a mortal shock to Democrats and abortion rights supporters. She switched parties and then cast a decisive vote to enact a 12-week limit on most abortions, the state’s most restrictive abortion policy in 50 years.
North Carolina – ‘Sophisticated Scam’ Nabs $50k from Stein’s Gubernatorial Campaign
WRAL – Travis Fain | Published: 7/31/2023
North Carolina Attorney General Josh Stein’s gubernatorial campaign was the victim of a “sophisticated scam” that cost the candidate’s operation about $50,000. A campaign finance filing, breaking down donations and expenses from the first six months of 2023, lists a $50,438.77 expense in January identified as a “fraudulent wire transfer payment.”
North Carolina – Idea Exchange or Corporate Lobbying Front? A Look into ALEC’s Influence in NC
Yahoo News – Jazper Lu (Raleigh News and Observer) | Published: 7/30/2023
Some North Carolina lawmakers attended the 50th annual meeting of the American Legislative Exchange Council (ALEC). The politically conservative organization regularly convenes state legislators from around the U.S., mostly Republicans, with private sector representatives to write and publish “model bills,” draft legislation that can then be used by anyone. Historically, some North Carolina policies have gone on to form the building blocks for ALEC model legislation. Several of the state’s lawmakers have served in top ALEC leadership positions.
Ohio – Ohio Voters Are Deciding If It’s Too Easy to Pass Ballot Measures. Other States Are Watching.
Missouri Independent – Zachary Roth and Morgan Trau | Published: 8/2/2023
Ohioans over the last century have used the state’s ballot initiative process to pass constitutional amendments that raised the minimum wage, integrated the National Guard, and removed the phrase “white male” from the constitution’s list of voter eligibility requirements. Now, lawmakers want to make it much tougher for an initiative to be approved. Opponents of the effort, who are leading in the polls, say doing so would undermine democracy. Whoever prevails, the verdict could reverberate far beyond the Buckeye State, as other states eye limits on ballot initiatives.
Pennsylvania – Judge Rules Trump False Election Claims While in Office Covered by Presidential Immunity
Yahoo News – Zach Schonfeld (The Hill) | Published: 8/1/2023
A state judge in Pennsylvania ruled an election worker cannot sue former President Trump over statements he made sowing doubt in the 2020 election results while in office, finding the statements are protected by presidential immunity. Philadelphia County Court of Common Pleas Judge Michael Erdos said Trump was immune for a tweet he issued and comments he made remotely from the White House during a Pennsylvania Senate committee hearing. The statements, made without evidence, claimed fraud in Pennsylvania’s election count.
Texas – 1 in 5 Houston City Hall Candidates Skipped Campaign Finance Reports, Violating State Ethics Laws
MSN – Dylan McGuinness (Houston Chronicle) | Published: 8/2/2023
A dozen candidates running for elected positions in Houston failed to file required campaign finance reports in July, continuing a sloppy reporting period for the slate of candidates hoping to lead the city. The omissions account for nearly one in five of candidates running in the November elections, after about 25 percent failed to file the mandatory reports in January as well. Top mayoral contenders also had to refund contributions from those who exceeded the city’s cap and from prohibited city contractors.
Texas – Texas Environmental Regulators Are Using an Unwritten Rule to Squash Pollution Challenges
MSN – Dylan Baddour (Inside Climate News) | Published: 8/1/2023
When an oil company sought pollution permits in Texas to expand its export terminal beside Lavaca Bay, a coalition produced an analysis alleging the company, Max Midstream, underrepresented expected emissions to avoid a more rigorous permitting process and stricter pollution control requirements. In response, Max Midstream claimed the groups and citizens involved had no right to bring forth a challenge because they lived more than one mile from the Seahawk Oil Terminal. But the Texas Commission on Environmental Quality says the one-mile test cited by the company’s lawyers does not exist.
Washington – State Ethics Board Cites Rep. Simmons for Speaking Engagement Compensation
MSN – Kai Uyehara (Kitsap Sun) | Published: 7/28/2023
Washington Rep. Tarra Simmons was cited by a state legislative ethics board for accepting pay for speaking at Vanderbilt University about her experience as an incarcerated woman, an inspiring personal history that has been widely documented but ran afoul of rules when it was entwined with Simmons’ role as an elected official. Simmons said she was unaware of the state rules before accepting $1,000 for a 2021 speech. She was ordered to return the money and fined $250, which was waived by the state ethics board.
Wisconsin – Wisconsin Lawsuit Asks New Liberal-Controlled Supreme Court to Toss Republican-Drawn Maps
ABC News – Scott Bauer (Associated Press) | Published: 8/2/2023
A lawsuit asks Wisconsin’s newly liberal-controlled state Supreme Court to throw out Republican-drawn legislative maps as unconstitutional, the latest legal challenge of many nationwide that could upset political boundary lines before the 2024 election. The lawsuit asks that all 132 state lawmakers be up for election that year in newly drawn districts. In Senate districts that are midway through a four-year term in 2024, there would be a special election with the winner serving two years. Then the regular four-year cycle would resume in 2026.
July 28, 2023 •
News You Can Use Digest – July 28, 2023
National/Federal Senate GOP Leader McConnell Briefly Leaves News Conference After Freezing Up Midsentence Associated Press News – Mary Clare Jalonick | Published: 7/26/2023 Senate Minority Leader Mitch McConnell briefly left his own press conference after stopping his remarks midsentence and staring off […]
National/Federal
Senate GOP Leader McConnell Briefly Leaves News Conference After Freezing Up Midsentence
Associated Press News – Mary Clare Jalonick | Published: 7/26/2023
Senate Minority Leader Mitch McConnell briefly left his own press conference after stopping his remarks midsentence and staring off into space for several seconds. McConnell was out of the Senate for almost six weeks earlier this year after falling and hitting his head. He was hospitalized for several days, and suffered a concussion and fractured a rib. His speech has sounded more halting in recent weeks, prompting questions among some of his colleagues about his health.
Prosecutors Drop Campaign Finance Charge Against Sam Bankman-Fried
DNyuz – David Yaffe-Bellany and Matthew Goldstein (New York Times) | Published: 7/27/2023
Federal prosecutors pursuing the criminal case against the cryptocurrency mogul Sam Bankman-Fried said they were dropping a charge that he violated campaign finance rules. Bankman-Fried was charged with fraud and campaign finance violations after the collapse of his company, FTX. He was extradited to the U.S. from the Bahamas, where FTX was based. But prosecutors said they had been informed by officials in the Bahamas the nation’s government had not intended to extradite Bankman-Fried on the campaign finance charge.
More Income for the Supreme Court: Million-dollar book deals
DNyuz – Steve Eder, Abbie Van Sickle, and Elizabeth Harris (New York Times) | Published: 7/27/2023
In recent months, media reports have highlighted a lack of transparency at the U.S. Supreme Court, as well as the absence of a binding ethics code for the justices. The reports included Justice Clarence Thomas’s travels and relationships with wealthy benefactors. The justices’ book deals are not prohibited under the law, and income from the advances and royalties are reported on annual financial disclosure forms. But the deals have become lucrative for the justices, including for those who have used court staff members to help research and promote their books.
How George Santos Used Political Connections to Fuel Get-Rich Schemes
DNyuz – Grace Ashford (New York Times) | Published: 7/26/2023
In the years since U.S. Rep. George Santos first ran for the House in 2020, he has become adept at finding ways to extract money from politics. He founded a political consulting group that he marketed to other Republicans. He sought to profit from the Covid crisis, using campaign connections. He also solicited investments for and from political donors, raising ethical questions. A review of his political career found several previously unreported examples of how he sought to use the connections he made as a candidate for public office to enrich himself.
How Right-Wing News Powers the ‘Gold IRA’ Industry
MSN – Jeremy Merrill and Hanna Kozlowska (Washington Post) | Published: 7/25/2023
While the legitimacy of the gold retirement investment industry is the subject of numerous lawsuits, including allegations of fraud by regulators, its advertising has become a mainstay of right-wing media. The industry spends millions of dollars a year to reach viewers of Fox, Newsmax, and other conservative outlets. For years, gold IRA industry advertising has echoed accusations against Democratic politicians commonly found in news segments on conservative outlets. The ads tout the coins as a safe haven from economic uncertainty and social upheaval.
Many Redistricting Redos Pending, but ’24 Election Outlook Unclear
MSN – Michael Macagnone and Mary Ellen McIntire (Roll Call) | Published: 7/25/2023
There is a series of courtroom redistricting battles playing out in about a dozen states. Some new maps could be drawn in time to change the electoral landscape in 2024, when Democrats need a net gain of five seats to take control of the House. But others may still be facing challenges as that election goes forward. One attorney said drawing new districts just once a decade after the census comes out is almost passé, and ongoing litigation is the new normal.
Supreme Court Ethics Measure Advances on Party-Line Vote
MSN – Michael Macagnone (Roll Call) | Published: 7/20/2023
The Senate Judiciary Committee advanced a bill that would place new transparency rules on U.S. Supreme Court filings, place new recusal standards on the justices, and require the court to adopt a code of ethics. The party-line vote came as Democrats said Congress must act because reports about undisclosed gifts and travel received by justices had stained the institution. Republicans called the measure an attack on the legitimacy of a conservative-controlled court that has ruled in ways Democrats do not like.
Risky Business: Top lobbying firms navigate uncertainty in tumultuous second quarter
MSN – Taylor Giorno (The Hill) | Published: 7/21/2023
K Street’s top lobbying firms reported strong earnings in a quarter marked by uncertainty. Lobbyists said they have been hard at work on some of the must-pass bills in the 118th Congress, including the National Defense Authorization Act, the Federal Aviation Authorization, and the Farm Bill reauthorization. Against the backdrop of the collapse of Silicon Valley Bank and the narrowly avoided debt ceiling crisis, the Biden administration has pushed for new regulations. Lobbyists say Biden’s regulators push is driving a significant amount of their work.
Trial Date in Trump Documents Case Set for May 2024
MSN – Melissa Quinn (CBS News) | Published: 7/21/2023
The federal judge in Florida overseeing the Justice Department’s case against former President Trump over his alleged mishandling of sensitive government documents has set a date for his trial to begin in May 2024. The Justice Department had requested the trial start by mid-December of this year, but Trump’s legal team pushed back, arguing instead for the proceedings to begin after the 2024 presidential election. The May 20 date means the trial will take place toward the end of the Republican presidential primaries.
Smithsonian Literary Fest Flagged ‘Sensitive’ Topics Before Cancellation
MSN – Sophia Nguyen (Washington Post) | Published: 7/22/2023
Less than a month before the Smithsonian’s Asian American Literature Festival was to begin, staffers prepared what they considered to be a routine memo discussing programs involving “potentially sensitive issues” they knew the host institution would want to be aware of in advance. Among the matters cited in the mem: a panel about book bans, and two events featuring queer, trans, and nonbinary writers. Hours later, the acting director of the Smithsonian Institution’s Asian Pacific American Center, Yao-Fen You, informed organizers she decided to cancel the entire festival because of “unforeseen circumstances.”
