October 21, 2022 •
News You Can Use Digest – October 21, 2022
National/Federal Activists Push for Disclosure of Clients and Income of Judges’ Spouses MSN – Hailey Fuchs (Politico) | Published: 10/20/2022 A coalition of judicial advocacy and watchdog groups are calling on Congress to establish greater disclosure requirements for the spouses of […]
National/Federal
Activists Push for Disclosure of Clients and Income of Judges’ Spouses
MSN – Hailey Fuchs (Politico) | Published: 10/20/2022
A coalition of judicial advocacy and watchdog groups are calling on Congress to establish greater disclosure requirements for the spouses of federal judges. In a letter sent to lawmakers on Capitol Hill, the groups cite a Politico report on potential conflicts posed by the professional work of Supreme Court justice’s spouses and the inadequacy of disclosures around that work. The coalition maintains the “concerns are no doubt more acute” among the hundreds of circuit and district court judges. They also point to the spouses of four justices on the Supreme Court whose work remains opaque yet may intersect with cases before the court.
As Campaign Norms Erode, Even Debates Are Under Debate
DNyuz – Lisa Lerer and Jazmine Ulloa (New York Times) | Published: 10/19/2022
In midterm campaigns across the country, direct political engagement has been falling away, victim to security concerns, pandemic-era restrictions, and Republican hostility to the mainstream media. Many candidates are sticking instead to safer spaces: partisan news outlets, fundraisers with supporters, friendly local crowds. The result is a profound shift in the long traditions of American campaigns that is both a symptom of and a contributor to the ills afflicting the country’s politics.
Big Tech Accused of Shady Lobbying in EU Parliament
Politico – Clothilde Goujard | Published: 10/14/2022
Google, Meta, and Amazon have deceived lawmakers by lobbying through smaller front organizations, leading lawmakers claimed. They asked for an investigation into the tech companies, as well as large lobbying groups including trade association the Computer & Communications Industry Association and advertisers’ group IAB Europe. Three other lobbies representing small and medium-sized companies are also targeted by the complaints. The lawmakers say the companies deceived European lawmakers during negotiations on two landmark laws by hiding behind fronts.
Congressional Ethics Watchdog Calls for Ethics Investigation into Kahele
Honolulu Civil Beat – Nick Grube | Published: 10/14/2022
The Office of Congressional Ethics called for an official inquiry into U.S. Rep. Kai Kahele. He came under scrutiny earlier in the year after a media investigation into his proxy voting record that found he had asked colleagues to vote on his behalf more than almost any other member of Congress at the same time he was laying the groundwork for a gubernatorial campaign in Hawaii. The story led to more questions about Kahele’s part-time job as a pilot for Hawaiian Airlines and work he was doing on the House Transportation and Armed Services Committees.
DOJ Asks Appeals Court to End Outside Review of Trump Mar-a-Lago Documents
MSN – Josh Gerstein and Kyle Cheney (Politico) | Published: 10/14/2022
An outside review of documents the FBI seized from Donald Trump’s Mar-a-Lago estate should be halted because it interferes with prosecutors’ authority and is legally unjustified, the Justice Department said in a filing with a federal appeals court. Prosecutors said Aileen Cannon, the judge who ordered the “special master” review at Trump’s request, erred in her ruling because there was no indication of malfeasance or infringement of Trump’s rights in connection with the search a magistrate judge ordered.
High Court Rejects Trump Plea to Step into Mar-a-Lago Case
MSN – Mark Sherman and Jessica Gresko (Associated Press) | Published: 10/13/2022
The U.S. Supreme Court rejected former President Trump’s plea to step into the legal fight over the FBI search of his Florida estate. The justices did not otherwise comment in turning away Trump’s emergency appeal. Trump had pressed the court on an issue relating to classified documents seized in the search. The move appears to greatly reduce the potential impact of the special master process to the ongoing Justice Department criminal investigation into the classified documents.
House Jan. 6 Committee Votes to Subpoena Trump in Finale Surprise
MSN – Rosalind Helderman, Jacqueline Alemany, and Tom Hamburger (Washington Post) | Published: 10/13/2022
The House committee investigating the attack on the U.S. Capitol issued a subpoena seeking testimony from former President Trump, a challenge with little historical precedent. Combining a mix of new evidence gathered by the committee since July and testimony played at previous sessions, members have said the violence was the direct and predictable result of Trump’s choices in the weeks after he lost his bid for reelection. Even after interviews with more than 1,000 witnesses and reviews of hundreds of thousands of documents, U.S. Rep. Liz Cheney said their work is incomplete without hearing answers from “January 6th’s central player.”
Investors Resist Efforts to Paint ESG as a Political Issue
MSN – Ellen Meyers (Roll Call) | Published: 10/20/2022
Institutional investment firms and activist asset managers are amplifying their message to congressional and state lawmakers: stop equating environmental, social, and governance (ESG) investing with a political agenda. Investors of all sizes are doubling down on the importance of ESG considerations ahead of midterm elections. At stake is a growing body of legislation and regulations in states such as Texas, Oklahoma and Louisiana aimed at curbing ESG investment and, in some cases, divesting from certain financial institutions over investment policies that incorporate ESG factors such as climate risk and human capital management.
Judge Bucks Trump, Orders Pence Aide to Testify to Jan. 6 Grand Jury
MSN – Spencer Hsu, Josh Dawsey, and Jacqueline Alemany (Washington Post) | Published: 10/14/2022
A top aide to former Vice President Mike Pence returned before a grand jury to testify in a criminal probe of efforts to overturn the 2020 election after federal courts overruled ex-President Trump’s objections to the testimony. In a decision that could clear the way for other top Trump White House officials to answer questions before a grand jury, Chief U.S. District Court Judge Beryl Howell ruled that former Pence chief of staff Marc Short probably possessed information important to the Justice Department’s criminal investigation of the insurrection that was not available from other sources.
Judge: Trump signed court document that knowingly included false voter fraud stats
MSN – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/19/2022
Former President Trump signed legal documents describing evidence of election fraud he knew were false, a federal judge indicated. U.S. District Court Judge David Carter wrote in an 18-page opinion that emails from attorney John Eastman, an architect of Trump’s last-ditch effort to subvert the 2020 election, needed to be turned over to the Jan. 6 select committee. Those emails, Carter wrote, “show that President Trump knew that the specific numbers of voter fraud were wrong but continued to tout those numbers, both in court and to the public.”
Newspapers with a Partisan Aim Filling the Void of Traditional Media
MSN – Michael Scherer (Washington Post) | Published: 10/15/2022
As local newspapers collapsed amid a rise in online advertising competition, niche news products with private funding sources have sprouted to fill the void. Some function as a sort of direct mail persuasion piece, while others republish content on hundreds of websites with local names like the Fond Du Lac Times in Wisconsin. Other experiments have sought to build actual newsrooms in key swing states to attract audiences to more ideological views. Many worry the newcomers deceive readers, undermine the reputations of existing journalistic brands, and fail, in some cases, to meet even the basic standards of the profession.
Retired U.S. Brass Cash in with Saudis, Other Repressive Governments
MSN – Craig Whitlock and Nate Jones (Washington Post) | Published: 10/18/2022
Foreign governments have long advanced their interests in Washington by paying Americans as lobbyists, lawyers, political consultants, and public relations advisers. But the hiring of retired U.S. military personnel for their expertise and political clout has accelerated over the past decade as Persian Gulf monarchies have splurged on defense spending and strengthened their security partnerships with the Pentagon. For years, the U.S. government withheld virtually all information about the practice. The Washington Post found many military retirees take foreign jobs or gifts without notifying the U.S. government.
Sidley Austin Reveals Work for Chinese Surveillance Firm Under Foreign Agents Law
Reuters – Mike Scarcella | Published: 10/18/2022
The law firm Sidley Austin disclosed its lobbying work for the U.S. subsidiary of Chinese video surveillance company Hikvision under the Foreign Agents Registration Act, revealing about $7.4 million in fees since 2018. The firm said its registration for Hikvision USA was done “solely in response to a request” from the U.S. Justice Department. The firm had earlier reported its lobbying through the Lobbying Disclosure Act in 2018 after it was retained then by Hikvision.
Some Republicans Want to Count Votes by Hand. Bad Idea, Experts Say.
DNyuz – Maggie Astor (New York Times) | Published: 10/18/2022
Over the past two years, Republicans have pursued an array of changes to how Americans vote. The past few weeks have drawn attention to a particularly drastic idea: counting all ballots by hand. Experts in election administration said while hand counting is an important tool for recounts and audits, tallying entire elections by hand in any but the smallest jurisdictions would cause chaos and make results less accurate, not more.
Staffers in Rep. Andy Levin’s Office Sign First Union Contract
MSN – Jim Saska (Roll Call) | Published: 10/17/2022
Courtney Laudick and about a dozen other staff members on Capitol Hill organized the Congressional Workers Union earlier this year. Laudick’s boss, U.S. Rep. Andy Levin, sponsored a resolution to allow House staff to unionize, without knowing Laudick was involved in the effort. The resolution was slipped into a rule for supplemental Ukrainian aid funding and passed. Levin and his aides took another historic step recently, agreeing to a tentative contract that raises the average wage for his junior staff to $76,000 and provides all members of the bargaining unit with a $10,000 salary increase.
Steele Dossier Source Acquitted, in Loss for Special Counsel Durham
MSN – Salvador Rizzo, Rachel Weiner, and Perry Stein (Washington Post) | Published: 10/18/2022
A jury found Igor Danchenko, a private researcher who was a primary source for a 2016 dossier of allegations about former President Trump’s ties to Russia, not guilty of lying to the FBI about where he got his information. The verdict is another blow for special counsel John Durham, who has now lost both cases that have gone to trial as part of his investigation. Durham is sure to face renewed pressure to wrap up his work following the verdict.
Ted Cruz Reimbursed Himself $555,000 After Successfully Challenging a Political Spending Law at the Supreme Court
MSN – Bryan Metzger (Business Insider) | Published: 10/17/2022
U.S. Sen. Ted Cruz’s campaign has paid him $555,000 to cover personal loans to his Senate committee. The 2002 Bipartisan Campaign Reform Act set a $250,000 limit on the amount of money that candidates could raise after the election for the purpose of paying off personal loans to their campaign committee. The Supreme Court ruled the limit was unconstitutional. That is despite concerns not just from good-government groups that argued lifting the cap could fuel corruption by allowing campaign donors to essentially pay candidates directly by contributing to the repayment of their personal loans.
Canada
Canada – How a Controversy Over GMOs Exposed Holes in Canada’s Lobbying Laws
National Observer – Marc Fawcett-Atkinsion | Published: 10/17/2022
A controversy over an industry lobbyist’s input into draft guidelines for genetically modified organisms exposed loopholes in Canada’s lobbying laws, experts say. Jennifer Hubert, the executive director of plant bioengineering at CropLife Canada appears to have written an early draft of proposed guidelines for the Canada Food Inspection Agency that would exempt seed companies from disclosing genetically modified products to consumers. These kinds of collaborations happen regularly but typically go unseen thanks to Canada’s lax lobbying rules, said Duff Conacher, the co-founder of Democracy Watch.
From the States and Municipalities
Alaska – Groups Say Pro-Dunleavy Organization Is ‘Smoke and Mirrors’ After Commission Delays Decision on Campaign-Finance Complaint
Yahoo News – Iris Samuels (Anchorage Daily News) | Published: 10/18/2022
Two watchdog groups filed another complaint against the Republican Governors Association and an independent expenditure group supporting Alaska Gov. Mike Dunleavy’s re-election. The complaint was filed on the same day that the Alaska Public Offices Commission decided its staff would continue to investigate a previous complaint from the groups alleging Dunleavy’s campaign illegally relied on public funds to subsidize the campaign and coordinated with the independent expenditure group, A Stronger Alaska, ahead of the general election.
California – Councilmember Koretz Seemingly Engages in Illegal Lobbying Scheme with Former Employee
Knock LA – Jon Pelz | Published: 10/12/2022
In 2017, Shawn Bayliss, a former senior employee of Los Angeles City Councilperson Paul Koretz, lobbied Koretz for favors while seemingly prohibited from doing so by city ethics laws. Koretz potentially violated the City Charter when he aided and abetted Bayliss in these apparently illegal lobbying activities. Bayliss left Koretz’s office on May 12, 2017. On the same day, the Bel Air Association (BAA) announced Bayliss as its new executive director. He reached out to Koretz’s private email in June 2017 from his BAA email.
California – Gil Cedillo and Kevin de León Stripped of City Council Committee Posts Over Racist Leak
MSN – David Zahniser and Rachel Uranga (Los Angeles Times) | Published: 10/17/2022
Los Angeles City Council members Kevin de León and Gil Cedillo were removed from an array of committee assignments, the latest in a series of attempts to pressure them to resign following reports they participated in a secretly recorded conversation where racist and disparaging remarks were made. Cedillo and De León have not been persuaded by calls from numerous political leaders, including President Biden, to step down. The move comes at an extraordinarily turbulent time for the council, with one seat vacant and two others effectively dormant.
California – LA Council Members Call for Ethics Commission to Have Greater Independence
KFI – City News Service | Published: 10/19/2022
Half of the Los Angeles City Council signed onto a motion calling to make the city’s Ethics Commission more independent and streamline and expand its enforcement processes. The council members recommended a number of changes, which would have to be approved by voters because they would require changes to the city charter.
California – New Details Show Sprawling Web of Corruption in Southern California Cannabis Licensing
MSN – Adam Elmahrek, Ruben Vives, Robert Lopez, and Paige St. John (Los Angeles Times) | Published: 10/15/2022
As a California lawmaker called for a statewide task force to crack down on corruption in the legal cannabis market, new details are emerging in a bribery scandal that has ensnared local government officials in the Los Angeles area. Federal prosecutors unveiled two plea agreements that detail “pay-to-play” schemes involving cannabis business licensing and corroborate allegations in a recent Los Angeles Times investigation that examined how legalization of marijuana unleashed a wave of corruption across the state.
California – San Jose Mayor Cleared of Fundraising Complaint
San Jose Spotlight – Tran Nguyen | Published: 10/14/2022
A citizen-led city board dismissed a complaint accusing San Jose Mayor Sam Liccardo of breaking campaign finance rules through a PAC he formed. The complaint also claimed Liccardo failed to disclose hundreds of thousands of dollars in contributions as required and that donations exceeded local limits. The law firm Hanson Bridgett investigated the case and recommended the board dismiss the allegations.
California – Watchdog Investigating 2019 China Trip Made by Top Milpitas Mayor Candidate
MSN – Gabriel Greschler (Bay Area News Group) | Published: 10/16/2022
The California Fair Political Practices Commission opened an investigation against the top contender in the Milpitas mayoral race over a trip she took to China in 2019. The probe centers around a $3,600 gift that Vice Mayor Carmen Montano accepted during the trip and later reported to state authorities. The complaint alleges Montano violated travel policies and rules surrounding lobbying.
Florida – Top DeSantis Advisers Played Hands-On Role in Migrant Flights to Martha’s Vineyard
MSN – Jeffrey Schweers (Orlando Sentinel) | Published: 10/15/2022
Florida’s public safety czar Larry Keefe was in San Antonio nearly two weeks before Gov. Ron DeSantis transported migrants from Texas to Martha’s Vineyard, and he may have traveled back to Florida with the migrants, records suggest. Those records also show Keefe coordinating the flights with gubernatorial chief of staff James Uthmeier and politically connected contractor Vertol Systems in the weeks leading up to the operation, which is under criminal investigation. The records also confirm a second flight that apparently was headed to near President Joe Biden’s beach house was scrapped after Texas authorities opened a criminal investigation.
Hawaii – Ban On In-Session Campaign Donations Gets Thumbs Up from Hawaii Standards Commission
Honolulu Civil Beat – Blaze Lovell | Published: 10/19/2022
The Commission to Improve Standards of Conduct is recommending that Hawaii lawmakers stop accepting campaign money during the legislative session. A bill to do that along with nine other measures focused on reforming campaign finance laws will head to lawmakers for consideration during the 2023 session. The commission is scheduled to take up another slate of proposals that seeks to tighten ethics rules for lawmakers and lobbyists.
Illinois – A Powerful Pritzker Administration Insider Cashed in as a Consultant
Better Government Association – Chuck Neubauer and David Jackson | Published: 10/19/2022
Shortly after she left her state job as a senior adviser to Illinois Gov. J.B. Pritzker, political operative Nikki Budzinski collected more than $500,000 in consulting and other fees in 10 months, including more than $80,000 from a Springfield lobbyist that Budzinski helped while working for the governor. State workers are generally barred from accepting compensation as a lobbyist for one year after leaving government work. Since Budzinski was not a registered lobbyist, but rather worked as a consultant to the lobbyist paying her, the rule did not apply to her.
Illinois – Ahead of Key Illinois Supreme Court Elections, Federal Judge Blocks State Campaign Contribution Limits in Judicial Races
MSN – Dan Petrella (Chicago Tribune) | Published: 10/18/2022
A federal judge issued a temporary injunction barring Illinois from enforcing two recent changes to the state’s campaign finance law. One bars non-Illinois residents from donating to state judicial candidates. The second prevents individual donors from giving more than $500,000 to independent expenditure committees like super PACs involved in state judicial elections. While there is some legal precedent for tighter restrictions on campaign fundraising in judicial races, the lawsuit argues the two Illinois laws go beyond what courts have allowed in the name of preventing corruption.
Illinois – AT&T Illinois Fined for Effort to Illegally Influence Ex-Speaker Michael Madigan as New Charges Against Him Revealed
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 10/14/2022
AT&T Illinois agreed to pay a $23 million fine and its former president has been indicted on federal charges over a scheme to influence former Illinois House Speaker Michael Madigan, who was arrested on racketeering and bribery charges earlier this year. AT&T admitted it arranged to make payments to an associate of Madigan in exchange for help in pushing through legislation favorable to AT&T. Paul La Schiazza, the former president of AT&T Illinois, was accused of orchestrating and approving the payments. In exchange for cooperating with the probe, criminal charges will be dropped against the company after two years.
Louisiana – See Lafayette Mayor Josh Guillory’s 2021 Financial Disclosure for Louisiana Ethics Board
Yahoo News – Andrew Capps (Lafayette Daily Advertiser) | Published: 10/17/2022
Lafayette Mayor-President Josh Guillory’s most recent annual financial disclosure was supposed to shed light on his efforts to bolster his income while in office. But the report raises more questions about his side interests than it answers. Guillory’s equipment rental business made headlines shortly before his return from rehab in August, after which he denied any impropriety or conflicts-of-interest. Guillory has continued to work as an attorney since taking office. Dozens of Guillory’s former clients had their criminal charges removed from court records during his tenure.
Michigan – Michigan House Paying for Lawyers for Employees Interviewed in Chatfield Probe
Detroit News – Craig Mauger and Beth LeBlanc | Published: 10/19/2022
The Michigan House is providing legal representation for employees who are being interviewed as part of an expanding investigation into former House Speaker Lee Chatfield. Court records showed state officials were conducting a wide-reaching inquiry into sexual assault, and financial and drug use allegations related to Chatfield. Search warrant affidavits indicated investigators were looking into claims that Chatfield and others were involved in a “criminal enterprise,” which potentially included campaign finance violations, bribery, controlled substances, and embezzlement.
Michigan – Probe into Shirkey-Tied Nonprofits Continues; $2.33M Conciliation Agreement Declined
MLive – Jordyn Hermani | Published: 10/18/2022
Two nonprofits associated with a 2020 petition effort rejected a multi-million-dollar settlement with state elections officials, paving the way for a criminal investigation to progress. Michigan! My Michigan! and Michigan Citizens for Fiscal Responsibility were accused of improperly raising millions of dollars for Unlock Michigan for a ballot petition to limit the executive branch’s powers during health emergencies. Should the groups have settled through a conciliation agreement, paying the Michigan Bureau of Elections a cumulative $2.33 million, then any further civil or criminal action would have been barred.
New Jersey – New Jersey Sues 5 Oil Companies and Trade Group Over Climate Disinformation
State Impact Pennsylvania – Susan Phillips | Published: 10/18/2022
New Jersey filed a lawsuit against five oil companies and a trade organization, saying they knowingly deceived the public about their contributions to global warming. The lawsuit alleges the trade group, American Petroleum Institute, designed public relations campaigns aimed at convincing the public that climate change does not exist and creating confusion and doubt about the role of oil and gas.
New York – New York State Judge Sets Hearing to Decide New York Attorney General’s Motion in Trump Organization Case
MSN – Kara Scannell (CNN) | Published: 10/14/2022
A judge set a hearing date to decide whether to grant New York Attorney General Letitia James’ request to block the Trump Organization from engaging in certain business activities. The hearing will be the first since the state filed a $250 million lawsuit against former President Trump, his three eldest children, and the Trump Organization alleging they engaged in a decade-long fraud. The state says the same day it announced its lawsuit, the company incorporated a new entity in Delaware, Trump Organization II LLC. The state says it has not provided any assurances it will not move assets out of New York to avoid potential liability.
New York – Trump Gives Answers in Rape Accuser’s Defamation Suit Deposition
Bloomberg Law – Erik Larson | Published: 10/19/2022
Former President Trump answered questions under oath during a deposition sought by E. Jean Carroll, who alleges he raped her in a department store dressing room two decades ago and defamed her when he denied it. He had to go ahead with the deposition after a judge rejected Trump’s latest effort to put the questioning on hold. Trump recently issuing a statement about Carroll on social media, repeating the allegedly defamatory statements he made. The move could undermine his key defense in the case, that he cannot be sued for defamation because he was a sitting president at the time he denied Carroll’s claim in crude terms.
Ohio – Ohio Attorney General Dave Yost Asks Ohio Supreme Court to Keep Former Utility Regulator’s Assets Frozen
MSN – Jake Zuckerman | Published: 10/19/2022
Ohio Attorney General Dave Yost asked the state Supreme Court to press pause on a lower court’s decision unfreezing millions of dollars in assets of a former utility regulator accused of taking a $4.3 million bribe. Attorneys for Yost argued the lower court decision would allow Sam Randazzo to “liquidate” his assets and shield them from judgements the state may win in a civil lawsuit against him down the line. Denying the motion would be a “death knell” ruling in Ohio, Yost argued, setting a precedent that bad actors can move and hide their money while motions are pending.
Oregon – Official Looking ‘Oregon Voter Guide’ May Mislead Voters
Mail Tribune – Hillary Borrud (Portland Oregonian) | Published: 10/18/2022
Oregon voters seeking information about the November election are likely to see a website called “The 2022 Oregon Voter Guide” at the top of their online search results, ahead of the state’s official voters’ guide. Many voters might not realize the online information is not an official state voters’ guide. “The Oregon Voter Guide” is not nonpartisan or neutral. It is funded and designed by a group of Democratic allies, progressive groups, and Democratic PACs. Two years ago, public employee unions, Democrats, and other political allies partnered on a nearly identical official-looking website, as well as mailers.
Texas – In Texas, Where Money Has Long Dominated Politics, Greg Abbott Is in a League of His Own
Texas Tribune – Patrick Svitek, Carla Astudillo, Zach Despart, and Kate McGee | Published: 10/18/2022
Texas Gov. Greg Abbott is easily the most prolific campaign fundraiser in the state’s history. His campaign fund has allowed him to scare off potential opponents, intimidate those who challenge him, fund a sprawling grassroots organization, and generally reshape Texas politics in his image. Texas is one of 11 states without contribution limits, enabling Abbott to raise enormous sums from some of the nation’s richest families and individuals. At its worst, critics say, Abbott’s fundraising prowess can give the appearance of a patronage system.
Washington – Ferguson Seeks $24.6 Million from Facebook for Campaign Finance Violations
Yahoo News – Laurel Demkovich (Spokane Spokesman-Review) | Published: 10/15/2022
Washington Attorney General Bob Ferguson is seeking the maximum penalty of $24.6 million against Facebook’s parent company, Meta, for violations of the state’s campaign finance law. A judge ruled Meta had 822 intentional violations of the law, which requires campaign advertisers, including sites such as Meta that host ads, to make information about the state’s political ads available for public inspection in a timely manner. The penalty is $10,000 per violation, but because a judge found Meta intentionally violated the law, the penalty can be tripled.
October 14, 2022 •
News You Can Use Digest – October 14, 2022
National/Federal A Congressional Campaign Committee Just Reimbursed a Dead Lawmaker for Travel Mileage Yahoo Finance – Madison Hall (Business Insider) | Published: 10/12/2022 The campaign committee of a deceased member of Congress reimbursed him for travel mileage months after he died. […]
National/Federal
A Congressional Campaign Committee Just Reimbursed a Dead Lawmaker for Travel Mileage
Yahoo Finance – Madison Hall (Business Insider) | Published: 10/12/2022
The campaign committee of a deceased member of Congress reimbursed him for travel mileage months after he died. The Friends of Hagedorn campaign committee refunded Rep. Jim Hagedorn more than $1,100 for “mileage” on September 20. Hagedorn, however, died in February. FEC guidance notes congressional campaign funds can be used to refund travel costs incurred by a lawmaker, as well as their spouse and children, as long as it is “directly connected to the officeholder’s official responsibilities.
A Majority of GOP Nominees – 299 in All – Deny the 2020 Election Results
MSN – Amy Gardner (Washington Post) | Published: 10/6/2022
A majority of Republican nominees on the ballot this November for the U.S. House and Senate, and key statewide offices have denied or questioned the outcome of the last presidential election, according to a Washington Post analysis. Candidates who have challenged or refused to accept Joe Biden’s victory are running in every region of the country and in nearly every state. Republican voters in four states nominated election deniers in all federal and statewide races. Most of the election deniers are likely to win. Of the nearly 300 on the ballot, 174 are running for safely GOP seats; another 51 will appear on the ballot in tightly contested races.
First Proud Boys Leader Pleads Guilty to Jan. 6 Seditious Conspiracy
MSN – Spencer Hsu (Washington Post) | Published: 10/6/2022
A former Proud Boys leader became the group’s first member to plead guilty to seditious conspiracy in the Capitol riot, deepening the government’s case against an organization accused of mobilizing violence to prevent the inauguration of Joe Biden. Jeremy Bertino becomes a potential key witness against five Proud Boys leaders, some of whom had ties to influential supporters of Donald Trump. The Proud Boys defendants are set to face trial in December on charges including plotting to oppose by force the presidential transition.
Government Officials Invest in Companies Their Agencies Oversee
Fox Business – Rebecca Ballhaus, Brody Mullins, Chad Day, Joe Palazzolo, and James Grimaldi (Wall Street Journal) | Published: 10/11/2022
Thousands of officials across the government’s executive branch reported owning or trading stocks that stood to rise or fall with decisions their agencies made, a Wall Street Journal investigation found. More than 2,600 officials at agencies from the Commerce Department to the Treasury Department, during both Republican and Democratic administrations, disclosed stock investments in companies while those same firm were lobbying their agencies for favorable policies. That amounts to more than one in five senior federal employees across 50 federal agencies reviewed by The Journal.
How Trump’s Legal Expenses Consumed GOP Donor Money
MSN – Isaac Arnsdorf and Josh Dawsey (Washington Post) | Published: 10/11/2022
Donald Trump’s political operation has spent more money since he left office on lawyers representing the former president and a pair of nonprofits staffed by former Cabinet members than it has on Republican congressional campaigns. Legal fees are expected to climb, Trump advisers say, as he employs a growing retinue of lawyers to fend off federal, state, and county-level investigations. State-level Republicans have also used party resources to defray legal costs related to Trump’s attempts to stay in power.
Judge Dismisses DOJ Bid to Force Wynn to Register as Foreign Agent
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/12/2022
A federal judge dismissed a Department of Justice (DOJ) effort to force casino magnate Steve Wynn to acknowledge a stint as an agent of the Chinese government. U.S. District Court Judge James Boasberg expressed reservations about his own ruling but suggested that long-standing appeals court precedent bars the DOJ from requiring foreign agents to retroactively register once they are no longer performing that work. If the ruling stands, it could deal a blow to the effort to crack down on undisclosed foreign influence campaigns in the U.S.
Justice Dept. Asks Supreme Court to Deny Trump Request in Mar-a-Lago Case
MSN – Perry Stein and Robert Barnes (Washington Post) | Published: 10/11/2022
The Justice Department asked the U.S. Supreme Court to deny a petition from Donald Trump’s attorneys in the Mar-a-Lago search case, arguing that allowing an outside arbiter to review the classified documents seized from Trump’s residence would “irreparably injure” the government and as a former president, Trump has no “plausible” claims of ownership over sensitive government materials. It is the latest turn in the department’s high-stakes investigation to determine whether the former president or his advisers mishandled national security secrets or hid or destroyed government records.
Leonard Leo Pushed the Courts Right. Now He’s Aiming at American Society.
Seattle Times – Kenneth Vogel (New York Times) | Published: 10/12/2022
Activist Leonard Leo is best known for his role in pushing the appointments of conservative judges to the center of the Republican Party’s agenda. Now, he has developed a coalition that aims to transform American society. Most of the initiatives were supported by a network shaped by Leo and funded by wealthy patrons, usually through “dark money.” An investigation reveals new details of how he has built that network into one of the most sophisticated operations in U.S. politics, giving him influence as he pushes a broad array of conservative causes and seeks to counter what he sees as an increasing leftward tilt in society.
Misinformation Swirls in Non-English Languages Ahead of Midterms
Yahoo News – Tiffany Hsu (New York Times) | Published: 10/12/2022
Unsubstantiated rumors and outright falsehoods spread widely in immigrant communities ahead of the presidential election in 2020. That is happening again in the run-up to this year’s midterm elections, researchers say, but with an insidious twist. The social media accounts pushing misinformation are now targeting audiences in more languages on more topics and across more digital platforms. Multilingual fact checkers say they cannot keep pace with the deluge of falsehoods online. They have called on the big social media platforms, like Facebook and YouTube, to do more for efforts in other languages as they would for misinformation in English.
She Went Out on a Limb for Trump. Now She’s Under Justice Dept. Scrutiny.
Seattle Times – Glenn Thrush, Maggie Haberman, and Michael Schmidt (New York Times) | Published: 10/11/2022
This spring, one of the lawyers representing former President Trump made a request to Christina Bobb, who had just jumped from a Trump-allied cable network to a job in his political organization. M. Evan Corcoran asked Bobb to sign a statement that the Trump legal team had conducted a “diligent search” of Mar-a-Lago and found only a few files that had not been returned to the government. She later complained she did not have a full grasp of what was going on around her when she signed. Her sworn statement was shown to be false. Bobb’s trajectory is a familiar one in Trump’s orbit: a marginal player thrust into a position where her profile is elevated, but at the cost of serious legal and reputational risk.
Steele Dossier Source Heads to Trial, in Possible Last Stand for Durham
MSN – Salvadore Rizzo and Devlin Barrett (Washington Post) | Published: 10/10/2022
Former President Trump said special counsel John Durham’s investigation into the origins of the FBI’s 2016 Russia probe should “reveal corruption at a level never seen before in our country.” But the nearly three-and-a-half-year examination seems destined for a less dramatic conclusion as Durham put Igor Danchenko on trial. He was indicted on charges of lying to FBI agents who interviewed him about the sources behind his claims to former British spy Christopher Steele. Defense attorneys argue Danchenko made a series of “equivocal” statements to the FBI and should not be penalized for giving wishy-washy answers to vaguely worded questions.
Top House Staffers Are Still Overwhelmingly White, Study Finds
Roll Call – Jim Saska | Published: 10/6/2022
The senior aides who hold the most sway with members of Congress have grown more diverse in recent years, but still not nearly as diverse as the nation. A new study by the Joint Center for Political and Economic Studies finds people of color now occupy 18 percent of the top staff positions in the House, a four-point increase since 2018, but still much lower than the 40 percent of Americans who are not white. People of color have more representation among the actual representatives than their closest aides, the report finds.
Trump Worker Told FBI About Moving Mar-a-Lago Boxes on Ex-President’s Orders
MSN – Devlin Barrett and Josh Dawsey (Washington Post) | Published: 10/12/2022
A Trump employee told federal agents about moving boxes of documents at Mar-a-Lago at the specific direction of the former president, according to people familiar with the investigation, who say the witness account, combined with security-camera footage, offers key evidence of Donald Trump’s behavior as investigators sought the return of classified material. The witness description and footage offer the most direct account to date of Trump’s actions and instructions leading up to the FBI’s search, in which agents were looking for evidence of potential crimes including obstruction, destruction of government records, or mishandling classified information.
Why Little-Noticed State Legislative Races Could Be Hugely Consequential
Yahoo News – Nick Corasaniti (New York Times) | Published: 10/10/2022
With Congress often deadlocked and conservatives dominating the U.S. Supreme Court, state governments increasingly steer the direction of voting laws, abortion access, education, and other issues dominating the lives of Americans. The Supreme Court could soon add federal elections to that list. The justices are expected to decide whether to grant nearly unfettered authority over such elections to state Legislatures. If the court does so, many Democrats believe, lawmakers could have a pathway to overrule the popular vote in presidential elections by refusing to certify the results and instead sending their own slates of electors.
From the States and Municipalities
Alaska – APOC Says Dunleavy Backers Won’t Respond to Investigation Without Subpoena
Alaska Public Media – Lisa Phu (Alaska Beacon) | Published: 10/11/2022
In an investigation into alleged violations of campaign finance laws, an independent expenditure group supporting Alaska Gov. Mike Dunleavy’s reelection has refused to respond to requests for information. A complaint says the Republican Governors Association and Dunleavy are “engaged in a scheme” to subsidize and coordinate the campaign activities of the independent expenditure group A Stronger Alaska with those of Dunleavy’s official campaign committee. Coordination between a candidate or a candidate’s representatives and an independent expenditure group is prohibited.
California – Grand Jury Accuses Santa Clara City Council Members of Putting 49ers Ahead of City
MSN – Marisa Kendall (San Jose Mercury News) | Published: 10/7/2022
A grand jury report accuses several Santa Clara City Council members of getting too cozy with the San Francisco 49ers, neglecting their duties to constituents, and potentially violating state law. The report raises a series of concerns about the conduct of five council members who frequently vote in favor of the NFL team’s interests. Frequent closed-door meetings between 49ers lobbyists and those council members raised a “serious question” about whether they are violating state open-meeting laws, according to the report. The report also takes issue with some of the council members’ personal use of the stadium, among other issues.
California – Jose Huizar’s Brother to Testify in Federal Corruption Trial of Former L.A. Councilman After Pleading Guilty
Yahoo News – Nathan Solis (Los Angeles Times) | Published: 10/12/2022
The older brother of Jose Huizar admitted to lying to FBI agents about receiving envelopes of cash from Huizar and will cooperate with the federal government’s corruption investigation of the former Los Angeles City Council member. Jose Huizar gave his older brother, Salvador, envelopes of cash and asked him to write a check for the exact amount out of his own bank account, federal investigators said. Salvador Huizar admitting to repeatedly lying about the cash, including while under oath before a grand jury and as recently as two weeks ago when he was interviewed again by FBI agents.
California – Nury Martinez Resigns from L.A. City Council in Wake of Audio Leak Scandal
Yahoo News – David Zahniser, Julia Wick, Dakota Smith, and Benjamin Oreskes (Los Angeles Times) | Published: 10/12/2022
Nury Martinez, the Los Angeles City Council member at the center of the scandal over a taped conversation in which she made racist comments about colleagues and constituents, has resigned. The Los Angeles Times published a recording in which Martinez is heard making the remarks while talking with fellow council members Kevin de León and Gil Cedillo and labor leader Ron Herrera about how the city’s council district boundaries should be redrawn. The October 2021 conversation focused on how the group could maintain Latino political power while ensuring they and their colleagues would have districts that help them win reelection.
California – San Francisco Election Watchdog Boss Set to Resign
San Francisco Standard – Alex Mullany | Published: 10/12/2022
LeeAnn Pelham, executive director of the San Francisco Ethics Commission since January 2016, will resign on January 23, 2023. Over the years, the commission has been slow to handle complaints and been criticized for using the city attorney’s office as counsel rather than having its own independent attorneys. Yet, Pelham was able to hire more staff and modernize many of the commission’s systems. “I would say that LeeAnn Pelham substantially increased the reach of the commission in terms of accomplishing its mission,” commission member Larry Bush said.
Colorado – Adams County Must Pay Legal Fees of the Treasurer It Sued, Colorado Supreme Court Orders
MSN – John Aguilar (Denver Post) | Published: 10/10/2022
The Colorado Supreme Court ordered Adams County to pay the legal expenses of its elected treasurer, who it sued over allegations she mismanaged her office. The state’s high court called Adams County’s failure to cover Lisa Culpepper’s costs of defending herself against the county’s lawsuit an “abuse of discretion.” Culpepper would normally be represented by the county attorney’s office in legal matters. But because that same office was representing the county commissioners suing her meant Culpepper had to obtain outside counsel.
Colorado – Political Group Agrees to Pay Fine Over Primary Voter Guide That Failed to Disclose Information
Colorado Springs Gazette – Marianne Goodland (Colorado Politics) | Published: 10/11/2022
ProgressNow Colorado agreed to pay a fine of $16,277 for a primary “voter guide” that failed to fully disclose required information. It was the third complaint over ProgressNow’s voter guides in the past 18 months and the second that the organization has settled with the Elections Division. The first complaint, in 2021, resulted in a $3,000 fine.
Florida – DeSantis Broke Florida Precedent and Maybe the Law, Too, in Making Congressional Map
Yahoo News – Joshua Kaplan (ProPublica) | Published: 10/11/2022
An examination of how Florida’s congressional districts were drawn, and who helped decide the new boundaries, show Gov. Ron DeSantis’s administration appears to have misled the public and the Legislature and may also have violated state law. Gubernatorial aides worked behind the scenes with an attorney who serves as the national Republican Party’s top redistricting lawyer and other consultants tied to the national party apparatus. The Florida Constitution was amended in 2010 to prohibit partisan-driven redistricting, a landmark effort in the growing movement to end gerrymandering.
Florida – Ethics Panel Finds ‘Probable Cause’ That Miami Commissioner Abused Power with City Car
MSN – Joey Fletchas (Miami Herald) | Published: 10/12/2022
The Miami-Dade County Commission on Ethics and Public Trust agreed to charge Miami City Commissioner Alex Díaz de la Portilla with violating county ethics law and exploiting his official position after a friend who did not work for the city used a city car to pick up alcohol for the commissioner, drop off his dry cleaning, and drive him to a property his family owns. The friend, Jenny Nillo, worked for the Omni Community Redevelopment Agency, and should not have had access to the car, according to city policy.
Georgia – Common Cause Georgia Sues FEC Over Dismissed Complaint That Conservative Nonprofit Broke Finance Rules
Georgia Recorder – Stanley Dunlap | Published: 10/11/2022
Common Cause Georgia is suing the FEC for dismissing a complaint alleging conservative election-monitoring organization True the Vote illegally contributed to the Georgia Republican Party during the January 2021 runoffs for two U.S. Senate seats. The lawsuit accuses three Republican commissioners of failing to enforce federal campaign finance law when they went against the agency’s general counsel’s recommendation to open an investigation into the relationship between the Texas-based nonprofit and the Georgia GOP.
Georgia – GOP Crisis in Herschel Walker Race Was Nearly Two Years in the Making
MSN – Isaac Arnsdorf, Ashley Parker, Michael Scherer, and Josh Dawsey (Washington Post) | Published: 10/6/2022
In early 2021, as football star Herschel Walker considered running for the U.S. Senate, he approached some of Georgia’s top Republican operatives about advising his campaign. The operatives were warned about political vulnerabilities in Walker’s past that were openly discussed in the state’s political circles. Walker’s overwhelming name recognition and backing from former President Trump made him so formidable that state and national Republican leaders did not mount a serious challenge in the primary. Now, they are stuck with him as those liabilities threaten to dominate the news and derail his campaign.
Illinois – City Council Debate Over Private Booting Shines Light on Ways Clout and Campaign Cash Work in Chicago
WTTW – Heather Cherone | Published: 10/10/2022
Faced with a surge of criticism at City Hall, Innovative Parking Solutions owner Michael Denigris did what Chicago business owners have done for decades – he hired an influential lobbyist and poured tens of thousands of dollars into lawmakers’ campaign accounts. But it is not clear whether that expensive and time-consuming effort, which illuminates how wealthy interests get their issues in front of the city council, will pay off for Denigris and his firm.
Iowa – Iowa Board Requires ‘Paid for By’ Statements on Some Political Texts
Bleeding Heartland – Laura Bellin | Published: 9/28/2022
The Iowa Ethics and Campaign Disclosure Board said some political text messages are subject to the state law requiring disclosure of who is responsible for express campaign advocacy. Board Executive Director Zach Goodrich drafted the advisory to clarify when text messages can be considered “electronic general public political advertising.” He decided to address the issue after a mass texting campaign from an undisclosed source reached Kansas voters shortly before a constitutional referendum in August.
Maryland – Allegations Against Vice Chair Deepen Montgomery Planning Board Controversy
MSN – Daniel Wu (Washington Post) | Published: 10/11/2022
An investigation into Montgomery County Planning Board Chairperson Casey Anderson’s conduct has expanded to include the actions of Vice Chair Partap Verma and the abrupt firing of Planning Department Director Gwen Wright. A complaint sent to the county council levied new accusations against Verma, who already had been publicly reprimanded alongside Casey and fellow board member Carol Rubin, deepening concerns about the planning agency’s governance and rattling employees as a council vote looms on a long-term growth plan.
Missouri – St. Louis County Ethics Committee Stonewalled on Marijuana Questions
St. Louis Post-Dispatch – Joe Holleman | Published: 10/10/2022
The majority of the main players involved in a conflict-of-interest probe of St. Louis County Councilperson Lisa Clancy continue to give the silent treatment to the council’s ethics committee. Of five people involved in 2019 with Clancy and the county’s zoning laws for medical marijuana industry, all of whom refused to attend a committee meeting on September 6, only one has responded to written questions the committee sent out recently. The committee asked for a response by October 5.
Montana – GOP House Candidate Paid Vendors with Bad Checks and Misreported Debts
Montana Free Press – Arren Kimbel-Sannit | Published: 10/7/2022
Montana Commissioner of Political Practices Jeff Mangan found a state House candidate tried to pay vendors with bad checks and misreported accrued debts as expenditures, referring the matter to the Lewis and Clark County attorney for possible prosecution. Alden Tonkay misreported a minimum of $2,264 in debts, Mangan found. Those debts stemmed from non-payment to sign-making and catering companies. Tonkay repeatedly said he would send a response to the complaint as well as a full accounting of his campaign finances, but never delivered, according to Mangan’s decision.