Vaccine Politics May Be to Blame for GOP Excess Deaths, Study Finds
MSN – David Ovalle (Washington Post) | Published: 7/24/2023
The political maelstrom swirling around coronavirus vaccines may be to blame for a higher rate of excess deaths among registered Republicans in Ohio and Florida during the coronavirus pandemic. The new study underscores the partisan divide over coronavirus vaccines that have saved lives but continued to roil American politics even as the pandemic has waned. Yale University researchers found registered Republicans had a higher rate of excess deaths than Democrats in the months following when vaccines became available for all adults in April 2021.
‘This Is a Really Big Deal’: How college towns are decimating the GOP
Yahoo News – Charlie Mahtesian and Madi Alexander (Politico) | Published: 7/21/2023
In state after state, fast-growing, traditionally liberal counties with colleges are flexing their electoral muscles, generating higher turnout and ever greater Democratic margins. They have already played a pivotal role in turning several red states blue and they could play an equally decisive role in key swing states next year. Name the flagship university and the story tends to be the same. If the surrounding county was a reliable source of Democratic votes in the past, it is a landslide county now.
Fearing Trump’s Wrath, GOP Lobbyists Stay on the ’24 Primary Sidelines
Yahoo News – Hailey Fuchs (Politico) | Published: 7/25/2023
Republican lobbyists on K Street are not rushing to back Donald Trump in his third run for the White House. But they are not rallying in full force behind an alternative either. While some lobbyists are doling out cash, others are fearful any type of public opposition to the former president could make them persona non grata in Washington should he get back to the White House.
From the States and Municipalities
Canada – Google, Meta Fight with Canada Over Law Forcing Them to Pay for News
MSN – Amanda Coletta (Washington Post) | Published: 7/22/2023
Prime Minister Justin Trudeau’s government is in a high-stakes showdown with Google and Meta, accusing them of unfairly profiting at the expense of Canadian news outlets and of using “bullying tactics” to intimidate officials. At issue Canada’s Online News Act, which aims to shore up a struggling media industry by requiring tech firms to compensate domestic news publishers for the content shared on their platforms.
Alabama – Alabama Lawmakers Refuse to Create a 2nd Majority-Black Congressional District
National Public Radio – Jeff Amy and Kim Chandler (Associated Press) | Published: 7/21/2023
Alabama refused to create a second majority-Black congressional district, a move that could defy a recent order from the U.S. Supreme Court to give minority voters a greater voice and trigger a renewed battle over the state’s political map. State lawmakers faced a deadline to adopt new district lines after the Supreme Court in June upheld a three-judge panel’s finding that the current state map, with one majority-Black district out of seven in a state that is 27 percent Black, likely violates the Voting Rights Act.
Arizona Capitol Times – Howard Fischer (Arizona Capitol Services) | Published: 7/25/2023
Rebuffed in their bid to totally quash a voter-approved ban on “dark money,” two organizations involved in trying to influence Arizona politics are now trying to at least get themselves and their donors exempted from its provisions. In new legal filings, attorney Scott Freeman again argues Proposition 211 and its requirement for disclosure of the true source of campaign money violates state constitutional provisions guaranteeing free speech and privacy. Those claims, first filed last year, were rejected by Maricopa County Superior Court Judge Scott McCoy.
California – A Politician’s Downfall Reveals a Disney Exec and a Secret ‘Cabal’s’ Power Over Anaheim
MSN – Adam Elmahrek, Gabriel San Román, and Nathan Fenno (Los Angeles Times) | Published: 7/25/2023
The role of powerful business interests in Anaheim – home to Disneyland Resort and Angel Stadium – has come under renewed scrutiny amid an ongoing federal corruption investigation that became public last year. FBI affidavits detail strong alliances between city leaders and several unelected power brokers. Jordan Brandman provided an insider’s look at how Anaheim was run from when he became a city council member in 2012 to when he stepped down in disgrace two years ago. His account and records describe relationships that went deeper than the typical transactional ties that often bind lobbyists and government officials.
California – Real Estate Developer in Huizar Bribery Case Sentenced to Six Years in Prison
MSN – David Zahniser (Los Angeles Times) | Published: 7/21/2023
A federal judge sentenced a Los Angeles real estate developer to six years in prison for providing cash bribes to former city council member Jose Huizar, then attempting to hide the transaction from investigators. Dae Yong Lee was found guilty of giving $500,000 in bribes in exchange for the approval of a 20-story residential tower. He was also convicted of wire fraud and obstruction of justice.
California – Oakland’s Democracy Dollars Delayed, But Not Dead
Oaklandside – Eli Wolfe | Published: 7/26/2023
Oakland residents will not receive Democracy Dollars to spend in the 2024 general election due to the budget. But the program’s supporters are determined to see a successful launch in 2026. Democracy Dollar, an initiative to level the campaign finance playing field, was overwhelmingly approved by voters last November. The measure called for giving every registered voter $100 in vouchers they could use to support candidates for city council, mayor, and other city offices.
California – Marilyn Flynn, Ex-USC Dean in Corruption Case with Ridley-Thomas, Sentenced to 3 Years Probation
Yahoo News – Matt Hamilton (Los Angeles Times) | Published: 7/24/2023
Marilyn Flynn, the former dean of the University of Southern California’s (USC) social work program who admitted to bribing Los Angeles County Supervisor Mark Ridley-Thomas in exchange for his help securing the renewal of a county contract, was sentenced to 18 months of home confinement. Flynn admitted she agreed to send $100,000 from USC to the United Ways of California, which was sponsoring a new nonprofit led by Ridley-Thomas’ son. The money from USC coincided with the donation of $100,000 to USC’s social work program from a political campaign associated with Mark Ridley-Thomas.
Colorado – 7-Year Saga: Millions in legal fees in fight between ethics commission and Glendale mayor
Colorado Politics – Marianne Goodland | Published: 7/22/2023
In 2016, the Colorado Independent Ethics Commission decided a complaint against Glendale Mayor Mike Dunafon warranted an investigation. Seven years later, Dunafon said he still does not know what he is being charged with. In the meantime, the Colorado Court of Appeals decided the commission’s efforts to assert jurisdiction over the city government in the Dunafon case had no basis in law. While it is unclear when the case might be resolved, the battle between the commission and the city and its mayor has so far cost Glendale taxpayers more than $2 million.
Florida – DeSantis Doubles Down on Claim That Some Blacks Benefited from Slavery
MSN – Kevin Sullivan and Lori Rozsa (Washington Post) | Published: 7/22/2023
Florida Gov. Ron DeSantis is intensifying his efforts to de-emphasize racism in his state’s public school curriculum by arguing some Black people benefited from being enslaved and defending the new African American history standards that civil rights leaders and scholars say misrepresents centuries of reality. “They’re probably going to show that some of the folks that eventually parlayed … being a blacksmith into doing things later in life,” DeSantis said while standing in front of a nearly all-White crowd of supporters.
MSN – Anthony Man (South Florida Sun-Sentinel) | Published: 7/18/2023
Among the thousands of fans who packed Fort Lauderdale’s professional soccer stadium recently were prominent elected officials, who were hosted in a secure VIP area, where some were able to talk with and get pictures with Inter Miami’s new superstar player, Lionel Messi, and team co-owner David Beckham. The presence of the elected officials raised questions about what they were doing at the event. One Fort Lauderdale commissioner said it was improper for his colleagues to attend.
Florida – Failed Miami-Dade Commission Candidate Faces Long List of Campaign-Finance Charges
Yahoo News – Grethel Aguila (Miami Herald) | Published: 7/26/2023
Sophia Lacayo, a failed Miami-Dade Commission candidate, spent more than a million dollars challenging one of the county’s longest-serving politicians last year. Now, prosecutors allege some of that money was mishandled. State Attorney Katherine Fernandez Rundle said the violations were “deliberate steps” to sidestep campaign finance laws.
Georgia – Giuliani Not Contesting Making False Statements About Georgia Election Workers
MSN – John Wagner and Amy Wang (Washington Post) | Published: 7/26/2023
Rudy Giuliani, who served as a lawyer for former President Trump, is no longer contesting as a legal matter that he made false and defamatory statements about two former Georgia election workers – but argues in a new court filing what amounted to false claims about vote-rigging in the 2020 presidential election was constitutionally protected speech and did not damage the workers. The filing is the latest twist in a lawsuit brought by Ruby Freeman and her daughter, Shaye Moss, who counted ballots in Fulton County during the November 2020 election.
Illinois – Chicago Watchdog Vows to Ramp Up Enforcement of Ethics Laws, Address ‘Deficit of Legitimacy’
WTTW – Heather Cherone | Published: 7/25/2023
Inspector General Deborah Witzburg said her office’s decision to declare two high-profile Chicago politicians violated the city’s ethics laws should put elected officials on notice that she plans to step up efforts to hold rule breakers accountable. Witzburg vowed to pursue enforcement of Chicago’s ethics rules with “greater frequency and rigor than ever before – paying down the deficit of legitimacy at which the city operates by ensuring that people who break the rules are held accountable, regardless of their positions.”
Louisiana – Bid-Rigging, Ethics Violations Found in Unreleased New Orleans ‘Smart Cities’ Investigation
Louisiana Illuminator – Michael Isaac Stein (Verite) | Published: 7/23/2023
Investigators hired by the New Orleans City Council last year to look into the now-abandoned “smart cities” project found evidence of potential contract-rigging, ethics violations, and perjury by city officials. The final product concluded that the consortium of businesses that was selected for the proposed contract, Smart+Connected NOLA, had an unfair advantage in the public bidding process, and undisclosed financial relationships compromised the integrity of the process.
Massachusetts – Councilor Tania Fernandes Anderson Admits to Ethics Violation, Pays Penalty in Connection to Hiring Relatives
MSN – Sean Cotter (Boston Globe) | Published: 7/25/2023
Boston City Councilor Tania Fernandes Anderson admitted to an ethics violation and agreed to pay a $5,000 fine for hiring and then giving raises to her sister and son. Fernandes Anderson said both of her family members were “amazing” employees who she would happily hire again if it were allowed.
Michigan – ‘Cover-Up’ Alleged as Michigan Redistricting Member Cleared of Ethics Violation
MLive – Ben Orner | Published: 7/20/2023
The Michigan Independent Citizens Redistricting Commission cleared Commissioner Anthony Eid of any ethics violations after he left a position as deputy director of Michigan Voices, a nonprofit that had lobbied the commission. With questions of a conflict-of-interest dogging Eid, Commissioner Rebecca Szetela asked for a ruling regarding his employment. But at a recent meeting, Szetela’s item was pulled from the agenda after commission Chairperson Doug Clark announced Eid and Michigan Voices had mutually parted ways and the matter should be deleted from the agenda because it “has been taken care of.”
Minnesota – Minnesota Legalizes Crypto Contributions for State Campaigns
MSN – Torey Van Oot (Axios) | Published: 7/27/2023
Cryptocurrency contributions to state campaign committees are now explicitly allowed under a law that took effect recently in Minnesota. Under the new rules, campaigns must convert donations made via virtual currency to U.S. dollars within five days. The Campaign Finance and Public Disclosure Board asked legislators to address crypto to get ahead of any potential issues as digital currencies grow in popularity, Executive Director Jeff Sigurdson said.