Montana – How Montana’s New Election Laws Failed Legal Muster
Montana Free Press – Alex Sakariassen | Published: 10/6/2022
Three new laws that changed how Montanans can vote and access the polls were declared unconstitutional. People will once again be able to register to vote on Election Day, use student IDs and voter registration cards as primary identification at the polls, and accept payment for collecting ballots on behalf of voters unable to return them themselves. A spokesperson was noncommittal on whether Secretary of State Christi Jacobsen would appeal the decision to the Montana Supreme Court.
Nevada – How a Las Vegas Newsroom Set Out to Solve a Colleague’s Killing
MSN – Sarah Ellison (Washington Post) | Published: 10/6/2022
Executive Editor Glenn Cook sent an email to staff members at The Las Vegas Journal-Review on September 3, informing them that their colleague, Jeff German, had been found dead outside his home. Over four days of relentless reporting, Review-Journal staff would essentially solve the case, delving into German’s old stories and doing their own on-the-ground detective work to identify a surprising suspect, who is now behind bars, facing murder charges.
New Hampshire – In Time of Distrust, How One State Is Trying to Boost Voter Confidence
MSN – Joanna Slater (Washington Post) | Published: 10/10/2022
Since May, the New Hampshire Special Committee on Voter Confidence has traveled the length of the state holding public hearings that are part civics roadshow, part airing of grievances. They have come together for an unusual experiment aimed at bolstering faith in American democracy. The committee’s stated goal is to identify the causes of the decline in voter confidence and recommend ways to reverse it. Left unstated is the unprecedented nature of the current moment, where former President Trump and Republican candidates continue to deny the outcome of the 2020 election.
New Mexico – Vote to Amend Legislature’s Internal Investigative Procedure Fails
Santa Fe New Mexican – Robert Knott | Published: 10/11/2022
A body of lawmakers charged with administering legislative policies and procedures in the New Mexico Legislature deadlocked on a proposal to add a fifth and tiebreaking member to a pair of interim ethics committees, in effect killing the proposal and leaving the Legislature’s embattled internal investigation process unchanged. Calls for reform to the harassment policies and investigation of complaints have grown louder in the wake of accusations by lobbyist Marianna Anaya and others against Sen. Daniel Ivey-Soto.
New York – Hochul Raises Massive Sum in Final State Election Before New Campaign Finance System Kick In
Gothamist – Ethan Geringer-Sameth | Published: 10/12/2022
Since Kathy Hochul became governor of New York in August 2021, 47 people have given the maximum amount, $69,700, directly to her campaign. In total, Hochul’s campaign has brought in $46 million in her first 14 months in office. That massive sum will not be as easy to accumulate in future elections thanks to a new state campaign finance system that will lower individual contribution limits and establish a small-dollar public matching program for state-level offices. The new system goes into effect immediately after Election Day this year for the next election cycles and will apply to statewide offices.
New York – New State Ethics Watchdog Agrees to Chew on Old Cases
Albany Times Union – Chris Bragg | Published: 10/6/2022
New York’s ethics and lobbying commission is rolling over all pending investigations inherited from its predecessor, a move that increases the odds those inquiries will reach conclusions. As of September 23, the new ethics body had 32 “open investigations” in motion, including that of former Gov. Andrew Cuomo, had been scheduled to face a hearing over whether he violated the law by using state employees to assist in the production of his lucrative memoir of the Covid-19 pandemic.
New York – New York Lobbyists Hold Sway in Spite of Shake-Ups, Scandals
Poli-Ticks – Rebekah Ward (Albany Times Union) | Published: 10/7/2022
Lobbyists in New York often are key in passing or defeating legislation. Many are veteran lawmakers themselves or had prior jobs, including as agency leaders or legal counsel for top elected officials, that provide them connections and insight into the government’s inner workings, which enable them to shape political outcomes for their clients. They are a constant presence in Albany, customizing pitches to assuage the differing concerns of key officials, strategically framing stories to steer media attention, and using the hectic legislative calendar to their advantage.
Ohio – Ohio Is About to Hold Elections for Unconstitutional Congressional and Legislative Districts. Here’s How It Happened
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 10/9/2022
Ohio’s congressional and state legislative districts have twice been ruled unconstitutional by the state Supreme Court, but one of those maps will be in place for the November elections. It is the result of a previously untested state redistricting process, a months-long fight between Republican leaders and the Ohio Supreme Court, and a federal court finally intervening and picking one of the redistricting plans to use just for the 2022 election. So, despite voters approving two state constitutional amendments to end gerrymandering, the congressional and legislative lines have again been drawn in a way that gives Republicans a clear advantage.
Ohio – Steve Dackin, One-Time Ohio Schools Superintendent, Signs Settlement Agreement for Ethics Violations, Avoids Criminal Prosecution
MSN – Laura Hancock (Cleveland Plain Dealer) | Published: 10/7/2022
Steve Dackin, who spent 11 days as the state superintendent of public instruction before resigning amid an ethics investigation, signed a settlement with the Ohio Ethics Commission. The commission will not refer its investigation to any public prosecutor. Dackin will be required to attend three hours of ethics training and agreed to not apply for the state superintendent job again until February 26, 2023. Dackin had access to the applications for the job as the committee conducted its search. Days before the application period ended, Dackin resigned from the Ohio State Board of Education and submitted his own application for the job.
Tennessee – Kelsey Co-Defendant Smith to Plead Guilty in Federal Campaign Finance Case
Tennessee Lookout – Sam Stockard | Published: 10/11/2022
The co-defendant in a federal campaign finance case against Tennessee Sen. Brian Kelsey is set to plead guilty to one charge of funneling “soft money” to the senator’s congressional campaign six years ago. Federal prosecutors claim Kelsey and Josh Smith, the owner of The Standard Club in Nashville, conspired with others to illegally shift a total of more than $80,000 from his state account to buy ads that supported his federal race. Prosecutors say Kelsey gave Smith a check for more than $106,000 in July 2016 during a gathering at The Standard to be transferred from his campaign account to the restaurant’s PAC.
Washington – Judge: Facebook intentionally violated WA campaign finance law 822 times
Seattle Times – David Gutman | Published: 10/6/2022
A judge ruled Facebook’s parent company Meta intentionally violated Washington’s campaign finance law 822 times, which may subject the company to millions of dollars in fines. The law requires advertisers to make information about political ads run in Washington that appear on their platforms available for public inspection. The judge said the violations were intentional because of the company’s history of failure to comply with the law, its extensive experience with campaign finance law, and its “lack of good faith and failure to acknowledge and take responsibility for its violations.”
October 7, 2022 •
News You Can Use Digest – October 7, 2022
National/Federal DataVault Requests US Election Agency’s Advice to Send NFTs as a Campaign Fundraising Incentive Cointelegraph – Turner Wright | Published: 10/4/2022 The legal team behind nonfungible token (NFT) firm DataVault Holdings requested an advisory opinion from the FEC on using […]
National/Federal
DataVault Requests US Election Agency’s Advice to Send NFTs as a Campaign Fundraising Incentive
Cointelegraph – Turner Wright | Published: 10/4/2022
The legal team behind nonfungible token (NFT) firm DataVault Holdings requested an advisory opinion from the FEC on using NFTs for campaign fundraising efforts. DataVault’s lawyers proposed sending NFTs as “souvenirs” to individuals who donated to political committees, as well as giving the token holder the option to use it for promoting a campaign “strictly on a volunteer basis and without any compensation.” The firm requested the FEC provide guidance on how it may operate as a commercial vendor, issuing the tokens to political committee members seemingly without violating federal campaign finance laws.
Election Officials Confront a New Problem: Whether they can trust their own poll workers
Yahoo News – Zach Montellaro (Politico) | Published: 10/4/2022
Election officials are growing concerned about a new danger in November: that groups looking to undermine election results will try to install their supporters as poll workers. The frontline election workers do everything from checking people in at voting locations to helping process mail ballots. Now, some prominent incidents involving poll workers have worried election officials that a bigger wave of trouble could be on the horizon.
In Trump White House, Classified Records Routinely Mishandled, Aides Say
MSN – Shane Harris, Josh Dawsey, Ellen Nakashima, and Jacqueline Alemany (Washington Post) | Published: 10/4/2022
Aides who worked in Donald Trump’s White House were not surprised when the FBI found highly classified material in boxes at Mar-a-Lago mixed with news clippings and other items. During his four years in office, Trump never strictly followed the rules and customs for handling sensitive government documents, according to 14 officials from his administration. What those ex-Trump aides and advisers saw in an inventory of items recovered by the FBI in August – classified documents in boxes, stored alongside newspaper and magazine articles, books, and gifts – looked to them like the idiosyncratic filing system Trump used in the White House.
Justices Shield Spouses’ Work from Potential Conflict of Interest Disclosures
Yahoo News – Hailey Fuchs, Josh Gerstein, and Peter Canellos (Politico) | Published: 9/29/2022
Over the past year, Virginia Thomas has gotten attention for operating a consulting business that reportedly includes conservative activist groups with interest in U.S. Supreme Court decisions as clients. Her husband, Justice Clarence Thomas, has chosen not to reveal any of his wife’s clients, let alone how much they contributed to the Thomas family coffers, dating back to when her consulting business was founded. A Politico investigation shows potential conflicts involving justices’ spouses extend beyond the Thomas family.
Lawmakers Confront a Rise in Threats and Intimidation, and Fear Worse
MSN – Stephanie Lai, Luke Broadwater, and Carl Hulse (New York Times) | Published: 10/1/2022
Members of Congress in both parties are experiencing a surge in threats and confrontations as a rise in violent political speech has increasingly crossed over into the realm of in-person intimidation and physical altercation. In the months since the attack on the U.S. Capitol, which brought lawmakers and the vice president within feet of rioters threatening their lives, Republicans and Democrats have faced stalking, armed visits to their homes, vandalism, and assaults. It is part of a trend that many fear is only intensifying as lawmakers scatter to campaign and meet with voters around the country ahead of midterm congressional elections.
Politics Are Becoming Tougher to Avoid at Work, Survey Finds
MSN – Taylor Telford (Washington Post) | Published: 10/5/2022
Escalating political tensions in the workplace are creating problems for organizations as midterm elections draw nearer, a new survey found. About 26 percent said they have personally experienced differential treatment (positive and negative) because of their political views or affiliation, according to the Society for Human Resource Management (SHRM). Corporations are under pressure from employees and consumers to weigh in on political issues. But the rise of politics in the workplace has consequences for polarization across the country, said Johnny C. Taylor Jr., SHRM’s chief executive.
Pro-DeSantis Hybrid PAC to File Lawsuit Challenging Unfavorable FEC Ruling
OpenSecrets – Taylor Giorno | Published: 10/3/2022
The political committee Ready for Ron asked the FEC for permission to share a list of supporters and their contact information with Florida Gov. Ron DeSantis to encourage him to run for president in 2024. The FEC ruled that Ready for Ron cannot share the list if DeSantis becomes a federal candidate or begins “testing the waters” for federal office, as the value would exceed the federal campaign contribution limit. The commission deadlocked on whether Ready for Ron could share the list if DeSantis is not testing the waters or running for federal office. The PAC plans to fille a lawsuit challenging the FEC’s decision.
Supreme Court to Scrutinize U.S. Protections for Social Media
MSN – Andrew Chung (Reuters) | Published: 10/3/2022
The U.S. Supreme Court will hear a challenge to federal protections for internet and social media companies freeing them of responsibility for content posted by users. The Ninth U.S. Circuit Court of Appeals dismissed the lawsuit, relying on as Section 230 of the Communications Decency Act of 1996. It protects “interactive computer services” by ensuring they cannot be treated as the “publisher or speaker” of any information provided by other users. Democrats have faulted it for giving social media companies a pass for spreading hate speech and misinformation. Republicans painted it as a tool for censorship of voices on the right.
The Onion Files Supreme Court Amicus Brief Defending the Right to Parody
MSN – Rachel Pannett (Washington Post) | Published: 10/4/2022
A man who was arrested over a Facebook parody aimed at his local police department is trying to take his case to the U.S. Supreme Court. The satirical website The Onion filed an amicus brief in support of Anthony Novak. A jury found him not guilty, and he is trying to sue the city for damages. A federal judge dismissed the lawsuit, saying the police had qualified immunity, and an appeals court upheld that decision. “Americans can be put in jail for poking fun at the government?” the brief asked. “This was a surprise to America’s Finest News Source and an uncomfortable learning experience for its editorial team.”
Trump Asks Supreme Court to Intervene in Mar-a-Lago Search Case
MSN – Devlin Barrett and Robert Barnes (Washington Post) | Published: 10/4/2022
Former President Trump’s lawyers asked the Supreme Court to intervene in the Mar-a-Lago documents-seizure case, saying the special master appointed in the matter should be allowed to review the classified papers. A three-judge panel of the U.S. Court of Appeals for the 11th Circuit granted the Justice Department’s request to keep about 100 classified documents separate from a review of documents being conducted by a court-appointed legal expert, called a special master. The department has launched a probe to determine if Trump or his advisers mishandled national security secrets or hid or destroyed government records.
U.S.: Oath Keepers, Rhodes attacked ‘bedrock of democracy’ on Jan. 6
MSN – Spencer Hsu, Rachel Weiner, and Tom Jackman (Washington Post) | Published: 10/3/2022
Members of the extremist group Oath Keepers led by Stewart Rhodes planned for an armed rebellion “to shatter a bedrock of American democracy” – the peaceful transfer of presidential power – culminating in their role in the attack on the U.S. Capitol, a prosecutor said in the first seditious conspiracy trial of the January 6 investigation. Rhodes’ defense attorney Philip Linder said Oath Keepers came to Washington as “peacekeeping” security guards, believing then-President Trump could invoke the Insurrection Act to mobilize private militias, put down riots, and remain in power.
From the States and Municipalities
Alabama – Supreme Court Debates Alabama’s Refusal of Second Black Voting District
MSN – Robert Barnes (Washington Post) | Published: 10/4/2022
The U.S. Supreme Court’s liberal justices combined for an aggressive and unified defense against Alabama’s efforts to limit creation of voting districts in which minorities have the ability to elect candidates of their choice. The case is another major test of the Voting Rights Act, which the court’s conservative majority has diluted in recent years. At the end of oral arguments, it appeared a majority of the court might not embrace Alabama’s request for a broad reinterpretation of how the law is enforced, and that a narrower compromise was a possibility.
Arkansas – Missouri Health Executives Plead Guilty in Widespread Fraud
Stamford Advocate – Associated Press | Published: 9/29/2022
Two former executives of a Missouri health nonprofit pleaded guilty to their roles in a corruption scheme that ensnared several Arkansas elected officials and lobbyists, federal prosecutors said. Bontiea Goss and her husband, Tommy Goss, were executives at Preferred Family Healthcare, which provided services such as substance abuse treatments and counseling to people in Missouri, Arkansas, Kansas, Oklahoma, and Illinois. Federal prosecutors said the Gosses and other co-conspirators paid bribes and kickbacks to Arkansas lawmakers to obtain favorable legislation and other official actions that helped the nonprofit.
California – A Cannabis Bribe and Arson: Former Adelanto councilman sentenced to federal prison
MSN – Gregory Yee (Los Angeles Times) | Published: 10/3/2022
Former Adelanto City Councilperson Jermaine Wright was convicted of taking a $10,000 bribe to help open a cannabis business and hiring someone to burn down his restaurant for an insurance payout. He was sentenced to five years in federal prison. Wright told an informant the money had to go to a nonprofit set up to conceal their scheme and he would put the informant on the nonprofit’s board so they could receive the money as well, a pre-sentencing report said.
California – New State Law Could Curb Pay to Play Politics in Orange County & California
Voice of OC – Spencer Custodio | Published: 10/3/2022
Gov. Gavin Newsom signed legislation that bars local elected officials voting on items benefitting contributors who donated more than $250 within the past 12 months. Elected officials could return the campaign donations within 14 days of finding out about the contribution, which would allow them to vote on the item. In Orange County, an FBI corruption investigation into Anaheim City Hall that touches on Disneyland resort area interests has put a renewed focus on campaign finance, spurring calls of campaign finance reform.
Florida – The Story Behind DeSanti’s Migrant Flights to Martha’s Vineyard
Yahoo News – Edgar Sandoval, Miriam Jordan, Patricia Mazzei, and J. David Goodman (New York Times) | Published: 10/2/2022
Gov. Ron DeSantis signed a budget that set aside $12 million to create a program for transporting unauthorized migrants out of Florida. He touted it as the highlight of the state’s new spending when it came to immigration. But just three months later, the money was being used to round up Venezuelan asylum seekers on the streets of San Antonio and shipping them on private planes to Massachusetts. Details have begun to emerge of the clandestine mission. In the middle of it all was a woman with a background in military counterintelligence who investigators believe was sent to Texas from Tampa to fill the planes.
Georgia – Federal Judge Upholds Georgia Election Law in Challenge Brought by Abrams
MSN – Matthew Brown (Washington Post) | Published: 10/1/2022
A federal judge upheld Georgia’s election laws in a blow to Fair Fight Action, the voting rights group founded by Stacey Abrams, who also is the state’s Democratic gubernatorial nominee. Abrams’ group filed a lawsuit against the Georgia’s secretary of state soon after her 2018 election defeat, arguing the state’s absentee ballot policies, which require an “exact match” for names and addresses between voters’ IDs and voter registration records, represented “gross mismanagement” of the state’s election systems that violated Georgia voters’ constitutional rights.
Georgia – Georgia DA: GOP bankrolling lawyers for ‘fake’ Trump electors ‘rife with serious ethical problems’
Yahoo News – Michael Isikoff and Daniel Klaidman | Published: 10/4/2022
The Georgia Republican Party is bankrolling the legal defense of most of the so-called fake electors in the state as part of a controversial arrangement that Fulton County District Attorney Fani Willis charges in a new court filing is “rife with serious ethical problems” and “actual conflicts-of-interest.” Wills has launched a sprawling probe into Donald Trump’s efforts to overturn the 2020 presidential election in Georgia. Willis escalated the legal battle over the issue when she moved to disqualify the two lawyers being paid by the state GOP.
Georgia – Herschel Walker Paid for Girlfriend’s Abortion, Report Says
MSN – Bill Barrow (Associated Press) | Published: 10/3/2022
Herschel Walker, who has vehemently opposed abortion rights as the Republican nominee for U.S. Senate in Georgia, paid for an abortion for his girlfriend in 2009, according to a report. Walker called the accusation a “flat-out lie” and said he would sue. The Daily Beast reviewed a receipt showing her $575 payment for the procedure, along with a get-well card from Walker and her bank deposit records showing the image of a personal check from Walker dated five days after the abortion receipt. The woman said Walker encouraged her to end the pregnancy, saying the time was not right for a baby.
Louisiana – Louisiana Officials Use Campaign Cash to Buy LSU, Saints Tickets
Louisiana Illuminator – Julie O’Donoghue | Published: 10/4/2022
Forty-nine Louisiana politicians spent $181,600 from their campaign accounts and PACs on tickets to collegiate and professional sporting events in 2020 and 2021. Over half of those purchasing the tickets were state lawmakers, but the group also includes the governor, sheriffs, district attorneys, and a state Supreme Court justice. State law prohibits elected officials from using campaign money for “personal use,” but sports tickets have long been considered a legitimate expense. The practice is legal so long as officials can explain why the spending is related to their campaign or job, said Kathleen Allen, the state’s ethics administrator.
Maryland – Nash Seeking Clarity on Lobbying Rules After Ethics Decision
Yahoo News – Ryan Marshall (Frederick News-Post) | Published: 10/5/2022
Frederick Alderwoman Katie Nash will not challenge a decision by the city’s Ethics Commission that some of her professional lobbying activities violated city rules in court and is seeking guidance for future work. The commission found Nash, a lobbyist registered with the state, improperly emailed coordinators for various city Neighborhood Advisory Councils and others, encouraging them to raise concerns with the county about plans to shift coverage of paramedic services in parts of the city. Nash also asked that information about avoiding conflicts be made available to candidates when they file.
Massachusetts – Former State Police Union Boss Dana Pullman and Former Lobbyist Anne Lynch Face Trial for Alleged Kickback Schemes
MSN – Shelly Murphy (Boston Globe) | Published: 10/3/2022
Dana Pullman, the former leader of the Massachusetts State Police union, is on trial on charges he took kickbacks totaling $41,250 from a union lobbyist, Anne Lynch, and diverted thousands of dollars from the union for personal expenses, including flowers, gifts, a Florida vacation, and meals at upscale restaurants with a girlfriend. When announcing the charges in August 2019, federal authorities accused Pullman of running the union “like an old-school mob boss” and tapping the union’s account as if it was “his own personal piggy bank.”
Michigan – Michigan’s Proposal 1 Would Change Term Limits, Require Financial Disclosure for Lawmakers
Yahoo News – Clara Hendrickson (Detroit Free Press) | Published: 10/6/2022
Michigan voters will have a chance to decide this November whether they want to end the current term limits for state lawmakers in favor of reducing the total number of years lawmakers can serve in Lansing while increasing the number of times they can seek reelection in either chamber. The proposal would also establish new financial disclosure requirements for some elected officeholders. It would require annual reports describing their assets and sources of income, positions held outside of state government, agreements or arrangements regarding future employment, gifts and travel payments received, among other requirements.
Missouri – Missouri Ethics Commission Hobbled Again After Parson Pulls Appointees
St. Louis Post-Dispatch – Jack Suntrup | Published: 9/29/2022
The Missouri Ethics Commission again is unable to function, at least temporarily, because it does not have enough members. Gov. Mike Parson removed three members of the panel on recently, said Liz Ziegler, executive director of the commission. Ziegler said Parson took the three members off the ethics commission “due to the special legislative session” the governor had called on tax relief.
Montana – Commissioner of Political Practices to Step Down Before Term Ends
Helena Independent Record – Sam Wilson | Published: 10/3/2022
Montana Commissioner of Political Practices Jeff Mangan announced on social media he will be retiring before his term ends, stepping down just before Election Day. Not since Dennis Unsworth’s departure at the end of 2010 has anyone served out a full term as commissioner. Past commissioners have at times come under fire for bringing a perceived partisan bias to their work investigating political complaints. Republican lawmakers have for years brought legislation seeking to disband the office or reduce the power commissioners wield.
New Mexico – NM Sen. Ivey-Soto Resigns from the Chairman Position of an Influential Committee
Source New Mexico – Shaun Griswold | Published: 9/29/2022
Fallout from a harassment complaint filed against New Mexico Sen. Daniel Ivey-Soto has now affected his position of power as a lawmaker in Santa Fe. Ivey-Soto submitted a letter resigning as chairperson of the Senate Rules Committee. His resignation as chair shields lawmakers from having to take a public position on Ivey-Soto’s behavior at the Capitol. A meeting to discuss Senate committee assignments would have been the first public discussion and vote by lawmakers about Ivey-Soto after an investigation about sexual harassment allegations against Ivey-Soto.
New York – City Council Redistricting Drama Underscores Dropped Commission Ethics Policy
Gotham Gazette – Ethan Geringer-Sameth | Published: 10/3/2022
New York City’s redistricting process was thrown into disarray in September after the commission responsible for drawing new city council district lines voted down its own draft map. An aide to Mayor Eric Adams individually lobbied his appointees on the commission to vote no, activity the mayor has denied knowing about. There are few formal barriers in place to prevent conflicts-of-interest between the 15 redistricting commissioners and the elected officials who appointed them.
New York – Contender for Top NYC City Hall Post Left Trail of Penalties and Debt as a Lobbyist
MSN – Michael Gartland (New York Daily News) | Published: 10/3/2022
Tiffany Raspberry, who currently serves as a senior advisor for external affairs in New York City Mayor Eric Adams’ administration, is being considered as the mayor’s next chief of staff. Before her stint at City Hall, Raspberry worked as a lobbyist through her firm York Group Associates. The firm failed to follow city and state disclosure requirements dozens of times between 2011 and 2020, leading to nearly $38,000 in fines for late and incorrect filings. Records reveal Raspberry’s former clients are still registered to lobby on both the city and state levels.
New York – Hochul Says She Had No Role in New York’s $637M Deal with Campaign Donor
Albany Times Union – Chris Bragg | Published: 10/6/2022
Gov. Kathy Hochul said that before her staff authorized $637 million in payments to a major campaign donor, she was never asked to give final approval to the taxpayer-funded deal for COVID-19 tests from Digital Gadgets. The governor also said she was not briefed about the cost of the purchase orders, which were significantly higher than what other companies had charged for providing rapid tests to New York. Before finalizing the deals, Digital Gadgets had little history as a distributor of COVID-19 tests. The company’s chief executive officer, Charlie Tebele, held campaign fundraisers for Hochul around the time the contract was awarded.
Ohio – Cleveland Police Commander Faces Discipline for Hiding His Work with Private Security Companies, Failing to Pay Taxes
MSN – Adam Ferrise (Cleveland Plain Dealer) | Published: 9/28/2022
Cleveland police Commander Michael Butler faces accusations involving his work for private security companies, including that he hid from city officials his work for the businesses during a time he led the city’s efforts at staffing both officers and security firms for major events, according to an internal disciplinary letter. The city’s letter also said Butler broke state law by failing to pay taxes on income he had earned.
Ohio – FirstEnergy Fights to Keep Records Tied to Bribery Scheme from the Public
Ohio Capital Journal – Jake Zuckerman | Published: 10/5/2022
FirstEnergy, which has admitted to spending tens of millions of dollars bribing top government officials in Ohio, asked state regulators to shield documents about its bribes from release to the public. The company’s request will soon be decided by the Public Utilities Commission of Ohio, whose former chairperson, Sam Randazzo, allegedly accepted a $4.3 million bribe from the utility for favorable regulatory treatment. The records could unmask the identities of several government officials and energy executives that FirstEnergy anonymously identified in its deferred prosecution agreement with the Justice Department.
Ohio – Ohio Secretary of State Frank LaRose Creating Public Integrity Unit in Office Reorganization
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 10/5/2022
Ohio Secretary of State Frank LaRose is reorganizing his office to form a “public integrity” unit, a shuffling he said will include hiring of investigators with the authority to issue subpoenas to look into potential elections-related crimes. The secretary of state would make the decision on what cases to pursue. Any cases would be turned over to the attorney general’s office or local county prosecutors, which play a role in enforcing state criminal laws, or the Ohio Elections Commission, which is a clearinghouse for violations of state elections law. The move comes as increasing numbers of Republican voters view the accuracy of elections with suspicion.
Oklahoma – Okla. GOP Ties Hospital’s Covid Funds to End of Gender-Affirming Care
MSN – Kimberly Kindy (Washington Post) | Published: 10/4/2022
Oklahoma lawmakers added a controversial provision before awarding the state’s largest hospital system $108 million in pandemic relief funds. OU Health would only get the money if its Oklahoma Children’s Hospital stopped providing gender-affirming care. The move, which the governor signed into law, marks the first time that conservative state lawmakers have tied gender-affirming care to the receipt of funds from the American Rescue Plan Act. Some advocates worry it might embolden other Legislatures with GOP majorities to add similar restrictions before allocating money to publicly funded hospitals.
Oregon – City Elections Office Upholds Campaign Penalty Against Council Candidate Rene Gonzalez
Portland Mercury – Alex Zielinski | Published: 9/29/2022
Portland City Council candidate Rene Gonzalez’s appeal of a $77,000 campaign finance violation was rejected by the Small Donor Elections program. Gonzalez had argued that accepting a $250 monthly rate for an office rental in downtown Portland that normally goes for a monthly rate of $6,900 was not an in-kind contribution from property owner Jordan Schnitzer. According to Gonzalez, that is because vacancy rates are so high in downtown Portland the office would have gone unrented if his campaign had not occupied the space.
Pennsylvania – As TV Doctor, Mehmet Oz Provided Platform for Questionable Products and Views
MSN – Colby Itkowitz and Lenny Bernstein (Washington Post) | Published: 10/3/2022
As a Republican candidate for a U.S. Senate seat in Pennsylvania, a key battleground in the fight for control of the chamber, Mehmet Oz, a cardiothoracic surgeon, is putting his medical background and his popular television show at the center of his campaign pitch. But during the show’s run from 2009 to 2021, Oz provided a platform for potentially dangerous products and fringe viewpoints, aimed at millions of viewers, according to medical experts, public health organizations, and federal health guidance.
Pennsylvania – Unresolved Gray Areas in Pa. Mail Voting Law Likely to Spur Fresh Confusion, Legal Challenges
Spotlight PA – Stephen Caruso and Katie Meyer | Published: 10/5/2022
Some key questions on mail ballots remain unsettled in Pennsylvania, opening the door for more legal action and confusion after the upcoming gubernatorial and U.S. Senate races. State lawmakers in 2019 passed a bipartisan overhaul of the state’s election law and allowed no-excuse mail voting for the first time. That law does not say, for instance, whether counties should be able to contact voters who have submitted mail ballots with errors and allow them to fix them, a process known as ballot curing. The law also does not mention ballot drop boxes or how they should be regulated.
Texas – Ethics Commission Shelves Lobbying Complaint Against Austin Pets Alive! Employee
Austin Monitor – Chad Swiatecki | Published: 10/3/2022
The Ethics Review Commission opted not to move forward with a lobbying complaint against Katie Jarl, a member of the city’s Animal Advisory Commission who also works in a governmental affairs job for Austin Pets Alive (APA). The complaint was based on the likelihood that Jarl was involved in lobbying activity for APA in 2021 when it was negotiating with the city for a long-term lease for a shelter property. City laws bar a registered lobbyist from serving on boards and commissions.
Texas – Fort Worth City Manager Apologizes After Reprimanded for Trip with Sundance Square Owners
MSN – Lana Ferguson (Dallas Morning News) | Published: 10/5/2022
Fort Worth City Manager David Cooke was publicly reprimanded for taking a trip to Colorado on a private plane with Ed and Sasha Bass. Some argue the trip was, in part, to promote the city, but Cooke said it was a “personal trip with friends.” Cooke will remain in his role but must recuse himself from all city business tied to Sundance Square, which the Basses own, and the Downtown Public Improvement District. Mayor Mattie Parker and the city council said Cooke’s decision to take the Labor Day weekend trip to Aspen showed “questionable judgement” and that, when asked about it, he “exercised poor communication to the public.”
Virginia – IT Issues Stall Voter-Records Processing for 107,000 in Virginia
MSN – Laura Vozzella (Washington Post) | Published: 10/5/2022
Local registrars across Virginia began scrambling to process about 107,000 voter records dumped on them overnight by the state Department of Elections, where computer network failures had left applications in limbo for months. Gov. Glenn Youngkin’s office blamed unspecified technical problems for the backlog, which affected new voter registration applications, address updates, and other changes submitted through the Department of Motor Vehicles. Registrars do not face a hard deadline for processing registrations, but state law requires they notify voters of their polling place 15 days before an election.
Virginia – Virginia Paid Governor Youngkin’s Political Ad Agency $268K to Make a Tourism Ad – Featuring Youngkin.
Richmond Times-Dispatch – Patrick Wilson | Published: 10/5/2022
The political advertising agency behind Glenn Youngkin’s successful bid for Virginia governor, which created his branding, received a $268,600 contract from a state agency to produce a tourism video that heavily features Youngkin himself. The ad will appear in Virginia’s airports and welcome centers at a time when the governor is considering a run for president and is seeking to boost his national image. Poolhouse specializes in digital advertising for GOP candidates. It was formed in 2013 and has never performed marketing work for the state before the Youngkin tourism advertisement.
September 30, 2022 •
News You Can Use Digest – September 30, 2022
National/Federal Brooklyn’s Library Moves to Slip Books Through Red State Bans MSN – Madina Touré (Politico) | Published: 9/24/2022 The front line of America’s culture war now runs straight through the nation’s school libraries, with conservatives in dozens of states outlawing […]
National/Federal
Brooklyn’s Library Moves to Slip Books Through Red State Bans
MSN – Madina Touré (Politico) | Published: 9/24/2022
The front line of America’s culture war now runs straight through the nation’s school libraries, with conservatives in dozens of states outlawing books and instruction and the left working to shield targeted authors. Organizations in deep-blue New York are stepping into the fray by directly lending 25,000 books to non-residents since spring, including thousands of students living under the bans. Hundreds of titles have been shelved in nearly 3,000 schools across 26 states, according to the nonprofit free speech group PEN America.
D.C. Court Asked to Decide If Trump Denied Rape Claim as Part of Job
MSN – Rachel Weiner (Washington Post) | Published: 9/27/2022
A federal appeals court panel asked the District of Columbia’s highest court to decide whether Donald Trump was acting within the scope of his job as president when he denied a rape allegation dating back to the 1990s, a pivotal question that will determine whether the woman can keep pursuing a defamation lawsuit against him. A three-judge panel on the U.S. Court of Appeals for the Second Circuit overturned portions of a federal judge’s previous ruling allowing columnist E. Jean Carroll to pursue a defamation case against Trump over his denials of her rape allegation.
How Kevin McCarthy’s Political Machine Worked to Sway the GOP Field
Raleigh News and Observer – Michael Scherer, Josh Dawsey, Isaac Arnsdorf, and Marianna Sotomayor (Washington Post) | Published: 9/27/2022
The political machine around U.S. House Minority Leader Kevin McCarthy has spent millions of dollars this year in a sometimes secretive effort to systematically weed out Republican candidates who could either cause McCarthy trouble if he becomes speaker or jeopardize GOP victories in districts where a more moderate candidate might have a better chance at winning. The allies close to McCarthy have sometimes taken steps to conceal their efforts with money passing from top GOP donors through organizations that do not disclose their donors or have limited public records, federal disclosures show.
In a Big Jan. 6 Case, Oath Keepers Go on Trial for Seditious Conspiracy
NPR – Ryan Lucas | Published: 9/27/2022
In the highest-profile prosecution so far stemming from the attack on the U.S. Capitol, the founder of the Oath Keepers and four other individuals linked to the far-right, anti-government group are on trial, facing seditious conspiracy and other charges stemming from the deadly assault. Stewart Rhodes, who established the Oath Keepers in 2009, and his co-defendants are accused of spending months recruiting, training, and conspiring to use force to prevent the transfer of presidential power to Joe Biden. Prosecutors allege the plot included stashing guns just outside Washington, D.C for a quick reaction force to rush into the city if necessary.
Inside the Civil Rights Campaign to Get Big Tech to Fight the ‘Big Lie’
MSN – Naomi Nix (Washington Post) | Published: 9/22/2022
A coalition of five dozen civil rights organizations is criticizing Silicon Valley’s biggest social media companies for not taking more aggressive measures to counter election misinformation on their platforms in the months leading up to November’s midterm elections. Comments by civil rights activists shed light on the political pressures tech companies face behind the scenes as they make high-stakes decisions about which potentially rule-breaking posts to leave up or take down in a campaign season in which hundreds of congressional seats are up for grabs.
Lawmakers, Challengers Plan Fundraising Blitz Ahead of Friday Deadline
MSN – Kate Ackley (Roll Call) | Published: 9/28/2022
Lawmakers and challengers are planning a fundraising blitz ahead of the quarterly deadline, the last big one before the November midterms, which are on track to be the priciest nonpresidential cycle yet. The onslaught of appeals includes desperate-sounding emails, as well as more than 100 in-person events for members of both parties to raise campaign money from K Street lobbyists and PAC donors while Congress is in session. The uncertainty of which parties will control the Senate and House next year has helped to motivate donors.
Nancy Pelosi’s Congressional Stock Trading Ban Has a Massive Blind Trust Loophole and Is Too Broad, Ethics Experts Warn
MSN – Bryan Metzger (Business Insider) | Published: 9/28/2022
House Democratic leaders have released the text of a bill that would ban members of Congress, senior congressional staff, Supreme Court justices, and members of the executive branch from owning or trading individual stocks. Ethics experts are already warning that the bill, called the Combatting Financial Conflicts of Interest in Government Act, has a major flaw when it comes to blind trusts. The Project on Government Oversight noted a provision that allows for the creation of blind trusts that do not comply with existing regulations currently outlined in the Ethics in Government Act, which the bill would amend.
Project Veritas Loses Jury Verdict to Democratic Consulting Firm
MSN – Jonathan Stempel (Reuters) | Published: 9/23/2022
A federal jury found Project Veritas, a conservative group often accused of using deceptive tactics, liable for violating wiretapping laws and misrepresenting itself in an undercover effort to target Democratic political consultants. Democracy Partners claimed it had been infiltrated by a Project Veritas operative who lied about her name and background to obtain an internship during the 2016 presidential campaign, and secretly recorded conversations while working there.
Rep. Lauren Boebert’s Campaign May Be Violating Election Law in Trying to Sell Her
MSN – Zach Everson (Forbes) | Published: 9/27/2022
U.S. Rep. Lauren Boebert’s campaign has placed advertisements directing supporters to buy her new memoir from retailers, an arrangement that may violate campaign finance laws. Boebert’s ad on WinRed directs supporters to buy her books from retailers like Amazon, which could theoretically lead to royalties. A spokesperson for Boebert’s campaign said the ad follows previous guidance from the FEC but a campaign finance law expert, Brett Kappel, disagrees.
Republicans Block Probe of Contributions by Chinese Elites to Trump PAC Through Spa Operator
MSN – Sheridan Wall (McClatchy) | Published: 9/27/2022
Campaign finance complaints against an Asian day-spa operator from South Florida who allegedly funneled contributions from Chinese elites, likely including foreign nationals, to a campaign committee backing then-President Trump have been dismissed. The action by the FEC came despite a staff finding that laws likely were broken. A Miami Herald investigation found that over an 18-month period, Yang published online ads targeting overseas clients – mostly from China – promoting Trump fundraisers as opportunities to mingle with the then-president, his family, and other top Republicans.
Supreme Court to Hear 2 Cases with Major Implications for 2024
MSN – Zach Montellaro (Politico) | Published: 9/29/2022
The U.S. Supreme Court will consider a case out of North Carolina that asks the justices to revoke the ability of state courts to review election laws under their states’ constitutions. A validation of the so-called Independent State Legislature theory underpinning the case could reshape American elections. Another case from Alabama involves a challenge to the state’s congressional map and whether Black voters’ power was illegally diluted. The result could kick back open congressional redistricting in several states two years after the entire nation went through a redraw.
Top State Judges Make a Rare Plea in a Momentous Supreme Court Election Case
DNyuz – Adam Liptak (New York Times) | Published: 9/26/2022
The Conference of Chief Justices, a group representing the top state judicial officers in the nation, filed a brief in the U.S. Supreme Court in a politically charged election-law case. The brief urged the court to reject a legal theory pressed by Republicans that would give state Legislatures extraordinary power. If the Supreme Court adopts the theory, it will radically reshape how federal elections are conducted by giving state lawmakers independent authority, not subject to review by state courts, to set election rules in conflict with state constitution.
Trump Lawyers Argue to Limit White House Aides’ Testimony to Jan. 6 Grand Jury
MSN – Jacqueline Alemany, Spencer Hsu, Devlin Barrett, and Josh Dawsey (Washington Post) | Published: 9/23/2022
Lawyers for former President Trump have entered a high-stakes legal battle seeking to limit the scope of former top White House aides’ testimony to a federal grand jury that is investigating efforts to overturn the 2020 elections. The action sets up a potentially precedent-setting struggle that could affect the Justice Department’s investigation of the Capitol attack and address the scope of a former president’s assertion of executive or attorney-client privilege to preserve the confidentiality of advisers’ communications.
Trump Objects to Verifying List of Property Seized from Florida Estate – Court Filing
Reuters – Jacqueline Thomsen and Sarah Lynch | Published: 9/29/2022
Lawyers for former President Trump are resisting a federal judge’s instruction to submit a sworn declaration on whether they believe the government’s list of property taken from Trump’s Florida estate is accurate. The former president’s legal team told Judge Raymond Dearie, who is reviewing the materials taken in the federal raid of the Florida property, that they do not believe Dearie has the authority to require them to make such a filing. Trump has repeatedly claimed without evidence that the FBI planted evidence.
From the States and Municipalities
Arizona – Arizona Supreme Court Says Lone Arizona Regulator Bob Burns Can Seek Utility Docs
MSN – Bob Christie (Associated Press) | Published: 9/28/2022
The Arizona commission that regulates utilities cannot prevent a single member from issuing subpoenas to investigate companies the panel oversees, the state Supreme Court ruled. The former commissioner who filed the case, Bob Burns, said the ruling will prevent others on the commission from uniting to shield utilities from scrutiny. Burns has fought for years to get the state’s largest electric utility to acknowledge it spent millions to elect two Arizona Corporation Commission members in the 2014 election.
Arizona – As More States Create Election Integrity Units, Arizona Is a Cautionary Tale
MSN – Beth Reinhard and Yvonne Wingett Sanchez (Washington Post) | Published: 9/26/2022
A Washington Post examination of an endeavor in Arizona to systematically ferret out voter fraud found it has turned up few cases and rather than bolster confidence in elections, the absence of massive fraud has fueled more bogus theories and distrust. Arizona’s experience shows the damaging consequences that can result when public officials use their power to reinforce false claims that voter fraud is a significant issue in American elections.
Arkansas – Arkansas Senate Suspends Clark, Strips Him of Seniority for Filing Frivolous Ethics Complaint
Arkansas Democrat-Gazette – Michael Wickline | Published: 9/27/2022
The Arkansas Senate voted to suspend Sen. Alan Clark and strip him of seniority until the regular session begins on January 9. Clark filed an ethics complaint against Sen. Stephanie Flowers alleging she violated the chamber’s code of ethics by accepting legislative per diem payments for participating by Zoom in the Senate’s regular session meetings in 2021. The Senate found that complaint was frivolous.
California – Despite Scandals, Key California Politicians Glide Toward Reelection. Here’s Why
MSN – Mackenzie Mays and Hannah Wiley (Los Angeles Times) | Published: 9/28/2022
Three of California’s eight statewide constitutional officers up for reelection in November, all Democrats, have had missteps or faced allegations of misconduct during their first four years in office, but voters do not seem to mind. June’s primary election results show all three are likely to cruise to reelection, a phenomenon that political analysts chalk up to the power of incumbency, California’s polarized politics, and voter apathy toward lesser-known offices.