Nevada – Lombardo Fined $20K for Ethical Lapses in Nevada Governor Campaign
Las Vegas Sun – Casey Harrison | Published: 7/25/2023
The Nevada Commission on Ethics voted to censure and fine Gov. Joe Lombardo $20,000 for using his Clark County Sheriff uniform and badge while running for governor in 2022 but declined to levy the proposed fine. Commission Executive Director Ross Armstrong said each of the 34 social media posts in question violated two provisions of state law, or 68 violations in total, which left Armstrong to recommend the commission order Lombardo to pay a record $1.67 million civil fine, be censured by the body, and be compelled to establish an ethics officer within the governor’s office.
New Jersey – New Jersey’s Election Watchdog Dumps 107 Cases After Controversial Law Cuts Investigative Time
New Jersey Monitor – Dana DiFilippo | Published: 7/26/2023
The state’s election watchdog dismissed almost half its active investigations into reported campaign finance violations after legislators passed a controversial new law critics warned would weaken enforcement. The New Jersey Election Law Enforcement Commission (ELEC) held its first meeting since its former commissioners resigned in protest over the new law, which Gov. Murphy signed in April. With four new commissioners appointed by Murphy recently, ELEC tossed 107 cases.
New Jersey – Former Top Aide to NJ Senate Leader Avoids Prison Time in Tax Evasion, Wire Fraud Case
Yahoo News – Ashley Balcerzak (Bergen Record) | Published: 7/24/2023
Tony Teixeira, former chief of staff to the New Jersey Senate president, was sentenced to eight months of house arrest and three years of probation after pleading guilty to tax evasion and wire fraud. Teixeira admitted he conspired with political operative Sean Caddle to overcharge campaigns, PACs, and nonprofits for work done by Caddle’s consulting firms and split the proceeds. Kickbacks to Teixeira were concealed through cash and checks made out to Teixeira’s relatives.
New Mexico – Calls for a More Independent Harassment Review Process in NM Legislature Remain Unmet
Source New Mexico – Megan Gleason | Published: 7/24/2023
Lawmakers are gathering all over New Mexico to discuss priorities for the next legislative session. Much like the 2023 Legislature, some lobbyists still feel unsafe at these meetings around the state’s public servants. Very little has changed since the last session, despite calls for more safety and accountability measures for lawmakers. After a senator who has had allegations against him in the past for sexual misconduct presented all day long at an interim committee meeting, lobbyists are raising their voices again for change in the Legislature.
New York – Restaurateur Who Paid Off New York Politicians Sentenced to 4 Years in Prison
DNyuz – Karen Zraick (New York Times) | Published: 7/26/2023
A restaurateur who was a key witness in a public corruption investigation was sentenced to four years in prison, ending an episode that churned up allegations of endemic wrongdoing that stretched across New York City and one of its most populous suburban areas. Harendra Singh pleaded guilty to charges he bribed a former Nassau County executive, Edward Mangano. Singh also admitted trying to bribe former New York City Mayor Bill de Blasio, to get favorable treatment for a restaurant in Queens.
North Carolina – Are NC Legislators Allowed to Date Staff Members? Here’s What Their Rules Say.
MSN – Jazper Lu (Raleigh News and Observer) | Published: 7/24/2023
In a recent interview, North Carolina House Speaker Tim Moore defended his years-long relationship with a state official, noting the employee in question does not report to him. Moore also pointed out that rules allow legislators to date members of their own staff. This does not mean such conduct does not come under scrutiny, however.
Oregon – For One Democrat, the Price of Bucking Her Party Is a Flood of Bad Reviews
Seattle Times – Annie Karni (New York Times) | Published: 7/22/2023
Rep. Marie Gluesenkamp Pérez was elected to Congress last year as a Democrat and became one of only a small number of lawmakers in her party who periodically crosses over to vote with Republicans. Now, Gluesenkamp Pérez is one of the most vulnerable Democrats in Congress, and Dean’s Car Care – the family business named for her husband – has become the target of vicious online trolling from the left. Negative online reviews of the business excoriate her for siding with Republicans on a bill to repeal President Biden’s student loan relief initiative.
Rhode Island – RI Ethics Panel to Investigate Gov. McKee’s Free Lunch with Lobbyist
WPRI – Eli Sherman | Published: 7/25/2023
The Rhode Island Ethics Commission opened an investigation into whether Gov. Dan McKee violated state law when a lobbyist treated him to lunch at a high-end restaurant. The state Republican Party called into question a meal where statehouse lobbyist Jeff Britt and his clients – executives of Scout Ltd. – met with McKee and his fundraising chairperson, Jerry Sahagian. Britt said the meal cost $228, and he picked up the tab after Sahagian told him he “did not have the campaign credit card.”
Tennessee – Tennessee Now Requires Court Order or Proof of Pardon to Restore Felon Voting Rights
Associated Press News – Jonathan Matisse and Travis Loller | Published: 7/21/2023
Tennessee has begun requiring felons who want their voting rights back to first get their full citizenship rights restored by a judge or show they were pardoned. Election officials say the step is required after a recent court ruling. But attorneys representing the state’s disenfranchised felons accuse officials of searching for ways to suppress Black voters.
Tennessee – What Happens When a Cash-Poor Billionaire Wants a New Sports Stadium? Lobbying.
Tennessee Lookout – Adam Friedman | Published: 7/26/2023
Amy Adams Strunk and her family own the Tennessee Titans of the National Football League. The family is wealthy by almost every standard except one – among sports owners. When they were almost two billion dollars shy of the cash needed for a new stadium in Nashville, the family turned to a strategy common for Tennessee businesses wanting help with a project. They hired a deep roster of lobbyists to convince lawmakers to raise taxes and fund their proposal with public dollars that those opposed to the stadium say could have been spent elsewhere.
July 21, 2023 •
News You Can Use Digest – July 21, 2023
National/Federal Supreme Court Justices and Donors Mingle at Campus Visits. These Documents Show the Ethical Dilemmas Associated Press News – Brian Slodysko and Eric Tucker | Published: 7/11/2023 Documents reveal the extent to which public colleges and universities have seen visits by […]
National/Federal
Supreme Court Justices and Donors Mingle at Campus Visits. These Documents Show the Ethical Dilemmas
Associated Press News – Brian Slodysko and Eric Tucker | Published: 7/11/2023
Documents reveal the extent to which public colleges and universities have seen visits by U.S. Supreme Court justices as opportunities to generate donations – regularly putting justices in the room with influential donors, including some whose industries have had interests before the court. The documents also reveal that justices have lent the prestige of their positions to partisan activity, headlining speaking events with prominent politicians, or advanced their own personal interests, such as sales of their books, through college visits. The conduct would likely be prohibited if done by lower court federal judges.
The Biden Administration Is Without a Confirmed Ethics Czar
Government Executive – Eric Katz | Published: 7/18/2023
The federal agency responsible for enforcing ethics rules across government is without a confirmed leader for the first time in five years and President Biden has yet to appoint anyone to fill the role. The lack of a confirmed director should not hinder the Office of Government Ethics’ daily operations, but Biden would be smart to pick a new permanent leader soon to signal he is serious about ethics, former agency officials said. Shelley Finlayson, chief of staff and program counsel at the ethics agency, will fill in as director on an acting basis.
Social Media Restrictions on Biden Officials Are Paused in Appeal
Las Vegas Sun – David McCabe and Steve Lohr (New York Times) | Published: 7/13/2023
A federal appeals court paused a judge’s order that had blocked much of the Biden administration from talking to social media sites about content. The case could have significant First Amendment implications and affect the conduct of social media companies and their cooperation with government agencies. The appeals court also called for expedited oral arguments in the case.
Door-Knocker Complaints Show Risks of DeSantis Super PAC Strategy
MSN – Michael Scherer and Josh Dawsey (Washington Post) | Published: 7/13/2023
With his foot on the front porch of a home in Charleston, South Carolina, a canvasser for a $100 million field effort supporting Florida Gov. Ron DeSantis vented on July 7 about a homeowner who he said had told him to get off his lawn. The outburst seen on a Ring doorbell video recording highlighted a potential risk of the unprecedented effort by DeSantis donors to flood early primary states with thousands of paid door knockers armed with high-tech tools to win support one conversation at a time.
GOP Lawmaker Says He ‘Misspoke’ in Referring to ‘Colored People’ on House Floor
MSN – Amy Wang (Washington Post) | Published: 7/14/2023
Rep. Eli Crane said he “misspoke” when he referred to Black Americans as “colored people” on the U.S. House floor while arguing the military should not focus on diversity, a comment that sparked an immediate outcry in the chamber and was condemned by Democrats. Crane, who served in the Navy, suggested any focus on diversity would lead to a lowering of military standards.
Trump Says He Received a Target Letter in Federal Jan. 6 Investigation
MSN – Perry Stein, Josh Dawsey, and Jacqueline Alemany (Washington Post) | Published: 7/18/2023
Former President Trump received a letter from the Justice Department informing him that he is a target of the long-running investigation into efforts to overturn the 2020 presidential election. The target letter and potential indictment further ensnare Trump in unprecedented legal peril while he is campaigning as the front-runner to be the 2024 Republican nominee for president. The letter also comes as state and federal prosecutors around the country appear to be preparing to lodge criminal charges related to efforts to overturn a presidential election.
Marjorie Taylor Greene’s Explicit Visuals at Hunter Biden Hearing Draw Rebuke
MSN – Mariana Alfaro (Washington Post) | Published: 7/19/2023
Rep. Marjorie Taylor Greene showed what appeared to be sexually explicit images of Hunter Biden, President Biden’s son, during a hearing of the House Oversight and Accountability Committee, drawing immediate rebukes from Democratic members of the panel. The committee was hearing testimony from two IRS whistleblowers involved in an investigation into Hunter Biden’s taxes when Greene, during her questioning, produced the graphic poster boards. While the faces of other people in the photographs were blocked with black boxes, what appeared to be Hunter Biden’s face was not censored.
Influential Activist Leonard Leo Helped Fund Media Campaign Lionizing Clarence Thomas
MSN – Shawn Boberg, Emma Brown, and Ann Marimow (Washington Post) | Published: 7/20/2023
The 25th anniversary of Clarence Thomas’s confirmation to the Supreme Court was approaching, in a moment that would draw attention to his accomplishments but also to the misconduct claims that had nearly derailed his rise. A coordinated and sophisticated public relations campaign to defend and celebrate Thomas began. The campaign would stretch on for years and include the creation and promotion of a laudatory film about Thomas. It was financed with at least $1.8 million from conservative nonprofit groups steered by the judicial activist Leonard Leo.
No Labels Throws a Coming Out Party, Stoking Dem Fears of a Third-Party Bid
MSN – Lisa Kashinsky and Shia Kapos (Politico) | Published: 7/17/2023
The centrist group No Labels signaled it will present a candidate for a third-party presidential ticket by Super Tuesday if it is clear by then the choices will be Donald Trump and President Joe Biden and if the group sees public support for an alternative. The announcement underscored the group’s movement from a largely behind-the-scenes presence to a more visible force, one that has left Democrats increasingly alarmed about the prospect of a third-party candidate spoiling Biden’s reelection.
Judge Rebukes Tucker Carlson, QAnon Shaman for ‘Alarming’ Jan. 6 Show
MSN – Rachel Weiner (Washington Post) | Published: 7/20/2023
A federal judge denied a bid from Jacob Chansley to withdraw his guilty plea to obstructing Congress and rebuked the so-called “QAnon Shaman” for going on a Tucker Carlson program that gave a distorted view of the Capitol riot. Chansley finished his sentence in March. But after leaving prison, he asked U.S. District Court Judge Royce Lamberth to undo his conviction, saying security camera footage from inside the Capitol aired by Fox News host Tucker Carlson showed police allowed him to wander around the building on January 6. Lamberth expressed his concern with Carlson’s misleading depiction of the riot.
Yahoo News – Joshua Zitser (Business Insider) | Published: 7/18/2023
In 2019, Israel sent some of its national treasures to an event at the White House on the condition they would be returned within weeks. But almost four years later, the ancient artifacts are still at former President Trump’s Mar-a-Lago resort in Florida, and senior Israeli figures are scrambling to get them back. The artifacts include ancient ceramic candles that were sent to the U.S. from Israel for a Hanukkah event at the White House attended by Trump, Haaretz reported.
Gallagher Rolls Out ‘Retroactive Foreign Agents Registration Act’ with Bipartisan Support
Yahoo News – Brooke Singman (Fox News) | Published: 7/11/2023
Rep. Mike Gallagher, chairperson of the House Select Committee on the Chinese Communist Party, is rolling out legislation with bipartisan support that would require individuals to retroactively register under the Foreign Agents Registration Act if they failed to do so while they were working for a foreign interest. The bill comes after a federal court issued a ruling last year that said if someone stops acting as a foreign agent, they have no continuing obligation to register for their work as a foreign agent.
From the States and Municipalities
Alabama – Alabama Legislature Passes Redistricting Maps That Democrats Say Defy Court Order
MSN – John Wagner and Maegan Vazquez (Washington Post) | Published: 7/19/2023
The Republican-led House and Senate in Alabama approved dueling congressional maps that would increase the percentage of Black voters in the state’s Second District but not by enough, Democrats argued, to comply with a federal court order to create two districts in the state with at least close to a majority-Black population. The legislature is in special session following a U.S. Supreme Court ruling that found lawmakers previously drew districts that unlawfully dilute the political power of its Black residents in violation of the Voting Rights Act.
Arizona – Arizona Allows Private Interests to Fund Politicians’ Legal Costs – and Keep It Secret
MSN – Stacey Barchenger (Arizona Republic) | Published: 7/19/2023
Arizona law allows private companies, nonprofits, and other groups to contribute money for candidates’ legal fees without any reporting about who is donating how much. In 2016, lawmakers amended the state’s campaign finance laws amid a bitter debate over “dark money.” The standing practice of candidates not disclosing donations to cover legal costs was written into law. An exemption for accounting costs was included. Candidates and officeholders can voluntarily disclose their spending and fundraising as it relates to legal fees, but none contacted by The Arizona Republic chose to do so.
Arizona – Arizona Escalates Probe into Alleged Efforts to Swing Election for Trump
MSN – Yvonne Wingett Sanchez (Washington Post) | Published: 7/13/2023
Arizona Attorney General Kris Mayes is ramping up a criminal investigation into alleged attempts by Republicans to overturn the 2020 presidential election results in the state by signing and transmitting paperwork falsely declaring Donald Trump the winner. Mayes assigned a team of prosecutors to the case in May, and investigators have contacted many of the pro-Trump electors and their lawyers. Investigators have requested records and other information from local officials who administered the 2020 election, and a prosecutor has inquired about evidence collected by the Justice Department and an Atlanta-area prosecutor for similar probes.
California – Former San Francisco Building Inspector Gets One Year in Prison on Corruption Charges
Courthouse News Service – Michael Gennaro | Published: 7/14/2023
Bernie Curran, a former senior building inspector for San Francisco, was sentenced to 12 months and one day in prison for accepting gratuity payments in exchange for approving building permits. He pleaded guilty and had requested to serve his sentence at home. prosecutors said Curran used his position for his benefit and disregarded safety when issuing building permits.
California – S.F. City Hall Corruption: Top SFPUC official found guilty of fraud
MSN – St. John Barned-Smith (San Francisco Chronicle) | Published: 7/14/2023
Former San Francisco Public Utilities Commission General Manager Harlan Kelly was found guilty of federal fraud charges. Kelly was accused of misconduct related to two fraud schemes: trying to sway a city streetlight contract to a local contractor in exchange for gifts, and separately lying to a lender, Quicken Loans, to get a hefty loan to pay off construction debt and other financial obligations. The verdict concludes the prosecution of one of the most powerful city officials swept up in a yearslong corruption investigation.
California – S.F. Corruption Scandal: Chinese billionaire admits bribing former public works chief Mohammed Nuru
MSN – St. John Barned-Smith and J.K. Dineen (San Francisco Chronicle) | Published: 7/19/2023
Chinese billionaire Zhang Li admitted he bribed former San Francisco Public Works Director Mohammed Nuru with food, drinks, and other amenities during a trip to China in 2018. Prosecutors agreed to drop the conspiracy to commit wire services charge after three years, as long as Zhang acknowledged the misconduct and paid a $50,000 fine. Prosecutors allege Zhang wanted to influence Nuru to win favorable treatment on decisions and city approvals needed during the construction and development of a property in the city.
California – CA Attorney General, FBI to See Complete Corruption Probe into Anaheim City Hall
Voice of OC – Hosam Elattar | Published: 7/19/2023
California Attorney General Rob Bonta and the FBI are expected to see all 300 pages of an independent corruption probe into Anaheim City Hall. Federal agents alleged a shadowy group of resort interests and lobbyists controlled policy discussions in Anaheim in sworn affidavits that surfaced last year. In February, the city council was reluctant to increase the funding for the probe without limiting its scope, which the investigators successfully refused to do. In the end, elected officials doubled the budget for the probe to a total of $1.5 million.
WGCU – Rachel Heimann Mercader (Florida Center for Government Accountability) | Published: 7/17/2023
Collier County Deputy Manager Sean Callahan was fired in January 2022 after staff discovered he was secretly working as a lobbyist for a powerful Washington, D.C. lobbying firm, a moonlighting job that violated county policies, ethical guidelines, and anti-fraud measures. A new report by the county’s inspector general reveals one of Callahan’s undisclosed lobbyist clients, Jacobs Solutions, is a long-time vendor for Collier County.
Florida – Francis Suarez Is Fundraising with Drawing for Tickets to Messi’s Inter Miami Debut
Yahoo News – Joey Flechas (Miami Herald) | Published: 7/13/2023
Miami Mayor Francis Suarez’s presidential campaign is raffling off Inter Miami tickets as part of a blitz to secure enough donors to make the first Republican primary debate in August. Federal campaign laws generally permit raffles, but the campaign’s actions could raise questions about compliance with Florida’s gaming laws. A donation to Suarez for President, Inc. is not required to enter the drawing. The free-to-enter policy is required for nonprofits to legally hold raffles. But other public notices required by state law, including contest rules and the location and time of the drawing, were not shared in the tweet Suarez sent promoting the contest.
Georgia – Georgia Supreme Court Rejects Trump Petition to Block Election Probe
MSN – Holly Bailey (Washington Post) | Published: 7/17/2023
The Georgia Supreme Court unanimously dismissed Donald Trump’s petition to block an Atlanta-area district attorney from investigating him over allegations of 2020 election interference and to throw out evidence gathered by a special purpose grand jury in the case. The court said the petition lacked proof Trump’s constitutional rights had been violated; that “the facts or the law necessary” to remove Willis from the case exist; or that other courts had rejected his claims.
MSN – Ray Long and Jason Meisner (Chicago Tribune) | Published: 7/17/2023
Tim Mapes, former chief of staff to ex-House Speaker Michael Madigan, was captured on dozens of undercover FBI recordings talking about his family, political fundraising, and his ouster after a sexual harassment scandal. The conversations, described in a defense motion seeking to keep them out of Mapes’ perjury trial, shed new light on the behind-the-scenes maneuvering and relationships among key members of Madigan’s inner circle as a series of scandals began to threaten the speaker’s decades-long grip on power.
Illinois – Chicago Watchdog Says Ald. Jim Gardiner, Former Mayor Lori Lightfoot Violated City Ethics Code
MSN – Alice Yin and Gregory Royal Pratt (Chicago Tribune) | Published: 7/14/2023
Ald. Jim Gardiner violated the city’s ethics code when he allegedly retaliated against a constituent and vocal critic by directing staffers to issue bogus citations against him, Chicago’s top watchdog found. The city’s watchdog also found probable cause that former Mayor Lori Lightfoot solicited campaign contributions from city workers in this year’s mayoral race.
Indiana – Breaking a Nondisclosure Agreement from Todd Rokita’s Office Could Cost Employees $25,000
MSN – Johnny Magdaleno (Indianapolis Star) | Published: 7/19/2023
Nondisclosure agreements that employees in Indiana Secretary of State Todd Rokita’s office are expected to sign would impose a $25,000 penalty for sharing personal information about Rokita. The contract gives Rokita and his staff the power to decide what information counts as confidential. It covers “personal or private information” about the attorney general, his employees, and their families. The contract does not prevent employees from reporting unlawful behavior. Experts said it raises concerns about constraints on free speech and the public’s right to know what goes on in the offices of elected officials.
Michigan – Michigan Charges 16 Trump Electors Who Falsely Claimed He Won the State
MSN – Patrick Marley (Washington Post) | Published: 7/18/2023
Michigan Attorney General Dana Nessel charged 16 Republicans who falsely claimed to be the state’s 2020 presidential electors with forgery and other felonies, bringing the first criminal prosecution against Donald Trump electors as investigations over attempts to overturn election results intensify across the country. Those charged submitted official-looking paperwork to the federal government asserting they were casting the state’s electoral votes for Trump. Joe Biden won Michigan, and courts swiftly threw out lawsuits claiming Trump was the true winner of the state.
New York – Assembly Refuses to Release Records on ‘Drop-In’ Day Care Center
Albany Times Union – Brendan Lyons | Published: 7/19/2023
The New York Assembly will not release its records regarding a childcare center that Speaker Carl Heastie allowed to be set up in a conference room of the Legislative Office Building this year. The large room had been converted to what Heastie called a drop-in center that was used by a handful of Democratic lawmakers who did not pay to have their children care for by staff aides, at times for hours. The space has been used for official purposes through the years ranging from legislative ethics meetings to employee training sessions.
New York – During First Year, State Ethics Watchdog Launched Few Inquiries
Buffalo News – Chris Bragg | Published: 7/16/2023
The Commission on Ethics and Lobbying and Government began only three new investigations and did not bring any enforcement action during its first year. Watchdogs criticized the law creating the new commission, the result of a compromise with a Legislature reluctant to relinquish influence over the panel. While there were significant changes, reform groups argued that because commissioners would still be appointed by top state elected officials, the new body would continue to lack independence.
New York – NYC Campaign Finance Board Demands Transparency from Everyone – but Itself
Gothamist – Brigid Bergin | Published: 7/17/2023
Following a media investigation, the New York City Campaign Finance Board (CFB) acknowledged Executive Director Beth Rotman did not resign voluntarily as the agency publicly announced. Instead, she was asked to step aside following an inquiry by the CFB into concerns about her management. In the two months since announcing Rotman’s departure, internal documents and interviews show the agency, which prides itself on accountability and transparency, is facing an internal integrity issue of its own making related to Rotman’s exit.