California – Gov. Gavin Newsom Signs Law Inspired by $2 Million Bounty to Influence Insurance Commissioner
MSN – Sophia Bollag (San Francisco Chronicle) | Published: 9/22/2022
Lobbyists in California are prohibited from charging “success fees” for achieving a desired outcome for their clients. But an investigation by The Sacramento Bee earlier this year revealed that loopholes allowed some companies to pay those fees to influence some decisions by state officials without having to report them. Under a new law, paid efforts to influence decisions or approvals by the insurance commissioner and the director of the Department of Managed Health Care are considered lobbying and lobbyists would have to disclose such activity.
Colorado – Colorado Adopts New Contribution Limits for School Board Campaigns
Colorado Politics – Hannah Metzger | Published: 9/23/2022
The Colorado secretary of state’s office adopted new campaign finance regulations to implement contribution limits passed earlier this year. The changes stem from two bills approved during this year’s legislative session and signed into law by Gov. Jared Polis: House Bill 1060, which caps donation amounts made to school board candidates, and House Bill 156, which updates reporting requirements for public officials.
Connecticut – Some Bridgeport Politicians Scored Free Tickets to Sound on Sound
MSN – Brian Lockhart (Connecticut Post) | Published: 9/27/2022
When tens-of-thousands of music lovers convened at Bridgeport’s Seaside Park for the first Sound on Sound music festival, some of the city’s elected leaders and department heads were among them. But unlike those other ticket holders, these officials received free admission. Howard Saffan, the developer of the concert amphitheater and one of the partners behind Sound on Sound, said no official was given free tickets. He said certain individuals, such as the mayor police chief, were all granted “credentials” for access.
Florida – Florida Migrant-Moving Company Gave GOP Cash, Has Ties to DeSantis’ Immigration ‘Czar’ and Rep. Matt Gaetz
MSN – Marc Caputo (NBC News) | Published: 9/22/2022
The air charter company Gov. Ron DeSantis’s administration hired for his controversial migrant-moving program has contributed money to some top allies of the governor and was once legally represented by Rep. Matt Gaetz and his former partner, who is now Florida’s “public safety czar” in charge of immigration policy. The administration has refused to release a copy of the $12 million contract with Vertol Systems Company for its role in administering the “unauthorized alien” program nor will the governor’s office comment on the $1.6 million the firm has received to send migrants to so-called “sanctuary” cities.
Georgia – Georgia to Replace Voting Machines in Coffee County After Alleged Security Breach
MSN – Amy Garder, Emma Brown, and Jon Swaine (Washington Post) | Published: 9/23/2022
Georgia Secretary of State Brad Raffensperger announced he intends to replace some election equipment in a county where forensics experts working last year for pro-Trump attorney Sidney Powell copied virtually every component of the voting system. Some election-security experts have voiced concerns the copying of the Coffee County software, used statewide in Georgia, risks exposing the entire state to hackers, who could use the copied software as a road map to find and exploit vulnerabilities. Raffensperger’s office has said security protocols would make it virtually impossible for votes to be manipulated without detection.
Hawaii – Hawaii Commission Fines Kai Kahele’s Campaign for Illegal Solicitations
Honolulu Civil Beat – Blaze Lovell | Published: 9/22/2022
The Hawaii Campaign Spending Commission fined U.S. Rep. Kai Kahele’s gubernatorial campaign $1,000 for improperly soliciting donations from lists of donors who had contributed to David Ige’s 2014 run for governor. Ige’s office got a complaint from a constituent about a letter from Kahele’s campaign asking for a donation. “I found this [letter] very annoying … how did Kahele get this info?” the message read. The governor’s office forwarded the complaint to campaign spending commission staff, which also obtained the letter from Kahele’s campaign asking for a small-dollar contribution.
Idaho – They’re Women. They’re LDS. And They’re Speaking Their Minds on Politics.
Idaho Capital Sun – Audrey Dutton | Published: 9/28/2022
Many members of the Idaho chapter of Mormon Women for Ethical Government (MWEG) are women who, faithful to a religion that tends to be culturally conservative and Republican-aligned, describe being alarmed by the increasing vitriol and manufactured outrage in the state’s politics. Nationally, MWEG is focused on protecting democracy, bipartisan immigration reform, environmental issues, and anti-racism efforts. Chapters have leeway in what they choose to work on. One rule is some topics are off-limits – same-sex marriage and abortion, for example – because they have proven to be incendiary even in a group that strives for rational debate.
Illinois – ‘Deceptive’ Chicago City Wire Hitting Mailboxes Looks Like a Newspaper. But It’s Really a Conservative Campaign Mailer
Book Club Chicago – Noah Asimow | Published: 9/23/2022
The Chicago City Wire has appeared in thousands of mailboxes in the city and suburbs recently. It looks like any local newspaper, but its content and funders tell a different story. The publication and others like it are a product of Local Government Information Services, which is responsible for dozens of conservative news sites in Illinois. Residents said they did not subscribe to the newspapers but assumed the publications were legitimate. While media law experts said the publications were protected by the First Amendment, they said they were essentially political mailers, intentionally disguised as newspapers.
Kentucky – Officials Testify About Kentucky’s Troubled Campaign Finance Reporting System
Spectrum News – Joe Ragusa | Published: 9/28/2022
State lawmakers said they may cut ties with a company tasked with overhauling Kentucky’s campaign finance reporting system. Sen. Damon Thayer, who sponsored the 2019 legislation requiring online reporting, said he is considering a bill to switch back to paper filing for 2023 so they can bring on a new company to rework the filing system. “This has been a complete and utter failure,” Thayer said. Several lawmakers detailed their individual issues with the system during a legislative committee meeting.
Maine – Defense Contractor Pleads Guilty to Making Illegal Contributions to Sen. Collins 2020 Campaign
Lewiston Sun Journal – Colin Woodard (Portland Press Herald) | Published: 9/28/2022
The former chief executive of a defense firm pleaded guilty to illegally funneling more than $200,000 to U.S. Sen. Susan Collins’ campaign and a PAC that supported her 2020 reelection campaign. Martin Kao, head of the engineering firm Navatek, was charged with violating federal laws prohibiting defense contractors from making such contributions. Prosecutors alleged he and two other company executives had engaged in a conspiracy to funnel the money through family members and a shell company. He pleaded guilty to conspiracy, funneling contributions, and two counts of making false statements to authorities.
Michigan – Slotkin Renting Lansing Condo from Campaign Donor, Business Executive
MLive – Jordyn Hermani | Published: 9/23/2022
U.S. Rep. Elissa Slotkin is reportedly leasing a residency in Lansing from a medical manufacturing firm executive and donor to her congressional campaign. The firm, Niowave, is a business which manufactures medical radioisotopes. Jerry Hollister, a member of Niowave’s board and director of government relations for the firm, is the official owner of the condo which Slotkin is renting according to a copy of the lease. News of this has led for some conservative groups to question the nature of the relationship between Hollister and Slotkin, saying his company has benefitted from her time in office.
Missouri – Former Page Appointee to Plead Guilty to Corruption Charges
MSN – Christine Byers (KSDK) | Published: 9/28/2022
A former high-level political appointee of St. Louis County Executive Sam Page is expected to plead guilty to federal corruption charges involving a COVID-19 relief funds fraud scheme. Tony Weaver, who Page appointed as the change management coordinator at the county Justice Services Center, was indicted along with three St. Louis alderman after an FBI informant wore a wire capturing them involved in a series of alleged schemes. Weaver is accused of participating in a plan to get COVID-19 relief funds for local businesspeople in exchange for a share of the money.
New Mexico – New Mexico Supreme Court Rules Ethics Violation Isn’t Necessarily a Crime
KRQE – Anna Padilla | Published: 9/26/2022
The New Mexico Supreme Court ruled that an ethical violation by a public official is not a crime. Their ruling focused on four high-profile cases that were all charged under a new statute passed by the Legislature. The ruling reverses the appeals court, which stated the ethics legislation created a criminal charge. The Supreme Court were ruling on whether the law was written so loosely that it should not be used as a criminal statute.
New York – Hochul Campaign Hired Son of Donor Tied to $637M ‘Pay-to-Play’ COVID Deal
New Yorl Post – Zach Williams, Bernadette Hogan, and Bruce Golding | Published: 9/28/2022
The son of a major donor to New York Gov. Kathy Hochul was hired by her campaign right around the time his father hosted a fundraiser for the governor and just weeks before the family’s company obtained a deal to sell the state $637 million in overpriced COVID-19 tests. James Tebele began working for Hochul’s campaign as a finance intern in November and appears to have risen in the ranks, or at least pay scale, of her campaign as his father’s fundraising for the governor increased.
New York – Lawsuit Seeks to Strike Key Plank of NY Ethics Law
Albany Times Union – Chris Bragg | Published: 9/26/2022
A lawsuit is seeking to strike down a key provision of New York’s revamped ethics law that Gov. Kathy Hochul has touted as creating greater independence for the state’s new watchdog panel. The lawsuit challenging the new commission’s confirmation process was filed by Gary Lavine, who was nominated to serve by Senate Minority Leader Robert Ortt. Lavine’s nomination was rejected by a panel established to scrutinize candidates. Lavine is seeking a judgment that giving a “committee of private citizens” power to confirm or veto nominees violates three articles of New York’s constitution, including one reserving that confirmation power for the state Senate.
Ohio – Ex-PUCO Chair Sam Randazzo Scores Legal Win as Appeals Court Overturns Order to Seize $8 Million in Assets
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 9/28/2022
A state appeals court panel overturned a lower court order allowing the state attorney general’s office to seize up to $8 million in assets from Sam Randazzo, handing a legal win to the former chairperson of the Public Utilities Commission of Ohio. Randazzo, whom FirstEnergy admitted to paying $4.3 million in bribes, was accused by Attorney General Dave Yost of selling four properties worth a total of $4.8 million and transferring another $500,000 house to his son in order to prevent them from being potentially seized. Franklin County Common Pleas Court Judge Chris Brown agreed to allow Yost’s office to freeze up to $8 million.
Oregon – Portland City Council Hopeful Rene Gonzalez Fires Back at Elections Officials, Demands They Waive $77,000 Fine
Portland Oregonian – Shane Dixon Kavanaugh | Published: 9/27/2022
Portland City Council candidate Rene Gonzalez formally asked elections officials to waive a $77,000 fine, arguing a deeply discounted downtown office space he received from a wealthy supporter does not run afoul of the city’s campaign finance rules. Since May, Gonzalez’s campaign has paid a $250 a month to rent the space Susan Mottet, director of Portland’s Small Donor Elections Program, said that is just a fraction of the $6,900 a month “fair market value” for the office. The unreported, 96 percent discount was also an illegal in-kind contribution under the city’s public matching funds program, alleged Mottet.
Pennsylvania – Final Lobby Order Issued
Pennsylvania Newsroom – Staff | Published: 9/19/2022
The State Ethics Commission fined Cigna $42,700 for violations of Pennsylvania’s lobbying law. The commission found Cigna failed to file on time with the Department of State either a quarterly expense report or statement of failure to meet the reporting threshold for the fourth quarter of 2021.
Pennsylvania – Mayoral Candidate Cherelle Parker Became a Harrisburg Lobbyist Days After Resigning from City Council
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 9/28/2022
Philadelphia’s Home Rule Charter requires city officials to resign from their positions to run for an office other than the one they currently hold. The uncommon “resign to run” rule often puts city council members eyeing the mayor’s office in a difficult position because it means giving up their more than $130,000 salary. Mayoral candidate Cherelle Parker registered as a lobbyist in Harrisburg 12 days after she resigned her council seat. Ethics experts have long criticized the “revolving door” of former elected officials lobbying their former colleagues on behalf of corporate clients shortly after leaving government.
Pennsylvania – Retrial for Philadelphia Councilmember Kenyatta Johnson Set to Begin This Week
WHYY – Aaron Moselle | Published: 9/27/2022
Philadelphia City Councilperson Kenyatta Johnson is on trial again on bribery charges. During the lawmaker’s first trial earlier this year, a judge declared a mistrial, setting up a second proceeding that again threatens to end Johnson’s political career and send him to prison. The case centers on an alleged quid-pro-quo scheme involving Johnson, his wife Dawn Chavous, and two former nonprofit executives. Prosecutors say Johnson accepted nearly $67,000 in bribes from Universal Companies in exchange for political favors that benefited the organization, a developer, and charter school operator.
South Dakota – Noem’s State Plane Use Scrutinized
MSN – Stephen Groves (Associated Press) | Published: 9/24/2022
Several trips in 2019 where South Dakota Gov. Kristi Noem blurred the lines between official travel and attending either family or political events sparked a complaint to the state ethics board, which has referred the matter to the Division of Criminal Investigation. A county prosecutor overseeing the investigation will decide whether the governor broke an untested law enacted by voters in 2006 to rein in questionable use of the state airplane.
Texas – Court Denies Paxton’s Request to Reverse Ruling Preventing AG Voter Fraud Investigations
MSN – Philip Jankowski and Allie Morris (Dallas Morning News) | Published: 9/28/2022
The Texas Court of Criminal Appeals rejected a request from state Attorney General Ken Paxton to reconsider a ruling that has hamstrung his office’s ability to investigate and prosecute election fraud. Judge Scott Walker said granting the attorney general the power to unilaterally prosecute voter fraud violates the separation of powers outlined in the Texas Constitution and “usurps” the power of district and county attorneys.
Washington – Spokane City Council Raises Campaign Contribution Cap to $1,000
Yahoo News – Colin Tiernan (Spokane Spokesman-Review) | Published: 9/27/2022
The Spokane City Council voted to change city law and raise the individual donor limit from $500 to $1,000. The law had allowed $1,000 donations for races in which a politician spent more than $11,500 of their own money, or a third party spent more than that amount supporting or opposing a candidate. Politicians have had to seek out more donors to fund their campaigns with the $500 cap, city councilperson Zack Zappone said. But he said that increase in donors has been overshadowed by an increase in independent expenditures.
September 23, 2022 •
News You Can Use Digest – September 23, 2022
National/Federal A Landmark Supreme Court Fight Over Social Media Now Looks Likely MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 9/19/2022 Conflicting lower court rulings about removing controversial material from social media platforms point toward a landmark U.S. […]
National/Federal
A Landmark Supreme Court Fight Over Social Media Now Looks Likely
MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 9/19/2022
Conflicting lower court rulings about removing controversial material from social media platforms point toward a landmark U.S. Supreme Court decision on whether the First Amendment protects tech companies’ editorial discretion or forbids its censorship of unpopular views. The stakes are high not just for government and the companies, but because of the increasingly dominant role platforms such as Twitter and Facebook play in American democracy and elections. Social media posts have the potential to amplify disinformation or hateful speech, but removal of controversial viewpoints can stifle public discourse about important political issues.
Appeals Court: Justice Dept. can use Mar-a-Lago documents in criminal probe
MSN – Devlin Barrett (Washington Post) | Published: 9/21/2022
An appeals court sided with the Justice Department in a legal fight over classified documents seized in a court-authorized search of former president Donald Trump’s Mar-a-Lago estate, ruling the FBI may use the documents in its ongoing criminal investigation. The decision by a three-judge panel of the appeals court marks a victory for the Justice Department in its legal battle with Trump over access to the evidence to determine if the former president or his advisers mishandled national security secrets or hid or destroyed government records.
Apple Flexes Muscle as Quiet Power Behind App Group
Yahoo News – Emily Birnbaum (Bloomberg) | Published: 9/19/2022
The APP Association brands itself as the leading voice for thousands of app developers around the world. The majority of its funding comes from Apple, however. The tech giant is not a member of the association, but it plays a dominant behind-the-scenes role shaping the group’s policy positions, according to four former App Association employees. In fact, critics note, the association’s lobbying agenda tracks closely with Apple’s even when it is at odds with app developers, the companies that make the individual games and programs that run on Apple’s iPhone and other devices.
DeSantis Draft Effort Pushes Ahead After Campaign Finance Watchdog Deadlocks
MSN – Zach Montellaro (Politico) | Published: 9/15/2022
An effort to draft Florida Gov. Ron DeSantis into the 2024 presidential race promised to proceed with an unusual attempt to boost his would-be campaign, after the FEC deadlocked on a request for guidance about whether the strategy was legal. Ready for Ron is a federal PAC that wants to build a list of up to 1 million people urging DeSantis to run. But with those names, the group wants to deliver would-be supporters’ email addresses and phone numbers to DeSantis. The FEC has said candidates can rent or buy supporter lists compiled by other groups, but they cannot accept something of such value as a gift without breaking contribution limits.
Fugitive in Massive Navy Bribery Case Caught in Venezuela
Yahoo News – Associated Press | Published: 9/22/2022
Leonard Francis, a Malaysian defense contractor nicknamed “Fat Leonard” who orchestrated one of the largest bribery scandals in U.S. military history, was arrested in Venezuela after fleeing before his sentencing. The arrest came on the eve of his scheduled sentencing in a federal court for a bribery scheme that lasted more than a decade and involved dozens of U.S. Navy officers. The U.S. government faces an uphill challenge returning the fugitive back to American soil.
Gaetz Sought Pardon Related to Justice Department Sex Trafficking Probe
MSN – Jacqueline Alemany and Amy Gardner (Washington Post) | Published: 9/17/2022
U.S. Rep. Matt Gaetz told a former White House aide that he was seeking a preemptive pardon from then-President Trump regarding an investigation in which he is a target, according to testimony given to the House select committee investigating the attack on the Capitol. Asked by investigators if Gaetz’s request for a pardon was in the context of the Justice Department investigation into whether he violated federal sex trafficking laws, Johnny McEntee replied, “I think that was the context, yes,” according to people familiar with the testimony.
Greg Norman Finds Friendly Faces, Harsh Criticism on Capitol Hill Trip
MSN – Rick Maese (Washington Post) | Published: 9/21/2022
As a federal antitrust case winds its way through the court system, LIV Golf chief executive Greg Norman visited Capitol Hill, receiving mixed reviews from lawmakers as he tried to sell them on his breakaway tour that has upended the golf word. While some lawmakers seemed receptive to Norman, others questioned LIV Golf’s Saudi financing and said Congress should not spend time intervening in a business dispute between LIV Golf and the PGA Tour. LIV Golf and seven of its golfers have sued the PGA Tour, saying it violated antitrust laws, allegations the Justice Department is also reportedly probing.
House Passes Bill to Prevent Efforts to Subvert Presidential Election Results
MSN – Amy Wang (Washington Post) | Published: 9/21/2022
The House passed an electoral reform bill that seeks to prevent presidents from trying to overturn election results through Congress, the first vote on such an effort since the January 6, 2021, attack on the Capitol by a pro-Trump mob seeking to stop the certification of Joe Biden’s electoral win. The Presidential Election Reform Act would clearly reaffirm the vice president has no role in validating a presidential election beyond acting as a figurehead who oversees the counting process, barring that person from changing the results.
Jan. 6 Committee Reaches Deal with Ginni Thomas for an Interview
MSN – Jacqueline Alemany and Azi Paybarah (Washington Post) | Published: 9/21/2022
The House select committee investigating the Capitol insurrection reached an agreement with Virginia Thomas, the wife of Supreme Court Justice Clarence Thomas, to be interviewed by the panel in coming weeks. Virginia Thomas, a longtime conservative activist, pushed lawmakers and top Republican officials to overturn Joe Biden’s victory in the 2020 presidential election, citing baseless claims of widespread voter fraud.
Old Money: How retirees are funding and fueling political candidates unlike ever before
Yahoo News – Madison Hall (Business Insider) | Published: 9/20/2022
Retirees are becoming one of the most powerful financial forces in politics as they spend their savings to fuel federal-level campaigns. By the 2020 election cycle, retirees accounted for more than 20 percent of contributions, amounting to more than $378 million. Retirees’ expanded influence coincides with the rapid increase in politicians fundraising by email and text message – and targeting older Americans with never-ending solicitations. Older Americans, many of whom are retired, tend to be more engaged politically and represent a larger share of each party’s base, said Sheila Krumholz, executive director at OpenSecrets.
Senate Republicans Block Bill to Require Disclosure of ‘Dark Money’ Donors
MSN – Amy Wang (Washington Post) | Published: 9/22/2022
Senate Republicans blocked legislation that would have required super PACs and other groups to disclose donors who give $10,000 or more during an election cycle, a blow to Democrats’ efforts to reform campaign finance laws. Spending in election cycles by corporations and the ultrawealthy through so-called dark money groups has skyrocketed since the 2010 Supreme Court decision Citizens United v. FEC, which allowed incorporated entities and labor unions to spend unlimited amounts of money to promote or attack candidates.
The ‘Cost’ of Voting in America: A look at where it’s easiest and hardest
Seattle Times – Nick Corasaniti and Allison McCann (New York Times) | Published: 9/21/2022
A new study ranks all 50 states based on the overall investment a resident must make, in time and resources, to vote. The 2022 edition of the Cost of Voting Index, a nonpartisan academic study that seeks to cut through the politics of voting access, focused on 10 categories related to voting, including registration, inconvenience, early voting, polling hours, and absentee voting. The study’s emphasis on early-voting options meant states like Washington and Oregon, where voting is conducted entirely by mail, ended up at the top of the rankings.
TikTok to Ban Campaign Fundraising, Require Verification for Political Accounts
MSN – Gina Martinez (CBS News) | Published: 9/21/2022
TikTok announced it is banning campaign fundraising on its platform. It also announced new policies for political accounts, including “mandatory verification.” The ban will include videos asking for donations, and videos from political parties directing people to a contribution page on their website. Verification will ensure that anyone watching content belonging to a government, politician, or political party account will know that the account is “genuine” and the source is “authentic.”
Trump Adviser’s Trial May Shed Light on Foreign Influence Campaigns
MSN – Rebecca Davis O’Brien (New York Times) | Published: 9/19/2022
The trial of Thomas Barrack, an informal adviser to former President Trump accused of acting as an unregistered agent of the United Arab Emirates, could shed light on how foreign governments jockeyed for access to the Trump administration, efforts that may have created lucrative opportunities for businesspeople close to the White House. Prosecutors have accused Barrack of using his sway with Trump to advance the interests of the Emiratis and of serving as a secret back channel for communications without disclosing his efforts to the attorney general, as the government contends that he should have.
From the States and Municipalities
Arizona – 14 AZ Lawmakers Took 9-Day Europe Trip Sponsored in Part by Lobbyists and More Are Coming
MSN – Ray Stern (Arizona Republic) | Published: 9/18/2022
Fourteen Arizona lawmakers took a free trip to Germany recently, where they met government and business officials. Lobbyist firms and taxpayers funded the lawmakers’ expenses as part of a state House international relations program. The trip may have had trade benefits, but lawmakers should still take care to avoid the perception they are receiving gifts that could influence their policy making, said John Pelissero of the Markula Center for Applied Ethics. The number of lawmakers and that they could take their spouses seemed excessive to Pelissero, who called the trip a “junket.”
California – Former USC Dean Admits to Arranging Bribery Payment for Mark Ridley-Thomas
Yahoo News – Michael Finnegan and Matt Hamilton (Los Angeles Times) | Published: 9/15/2022
A former University of Southern California dean agreed to plead guilty to bribery, admitting she arranged an illicit $100,000 payment for Mark Ridley-Thomas when he was on the Los Angeles County Board of Supervisors in return for a university contract with the county. Marilyn Flynn’s admission of guilt strikes a major blow to Ridley-Thomas, now a Los Angeles city council member who has been suspended while he defends against federal charges of bribery, fraud, and conspiracy. Flynn’s plea also reduces the likelihood that evidence related to U.S. Rep. Karen Bass, the front-runner in the race for Los Angeles mayor, would get a public airing at trial.
California – Gov. Gavin Newsom Strips Fresno County Supervisors’ Power to Draw Election Lines
Sacramento Bee – Juan Esparza Loera | Published: 9/19/2022
Gov. Gavin Newsom signed legislation to give redistricting duties in Fresno County to a 14-member commission. Assemblyperson Joaquín Arámbula said it was the only way to ensure the Latino community gets a fair chance at political representation after the next census. Arámbula and community organizations said county supervisors cannot be trusted to draw fair and equitable districts because supervisorial districts have changed little despite a spike in Latino population.
California – Legal Pot Spawned a Wave of Corruption, Threats and Secret Financial Deals for Politicians
MSN – Adam Elmahrek, Robert Lopez, and Ruben Vives (Los Angeles Times) | Published: 9/15/2022
California’s decision to legalize recreational cannabis ushered in a multibillion-dollar commercial market that officials in many small, struggling communities hoped would bring new jobs and an infusion of tax revenue. But the advent of commercial marijuana unleashed a wave of corruption that has rocked local governments across the state and left them with few effective tools to combat the problem. The industry has donated campaign money to local government officials as cannabis became a powerful special interest. Lobbyists and others say bribery and shakedowns have become so commonplace in licensing that it feels like a normal part of doing business.
California – Santa Clara Mayor Asks Newsom to Give Campaign Donor a Break
San Jose Spotlight – Joseph Geha | Published: 9/21/2022
Santa Clara Mayor Lisa Gillmor lobbied California Gov. Gavin Newsom to help a major real estate firm save money on the largest mixed-use development planned in the state, months before the developer made a six-figure donation to her campaign. Gillmor advocated that Related Companies should not be required to pay prevailing wages to workers. Related formed a local PAC to support Gillmor as she runs for reelection and funded it with $100,000. Executives from the company also donated to Gillmor’s mayoral election campaign in 2018, two years after the project was approved by the city council.
California – Trial of Corruption Case Against California Sheriff to Begin
Yahoo News – Associated Press | Published: 9/21/2022
A longtime San Francisco Bay Area sheriff is on trial on public corruption allegations involving her office’s granting of concealed-carry weapons permits and costly jail mismanagement. The unusual case against Santa Clara County Sheriff Laurie Smith is a civil process to seek removal of an elected official but is similar to a criminal case. The trial follows an investigation into allegations that Smith’s office traded concealed weapons permits for donations to her reelection campaign and mismanaged the jails, where mentally ill inmates died or were injured.
Florida – Jury Awards $3 Million to Garbage Contractor in Opa-locka Corruption Lawsuit
MSN – Tess Riski (Miami Herald) | Published: 9/20/2022
A jury awarded a $3 million judgment to a garbage contractor that sued Opa-locka in 2017 alleging corruption and extortion in a city that has for years been plagued with financial and political turmoil. Jurors found the city failed to act in good faith with Universal Waste Services of Florida (UWS). Representatives of UWS made accusations of extortion against former city Commissioner Terence Pinder, who died in an apparent suicide in 2016, two days before he was scheduled to turn himself in on state bribery charges.
Florida – Migrants Flown to Martha’s Vineyard File Class-Action Lawsuit Against DeSantis
MSN – Amy Wang (Washington Post) | Published: 9/20/2022
A group of Venezuelan migrants who were flown from Texas to Martha’s Vineyard – allegedly after being falsely promised work and other services – filed a class-action lawsuit against Florida Gov. Ron DeSantis and other officials who arranged the flights, saying the officials used fraud and misrepresentation to persuade them to travel across state lines. The migrants are seeking unspecified damages, as well as the cost of their legal fees, for emotional and economic harm.
Georgia – Georgia 2020 Election Inquiry May Lead to Prison Sentences, Prosecutor Says
MSN – Matthew Brown and Tom Hamburger (Washington Post) | Published: 9/15/2022
Fulton County District Attorney Fani Willis, the prosecutor investigating efforts by Donald Trump and his allies to challenge the 2020 election results in Georgia, said her team has heard credible allegations that serious crimes have been committed and she believes some individuals may see jail time. At least 17 people have been notified they are targets of the criminal investigation, meaning they could eventually face charges. More targets will be added to the list soon, Willis said.
Georgia – Video Shows Trump Allies Handling Georgia Voting Equipment
Yahoo News – Danny Hakim, Richard Fausset, and Nick Corasaniti (New York Times) | Published: 9/20/2022
Newly released videos show allies of former President Trump and contractors who were working on his behalf handling sensitive voting equipment in a rural Georgia county weeks after the 2020 election. The footage, which was made public as part of litigation over Georgia’s voting system, raises new questions about efforts by Trump affiliates in a number of swing states to gain access to and copy sensitive election software, with the help of friendly local election administrators.
Illinois – State Sen. Emil Jones III Took Bribes from Red-Light Camera Company, Lied to Feds: Charges
WTTW – Heather Cherone | Published: 9/20/2022
Federal prosecutors charged Illinois Sen. Emil Jones III with three felonies, alleging he took a bribe from a firm that installed red-light cameras throughout the state and lied to Federal Bureau of Investigation agents. After being approached by a former executive for Safe Speed, the red-light company, who was cooperating with law enforcement, Jones agreed to limit the scope of his bill to study red-light cameras only in Chicago, where the firm did not operate, prosecutors say. In return, the executive agreed to pay Jones $5,000 and to provide a job to an unidentified associate of Jones.
Maryland – Opinion Says Nash’s Lobbying Violated City Ethics Ordinance
Yahoo News – Ryan Marshall (Frederick News-Post) | Published: 9/16/2022
Frederick Alderwoman Katie Nash violated the city’s ethics rules by lobbying on behalf of a firefighter union’s concerns about county emergency services coverage in the city, an Ethics Commission ruled. Nash, a lobbyist registered with the state, improperly emailed people, including coordinators for various Neighborhood Advisory Councils, encouraging them to raise concerns with the county about plans to shift coverage of paramedic services in parts of the city, according to the opinion. Nash was a paid lobbyist for the International Association of Firefighters Local 3666 when she sent out emails and press releases.
Michigan – Former Macomb Public Works Boss Marrocco Pleads Guilty in Corruption Probe
Yahoo News – Christina Hall (Detroit Free Press) | Published: 9/20/2022
Former Macomb County Public Works Commissioner Anthony Marrocco pleaded guilty to attempted extortion in federal court in a yearslong corruption probe that netted more than 20 other people. Prosecutors alleged he used an aide and others to shake down builders and contractors for donations to his fundraisers. If they did not contribute, the indictment said, Marrocco retaliated by holding up building permits, denying payment to vendors, and refusing to award contracts to firms. The charge to which he pleaded guilty carries up to 20 years in prison and a fine up to $250,000.
Michigan – Here’s the Punishment for Warren Councilman Who Handcuffed Woman over BLM Stickers
Yahoo News – Christina Hall (Detroit Free Press) | Published: 9/19/2022
Warren City Councilperson Edward Kabacinski pleaded no contest to disturbing the peace and was sentenced to one-year probation for his actions toward a woman at a rally for then-President Trump. Kabacinski was charged in October 2020 with assault and battery and impersonating a police officer when he chased a woman and handcuffed her after she put a Black Lives Matter sticker on a Trump sign during a protest. Kabacinski claimed he is a former military police officer and federal law allows him to detain those who breach the peace or break the law. The woman was not facing criminal charges.
New Hampshire – New Hampshire GOP Senate Nominee Abruptly Backs Off False 2020 Election Claims
MSN – Gregory Krieg and Dan Merica (CNN) | Published: 9/15/2022
U.S. Senate candidate Don Bolduc won the Republican nomination in New Hampshire after months campaigning on false claims the 2020 election was stolen from former President Trump. A little more than a day after the primary, he attempted an about-face. “I’ve come to the conclusion, and I want to be definitive on this: the election was not stolen,” Bolduc said. He is not the only GOP candidate who has tried to temper, or erase, hardline positions as the general-election environment starts to look less favorable for the party.
New Jersey – When George Gilmore’s Public Work Dried Up, an Ally Gave His Wife a Job with Engineering Firm
Yahoo News – Matt Friedman (Politico) | Published: 9/19/2022
When Ocean County Republican Party Chairperson George Gilmore was convicted on three federal tax charges in 2019, it did not just cost him his political leadership post. His work with public entities also dried up. Gilmore’s now-defunct law firm, Gilmore & Monahan, had made between $2 million and $3 million in public contracts annually between 2012 and 2018. He resigned from another job at the lobbying firm 1868 Public Affairs. But after Gilmore’s conviction, a political ally founded Morgan Municipal Services, a new division to expand the firm’s work in the public sector. It counted Gilmore’s wife as one of its three founding partners.
New Mexico – NM Senator Defends His Reputation While Policy Silences the People Accusing Him of Misconduct
Source NM – Shaun Griswold | Published: 9/19/2022
New Mexico Sen. Daniel Ivey-Soto said the sexual harassment complaint filed against him is closed. But outrage continues to grow, as everyone involved calls for reform of statehouse procedures shrouded in secrecy. The lobbyist who came forward with the initial complaint says her First Amendment rights have been violated because of the confidentiality rules about who is allowed to speak about the matter publicly. After the findings in the misconduct investigation were leaked, Ivey-Soto contacted the FBI about what he says is extortion.
New York – Donald Trump, 3 of His Children Accused of Business Fraud by New York AG
MSN – Shayna Jacobs and Jonathan O’Connell (Washington Post) | Published: 9/21/2022
New York Attorney General Letitia James filed a lawsuit accusing Donald Trump, three of his grown children, and executives at his company of manipulating asset valuations to deceive lenders, insurance brokers, and tax authorities into giving them better loan and insurance policy rates and reduce their tax liability. The complaint asks the state Supreme Court to bar the former president, Ivanka Trump, Donald Trump Jr., and Eric Trump from serving as executives at any company in New York, and to bar the Trump Organization from acquiring commercial real estate or receiving loans from a New York-registered financial institution for five years.
New York – Executive Threw Hochul Fundraiser Weeks Before Landing $637M Deal
Albany Times Union – Chris Bragg | Published: 9/20/2022
New York Gov. Kathy Hochul maintains that when her administration paid a vendor $637 million last winter for COVID-19 tests, she was unaware the recipient was a campaign donor. Yet a month before the administration struck the deals, the company’s founder threw an in-person campaign fundraiser for Hochul. The deal was enabled by the governor’s revived suspension of competitive bidding rules for the administration’s purchase of COVID-19 supplies. Through an emergency executive order, Hochul suspended those rules four days after the fundraiser.
Oregon – Oregon’s Nonaffiliated Candidates Face Long Odds Making It onto the Ballot
Oregon Capital Chronicle – Julia Shumway | Published: 9/20/2022
Democratic and Republican candidates in Oregon pay a fee ranging from $25 to $150 and fill out a two-page form to compete in a primary. Minor party candidates are nominated separately by their parties, through conventions or party-run primaries. But non-affiliated candidates must collect petition signatures from hundreds or thousands of voters, depending on the office. Efforts to change Oregon’s election system are again afoot, with a coalition launching its petition drive for a constitutional amendment to open primaries. Nearly 41 percent of Oregon voters are ineligible to vote in primaries because they are nonaffiliated or registered with a minor party.
Oregon – Portland Elections Program Hits Council Candidate Rene Gonzalez with $77,000 Fine for Discounted Office Space
OPB – Rebecca Ellis | Published: 9/21/2022
Portland City Council hopeful Rene Gonzalez was fined for accepting and failing to report a steep discount on rent on his campaign office. The $77,000 fine, the biggest ever issued by the city’s Small Donor Elections program, stems from an unreported in-kind contribution Gonzalez is accused of accepting from the company, which is owned by Jordan Schnitzer, who personally gave $250 to Gonzalez in May. Program Director Susan Mottet said a normal tenant would have been asked to pay $6,900 per month for the over 3,000 square feet of space. Since May, Gonzalez’s campaign only had to pay $250 per month.
Pennsylvania – Philly’s Board of Ethics Voted to Close a Loophole that Super PACs Use to Get Instructions from Campaigns
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 9/21/2022
The Philadelphia Board of Ethics voted to ban the strategy known as “redboxing,” in which candidates send indirect signals to independent expenditure campaigns like super PACs that can raise unlimited amounts of money but are not allowed to coordinate with campaigns. Candidates do that by publicly stating the strategic needs of their campaigns, and some in recent federal elections have put those instructions in red boxes on their campaign websites to guide super PACs buying advertisements on their behalf. The statements use lightly coded language to inform the PACs on what the campaign wants.
Pennsylvania – Skill Games Company Woos Pa. Lawmakers with Trips to Wild Wyoming Rodeo
Spotlight PA – Angela Couloumbis | Published: 9/19/2022
This past summer, a select group of Pennsylvania legislators, including House Majority Leader Kerry Benninghoff, got to experience the Cheyenne Frontier Days, the premier summer festival in Wyoming that bills itself as the world’s largest outdoor rodeo and Western celebration, courtesy of Pace-O-Matic. The company makes skill games that currently generate millions of dollars in revenue and, in Pennsylvania, operate in a legal and regulatory gray area, one the Legislature will play a key role in defining. For some of the lawmakers, it was an all-expenses-paid experience.
South Dakota – Ethics Board Keeps ‘Action’ Secret on Complaint Against Noem
MSN – Stephen Groves (Associated Press) | Published: 9/20/2022
The Government Accountability Board will not publicly disclose the “appropriate action” it took after finding evidence South Dakota Gov. Kristi Noem intervened with a state agency to influence her daughter’s application for a real estate appraiser license. The board found there was evidence Noem engaged in a conflict-of-interest and malfeasance. A lawyer hired by the board, Mark Haigh, responded to an open records request by saying the board’s response would remain “confidential.” The board has never handled such a high-profile case since its inception in 2017.
Virginia – Virginia Rule on Legislators Leaving Districts Could Add More Intrigue to 2023 Elections
Virginia Mercury – Graham Moomaw | Published: 9/22/2022
After past redistricting cycles, the number of Virginia General Assembly members having to switch districts was kept to a minimum because legislators were allowed to draw careful lines around each other’s homes to avoid doing damage to incumbents. That was not the case last year, when experts appointed by the Virginia Supreme Court effectively reset the state’s legislative maps with little regard for keeping incumbents comfortably installed in conflict-free seats. That means an unusually high number of legislators are facing the prospect of moving to position themselves for the next election cycle.
Virginia – Youngkin’s Restriction on Trans Students’ Rights Is Probably Illegal, Experts Say
MSN – Rachel Weiner (Washington Post) | Published: 9/21/2022
A directive from Virginia Gov. Glenn Youngkin for public schools to restrict the rights of transgender students is either unenforceable or will be struck down in court because it appears to violate both state and federal law, experts and advocates said. The model policies require schools to categorize transgender children by their “biological sex” when it comes to using the bathroom, locker room, and other facilities and participating in activities. They also bar students from adopting a new name or pronouns without parental permission.
September 16, 2022 •
News You Can Use Digest – September 16, 2022
National/Federal A Record Number of Black Candidates for Higher Offices Aim to Reshape U.S. Politics MSN – Tim Craig (Washington Post) | Published: 9/13/2022 A record number of Black men and women are running for U.S. Senate and governor this fall, […]
National/Federal
A Record Number of Black Candidates for Higher Offices Aim to Reshape U.S. Politics
MSN – Tim Craig (Washington Post) | Published: 9/13/2022
A record number of Black men and women are running for U.S. Senate and governor this fall, with the potential to increase diversity in the nation’s top elected offices, which are still overwhelmingly held by White men. Since Reconstruction, voters have elected just seven Black senators and two Black governors. While many of them face tough odds, some have posted strong poll numbers and fundraising totals, waging credible campaigns that challenge long-held attitudes about whether Black candidates can be competitive in statewide races.
Durham Inquiry Appears to Wind Down as Grand Jury Expires
Yahoo News – Katie Benner (New York Times) | Published: 9/14/2022
When John Durham was assigned by the Justice Department to examine the origins of the investigation into the 2016 Trump campaign’s ties to Russia, then-President Trump and his supporters expressed a belief the inquiry would prove a “deep state” conspiracy including top Obama-era officials had worked to sabotage him. Now Durham appears to be winding down his three-year inquiry without anything close to the results Trump was seeking. The grand jury that Durham has recently used to hear evidence has expired, and while he could convene another, there are currently no plans to do so.
FEC Unanimously Rejects Complaints About Zuckerberg’s 2020 Election Grants
MSN – Isaac Stanley-Becker (Washington Post) | Published: 9/8/2022
A unanimous bipartisan vote by the FEC undercut claims about Mark Zuckerberg’s role in the 2020 election that have taken hold among GOP leaders, candidates, and activists. The claims originate in the more than $400 million donated by Zuckerberg, the chief executive and founder of Meta, and his wife to a pair of nonprofits that provided grants aiding state and local governments with election administration in light of the challenges posed by the coronavirus. The funding from Zuckerberg soon became kindling for the firestorm unleashed by former President Trump and his allies as they questioned the legitimacy of the 2020 election.
In Final Primaries, Heated GOP Fights in N.H. Include a Blow to McCarthy
MSN – Colby Itkowitz and David Weigel (Washington Post) | Published: 9/13/2022
The 2022 primaries concluded on a familiar note – with voters in Republican races choosing between far-right, election-denying candidates and more moderate rivals, and party leaders divided in contests factoring into the battle for control of Congress. New Hampshire was one of three states where voters went to the polls, marking the end of this year’s nominating process, along with Rhode Island and Delaware. The primaries allowed voters a final chance to choose party standard-bearers after months of fierce intraparty battles that highlighted divisions on both sides over policy, personality, and ideology, among other things.
Judge Dismisses Trump Lawsuit Against Hillary Clinton Over 2016 Election
MSN – Azi Paybarah (Washington Post) | Published: 9/9/2022
A federal judge dismissed Donald Trump’s lawsuit against former Secretary of State Hillary Clinton, saying there was no basis for the former president to claim Clinton and her allies harmed him with an orchestrated plan to spread false information that his campaign colluded with Russia during the 2016 presidential race. U.S. District Court Judge Donald Middlebrooks noted “glaring structural deficiencies in the plaintiff’s argument” and said, “such pleadings waste judicial resources and are an unacceptable form of establishing a claim for relief.”
Justice Dept. Issues 40 Subpoenas in a Week, Expanding Jan. 6 Inquiry
Seattle Times – Adam Goldman, Glenn Thrush, Alan Feuer, and Maggie Haberman (New York Times) | Published: 9/13/2022
Justice Department officials seized the phones of two top advisers to former President Trump and blanketed his aides with about 40 subpoenas in a substantial escalation of the investigation into his efforts to subvert the 2020 election. The seizure of the phones, coupled with a widening effort to obtain information from those around Trump after the 2020 election, represent some of the most aggressive steps the department has taken thus far in its criminal investigation into the actions that led to the assault on the Capitol by a pro-Trump mob.