New York – Appeals Court Orders New Congressional Lines in New York, a Potential Boon for Democrats
MSN – Michael Hill (Associated Press) | Published: 7/13/2023
A mid-level state appeals court ordered new congressional lines be drawn for New York, a ruling that could benefit Democrats in the 2024 fight for control of the U.S. House. The Appellate Division of the state Supreme Court reversed a lower court and directed a state redistricting commission to start work on new proposed state congressional lines. Democrats are supporting the lawsuit, which seeks to scrap the 2022 lines under which Republicans flipped four congressional seats. Republicans pledged to appeal the case to New York’s highest court.
New York – Judges Deliver Losses to Trump in Two New York Cases
MSN – Shayna Jacobs (Washington Post) | Published: 7/19/2023
Two federal judges handed legal losses to Donald Trump – one rejecting the former president’s bid to move from state to federal court his upcoming criminal trial on charges of falsifying business records, and the other denying a request for a retrial in a civil sexual assault case Trump lost in May. A judge said Trump did not sufficiently prove his alleged involvement in hush money payments to an adult film actress, which stretched into Trump’s presidency, was related to his official role. Another judge rejected Trump’s request for a new trial against E. Jean Carroll or an adjustment of damages a jury awarded in her case.
North Carolina – ‘A Political Force’: How NC prosecutors sway criminal justice bills in General Assembly
MSN – Ames Alexander and Luciana Perez Uribe Guinassi (Charlotte Observer) | Published: 7/17/2023
North Carolina’s elected district attorneys wield great influence with Republican leaders in the General Assembly. Working behind the scenes, prosecutors have lobbied to block criminal justice proposals that would eliminate life sentences for juveniles, take the death penalty off the table for those with severe mental illness, and more. A chief element of their success is the North Carolina Conference of District Attorneys, a state-funded association that vigorously lobbies the Legislature. Many familiar with the group say it has grown more powerful since Chuck Spahos began doing its lobbying work.
Oklahoma – Oklahoma Watchdog Agency’s Executive Director to Leave by End of Year
MSN – Nolan Clay (Oklahoman) | Published: 7/15/2023
The executive director of the Oklahoma Ethics Commission is stepping down. Ashley Kemp plans to leave by the end of the year. In her resignation letter, Kemp repeated her longstanding complaint that the Legislature has refused to adequately fund the commission. Lawmakers only gave the agency $687,950 for the fiscal year that began July 1.
Oregon – Oregon Ethics Panel Dismisses Case Against Former Port Director Over Amazon Data Center Tax Breaks
MSN – Mike Rogoway (Portland Oregonian) | Published: 7/14/2023
The Oregon Government Ethics Commission overruled its staff and dismissed a complaint against Gary Neal, the former director of the Port of Morrow, regarding his role in awarding tax breaks to an Amazon data center. Neal is one of four Morrow County officials who purchased a local company called Windwave Communications. Windwave provides fiber-optic service to Amazon’s data centers in the county. Commissioners were considering whether Neal had failed to disclose a potential conflict-of interest at a meeting about Amazon tax incentives.
Oregon – State Ethics Watchdogs Launch Investigation into Former Secretary of State Shemia Fagan
Oregon Capital Chronicle – Julia Shumway | Published: 7/17/2023
The Oregon Government Ethics Commission launched a full investigation into former Secretary of State Shemia Fagan’s conduct while in office, including her $10,000-per-month consulting job for marijuana entrepreneurs and whether she accurately reported her income and expenses to the state. Fagan resigned following revelations she took a side job for the owners of a troubled cannabis company while her office audited the state agency that regulates the marijuana industry.
Pennsylvania – Allegheny County Council Votes to Limit Role of Outside Money in Local Races
WESA – Julia Zenkevich | Published: 7/12/2023
Allegheny County Council voted to limit coordinated campaign expenditures between PACs and candidates running for county office. The bill offers clearer definitions for coordinated expenditures, in-kind contributions, and other means outside groups use to support a candidate. It also outlines the kinds of communication campaigns can and cannot have with independent expenditure groups.
Rhode Island – R.I. to Terminate Development Contract with Company That Accused State Officials of Inappropriate Behavior
MSN – Alexa Gagosz (Boston Globe) | Published: 7/17/2023
Rhode Island Gov. Dan McKee’s administration is terminating its contract with Scout Ltd., the Philadelphia-based developer that submitted plans to redevelop the Cranston Street Armory. The move comes after a consulting firm hired by the state determined the project would not be “in the financial interest of the state taxpayers” and just months after the developer accused two Rhode Island state officials of inappropriate conduct during a business trip to visit a Scout property in Philadelphia.
Texas – Top Texas Official Not Immune from Discipline in 2020 Election Subversion
Courthouse News Service – Stephen Paulsen | Published: 7/14/2023
In more bad news for the scandal-plagued Texas attorney general’s office, a state appeals court ruled a top official at the office is not immune from discipline over his alleged efforts to subvert the 2020 election. First Assistant Attorney General Brent Webster previously dodged discipline by arguing that as a public official, he was immune from consequences sought by the Commission for Lawyer Discipline, a watchdog committee of the Texas state bar.
Virginia – Coworking Space for Lobbyists Opening in James Center
Richmond BizSense – Charlotte Matherly | Published: 7/19/2023
Inspired by years of working in hotel rooms and hallways, Angie Bezik and Cindy DiFranco are starting Capitol Caucus in Richmond, a coworking space exclusive to lobbyists, advocates, nonprofits, and others who engage with Virginia’s government. Bezik owns Principle Advantage, a government relations firm that she runs with DiFranco, who serves as its government affairs director. They want lobbyists to have a place just for themselves, where they can have private conversations and spend time with others in the industry.
Wyoming – Wyoming Lawmakers Ready to Address Ethics Complaints Procedure in Interim
Wyoming Tribune-Eagle – Jasmine Hall | Published: 7/13/2023
Wyoming lawmakers dipped their toes in the waters of ethics complaints as they began reviewing a portion of the joint rules of the Senate and House. Joint Rule 22-1 has provided means for any person to file a complaint against a lawmaker for misconduct involving legislative duties, such as a violation of the Ethics and Disclosure Act in state statute or “violence or disorderly conduct during legislative meetings, sessions or during the performance of the legislative duties.”
July 14, 2023 •
News You Can Use Digest – July 14, 2023
National/Federal Trump Aide Walt Nauta Pleads Not Guilty in Classified Documents Case MSN – Shayna Jacobs and Devlin Barrett (Washington Post) | Published: 7/6/2023 Donald Trump’s personal aide, Walt Nauta, pleaded not guilty to charges he schemed with the former president to […]
National/Federal
Trump Aide Walt Nauta Pleads Not Guilty in Classified Documents Case
MSN – Shayna Jacobs and Devlin Barrett (Washington Post) | Published: 7/6/2023
Donald Trump’s personal aide, Walt Nauta, pleaded not guilty to charges he schemed with the former president to hide classified documents from authorities at Mar-a-Lago, moving boxes containing top-secret government materials for Trump. Nauta was indicted along with Trump on five criminal charges, including conspiracy to obstruct justice. Nauta was also charged with lying to the FBI.
How Supreme Court Decisions Are Activating a Generation of Young Voters
MSN – Tamia Fowlkes (Washington Post) | Published: 7/9/2023
For many voters under 35 years of age, especially those on the left, the U.S. Supreme Court’s recent rulings have become a political issue in the same way that climate change, gun violence, and immigration have over the course of the past two decades, some political scientists and organizers have said. Democrats and liberals have viewed the court as an institution that historically protects the rights of marginalized groups. But Republican politicians and activists on the right have remade the court: Former President Trump, backed by a GOP Senate, appointed three justices to create a conservative majority.
Buddy Cianci is in the Political Corruption Hall of Shame – Literally
MSN – Edward Fitzpatrick (Boston Globe) | Published: 7/11/2023
He did not make the cut when the Museum of Political Corruption inducted the first five members of its Hall of Shame in 2021, a group that includes former President Richard Nixon and William “Boss: Tweed. But former Providence Mayor Vincent Cianci Jr. did make the second group of inductees in 2022, along with former Vice President Spiro Agnew and former New York City Mayor Jimmy Walker.
DOJ Will No Longer Intervene on Behalf of Trump in Carroll Defamation Suit
MSN – Rachel Weiner (Washington Post) | Published: 7/11/2023
The Justice Department will no longer seek to make the U.S. government the defendants in a lawsuit filed against Donald Trump by a writer who says the former president raped her several decades ago. The decision comes after three years in which the department, under both Republican and Democratic leadership, argued Trump was acting within his presidential duties when he denied sexually assaulting columnist E. Jean Carroll. That determination made Trump, like other federal employees acting in their official capacity, totally immune from any liability.
The Californians Whose Scam PACs Tricked Trump and Clinton Supporters Out of Millions
MSN – Laura Nelson (Los Angeles Times) | Published: 7/9/2023
The FBI, along with consumer groups, have been warning for years of the rise of fraudulent PACs amid surging political spending by independent groups hoping to influence the electoral process. With the 2024 election approaching, including what is expected to be a highly charged presidential election, the climate is primed for another bumper crop of swindlers. Court decisions over the last decade that loosened restrictions on fundraising and led to a surge in independent expenditures in elections have also made it easier for scammers to blend in among the legitimate committees.
Fox News Sued for Defamation by Man Named in Jan. 6 Conspiracy Theories
MSN – Jeremy Barr and Will Sommer (Washington Post) | Published: 7/12/2023
Fox News, which recently settled two separate high-profile legal challenges for approximately $800 million, is now facing a lawsuit from a man who said the network presented him as a “scapegoat” for the insurrection at the U.S. Capitol. Ray Epps attended the pro-Trump rallies in Washington in January 2021 but was not among the people found to have breached the Capitol building and has not been charged for his conduct. In subsequent weeks, then-Fox News host Tucker Carlson highlighted a video clip of Epps outside the Capitol to suggest Epps might have been a government informant, a notion Epps and the FBI have strongly denied.
Inside the GOP Presidential Candidate Gift Card Ploy Turning Campaign Finance Upside Down
MSN – Roger Sollenberger (Daily Beast) | Published: 7/13/2023
The Republican National Committee requires at least 40,000 individual donors as one of its criteria for allowing a candidate on the stage for the first presidential debate in August. North Dakota Dov. Doug Burgum, one of the announced candidates is far from the household name who could gather all those donors. His solution is to give 50,000 campaign donors $20 all-purpose gift cards in exchange for a one-dollar contribution. The strategy could create its own set of problems, according to campaign finance experts who say it may not be legal.
Group Pushing [FEC] on Deepfake Ads Submitting New Petition
MSN – Daniela Altimari (Roll Call) | Published: 7/13/2023
Less than three weeks after the FEC deadlocked on a request to develop regulations governing so-called deepfake political ads generated using artificial intelligence tools, a non-partisan advocacy group pushing for the new rules is trying again. Public Citizen filed a petition to the FEC seeking regulations regarding deliberately misleading campaign communications generated through artificial intelligence.