Justice Dept. Says It Would Accept Trump’s Candidate for Special Master
MSN – Devlin Barrett and Perry Stein (Washington Post) | Published: 9/12/2022
The Justice Department filed court papers signaling it would accept a former federal judge as a special master charged with reviewing papers seized by the FBI from former President Trump’s Mar-a-Lago residence and club. U.S. District Court Judge Aileen Cannon must approve Raymond Dearie’s appointment. Dearie was proposed by Trump’s lawyers amid a legal battle over whether a special master should review the documents to determine whether any should be kept from federal prosecutors investigating the potential mishandling of classified material and the possible hiding, tampering, or destruction of government records.
Migrants Flown to Martha’s Vineyard as GOP Escalates Immigration Protest
MSN – Ellen Francis (Washington Post) | Published: 9/15/2022
Dozens of migrants arrived by plane in Martha’s Vineyard, as some Republican governors escalate a campaign against President Biden’s border policies by shuttling refugees out of their states and to Democratic-led states or liberal enclaves. Their arrival in the affluent summer resort island in Massachusetts appeared to prompt confusion about where they had come from and how. The communications director for Florida Gov. Ron DeSantis said two flights were part of a state program to relocate undocumented immigrants.
Prosecutors Seek Details from Trump’s PAC in Expanding Jan. 6 Probe
MSN – Josh Dawsey and Isaac Arnsdorf (Washington Post) | Published: 9/8/2022
The Justice Department is seeking details about the formation and operation of Donald Trump’s post-presidential political operation in a significant expansion of the criminal investigation of the attack on the Capitol and efforts to overturn the results of the 2020 election. A federal grand jury sent subpoenas to a wide range of former campaign and White House staffers asking for information about the Save America PAC. Sources described the subpoenas as broad, seeking all documents and communications about opening the PAC and every dollar raised and spent.
Stock Trades Reported by Nearly a Fifth of Congress Show Possible Conflicts
News Inside Era – Kate Kelley, Adam Playford, and Alicia Parlapiano (New York Times) | Published: 9/13/2022
Ninety-seven U.S. senators or representatives who reported trades by themselves or immediate family members in stocks or other financial assets that intersected with the work of committees on which they serve, according to an analysis of trades from 2019 to 2021. The potential for conflicts in stock trading by members of Congress, and their choice so far not to impose stricter limits on themselves, has long drawn criticism, especially when particularly blatant cases emerge. Over the three-year period, more than 3,700 trades reported by lawmakers from both parties posed potential conflicts between their public responsibilities and private finances.
Trump Backers Flood Election Offices with Requests as 2022 Vote Nears
MSN – Amy Gardner and Patrick Marley (Washington Post) | Published: 9/11/2022
Supporters of former President Trump have swamped local election offices across the nation in recent weeks with a coordinated campaign of requests for 2020 voting records, in some cases paralyzing preparations for the fall election season. In nearly two dozen states and scores of counties, election officials are fielding what many describe as an unprecedented wave of public records requests in the final weeks of summer, one they say may be intended to hinder their work and weaken an already strained system.
What Makes State Legislatures Uniquely Prone to Alleged Harassment
MinnPost – Jennifer Gerson (The 19th) | Published: 9/7/2022
Statehouses, a place where the powerful and the less empowered rub shoulders as part of the policy-making process, are a place where abuse and harassment can flourish in the shadows, and consequences are slow to come if they come at all. Dealing with alleged harassment in remains a maze of bureaucratic red tape that, despite efforts to improve processes, has left people in uncomfortable power dynamics or complete inaction after alleged sexual harassment or bullying.
When a Man with a Pistol Shows Up Outside a Congresswoman’s House
MSN – Ruby Kramer (Washington Post) | Published: 9/8/2022
Threats against members of Congress have risen year after year, according to data from the Capitol Police: 9,625 in 2021, up from 3,939 in 2017. Officers logged nearly 2,000 cases in the first three months of this year alone. Among the statistics, there are thousands of stories like that of U.S. Rep. Pramila Jayapal. An armed man who reportedly threatened to kill Jayapal was arrested outside her Seattle home recently. The incident demonstrated to Jayapal how many gaps exist in congressional security.
From the States and Municipalities
Arkansas – Ethics Filing Against Flowers Frivolous, Senate Panel Says; Suspension Recommended for Clark
Arkansas Democrat-Gazette – Michael Wickline | Published: 9/10/2022
The Arkansas Senate Ethics Committee recommended the chamber suspend state Sen. Alan Clark for the rest of this year and strip him of seniority for the rest of this year and the next two years. The committee concluded that Clark’s charges of ethics violations against Sen. Stephanie Flowers were spurious, frivolous, and retaliatory. Clark filed a complaint against Flowers alleging she violated the Senate’s code of ethics by accepting legislative per diem payments for participating by Zoom in the Senate’s regular session meetings in 2021.
California – Anaheim Council Tightens Lobbyist Rules
MSN – Alicia Robinson (Orange County Register) | Published: 9/14/2022
Anaheim City Council members voted unanimously to support an ordinance tightening lobbyist regulations. Acting as a lobbyist but failing to register with the city, not filing disclosure reports as required, or filing inaccurate reports could result in a misdemeanor charge under the proposed rules. A second vote is required for the new rules to become law. Registered lobbyists will also have to attest under penalty of perjury their reports are true and accurate; perjury is a felony charge under state law.
California – Karen Bass Got a USC Degree for Free. It’s Now Pulling Her into a Federal Corruption Case
MSN – Matthew Brown (Los Angeles Times) | Published: 9/7/2022
A full tuition scholarship to the University of Southern California (USC) led to the indictment of former Los Angeles County Supervisor Mark Ridley-Thomas and the former dean of USC’s social work program, Marilyn Flynn, on bribery and fraud charges. Another scholarship recipient, U.S. Rep. Karen Bass, is the leading contender to be the next mayor of Los Angeles. Federal prosecutors have not indicated Bass is under a criminal investigation. But prosecutors have now declared that Bass’ scholarship and her dealings with USC are “critical” to their bribery case and to their broader portrayal of corruption in the university’s social work program.
California – L.A. County Supervisor Sheila Kuehl’s Home Searched by Sheriff’s Investigators
Yahoo News – Alene Tchekmedyian (Los Angeles Times) | Published: 9/14/2022
Los Angeles County sheriff’s investigators searched the house of county Supervisor Sheila Kuehl as part of a criminal investigation into a county contract awarded to a nonprofit organization. A copy of the warrant showed the search was tied to an ongoing probe into Peace Over Violence, a nonprofit run by Patti Giggans, a member of the Sheriff Civilian Oversight Commission and a close friend to Kuehl. Both Kuehl and Giggans have clashed with Sheriff Alex Villanueva and called for his resignation.
California – Voters Push to Take Local Redistricting from Politicians
CalMatters – Sameea Kamal | Published: 9/14/2022
California’s independent redistricting commission has received generally good reviews for its new maps that voters are using to elect legislators and members of Congress in November. But voters who say they are disenfranchised want similar panels to draw their local districts. Three bills on California Gov. Gavin Newsom’s desk would overrule local officials and require independent redistricting commissions in Fresno, Kern, and Riverside counties. If signed into law, those panels would work on districts for the boards of supervisors in those counties, starting after the next Census in 2030.
Colorado – FBI Seizes Mike Lindell’s Phone in Probe of Colo. Voting Machine Breach
MSN – Jon Swaine and Emma Brown (Washington Post) | Published: 9/14/2022
FBI agents seized a cellphone belonging to Mike Lindell, the MyPillow founder and prominent election denier, as part of a federal investigation into an alleged breach of voting machines in Colorado, according to Lindell. Lindell said the agents questioned him about Tina Peters, the Mesa County clerk who was indicted on charges she helped an outsider copy sensitive data from the county’s elections systems. The action against Lindell, who has financed films, conferences, and other media promoting disinformation about elections, points to a widening of the federal investigation into the alleged breach in Mesa County.
Florida – ‘Make His Life a Living Hell.’ The FPL-financed plot to torpedo a Miami lawmaker
MSN – Mary Ellen Klas and Nicholas Nehamas (Miami Herald) | Published: 9/9/2022
Florida Power & Light’s (FPL) chief political operative, Jeff Pitts, used a maze of nonprofits to secretly finance an operation aimed at defeating state Sen. José Javier Rodríguez and replace him with a Republican less hostile to FPL’s interests. Rodríguez lost his bid for reelection in 2020 by 34 votes. It was part of an alleged “ghost candidate” plot in which “spoiler” candidates ran in a total of three state Senate races to help defeat Democratic candidates, who indeed lost. Two people have been criminally charged in connection with the effort to defeat Rodríguez, including a former state senator considered a staunch ally of FPL during his years in office.
Georgia – Former Atlanta Official Gets 14 Years in Corruption Case
Yahoo News – Kate Brumback (Associated Press) | Published: 9/8/2022
A former high-ranking Atlanta official was sentenced to 14 years in prison after a jury found her guilty of charges stemming from a long-running federal investigation into corruption at City Hall. In addition to the prison time, the judge ordered Mitzi Vickers to pay nearly $3 million in restitution to the city. Bickers was the first person to go to trial in the investigation into corruption during the administration of former Atlanta Mayor Kasim Reed. She helped Reed win election and then worked as his director of human services for several years.
Georgia – Georgia’s Biggest County Can’t Find a Top Elections Official
MSN – Matthew Brown (Washington Post) | Published: 9/7/2022
For 10 months, local leaders have been unable to hire a permanent director to run the Department of Registration and Elections in Fulton County, home to Atlanta. The previous director resigned in November and left the position in April, after pressure from local lawmakers and the turmoil of the 2020 election, when county staff endured death threats, baseless conspiracy theories, high-stakes audits, and harassment from former Donald Trump and his allies. The staff has worked through the uncertainty under an interim director, but the county has been slow to implement changes mandated by a sweeping new election law.
Hawaii – Attorney For Mitsunaga’s Engineering Firm Has Been Arrested in Bribery Case
Honolulu Civil Beat – Christina Jedra | Published: 9/13/2022
Sheri Tanaka, an attorney for a prominent engineering firm whose chief executive officer is fighting federal charges, was arrested in California in connection with her client’s case and is currently in custody. Tanaka has been charged alongside Dennis Mitsunaga and associates of his firm who were accused of bribing former Honolulu prosecutor Keith Kaneshiro. Federal prosecutors say Mitsunaga and his accomplices directed over $45,000 to the prosecutor so he would pursue a bogus prosecution of a former employee of the firm, Laurel Mau.
Illinois – Board of Review’s Probe into Bribes for Tax Breaks Is Stymied by Employee’s ‘Inability to Recall Passcode’ to County-Issued Cellphone
Chicago Sun-Times – Mitch Dudek | Published: 9/9/2022
An employee of the Cook County Board of Review under investigation for accepting bribes to lower property taxes stymied a law firm hired to look into the matter by refusing to be interviewed and claiming he forgot the passcode to his county-issued cellphone. A cooperating witness in the case broached the idea of having property assessments lowered for an associate. A picture of the employee thumbing a stack of cash was included in an affidavit. The employee told a cooperating witness he was “just the middle guy” and the cash was intended to be split with others in his office, according to the affidavit.
Maryland – Montgomery School Leaders Defend Contract Given to Board Member’s Spouse
MSN – Nicole Asbury (Washington Post) | Published: 9/13/2022
Montgomery County’s schools superintendent defended the system’s decision to award a STEM learning contract to a company owned by a school board member’s spouse and blamed concerns over the award process on an inaccurate document on the board’s website. The Parents’ Coalition of Montgomery County raised concerns before a school board vote that the contract for MoCo KidsCo Inc. was being awarded as a no-bid contract, with no discussion by the school board, a lack of competition, and a conflict-of-interest.
Massachusetts – AG Maura Healey Ruling Derails Bid to Limit Super PAC Contributions in Massachusetts
MassLive – Matt Murphy (State House News Service) | Published: 9/9/2022
Super PACs are allowed to raise and spend unlimited sums of money to influence elections as long as they do not coordinate directly with any campaigns. The spending has come under fire from some candidates who oppose the influence money has on the process. But a bid to curtail the ability of super PACs to raise and spend huge sums in Massachusetts was nixed by state Attorney General Maura Healey’s office as “inconsistent” with constitutional rights to free speech.
Massachusetts – SJC Considers Lobbying by Federal Felons, Like Former House Speaker Sal DiMasi
MSN – Shelley Murphy (Boston Globe) | Published: 9/8/2022
Former Massachusetts House Speaker Salvatore DiMasi began working as a lobbyist on Beacon Hill nine years after a federal jury found him guilty of fraud and extortion for taking bribes while in office. The state’s highest court heard arguments over whether DiMasi should have been forced to wait a little longer to embark on his new career, based on a state law that bars people convicted of certain state crimes from registering as lobbyists until 10 years after their convictions.
Massachusetts – State’s Public Campaign Financing Program Means Candidates Can Spend Big in November Election
MassLive – Chris Lisinski (State House News Service) | Published: 9/12/2022
Maura Healey and Kim Driscoll can drain their entire accumulated campaign money in their bid for governor and lieutenant governor, Massachusetts campaign finance officials said. At least one candidate in each of the five statewide contests this fall sought to participate in the state’s public campaign financing program, which triggered a requirement for all other contestants in those races to declare self-imposed spending caps. The largest limit in each race becomes the cap for all candidates in that field. Healey and Driscoll told the state Office of Campaign and Political Finance their self-imposed spending would be limited to a maximum of $6.9 million.
Michigan – Michigan Supreme Court Puts Abortion on the November Ballot
Yahoo News – Alice Miranda Ollstein (Politico) | Published: 9/8/2022
The Michigan Supreme Court certified a sweeping abortion rights initiative for the November ballot, giving voters a chance to decide whether the procedure remains legal or whether a nearly 100-year-old ban goes back into effect. The emergency ruling overrides a party-line tie vote by the Board of State Canvassers, which blocked the certification of the proposed constitutional amendment. The two Republicans on that panel sided with conservative groups that argued spacing and formatting errors on the text canvassers presented to voters rendered the entire effort invalid.
Mississippi – Former Gov. Phil Bryant Helped Brett Favre Secure Welfare Funding for USM Volleyball Stadium, Texts Reveal
Mississippi Today – Anna Wolfe | Published: 9/13/2022
Newly released text messages show Brett Favre, former Mississippi Gov. Phil Bryant, and others worked together to channel at least $5 million of the state’s welfare funds to build a new volleyball stadium at University of Southern Mississippi, where Favre’s daughter played the sport. The texts show the then-governor even guided Favre on how to write a funding proposal so it could be accepted by the state Department of Human Services. In total, nonprofit leaders misspent at least $77 million in funds that were supposed to help the needy, forensic auditors found.
Montana – Super PAC Faces New Allegations in Montana
Montana Free Press – Alex Sakariassen | Published: 9/9/2022
An out-of-state political organization found to have violated Montana campaign finance law continues to face questions about its activity in three legislative races during the 2022 primary election, even as it pursues legal action against the commissioner of political practices. The Center for Media and Democracy filed a complaint against the Convention of States Political Fund, a Michigan-based super PAC that spent more than $126,000 on political flyers and radio ads in Montana earlier this year.
New York – Rensselaer County’s Republican Elections Commissioner Arrested by FBI
Albany Times Union – Brendan Lyons | Published: 9/13/2022
Jason Schofield, the Rensselaer County Board of Elections commissioner, was arrested by the FBI and charged with fraudulently obtaining and filing absentee ballots last year using the personal information of at least eight voters without their permission. The ballots were filled out and submitted in last year’s primary election, the general election, and sometimes both. In some instances, documentation was completed falsely claiming the ballots were mailed to the voters at their residences.
Ohio – Ex-Ohio Governor Candidate Joe Blystone Threatened with Prosecution Over Alleged Campaign-Finance Violations
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 9/8/2022
Secretary of State Frank LaRose’s office says it will seek to refer Joe Blystone, who ran for Ohio governor earlier this year, to prosecutors for campaign finance violations if he does not accept a deal that includes turning over all his remaining campaign money to state officials. Blystone has been under scrutiny for a number of issues, including not properly recording thousands of dollars in small donations. Last March, LaRose’s office flagged more than $100,000 in contributions to Blystone’s campaign that appear to violate the state’s limit on cash contributions or ban on corporate donations.
Ohio – Former Butler County Elected Official Indicted on Corruption Charges
Yahoo – Cincinnati Enquirer staff | Published: 9/14/2022
A grand jury indicted Madison Township Trustee Alan Daniel on seven public corruption-related charges. The case had been referred to the Ohio Ethics Commission, which made a referral to the Butler County prosecutor’s office for criminal charges. State Auditor Keith Faber noted several votes Daniel cast as a trustee that Faber said directly impacted a family member. Daniel voted on 20 road department ordinances in 2018 and 15 in 2019 “from which he should have abstained because he is the father of Road Supervisor Todd Daniel,” Faber recently wrote to Madison Township officials.
Ohio – Ohio Supreme Court: ‘Targeted picketing’ ban unconstitutional
Ohio Capital Journal – Susan Tebben | Published: 9/14/2022
The Ohio Supreme Court took issue with a ban on “targeted picketing” of public officials in a new ruling. The justices ruled an education board violated picketers’ rights by putting a stop to public protests, calling Ohio Revised Code language on organizing a protest at public officials’ homes or workplaces “a form of expressive-activity suppression that is irreconcilable with the protections guaranteed by the First Amendment.”
Pennsylvania – Clandestine Plan to Force a Vote on Pa. Legislative Gift Ban Fails, Lawmakers Shrug
Spotlight PA – Stephen Caruso | Published: 9/14/2022
Pennsylvania lawmakers can accept gifts from anyone if they disclose items more than $250 on annual interest forms. Proposals to tighten the law have died over the years with no debate until last fall, when lawmakers on both sides of the aisle expressed interest in a more comprehensive gift ban. Activists recently said one unidentified House member would force a vote on whether to consider the bill, defying Republican leadership. But as one of the last scheduled session days of the year ended, no one stood up, leaving advocates with nothing to do but concede.
South Carolina – SC Supreme Court Says Attorney General’s $75M Payment to Law Firms Can Be Questioned
MSN – John Monk (The State) | Published: 9/14/2022
The South Carolina Supreme Court ruled that John Crangle, who writes extensively on governmental ethics issues, has the right to challenge state Attorney General Alan Wilson’s award of a $75 million legal fee to two law firms. Wilson had signed a contingency fee agreement with the firms that awarded them a percentage of a settlement concerning the disposal of dangerous plutonium in the state. Crangle and the South Carolina Public Interest Foundation contended the $75 million fee was unreasonable and unconstitutional.
South Dakota – Documents Show Gov. Kristi Noem Tried to Avoid Ethics Hearing, Seal Records
Yahoo News – Stephen Groves (Associated Press) | Published: 9/9/2022
Documents show South Dakota Gov. Kristi Noem asked the state Government Accountability Board to dismiss a complaint against her without a public hearing and to seal off certain records. News reports said shortly after a state agency moved to deny her daughter, Kassidy Peters, a real estate appraiser license, Noem held a meeting with Peters and key decision-makers in her licensure. After the meeting, Peters signed an agreement that gave her another opportunity to meet the licensing requirements. The South Dakota Legislature’s audit committee approved a report that found Noem’s daughter got preferential treatment.
Wyoming – Elections Official Files Complaint Against Conservative PAC
WyoFile – Maggie Mullen | Published: 9/13/2022
Campbell County’s chief elections officer filed a complaint against Coal Country Conservatives Political Action Committee, calling on the FEC and the Wyoming secretary of state to undertake a “swift and robust investigation.” The complaint by Campbell County Clerk Susan Saunders, names both the federal PAC and a Wyoming entity of the same name. Chief among Saunders’ concerns is a potentially improper campaign finance relationship between the two organizations and a lack of disclosure on the part of both.
Wyoming – Some Wyoming Republicans Want to Limit the Secretary of State after Trump’s Pick Wins
Wyoming Public Radio – Bob Beck | Published: 9/8/2022
Wyoming’s likely next secretary of state, a Trump-endorsed Republican who has falsely called the 2020 election fraudulent, is drawing concerns from many of his fellow GOP lawmakers. Now those legislators are aiming to draft a bill to remove the secretary of state’s ability to oversee elections. State Rep. Chuck Gray is the Republican nominee. He does not have a general election opponent. Though state officials maintain Wyoming elections are secure, Gray campaigned on concerns he has about election integrity.
September 9, 2022 •
News You Can Use Digest – September 9, 2022
National/Federal ‘Fat Leonard’ Goes on the Lam Weeks Before Sentencing in Navy Bribery Scandal Portland Press Herald – María Luisa Paúl (Washington Post) | Published: 9/6/2022 The Malaysian defense contractor who pleaded guilty to bribing Navy officials with sex parties, fancy […]
National/Federal
‘Fat Leonard’ Goes on the Lam Weeks Before Sentencing in Navy Bribery Scandal
Portland Press Herald – María Luisa Paúl (Washington Post) | Published: 9/6/2022
The Malaysian defense contractor who pleaded guilty to bribing Navy officials with sex parties, fancy dinners, and alcohol in a corruption scandal has escaped just weeks before his sentencing date. Leonard Francis, also known as “Fat Leonard,” fled while under house arrest in San Diego. A search by the San Diego Regional Fugitive Task Force and Naval Criminal Investigative Service is underway, officials said. “He cut off his GPS monitoring bracelet on Sunday morning,” the U.S. Marshals Service announced. “Task Force Officers went to his residence and upon arrival noticed the house was now vacant.”
FEC Approves Rule to Remove Candidate Loan Repayment Restrictions
OpenSecrets – Taylor Giorno | Published: 9/1/2022
The FEC approved an interim final rule that removes regulations that previously restricted the repayment of personal loans candidates made to their campaigns. In May, the Supreme Court ruled that existing candidate loan repayment restrictions were unconstitutional. Under the old rules, campaigns could raise money after election day to repay candidate loans up to $250,000 up to 20 days after the election.
From Border Town to ‘Border Town,’ Bused Migrants Seek New Lives in D.C. Area
MSN – Antonio Olivo (Washington Post) | Published: 9/7/2022
More than 230 buses carrying nearly 9,400 migrants, including young children, have arrived in the District of Columbia since Texas Gov. Greg Abbott began offering free passage to the city with Arizona Gov. Doug Ducey following suit. Buses from Texas have also started heading to New York and Chicago. The governors are using the busloads of migrants as a political statement about what they have called lax border policies. But for many of those who have accepted the rides, any political gamesmanship has been irrelevant. The buses have turned into a welcomed opportunity for migrants to get to their preferred destinations.
House Committee Reaches Deal to get Trump Financial Records
Yahoo News – Kevin Freking (Associated Press) | Published: 9/1/2022
A U.S. House committee seeking financial records from former President Trump reached an agreement that ends litigation on the matter and requires an accounting firm to turn over some of the material. The case began in April 2019, when the House Committee on Oversight and Reform first subpoenaed records from Trump’s then-accounting firm, Mazars USA. The committee cited testimony from Trump’s former attorney, Michael Cohen, that it said raised questions about the president’s representation of his financial affairs when it came to seeking loans and paying taxes.
In Voter Fraud, Penalties Often Depend on Who’s Voting
Yahoo News – Michael Wines (New York Times) | Published: 9/6/2022
A review by The New York Times of some 400 voting fraud charges filed nationwide since 2017 underscores what critics of fraud crackdowns have long said: actual prosecutions are rare events and often netted people who did not realize they were breaking the law. Punishment can be wildly inconsistent. Most violations draw wrist slaps, while a few high-profile prosecutions produce draconian sentences. Penalties often fall heaviest on those least able to mount a defense. Those who are poor and Black are more likely to be sent to jail.
In Washington, Agricultural Policymakers Circulate Among Farm Bureau, USDA and Industry
Investigate Midwest – Madison McVan | Published: 8/24/2022
Reporting and more than 100 pages of emails obtained by Investigate Midwest shed light on the movement of agriculture policy leaders between government, industry, and the American Farm Bureau Federation (AFBF). Terri Moore, vice president of communications for AFBF, said Dale Moore, executive vice president of the group, and Sam Kieffer, the organization’s top lobbyist, likely had communication with Joby Young during his time at as chief of staff for the secretary of the U.S. Department of Agriculture. Young took over as AFBF executive vice president following a stint at a consulting firm.
Jan. 6 Committee Asks Former Speaker Newt Gingrich to Sit for Interview
MSN – Jacqueline Alemany and Josh Dawsey (Washington Post) | Published: 9/1/2022
The House select committee investigating the insurrection at the U.S. Capitol issued a request to interview former House Speaker Newt Gingrich. The request cited evidence showing Gingrich was in communication with senior advisers to ex-President Trump, including Jared Kushner and Jason Miller, regarding television advertisements that amplified false claims about fraud in the 2020 election. The panel also said it obtained evidence suggesting Gingrich was involved in the fake elector plot designed to encourage Vice President Mike Pence and members of Congress to affect the outcome of the joint session of Congress on January 6, 2021.
Judge’s Special-Master Order a Test of Trump’s Post-White House Powers
MSN – Ann Marimow and Devlin Barrett (Washington Post) | Published: 9/6/2022
Justice Department lawyers are weighing whether to challenge a federal judge’s uncommon order to appoint an independent reviewer, called a special master, to assess more than 11,000 documents seized by the FBI from Donald Trump’s Florida residence. At issue are untested legal questions about the extent to which assertions of executive privilege can be applied to a former president. Legal experts called U.S. District Court Judge Aileen Cannon’s decision problematic because it upends the usual course of a criminal investigation and suggests there are different rules for a former president.
Material on Foreign Nation’s Nuclear Capabilities Seized at Trump’s Mar-a-Lago
MSN – Devlin Barrett and Carol Leonnig (Washington Post) | Published: 9/6/2022
A document describing a foreign government’s military defenses, including its nuclear capabilities, was found by FBI agents who searched former President Trump’s Mar-a-Lago residence and private club, according to people familiar with the matter, underscoring concerns among U.S. intelligence officials about classified material stashed at the Florida property. Some of the seized documents detail top-secret U.S. operations so closely guarded that many senior national security officials are kept in the dark about them.
Tory Peer Broke Lobbying Rules, Whitehall Watchdog Finds
The Guardian – Henry Dyer | Published: 9/6/2022
A Conservative hereditary peer breached lobbying rules in the United Kingdom by failing to register as a consultant lobbyist before contacting ministers on behalf of his client. The Office of the Registrar of Consultant Lobbyists announced the outcome of its investigation into the Earl of Shrewsbury, whose full name is Charles Henry John Benedict Crofton Chetwynd Chetwind-Talbot, and his company Talbot Consulting. The earl remains under investigation by the House of Lords for allegedly misusing his parliamentary position to lobby for SpectrumX.
From the States and Municipalities
Arkansas – Ex-Deputy Chief of Staff for Hutchinson Asks to Rescind Registration as a Lobbyist
Arkansas Democrat-Gazette – Michael Wickline | Published: 9/7/2022
Bill Gossage, the former deputy chief of staff for external operations for Arkansas Gov. Asa Hutchinson, said he asked the secretary of state’s office to rescind his August registration as a registered lobbyist. Gossage is vice president of governmental affairs for the Electric Cooperatives of Arkansas. State law bars an individual employed in the office of the governor, lieutenant governor, secretary of state, attorney general, treasurer, auditor, or commissioner of state lands from being eligible to be registered as a lobbyist until one year after the expiration of the individual’s employment in that office.
Florida – Jury Finds Seminole GOP Chair Guilty in ‘Ghost’ Candidate Case
Yahoo News – Annie Martin (Orlando Sentinel) | Published: 9/1/2022
Seminole County Republican Party Chairperson Ben Paris was found guilty of a scheme to siphon votes from a Democrat in a Florida Senate race. Prosecutors say Jestine Iannotti ran as an independent candidate but did not campaign and had no previous political experience. Iannotti illegally accepted a $1,200 cash donation from political consultant James Foglesong. Iannoitti and Foglesong falsely used the names of others as contributors in campaign finance reports to skirt Florida laws on donations.
Georgia – Election Deniers Repeatedly Visited Ga. County Office at Center of Criminal Probe, Video Shows
Portland Press Herald – Emma Brown and Jon Swaine (Washington Post) | Published: 9/6/2022
Technology consultants who sought evidence that Donald Trump’s 2020 defeat was fraudulent made multiple visits to a county elections office in rural Georgia in the weeks after an alleged post-election breach of voting equipment that is the subject of a criminal investigation. Surveillance video shows the consultants, Doug Logan and Jeffrey Lenberg, made two visits in January 2021 to the elections office in Coffee County. Lenberg made an additional five visits on his own. The two men are under investigation for separate alleged breaches of voting machines in Michigan.
Georgia – Judge Again Rejects Graham Bid to Throw Out Subpoena in Atlanta-Area Trump Probe
MSN – Kyle Cheney (Politico) | Published: 9/1/2022
A federal judge for the second time rejected U.S. Sen. Lindsey Graham’s effort to block a grand jury subpoena issued by the Atlanta-area district attorney investigating former President Trump and his allies’ effort to overturn the 2020 election in Georgia. District Court Judge Leigh Martin May ruled Graham’s claim to be immune from such questioning, thanks to the protections of the so-called speech or debate clause of the Constitution is not as sweeping as he claimed it to be. The ruling sends the matter back to the 11th Circuit Court of Appeals.
Illinois – Political Operative Tied to Ald. Daniel Solis Probe Pleads Guilty to Fraud
MSN – Jason Meisner (Chicago Tribune) | Published: 9/2/2022
Roberto Caldero, a political operative at the center of the investigation into former Ald. Daniel Solis, pleaded guilty to variety of fraud schemes, including an attempt to influence a massive Chicago Public Schools janitorial contact, and using the alderman’s clout to solicit campaign cash and get a park and street renamed for a donor’s relatives. There was new mention in the plea agreement of an elected official, identified only as Public Official A, whom Caldero enlisted to pressure then-Mayor Rahm Emanuel to support the awarding of the janitorial contract to a company Caldero represented.
Indiana – Contractor Avoids Prison, Ordered to Pay Sanitary District $104K
Yahoo News – Douglas Walker (Muncie Star Press) | Published: 9/6/2022
A contractor avoided a prison sentence after pleading guilty to a fraud-related count stemming from a federal investigation of corruption in Muncie city government. But Rodney Barber was ordered to pay $104,750 in restitution to the Muncie Sanitary District (MSD). He admitted paying Phil Nichols, a former Democratic Party chairperson, $5,500 in cash in exchange for winning a contract to do work for the district. Barber also acknowledged giving MSD official Tracy Barton $5,000 in cash to “illegally contribute” to then-Mayor Dennis Tyler’s re-election campaign.
Louisiana – New Orleans’ ‘Night Mayor’ Fails to Respond to State Ethics [Board] After Trying to Rule on Conflict
LocalToday – Ben Myers (New Orleans Times-Picayune) | Published: 9/6/2022
New Orleans Mayor LaToya Cantrell named Howlin’ Wolf nightclub owner Howard Kaplan as the first director of the city’s new Office of Nighttime Economy. When Cantrell was asked about potential ethical issues in hiring a nightclub owner to manage the city’s nighttime economy, she cited a pending opinion from the Louisiana Board of Ethics to argue “there is no conflict-of-interest here.” But an ethics board attorney, Mallory Guillot, now says Kaplan has not responded to “numerous” attempts to contact him with additional questions about his dual role as city official and business owner.
Massachusetts – Maura Healey to Face Trump-Backed Republican in Deep-Blue Massachusetts
MSN – Annie Linskey and David Weigel (Washington Post) | Published: 9/6/2022
Maura Healey, who made history as the country’s first openly gay state attorney general, will face former state legislator Geoff Diehl, who was endorsed by Donald Trump, in the Massachusetts governor’s race this November, a contest seen by analysts as one of the best chances for Democrats to flip control of a Republican-held seat. If she prevails in the fall, Healey would be the first woman elected governor of Massachusetts. Democratic primary voters in also picked a nominee for attorney general in a race that divided the two U.S. senators and other party leaders in the state.
Michigan – Michigan Sheriff Sought to Seize Multiple Voting Machines, Records Show
Reuters – Peter Eisler and Nathan Layne | Published: 8/30/2022
A sheriff in Barry County, Michigan, already under state investigation for alleged involvement in an illegal breach of a vote-counting machine, sought warrants in July to seize other machines to prove former President Trump’s claims of voter fraud in the 2020 election, documents showed. A member of the so-called constitutional sheriffs movement, which holds sheriffs have supreme law enforcement authority within their counties, exceeding that of state and federal agencies, Leaf has appeared at events around the country organized by proponents of Trump’s rigged election claims.
Nevada – Police Arrest County Official in Reporter’s Stabbing Death
Las Vegas Review-Journal – David Ferrara, Briana Erickson, and Glenn Puit | Published: 9/7/2022
A Las Vegas-area elected official was arrested as the suspect in the fatal stabbing of a veteran newspaper reporter who had written articles exposing complaints of wrongdoing at his office. Clark County Public Administrator Robert Telles was taken into custody hours after investigators served a search warrant in the criminal probe of the killing of Las Vegas Review-Journal reporter Jeff German. Soon after German’s investigation was published, Telles failed in his re-election bid, losing the Democratic primary in June.
New Mexico – New Mexico Bars Commissioner from Office for Insurrection
MSN – Morgan Lee (Associated Press) | Published: 9/6/2022
A New Mexico judge ordered convicted Capitol rioter Couy Griffin to be removed from his county commissioner seat, ruling the Cowboys for Trump founder’s involvement in the January 6, 2021, insurrection disqualified him from holding public office. Judge Francis Matthew formally labeled the Capitol attack as an insurrection and found Griffin’s involvement fell under the so-called Disqualification Clause of the 14th Amendment, which bars anyone from holding office if they took an oath to uphold the Constitution and then “engaged in insurrection or rebellion” or gave “aid or comfort” to insurrectionists.
New York – Former Trump Adviser Steve Bannon Charged with Defrauding Border Wall Donors
Yahoo News – Aaron Katersky (ABC News) | Published: 9/8/2022
Steve Bannon, a onetime political adviser to former President Trump, was charged by authorities in New York with defrauding donors to the We Build the Wall fundraising campaign for a wall along the U.S.-Mexico border. The indictment charges Bannon and We Build the Wall itself with two counts of money laundering. There are additional felony counts of conspiracy and scheme to defraud. The state charges resemble federal charges for which Bannon received a pardon from Trump and allege Bannon and We Build the Wall defrauded 430 Manhattan-based donors out of $33,600.
New York – How a Hochul Donor Received $637M in State Payments
Albany Times Union – Chris Bragg | Published: 9/8/2022
Last December, New York Gov. Kathy Hochul’s administration received an offer to buy 26 million at-home coronavirus tests from a distributor that happened to be a major campaign donor to the governor. The price offered by Digital Gadgets founder Charlie Tebele was $13 per test, far steeper than what other companies were proposing for similar rapid antigen tests. Hochul’s administration had just approved a deal with another firm to buy 5 million tests for just five dollars each. Still, the Hochul administration quickly agreed to pay $338 million to Digital Gadgets at the higher per-test price.
New York – Panel Rejects 3 of the 10 Nominees to New York’s New Ethics Body
Albany Times Union – Chris Bragg | Published: 9/2/2022
A panel tasked with reviewing nominations to New York’s new ethics and lobbying oversight panel rejected three out of ten nominations, while confirming seven others. One of those rejected was Gary Lavine, an outspoken former commissioner on the state’s prior ethics body. the Joint Commission on Public Ethics. Lavine’s rejection appears the most likely to set up a legal battle over a key aspect of the new law that established the Commission on Ethics and Lobbying in Government.
Ohio – Akron Organizers Turn to the Ballot Box for Civilian Oversight of Police
Ohio Capital Journal – Nick Evans | Published: 9/7/2022
A proposed ballot measure in Akron establishing civilian oversight for the police department comes on the heels of the police killing of Jayland Walker, a Black man shot nearly 50 times by Akron officers after fleeing a traffic stop. The amendment to the city charter would establish a new citizen review board with oversight of the city’s existing police auditor. The proposal also expands the auditor’s office and directs city council to spell out in statute what information the auditor can demand from the department. Organizers have turned in 7,000 petition signatures. That is more than two and a half times what they need.to get it on the November ballot.
Ohio – Redistricting: One year later, Ohio a unique, flawed case
Ohio Capital Journal – Susan Tebben | Published: 9/2/2022
One year after the saga of redistricting began, Ohio is seen as a unique case study in the legal strategies and flaws that can emerge in the process. A series of meetings of the Ohio Redistricting Commission were held, where the elected officials who constituted the commission interpreted and re-interpreted a constitutional amendment more than 70 percent of voters had approved to reform the redistricting. One year, five legislative map proposals and two congressional redraws later, the state will hold a general election in November with maps that have been ruled unconstitutional by the Ohio Supreme Court.
Oklahoma – Why Most Oklahoma State Legislative Races Are Uncontested
Oklahoma Watch – Keaton Ross | Published: 9/6/2022
Nearly 70 person of Oklahoma’s state legislative elections will be decided without a single vote cast in November. In 2018, nearly 75 percent of House and Senate races included candidates from at least two parties. Oklahoma now ranks among the nation’s least competitive states for legislative races. Without competitive local races, voters are more likely to become disengaged or feel alienated, studies have found. The same can happen to lawmakers who are not making their case to voters. A Georgetown University study found state legislators who run unopposed are less effective and engaged with constituents.
Oregon – Tina Kotek Wins Over Potential Rival with Embrace of Campaign Finance Changes
OPB – Dirk VanderHart | Published: 9/7/2022
Oregon gubernatorial candidate Tina Kotek removed one potential obstacle in the race. In private discussions, Kotek committed to using her position to advocate for some specific campaign finance regulations if elected governor. With that commitment, and a newly added policy platform on her website, a notable competitor for left-leaning votes has now stepped down. Nathalie Paravicini, running for governor under the banners of the Oregon Progressive Party and Pacific Green Party, filed a form withdrawing her candidacy. Oregon is one of a handful of states that place no limit on how much campaigns can raise and spend.
Tennessee – Registry of Election Finance to Audit Humble for Potential Illegal Coordination with PAC-Like Group
Tennessee Lookout – Sam Stockard | Published: 9/7/2022
The Tennessee Registry of Election Finance is set to audit former state Senate candidate Gary Humble to determine whether his campaign illegally coordinated with his nonprofit organization Tennessee Stands. Registry board member Tom Lawless raised questions about Tennessee Stands, which has a 501(c)(4) federal tax status, and whether it is operating as a PAC without registering with the state. Humble is executive director of the organization, which is intertwined with his political activity.
Texas – Appeals Court Sides with Texas Ethics Commission Over Lobbying Fine Against GOP Activist Michael Quinn Sullivan
MSN – Taylor Goldenstein (Houston Chronicle) | Published: 9/1/2022
An appeals court upheld a Texas Ethics Commission fine levied against conservative activist Michael Quinn Sullivan. He registered as a lobbyist from 2001 to 2009 but did not in 2010 and 2011. The court found Sullivan, acting on behalf of Empower Texans in 2010 and 2011, had lobbied state lawmakers. The judges dismissed Sullivan’s arguments that the commission was unconstitutionally exercising both legislative and executive branch powers. They reversed the trial court’s judgment on the amount of the fine – $10,000 – saying Sullivan is owed a jury trial on that question.
Washington – Data Shows How Well Seattle’s Democracy Voucher Program Is Working
Seattle Times – Gene Balk | Published: 9/2/2022
Seattle’s novel “democracy voucher” program for funding local elections is attracting attention. “… It could revolutionize local elections,” said Brian McCabe of Georgetown University, the co-author of a new study on the program. The study found the democracy voucher program does appear to be living up to its name by helping to democratize political giving in Seattle by diversifying the donor pool to better reflect the city’s population. It also found the rate of participation in the program rose most significantly among Black, Hispanic, and young voters, groups that have historically been underrepresented in the campaign finance system.
Washington – Washington State Judge Rules Facebook Violated Campaign Finance Rules
MSN – Naomi Nix (Washington Post) | Published: 9/2/2022
A judge ruled Facebook owner Meta repeatedly and intentionally violated Washington’s campaign finance law and must pay penalties. King County Superior Court Judge Douglass North said Facebook, which last year renamed itself Meta, repeatedly broke the state’s law requiring technology platforms make information about political ads available for public inspection in a “timely manner.” North also denied Meta’s attempt to invalidate the state’s decades-old law. The ruling arrives as Meta faces scrutiny over how much information it discloses about the way candidates use marketing campaigns on its networks.
Wisconsin – Ginni Thomas Pressed Wisconsin Lawmakers to Overturn Biden’s 2020 Victory
MSN – Emma Brown (Washington Post) | Published: 9/1/2022
Virginia “Ginni” Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, pressed lawmakers to overturn Joe Biden’s 2020 victory not only in Arizona, as previously reported, but also in a second battleground state, Wisconsin, according to emails. Ginni Thomas emailed 29 Arizona lawmakers in in November and December 2020. She urged them to set aside Biden’s popular-vote victory and “choose” their own presidential electors. The new emails show she also messaged two Republican lawmakers in Wisconsin: state Sen. Kathy Bernier, then chair of the Senate elections committee, and state Rep. Gary Tauchen.
September 2, 2022 •
News You Can Use Digest – September 2, 2022
National/Federal Document Reveals Identity of Donors Who Secretly Funded Nikki Haley’s Political Nonprofit Yahoo News – Alex Isenstadt (Politico) | Published: 8/26/2022 Many of the Republican Party’s biggest donors are among those who funneled anonymous contributions to former United Nations Ambassador […]
National/Federal
Document Reveals Identity of Donors Who Secretly Funded Nikki Haley’s Political Nonprofit
Yahoo News – Alex Isenstadt (Politico) | Published: 8/26/2022
Many of the Republican Party’s biggest donors are among those who funneled anonymous contributions to former United Nations Ambassador Nikki Haley’s nonprofit as she lays the groundwork for a prospective 2024 presidential bid, according to previously unreported tax documents. Like other nonprofits, Stand For America files an annual tax return with the IRS. While the agency and the group must make those filings available to the public, including the amounts of contributions, such nonprofits do not have to disclose the identities of their donors. The group Documented obtained an unredacted copy of Stand For America’s 2019 filings.