Where Clarence Thomas Entered an Elite Circle and Opened a Door to the Court
Seattle Times – Abbie VanSickle and Steve Eder (New York Times) | Published: 7/9/2023
After Clarence Thomas joined the U.S. Supreme Court, he was soon accepted by another exclusive club: the Horatio Alger Association of Distinguished Americans. At Horatio Alger, Thomas moved into the inner circle, a cluster of wealthy, largely conservative members who lionized him and all he had achieved. During his Horatio Alger tenure, interviews and documents show Thomas has received benefits from a broad cohort of powerful friends. They include major donors to conservative causes with broad policy and political interests and much at stake in Supreme Court decisions, even if they were not directly involved in the cases.
Vivek Ramaswamy Is Paying Supporters to Find Him Donors
Yahoo News – Natalie Adams (Politico) | Published: 7/10/2023
It now pays to be a supporter of Vivek Ramaswamy’s presidential bid, at least for those who can convince their friends to click a link and donate. The Republican is launching the “Vivek Kitchen Cabinet,” a scheme that promises to pay participants 10 percent of any money they raise for his campaign. The campaign continues to employ three traditional fundraising professionals to generate donations, and the new program will mostly generate new small-dollar gifts.
GOP States Quit the Program That Fights Voter Fraud. Now They’re Scrambling.
Yahoo News – Zach Montellaro (Politico) | Published: 7/9/2023
Over the past year, eight Republican-led states quit a nonpartisan program designed to keep voter rolls accurate and up to date. Top GOP election officials in those states publicly argued the program was mismanaged. But experts say the Electronic Registration Information Center was among the best nationwide tool states had to catch people trying to vote twice in the same election. Now, those Republican-led states who left, and other states who lost access to their data, are scrambling to police so-called double voters ahead of the 2024 presidential election.
Social Media Injunction Unravels Plans to Protect 2024 Elections
Yahoo News – Cat Zakrzewski, Naomi Nix, and Joseph Menn (Washington Post) | Published: 7/8/2023
An injunction that places extraordinary limits on the government’s communications with technology companies undermines initiatives to harden social media firms against election interference, civil rights groups, academics, and tech industry insiders say. After companies and the federal government spent years expanding efforts to combat online falsehoods in the wake of the 2016 election, the ruling is the latest sign of the pendulum swinging in the other direction. Tech companies are facing new election threats as leaps in artificial intelligence give bad actors new tools to create fake videos, photos, and ads.
US Says Missing GOP Whistleblower Is Arms Trafficker, Chinese Agent
Yahoo News – Josh Meyer (USA Today) | Published: 7/10/2023
The Justice Department filed charges against the co-director of a think tank, alleging he acted as an illegal arms broker and unregistered agent for the Beijing government while also seeking to help China obtain Iranian oil in violation of U.S. sanctions. Gal Luft is accused of recruiting and paying a former high-ranking U.S. government official and advisor to then President-elect Trump on behalf of principals based in China without registering as a foreign agent. Luft has accused President Biden’s family members of bribery and received payments from individuals with ties to Chinese military intelligence or energy firms.
Another Trump Legacy: Governor troll wars
Yahoo News – Lisa Kashinsky and Shia Kapos (Politico) | Published: 7/12/2023
Donald Trump changed the playbook when he ushered in both a new era of hyper-partisan politics and vicious personal put-downs. Governors deprived of foils in states with one-party rule are increasingly turning to trolling their ideological opposites in faraway places. As culture wars rage, it can help state executives shore up their home bases and amplify their agendas to a new, national audience. The brief spotlight each high-profile gambit brings is key for eager governors positioning for higher office.
From the States and Municipalities
Alaska – Alaska Ballot Measure Filed to Set Term Limits for State Legislators
Yahoo News – Sean Maguire (Anchorage Daily News) | Published: 7/2/2023
A newly filed ballot measure would set term limits for Alaka lawmakers. Legislators would be restricted to serving a maximum of 12 years consecutively in the state House or Senate, and they then would be required to take a six-year break before serving again. They would also be limited to serving for a lifetime maximum of 20 years as members of the Legislature.
Arizona – Arizona’s ‘Radically Different’ and Hyper-Partisan Legislature
Arizona Mirror – Jerod MacDonald-Evoy | Published: 7/11/2023
The Arizona Legislature has been in session for 184 days with no end in sight. Many Capitol regulars say this session has been more tense, more partisan, and contentious than previous sessions. From a practical standpoint, the shift has transformed how work gets done at the Capitol – or does not get done. Some legislative veterans say they have seen this change coming for years.
California – What Happened to the Big Changes to California Elections?
CalMatters – Sameea Kamal | Published: 7/12/2023
The number of election-related bills introduced in California this legislative session, close to 50, is average, election officials said. But that number has been whittled down since January, and a deadline may narrow the active proposals more. The most sweeping bills got shelved in the Legislature. Instead, lawmakers are focusing on ballot measure language, local redistricting, voting integrity, and campaign finance tweaks before the 2024 election.
California – Ex-San Francisco Utilities Chief Painted as Cunning Manipulator in Corruption Trial
Courthouse News Service – Michael Gennaro | Published: 7/12/2023
In closing arguments, federal prosecutors painted former San Francisco Public Utilities Commission chief Harlan Kelly as a conniving businessperson who misused his authority and connections to rig the bidding process for city contracts. His defense argued Kelly was simply naïve. Kelly stands accused of two separate schemes – collaborating with businessperson Walter Wong to get Wong a city contract to install streetlights, and defrauding Quicken Loans of $1.3 million by lying on a loan application to remodel his home.
California – California Bill That Would Make Google, Meta, Twitter and Apple Pay for News Won’t Move Forward This Year
KCRA – Ashley Zavala | Published: 7/7/2023
A bill in California that would require large tech companies including Google and Facebook to pay news outlets a fee for posting their content has been shelved for the year. The California Journalism Preservation Act is primarily meant to help generate funds for newsrooms across the state. The bill’s author, Assemblyperson Buffy Wicks, said the decision to hold off on moving the measure forward this year was meant to give lawmakers more time to work on what would be a first in the nation law.
California – Ousted Skid Row Receiver Hosted Fundraiser for L.A. City Attorney’s Campaign
MSN – Liam Dillon and Doug Smith (Los Angeles Times) | Published: 7/11/2023
At a March press conference, Los Angeles Mayor Karen Bass and City Attorney Hydee Feldstein Soto announced they found the best person to prevent 1,500 formerly homeless Skid Row tenants from losing their homes once again. The tenants’ nonprofit landlord, Skid Row Housing Trust, had financially collapsed. The pair petitioned a judge to put the trust’s 29 buildings under a receivership led by Mark Adams. Feldstein Soto did not mention that Adams had hosted a fundraiser for her in October, with Adams and his associates contributing at least $8,500 to her election bid.
Colorado – Here’s How Much Lobbyists Spent to Sway Lawmakers During the 2023 Session
MSN – Nick Coltrain (Denver Post) | Published: 7/10/2023
At least $20 million was spent on lobbying during this past legislative session in Colorado, not counting money spent in the lead-up to the General Assembly’s January start date or spending unreported in a state database. It represents a snapshot of how industry and interest groups try to sway lawmakers into supporting, altering, or defeating some of the hundreds of measures considered by lawmakers every year. The secretary of state’s office, which manages the record-keeping for lobbing disclosures, said it found some reporting issues it is seeking to correct.
District of Columbia – Disciplinary Panel Calls for Rudy Giuliani’s Disbarment
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 7/7/2023
A District of Columbia-based bar discipline committee concluded Rudy Giuliani should be disbarred for “frivolous” and “destructive” efforts to derail the 2020 presidential election in support of former President Trump. Giuliani plans to challenge the panel’s findings and recommended sanction in front of a larger bar-discipline board. His ultimate disbarment or other penalty would be decided by the Court of Appeals.
Florida – A Supporter’s Plane Flew from Florida to N.H. DeSantis Won’t Say If He Was on It
MSN – Sally Goldenberg and Gary Fineout (Politico) | Published: 7/7/2023
Florida Gov. Ron DeSantis flew to New Hampshire for a campaign swing that coincided nearly exactly with the path of a private plane connected to a wealthy supporter. Daniel Doyle Jr. owns a plane whose flight path lines up with DeSantis’ July 4 trip to the Granite State. Neither DeSantis’ presidential campaign nor representatives for Doyle would say if the governor was aboard. It is a recurring pattern where DeSantis and the organizations assisting him remain quiet about who is bankrolling his travels and his frequent use of private charter jets.
Florida – Long-Running Ethics Case Against Former Florida Legislator Latvala Nears Dismissal
Yahoo News – Dara Kam (Miami Herald) | Published: 7/11/2023
A state lawyer filed a motion asking the Florida Commission on Ethics to dismiss a complaint against former state Sen. Jack Latvala, more than five years after he resigned from office amid sexual-harassment allegations. The request came after two women critical to the case refused to participate. Latvala left office in 2017 after the release of a special master’s report about allegations he had sexually harassed Rachel Perrin Rogers, a former high-ranking Senate aide. He denied wrongdoing with the aide but admitted he had an extramarital affair with former lobbyist Laura McLeod.
Florida – Billionaire Treated Mayor Suarez to $30K Grand Prix Weekend. Miami Says He’s Paying It Back
Yahoo News – Sarah Blaskey, Tess Riski, and Joey Flechas (Miami Herald) | Published: 7/13/2023
Mayor Francis Suarez watched the Miami Grand Prix from a viewing party as the personal guest of Florida’s wealthiest person, Citadel Chief Executive Officer Ken Griffin. Citadel has lobbyists registered in the city as the company pursues various development projects. Florida ethics laws prohibit elected officials from taking expensive gifts from anyone with business in front of their city. Citadel spokesperson Zia Ahmed said Suarez covered the cost of the events. He refused to say when Suarez paid or how much. Neither Citadel nor the city would provide documentation confirming the payment.
Georgia – New Ethics Ruling Allows Campaign Funds to Pay for Candidates’ Child Care
Georgia Public Broadcasting – Donna Lowry | Published: 7/6/2023
Georgia candidates can now use campaign money they raise for childcare. The funds can also cover care for people who have elderly parents or disabled dependents. In a bipartisan effort, Reps. Stacey Evans and Beth Camp asked the state ethics commission to align Georgia’s campaign regulations with federal rules. In 2018, the FEC ruling expanded to allow elder and dependent care payments.
Georgia – Election Officials Sue Conservative Voting Group Over Refusal to Produce Ballot-Harvesting Evidence
Yahoo News – Kate Brumback (Associated Press) | Published: 7/12/2023
The Georgia State Election Board asked a judge to order a conservative voting organization to produce information to help investigate its claims of ballot trafficking in the state. True the Vote filed complaints with Secretary of State Brad Raffensperger in November 2021, including one saying it had received “a detailed account of coordinated efforts to collect and deposit ballots in drop boxes across metro Atlanta” during the 2020 general election and in a runoff election in January 2021. True the Vote’s assertions were relied upon heavily for the film “2000 Mules,” a widely debunked film by conservative pundit Dinesh D’Souza.
MSN – Ray Long and A.D. Quig (Chicago Tribune) | Published: 7/6/2023
In a historic decision, a federal judge ended the half-century-old anti-patronage case launched to fight the stubborn and unfair use of politics to decide most hiring, firing, and promotion in state and local government in Illinois. The judge granted the request of Democratic Cook County Clerk Karen Yarbrough to eliminate federal oversight of her office even though she had been criticized for politicizing hiring. The clerk’s office is the last of multiple public offices to be relieved of the supervision in the long-running case.
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 7/10/2023
For the first time, federal prosecutors detailed wiretaps capturing Tim Mapes, the indicted former chief of staff to ex-Illinois House Speaker Michael Madigan, discussing issues central to the scandal that rocked state government – from how to handle a burgeoning sexual harassment scandal to Mapes’ ouster from the speaker’s team and his encounter with the FBI. The filing comes as prosecutors are seeking to play many of the recordings at Mapes’ trial on charges he lied to a grand jury investigating Madigan and his relationship with confidant Michael McClain.
Iowa – Iowa Republicans Will Hold 2024 Caucuses on January 15
CNN – Ethan Cohen | Published: 7/8/2023
Iowa Republicans voted to hold their first-in-the-nation caucuses on January 15 next year, setting up the earliest start of the presidential nominating process since 2012. While there are still several moving parts, the schedule for next year’s early 2024 Republican nominating contests before Super Tuesday on March 5 is coming into focus.
Louisiana – How One Baton Rouge Lobbyist Is Harnessing AI
Baton Rouge Business Report – Holly Duchmann | Published: 7/7/2023
Artificial intelligence (AI) is rapidly changing how business owners and workers do their job as different industries experiment to see how the technology can be applied to their fields. Louisiana lobbyist Mary-Patricia Wray says AI tools like ChatGPT allow her to get more work done than in years past. Wray, founder of Top Drawer Strategies, has been testing ways to use AI at her firm. “Old school lobbying is dying,” Wray said. “… A donation is not going to convince a savvy, young legislator to go home and tell their constituents why they voted a certain way.”
Massachusetts – Massachusetts Ethics Commission: Former Methuen police chief violated conflict of interest
MSN – Lance Reynolds (Boston Herald) | Published: 7/6/2023
State ethics officials are continuing to press the former Methuen police chief who resigned in 2021 after a scathing investigative report questioned his handling of contracts that would have sent ranking officers’ pay soaring. The Massachusetts Ethics Commission issued an order to show cause alleging Joseph Solomon violated the conflict-of-interest law by changing a draft collective bargaining agreement to increase his salary and providing unwarranted benefits to five intermittent officers.
New Mexico – County Ethics Board Member Resigns Over Opposition to Year-Old Code Change
Yahoo Finance – Nicholas Gilmore (Santa Fe New Mexican) | Published: 7/10/2023
Santa Fe County officials contacted ethics board members recently and asked them to serve another term. Board member Michael Rosanbalm responded by resigning and released a scathing letter about an updated ethics ordinance. The changes were a milestone for the board, whose role initially seemed uncertain after it was created in response to what would become a years-long corruption case.
New York – 6 Charged in Alleged Straw Donor Scheme to Help Get Eric Adams Elected New York City Mayor
MSN – Jake Offenhartz and Michael Sisak (Associated Press) | Published: 7/7/2023
Six people were charged in an alleged scheme to divert tens of thousands of dollars in public money to New York City Mayor Eric Adams’ campaign months before his election. The indictment does not implicate Adams or other current city employees in the plot. Rather, it describes a straw donor conspiracy orchestrated by people with business before the city who hoped to maximize their donations in exchange for political favors.
Ohio – Under Appeals Court Order, Federal Judge Sentences John Raphael to 6 Months in Prison
MSN – Bill Bush (Columbus Dispatch) | Published: 7/11/2023
John Raphael will serve six months for his conviction on corruption charges after U.S. District Court Judge Michael Watson resentenced him. Watson originally sentenced Raphael to 18 months house arrest with no prison time for his role in a bribery scheme for a food services contract at the Greater Columbus Convention Center. Federal prosecutors appealed Watson’s sentence to the U.S. Sixth Circuit Court, which vacated the sentence and ordered the judge to resentence Raphael.
Ohio – Ohio Speaker Stephens Asks Rep. Bob Young of Green to Resign Amid Domestic Violence Charges
Yahoo News – Doug Livingston (Akron Beacon Journal) | Published: 7/9/2023
Ohio House Speaker Jason Stephens is asking state Rep. Bob Young to resign amid multiple criminal charges, including domestic violence, that allegedly occurred at Young’s residence following a GOP fundraiser. In a criminal affidavit, investigators with the Summit County Sheriff’s Office allege Young struck a female relative with an open hand at his house and, at another residence, rammed a male family member who “did sustain cuts from broken glass.”
Texas – Texas Republicans Divide Over Impeachment of Attorney General Ken Paxton
MSN – Molly Hennessy-Fiske (Washington Post) | Published: 7/7/2023
Divisions rippling through the Texas Republican Party ahead of state Attorney General Ken Paxton’s impeachment trial on September 5 that political strategists say is likely to further divide its members and spur primary challenges next year. The state GOP’s infighting mimics the party’s national dispute, which has pitted traditional conservatives against Donald Trump allies. Paxton is perhaps the most powerful Trump surrogate in Texas.
Utah – Utah Supreme Court Scrutinizes Process That Sliced State’s Most Democrat-Heavy District into 4
Stamford Advocate – Sam Metz (Associated Press) | Published: 7/11/2023
The Utah Supreme Court heard arguments on whether courts should allow the state’s Republican-majority Legislature to carve up Democratic-leaning Salt Lake County into four congressional districts. The debate asks whether state courts can review whether district maps drawn by elected officials violate the state constitution and is the latest battle over how states draw political maps and follows a recent U.S. Supreme Court ruling denying Legislatures absolute power to do so.
Washington – Lynnwood Councilman Tells PDC He Doesn’t Know How to Write Checks to Pay Fines
Lynnwood Times – Mario Lotmore | Published: 7/9/2023
The Washington Public Disclosure Commission (PDC) fined Lynnwood Councilperson Josh Binda $300 for failing to file his Personal Financial Affairs Statement on time. It will be waived if he pays $1,250 in fines from two previous violations. Binda said he did not see any of the nine reminder notices sent to both his personal and city council email accounts. He also said he recently discovered the PDC only accepts payments for fines in check form. “I have never written a check … before …,” Binda told the PDC. “… The whole checking process is fairly new to me …. I usually do electronic [payments].”
Washington – Complaint Pushes for WA AG Ferguson to Reveal Donors of $1.2M in Campaign Transfers
Seattle Times – Jerry Cornfield (Washington State Standard) | Published: 7/10/2023
Washington Attorney General Bob Ferguson is facing further scrutiny over his shifting of $1.2 million in contributions from past campaigns into the account for his 2024 bid for governor. A complaint contends the individual donors of those contributions must be identified and their past donations, originally for Ferguson’s re-election and now considered “surplus” funds, should count toward contribution limits in his campaign for governor. A second complaint continues to be investigated. Both raise the question of whether Ferguson must abide by recent Public Disclosure Commission actions to require greater disclosure of the source of surplus funds.
July 7, 2023 •
News You Can Use Digest – July 7, 2023
National/Federal ‘I Get My Butt Kicked Every 20 Minutes’: Life in a state legislature’s superminority MSN – Liz Crampton (Politico) | Published: 6/29/2023 There are 29 supermajorities in state Legislatures controlled by either Democrats or Republicans, up from 21 in 2019. In […]
National/Federal
‘I Get My Butt Kicked Every 20 Minutes’: Life in a state legislature’s superminority
MSN – Liz Crampton (Politico) | Published: 6/29/2023
There are 29 supermajorities in state Legislatures controlled by either Democrats or Republicans, up from 21 in 2019. In addition, there are 51 House or Senate chambers where the minority party makes up fewer than one third of seats. The result is a shrinking minority voice drowned out by a dominant majority that can stomp out any sliver of opposition. While lawmakers said most day-to-day dealings between the parties tend to be peaceful, sometimes tensions between the supermajority and superminority can build to high-profile stunts fueled by pent-up hostility.
Judge Blocks U.S. Officials from Tech Contacts in First Amendment Case
MSN – Cat Zakrzewski (Washington Post) | Published: 7/4/2023
A federal judge in Louisiana restricted the Biden administration from communicating with social media platforms about broad swaths of content online in an ongoing case that could have significant effects on the First Amendment. The injunction came in response to a lawsuit brought by Republican attorneys general in Louisiana and Missouri, who allege government officials went too far in their efforts to encourage social media companies to address posts they worried could contribute to vaccine hesitancy during the pandemic or upend elections.
House Republicans Scared to Lose Majority Push Back on Extreme Agenda
MSN – Marianna Sotomayor and Leigh Ann Caldwell (Washington Post) | Published: 7/2/2023
The U.S. House’s focus on the far-right’s demands over the past month has irritated Republicans who represent swing districts or are worried an extreme legislative agenda will push voters away and hand the majority to Democrats in 2024. So they are learning to flex their procedural muscles, largely behind the scenes, to keep some proposals they see as most damaging off the House floor.
Investigation of Trump Documents Case Continues After His Indictment
Seattle Times – Alan Feuer and Maggie Haberman (New York Times) | Published: 6/29/2023
Weeks after Donald Trump was indicted on charges of illegally retaining national security records and obstructing the government’s efforts to reclaim them, a federal grand jury in Miami is still investigating aspects of the case. In recent days, the grand jury has issued subpoenas to a handful of people who are connected to the inquiry. While it remains unclear who received the subpoenas and the kind of information prosecutors were seeking to obtain, it is clear the grand jury has stayed active and investigators are digging even after an indictment was issued against Trump and a co-defendant, Walt Nauta.
From the States and Municipalities
Canada – Progress Vancouver Barred from 2026 Election Over Campaign Finance Violations
Global News – Canadian Press | Published: 7/4/2023
Elections BC banned political organizer Mark Marissen and other Progress Vancouver candidates from running in the next round of local elections after it deregistered their party for breaking campaign finance rules. The party’s disclosure reports revealed an “impermissible” $50,000 loan, improperly recorded contributions, donations from outside British Columbia, and contributions that exceeded legal limits, Elections BC said.
Alabama – What Are the ‘Pork’ Handouts at the Center of a Birmingham Corruption Case?
MSN – Hannah Denham and Joseph Bryant (AL.com) | Published: 7/5/2023
Elected officials pose with giant checks, shake hands with constituents, and smile for the cameras as they hand out public money to schools, police departments, and nonprofits in Birmingham and Jefferson County. Now the source of those grants has come under scrutiny after a federal court case a kickback scheme involving two Alabama Lawmakers, a legislative aide, and a youth baseball league, which prosecutors say resulted in the misuse of thousands of public dollars spent on personal credit card bills and a mortgage instead of its intended community service.
Alaska – Complaint Alleges Opponents of Alaska’s Ranked Choice Voting Formed Church to Skirt Disclosure Laws
Anchorage Daily News – Iris Samuels | Published: 7/6/2023
The group that championed Alaska’s ranked-choice voting reform filed a complaint against several individuals and entities that are leading an effort to repeal the new election laws, alleging they violated multiple campaign finance rules and obscured the source of their funding in the process. The complaint alleges opponents of ranked-choice voting founded a church called the Ranked Choice Education Association that could have allowed donors to gain tax advantages for their contributions while skirting disclosure requirements.