Experts Say a Trump-Backed Charity Is Pushing the Boundaries of Tax Law
National Public Radio – Tom Dreisbach | Published: 8/31/2022
Many figures connected to the failed plot to overturn the 2020 election have coalesced around an increasingly influential nonprofit – the Conservative Partnership Institute (CPI). A review of records and leaked audio suggests CPI may be risking legal trouble over its tax-exempt status. Experts said the group appears to be pushing the boundaries of the law by entwining itself with explicitly Republican and pro-Donald Trump political organizations. As an IRS-recognized charity, CPI is exempt from certain taxes. That also gives donors the benefit of deducting their contributions at tax time. But those benefits come with some strings attached.
Fox News Stars Questioned by Election Tech Company in Defamation Case
MSN – Rachel Weiner and Jeremy Barr (Washington Post) | Published: 8/30/2022
Some Fox News hosts are being compelled to answer questions about their coverage of the 2020 presidential election as a $1.6 billion defamation lawsuit from Dominion Voting Systems claims its reputation was ruined by the network’s airing of baseless allegations picks up steam. Lawyers for Dominion questioned Jeanine Pirro and Tucker Carlson, while Sean Hannity and former host Lou Dobbs are scheduled for depositions. They are among the on-air personalities that Dominion says defamed it either by falsely claiming the company conspired to rig the election against Donald Trump or by repeatedly hosting guests who made such claims.
Garland Bans Campaign Activity by Justice Dept. Political Appointees
MSN – Perry Stein (Washington Post) | Published: 8/30/2022
Justice Department political appointees cannot participate in campaign-related activities in any capacity, Attorney General Merrick Garland said, describing the change as necessary “to maintain public trust and ensure that politics … does not compromise or affect the integrity of our work.” The new policy underscores the political scrutiny Garland is facing before the midterm elections, as his agency investigates former president Trump’s handling of classified documents after leaving office and the potential involvement of Trump and other GOP politicians in efforts to overturn the results of the 2020 presidential election.
Justice Dept. Says Trump Team May Have Hidden, Moved Classified Papers
MSN – Devlin Barrett (Washington Post) | Published: 8/31/2022
Former President Trump and his advisers repeatedly failed to turn over highly classified government documents even after receiving a subpoena and pledging a “diligent search” had been conducted, leading to an FBI raid on his Florida home that found more than 100 additional classified items, according to a court filing. The filing traces government officials’ repeated efforts to recover national security papers from Trump’s residence, centered on a storage room where prosecutors came to suspect that “government records were likely concealed and removed … and that efforts were likely taken to obstruct the government’s investigation.”
They Were Some of the Last Journalists at Their Papers. Then Came the Layoffs.
MSN – Elahe Izadi (Washington Post) | Published: 8/28/2022
Newspaper companies have been struggling to find their financial footing with the decline of print advertising. A recent study predicted one-third of American newspapers that existed roughly two decades ago will go extinct by 2025. Another study found some 40,000 newspaper newsroom jobs vanished between 2008 and 2020. Gannett, the largest newspaper chain in the country with more than 200 daily newspapers and its flagship publication USA Today, has already been shedding jobs.
Trump’s Lawyers May Become Witnesses or Targets in Documents Investigation
Yahoo News – Charlie Savage (New York Times) | Published: 8/31/2022
Two lawyers for former President Trump are likely to become witnesses or targets in the investigation into how he hoarded documents marked as classified at his Florida estate and secretly held onto some even after the lawyers claimed all sensitive materials had been returned, legal specialists said. Christina Bobb and M. Evan Corcoran handled Trump’s interactions with the government over a subpoena seeking additional material marked as classified. In a court filing, the Justice Department suggested people in Trump’s circle concealed documents in defiance of that subpoena, putting a spotlight on the lawyers’ actions.
Watchdog Probing Massachusetts US Attorney’s Fundraiser Trip
Yahoo News – Alanna Durkin Richer and Farnoush Amiri (Associated Press) | Published: 8/31/2022
A watchdog agency is investigating whether Massachusetts’ top federal prosecutor violated a law that limits political activity by government workers for attending a political fundraiser that featured First Lady Jill Biden. The U.S. Office of Special Counsel said it has opened an investigation into a potential violation Hatch Act after U.S. Sen. Tom Cotton raised concerns over U.S. Attorney Rachael Rollins’ attendance at a July Democratic National Committee fundraiser in Andover, Massachusetts.
When an Election Denier Becomes a Chief Election Official
Yahoo News – Zach Montellaro (Politico) | Published: 8/29/2022
Many of the election deniers running for secretary of state this year have spent their time talking about something they cannot do: “decertifying” the 2020 results. The bigger question, amid concerns about whether they would fairly administer the 2024 presidential election, is exactly what powers they would have if they win this year. They could refuse to certify accurate election results, a nearly unprecedented step that would set off litigation in state and federal court. But secretaries of states’ roles in elections stretch far beyond approving vote tallies and certifying results. Many of the candidates want to dramatically change the rules for future elections, too.
From the States and Municipalities
Alabama – Alabama Ethics Commission Won’t Reconsider Decision on Exculpatory Information
MSN – Brian Lyman (Montgomery Advertiser) | Published: 8/25/2022
The Alabama Ethics Commission will not reconsider a decision that it does not have to disclose potentially exculpatory information to targets of investigations. The state attorney general’s office asked the commission to reconsider the decision in July. Under state law, the ethics panel investigates complaints against public officials. It functions as a kind of grand jury. It does not prosecute individuals for ethics violations. If the commission finds probable cause that ethics violations took place, it refers the case to the attorney general’s office or a district attorney for possible prosecution.
Alaska – Democrat Mary Peltola Wins Special Election in Alaska, Defeating Palin
MSN – Nathaniel Herz | Published: 8/31/2022
Democrat Mary Peltola has won a special election for the U.S. House in Alaska, defeating Sarah Palin and becoming the first Alaska Native to win a seat in Congress as well as the first woman to clinch the state’s at-large district. Peltola’s win flips a seat that had long been in Republican hands. She will serve the remainder of a term left open by the sudden death of U.S. Rep. Don Young. For the moment, it helps Democrats expand their current narrow House majority and gives the party a better chance of winning the seat in the fall, according to at least one nonpartisan elections analyst.
Arizona – Arizona Supreme Court Says Voters Can Decide Ballot Measures in November
KAWC – Howard Fischer (Capitol Media Services) | Published: 8/24/2022
Arizonans will be able to vote in November on two controversial ballot measures even though petition circulators did not comply with the law. In separate orders, the state Supreme Court said those who gather signatures for money are required to register for each petition campaign for which they work. Chief Justice Robert Brutinel said that did not happen in either the initiative to require disclosure of “dark money” in politics or another to cap medical debt payments. But Brutinel noted the office provided no procedure for those already registered to circulate other petitions to submit new registrations. The court agreed the signatures gathered by those who did not register anew should count.
California – A Sacramento School Trustee Walked Out of a Hotel with a Vase. Now She’s Reprimanded by Board
MSN – Jason Pohl and Sawsan Morrar (Sacramento Bee) | Published: 8/30/2022
A Sacramento school board member was reprimanded by her colleagues and ordered to undergo ethics training after a hotel employee accused her of trying to steal a red vase from the hotel lobby. Trustee Ericka Harden was filmed on security cameras at Embassy Suites, where she was attending a district-funded education leadership conference. On the video that hotel management sent the school district, Harden is seen walking out of the hotel with the vase. “This is to inform you of the altercation that has been encountered with your employee,” a hotel worker emailed the district. “The vase was returned as I did have to pull it out of her hands.”
California – California Lawmakers Reject Bill to Allow Their Staff to Unionize at the State Capitol
Yahoo News – Taryn Luna (Los Angeles Times) | Published: 8/31/2022
For the fourth time in five years, the California Legislature rejected a bill to allow its staff to unionize, parting with other West Coast states that have approved similar legislation to try to improve workplace conditions and offset power imbalances between politicians and their legislative staff. For decades, legislative employees have not received the same right to unionize as other private and public sector workers despite the Democratic Legislature’s close ties with unions at the Capitol.
California – ‘Close to the Line:’ California’s top campaign finance watchdog wants a deeper look at donor network
CalMatters – Alexei Koseff and Ben Christopher | Published: 8/26/2022
The Fair Political Practices Commission will consider new regulations more clearly defining coordination among affiliated campaign committees after the agency rejected a complaint against Govern For California. The complaint characterized the group’s network of independent committees as a “corporate structure that facilitates money laundering and vastly exceeds the contribution limits to candidates.” An investigation showed committees affiliated with Govern For California have come to play a prominent role in campaigns by making direct donations. Most of the funding to the chapters comes from the same group of 20 donors.
California – Inside a ‘Tale of Greed’ in San Francisco: Bribery scandal leads to 7-year prison sentence
Yahoo News – Gregory Yee (Los Angeles Times) | Published: 8/26/2022
Federal prosecutors called it “a tale of greed as old as time” – a powerful San Francisco official at the heart of a web of kickbacks, bribery, and fraud that stretched across more than a decade. Mohammed Nuru, a former public works director, was sentenced to seven years in federal prison for his role in a public corruption scheme that has ensnared at least a dozen San Francisco officials and business figures, eroded trust in City Hall, and led to an ongoing FBI investigation.
California – L.A. Council Fails to Pick a Replacement for Ridley-Thomas, Exposing a Divide at City Hall
Yahoo News – David Zahniser (Los Angeles Times) | Published: 8/30/2022
Ten months after Los Angeles City Councilperson Mark Ridley-Thomas was indicted on federal corruption charges, the council remains at odds over what should happen to his district – who should represent it and how that person should be selected. Heather Hutt has been the district’s caretaker since July, when a judge sidelined the council’s previous interim pick, former Councilperson Herb Wesson. Councilperson Monica Rodriguez, who opposed a vote on Hutt, said the council moved too swiftly last time it tried to fill the seat, selecting Wesson only to have two judges conclude he is ineligible because of term limits.
Delaware – Judge Upholds Two of Delaware Auditor’s Three Convictions
MSN – Randall Chase (Associated Press) | Published: 8/30/2022
A judge upheld two convictions against Delaware’s auditor for official misconduct and conflict-of-interest but tossed a jury’s third misdemeanor conviction for improperly structuring contract payments to a consulting firm. In issuing his decision, Superior Court Judge William Carpenter Jr. rejected Kathy McGuiness’ request for a new trial. McGuiness, who as auditor is responsible for rooting out government fraud, waste, and abuse, is the first statewide elected official in Delaware to be convicted on criminal charges while in office. She has maintained her innocence and is seeking re-election.
Florida – DeSantis Election Investigation Chief Told Local Officials They Face ‘No Fault’ for Felons Voting
MSN – Matt Dixon (Politico) | Published: 8/29/2022
Florida Gov. Ron DeSantis’ office tried to blame local election supervisors for mistakes that could have allowed 20 people convicted of felonies to illegally vote. But the state’s election investigations chief previously absolved those local officials of any wrongdoing, according to documents. Pete Antonacci, who runs DeSantis’ elections investigation office, sent a letter on August 18 to the state’s elections supervisors saying they did nothing wrong when individuals convicted of murder and sex offenses voted in the 2020 election cycle.
Florida – Miami-Dade Commissioner Martinez Surrenders at Jail as Warrant Details Corruption Probe
MSN – David Ovalle and Douglas Hanks (Miami Herald) | Published: 8/30/2022
Miami-Dade Commissioner Joe Martinez surrendered to face criminal charges, as an arrest warrant reveals he is being accused of accepting $15,000 in exchange for sponsoring a bill five years ago to help a shopping plaza that had been repeatedly hit with fines for code violations. The legislation ultimately never passed and did not wind up being considered by the county commission. But under Florida’s unlawful compensation law, prosecutors do not need to show the public official’s “exercise of influence” for illegal pay was actually “accomplished,” only that it was attempted.
Florida – ‘Our Plan Might Have Paid Off’: How FPL dollars secretly funded a spoiler vs. Levine Cava
MSN – Nicholas Nehamas, Douglas Hanks, Sarah Blaskey, and Mary Ellen Klas (Miami Herald) | Published: 8/25/2022
Jeff Pitts’ political consulting firm was a conduit for millions of dollars secretly spent by Florida Power & Light (FPL) on political races since 2018, records show. In one case, the plan was to use Jonathan Burke as a spoiler candidate to drain votes from Miami-Dade County Commissioner Levine Cava, who had clashed with FPL over a nuclear power plant and force her into a runoff against her main opponent, Republican Gus Barreiro, a leaked text message suggests. Money from FPL covered Burke’s $60,000 salary and paid the rent on a $2,300-per-month home in Miami-Dade’s District 8, according to records.
Florida – Seminole GOP Chair’s Trial in ‘Ghost’ Candidate Case Starts Today
MSN – Annie Martin (Orlando Sentinel) | Published: 8/29/2022
Seminole County Republican Party Chairperson Ben Paris is on trial, accused of contributing in his cousin’s name to independent “ghost” candidate Jestine Iannotti’s campaign in 2020. Paris is facing a misdemeanor charge in the scheme, which apparently was an attempt to aid Republican Sen. Jason Brodeur, who was Paris’s boss at the Seminole County Chamber of Commerce at the time of the race. Brodeur has denied any knowledge of his former employee’s actions.
Georgia – Judge Delays Gov. Kemp’s Testimony in Ga. Probe Until After November Election
MSN – Amy Wang and Ann Marimow (Washington Post) | Published: 8/29/2022
The judge presiding over the Georgia grand jury investigation into possible election interference by Donald Trump and his allies denied a motion from Gov. Brian Kemp to quash a subpoena requiring him to testify. But Fulton County Superior Court Judge Robert McBurney delayed Kemp’s appearance before the grand jury until “some date soon after” Election Day in November. Kemp, who is running for reelection against Stacey Abrams, has alleged the investigation is politically motivated.
Hawaii – Damning Report Unlikely to Affect Honolulu Ethics Director’s Job
Honolulu Civil Beat – Christina Jedra | Published: 8/26/2022
When Jan Yamane was hired by the Honolulu Ethics Commission in 2016, she was leaving the state auditor’s office where employees accused her of operating a hostile work environment that was plagued by favoritism, low morale, and harassment. The state attorney general’s office fought for years to keep the details secret. It only became public recently after a years-long legal fight. Yamane has now spent six years heading the city’s watchdog agency which, among other things, handles complaints about misconduct that may be similar in nature to what Yamane was accused of doing.
Idaho – Former Idaho Lawmaker Sentenced to 20 Years’ Prison for Rape
Yahoo News – Rebecca Boone (Associated Press) | Published: 8/31/2022
A former Idaho lawmaker convicted of raping a 19-year-old legislative intern was sentenced to 20 years in prison for the crime. Aaron von Ehlinger must serve at least eight years before he will be eligible for parole. Von Ehlinger was convicted of felony rape in April, roughly a year after he resigned from his House seat after an ethics committee recommended that he be banned from the statehouse. Von Ehlinger’s supporters publicized the intern’s name, photo, and personal details about her life after she reported the rape, and repeatedly harassed her.
Illinois – DeVore Loan Ends Contribution Caps in Illinois AG Race
Patabook.com – Dan Petrella (Chicago Tribune) | Published: 9/1/2022
Illinois attorney general nominee Thomas DeVore loaned his campaign $250,001, a move that opens the door to unlimited contributions in the race with incumbent Kwame Raoul. Under state law, contribution limits are lifted when a candidate for statewide office donates more than $250,000 to his campaign. Until then, the limits range from $6,000 for individuals to $239,900 for political party contributions to candidates statewide.
Illinois – Pritzker’s Personal Fortune Intersects with State Contracts
Better Government Association – David Jackson, Grace Golembiewski, and Chuck Neubauer | Published: 8/30/2022
Illinois Gov. J.B. Pritzker’s vast investment portfolio includes interests in a dozen for-profit companies that earned more than $20 billion in state business since he took office in 2019, a Better Government Association investigation found. In some cases, state dollars flowed to companies registered to lobby Pritzker, who as the state’s chief executive held enormous sway over their contracts. The intersection between Pritzker’s personal bottom line and his role as governor comes despite his promise to divest his personal fortune of investments in state contractors and to transfer his multibillion-dollar portfolio into what he called a “blind trust.”
Indiana – Study: Indiana ranks last in campaign finance laws
Journal Gazette – Brett Stover | Published: 8/28/2022
Indiana has the least restrictive campaign finance laws in the country, a new study shows. The Coalition for Integrity, which that focuses on corruption and transparency, released its first-ever State Campaign Finance Index this summer. The index examines laws from all 50 states and the District of Columbia, including regulations on campaign coordination and limits on expenditures. The report highlighted the state’s lack of a cap on individual contributions. Conservative lawyer Jim Bopp Jr. sees that lack of individual contribution regulation as one of the best parts of Indiana’s campaign finance laws.
Kentucky – Citing Conflict, Scott County Residents Sue to Remove Judge Candidate from Ballot
MSN – Taylor Six (Lexington Herald-Leader) | Published: 8/29/2022
Two Scott County residents filed a civil lawsuit to remove Rob Johnson from the ballot as 14th Circuit judicial candidate. Johnson is married to 14th Judicial Circuit Commonwealth Attorney Sharon Mus. Plaintiffs say this creates a situation where Johnson could not perform the majority of the constitutional duties of the position for which he seeks election unless he violates the Judicial Canons of Ethics.
Maryland – Md. Watchdog: Reports from Pr. George’s school board ethics panel are unreliable
MSN – Nicole Asbury (Washington Post) | Published: 8/27/2022
An ethics report that targeted Prince George’s County school board members was unreliable, included “factually inaccurate” information, and omitted key exonerating statements from witnesses, Maryland’s education watchdog said. The error-riddled reports completed last year by a county school board ethics advisory panel and leaked to some community members, accused seven school board members of a variety of offenses, including steering contracts, doing political favors, and engaging in a quid pro quo with a labor union.
Michigan – Michigan Elections Panel Deadlocks, Leaving Abortion Rights Proposal Off Ballot
Yahoo News – Clara Hendrickson (Detroit Free Press) | Published: 9/1/2022
Michigan’s elections panel deadlocked along partisan lines on certifying an abortion rights measure for this fall’s ballot that proposed adding an explicit right to seek the procedure in the state. The impasse leaves the measure off the ballot. But the Reproductive Freedom for All plans to file an appeal asking the Michigan Supreme Court to put the proposed constitutional amendment before voters as election officials prepare to send out ballots next month. The Board of Canvassers’ two Republican members said organizers circulated a petition to collect voter signatures that was riddled with errors the board could not approve.
Michigan – Romulus Ex-Mayor Burcroff Pleads Guilty in Federal Corruption Case
Detroit News – Robert Snell | Published: 8/25/2022
Former Romulus Mayor LeRoy Burcroff pleaded guilty to wire fraud after being accused of spending more than $15,000 in campaign funds on personal expenses. Federal prosecutors alleged he defrauded campaign donors who thought the money would be spent on re-election expenses. Instead, prosecutors say he spent the money on his daughter’s wedding, a Florida vacation, flowers, a $4,500 alcohol bill, and dues and expenses at the Belleville Yacht Club.
Michigan – Who Controls Where and When You See Political Ads? It’s Complicated.
MLive.com – Jordyn Hermani | Published: 9/1/2022
Online outrage was sparked after a journalist noticed a 30-second advertisement, which alleges Michigan gubernatorial candidate Tudor Dixon believes there should be a total ban on abortion even in the instances of rape or incest, interrupted a children’s cartoon being streamed on Hulu. The streaming service only began running political ads this year after backlash when it initially refused to run ads from Democratic groups. Political scientist Ken Miller said the ad may not have been intended to land in a children’s show but could have a similar effect as if it had been placed during the evening news.
New Jersey – Legislative Resolutions Raise the Question: What’s the point?
New Jersey Monitor – Dana DiFilippo | Published: 8/30/2022
Resolutions are a popular way for state lawmakers to butter up constituents, grab headlines, or publicize their positions on federal issues or other matters over which they wield little control. So far this legislative session, resolutions represent about 10 person of all legislation in the New Jersey General Assembly. But only 22 resolutions, less than three percent of those introduced, have passed this year. John Froonjian of the William J. Hughes Center for Public Policy at Stockton University, said some resolutions pushed by lawmakers “are not exactly heavyweight public policy,” and he thinks the public can rightly question, “What’s the point?”
New York – Skirting Ethics Order, Hochul Seeks Donations from Cuomo Appointees
archive.today – Jay Root (New York Times) | Published: 8/30/2022
New York Gov. Kathy Hochul has been taking money from appointees of the governor, despite an executive order designed to prevent it. In her first year in office, Hochul has accepted more than $400,000 from appointees on boards across the state as well as the appointees’ spouses, a New York Times analysis found. Hochul’s campaign said it was appropriate to accept the contributions because they came from people appointed by her predecessor, Andrew Cuomo. The argument underscored a loophole in the ethics order that would seem to allow one governor to accept money from another governor’s board and commission appointees.
Pennsylvania – Pa.’s Unreliable Lobbyist Disclosure Website Is Getting a User-Friendly Upgrade
Spotlight PA – Kate Huangpu | Published: 8/29/2022
An initiative to improve the online system in Pennsylvania that lobbyists use to disclose which organizations have hired them and how they spend money got a boost in this year’s state budget. A line item listed only as “Lobbying Disclosure” under the Department of State’s general appropriations is funded at $714,000 for the fiscal year that started in July, a 150 percent increase over the previous year. A Department of State spokesperson said the money will fund an IT upgrade to a system that has been criticized as lagging, unintuitive, and often down.
South Dakota – ‘Nobody Thought This Would Be a Governor’: Noem complaint leads to key chapter in short life of ethics board
Fargo Forum – Jason Hayward | Published: 8/30/2022
A recent meeting of the Government Accountability Board, where it moved on two complaints against South Dakota Gov. Kristi Noem, was the latest in a series of unprecedented events for the board, which was created in response to a series of scandals and an initiated measure. This is the first set of complaints the board has not simply dismissed, meaning the details of the process for a possible contested case must be figured out on the fly. The confidentiality inherent to the board’s process was undermined by Jason Ravnsborg, the former attorney general who brought the complaints public during a feud with Noem over her calling for his impeachment.
Virginia – Judge Throws Out Obscenity Case Attempting to Restrict Sales of Books in Virginia Beach
Virginia Mercury – Graham Moomaw | Published: 8/30/2022
A judge in Virginia dismissed a lawsuit that sought to declare two books as obscene for children and to restrict their distribution to minors, including by booksellers and libraries. The books in question were “Gender Queer: A Memoir” and “A Court of Mist and Fury.” State Del. Tim Anderson filed the suit on behalf of former GOP congressional candidate Tommy Altman. They characterized it as part of a broader effort to strengthen parental control over what children read, while critics denounced it as old-fashioned censorship. The hearing focused less on the merits of the books or First Amendment issues and more on flaws with Virginia’s obscenity law.
Washington DC – D.C. Office Of Campaign Finance Will Investigate Ward 3 Poll Conducted by Councilmember Elissa Silverman
DCist – Callan Tansill-Suddath | Published: 8/26/2022
The Office of Campaign Finance confirmed it will investigate a complaint against District of Columbia Councilperson Elissa Silverman. The complaint says Silverman conducted a telephone poll of residents in Ward 3 ahead of the June 21 primary election and discussed the results with her preferred candidate in the race. That amounted to improper coordination between campaigns and an in-kind campaign contribution that should have been reported, according to the complaint.
Wisconsin – Former Milwaukee Ald. Chantia Lewis Has Seen Sentenced to 30 Days in Custody, 3 Years’ Probation
Yahoo News – Alison Dirr (Milwaukee Journal Sentinel) | Published: 8/25/2022
Former Milwaukee Ald. Chantia Lewis was sentenced to 30 days in custody as a condition of three years’ probation following her conviction on two felonies related to her conduct in office. Lewis was removed from office after pleading guilty to a count of misconduct in public office and no contest to a count of intentionally accepting an illegal campaign finance disbursement. Prosecutors said she took at least $21,666 in campaign funds and false travel reimbursements from the city between 2016 and 2020.
August 26, 2022 •
News You Can Use Digest – August 26, 2022
National/Federal An Unusual $1.6 Billion Donation Bolsters Conservatives Seattle Times – Kenneth Vogel and Shane Goldmacher (New York Times) | Published: 8/22/2022 A new conservative group received $1.6 billion from one donor, which among the largest – if not the largest […]
National/Federal
An Unusual $1.6 Billion Donation Bolsters Conservatives
Seattle Times – Kenneth Vogel and Shane Goldmacher (New York Times) | Published: 8/22/2022
A new conservative group received $1.6 billion from one donor, which among the largest – if not the largest – single contributions ever made to a politically focused nonprofit. The source of the money was Barre Seid, an electronics manufacturing mogul. The beneficiary is a nonprofit controlled by Leonard Leo, an activist who has used his connections to Republican donors and politicians to help engineer the conservative dominance of the Supreme Court and to finance battles over abortion rights, voting rules, and climate change policy.
Ex-Interior Secretary Zinke Lied to Investigators in Casino Case, Watchdog Finds
MSN – Lisa Rein and Anna Phillips (Washington Post) | Published: 8/24/2022
Former Interior Secretary Ryan Zinke, the leading contender to win a new U.S. House seat representing Montana this fall, lied to investigators several times about conversations he had with federal officials, lawmakers, and lobbyists about a petition by two Indian tribes to operate a casino in New England, the department’s watchdog said. Investigators concluded that when questioned about his talks with Interior attorneys and others outside the department, Zinke and his then-chief of staff failed to comply with their “duty of candor” as public officials to tell the truth, the report said.
Federal Campaign Spending on Childcare Expenses Grows in 2022 Midterms
OpenSecrets – Taylor Giorno | Published: 8/17/2022
Federal candidates are on track to spend more money on childcare ahead of 2022 midterms than in either of the previous two election cycles. For the first time since the FEC approved the expense in 2018, men are driving the increase in childcare expenditures. U.S. Rep. Eric Swalwell’s campaign spent more money on childcare than any other male federal candidate this election cycle as of June 30. A record number of mothers were sworn into Congress in 2019. But an analysis shows fewer women are using federal funds to cover childcare expenses this election cycle.
Files Copied from Voting Systems Were Shared with Trump Supporters, Election Deniers
MSN – Jon Swaine, Aaron Davis, Amy Gardner, and Emma Brown (Washington Post) | Published: 8/22/2022
Sensitive election system files obtained by attorneys working to overturn former President Trump’s 2020 defeat were shared with election deniers, conspiracy theorists, and right-wing commentators. A computer forensics firm hired by the attorneys placed the files on a server, where company records show they were downloaded dozens of times. The records include contracts between the firm and the Trump-allied attorneys, notably Sidney Powell. The data files are described as copies of components from election systems in Coffee County, Georgia, and Antrim County, Michigan.
‘It’s a Rip-Off’: GOP spending under fire as Senate hopefuls seek rescue
MSN – Isaac Arnsdorf (Washington Post) | Published: 8/19/2022
Republican U.S. Senate hopefuls are getting crushed on airwaves across the country while their national campaign fund is pulling ads and running low on cash, leading some campaign advisers to demand an audit of the National Republican Senatorial Committee’s (NRSC) finances. The NRSC canceled bookings worth about $10 million. A spokesperson said the NRSC is not abandoning those races but prioritizing ad spots that are shared with campaigns and benefit from discounted rates. Still, the cancellations forfeit cheaper prices that came from booking early, and better budgeting could have covered both.
Justice Dept. Memo to Not Charge Trump in Russia Probe Released
MSN – Devlin Barrett and Rachel Weiner (Washington Post) | Published: 8/24/2022
The Justice Department released the entire text of a secret 2019 memo that laid out the legal rationale for not charging then-President Trump with committing obstruction of justice in the investigation into whether Russia interfered in the 2016 election. The memo says no potential instances of obstruction of justice by Trump that were cited by special counsel Robert Mueller III’s “would warrant a prosecution for obstruction of justice,” regardless of whether the person being investigated was a sitting president.
New Claims Against Ex-Miami Congressman Hired by Venezuela
Yahoo News – Joshua Goodman (Associated Press) | Published: 8/20/2022
Former U.S. Rep. David Rivera, who signed a $50 million consulting contract with Venezuela’s socialist government, not only did no apparent work, but also channeled a large chunk of the money to a yacht company on behalf of a fugitive billionaire, according to new allegations in a civil suit. Rivera’s Interamerican Consulting was sued by PDV USA, a Delaware-based affiliate of Venezuelan-owned Citgo. It alleges Rivera performed no work for the $50 million contract he signed in 2017 for three months of “strategic consulting” meant to build bridges with key U.S. stakeholders.
Rep. Cawthorn Tells Feds He Forgot About $236K; Sends Amended Campaign Finance Report
Yahoo News – Joe Burgess (Asheville Citizen-Times) | Published: 8/22/2022
Days after filing a mandatory federal campaign finance document whose month-late arrival could garner him more than $17,000 in fines, U.S. Rep. Madison Cawthorn has filed another document saying he got the first report wrong. That is because he forgot about the $235,566 that he personally gave the campaign, the latest report says. While amendments such as the one Cawthorn filed are not uncommon, ones that show large changes can trigger FEC action, said FEC spokesperson Mills Martin. “What is part of the amendment that might be looked at by the FEC are what the changes are and what the additional amounts are,” Martin said.
Republicans Turn Against League of Women Voters
ProPublica – Megan O’Matz | Published: 8/18/2022
The League of Women Voters, known for focusing on voter registration, hosting debates, and conducting candidate surveys, has been more visible recently in advocating for issues like racial equity and abortion rights. As a result, the league is drawing criticism in ways that are extraordinary for the once-staid group. Republicans are pushing back, casting it as a collection of angry leftists. With more right-leaning candidates snubbing the league, voters are less likely to hear directly from those candidates in unscripted forums. That pushback sidelines the league at a time when misinformation has become a significant force in elections at every level.
Some Companies’ Political Spending Fuel Voter Suppression. Shareholders are Pushing Back
Fast Company – Kathryn Kranhold (Capital & Main) | Published: 8/25/2022
Shareholders are pressuring some of the largest American corporations to account for political spending that may be aiding voter suppression or election interference. In the past, shareholder activism has focused mostly on corporate-responsibility causes, such as environmental issues and pay equity between men and women as well as governance like executive pay. The newest movement, addressing threats to democracy, is gaining traction.
Trump Had More Than 300 Classified Documents at Mar-a-Lago
Yahoo News – Maggie Haberman, Jodi Kantor, Adam Goldman, and Ben Protess (New York Times) | Published: 8/22/2022
The initial batch of documents retrieved by the National Archives from former President Trump in January included more than 150 marked as classified, a number that ignited concern at the Justice Department and helped trigger the investigation that led FBI agents to search Mar-a-Lago seeking to recover more, people briefed on the matter said. In total, the government has recovered more than 300 documents with classified markings from Trump since he left office. The volume of the sensitive material found in Trump’s possession helps explain why the Justice Department moved so urgently to hunt down any further classified materials he might have.
Trump Kept More Than 700 Pages of Classified Documents, Letter from National Archives Says
Minneapolis Star Tribune – Alan Feuer (New York Times) | Published: 8/23/2022
Donald Trump took more than 700 pages of classified documents, including some related to the nation’s most covert intelligence operations, to his private club and residence in Florida when he left the White House, according to a letter the National Archives sent to his lawyers. The letter described the alarm in the Justice Department as officials realized how serious the documents were. It also suggested top prosecutors and members of the intelligence community were delayed in conducting a damage assessment about the documents’ removal as Trump’s lawyers tried to argue some of them might have been protected by executive privilege.
White Coats in the State Capital: OB-GYNs become political force in abortion wars
Yahoo News – Alice Miranda Ollstein and Megan Messerly (Politico) | Published: 8/22/2022
Physicians, many of whom have never mobilized politically, are banding together in the wake of the Supreme Court overturning Roe v. Wade, lobbying state lawmakers, testifying before committees, forming PACs, and launching online campaigns against proposed abortion restrictions. Lawmakers who are physicians are using their medical backgrounds to persuade colleagues to scale back some of the more restrictive and punitive portions of anti-abortion laws being considered. The new groups’ early successes in some of the nation’s most conservative states signal the power they hope to wield in the coming months as well as in years to come.
Canada
Canada – Ethics Investigation Flags Problem with Transparency in Alberta’s Lobbyist Act
MSN – Hamdi Issawi (Edmonton Journal) | Published: 8/22/2022
One of Alberta’s rules for registering lobbyists needs to change “to promote public transparency” according to a recent investigation by the province’s office of the ethics commissioner. The office began an investigation in May to determine whether Mark Kuspira, the owner of a business known as Crush Imports, had breached the Lobbyists Act – specifically whether he failed to appropriately file a return with the lobbyist registry, and whether he had been lobbying without a filed return.
From the States and Municipalities
Alaska – Ranked Choice Voting, in First Test in Alaska, Is Already Under Attack
Yahoo News – Nathaniel Herz (Anchorage Daily News) | Published: 8/17/2022
Alaskans went to the polls on August 16 for the first time using a new ranked choice system that is already under attack by a number of the politicians competing within it, and voters, in interviews, offered wide-ranging reviews. Many said they like the new system and called it intuitive. But there was also anger from voters across the political spectrum, even though much of the criticism of ranked choice has so far come from conservatives who assert it was set up to protect incumbent U.S. Sen. Lisa Murkowski from right-wing challengers.
Arizona – Court Battles Rage Over 3 Arizona Voter Initiatives
MSN – Bob Christie (Associated Press) | Published: 8/15/2022
Proponents of three voter initiatives who each turned in hundreds of thousands of signatures to qualify them for the November ballot are trying to beat back legal challenges that could prevent them from going before voters. Two of the measures – one requiring disclosure of who is funding political campaigns and another rolling back or blocking efforts by Republicans to tighten voting rules – are being challenged by pro-business groups. They alleged paid petition circulators made errors or omitted required information on their registrations with the secretary of state or petitions.
Arkansas – Court Tosses Arkansas Law Limiting Election Helpers
Arkansas Democrat-Gazette – Doug Thompson | Published: 8/23/2022
A 2009 Arkansas law forbidding one person from acting as translator for more than six voters in casting their ballots violates the federal Voting Rights Act, U.S. District Court Judge Timothy Brooks ruled. A provision of the 1965 law allows voters who require assistance because of an inability to read or write to get assistance from a person of the voter’s choice, Brooks said. His order told state and county election officials to cease trying to enforce the six-person limit and strike all mention of it from election materials.
Arkansas – Settlement Requires Arkansas Senator to Unblock Critics
MSN – Andrew DeMillo (Associated Press) | Published: 8/17/2022
Arkansas Sen. Jason Rapert will be required to unblock critics from his social media accounts under a settlement a national atheists’ group. Rapert is required to remove any restrictions on his social media accounts and will have to pay more than $16,000 to American Atheists for costs related to a lawsuit. Rapert said he is the founder and president of the National Association of Christian Lawmakers, which works to “restore the Judeo-Christian foundations of our government.”
California – California Targets Local Recall Election ‘Hyperpartisanship’
MSN – Don Thompson (Associated Press) | Published: 8/23/2022
Democratic lawmakers moved to limit the “hyperpartisanship” they said has increasingly corrupted California’s local recall elections, over the objection of Republicans who said it could boost costs and thwart voters’ will. Currently, voters generally decide whether to recall a sitting official and choose that official’s replacement at the same time and on the same ballot. But that could result in a replacement taking office with a minority of votes in a multi-candidate field, and with potentially fewer votes than the official who is ousted.
California – Judge Issues Order That Keeps Herb Wesson Off the L.A. City Council
MSN – David Zahniser (Los Angeles Times) | Published: 8/23/2022
A judge barred former Los Angeles City Councilperson Herb Wesson from returning to City Hall as a temporary fill-in for council member Mark Ridley-Thomas for at least two months, leaving his district without a voting representative. The Southern Christian Leadership Conference of Southern California has argued Wesson is barred under the city’s term limit law from returning to the council while Ridley-Thomas fights corruption charges. Wesson served more than three terms, the maximum allowed, before being appointed to the temporary post earlier this year.
California – This Former L.A. Politician Took Cash in Envelopes. Now He’s Been Fined $79,830
MSN – David Zahniser (Los Angeles Times) | Published: 8/17/2022
Five years ago, Los Angeles City Councilperson Mitchell Englander took a fateful trip to Las Vegas with a clutch of businesspeople and city staffers, accepting a free hotel room, expensive liquor, and an envelope containing $10,000, among other things. That trip eventually led to a 14-month prison sentence for Englander. The city Ethics Commission voted recently to levy a $79,830 penalty against him for violating gift laws. Commission investigators concluded Englander far exceeded the city’s limits on gifts to public officials, failed to fully report those gifts, and misused his position as a council member.
Florida – DeSantis’s New Election Crimes Unit Makes Its First Arrests
MSN – Lori Rozsa and Tim Craig (Washington Post) | Published: 8/18/2022
Florida Gov. Ron DeSantis announced the first arrests made by the state’s new elections police force – twenty people previously incarcerated for murder or sexual assault who he said had illegally voted in the 2020 election. The Florida Legislature passed a bill creating the Office of Election Crimes and Security earlier this year at DeSantis’s behest. While the 2020 election went smoothly in Florida – DeSantis called it the “gold standard” for elections – the governor has said there are still issues and conservative lawmakers have sought to further tighten voting regulations.
Florida – Judge Blocks Florida’s ‘Stop Woke Act’ Restrictions for Private Companies
MSN – Tim Craig (Washington Post) | Published: 8/18/2022
A federal judge ruled that a Florida law restricting workplace bias or diversity training violates the First Amendment and cannot be enforced. U.S. District Court Judge Mark Walker said Florida has turned “the First Amendment upside down” by trying to regulate how employers train employees on topics such as racial inclusion and gender equity. The “Stop Woke Act” prohibits trainings in public schools, colleges and universities, and workplaces that may cause someone to feel guilty or ashamed about the past collective actions of their race or sex. A violation of the act is an offense under state anti-discrimination laws.
Georgia – Georgia PSC Elections Again Delayed After High Court Ruling
MSN – Jeff Amy (Associated Press) | Published: 8/19/2022
Two Georgia Public Service Commission elections will not occur this November, the U.S. Supreme Court ruled, reversing an earlier appeals court ruling that allowed them to proceed. Instead, the justices reverted to the original decision by a federal judge in Atlanta that postponed the vote after finding that electing the five commissioners statewide illegally diluted Black votes. The Supreme Court ruled U.S. District Court Judge Steven Grimberg’s decision did not come too close to the election.
Georgia – Sen. Graham Gets Temporary Reprieve in Testifying Before Ga. Grand Jury
MSN – Amy Wang and Tom Hamburger (Washington Post) | Published: 8/21/2022
A federal appeals court has temporarily paused an order that would have required U.S. Sen. Lindsey Graham to testify before a Georgia grand jury investigating Republican efforts to reverse the 2020 presidential election results in the state. The legal maneuvering is the latest sign of tension between prosecutors and high-profile witnesses in the Fulton County district attorney’s expansive criminal probe of alleged election interference by former President Trump and his allies. After seeking repeated delays, Rudy Giuliani testified for six hours recently.
Michigan – Jury Convicts Adam Fox, Barry Croft Jr. in Whitmer Kidnapping Plot
MSN – Tresa Baldas (Detroit Free Press) | Published: 8/23/2022
In a do-over for the government, a federal jury convicted two men charged with plotting to kidnap and kill Michigan Gov. Gretchen Whitmer out of anger over her handling of the pandemic, ending a trial that highlighted the growth of violent extremism in America. Adam Fox and Barry Croft Jr. were convicted on all counts and face up to life in prison. The men were judged by a second, more diverse jury than in the first trial, which ended with no convictions for the government. Two men were acquitted in that trial and the jury deadlocked on charges against Fox and Croft Jr., triggering a mistrial that prompted the government to try again.
Missouri – Ex-St. Louis Alderman John Collins-Muhammad Admits Federal Corruption Charges
St. Louis Post-Dispatch – Joel Currier | Published: 8/23/2022
Former St. Louis Alderman John Collins-Muhammad pleaded guilty in a federal bribery case against him and two other ex-city officials. He admitted to theft or bribery concerning programs receiving federal funds, racketeering, and wire fraud. Collins-Muhammad is the first of three ex-council members to plead guilty after being indicted on charges of accepting cash bribes from a local businessperson in exchange for tax breaks. He admitted accepting $7,000 in cash, $3,000 in campaign donations, a new iPhone 11, and a 2016 Volkswagen CC sedan in exchange for his help.
New Jersey – Car Insurance Bills Shine Spotlight on Lawmaker Ethics
New Jersey Monitor – Sophie Nieto-Munoz | Published: 8/23/2022
In New Jersey’s part-time Legislature, lawmakers are often involved in legislation related directly to their full-time careers. Often these votes generate little controversy, especially if the bills pass with wide support. While watchdogs might voice concerns about conflicts-of-interest, lawmakers say their day jobs offer an insider’s knowledge that helps them better shape potential policy. But sometimes public policy can lead to financial windfalls. That is why questions are swirling about whether two top lawmakers will financially benefit from a package of bills Gov. Phil Murphy signed into law recently.
New York – Lobbyists Navigate a More Civil Yet Nuanced Landscape in Albany
City & State – Tim Murphy | Published: 8/22/2022
For a decade, and until only about a year ago, lobbyists, advocates, consultants, and others seeking to influence Albany all feared one thing: the wrath of then-Gov. Andrew Cuomo and his close advisors. Dealing with Cuomo’s inner circle was never pleasant, according to lobbyists, but cross them and they would lash out. In the past year with Gov. Kathy Hochul, they said that has changed.
North Carolina – N.C. Attorney General Can’t Be Charged with Crime Over Campaign Ad – Yet
MSN – Rachel Weiner (Washington Post) | Published: 8/24/2022
An appeals court temporarily blocked an investigation into North Carolina Attorney General Josh Stein over a negative campaign ad, saying the state law he is accused of violating is probably unconstitutional. The debate turns on a 1931 law that criminalized the publication of a “derogatory” campaign ad, “knowing such report to be false or in reckless disregard of its truth or falsity.” A grand jury is investigating whether Stein lied during his successful 2020 reelection campaign in an ad blaming his Republican rival for a backlog of untested rape kits. Even if the ad was false, Stein argued, it would be protected under current First Amendment doctrine.