Arizona – Trump Pressured Arizona Gov. Doug Ducey to Overturn 2020 Election
MSN – Leigh Ann Caldwell, Josh Dawsey, and Yvonne Wingett Sanchez (Washington Post) | Published: 7/1/2023
In a phone call in late 2020, then-President Trump tried to pressure Arizona Gov. Doug Ducey to overturn the state’s presidential election results, saying if enough fraudulent votes could be found it would overcome Trump’s narrow loss in the state. Trump also repeatedly asked former Vice President Mike Pence to call Ducey and prod him to find the evidence to substantiate Trump’s claims of fraud. Pence called Ducey several times to discuss the election, they said, though he did not follow Trump’s directions to pressure the governor.
California – Should Facebook and Google Pay Local News Outlets for Their Content? AB 886 Would Require It
MSN – Andrew Sheeler (Sacramento Bee) | Published: 7/5/2023
If supporters of Assembly Bill 886 – the California Journalism Preservation Act – prevail, Google and Meta will have to compensate local news publishers for linking to or displaying their work, paying potentially hundreds of millions of dollars to news outlets. California is on the cutting edge of a larger movement to hold social media companies financially accountable for the news they use.
Connecticut – CT Bans Utilities from Billing Customers for Lobbying Efforts
Connecticut Mirror – Akielly Hu (Grist) | Published: 7/4/2023
Connecticut Gov. Ned Lamont signed a bill into law that prohibits the state’s investor-owned utilities from charging customers for lobbying expenses and other efforts to sway political outcomes. The law bans utilities from charging customers for trade association dues, donations to political advocacy nonprofits that seek to influence elections, public relations expenses, and fees for consultants and lawyers hired by utilities to argue for rate increases.
Florida – Federal Judge Halts New Florida Law He Calls ‘Latest Assault’ on Voting
MSN – Gary Fineout (Politico) | Published: 7/3/2023
U.S. Chief District Court Judge Mark Walker blocked a new election law pushed by Republicans that puts restrictions on voter registration groups, calling it “Florida’s latest assault on the right to vote.” Walker granted a preliminary injunction against the law days after it went into effect. Walker has repeatedly ruled against the state in past legal challenges to election measures put in place by the GOP-controlled Legislature.
Florida – Mayor Francis Suarez Worked to Draft New Law with Developer Who Later Paid Him $170K
MSN – Joey Flechas, Sarah Blaskey, and Tess Riski (Miami Herald) | Published: 6/30/2023
Miami Mayor Francis Suarez and his city staff joined forces with developer Rishi Kapoor to draft a new city law the developer saw as vital for his $70 million real estate project in Coconut Grove Kapoor later paid Suarez at least $170,000 for consulting for the developer in regular $10,000 increments dating back to at least 2021. The mayor’s financial deal with the developer is currently under federal investigation. Newly obtained emails reveal how the relationship between Kapoor and the mayor’s office began years before the aide made a call to the city’s zoning director, who ultimately overrode a code requirement.
Georgia – Attorney Who Challenged Trump’s 2020 Loss Gives Up Law License as States Weigh Disciplining Him
Yahoo News – Meg Kinnard (Associated Press) | Published: 7/5/2023
Attorney Lin Wood, who filed legal challenges seeking to overturn Donald Trump’s 2020 election loss, is relinquishing his law license, electing to retire from practicing rather than face possible disbarment. Multiple states have weighed disciplining him for pushing false claims he defeated Joe Biden. Wood asked officials in his home state of Georgia to “retire” his law license in light of “disciplinary proceedings pending against me.”
Indiana – Lax Ethics Rules Could Create Conflicts of Interest for Lawmakers
Indiana Environmental Reporter – Sade Ajishegiri, Sophie Kaelble, Nic Napier, Lily Staatz, Jasmine Wright, and Lizzie Wright (Arnolt Center for Investigative Journalism) | Published: 6/30/2023
Indiana Lawmakers must file statements of economic interest at the start of each legislative session. Their employers, businesses they own or have stakes in, lobbyists they have relationships with, and government agencies they are affiliated with are all disclosed in the filings. Despite the legal requirement for disclosure, little in state law precludes legislators from pushing bills tied to their economic interests.
Michigan – Redistricting Commission Member’s New Job Raises Ethics Questions
WKAR – Rick Pluta | Published: 7/2/2023
The Michigan Independent Citizens Redistricting Commission ended its map drawing more than a year ago. But member Anthony Eid’s new leadership role within an advocacy group is raising questions about a possible conflict-of-interest. Michigan Voices announced Eid would be taking over as the group’s deputy director. The Detroit News noted text on the Michigan Voices website bragging about its work when it came to redistricting.
Minnesota – Minnesota Chamber Sues Over Campaign Disclosure Law
Minnesota Public Radio – Dana Ferguson | Published: 7/3/2023
The Minnesota Chamber of Commerce is suing over a new law set to take effect next year, alleging it would chill businesses’ free speech if allowed to take effect. The organization took issue with provisions in a broader election law that bar companies with foreign influenced ownership from making political contributions. Under the law, companies would face legal penalties if they make independent expenditures or contribute to ballot question committees and have foreign ownership thresholds that meet or exceed state limits.
Mississippi – Secretary of State’s Office Disables Online Campaign Finance Reporting Portal
Magnolia Tribune – Sarah Ulmer | Published: 7/3/2023
The Mississippi Secretary of State’s office announced the online campaign finance filing system is being disabled due to concerns over reliability. The next deadline to file campaign finance reports is July 10. Candidates and political committees must now file via email, mail, or fax, or in person.
Missouri – Former Missouri Legislators Keep Control of Leftover Campaign Funds
Missouri Independent – Erik Galicia | Published: 6/30/2023
Despite voters’ attempts to tighten Missouri’s campaign finance laws, many former state legislators keep control of tens of thousands of campaign dollars without running for public office again. A review of hundreds of former lawmakers’ campaign finance reports shows some of them drew from their candidate committees to spend on campaigns that never happened. They bought computers, reimbursed themselves and their relatives without specifying the expenses, and paid rent for their offices.
Nevada – Nevada Democrats Want to See List of Governor’s ‘Dark-Money’ Inaugural Donors
Las Vegas Sun – Casey Harrison | Published: 7/2/2023
The Nevada Democratic Party is requesting records from Gov. Joe Lombardo’s office after he vetoed a bill that would have required the disclosure of donors from the nonprofit that organized his post-election inauguration events. Party officials claim Lombardo’s camp established the nonprofit to prevent disclosing who contributed to the fund and how much. If the fund was established as part of a PAC, donors would be disclosed.
Nevada – How A’s Stadium Advocates Avoided Registering as Lobbyists
Nevada Current – Dana Gentry | Published: 7/6/2023
Consultant Jeremy Aguero and the Las Vegas Convention and Visitors Authority’s Steve Hill advocated for $380 million in public funding for a new stadium without registering as lobbyists for the Oakland A’s. The team signed a commitment to move to Las Vegas and play in the stadium for 30 years. Among the many effects of COVID-19 was the inability of lobbyists to register for two special sessions in 2020 and the beginning of the regular session in 2021 when the legislative building was closed to the public.
New Mexico – Ex-Director of Exploited Kirtland-Based Program Sentenced to Pay $1.2M in Restitution in Fraud Case
Albuquerque Journal – Colleen Heild | Published: 6/28/2023
Milton Boutte, who is supposed to start serving his prison term later this summer, asked to remain free during his appeal of the conviction to the 10th Circuit Court of Appeals. Boutte was described as the “architect” of a scheme that siphoned money from sole source federal contracts to benefit the Big Crow Program Office and its lobbyists. Three others indicted in the case have pleaded guilty.
New York – In New York Senate, Lawmakers Change Their Votes, Sometimes Days Later
Buffalo News – Chris Bragg | Published: 7/4/2023
During its final legislative session day this year on June 9, the state Senate voted to pass a bill allowing New York Gov. Kathy Hochul to enter a new gaming compact with the Seneca Nation. Later that day, word leaked that the Hochul administration’s deal with the Nation included allowing a secretly negotiated new casino in the Rochester area. As that information spread, opposition quickly emerged from Rochester lawmakers. So, the results of the already-cast vote were altered.
Ohio – Republican Lobbyist Matt Borges Sentenced to 5 Years Prison for Role in Bribery Scandal
MSN – Adam Ferrise (Cleveland Plain Dealer) | Published: 6/30/2023
Former Ohio Republican Party Chairperson Matt Borges was sentenced to five years in prison in connection with the Larry Householder-led political corruption scandal that engulfed state politics for years. Borges worked as a lobbyist for FirstEnergy Solutions and alongside Householder, the former House speaker who is now a federal prisoner, to scuttle opposition to a law that gave FirstEnergy a $1 billion bailout for two nuclear power plants owned by a subsidiary of the utility in exchange for $60 million in bribes.
Ohio – Why Haven’t Ohio Lawmakers Passed Any Ethics Reforms Since Larry Householder’s Arrest?
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 7/1/2023
Former Ohio House Speaker Larry Householder was sentenced to twenty years in prison for accepting more than $60 million in bribes from utility company FirstEnergy, then hiding it through a web of groups to secure the passage of energy-related law, as well as help himself. As a judge read Householder’s sentence, “dark money” groups continued to operate in Ohio without any more restrictions or transparency rules than when Householder accepted the bribe money. Lawmakers and lobbyists do not have to disclose anything more than what Householder and his co-defendants had to. There is little sign that lawmakers will reform the ethics law.
Ohio – Abortion Rights Likely Headed for Showdown in Ohio This Fall
MSN – Madison Fernandez (Politico) | Published: 7/5/2023
Ohio is poised to become the latest battleground over abortion after advocates submitted more than enough signatures to get an abortion rights initiative on the ballot this fall. A coalition submitted more than 700,000 signatures for a ballot measure that would codify the right to an abortion in the state constitution. The submission sets up a crucial test of the potency of abortion as a political issue ahead of 2024, with vulnerable Democrats in the House and Senate attempting to cling to their seats in an increasingly red state.
Texas – Ethics Review Commission OKs Pandemic-Era Changes to Lobbying Ordinance
Austin Monitor – Nina Hernandez | Published: 7/5/2023
The Ethics Review Commission voted to recommend changes to Austin’s lobbying rules. The rules ensure phone calls and video conferences are properly recorded as appearances before a city official. City Auditor Corrie Stokes said her office found the city does not currently have any way of capturing or logging virtual meetings. Since the pandemic, many meetings between lobbyists, city council members, and other city employees have been virtual. “So, the first provision will show we’re just adding that, yes, if you have a meeting virtually, it still counts as a meeting,” Stokes said.
Virginia – Virginia Sheriff, 3 Businessmen, Indicted on Federal Bribery Charges
MSN – Denise Lavoie (Associated Press) | Published: 6/30/2023
Culpeper County Sheriff Scott Jenkins was indicted on federal corruption charges for allegedly handing out auxiliary deputy sheriff’s appointments in exchange for cash bribes and large donations to his reelection campaign. First elected sheriff in 2011, Jenkins is accused of soliciting and accepting bribes totaling at least $72,500 from the three indicted businesspeople and at least five others, including two FBI undercover agents during his 2019 reelection campaign.
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