Ohio – Cleveland Businessman Tony George Was Go-Between for FirstEnergy, Ex-House Speaker Larry Householder Over Nuclear Bailout
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 8/22/2022
New documents reveal a close relationship between Cleveland restaurateur Tony George and FirstEnergy in the House Bill 6 bribery scheme, with George acting as an intermediary between top company officials and now-indicted former Ohio House Speaker Larry Householder. Tracy Aston, FirstEnergy’s assistant controller, identified George as “Individual B” in the utility’s deferred prosecution agreement with federal authorities. The agreement says “Individual B” was in communication with now-fired FirstEnergy Chief Executive Officer Chuck Jones about an early effort to bail out two nuclear power plants, as well as an aborted effort by Householder to skirt state term limits.
Ohio – The Hidden Role of a Religious Lobbying Group in Ohio’s Education ‘Backpack Bill’
Ohio Capital Journal – Zurie Pope | Published: 8/24/2022
An Ohio bill that would send public education money to private schools if a student chooses to attend one was written with help from religious lobbying group the Center for Christian Virtue (CCV) and a think tank that promotes charter schools. Documents reveal CCV’s involvement in House Bill has been more extensive than previously known and included the advice and promotion of outside groups like Heritage Action and the American Legislative Exchange Council.
Pennsylvania – Philly’s Board of Ethics Will Consider Banning Super PAC ‘Redboxing’ Ahead of the 2023 Mayoral Race
Philadelphia Inquirer – Sean Collins Walsh | Published: 8/17/2022
The Philadelphia Board of Ethics heard testimony on whether it should tighten rules aimed at preventing campaigns from indirectly communicating with political groups that can raise and spend money in unlimited amounts but are prohibited from coordinating with candidates. A proposed amendment that aims to crack down on a new strategy known as “redboxing” that some candidates for federal office have used to give instructions to supportive outside spending groups without communicating with them directly. But election lawyers say the wording of the amendment is too broad and could unintentionally capture normal campaign messaging.
South Dakota – SD Gov. Kristi Noem May Have ‘Engaged in Misconduct,’ Ethics Board Says
NBC News – Associated Press | Published: 8/23/2022
The South Dakota Government Accountability Board said it found sufficient information that Gov. Kristi Noem may have “engaged in misconduct” when she intervened in her daughter’s application for a real estate appraiser’s license, and it referred a separate complaint over her airplane use to the state attorney general for investigation. She is under scrutiny from the board after Jason Ravnsborg, the former attorney general, filed complaints that stemmed from media reports on Noem’s actions in office. The governor has denied any wrongdoing.
Tennessee – Former Tennessee House Speaker Glen Casada, Cade Cothren Plead Not Guilty to Federal Corruption Charges
MSN – Melissa Brown and Adam Friedman (Tennessean) | Published: 8/23/2022
Former Tennessee House Speaker Glen Casada and his onetime chief of staff, Cade Cothren, were arrested on federal corruption charges including bribery, kickbacks, and conspiracy to commit money laundering. Prosecutors allege the pair ran a shadowy political consulting firm fronted by Cothren to solicit General Assembly business and siphon off kickbacks. Casada is the first current or former House speaker to be indicted in state history. He resigned as speaker amid a texting scandal over sexually explicit and racist conversations with Cothren.
Texas – Election Staff Abruptly Quits, Upending Rural Texas County
MSN – Paul Weber (Associated Press) | Published: 8/22/2022
Part of why Terry Hamilton says he abruptly left his job running elections in Gillespie County, Texas, is by now a familiar story in America – he became fed up with the harassment that followed the 2020 election. But this was no ordinary exit. On the brink of November’s midterm elections, it was not just Hamilton who quit but also the only other full-time election worker. The sudden emptying of an entire local elections department came less than 70 days before voters start casting ballots.
Texas – One Former and One Current State Rep Are Set to Get Part of Lucrative Houston Airport Contracts
AviationPros – Dylan McGuinness (Houston Chronicle) | Published: 8/18/2022
The Houston City Council passed a lucrative contract granting food and beverage shops inside Bush Intercontinental Airport to a partnership that includes a former legislative colleague and longtime friend of Mayor Sylvester Turner. The city said it will publicly announce the vendors after the second contract passes City Council. An affiliate of SSP Group is leading the food and beverage contract. Multiplex Inc., the concessions company founded by former state Rep. Helen Giddings of Dallas, is a junior partner in that deal. The SSP deal also involves Karen Garcia, the wife of Roland Garcia, who chaired the city’s Hispanic Advisory Council for Turner.
Texas – Texas Bans Local, State Government Entities from Doing Business with Firms That ‘Boycott’ Fossil Fuels
Texas Tribune – Mitchell Ferman | Published: 8/24/2022
Texas banned 10 financial firms from doing business with the state after Comptroller Glenn Hegar said they did not support the oil and gas industry. Hegar sent inquiries to hundreds of financial companies earlier this year requesting information about whether they were avoiding investments in the oil and gas industry in favor of renewable energy companies. The survey was a result of a new law that went into effect in September and prohibits most state agencies, as well as local governments, from contracting with firms that have cut ties with carbon-emitting energy companies.
Washington – ‘Gold Standard’ or Unconstitutional? Facebook and Wash. State AG Spar Over Political Ad Disclosure Law
MSN – Todd Bishop (GeekWire) | Published: 8/16/2022
Facebook parent company Meta and Washington Attorney General Bob Ferguson agree on this: the state’s campaign advertising disclosure law is exceptional. But is that good or bad – and more importantly, is the law constitutional? That is a matter of significant disagreement as both sides prepare for a key hearing in King County Superior Court in Seattle. It promises to be a pivotal moment in a long-running dispute over the state’s public disclosure requirements for tech platforms that run campaign ads.
Wyoming – Secretary of State Halts Unusual Effort to Put Candidate on Ballot Against Gray
Casper Star-Tribune – Victoria Eavis | Published: 8/23/2022
The Wyoming secretary of state’s office quashed an effort to put an independent challenger on the ballot to run against state Rep. Chuck Gray, the Republican secretary of state nominee. After Sen. Cale Case challenged the secretary of state’s interpretation of a statute that requires all independent candidates to sign off on their own candidacy, the chief elections office ruled against him. Case was attempting to get former legislator Nathan Winters on the ballot as an independent, despite the fact that Winters does not want to run.
August 19, 2022 •
News You Can Use Digest – August 19, 2022
National/Federal FBI Arrests Ex-Congressman on Charges of Fraud and Money Laundering MSN – Praveena Somasundaram (Washington Post) | Published: 8/16/2022 Former U.S. Rep. TJ Cox was indicted on 28 charges, including 15 counts of wire fraud and one count of campaign […]
National/Federal
FBI Arrests Ex-Congressman on Charges of Fraud and Money Laundering
MSN – Praveena Somasundaram (Washington Post) | Published: 8/16/2022
Former U.S. Rep. TJ Cox was indicted on 28 charges, including 15 counts of wire fraud and one count of campaign contribution fraud. The indictment says Cox schemed to fund and reimburse people close to him for donations to his campaign. Federal laws do not allow “conduit” or “straw” donations, in which someone makes a political contribution through someone else to their own campaign.
Federal Judiciary Can’t Stop Support Staff from Political Activity
MSN – Rachel Weiner (Washington Post) | Published: 8/18/2022
In March 2018, while weighing candidates for governor in Maryland, Lisa Guffey wanted to attend an event featuring Democrat Ben Jealous. She was told she could not. Her employer, the Administrative Office of the U.S. Courts, had two days earlier imposed new rules barring all employees from expressing political views, attending political events, or engaging in political activity. The U.S. Court of Appeals for the District of Columbia Circuit has now deemed those restrictions unconstitutional.
Homeland Security Watchdog Cuffari Faces Rebukes from Lawmakers in Missing Texts Case
MSN – Maria Sacchetti (Washington Post) | Published: 8/16/2022
The Department of Homeland Security’s chief watchdog rejected calls from leading Democratic legislators to recuse himself from the investigation into the erasure of text messages that Secret Service agents exchanged during the attack on the Capitol, drawing fresh rebukes from lawmakers. Inspector General Joseph Cuffari said in a letter that he would not share investigative documents or allow his top lieutenants to sit for transcribed interviews before House committees investigating the attack, nor would he provide documents that lawmakers requested.
Jan. 6 Grand Jury Has Subpoenaed White House Documents
Seattle Times – Alan Feuer, Luke Broadwater, and Maggie Haberman (New York Times) | Published: 8/17/2022
Federal prosecutors investigating the role that former President Trump and his allies played in the events leading up to the attack on the U.S. Capitol issued a grand jury subpoena to the National Archives for all the documents the agency provided to a parallel House select committee inquiry. The subpoena, issued to the National Archives in May, made a sweeping demand for “all materials, in whatever form” the archives had given to the January 6 House committee. Those materials included records from the files of Trump’s top aides, his daily schedule, and phone logs and a draft text of the president’s speech that preceded the riot.
Justice Department Opposes Release of Mar-a-Lago Affidavit
MSN – Perry Stein (Washington Post) | Published: 8/15/2022
The Justice Department asked a judge to keep sealed the affidavit underpinning the FBI’s search of former President Trump’s Florida residence, a document thought to hold key details about the government’s investigation into the potential mishandling of classified materials. The court filing was made in response to requests from multiple media outlets seeking the affidavit’s public release. Affidavits typically contain information addressing why authorities think there is evidence at a certain property and other details about a probe. The Justice Department argued that releasing the affidavit could hamper its investigation and potentially harm those involved.
Justice Department Subpoenas Trump White House Lawyer Eric Herschmann
MSN – Betsy Woodruff Swan (Politico) | Published: 8/15/2022
A federal grand jury investigating the attack on the U.S. Capitol subpoenaed Trump White House lawyer Eric Herschmann for documents and testimony. Herschmann represented Donald Trump in the former president’s first impeachment trial and later joined the White House as a senior adviser. He did not work in the White House counsel’s office but did provide Trump with legal advice. Because of that responsibility, there will likely be litigation over the scope of the subpoena and over how executive and attorney-client privileges may limit Herschmann’s ability to comply.
Liz Cheney Loses Primary While Vowing Effort to Keep Trump from White House
MSN – Paul Kane and Hannah Knowles (Washington Post) | Published: 8/16/2022
Rep. Liz Cheney, the once-high-ranking Republican who defied her party to wage a lonely crusade against former President Trump, lost her primary by a wide margin while vowing she would do everything in her power to keep Trump from returning to the White House. Harriet Hageman, a lawyer with Trump’s endorsement, ousted Cheney, clinching the GOP nomination for Wyoming’s only U.S. House seat.
On TikTok, Election Misinformation Thrives Ahead of Midterms
Seattle Times – Tiffany Hsu (New York Times) | Published: 8/14/2022
Ahead of the midterm elections this fall, TikTok is shaping up to be a primary incubator of baseless and misleading information, in many ways as problematic as Facebook and Twitter, say researchers who track online falsehoods. The same qualities that allow TikTok to fuel viral dance fads – the platform’s enormous reach, the short length of its videos, its powerful but poorly understood recommendation algorithm – can also make inaccurate claims difficult to contain. Baseless conspiracy theories about certain voter fraud in November are widely viewed on TikTok, which globally has more than a billion active users each month.
Sinema Took Wall Street Money While Killing Tax on Investors
MSN – Brian Slodysko (Associated Press) | Published: 8/14/2022
U.S. Sen. Kyrsten Sinema, who single-handedly thwarted her party’s longtime goal of raising taxes on wealthy investors, received nearly $1 million over the last year from private equity professionals, hedge fund managers, and venture capitalists whose taxes would have increased under the plan. For years, Democrats have promised to raise taxes on such investors, who pay a significantly lower rate on their earnings than ordinary workers. But Sinema forced a series of changes to the $740-billion election-year spending package.
Trump-Allied Lawyers Pursued Voting Machine Data in Multiple States, Records Reveal
Anchorage Daily News – Emma Brown, Jon Swaine, Aaron Davis, and Amy Gardner (Washington Post) | Published: 8/15/2022
A team of computer experts directed by lawyers allied with former President Trump copied sensitive data from election systems in Georgia as part of a secretive, multistate effort to access voting equipment that was broader, more organized, and more successful than previously reported. As they worked to overturn Trump’s 2020 election defeat, the lawyers asked a forensic data firm to access county election systems in at least three battleground states. There is growing concern among experts that officials sympathetic to Trump’s claims of vote-rigging could undermine election security in the name of protecting it.
Trump’s Angry Words Spur Warnings of Real Violence
MSN – David Klepper (Associated Press) | Published: 8/16/2022
A growing number of ardent Donald Trump supporters seem ready to strike back against the FBI or others who they believe go too far in investigating the former president. Law enforcement officials across the country are warning and being warned about an increase in threats and the potential for violent attacks on federal agents or buildings in the wake of the FBI’s search of Trump’s Mar-a-Lago residence. Experts who study radicalization and online disinformation note the recent increase was sparked by a legal search of Trump’s home. What might happen in the event of arrests or indictments?
Trump’s Secrets: How a records dispute led the FBI to search Mar-a-Lago
MSN – Josh Dawsey, Rosalind Helderman, Jacqueline Alemany, and Devlin Barrett (Washington Post) | Published: 8/13/2022
The court-authorized search of Mar-a-Lago was a remarkable moment even for Donald Trump, who has been under investigation by state and federal prosecutors nearly continuously since he swore the oath of office in 2017. What began as a low-level dispute over the Trump White House’s chaotic and haphazard record-keeping had morphed into a deeply serious probe of whether the ex-president had endangered national security by hoarding highly classified documents, some potentially related to nuclear weapons. The events marked a turning point in the Justice Department’s posture toward Trump.
Vance, DeSantis Rally Puts ‘Highly Unusual’ Restrictions on Press
MSN – Jeremy Barr (Washington Post) | Published: 8/16/2022
Journalists hoping to cover a Republican rally featuring Florida Gov. Ron DeSantis and Senate candidate J.D. Vance in Ohio will have to agree to give organizers access to any footage they take and could face questions about what it will be used for. That is among the controversial restrictions placed on journalists as a condition of receiving a press pass to cover the event, which is being organized by Turning Point Action, a conservative nonprofit led by activist Charlie Kirk.
From the States and Municipalities
California – A Bay Area Councilman Had a 14-Year-Old as His Campaign Treasurer. Regulators Want to Put a Kibosh on That.
MSN – Gabriel Greschler (Bay Area News Group) | Published: 8/11/2022
In a ruling released in May that included $15,000 in fines for multiple campaign-related violations, the Fair Political Practices Commission (FPPC) noted Milpitas City Councilperson Anthony Phan hired his 14-year-old cousin as his campaign treasurer. Phan told authorities he gave the teenager $43,000 in cash in a shoebox, and the money was later misreported on campaign disclosures. Now, a newly proposed rule from FPPC staff would prohibit minors from serving in key positions like treasurer or campaign strategist.
California – California Lawmaker Faces Scandal After Lobbyist Tweets About Alleged Affair
MSN – Ken Carlson (Sacramento Bee) | Published: 8/12/2022
State Assemblyperson Heath Flora is dealing with revelations of alleged extramarital affairs as he completes a third term and considers other ambitions. Emily Hughes, a lobbyist for the California Medical Association before she left the job in May, wrote about their relationship on Twitter. The purported involvement with a medical industry lobbyist can create an ethics problem for Flora, who is a member of the Assembly Health Committee. A romantic relationship with a medical industry lobbyist triggers conflict-of-interest rules that might require Flora to abstain from matters before the committee. It also triggers limits on the value of gifts.
California – California Lawmakers Use Secretive Process to Kill Would-Be Laws: ‘Where good bills go to die’
MSN – Andrew Sheeler, Lindsey Holden, and Stephen Hobbs (Sacramento Bee) | Published: 8/16/2022
Twice a year, a legislative instrument called the suspense file leaves many California lawmakers, lobbyists, and members of the public seething. Appropriations committees in the state Senate and Assembly use it to kill or quietly amend bills before they can reach the floor. Proponents say the suspense file is a tool of efficiency, essential for screening the hundreds of bills that come through the Legislature each year for their potential fiscal impact. Detractors call it a burial ground, used by lawmakers for decades to bury politically hazardous measures before they are forced to vote on them.
California – In Wake of ‘Pay to Play’ Fine at OC’s Health Plan for the Poor, Legislators Consider Action
Voice of OC – Nick Gerda | Published: 8/17/2022
In the wake of a “pay-to-play” state fine raising questions about Orange County’s health care plan for the poor, state legislators are now considering banning county supervisors like Andrew Do from working for the agency in the year after they leave office. State regulators fined Do $12,000 for using his CalOptima board position to try to push through lobbying contracts for two of his campaign donors. A media report revealed Do has been growing his influence at the health plan, triggering concerns from local health care leaders and state legislators about the politicization of CalOptima.
Colorado – Colorado Secretary of State Considers New Rules to Implement Campaign Contribution Limits
Colorado Politics – Hannah Metzger | Published: 8/15/2022
The Colorado secretary of state’s office is considering new campaign finance regulations, issuing a notice of proposed rulemaking and scheduling a public hearing. The potential changes stem from two bills passed during this year’s legislative session and signed into law by Gov. Jared Polis: House Bill 1060, which caps donation amounts made to school board candidates, and House Bill 1156, which updates reporting requirements for public officials.
Colorado – Public Money Supports Conservative Colorado Lobbying Group Through Membership Dues
Colorado Newsline – Zoe Schacht | Published: 8/15/2022
Membership in a conservative group that lobbies for property tax cuts and maintaining the Denver’s camping ban is not exclusive to chief executives of private companies. Higher-ups in publicly funded institutions such as universities have a seat at the table, meaning public money is being used to support the group’s conservative agenda. The University of Colorado’s involvement helps it maintain relationships with potential donors and creates networking opportunities for alumni, said Ken McConnellogue, the interim vice president for communications.
Connecticut – Port Authority Replaces Ethics Liaison, Weighs in on Previous Missteps
Connecticut Examiner – Brendan Crowley | Published: 8/16/2022
In a move reportedly unrelated to his recently announced ethics violation, the Connecticut Port Authority has replaced Andrew Lavigne as its liaison to the Office of State Ethics. Veronica Calvert, who recently re-joined the authority as its finance director, replaced Lavigne in the role. Lavigne’s involvement in the ethics violation drew scrutiny from at least one board member. David Pohorylo said it was a “shame” the violation resulted in board member Don Frost being replaced, “yet others who did accept gifts have suffered no consequences.”
Florida – DeSantis Sued by Prosecutor Suspended Over Stance on Abortion-Related Crime
MSN – Kim Bellware and Lateshia Beachum (Washington Post) | Published: 8/17/2022
A Florida prosecutor sued Gov. Ron DeSantis in a bid to be reinstated after he was dismissed from his post for pledging he would not prosecute cases stemming from the state’s 15-week abortion ban and potential bans on gender-affirming care. Hillsborough County State Attorney Andrew Warren argued his suspension was unlawful on First Amendment grounds and characterized his removal as “retaliation” by DeSantis against a critic and political rival.
Florida – Elections Panel Issues $21K Fine to Committee Connected to Associated Industries of Florida
Florida Politics – Gary Rohrer | Published: 8/16/2022
The Florida Election Commission issued a $21,250 fine to a political committee that has received more than $1.7 million from entities connected to Associated Industries of Florida (AIF) in the last four years. The sanction stems from an $85,000 transfer from the Floridians for Economic Advancement committee to Citizens for a United Florida Inc. in January 2021. The transfer was not reported to the state until November 2021. For such a sophisticated operation to have such a large payment go missing for nine months is suspicious, Commission Chairperson Nicholas Primrose said.
Florida – Mullins, ‘Potentially Bankrupt,’ Lists Different Net Worth Values on Two Legal Forms, but Says Both Are Accurate
Palm Coast Observer – Jonathan Simmons | Published: 8/14/2022
Flagler County Commission Chairperson Joe Mullins filed an August 2 document with the Circuit Court stating his net worth was negative $675,192.16 and he was “potentially bankrupt.” About two months before, he submitted a form to the Supervisor of Elections Office stating his net worth was (positive) $515,602. Mullins in a statement said the elections form and the court filing are both accurate despite the difference in the numbers, because the forms account for different things and were filed about two months apart.
Florida – This Florida Utility’s Secret Cash Helped GOP Win Gainesville State Senate Seat
Miami Herald – Mary Ellen Klaus, Nicholas Nehama, and Ana Claudia Chacin | Published: 8/5/2022
Florida Power & Light (FPL) wanted a Republican incumbent to retain a state Senate seat against a strong Democratic challenger. The utility used a nonprofit group, Broken Promises, to secretly bankroll a spoiler candidate. Running as a no-party candidate in the general election, that spoiler split the liberal vote, swinging the race to the incumbent. Broken Promises did not have to disclose its donors, so no one knew FPL paid to secretly manipulate a state election. It raises questions about whether the utility “subverted” a fair election, said Saurav Ghosh of the Campaign Legal Center.
Georgia – Giuliani Appears Before Georgia Grand Jury in Election Probe
MSN – Matthew Brown and Tom Hamburger (Washington Post) | Published: 8/17/2022
Fulton County District Attorney Fani Willis achieved a long-sought goal with former New York Mayor Rudy Giuliani appearing for six hours before a grand jury investigating efforts to overturn the 2020 election. Giuliani, who is now the highest-profile member of former President Trump’s inner circle to appear before grand jurors, was informed he is a target of the inquiry. It is not clear what Giuliani said in his closed-door appearance. It came as Willis also saw new challenges to her inquiry.
Georgia – Judge Orders Graham to Testify in Atlanta-Area Trump Probe
Yahoo News – Kyle Cheney, Nicholas Wu, and Josh Gerstein (Politico) | Published: 8/16/2022
A federal judge turned down U.S. Sen. Lindsey Graham’s bid to throw out a subpoena compelling him to testify before the Atlanta-area grand jury investigating Donald Trump’s effort to overturn the 2020 election. The ruling is a victory for District Attorney Fani Willis, who is leading the grand jury probe that resulted in a subpoena for Graham to appear for an interview. Investigators intend to query Graham about two phone calls with Georgia election officials, at the same time Trump was attempting to subvert his defeat, that included a discussion of the process for counting absentee ballots.
Illinois – Ethics Board Clears Lightfoot’s Use of City Vehicles, Aides, Security Detail on Campaign Trail
WTTW – Heather Cherone | Published: 8/17/2022
Mayor Lori Lightfoot can travel to campaign events in her city vehicle accompanied by an aide and her security detail, all paid for by taxpayers, without violating the city’s ethics ordinance, the Chicago Board of Ethics determined. The advisory opinion represents the first time the board has addressed the issues that surround the decision by an incumbent mayor to run for re-election. The opinion comes as the Ethics Board has faced several cases involving elected officials accused of improperly using city resources for non-official purposes.
Indiana – Ex-GOP State Sen. Brent Waltz Gets 10 Months in Prison for Straw Donor Scheme
MSN – Johnny Magdaleno (Indianapolis Star) | Published: 8/17/2022
Former Indiana Sen. Brent Waltz was sentenced to 10 months imprisonment after he acknowledged his role in a scheme to route $40,500 in illegal contributions to his failed bid for Congress. Waltz pleaded guilty to making and receiving conduit contributions and making false statements to the FBI. He was charged after he worked with political consultant Kelley Rogers to funnel funds from Indiana casino company New Centaur to his 2015 House campaign through straw donors.
Indiana – Rokita Consultant Hired, But Facing $18,000 in Lobbyist Registration Fines
Indiana Capital Chronicle – Leslie Bonilla Muñiz | Published: 8/11/2022
A conservative policy activist and consultant working on contract for Indiana Attorney General Todd Rokita’s office was hired as a lobby-exempt, full-time employee after she mistakenly registered as a lobbyist for the wrong entity but faces $18,000 in related fines. State law requires lobbyists to not only file registration statements (within 15 days of becoming a lobbyist, plus annually), but also file semi-annual activity reports. Lobbyists must also complete separate filings for gifts, purchases, amendments, and activity terminations. Miss a deadline, and a lobbyist is fined $100 a day, up to $4,500, until the filing is in.
New York – Casino Pushing for NYC License Forces Out Executive and Mayor Adams’ Pal Over City Job
New York Post – Carl Campanile and Bernadette Hogan | Published: 8/14/2022
Resorts World casino has “parted ways” with its security director, Timothy Pearson, after learning the longtime friend of New York City Mayor Eric Adams was serving as a public safety advisor to the mayor while getting paid by the New York City Economic Development Corporation. Pearson’s position with the city’s economic development arm raised ethics concerns as Resorts World is seeking to expand its gambling operations in Queens.
New York – Judge Rules Against State Ethics Panel in Cuomo’s Book Deal Case
Albany Times Union – Brendan Lyons | Published: 8/16/2022
A New York Supreme Court justice ruled against the former state ethics commission in its court battle seeking to force ex-Gov. Andrew Cuomo to repay $5.1 million he received for writing a book about his administration’s early response to the coronavirus pandemic. Acting state Supreme Court Justice Denise Hartman’s ruling upholding Cuomo’s petition to scuttle the actions of the Joint Commission on Public Ethics also found the commission had violated due process when it sought to undo an earlier approval of the book deal by a staff attorney.
New York – New York’s New State Government Ethics and Lobbying Oversight Body Takes Shape
Gotham Gazette – Ethan Geringer-Sameth | Published: 8/15/2022
New York’s new state government ethics commission, set to replace the Commission on Public Ethics (JCOPE), will soon take its first steps when its members are approved by a committee of law school deans. Nine out of 11 nominees to the new Commission on Ethics and Lobbying in Government have been formally named by New York’s statewide elected officials and legislative leaders. For now, 46 JCOPE employees, including its final executive director, have remained at work under the new name, administering financial disclosures laws and maintaining and auditing the state’s lobbying registry, potentially giving informal guidance in the process.
New York – Senate GOP to Pay $200K Settlement in Campaign Finance Probe
Albany Times Union – Chris Bragg | Published: 8/16/2022
State Board of Elections enforcement counsel Michael Johnson charged that New York Senate Republicans abused their housekeeping account in the lead-up to the 2016 election by issuing a series of campaign-style mailers that allegedly crossed a line into expressly seeking election of GOP candidates. While potential fines and penalties could have totaled more than $2 million, Johnson signed off on the $200,000 settlement agreement. Senate Republicans suggest the investigation had partisan undertones, arguing Johnson’s legal theory contradicted a formal opinion authored by the Board of Elections in 2013.
New York – Trump CFO’s Plea Deal Could Make Him a Prosecution Witness
Yahoo News – Michael Sisak (Associated Press) | Published: 8/18/2022
The chief financial officer of Donald Trump’s company, Allen Weisselberg, will plead guilty to tax violations in a deal that would require him to testify about illicit business practices at the Trump Organization. Weisselberg is charged with accepting more than $1.7 million in off-the-books compensation from the former president’s company over several years, including untaxed perks like rent, car payments, and school tuition. Attorney Nicholas Gravante Jr. said his client would plead guilty in exchange for a promised sentence of five months in jail.
North Carolina – North Carolina Elections Board Looking for Public Input Regarding Political Committee Regulations
Center Square – Victor Skinner | Published: 8/16/2022
The North Carolina State Board of Elections is soliciting public comment on proposed rule changes regarding political committees that do not file finance disclosure reports on time. The proposed changes would allow a political committee, referendum committee, or individual to request a waiver of a civil late penalty by using a form on the board’s website and returning it within 60 days of the notice of penalty assessment.
Ohio – Texts, Calendars, Emails Link DeWine to FirstEnergy’s Bribery Scandal
Ohio Capital Journal – Jake Zuckerman | Published: 8/15/2022
Records suggest Ohio Gov. Mike DeWine and his administration were more active than previously known in pushing for passage of a nuclear power plant bailout now at the center of a corruption scandal. Records show DeWine met repeatedly to discuss energy policy with FirstEnergy officials and at least once with former House Speaker Larry Householder, who has been criminally accused of taking a bribe from the utility to pass House Bill 6. Despite warnings, DeWine appointed Sam Randazzo in 2019 to chair the Public Utilities Commission of Ohio. FirstEnergy admitted it paid Randazzo a $4.3 million bribe to act in the company’s interests.
Rhode Island – Rep. Carlos Tobon Hit with $3,600 Fine for Over a Dozen Ethics Violations
WPRI – Steph Machado, Eli Sherman, Ted Nesi, and Tim White | Published: 8/16/2022
The Rhode Island Ethics Commission fined state Rep. Carlos Tobon $3,600 after an investigation revealed he repeatedly violated the state ethics code by failing to report a series of unpaid debts, business ownerships, and board memberships despite a legal requirement to do so annually. Tobon never showed up to the House again after a media report aired on May 5, missing the final seven weeks of the legislative session. He was also kicked off the Finance Committee by Speaker Joe Shekarchi just hours after the story came out. Yet Tobon never resigned his seat.
Tennessee – Cothren Challenges Subpoena Order by State Registry
Tennessee Lookout – Sam Stockard | Published: 8/16/2022
The former chief of staff for ex-House Speaker Glen Casada is continuing to fight a subpoena to testify before the Tennessee Registry of Election Finance about a PAC he ran secretly to attack political adversaries. Cynthia Sherwood, the attorney for Cade Cothren, claims the court should not hold him in contempt for invoking his right against self-incrimination in response to subpoenas. In advance of a hearing, Sherwood is arguing that overlapping cases against the former House speaker’s chief of staff should circumvent the state subpoena.
Wisconsin – Wisconsin Assembly Leader Axes 2020 Election Investigation After Beating Trump-Backed Primary Challenger
Yahoo News – Zach Montellaro (Politico) | Published: 8/12/2022
Wisconsin Assembly Speaker Robin Vos ended a controversial partisan review of the 2020 election, which he and GOP legislators had funded for the past year, days after Vos defeated a primary challenger. Vos ended the review and removed the chief investigator, former state Supreme Court Justice Michael Gableman, after more than a year and over $1 million in spending. Vos narrowly won his primary over an opponent who had endorsements from both former President Trump and Gableman.
Wyoming – Confusion, Compliance Concerns Color Campaign Finance Filings
WyoFile – Maggie Mullen | Published: 8/15/2022
In the wake of Wyoming’s first campaign finance filings of 2022, some lawmakers, candidates, and elections watchers are raising concerns about accountability, lack of oversight, and confusion. In a year with “election integrity” on the ballot in numerous races, and what is shaping up to be record spending, some fear new rules and a lack of proactive compliance checks by the secretary of state could result in inadvertent violations, or worse.
August 12, 2022 •
News You Can Use Digest – August 12, 2022
National/Federal Appeals Court Rules IRS Must Provide Trump’s Tax Returns to House Committee MSN – Harper Neidig (The Hill) | Published: 8/9/2022 The IRS must hand over former President Trump’s tax returns to a U.S. House committee, a federal appeals court […]
National/Federal
Appeals Court Rules IRS Must Provide Trump’s Tax Returns to House Committee
MSN – Harper Neidig (The Hill) | Published: 8/9/2022
The IRS must hand over former President Trump’s tax returns to a U.S. House committee, a federal appeals court ruled, dismissing a long-running legal challenge to block tax officials from complying with a request for the records from Democratic lawmakers. A three-judge panel for the District of Columbia Circuit Court of Appeals unanimously with the Biden administration and the Ways and Means Committee, ruling against Trump’s arguments against the committee’s authority, his privacy concerns, and his claim that complying with the request would be unconstitutional.
DaVita Helped Craft New Bill to Fix ‘Loophole’ Left by Supreme Court Ruling, Documents Show
Yahoo News – Megan Wilson (Politico) | Published: 8/9/2022
Roughly two months after dialysis company DaVita lost a Supreme Court case involving insurance coverage for its services, Congress introduced bipartisan legislation that would be a boon for dialysis providers. Its language appears to be largely modeled from a proposal circulated by the company. The new bill would obligate health plans to cover dialysis the same way they do treatments for other chronic illnesses and, if enacted, would likely increase reimbursement amounts for companies like DaVita.
Facebook Bans Hate Speech but Still Makes Money from White Supremacists
MSN – Naomi Nix (Washington Post) | Published: 8/10/2022
Facebook has long banned content referencing white nationalism. But a plethora of hate groups still populate the site, and the company boosts its revenue by running ads on searches for these pages. The findings by the Tech Transparency Project illustrate the ease with which bigoted groups can evade Facebook’s detection systems, despite the company’s years-long ban against posts that attack people on the basis of their race, religion, sexual orientation, and other characteristics. Activists have charged that by allowing hate speech to proliferate across its networks, Facebook opens the door for extremist groups to organize deadly attacks.
FBI Arrests Former Puerto Rico Governor on Bribery Charges
MSN – Perry Stein (Washington Post) | Published: 8/4/2022
Federal law enforcement agents arrested former Puerto Rico Gov. Wanda Vázquez Garced, charging her in a bribery scheme that was allegedly aimed at financing her failed 2020 gubernatorial campaign. Officials said while Vázquez Garced was governor in 2019 and 2020, she allegedly took campaign donations from a banker, Julio Martin Herrera Velutini, and a former FBI agent, Mark Rossini, who was consulting for the bank. Herrera Velutini and Rossini allegedly paid more than $300,000 to consultants who supported Vázquez Garced’s campaign.
Former Health Minister Steve Brine Cleared of Lobbying Beach for Second Time in a Year Because No VAT Was Paid
Business Insider – Catherine Neilan | Published: 8/8/2022
A former United Kingdom health minister has been cleared of breaching lobbying rules for a second time in less than a year, because in both cases no value added tax was paid. Steve Brine, who served in Theresa May’s government until March 2019, messaged then-health secretary Matt Hancock about Remedium Partners. He was being paid £1,600 a month. Former ministers are banned from lobbying ministers for two years after their last day in office. The message was sent in March 2020, meaning his approach fell within the restricted period.
Get Ready for Many More Political Emails, as Federal Regulators OK Google’s Plan to Drop Spam Filters for Eligible Federal Candidates
MSN – Dave Levinthal (Business Insider) | Published: 8/11/2022
The FEC ruled Google could legally launch a pilot program for candidates that allows them to skirt email spam filters when raising money from, or otherwise communicating with, prospective voters and donors. Despite a torrent of public outrage preceding the vote, Google is now free to invite federal candidates to sign up for the email pilot program, which would amount to a free pass out of Gmail spam-box purgatory. The FEC had to decide whether Google giving some candidates a break from spam filters constituted an illegal in-kind political contribution.
Homeland Security Watchdog Previously Accused of Misleading Investigators, Report Says
MSN – Lisa Rein, Carol Leonnig, and Maria Sacchetti (Washington Post) | Published: 8/4/2022
The Homeland Security watchdog now under scrutiny for his handling of deleted Secret Service text messages from the attack on the Capitol previously was accused of misleading federal investigators and running “afoul” of ethics regulations while he was in charge of a Justice Department inspector general field office in Tucson. Separately, investigators found Joseph Cuffari broke ethics rules by referring law firms to the prisoner’s family, including firms where some of his close friends worked.
Maps in Four States Were Ruled Illegal Gerrymanders. They’re Being Used Anyway.
Eminetra.com – Michael Wines (New York Times) | Published: 8/8/2022
Judges in Alabama, Georgia, Louisiana, and Ohio have found Republican legislators illegally drew those states’ congressional maps along racial or partisan lines, or that a trial very likely would conclude they did. Judges in the past who have reached similar findings ordered new maps, or had an expert draw them, to ensure elections were fair. But a shift in election law philosophy at the Supreme Court, combined with a new aggressiveness among Republicans who drew the maps, has upended that model. This time, all four states are using the rejected maps, and questions about their legality for future elections will be hashed out in court later.
Mar-a-Lago Search Appears Focused on Whether Trump, Aides Withheld Items
MSN – Devlin Barrett, Josh Dawsey, Rosalind Helderman, Jacqueline Alemany, and Spencer Hsu (Washington Post) | Published: 8/9/2022
In the months before the FBI’s dramatic move to execute a search warrant at former president Trump’s Florida home and open his safe to look for items, federal authorities grew increasingly concerned Trump or his lawyers and aides had not returned all the documents and other material that were government property, according to people familiar with the matter. Over months of discussions about whether documents were still missing, some officials also came to suspect Trump’s representatives were not truthful at times, sources said.
Simmering Threat of Violence Comes to Fore with Search of Trump Property
MSN – Hannah Allam (Washington Post) | Published: 8/9/2022
Within hours of the FBI search at Donald Trump’s Florida compound, Republican lawmakers, conservative talk-show hosts, anti-government provocateurs, and pro-Trump conspiracy theorists began issuing explicit or thinly veiled calls for violence. Extremist organizers have tried to hold on to the momentum they built in recent years by finding causes disparate factions could rally around. With each iteration, analysts say, the networks have grown more sophisticated and more violent. The search at Mar-a-Lago for classified documents is now presented as a tipping point, an existential threat to the country that true patriots must thwart.
The Newest Fad in Fundraising: Gold-level clubs for lobbyists
MSN – Haily Fuchs (Politico) | Published: 8/11/2022
An increasingly popular fad in campaign fundraising is access to small gatherings of politicians that lobbyists can purchase. Instead of brief face time with a lawmaker at a single event, lobbyists are offered the opportunity to develop almost a familial relationship with candidates over a series of them. Attendance at events often tops out at between 15 to 20 people, usually registered lobbyists. They were created to entice donations from individuals rather than corporate PACs. Lobbyists can, in turn, use their membership as a sell for potential new clients.
Voters Aren’t the Only Ones Feeling the Effects of Inflation
MSN – Kate Ackley (Roll Call) | Published: 8/5/2022
High inflation is not just a political messaging point to some candidates running for office. The cost of gasoline, travel, staff pay, printed materials, and food for events all affect the bottom lines of campaigns. Some say they are feeling the pinch of niner percent inflation and can relate to voters for whom rising prices is a top-of-mind matter in this year’s midterm elections. This period of high inflation will ripple into the next election cycle, too.
Who Is Scott Perry, Trump Ally and Lawmaker Whose Phone Was Seized by FBI?
MSN – Kim Bellware (Washington Post) | Published: 8/9/2022
U.S. Rep. Scott Perry’s cellphone was seized as part of the Justice Department’s criminal investigation into the use of fake electors to try to overturn President Biden’s victory. Perry is the first member of Congress known to have his phone seized as part of the probe into the attempt at the U.S. Capitol to overturn the results of the 2020 presidential election. Perry did not say why investigators confiscated his phone and wrote in a statement that the contents of his phone are not the “government’s business.”
From the States and Municipalities
California – Anaheim City Council Votes to Investigate Itself Following FBI Corruption Probe
LAist – Jill Replogle | Published: 8/10/2022
The city of Anaheim will fund an independent audit of campaign contributions to former Mayor Harry Sidhu and current city council members following an FBI corruption probe that came to light in May. The council voted to hire the firm JL Group to carry out the investigation. Sidhu resigned after it became public the FBI is investigating him for alleged corruption in connection with the sale of Angel Stadium. The audit is intended to provide a measure of transparency after warrants revealed what the FBI called a “covert group” that wielded influence over city government.
California – DA Jenkins Pocketed Six Figures as Consultant for Nonprofit Linked to Boudin Recall Backers
San Francisco Standard – Michael Barba | Published: 8/8/2022
Brooke Jenkins did not just quit her job as a local prosecutor to volunteer for the recall against her former boss, San Francisco District Attorney Chesa Boudin. Newly filed records show she also collected more than $100,000 as a consultant for Neighbors for a Better San Francisco, a nonprofit that shares an address and virtually the same name as the organization behind Boudin’s recall but is legally a separate entity. Jenkins earned the salary in the six months before Mayor London Breed appointed her district attorney on July 8. During that period, Jenkins was volunteering as a spokesperson on the recall campaign.
California – Ethics Commission Blames City Union for Derailing Anti-Corruption Ballot Measure
San Francisco Standard – Mike Edge | Published: 8/10/2022
A ballot initiative that would have tightened up rules around gifts to public officials failed to make the ballot, and San Francisco ethics watchdogs are blaming a union representing city department heads. The Ethics Commission pointed the finger at the Municipal Executives Association in a recent letter, writing the union used the bargaining process to stall the proposed ballot measure past a key deadline. The measure sought to expand the definition of what would constitute a bribe, mandate disclosure of any relationships with city contractors, and add more comprehensive ethics training for city employees.
California – Force Multipliers: How one donor network is pushing the envelope on California campaign money
CalMatters – Ben Christopher, Alexei Koseff, and Jeremia Kimelman | Published: 8/4/2022
In the 2022 election cycle so far, the Govern For California network has donated more than $3 million to more than 110 candidates across California, the vast majority of the money going to those running for the state Senate and Assembly. Govern For California characterizes its 18 chapters as “force multipliers” that amplify the influence of its donors on state politics and government. The organization opposes what it regards as excessive sway of labor unions over state policy. Some experts questioned whether it is a way for its small cadre of wealthy donors to evade contribution caps designed to limit anyone from having outsized influence.
Colorado – In Crowded City Races, Denver’s New Fair Election Fund Will Face First Test
MSN – Joe Rubino (Denver Post) | Published: 8/9/2022
Overhauling Denver’s campaign finance rules was popular with voters in 2018. More than 70 percent of Denverites who cast ballots that year voted for Referred Measure 2E. The sweeping change ratcheted down contribution limits for candidates seeking every seat from mayor to the city auditor, banned direct corporate and union campaign donations, and established a fund to provide public financing for candidates who agreed to abide by even lower limits and other rules. Denver’s 2023 municipal election is inching closer and, finally, the city’s fair elections fund will come to bear on local races.
Connecticut – Larry McHugh to Replace Embattled CT Port Authority Official
MSN – Keith Phaneuf (Connecticut Mirror) | Published: 8/6/2022
House Speaker Matt Ritter selected a longtime business and education leader to replace one of the Connecticut Port Authority officials cited in a state ethics ruling. Lawrence McHugh will replace Donald Frost on the board of directors. Ritter said he was dismayed to learn that Frost was one of the officials at the quasi-public entity who had accepted illegal gifts from Seabury Maritime, a consultant hired to help find a developer for the state pier in New London.
Florida – DeSantis Suspends Elected Prosecutor Over New Abortion Law
Yahoo News – Anthony Izaguirre (Associated Press) | Published: 8/4/2022
Florida Gov. Ron DeSantis suspended Hillsborough County State Attorney Andrew Warren pledging not to enforce the state’s new 15-week abortion ban and for supporting gender transition treatments for minors. Asked whether he is overriding the will of the voters by suspending their choice for prosecutor, DeSantis said Warren’s conduct has fallen “below the standard of the Florida Constitution” and that he has neglected his duty to state law.
Florida – Second Firm in Sunset Lounge Bid Disqualified for Improper Lobbying of West Palm Beach Mayor
MSN – Terri Parker (WPBF) | Published: 8/10/2022
There is a new twist in the continuing saga of who will operate the historic and newly renovated Sunset Lounge in West Palm Beach. The firm that was awarded the bid three weeks ago is now disqualified. The city’s procurement director said Mad Room Hospitality violated the terms of the Request for Proposal by contacting the mayor and a commissioner via email before the contract was executed. Vita Lounge LLC had also been disqualified for allegedly lobbying people on Facebook to support their selection and doing an interview on WPBF.
Hawaii – Campaign Spending Commission Investigates COVID Testing Company That Got Big City Contract
MSN – Rick Daysog (Hawaii News Now) | Published: 8/8/2022
The Hawaii Campaign Spending Commission is investigating one of the companies that was awarded a multi-million-dollar COVID testing contract by former Honolulu Mayor Kirk Caldwell’s administration. The commission subpoenaed the bank records of two employees of Capture Diagnostics, which is part of a consortium awarded a $19.5 million emergency contract for the city’s testing program at the Daniel K. Inouye International Airport. The commission is looking at whether the company reimbursed the employees who gave a total of $10,000 to the Caldwell campaign.
Illinois – State Sen. Elgie Sims Approached in Federal Criminal Investigation into Alleged Influence Peddling by Body-Cam Company
Yahoo News – Jason Meisner and Ray Long (Chicago Tribune) | Published: 8/8/2022
Illinois Sen. Elgie Sims was approached in the spring by federal authorities investigating potential influence peddling involving a police body-camera manufacturer that hired the law firm where Sims works as a lobbyist. The ongoing probe involves Axon Enterprise, a law-enforcement technology company that hired law firm Foley & Lardner to lobby lawmakers in Springfield and Chicago. Sims is an “of-counsel” attorney at Foley, specializing in government affairs and public policy. Investigators are looking into whether Axon improperly tried to influence Sims in his official duties working on criminal justice legislation, which requires every police officer in the state to wear a body camera by 2025.
Indiana – Anti-Common Core Activist Failed to Register as Lobbyist for Rokita’s Office
Indiana Capital Chronicle – Leslie Bonilla Muñiz | Published: 8/9/2022
Erin Tuttle, a policy consultant and state contractor, mistakenly registered as a lobbyist for the city of Indianapolis rather than the state of Indiana. Tuttle and Chief Administrative Officer Larry Hopkins signed a two-year, $200,000 contract for research, analysis, and communications help for state Attorney General Todd Rokita’s office. Among Tuttle’s listed duties: “Contractor shall interact and communicate with legislators.” That set Tuttle up for a potential violation of Indiana law when she did not register with the Lobby Registration Commission.
Indiana – Two Ind. Officers Suspended After Arresting Man Thought to Be Anti-Police
MSN – Meryl Kornfield (Washington Post) | Published: 8/10/2022
Two Indiana officers were suspended after a courtroom revelation that police thought a potential town council candidate was anti-police and arrested him, stopping him from running for office. Franklin County Prosecutor Chris Huerkamp dropped charges that included drug possession against Trevin Thalheimer after an officer and witness recounted how Brookville police talked about Thalheimer. Huerkamp, who also did not pursue a rape charge police had investigated, said he was “disturbed beyond words” by the alleged police conduct and reported the incident to the Indiana State Police, which launched a criminal investigation.
Michigan – GOP Nominee for Michigan AG Named in Election Security Breach Probe
MSN – Rosalind Helderman, Emma Brown, and Tom Hamburger (Washington Post) | Published: 8/7/2022
State police have been investigating efforts by supporters of former President Trump to convince Michigan clerks to give them access to voting software and tabulating machines, so they could examine them to prove fraud took place in 2020. Now, Michigan Attorney General Dana Nessel is seeking the appointment of a special prosecutor to investigate the Republican nominee for her job, Matthew DePerno, after the investigation found evidence that he helped orchestrate an effort last year to gain unauthorized access to voting equipment.
Michigan – Super PAC Backing Tudor Dixon Hides Its Origins Despite Disclosing Donors
MSN – Simon Schuster (MLive.com) | Published: 8/10/2022
Michigan Families United hosted an appearance by Tudor Dixon, the Republican nominee for governor of Michigan, that became the basis for campaign ads in which it spent $2.5 million to air before the GOP primary. Michigan Families United spent more than Dixon’s campaign raised in total and more than 20 times what her campaign spent on advertising, but who is behind super PAC remains shrouded in secrecy.
Missouri – Missouri Prepping for New Rules on Campaign Donations by Businesses
St. Louis Post Dispatch – Kurt Erickson | Published: 8/4/2022
Missouri ethics regulators are preparing for a change in state law designed to allow some businesses to give directly to candidates. The law is aimed at stopping shell companies from pumping “dark money” into campaigns by requiring limited liability companies with a specific tax status to register with the state Ethics Commission. The commission released guidance on the new requirements and said it is developing a portal on its website for companies to register and for candidates to search whether a company has submitted the proper paperwork.
New Jersey – Disclosure Statements Provide Little Insight into Lawmakers’ Finances
New Jersey Monitor – Nikita Biryukov | Published: 8/8/2022
Members of more than 50 state boards, commissions, and committees in New Jersey, as well as high-ranking administration officials, must annually report their finances with greater levels of transparency than state lawmakers. Recent efforts to require lawmakers to disclose more about their finances have not gone anywhere. Experts in government and ethics say broader requirements would not only help the public know more about the sources of their state representatives’ income but would also boost public confidence in government.
New York – City Ethics Board Out of Business
Investigative Post – Geoff Kelly | Published: 8/8/2022
Last September, 140 people signed a formal complaint filed with the Buffalo Board of Ethics. The complaint alleged city workers, including police officers, were campaigning for Mayor Byron Brown on city time, using city resources. Almost a year later, there has been no response, not even an acknowledgement the complaint was received. The ethics board has not met in two-and-a-half years.
New York – Erie County Comptroller Seeks Answers on OTB Lobbying Expenses
Lockport Journal – Mark Scheer | Published: 8/9/2022
Erie County Comptroller Kevin Hardwick is asking more questions about the inner workings of Western Regional Off-Track Betting Corp. (OTB) and this time he wants to know why it is spending so much public money on Albany lobbyists. Hardwick said that following a review of the agency’s board meeting minutes dating back to 2014, his office found OTB has used 10 firms for lobbying and advocacy activities. The comptroller said the agency either paid or agreed to pay a total of $157,000 for such services in the first six months of 2022 alone. The letter about lobbying is the third one that Hardwick’s office has sent to OTB in less than two weeks.
New York – State Agency Made Key Reversal in Bid Process Won by Hochul Donor
Albany Times Union – Chris Bragg | Published: 8/5/2022
Medical Answering Services contended it could run New York’s medical transportation program for far less money than its rivals, a major factor when the company eventually won the competitive bidding. A competitor for the contract, Modivcare Solutions, says it learned a key, promised part of the process was not followed. Two months before the award was issued, Medical Answering Services’ founder, Russ Maxwell, hosted a campaign fundraiser for Gov. Kathy Hochul, one of many such events hosted by people with business before her administration.
New York – Trump Takes the Fifth
Yahoo News – Kelly Hooper (Politico) | Published: 8/10/2022
Former President Trump declined to answer questions during a deposition with the office of New York Attorney General Tish James, asserting his Fifth Amendment right against self-incrimination. Trump’s deposition came amid the office’s three-year-long investigation into whether the Trump Organization had misstated the value of assets on financial statements. The former president is also the subject of a parallel criminal investigation being conducted by the Manhattan district attorney’s office into whether he fraudulently inflated property values.
Ohio – Judge Scolds Ohio House Bill 6 Defendant for Posting Witness’s Social Security Card and Driver’s License Online
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 8/5/2022
A federal judge admonished a former lobbyist accused in the Ohio House Bill 6 corruption matter for using his website to publish the personal information of a key witness in the case, including unredacted copies of his driver’s license and Social Security card. U.S. District Court Judge Timothy Black said he found it “entirely incredible” that Matt Borges did not mean to post witness Tyler Fehrman’s information to his legal-defense website.
Ohio – Utility Regulator Accused of Taking a Bribe Helped Write Bill Targeting Watchdog
Ohio Capital Journal – Jake Zuckerman | Published: 8/5/2022
Ohio’s former top utility regulator, who was accused of taking a $4.3 million bribe, spent months helping write a sweeping energy bill that targeted a state watchdog agency that advocates for residential electric customers, records show. Emails from the Public Utilities Commission of Ohio show its former chairperson, Sam Randazzo, conferred with the bill sponsor and helped draft legislative language. The bill would have limited the reach of the Ohio Consumers’ Counsel and given often-hostile state legislators control of its board.
Pennsylvania – Posh Southwestern Pa. Party Spotlights How Lawmakers and Lobbyists Mingle Out of the Public Eye
Pittsburgh Post-Gazette – Mike Werechagin | Published: 8/7/2022
Pennsylvania is among a minority of states that places no limits on the value of gifts special interests can give legislators. Even members of Pennsylvania’s executive branch cannot accept gifts or meals under an executive order signed by Gov. Tom Wolf the day he took office. But the Legislature has blocked nearly every effort to limit the ability of special interests to shower lawmakers with dinners, drinks, and travel, or to give the public a clear picture of what their representatives and senators allow lobbyists to buy them.
Rhode Island – Inside the Political, Personal, and Legal Connections of the Tidewater Landing Soccer Stadium Deal
MSN – Brian Amaral (Boston Globe) | Published: 8/4/2022
When the Rhode Island Commerce Corporation’s board convened to consider appropriating $60 million for the Tidewater Landing soccer stadium project in Pawtucket, relationships between board members and outside interests sparked criticism. Law partners for the Commerce Corporation’s attorney are registered as lobbyists for the developer. A board member’s sister is trying to unseat the incumbent governor, who chairs the board. A Pawtucket city official who helped shepherd the deal through by working with the Commerce official who is now running for treasurer against the Pawtucket official’s fiancé.
Texas – Not a ‘Love Story’: Former Richardson mayor gets 6 years for accepting bribes, sex
MSN – Kevin Krause (Dallas Morning News) | Published: 8/4/2022
Laura Maczka, a first-time Richardson, Texas, mayor, accepted a string of favors, some sexual, from the wealthy developer, Mark Jordan, who became her lover and then her husband. She did what she could while on the city council to make sure he got the zoning he wanted for his planned apartments despite vehement resident opposition. Now the pair are headed to federal prison for their misdeeds in a public corruption case that spanned almost a decade and resulted in a city investigation and two salacious public trials.
Virginia – Virginia Official Lobbied for Gas Project His Agency Will Consider
Roanoke Times – Patrick Wilson (Richmond Times Dispatch) | Published: 8/5/2022
As one of eight gubernatorial appointees on the Virginia Marine Resources Commission, James Minor gets a vote on an anticipated permit request for a natural gas pipeline expansion near Petersburg. Public records show he has been lobbying elected officials to support the project; he and the company that wants to build it will not say if he was paid for the work. Public records show Minor emailed and called elected officials in Petersburg between February and May on behalf of a pipeline expansion project from TC Energy and its subsidiary, Columbia Gas Transmission.
Washington – Tim Eyman Forced to Sell House to Pay Campaign Finance Fines, Debts
Seattle Times – David Gutman | Published: 8/5/2022
Anti-tax initiative promoter Tim Eyman, who was found liable last year in Washington for “numerous and particularly egregious” violations of campaign finance law, has been forced to sell his house to help pay millions of dollars of fines and debt. The $900,000 in proceeds will go toward paying off the more than $5.6 million in sanctions and legal fees he owes the state and other creditors. A judge found Eyman enriched himself by laundering political donations, accepted kickbacks from a signature-gathering company, and secretly shuttled money between initiative campaigns and concealed the source of other political contributions.
August 5, 2022 •
News You Can Use Digest – August 5, 2022
National/Federal A Right-Wing Think Tank Claimed to Be a Church. Now, Members of Congress Want to Investigate. ProPublica – Andrew Suozzo | Published: 8/2/2022 Forty members of Congress asked the IRS and the Treasury Department to investigate what the lawmakers termed […]
National/Federal
A Right-Wing Think Tank Claimed to Be a Church. Now, Members of Congress Want to Investigate.
ProPublica – Andrew Suozzo | Published: 8/2/2022
Forty members of Congress asked the IRS and the Treasury Department to investigate what the lawmakers termed an “alarming pattern” of right-wing advocacy groups registering with the tax agency as churches, a move that allows the organizations to shield themselves from some financial reporting requirements and makes it easier to avoid audits. The representatives raised transparency concerns following a ProPublica story about the Family Research Council, a right-wing Christian think tank based in Washington, D.C., getting reclassified as a church.
Campaign Finance Watchdog Alleges WinRed Processed Billions in Political Contributions Without Disclosing Operating Expenses
OpenSecrets – Taylor Giorno | Published: 7/29/2022
Online Republican fundraising platform WinRed may have failed to fully disclose operating expenses, the Campaign Legal Center alleges in a new FEC complaint. The self-described “#1 fundraising technology used by conservatives” reported less than $2,700 in operating expenses since January 2019 despite processing over $2.8 billion in earmarked contributions, and $212 million in contribution refunds, during that period, according to the complaint.
Ex-White House Counsel Subpoenaed by Federal Grand Jury Investigating Jan. 6 Attack
ABC News – Katherine Faulders, John Santucci, and Alexander Mallin | Published: 8/2/2022
A federal grand jury subpoenaed former Trump White House counsel Pat Cipollone in its investigation into the assault on the U.S. Capitol and efforts to overturn the 2020 election. The move to subpoena Cipollone signals an even more dramatic escalation in the Justice Department’s investigation of the attack than previously known, following appearances by senior members of former Vice President Mike Pence’s staff before the grand jury.
First Jan. 6 Defendant Convicted at Trial Receives Longest Sentence of 7 Years
MSN – Spencer Hsu and Tom Jackman (Washington Post) | Published: 8/1/2022
The first U.S. Capitol riot defendant convicted at trial was sentenced to more than seven years in prison, the longest punishment handed down to date over the January6, 2021, attack on Congress. Guy Reffitt, a recruiter for the right-wing Three Percenters movement in Texas, was convicted of five felony offenses, including obstruction of Congress as it met to certify the 2020 election result, interfering with police, and carrying a firearm to a riot, and threatening his teenage son, who turned him in to the FBI.
Hot Mic Captured Gaetz Assuring Stone of Pardon, Discussing Mueller Redactions
Anchorage Daily News – John Swaine and Dalton Bennett (Washington Post) | Published: 7/30/2022
As Roger Stone prepared to stand trial in 2019, complaining he was under pressure from federal prosecutors to incriminate Donald Trump, a close ally of the president repeatedly assured Stone “the boss” would likely grant him clemency if he were convicted, a recording shows. U.S. Rep. Matt Gaetz predicted Stone would be found guilty at his trial but would not “do a day” in prison. Gaetz was apparently unaware they were being recorded by documentary filmmakers following Stone, whom special counsel Robert Mueller had charged with obstruction of a congressional investigation.
Jan. 6 Text Messages Wiped from Phones of Key Trump Pentagon Officials
CNN – Tierny Sneed and Zachary Cohen | Published: 8/2/2022
The Department of Defense (DOD) wiped the phones of top departing DOD and Army officials at the end of the Trump administration, deleting any texts from key witnesses to events surrounding the attack on the U.S. Capitol. American Oversight filed a Freedom of Information suit seeking the records from former acting Secretary of Defense Chris Miller, former chief of staff Kash Patel, and former Secretary of the Army Ryan McCarthy, among others. Miller, Patel, and McCarthy have been viewed as crucial witnesses for understanding government’s response to the assault and former President Trump’s reaction to the breach.
Justice Department Details Threats Against Election Workers
Associated Press News – Marina Villeneuve | Published: 8/3/2022
The U.S. Justice Department has charged five people for making threats of violence against election workers amid a rising wave of harassment and intimidation tied to the 2020 presidential race, a top official told the Senate Judiciary Committee. Assistant Attorney General Kenneth Polite said the department has investigated more than 1,000 harassing and threatening messages directed at election workers. Roughly 100 of those have risen to the level of potential prosecution.
Russian National Charged with U.S. Political Influence Operation
MSN – Devlin Barrett (Washington Post) | Published: 7/29/2022
Federal authorities charged a Russian man with a years-long malign influence campaign targeting American politics – alleging he used American groups in Florida, Georgia, and California to sow discord and push pro-Russia propaganda. Aleksandr Viktorovich Ionov, who lives in Moscow, worked for nearly eight years with Russian officials to fund and direct the U.S. groups, according to the indictment. It does not name the groups, but charges Ionov also advised the campaigns of two unidentified candidates in Florida.
Secret Service’s ‘Ludicrous’ Deletion of Jan. 6 Phone Data Baffles Experts
MSN – Drew Harwell, Will Oremus, and Joseph Menn (Washington Post) | Published: 7/29/2022
Cybersecurity experts and former government leaders are stunned by how poorly the Secret Service and the Department of Homeland Security handled the preservation of officials’ text messages and other data from around January 6, 2021, saying the top agencies entrusted with fighting cybercrime should never have bungled the simple task of backing up agents’ phones. Experts are divided over whether the disappearance of the phone data is a sign of incompetence, an intentional coverup, or some murky middle ground. But the failure has raised suspicions about the disposition of records whose preservation was mandated by federal law.
Several Election Deniers Backed by Trump Prevail in Hotly Contested Primaries
MSN – Hannah Knowles (Washington Post) | Published: 8/3/2022
Several election deniers backed by former President Trump prevailed in closely watched primaries on August 2, as a nationwide battle over the future of the GOP played out in state and federal races across five states. Primaries in these states as well as Kansas and Washington kicked off a final series of intraparty contests before the midterms that will determine control of Congress in the fall. It was unclear what the totality of the primaries would reveal about the influence of Trump and his ideas, with key contests yet to be settled.
The GOP Went to War Against Google Over Spam – and May Win
MSN – Isaac Stanley-Becker and Josh Dawsey (Washington Post) | Published: 7/29/2022
Many Republican lawmakers contend Google is suppressing the party’s campaign solicitations. Republicans have waged a pressure campaign that has included public Twitter offensives and private discussions with Google executives. The effort’s impact became apparent when Google asked the FEC to approve a pilot program that would exempt campaign emails from spam detection. The amount of political fundraising conducted over email and text has exploded in recent years, adding to the deluge of promotional messages swamping Americans every day. The full-court press drew on the GOP’s protest that Silicon Valley is biased against conservatives, a claim disputed by the companies.
The RNC ‘Election Integrity’ Official Appearing in DOJ’s Jan. 6 Subpoenas
MSN – Betsy Woodruff Swan (Politico) | Published: 7/30/2022
In addition to a group of former President Trump’s top lawyers, the Justice Department’s January 6 probe is also seeking communications to and from a Republican National Committee (RNC) staffer in a sensitive role. At least three witnesses in the investigation of so-called alternate electors in the 2020 election have received subpoenas demanding communications to and from Joshua Findlay, who is now the RNC’s national director for election integrity.
U.S. Sues Former Trump Aide Peter Navarro Over White House Emails
MSN – Devlin Barrett (Washington Post) | Published: 8/3/2022
Peter Navarro, the former Trump economic adviser already facing trial on charges of contempt of Congress, was sued by the government over his refusal to turn over private emails he allegedly used to conduct White House business during the Trump administration. The lawsuit charges he “is wrongfully retaining Presidential records that are the property of the United States, and which constitute part of the permanent historical record of the prior administration.”
From the States and Municipalities
Arizona – Arizona Officials Warned Fake Electors Plan Could ‘Appear Treasonous’
MSN – Maggie Haberman and Luke Broadwater (New York Times) | Published: 8/3/2022
Two Arizona Republicans recruited by allies of former President Trump to join an effort to keep him in office after he lost the 2020 election grew so concerned about the plan that they told lawyers working on it that they feared their actions could be seen as treason, according to emails. The scheme was part of a broader plan to falsely manufacture a victory for Trump by creating fake slates of electors in battleground states who would claim he had been the true winner. Some of the lawyers who undertook the effort doubted its legality.
California – Alameda County Sued by Anti-Affirmative Action Group Over Public Contracts Policy
MSN – Joseph Geha (Bay Area News Group) | Published: 7/31/2022
Alameda County’s efforts to ensure minority-owned and women-owned businesses get a share of public construction contracts violate the U.S. and California Constitution, according to a lawsuit. Plaintiffs say the county’s Public Works Agency and its General Services Agency both oversee similar programs that “force general contractors to discriminate against subcontractors” if they are not minority owned. The programs, which push contractors working on many projects to have at least 15 percent of the work done by minority-owned businesses and at least five percent done by women-owned businesses, amount to “government-sanctioned racial discrimination.”
California – Is It Too Easy for Write-In Candidates in California Elections?
CalMatters – Sameea Kamal | Published: 7/28/2022
In California elections, it only takes a handful of signatures and votes for legislative write-in candidates to get on the November ballot. While some candidates might spend millions of dollars or months campaigning, California’s top-two primary system means that in races with only one other candidate, it is possible for a write-in candidate to sneak into second place with very little support. For the June 7 primary, state Assembly and Senate candidates needed as few as 40 people to sign nomination papers to qualify as write-in candidates. No matter how few votes they won, as long as they finished in second, they advanced to the November election.
California – L.A. City Councilman Mark Ridley-Thomas Sues City Hall, Seeking to Restore His Pay
MSN – David Zahniser (Los Angeles Times) | Published: 7/28/2022
Los Angeles City Councilperson Mark Ridley-Thomas filed a lawsuit seeking to have a judge strike down the city’s decision to cut off his pay while he fights federal corruption charges. In his filing, Ridley-Thomas called the decision by City Controller Ron Galperin to terminate his pay and health benefits “unauthorized, unlawful and politicized.” Ridley-Thomas said he is barred under city law from seeking outside income while he fights the charges. He also contends that Galperin’s actions violated the City Charter.
California – SF Arts Commission Director Used Grant Money for a Hawaii Vacation
San Francisco Examiner – Thomas Hughes (Bay City News Foundation) | Published: 8/2/2022
A former director of the San Francisco Arts Commission was fined $20,000 after she admitted diverting grant money to finance a personal vacation in Hawaii. The grant had been intended for a local Native and Indigenous artist and was awarded to fund a short documentary exploring pre-colonial connections across the Pacific. Instead, the money was used by former arts director Barbara Mumby-Huerta to pay travel expenses to Hawaii for herself, her daughter, and a friend, a trip in which no work was ever produced.
Connecticut – Connecticut Port Authority Reveals Which Employees Accepted Gifts
Yahoo – Greg Smith (The Day) | Published: 8/1/2022
At the request of two state senators, the Connecticut Port Authority (CPA) has released the names of its employees that improperly accepted gifts from a company vying for authority business. Former Executive Director Evan Matthews and Andrew Lavigne, the CPA’s current manager of business development and special projects, each received a $625 ticket from Seabury Maritime Capital to a May 2019 National Hockey League playoff game in Boston along with food and beverages from a restaurant.
Florida – Ethics Panel Hearing Set for Bristol City Clerk Who Allegedly Left IOUs for City Cash
Yahoo News – Karl Etters (Tallahassee Democrat) | Published: 8/1/2022
A state ethics panel found probable cause for a complaint against Bristol’s city clerk that alleges she left IOU notes for money she took from the cash drawer in City Hall. The panel recommended a formal public hearing for City Clerk Robin Hatcher. Deputy City Clerk Nichole Day said she saw Hatcher take $200 from the city’s cash drawer and replace it with a slip of paper “stating she had taken cash and would repay it later,” according to the complaint. Hatcher said she intended to donate $200 of her own money to the high school weightlifting team but didn’t have a chance to get to the bank, taking city money instead.
Florida – Florida Power & Light Operates an Exclusive, Invite-Only Lounge for Lawmakers and Lobbyists
MSN – Matt Dixon and Bruce Ritchie (Politico) | Published: 8/2/2022
Florida Power & Light operates an event space located on the third floor of the company’s Tallahassee offices. The exclusive lounge is used by company officials to host lobbyists and the lawmakers whose votes they need, according to sources. Revelations of the party space come as the utility is mired in scandals over its aggressive approach to lobbying and public advocacy. State Rep. Anna Eskamani said the energy company’s exclusive lounge raises concerns it is illicitly influencing lawmakers and violating the state’s gift ban and open meetings laws.
Florida – Intrigue Grows in Florida’s ‘Ghost’ Candidate Case as Prosecutors Seek More Info
Bradenton Herald – Ana Ceballos (Miami Herald) | Published: 7/30/2022
Prosecutors subpoenaed records related to a $600,000 money transfer between “dark money” organizations tied to an ongoing Miami-Dade County criminal case surrounding “ghost candidates” in the 2020 election. The transfer is adding a new layer of intrigue to a years-long question into who paid for thousands of political mail advertisements to promote sham no-party candidates in three contested Florida races that were key to helping solidify the Republican majority in the state Senate.
Florida – Judge Candidate Says Ivey Offered to Help Secure Appointment If She Dropped Out of Race
Yahoo News – Eric Rogers and Bobby Block (Florida Today) | Published: 8/3/2022
In the weeks since two Republican candidates said Brevard County Sheriff Wayne Ivey offered to securer them political jobs worth up to $50,000 a year if they left their races and backed his favored contenders, the election meddling controversy has widened. Now, another candidate has come forward, saying Ivey also tried to interfere in her race for county judge and offered to help secure her a spot as the county’s next state attorney if she agreed to drop out of the contest.
Georgia – Georgia Ethics Board Moves Forward Against Abrams-Linked Groups
MSN – Margaret Newkirk (Bloomberg) | Published: 8/1/2022
Georgia’s ethics commission will move ahead with a case against two groups founded by Democratic gubernatorial candidate Stacey Abrams, saying it was likely they violated campaign finance law by helping her first run for governor four years ago. The ruling paves the way for a final hearing and decision that could bring the biggest ethics fine in state history, just as the rematch between Abrams and Republican Governor Brian Kemp moves into its final three months.
Illinois – Ex-Speaker Michael Madigan’s Pension Payments Balloon as Judge Grants Defense Until Next Year to File Motions in Racketeering Case
MSN – Ray Long and Jason Meisner (Chicago Tribune) | Published: 8/3/2022
As a federal judge granted a lengthy extension for Michael Madigan’s racketeering case, the former Illinois House speaker’s state pension has risen to nearly $149,000 a year, a more than $63,000 increase since he retired last year. The windfall is the result of both Madigan’s 50-plus years in the House and an often-beneficial state pension formula for lawmakers that Madigan himself helped push through. It also comes as the former lawmaker continues to battle a federal bribery-related case that will likely not see any significant court action until next year.
Illinois – Federal Lawsuit Challenges New Limits on Contributions to Illinois Judicial Candidates
MSN – Dan Petrella (Chicago Tribune) | Published: 8/3/2022
A federal lawsuit challenges the restrictions on campaign contributions to judicial candidates in Illinois on First Amendment grounds. Democrats in the Legislature passed a bill last year that bars judicial candidates from receiving campaign money from out-of-state contributors and groups that do not disclose their donors. This year, lawmakers banned donations in excess of $500,000 per election cycle from a single source to independent expenditure committees set up to support or oppose judicial candidates.
Kansas – Kansans Resoundingly Reject Amendment Aimed at Restricting Abortion Rights
MSN – Annie Gowan and Colby Itkowitz (Washington Post) | Published: 8/2/2022
Kansas voters sent a resounding message about their desire to protect abortion rights, rejecting a ballot measure in a conservative state with deep ties to the anti-abortion movement that would have allowed the Republican-controlled Legislature to tighten restrictions or ban the procedure outright. The results bolster Democrats’ hopes that the historic U.S. Supreme Court ruling overturning Roe v. Wade will animate their voters in an otherwise difficult election year for their party. The vote signals abortion is an energizing issue that could affect turnout in the November midterms.
Kentucky – Louisville Candidates Got New Ethics Rules. Why Weren’t They Followed?
WDRB – Marcus Green | Published: 7/29/2022
Metro Council approved sweeping changes to Louisville’s ethics rules in March, broadening what must be reported by candidates for key offices and other top elected and appointed officials. Once the ordinance took effect March 8, it gave candidates in the May primaries until April 30 to file the new financial disclosures with the city’s ethics commission. But that did not happen. The ethics commission ultimately extended the filing deadline until after the primary, a decision that made the disclosures a non-factor for voters and campaigns alike.
Louisiana – Karen Carter Peterson Pleads Guilty to Wire Fraud. She Will Be Sentenced on Dec. 7
NOLA.com – Tyler Bridges and Gordon Russell | Published: 8/1/2022
Karen Carter Peterson pleaded guilty in federal court to defrauding campaign donors, putting an ignominious end to a political career that saw her serve 22 years in the state Legislature and chair the Louisiana Democratic Party for nearly a decade. Prosecutors said Peterson helped herself to about $147,357 in funds that did not belong to her, from both her re-election campaigns and money given to the party. Peterson spent a “substantial amount” of that money at casinos, both “before and after her gambling addiction diagnosis,” according to court documents.
Missouri – How a Trump Endorsement Scramble in Mo. Ended in Absurdity: Vote ‘ERIC’
MSN – Michael Scherer, Ashley Parker, and Josh Dawsey (Washington Post) | Published: 8/2/2022
With two words, Donald Trump launched a wild scramble that Republican leaders had hoped to avoid: “sometime today!” the former president wrote on Truth Social declaring his plans endorse in Missouri’s U.S. Senate primary. Trump had not yet decided which candidate to back when he published those words, according to interviews with numerous officials familiar with the chaos that ensued. So began an eight-hour deadline to win over Trump’s favor before primary day, a decision that in the mind of some Republicans could have undermined GOP hopes for taking control of the Senate this fall.
Missouri – St. Louis County Council Ethics Committee Wants Closer Look at Colleague’s Weed Work
St. Louis Post-Dispatch – Joe Holleman | Published: 7/30/2022
Not only did a St. Louis County Council committee vote to delve deeper into Councilperson Lisa Clancy’s ties to the marijuana industry, it also widened its scope to include several other larger players involved. The council’s ethics committee said it wants to continue researching whether Clancy violated conflict-of-interest rules in 2019. The specific issue being examined by the committee is that Clancy was paid about $4,500 by a law firm to work on marijuana license applications at the same time she was actively working to influence the county’s zoning ordinance regulating marijuana locations.
New Mexico – Former New Mexico Cannabis Director Joins Private Firm, Raising Ethics Debate
MSN – Carlos Segarra (KRQE) | Published: 8/2/2022
After spending less than a year developing and executing the state’s cannabis rules, New Mexico’s former Cannabis Control Division (CCD) director is joining a private cannabis firm. A consultant agency, Weeds, hired Kristen Thomson, leading some to debate the ethics of the move. Weeds also hired Bobbi Martinez, the former compliance manager for the CCD.
New York – Hochul Campaign Donor Lands Multi-Billion-Dollar State Contract
Albany Times Union – Chris Bragg | Published: 7/31/2022
The New York Department of Health is awarding a multi-billion-dollar transportation contract to a company owned by a significant campaign donor to Gov. Kathy Hochul, who was also the beneficiary of a campaign fundraiser the bidder hosted as the procurement process was nearing its conclusion. Records show Russ Maxwell spent $4,500 to pay for food, catering, and flowers for a Hochul fundraiser. He also gave Hochul an additional $10,000 that day, and his husband, Morgan McDole, gave $20,000. Maxwell donated $10,000 and McDole $20,000 to the state Democratic Party, which is closely aligned with Hochul’s campaign.
Ohio – Feds Ask Judge to Sanction Ex-Lobbyist Charged in House Bill 6 Case for Publishing Key Witness’s Personal Information Online
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 8/2/2022
Federal prosecutors are asking a judge to sanction an ex-lobbyist charged with bribery in the Ohio House Bill 6 corruption case for using his legal defense website to publish the personal information of a key witness in the government’s case. Assistant U.S. Attorney Matthew Singer said Matt Borges’s website, until he removed it, contained unredacted copies of the witness’s Social-Security card, tax forms, and driver’s license. Using the pseudonym “CHS-1” to refer to the witness, Tyler Fehrman, Singer said the incident was an intentional effort by Borges to intimidate and retaliate against Fehrman by exposing him to identity theft.
Ohio – Subpoenaed State Records Detail Former Top Regulator’s Work to Protect Nuclear Bailout
Cleveland Plain Dealer – Andrew Tobias | Published: 8/1/2022
Records the FBI requested last year detail the steps a former top state official took to try to save Ohio’s nuclear bailout law after it was threatened by a federal regulatory decision. The newly released records show how then-Public Utilities Commission of Ohio Chairperson Sam Randazzo traveled to meet executives with Energy Harbor, the owner of the two nuclear plants bailed out by House Bill 6. Randazzo helped set up the meeting hours after the Federal Energy Regulatory Commission issued a new rule meant to discourage states from subsidizing their electricity industry, as Ohio had done with House Bill 6.
Pennsylvania – Dr. Oz’s Dark History of Promoting Companies He Was Quietly Invested In
MSN – Sam Brody (Daily Beast) | Published: 8/1/2022
Dr. Mehmet Oz built a national brand on dispensing surprising, and surprisingly simple, remedies for widespread health concerns. In one emblematic case, viewers may have surmised that Oz’s video plugging the probiotic TruBiotics was, essentially, an ad. What they were not aware of, however, is Oz was a member of the board of directors of the brand’s parent company, PanTheryx. He holds a stake in the business worth as much as $1 million. Oz is the Republican nominee for a U.S. Senate seat in Pennsylvania.
Pennsylvania – Pa. Liquor Control Board Officials Got Dibs on Pappy Van Winkle, Other High-End Bourbon Lottery Leftovers
MSN – Jan Murphy (Pennlive.com) | Published: 8/2/2022
Thousands of Pennsylvanians try their luck at entering the Liquor Control Board’s limited-release lotteries with hopes of getting the chance to buy a bottle of high-end limited quantity wine or spirits. In 2019 and 2020, though, for Liquor Control Board member Michael Negra and four of the agency’s top-level employees, luck was not needed to claim their bottle or two. Negra and the employees were given the chance to buy some of the coveted bottles left over from lotteries before the public even knew there were still bottles up for grabs. A State Ethics Commission investigation found this sharing of confidential information did not violate the law.
Texas – Aide to Houston Mayor Resigns After Reportedly Pleading Guilty to Public Corruption
Houston Public Media – Adam Zuyanich and Haya Panjwani | Published: 8/3/2022
Houston Mayor Sylvester Turner said neither he nor anyone on his executive staff had prior knowledge of a federal public corruption case involving one of his top aides, who pleaded guilty recently and subsequently resigned. William-Paul Thomas, who has worked as the mayor’s liaison to the city council since before Turner was elected in 2015, admitted to participating in a conspiracy to accept a cash bribe, according to The Houston Chronicle.
Texas – Texas Ethics Commission Wants Funds for Tech Upgrades after Beto O’Rourke Crashes Servers
MSN – Allie Morris (Dallas Morning News) | Published: 8/2/2022
After Beto O’Rourke’s massive fundraising report overwhelmed state servers in July, the Texas Ethics Commission wants $750,000 to upgrade its aging technology ahead of the midterm elections. Without change, the system “will likely fail again” when the next round of campaign finance reports are due in October, commission leaders warned in a letter to the Legislative Budget Board. The issue is coming to a head as campaign finance reports grow ever more voluminous, the letter said, and the commission’s decade-old servers cannot keep up.
Wisconsin – Memo Shows Wis. GOP Lawyer Privately Opposed Decertifying Biden’s 2020 Win
MSN – Patrick Marley (Washington Post) | Published: 8/2/2022
Michael Gableman, a former state Supreme Court justice hired by Republican lawmakers to probe the 2020 election, said in March that Wisconsin should take a “hard look” at canceling Joe Biden’s victory and revoking the state’s 10 electoral college votes. The comment drew applause from a packed hearing room in the state Capitol and praise from former President Trump, whose allies have called for throwing out the results in Wisconsin and other battleground states even though constitutional scholars have scoffed at the notion as absurd. But a newly unearthed memo shows Gableman soon offered a far different analysis in private.
Wisconsin – Wisconsin DOJ Probes Voter Fraud Stunt as Election Officials Debate Absentee Rules
MSN – Patrick Marley (Washington Post) | Published: 7/29/2022
With a few clicks of a mouse, a conservative activist sent Wisconsin’s elections apparatus into disarray ahead of the August 9 primary. Harry Wait said he requested absentee ballots in the names of two high-profile politicians be sent to his own address to try to show voter fraud is easy to perform. The stunt showed one person and a computer or smartphone could jolt the state’s elections system and forced officials to weigh making changes to the state’s absentee voting procedures and whether doing so would make it harder to vote. It also drew the attention of law enforcement.
July 29, 2022 •
News You Can Use Digest – July 29, 2022
National/Federal A Record Number of Trans and Nonbinary People Are Running for Office MSN – Anne Branigan (Washington Post) | Published: 7/27/2022 In 2017, former journalist Danica Roem made history when she was elected to the Virginia House of Delegates, making […]
National/Federal
A Record Number of Trans and Nonbinary People Are Running for Office
MSN – Anne Branigan (Washington Post) | Published: 7/27/2022
In 2017, former journalist Danica Roem made history when she was elected to the Virginia House of Delegates, making her the first out transgender state legislator in the U.S. Five years later, a record number of trans and nonbinary candidates are vying for public office. As of July, the Victory Fund reports there are 55 trans candidates running for office, alongside 20 gender nonconforming candidates, 18 nonbinary candidates, and four Two-Spirit candidates. Across the country’s statehouses, an unprecedented amount of anti-LGBTQ measures have been introduced, with most bills aimed at curbing the rights of trans children and their families.
After Commissioners’ Verbal Brawl, FEC Won’t Let Rep. Eric Swalwell’s Use Campaign Cash to Fund Overnight Childcare When Traveling Abroad
Yahoo News – Madison Hall (Business Insider) | Published: 7/26/2022
U.S. Rep. Eric Swalwell cannot use campaign funds to pay for childcare services when traveling “at the request of foreign governments” or do so when campaigning on behalf of other candidates, the FEC ruled. The decision comes after Republican Commissioner Trey Trainor at a public meeting, calling his request “abhorrent.” The rebuke prompted Democratic Commissioner Ellen Weintraub to lambaste Trainor in a series of tweets that referenced “The Handmaid’s Tale.”
Bannon Verdict: Former Trump strategist guilty of contempt of Congress
MSN – Devlin Barrett, Spencer Hsu, and Katie Mettler (Washington Post) | Published: 7/22/2022
Stephen Bannon, the right-wing podcaster and longtime confidante of former President Trump, was convicted of contempt of Congress for his refusal to provide documents or testimony to a House committee probing the January 6, 2021, attack. The trial tested a rarely used criminal statute meant to ensure that people comply with congressional subpoenas. The contempt case involved legislative efforts to investigate the violence and what led up to it, rather than the actual events of the day.
DHS Inspector General Tells Secret Service to Stop Investigating Potentially Missing Texts Due to ‘Ongoing Criminal Investigation’
MSN – Whitney Wild (CNN) | Published: 7/21/2022
The Department of Homeland Security’s inspector general informed the Secret Service it is investigating what happened to January 6-related text messages that may have been deleted, describing it as an “ongoing criminal investigation” and directing the agency to stop its internal investigations into the matter. The letter adds to the growing tension between the Secret Service and the inspector general over the potentially missing text messages, which are being sought by the House select committee as part of its investigation into former President Trump’s actions on January 6, 2021.
Emails Shed Light on Trump Plan to Employ Fake Electors
Las Vegas Sun – Maggie Haberman and Luke Broadwater (New York Times) | Published: 7/26/2022
Previously undisclosed emails provide an inside look at the increasingly desperate and often slapdash efforts by advisers to former President Trump to reverse his election defeat in the weeks before the January 6 attack, including acknowledgments that a key element of their plan was of dubious legality and lived up to its billing as “fake.” The emails among people connected to the Trump campaign, outside advisers, and close associates of Trump show a particular focus on assembling lists of people who would claim, with no basis, to be Electoral College electors on his behalf in battleground states he had lost.
Hulu Reverses Policy, Will Use Cable Standards for Political Ads
MSN – John Wagner and Michael Scherer (Washington Post) | Published: 7/27/2022
The streaming service Hulu said it will start accepting political ads with the same standards the company uses for its cable networks, opening the door for issue advertising on controversial topics after Democratic groups attacked the company for rejecting ads on abortion and guns. The Washington Post had reported Hulu has a policy against running content deemed controversial. Like other digital providers, it is not bound by the Communications Act of 1934, a law that requires broadcast television networks to provide politicians equal access to the airwaves.
Justice Dept. Investigating Trump’s Actions in Jan. 6 Criminal Probe
MSN – Carol Leonnig, Devlin Barrett, Josh Dawsey, and Spencer Hsu (Washington Post) | Published: 7/26/2022
The U.S. Justice Department is investigating former President Trump’s actions as part of its criminal probe of efforts to overturn the 2020 election results, according to sources. Prosecutors have asked hours of detailed questions about meetings Trump led in December 2020 and January 2021; his pressure campaign on former Vice President Mike Pence to overturn the election; and what instructions Trump gave his lawyers and advisers about fake electors and sending electors back to the states. Investigators have received phone records of key officials and aides in the Trump administration, including his former chief of staff, Mark Meadows.
On the Campaign Trail, Many Republicans Talk of Violence
MSN – David Weigel (Washington Post) | Published: 7/23/2022
Many GOP candidates describe the United States as a country that was not merely in trouble but being destroyed by leaders who despise most Americans, effectively part of a civil war. In both swing states and safe seats, Republicans say liberals hate them personally and may turn rioters or a police state on people who disobey them. That argument has been dramatized in ads that show one armed candidate appearing to charge into the home of a political enemy, and another warning of “the mob” that threatens ordinary Americans. In some cases, candidates are brandishing firearms while threatening harm to liberals or other enemies.
Republican Governors Gave Lucrative, No-Bid COVID-19 Deals to Utah Firms, Who Then Gave $1M to GOP Campaigns
Yahoo News – Craig Harris, Bailey Schulz, and Katie Wedell (USA Today) | Published: 7/27/2022
A small number of companies leveraged their connections to sign deals to provide COVID-19 tests and personal protective equipment that would pay them at least $219 million in five GOP-led states. Two of the companies would donate more than $1 million to Republican campaigns after getting those deals. The contracts and political donations have raised questions from critics and observers about favoritism and “pay-to-play” campaign contributions.
Stephen Buyer, Former GOP Congressman, Accused of Insider Trading
MSN – Hamza Shaban (Washington Post) | Published: 7/25/2022
The Securities and Exchange Commission charged former U.S. Rep. Stephen Buyer with insider trading, accusing him of abusing his role as a corporate consultant to exploit nonpublic information and collect more than $300,000 in illegal profits. The allegations stem from trading activity that occurred after Buyer left Congress and established his own consulting and lobbying firm. In 2018, Buyer learned of T-Mobile’s plans to acquire Sprint after a golf outing with a client, a T-Mobile executive, according to the SEC. Buyer purchased more than $500,000 of Sprint shares, which were then sold shortly after news of the deal went public, regulators said.
Trump ‘Chose Not to Act’ as Mob Terrorized the Capitol, Panel Shows
MSN – Amy Gardner and Josh Dawsey (Washington Post) | Published: 7/21/2022
Eleven minutes after he returned to the White House from his speech on the Ellipse urging supporters to march on the U.S. Capitol, President Trump learned the January 6, 2021, protest had turned violent. But instead of harnessing the power of the Oval Office by ordering military or police intervention or exhorting the rioters to go home, Trump continued to fan the flames of discord, and remained focused on trying to overturn the 2020 election, even as his aides implored him to stop the violence.
From the States and Municipalities
Arkansas – Arkansas Hires Connecticut Company to Build Campaign Finance Filing, Reporting System
Northwest Arkansas Democrat-Gazette – Michael Wickline | Published: 7/23/2022
The Arkansas secretary of state’s office selected Reframe Solutions as the vendor to build a new campaign finance filing and reporting system. Since the current system’s rollout in 2017, Arkansas’ computerized system for tracking campaign contributions and expenditures has generated gripes from candidates, elected officials, and the public. The complaints have included that it is antiquated, clunky, inaccurate, tedious, and not user-friendly.
California – California to Allow Cryptocurrency Campaign Donations
MSN – Associated Press | Published: 7/21/2022
The California Fair Political Practices Commission approved new rules allowing campaign donations of digital currencies such as bitcoin. The guidelines say candidates can accept cryptocurrency donations if they immediately convert the digital currency into U.S. dollars. The rules will take effect within 60 days.
California – Former Recology Employee Indicted for Alleged San Francisco Bribery, Following Prior Charges
Waste Dive – Cole Rosengern | Published: 7/25/2022
John Porter, who was charged with bribery last year in connection with a broader corruption scandal in San Francisco, was indicted on related federal charges recently. The indictment includes updated details on Porter’s alleged role bribing then-Department of Public Works Director Mohammed Nuru for favorable treatment in areas such as contracts and rate increases for waste management company Recology. The alleged bribes, which occurred in multiple forms, were valued at more than $1 million.
Colorado – Denver Clerk and Recorder Launches Phase Two of SearchLight Denver
City and County of Denver – Staff | Published: 7/22/2022
Clerk and Recorder Paul López has launched the second phase of SearchLight Denver, a searchable campaign finance and disclosure database. The database will now provide Denver residents with access to lobbying organizations, individual lobbyists, and their efforts around city matters. SearchLight Denver is the product of a partnership with MapLight, a technology nonprofit specializing in campaign finance tools and lobbying for state and municipal governments.
Florida – Powerbrokers: How FPL secretly took over a Florida news site and used it to bash critics
MSN – Sarah Blaskey (Miami Herald) | Published: 7/25/2022
While portraying itself as an independent outlet, the news website Capitolist, which aims its content directly at Tallahassee’s decision makers, was bankrolled and controlled by executives of Florida Power & Light through a small group of intermediaries. Internal communications, contracts, and financial records show how a team of communications experts used the Capitolist as part of a clandestine political strategy to advocate for rate hikes, lobby for legislative favors, slam political opponents, and eliminate anything the utility worried might undermine its near monopoly on selling power in Florida.
Florida – Proposed Ethics Settlement for Ex-Sen. Jack Latvala Tossed; Case Continues
Tampa Bay Times – Jim Saunders (News Service of Florida) | Published: 7/22/2022
The Florida Commission on Ethics scrapped a proposed settlement and decided to move forward with a case against former state Sen. Jack Latvala related to allegations of sexual misconduct. Latvala had agreed to a settlement that would have admitted “poor judgment” in having a two-decade sexual relationship with a lobbyist. The proposed, which could have spurred a public censure and reprimand, would have led to dropping other allegations related to a former Senate staff member.
Georgia – Judge Won’t Quash Subpoenas for Georgia False Electors
Georgia Public Broadcasting – Associated Press | Published: 7/21/2022
Georgia Republicans who signed a certificate falsely stating Donald Trump had won the state in 2020 and they were the state’s “duly elected and qualified” electors will have to appear before a special grand jury investigating whether the former president and others illegally tried to interfere in the state’s election, a judge said. Fulton County Superior Court Judge Robert McBurney suggested lawyers for the district attorney’s office and attorneys for those who signed the false certificate should meet before each witness testifies to talk about the topics to be covered and then he could settle any disputes.
Georgia – On the Docket: Atlanta v. Trumpworld
Yahoo News – Richard Fausset and Danny Hakim (New York Times) | Published: 7/25/2022
Fulton County District Attorney Fani Willis has been leading the investigation into efforts by former President Trump and his allies to overturn his election loss in Georgia. It is only recently, with a flurry of subpoenas and target letters, as well as court documents that illuminate some of the closed proceedings of a special grand jury, that the inquiry’s sprawling contours have emerged. For legal experts, that sprawl is a sign Willis is doing what she has indicated all along: building the framework for a broad case that could target multiple defendants with charges of conspiracy to commit election fraud, or racketeering-related charges for engaging in a coordinated scheme to undermine the election.
Illinois – Businessman Gets Probation for Paying Bribes to Former State Sen. Martin Sandoval and McCook Mayor
Yahoo News – Jason Meisner (Chicago Tribune) | Published: 7/26/2022
A federal judge sentenced Vahooman Mirkhaef to probation for paying bribes to then-Illinois Sen. Martin Sandoval and former McCook Mayor Jeffrey Tobolski, saying although she loathes public corruption it was the politicians that should shoulder most of the blame. U.S. District Court Judge Mary Rowland had harsh words for Sandoval, who showed up personally at Mirkhaef’s office in 2018 demanding payment for his help securing the purchase of state-owned property in McCook. “The gall of the state senator in this case really surprises me,” Rowland said. “It saddens me. It kind of makes me sick, actually.”
Maine – Group Using Fake Name to Survey Mainers on Culture War Issues
Yahoo News – Randy Billings (Portland Press Herald) | Published: 7/19/2022
A national conservative group used an assumed name to conduct a political survey that asked Mainers charged questions about welfare for illegal immigrants, critical race theory, and gender issues. The name chosen for the survey – “Maine Today & Public Insight” – led some to believe it was being conducted by MaineToday Media, which owns three newspapers in the state. The Principles Project is behind the survey. Jonathan Wayne, executive director of Maine’s ethics commission, said it can be difficult to discern whether a legitimate poll is testing a message that may be used in an upcoming campaign or an illegal push poll.
Maryland – Maryland Del. Rick Impallaria Charged with Theft, Misconduct in Office
MSN – Alison Knezevich and Dan Belson (Baltimore Sun) | Published: 7/27/2022
Maryland Del. Rick Impallaria – whose criminal background has led to past calls to step down – was charged with theft, embezzlement, and misconduct in office after prosecutors allege that he misused state funds to pay for a “district office” outside his district, and to cover campaign fundraising expenses. Impallaria ran for reelection in the recent primary election and lost to Del. Lauren Arikan in a redrawn district.
Michigan – Black Districts Gutted as Suburban Flight Reshapes Congress Maps
MSN – Greg Korte (Bloomberg) | Published: 7/20/2022
There are 22 majority-Black districts in the current Congress. Next year, there will be as few as nine. The lost seats are a casualty of highly politicized redistricting wars, with state-by-state showdowns bringing dramatic change to electoral maps that were already being reshaped by demographic forces that include a decades-long Black migration to suburbs. That has left some Black voters worried the new maps will marginalize their voices. The concern is especially apparent in Michigan.
Michigan – GOP’s Meijer Voted to Impeach Trump. Now Democrats Are Targeting Him.
MSN – David Weigel, Colby Itkowitz, and Arjun Singh (Washington Post) | Published: 7/26/2022
Eighteen months ago, U.S. Rep. Peter Meijer joined just nine other House Republicans and voted to impeach Donald Trump. He recently learned the Democrats he stood with then were spending nearly $500,000 to help his Trump-backed challenger defeat him. Desperate to retain control of Congress in November, the Democratic Congressional Campaign Committee has become the latest party entity this election year to aid a Trump-endorsed Republican in a primary against a candidate who has resisted the former president.
Missouri – Former St. Louis Alderman Says He’s Reached a Plea Deal on Corruption Charges
St. Louis Post-Dispatch – Jacob Barker | Published: 7/22/2022
Former St. Louis Alderman John Collins-Muhammad intends to plead guilty after a federal grand jury indicted him in a bribery case. Collins-Muhammad and two other former members of the board of aldermen were all accused of accepting cash bribes from a local businessperson in exchange for helping to shepherd through legislation granting his businesses tax abatements. Boyd also intervened to help him purchase real estate from the St. Louis Land Reutilization Authority.
Missouri – St. Louis County Council Member Worked for Marijuana Industry as County Worked on Pot Laws
St. Louis Post-Dispatch – Joe Holleman | Published: 7/25/2022
While St. Louis County began creating laws in 2019 for regulating medical marijuana operations, county Councilperson Lisa Clancy worked behind the scenes for a law firm representing clients seeking marijuana licenses. Without disclosing to the council or the public that she was paid about $5,000 for that work, Clancy eventually cast votes on the bill the county adopted as its zoning ordinance for marijuana operations.
Montana – Commissioner Finds Bozeman Law Firm Failed to Register as Political Committee
Helena Independent Record – Tom Kuglin | Published: 7/18/2022
Montana Commissioner of Political Practices Jeff Mangan ruled a Bozeman law firm and political committee that backed a failed ballot measure violated multiple campaign finance laws. Mangan said Cottonwood Environmental Law Center did not file declaratory paperwork or campaign finance reports with his office in the required timeframe. Mangan referred the parties to the Lewis and Clark County attorney’s office for potential prosecution, but noted the likely outcome is a negotiated civil fine.
Montana – Montana Conservation Voters Action Fund Fined $6,400 for Campaign Finance Violations
Longview News-Journal – Thom Bridge (Helena Independent Record) | Published: 7/26/2022
A registered political committee in Montana was fined $6,400 for failing to timely report expenditures supporting municipal election candidates in Helena, Missoula, and Billings last year. The Montana Conservation Voters Action Fund (MCVAF) acknowledged the political practices commissioner’s findings and admitted to violating certain campaign finance laws. MCVAF Political Director Jake Brown said the group’s vendor failed to submit the required reports related to its work in Helena.
New Mexico – Groups Call on Senate Democrats to Remove Ivey-Soto from Interim Committees
Santa Fe New Mexican – Robert Knott | Published: 7/27/2022
Months after a lobbyist publicly accused New Mexico Sen. Daniel Ivey-Soto of groping her in an encounter years earlier, prompting a series of similar allegations, groups pushing for the senator’s ouster have not eased their pressure. Leaders of about 25 advocacy organizations in the state who previously sought a Senate investigation into Ivey-Soto are now calling for his removal from all interim committee assignments. In an open letter, they said Ivey-Soto is in position to influence the outcome of bills brought by lobbyists who have accused him of inappropriate behavior.
New Mexico – Is the State Ethics Commission More Bark Than Bite?
Yahoo News – Daniel Chacón and Robert Nott (Santa Fe New Mexican) | Published: 7/23/2022
The New Mexico Ethics Commission has investigated 106 administrative cases alleging violations of various statutes since January 2020. It also has issued 26 advisory opinions, forced a “dark money” group that spent more than $260,000 to influence a ballot question to reveal its donors, provided staff support to the Citizen Redistricting Committee, and conducted trainings statewide, among other accomplishments. But after a high-profile complaint filed against state Rep. Rebecca Dow resulted in a $500 civil penalty for two violations of the Governmental Conduct Act, some wonder if the agency more bark than bite.
New York – District Attorney Behind Charges in Zeldin Incident Scrutinized for Campaign Ties
Albany Times Union – Joshua Solomon | Published: 7/25/2022
U.S. Rep. Lee Zeldin said that just minutes after he was accosted by a veteran with a sharp object at a recent campaign event, the gubernatorial candidate conferred offstage with Monroe County District Attorney Sandra Doorley. The district attorney now finds herself facing criticism on two fronts: an ethics debate about her connections to Zeldin’s campaign as well as a legal debate over her office’s handling of David Jakubonis, who was carrying a sharp key-ring-style defense tool when he approached Zeldin at the event near Rochester.
New York – Former Erie County Democratic Party Chair Gets 4 Months in Prison Term for Political Corruption
WGRZ – Ron Plants | Published: 7/27/2022
A former political consultant, once viewed by many as among the most powerful in state politics was sentenced to four months in prison for making an illegal campaign contribution. Steve Pigeon admitted that in 2014 he tried to give a $25,000 illegal campaign contribution from a Canadian citizen to former New York Gov. Andrew Cuomo.
New York – NYC City Hall Adviser Ingrid Lewis-Martin Has Yet to Be Repaid for Loan Given to Staffer in Potential Ethical Dilemma
MSN – Chris Sommerfeldt (New York Daily News) | Published: 7/26/2022
A City Hall staffer borrowed money from Ingrid Lewis-Martin, Mayor Eric Adams’ chief adviser, prior to her appointment and has yet to pay it back, according to a financial disclosure form that could raise ethical concerns for the top mayoral aide. The annual disclosure filed with the Conflicts of Interest Board, shows City Hall special assistant Dawn Baskerville owes Lewis-Martin between $1,000 and $5,000 for a “personal loan” issued in 2014. But Lewis-Martin did not mention in the disclosure that her relation to Baskerville extends beyond friendship.
New York – Secrecy at Issue for New Ethics Panel
Albany Times Union – Chris Bragg | Published: 7/26/2022
The 11 nominees to New York’s new state ethics panel are being asked about their relations with the press as part of a lengthy confirmation process. For the new panel, the vetting questionnaire focuses attention on the issue of “confidentiality,” and how commissioners will go about ensuring it. The most detailed of its seven questions asks commissioners what protocols the body should pass to ensure their deliberations remain secret, and whether they would commit to voting other members off the body who ran afoul of rules they formulate.
New York – Suffolk County Repeals Campaign Finance with Veto Override
WSHU – Charles Lane | Published: 7/26/2022
The Suffolk County Legislature once again repealed its public campaign finance program. Two-thirds of lawmakers overturned a veto by County Executive Steve Bellone that would have restored the program. The Republican-led Legislature would rather use the program’s $2.6 million on public safety, like hiring more emergency dispatch operators and Shotspotter gun-fire detection technology.
North Carolina – Judge Blocks Enforcement of N.C. Law That Demands Truth in Campaign Ads
MSN – Associated Press | Published: 7/25/2022
A federal judge agreed to block for now any enforcement of a state law in a political ad investigation of North Carolina Attorney General Josh Stein’s campaign, saying it is likely to win on legal claims that the law is unconstitutional. U.S. District Court Judge Catherine Eagles ruled for Stein’s campaign and other plaintiffs who filed an unusual lawsuit against State Board of Elections members and Wake County District Attorney Lorrin Freeman. The law prohibits anyone from knowingly publishing or circulating false information about a candidate with the intent of hurting that candidate’s chances in the election.
Oregon – Mystery Group Sending Anti-Democrat Mailers, Prepping Web Ads
Oregon Capital Chronicle – Julia Shumway | Published: 7/25/2022
Some Oregon voters are receiving glossy mailers blaming Gov. Kate Brown and the “Democrat-controlled state Legislature” for “soaring gas prices” and the “out-of-control cost of living.” A website with two short videos claiming policies passed by legislative Democrats led to increases in crime and inflation went live around the same time. The mailers, website, and ads were all paid for by the Coalition for Safe, Healthy and Prosperous Communities but that coalition does not exist in state campaign finance or business records.
South Carolina – South Carolina Bill Outlaws Websites That Tell How to Get an Abortion
MSN – Cat Zakrzewski (Washington Post) | Published: 7/22/2022
After the U.S. Supreme Court struck down Roe v. Wade, legislation introduced in South Carolina bill would outlaw providing information over the internet or phone about how to obtain an abortion. It would also make it illegal to host a website or “[provide] an internet service” with information that is “reasonably likely to be used for an abortion” and directed at pregnant people in the state. Legal scholars say the proposal is likely a harbinger of other state measures, which may restrict communication and speech as they seek to curtail abortion.
Texas – Texas Housing Agency Resists Reforms as Conflict of Interest Questions Pile Up
MSN – Sue Ambrose (Dallas Morning News) | Published: 7/25/2022
Three months after a Dallas Morning News investigation found a Texas housing board member voted for deals that benefited his law firm, the agency has not taken new steps to guard against conflicts-of-interest. Paul Braden stepped down from the board in April, two days after The News first asked him about his votes on 13 low-income housing projects. His employer, Norton Rose Fulbright, earned $2 million in legal fees on the deals. New records show Braden voted for eight other projects that brought the firm an additional $1.8 million.
Texas – Texas Lawmakers Ordered to Turn Over Redistricting Records
Courthouse News Service – Stephen Paulsen | Published: 7/26/2022
A federal judge issued a wide-ranging discovery order requiring Texas lawmakers to turn over documents related to the state’s congressional redistricting plans. The underlying lawsuit is part of a broad effort to correct what critics say is voter intimidation and discrimination in Texas heading into the 2022 midterm elections. In a separate case, a variety of civil rights groups are also suing the state over a new election security law, which they say is designed to “intimidate and harass voters.” A different federal judge in May allowed that case to proceed.
Wisconsin – After Wis. Supreme Court Absentee Ballot Decision, Disabled People Sue
MSN – Patrick Marley (Washington Post) | Published: 7/25/2022
Four disabled people are asking a federal judge to ensure they can vote this fall after the Wisconsin Supreme Court limited how absentee ballots can be cast. The state’s high court ruled voters could not give their completed absentee ballots to someone else to turn in for them. That policy will make it impossible or extremely difficult for some voters to cast ballots, according to the lawsuit. Plaintiffs are asking the court to allow disabled voters to give their ballots to others to return for them, arguing the new regimen in Wisconsin violates the U.S. Constitution, the Voting Rights Act, the Civil Rights Act, and the Americans With Disabilities Act.
July 22, 2022 •
News You Can Use Digest – July 22, 2022
National/Federal Bipartisan Group Seeks to Limit Who Federal Agencies Can Contract With Government Executive – Eric Katz | Published: 7/14/2022 A bipartisan group of senators is looking to set new limitations on the entities with which federal agencies can contract, introducing […]
National/Federal
Bipartisan Group Seeks to Limit Who Federal Agencies Can Contract With
Government Executive – Eric Katz | Published: 7/14/2022
A bipartisan group of senators is looking to set new limitations on the entities with which federal agencies can contract, introducing legislation to ban the government from doing business with companies that work with certain other nations. Senate Bill 4516 would require the Office of Federal Procurement Policy to create a governmentwide policy to eliminate newly defined “conflicts-of-interest” that relate to national security in federal contracting.
Little-Known Lawyer Pitched Trump on Extreme Plans to Subvert Election
Yahoo News – Maggie Haberman and Luke Broadwater (New York Times) | Published: 7/17/2022
On Christmas Day in 2020, then-President Trump was on the phone with a little-known conservative lawyer who was encouraging his attempts to overturn the election. William Olson later conceded that part of his plan could be regarded as tantamount to declaring “martial law.” The episode highlights the role of Olson in advising Trump as the president was turning to extreme figures outside the White House to pursue options that many of his official advisers had told him were impossible or unlawful. It underscores how the system that would normally insulate a president from rogue actors operating outside of official channels had broken down.
Lobbying Firms Report Massive Profits Amid Reconciliation, China Bill Fights
Yahoo News – Karl Evers-Hillstrom (The Hill) | Published: 7/20/2022
K Street’s top lobbying firms raked in enormous revenues in the second quarter, indicating the prolonged lobbying boom is not letting up just yet. Most of the top Washington lobbying firms continue to build on last year’s record-smashing revenues, and nearly all of them are earning more than they did in 2020, when COVID-19 introduced a flood of first-time lobbying clients seeking federal funds.
New Evidence Disputes Trump Administration’s Citizenship Question Rationale
MSN – Tara Bahrampour (Washington Post) | Published: 7/20/2022
Previously unreleased internal communications indicate the Trump administration tried to add a citizenship question to the census with the goal of affecting congressional apportionment, according to a report by the House Committee on Oversight and Reform. The documents appear to contradict statements made under oath by Secretary of Commerce Wilbur Ross, who told the committee the push for a citizenship question was unrelated to apportionment and the reason for adding it was to help enforce the Voting Rights Act.
Pair Charged with Making Straw Donations to Trump Committees
MSN – Jennifer Pelz (Associated Press) | Published: 7/18/2022
Two Chinese American businesspeople were charged with funneling foreigners’ money into political donations that bought entry to an exclusive dinner with then-President Trump so the duo could impress and swindle Chinese investors. Prosecutors say Sherry Xue Li and Lianbo Wang raised $27 million for a grandiose development plan that never got close to approval, then siphoned off millions of dollars for personal expenses. To project the sway to keep their promises, which often included visas to live in the U.S., they used investor money and foreign nationals’ cash to make donations and be seen with Trump and other prominent politicians.
Prosecutors Won’t Pursue Case Against Colbert Team at Capitol Complex
Yahoo News – Michael Balsamo (Associated Press) | Published: 7/19/2022
Federal prosecutors said they are not pursuing charges against members of a television production crew for “The Late Show With Stephen Colbert” who were arrested in a House office building closed to visitors. Capitol Police had charged the Colbert team members, who had entered the Longworth House Office Building on two separate occasions, with misdemeanor unlawful entry. Those arrested included the man who voices the Triumph the Insult Comic Dog puppet, who had come to interview members of Congress about the attack on the Capitol.
Secret Service Watchdog Knew in February That Texts Had Been Purged
MSN – Carol Leonnig and Maria Sacchetti (Washington Post) | Published: 7/20/2022
A watchdog agency learned in February that the Secret Service had purged nearly all cellphone texts from around the time of the January 6, 2021, attack on the Capitol, but chose not to alert Congress, according to people briefed on the matter. The Department of Homeland Security’s Office of Inspector General also prepared in October 2021 to issue a public alert that the Secret Service and other department divisions were stonewalling it on requests for records and texts surrounding the attack on the Capitol, but did not do so, the sources said.
Staff in Several House Offices Begin the Process of Unionizing
MSN – Chris Cioffi (Roll Call) | Published: 7/20/2022
Staffers who work for eight U.S. House Democrats are wasting no time in their plans to unionize, filing petitions recently to kick off the process. It was the first day they could do so, as new rules went into effect allowing many legislative branch staffers to bargain collectively. Now they must wait on the Office of Congressional Workplace Rights to vet the petitions before holding secret ballot elections to decide whether they want a union to represent them.
Trump Wanted Pence to Reject Electors. A New Bill Would Prevent That.
MSN – Leigh Ann Caldwell (Washington Post) | Published: 7/20/2022
A bipartisan group of 16 senators released legislation that would clarify an 1887 law that then-President Trump and his allies tried to use as part of their attempt to overturn the 2020 election results. The legislation would attempt to more clearly define the role of states, presidential electors, and the vice president in a presidential election in an effort to prevent the events of January 6, 2021, in the future.
Trump’s Political Operation Continued to Steer Donor Money to Firm Involved in the Jan. 6 Rally
OpenSecrets – Anna Massoglia | Published: 7/14/2022
Former President Trump’s political operation continued to pay individuals and firms involved in organizing the rally that preceded the deadly Capitol attack, steering them more than $15.4 million since the start of the 2016 election cycle. While the Trump political operations’ spending and fundraising practices have come under increased scrutiny by the House select committee, the hearings have given the former president fodder to fundraise. His political operation continued to route payments from donors to January 6 organizers through at least May as the committee’s investigation heated up.
From the States and Municipalities
Alabama – Secretary of State: Federal groups supporting Alabama candidates must register with state
Yahoo – Brian Lyman (Montgomery Advertiser) | Published: 7/19/2022
The Alabama secretary of state’s office said federal organizations contributing to state campaigns will have to file campaign finance reports with the state. The move, which Secretary of State John Merrill said would include “dark money” groups, comes after years of controversy over the scope and application of Alabama’s ban on transfers of money between PACs. Before the Legislature banned the practice in 2010, PAC-to-PAC transfers were used to move campaign donations to hide the source of contributions to candidates.
Alaska – Judge Refuses to Block Alaska Campaign Finance Disclosure Rules
MSN – Becky Bohrer (Associated Press) | Published: 7/14/2022
A federal judge denied a request to block campaign finance provisions of a ballot measure approved by Alaska voters in 2020, finding the plaintiffs had not demonstrated a likelihood of success on their outlined claims. The lawsuit was filed earlier this year on behalf of political donors and third-party organizations known as independent expenditure groups. They argued the disclosure rules are unconstitutional and burdensome. The plaintiffs had asked that the challenged portions of the initiative be blocked while the case was ongoing.
Arizona – AZ Secretary of State Candidate’s Nonprofit Spending Raises Questions
Arizona Daily News – Mary Jo Pitzl (Arizona Republic) | Published: 7/16/2022
Reginald Bolding, a candidate for Arizona secretary of state, is the founder and director of the nonprofit Our Voice Our Vote, a group that does not have to name its donors. Its PAC, of which he is the designated agent for federal purposes, has paid for ads promoting his candidacy. Our Voice Our Vote also is part of Activate 48, another “dark money” organization that has endorsed him and paid for mailers touting his campaign. State law bars such committees from coordinating with candidates, and violations are subject to civil penalties.
Arizona – Republican Files Complaint Against PAC Promoting Kari Lake Campaign, Says Finance Form Masks Its Donors
Yahoo News – Richard Ruelas (Arizona Republic) | Published: 7/20/2022
A Republican consultant filed a complaint against a PAC, Put Arizona First, that has spent $2.1 million to promote the gubernatorial campaign of Kari Lake, saying its financial reports served to mask the source of its donations, in violation of state law. Put Arizona First said it was funded entirely by an entity called SPH Medical LLC, whose address, according to the form, was a UPS store in Phoenix. It is the same UPS store address used by Put Arizona First itself. No such entity called SPH Medical exists in Arizona, according to corporate filings.
Arizona – The FEC Has Questions About How a PAC Backing Blake Masters Is Disclosing Its Spending
Arizona Mirror – Jerod MacDonald-Evoy | Published: 7/19/2022
A PAC funded almost entirely by billionaire Peter Thiel is facing questions from the FEC about whether it properly reported independent expenditures in support of U.S. Senate candidate Blake Masters in Arizona. The FEC is asking for a “full public disclosure” of the Saving Arizona PAC’s spending of more than $1 million against U.S. Sen. Mark Kelly, the Democratic incumbent that Masters hopes to defeat. Any independent expenditure over $10,000 requires a PAC to file what is called a 48-hour report disclosing the spending.
California – Disney Revs Up Campaign Spending in Anaheim Amid Calls to Curb Their Influence After FBI Allegations
Voice of OC – Nick Gerda | Published: 7/19/2022
Records show Disney has spent 1.3 million in the upcoming election for Anaheim mayor and city council, an amount far more than anyone else has spent on the city’s elections in recent years. That money has gone to Disney’s main political money vehicle in Anaheim, Support Our Anaheim Resort (SOAR). It comes amid an ongoing federal investigation into the city’s politics. In an affidavit, the FBI alleged a consultant close to SOAR engaged in a “fraud scheme,” but it did not allege criminal activity by Disney or SOAR.
California – Ex-Compton Councilman Isaac Galvan, Dogged by Election-Rigging Scandal, Faces $240,000 Fine
Yahoo News – Gregory Yee (Los Angeles Times) | Published: 7/14/2022
Dogged by an election-rigging scandal and an ongoing criminal case, former Compton City Councilperson Isaac Galvan could face a stiff fine from the state’s political watchdog agency for multiple campaign finance violations, including the personal use of campaign funds. The California Fair Political Practices Commission will meet to discuss a possible $240,000 fine against Galvan.
California – League of Women Voters Sues Cupertino Over Lobbyist Ordinance
MSN – Grace Hase (Bay Area News Group) | Published: 7/20/2022
Over concerns that nonprofit employees and everyday citizens may be subject to Cupertino’s lobbyist ordinance, the League of Women Voters filed a lawsuit against the city arguing the law is unconstitutional, “hopelessly overbroad,” and anti-nonprofit. The Cupertino City Council approved its lobbyist ordinance in February 2021. The ordinance has a number of exemptions to the definition of lobbyist, including for board members or employees of nonprofits. But nonprofits can still be subject to ordinance if they are lobbying for a “specific project, issue or person” and have received monetary compensation for it.
California – Oakland Wants to Give Voters Money to Make Campaign Contributions
Oakland North – Callie Rhoades | Published: 7/12/2022
Oakland voters will be asked on the November 8 ballot if they want the city to give each of them $100 in campaign vouchers that could be donated to the candidates of their choice. Broken into four $25 vouchers, the “democracy dollars” are designed to level the playing field by putting more campaign funds in the hands of Oakland voters. Historically, the city’s campaign funding has been disproportionately made up of large donors. In the last four elections, candidates who raised the most money won more than three-quarters of the contested races.
California – San Jose Mayor Travels to France on Environmental Group’s Dime
San Jose Spotlight – Jana Kadah | Published: 7/18/2022
San Jose Mayor Sam Liccardo took an all-expenses paid trip to France recently, and the timing is raising some eyebrows. Liccardo and state Assemblyperson Ash Kalra were among the officials and academics who traveled abroad to study and compare best policies for land preservation. Professional development trips are usually reserved for leaders with more than a couple months left in office. Liccardo is leaving City Hall in December. There is also the question of public perception when elected officials accept a paid trip from a group that has lobbied them for a vote or decision.
Florida – Tallahassee Officials Approve 10-Year Ban on Corruption-Related Felons Lobbying
MSN – Karl Etters (Tallahassee Democrat) | Published: 7/14/2022
The Tallahassee City Commissioners approved a 10-year ban on lobbying for anyone convicted of fraud-related crimes, the latest in measures intended to stamp out back-door dealings. Commissioners also approved an increase in lobbyist registration fees. Now, lobbyists will have to pay a $500 annual registration fee. Previously they paid $25 per client.
Florida – UCF Removes Departments’ Anti-Racism Statements
MSN – Annie Martin (Orlando Sentinel) | Published: 7/13/2022
The University of Central Florida removed anti-racism statements from several academic department websites, prompting renewed concern by some that a new law championed by Gov. Ron DeSantis is leading to censorship at the university. The decision to take down the statements came less than a week after the English department briefly “suspended” its version, claiming it now violated state law. The university later said department did so without “direction” from school leaders, who did not think the statements conflicted with any laws.
Florida – West Palm: Winning bidder for Sunset Lounge management contract violated anti-lobbying rules
Yahoo News – Wayne Washington (Palm Beach Post) | Published: 7/15/2022
West Palm Beach informed Vita Lounge, the local Black group that beat stiff competition to manage the city’s Sunset Lounge, it violated lobbying rules during the bidding process and has been disqualified. In notifying Vita of its disqualification, the city’s Procurement Division included instances of contact between Vita backers and city commissioners, who serve as board members of the Community Redevelopment Agency (CRA). The CRA has used at least $16 million in city taxpayer money to purchase and refurbish the 1920s era supper club and lounge.
Georgia – Giuliani Ordered to Testify in Georgia 2020 Election Probe
ABC News – Kate Brumback (Associated Press) | Published: 7/20/2022
A judge in New York ordered Rudy Giuliani to appear before a special grand jury in Atlanta that is investigating whether former President Trump and others illegally tried to interfere in the 2020 general election in Georgia. Giuliani had been summoned to appear in court in New York on July 13 to present any reasons why a subpoena should not be issued for him to testify in Atlanta, but he failed to show up for the hearing, New York Supreme Court Justice Thomas Farber wrote in his order.
Georgia – GOP Fake Electors ‘Targets’ in Georgia Election Fraud Inquiry
MSN – Matthew Brown (Washington Post) | Published: 7/19/2022
Georgia prosecutors investigating potential criminal interference in the 2020 presidential election by Donald Trump and his allies have notified several Republicans who were part of a fake electors scheme they are “targets” of the probe and could face charges. Part of the probe led by Fulton County District Attorney Fani Willis now centers on the 16 Republicans who gathered at the Georgia Capitol on December 14, 2020, as part of an attempt to falsely certify the state’s electoral college votes for former President Trump even though Joe Biden won the state.
Hawaii – Hawaii Lawmakers Took $500k In Campaign Cash This Session Despite Pleas to Ban Campaign Cash During Session
Honolulu Civil Beat – Blaze Lovell | Published: 7/20/2022
Good-government groups and a commission convened to strengthen ethics laws have asked that the practice of lawmakers accepting campaign contributions during a legislative session come to an end. The goal is to limit even the appearance of a “pay-to-play” culture that favors those who have money. But legislators accepted $500,000 in campaign donations during the 2022 session. That is just a portion of the $7.8 million state politicians raked in during sessions in the last decade from lobbyists, developers, labor unions, and other special interest groups while making budget and policy decisions that could affect their interests.
Illinois – Chicago City Council Unanimously Passes Ethics Overhaul, Boosts Fines to $20K
WTTW – Heather Cherone | Published: 7/20/2022
The Chicago City Council approved a sweeping ethics reform measure aimed at stamping out corruption that has led to the conviction of 37 members of city council since 1969. It strengthens rules against nepotism, lobbying of city council members, and limits campaign contributions for certain contractors. The ordinance also increases fines for violating those rules from a maximum of $5,000 to $20,000. The measure was significantly revised to win the support of Mayor Lori Lightfoot, who blocked it from advancing for several months.
Indiana – Ind. Attorney General’s Comments Endangered Abortion Provider, Complaint Says
MSN – María Luisa Paúl and Kim Bellware (Washington Post) | Published: 7/19/2022
A complaint against Indiana Attorney General Todd Rokita is expected to trigger a probe by the state Supreme Court’s Disciplinary Commission after he claimed on Fox News that physician Caitlin Bernard had a “history of failing to report” abortions in child-abuse cases and launched an investigation into her licensure. Records show Bernard, who administered an abortion medication to a 10-year-old girl from Ohio who was forced to travel for the service, reported the incident to relevant state agencies. The complaint alleges Rokita made “inflammatory statements on national television, without due diligence concerning their truthfulness.”
Kentucky – Proposed Ordinance Would Force People, Groups Who Lobby Louisville Metro to Register, Disclose Funding
WFPL – Roberto Roldan | Published: 7/19/2022
Louisville Metro Council is considering an ordinance that sponsors hope will generate more transparency from lobbyists and other businesses and interest groups that try to influence local legislation. The ordinance would also bar council members from profiting from lobbying their colleagues immediately after leaving office. Under the proposal, anyone who is paid to influence the decisions of the Metro Council would have to register as a lobbyist.
Missouri – FEC Member Pans Decision Not to Investigate Groups That Helped Elect Greitens in 2016
Missouri Independent – Jason Hancock | Published: 7/14/2022
A member of the Federal Election Commission (FEC) is criticizing her agency’s failure to fully investigate groups that funneled $6 million of anonymous money into Missouri to boost Eric Greitens’ 2016 campaign for governor. Commissioner Ellen Weintraub said the scheme “was clearly designed to avoid the transparency federal law requires.” But her colleagues declined to authorize a full investigation, she wrote, because they felt it would not be a wise use of the FEC’s resources.
New York – A Family Donated $300K to Hochul. New York Has Paid the Family Business $637M.
Albany Times Union – Chris Bragg | Published: 7/19/2022
One New York City family, led by entrepreneur Charlie Tebele, has donated nearly $300,000 to Gov. Kathy Hochul’s campaign. Records also show that since December, Tebele’s company, Digital Gadgets LLC, was paid $637 million in taxpayer funds to provide the state Department of Health, an agency controlled by Hochul, with at-home COVID-19 test kits. The huge expenditure was made without the agency conducting competitive bidding. Though Digital Gadgets has not always delivered as promised, it has continued to reap major government payments, while the family has kept donating heavily to select politicians.
New York – Bellone Vetoes Repeal of Suffolk County’s Public Campaign Finance Program
WSHU – J.D. Allen | Published: 7/19/2022
Suffolk County Executive Steve Bellone vetoed a bill that would repeal its public campaign finance program. Suffolk is the largest county in the state outside of New York City to have such a program. It would allow candidates for county executive, comptroller, and legislator to access public dollars to run for office. Bellone said it would be a step backwards for building diversity and equity in county government.
New York – N.Y. Assemblyman Charles Fall’s Girlfriend Lobbied Him on Various Issues, Prompting Ethics Concerns
MSN – Chris Sommerfeldt (New York Daily News) | Published: 7/18/2022
Bianca Rajpersaud, a registered lobbyist at Davidoff, Hutcher & Citron, is listed as having lobbied state Assemblyperson Charles Fall as part of 11 different contracts the firm inked in 2021 and 2022 with companies and nonprofits seeking to curry favor with lawmakers. The duo began dating in 2020. There is no requirement for lawmakers to consult the Legislative Ethics Commission about professional interactions with love interests who are not spouses. Watchdog Rachael Fauss said the lobbying raises concerns that could have been avoided if Fall was open about whether he cleared the matter with the commission.
Ohio – Experts Say P.G. Sittenfeld Could Use $975k in Campaign and PAC Funds for Appeal of Conviction
WCPO – Paula Christian | Published: 7/14/2022
Former Cincinnati City Councilperson P.G. Sittenfeld may not be running for mayor anymore, but he still has nearly $975,000 in leftover political donations that experts say he could use to pay legal fees for an appeal after a jury convicted him of bribery and attempted extortion. Sittenfeld was a rising political star who mounted an impressive campaign fund to run for mayor in 2021. But three of his donors turned out to be undercover FBI agents who were posing as out-of-town developers. They donated $40,000 to his PAC and asked for help on a project, which prosecutors described as quid pro quo.
Ohio – Ohio Supreme Court Again Rejects Republican Congressional Map, Ordering Redraw for 2024 Election
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 7/19/2022
For the second time this year, the Ohio Supreme Court rejected state Republicans’ congressional map plan as illegally gerrymandered, citing the new language added by voters to the state constitution in 2018. But the ruling almost certainly will not affect this year’s elections since the primary election for Ohio’s ongoing congressional races was held in May, with the general election set for November. While the ruling is silent on the 2022 elections, it does not explicitly describe vacating the results of the May election and other interventions that would indicate the court is trying to block the map from being used in the current election cycle.
Rhode Island – McKee’s Former Chief of Staff Displayed ‘Very Poor Judgment’ but Committed No Crimes, Attorney General Says
MSN – Edward Fitzpatrick (Boston Globe) | Published: 7/18/2022
The Rhode Island attorney general’s office cleared Gov. Daniel McKee’s former chief of staff, Anthony Silva, of criminal activity but castigated him for exercising “very poor judgment in involving himself in a personal matter before a state regulatory agency.” Silva resigned amid scrutiny of whether he attempted to influence the state Department of Environmental Management (DEM) over a permit to develop a piece of land in Cumberland. The DEM at first rejected an application to develop the parcel, but reversed course. The investigation found Silva frequently contacted the DEM and Cumberland officials to try to advance the approval process.
Texas – AG Ken Paxton Declines to Sue Candidates, Officials Who Owe $700K in Unpaid Campaign Violation Fines
MSN – Taylor Goldsmith (Houston Chronicle) | Published: 7/14/2022
The Texas Ethics Commission, the regulatory agency in charge of enforcing campaign finance laws, does not have many tools at its disposal to go after scofflaws who have not paid fines aside from letter notifications. Its last line of defense against delinquent filers is to refer their cases to the state attorney general’s office. But Texas Attorney General Ken Paxton has declined to sue hundreds of candidates and elected officials who altogether owe more than $700,000 unpaid fines for campaign reporting violations.
Washington – Armed Man Arrested Outside Home of Rep. Jayapal for Alleged Death Threat
MSN – Amy Wang (Washington Post) | Published: 7/14/2022
An armed man who reportedly threatened to kill U.S. Rep. Pramila Jayapal was arrested outside her Seattle home on suspicion of committing a hate crime, police said. The man, whose name was redacted from publicly available police reports, was released from jail because police could not confirm his threats or that he told Jayapal to “go back to India,” and an investigation is ongoing. Jayapal called 911 to report someone was outside her home using obscene language and may have fired a pellet gun.
Wisconsin – Milwaukee Ald. Chantia Lewis Convicted of Two Campaign Finance Felonies, Removed from Office
MSN – Allison Dir (Milwaukee Journal Sentinel) | Published: 7/18/2022
Milwaukee Ald. Chantia Lewis was removed from office after her conviction on two felonies related to her conduct in office. The criminal complaint stated she used campaign funds for family trips and basic personal expenses such as car and credit card bills, engaged in “double-dipping” by filing for reimbursement for city-related travel expenses that she had actually paid out of her campaign account, and structured a campaign contribution to avoid the limits in the law.
Wisconsin – Trump Called ‘Within the Last Week’ to Overturn Wis. Election Results, Speaker Says
MSN – Timothy Bella and Patrick Marley (Washington Post) | Published: 7/20/2022
Wisconsin’s Republican house speaker said former President Trump called him “within the last week” seeking to overturn the 2020 presidential election that Joe Biden won. Speaker Robin Vos said he received a call from Trump after the Wisconsin Supreme Court ruled on July 8 that most absentee drop boxes in the state are illegal. The ruling addresses future elections, not the one Trump lost in 2020 by more than 20,000 in Wisconsin.
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