LobbyComply Blog

Question: Do my salespeople need to be registered as lobbyists if they sell to the government?

Answer: More than half of the states consider at least some forms of selling to the government to be lobbying, so caution is definitely warranted. The states that require registration for procurement lobbying all have different approaches, so there is no one-size-fits-all response to this question.

The most important question is what engagements are considered to be procurement lobbying. Some states broadly consider any attempt to influence a contracting decision to be lobbying, and other states use an “outside of the normal procurement process” standard, meaning that registration is required for attempts to change the rules applicable to procurements, to change the substance of the RFP’s requirements, to go outside of established procedures, or to sell to high-ranking officials rather than the end users. Other states, such as Texas, require registration for procurement lobbying, but only when the contract reaches a certain value.

Once you determine your sales activities fall under the definition of lobbying, all the other concerns applicable to lobbyists apply, so your analysis is not complete. Registration thresholds and exceptions for expert testimony, for example, still need to be considered, so, if desired, you may be able to avoid registration through careful consideration of the type and extent your staff’s interactions with government.

One last key factor to consider before registering your staff is contingency fee bans, also known as success fee bans, and how they affect sales staff compensation. While many states acknowledge salespersons frequently receive sales commissions and carve out an exception for commissions paid to “bona fide” salespeople, many others view their contingency bans as applying to all lobbyists, which would prevent your staff from receiving such payments. It is always advisable to determine how you will handle staff compensation before making contacts with the government, as there will be times when it is best to avoid having your staff engage at all.

Further information about the lobbying laws in hundreds of cities, counties, and local agencies can be found in the Procurement Lobbying Compliance Laws section of the State and Federal Communications online guidebooks. Schedule your demo today – https://stateandfed.com/demo/

Q.  We have submitted a bid proposal for a contract with a state agency in Illinois. We were instructed that we must register with the Illinois State Board of Elections. Is this registration different than our existing lobbyist registration? If so, what does that mean for our company?

A. The simple answer is yes. The Illinois Procurement Code requires business entities, whose business or potential business exceeds an aggregate annual total of more than $50,000, to register with the Board of Elections and comply with the state’s Election Code. This registration must be completed prior to submitting any bid that would cause the business entity to exceed the threshold.
In addition to the business entity’s name and corporate contact information, the business entity must disclose certain affiliate entities and affiliated individuals. These affiliates include corporate parents, operating subsidiaries, operating subsidiaries of their corporate parents, persons with a significant ownership interest or distributive shares, executive employees, and spouses of any of these affiliated individuals. However, any entities or individuals prohibited by federal law from making contributions or expenditures in elections do not need to be included in the business registration.
In addition to this initial registration, the registration must be updated quarterly to account for any changes to the entities or that list of affiliates, and, if there is a bid or proposal pending, it must be updated within seven days of any changes that occur. This constant maintenance continues for up to two years following the expiration or termination of the contracts. Failure to maintain this registration could result in voiding all active contracts with the state or its agencies.
Additional requirements of the registration include providing notice to political committees in receipt of contributions from the registered entity and their affiliates, disclosures to the state agency and the Illinois Secretary of State of the register entities’ lobbying activity in the state, and certifications of your compliance with these registration requirements.
These business entity registrations are complex and contain pitfalls if not carefully and constantly maintained. So, it is important to familiarize yourself with each of these requirements and to constantly review your registration to ensure full compliance.

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Comply with state and local procurement lobbying rules. Our online guidebooks make it easy to view regulations all in one place. Learn more here.

Beginning on July 14, a new federal procurement policy regarding foreign vendors took effect.

The new policy requires all new non-defense procurements over $10,000 involving an open competition by or on behalf of any federal department or agency of Canada by a foreign supplier be limited to whether the solicitation is subject to a trade agreement between Canada and the supplier’s jurisdiction. If a supplier is from a jurisdiction that does not have a trade agreement with Canada and applies to a procurement process, it will no longer be eligible to compete, with limited exceptions. Canadian suppliers will continue to be eligible to compete for all federal procurement opportunities.

The Treasury Board of Canada Secretariat issued a Contracting Policy Notice on July 10 regarding the policy, entitled the Interim Policy on Reciprocal Procurement, for all departments and agencies that have delegated authority for procurement from the Minister responsible for Public Services and Procurement Canada.

Contracts and solicitations posted prior to July 14 are not subject to this new rule

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Want to keep up with lobbying, procurement, and corporate contribution compliance internationally? We have you covered. Learn more here.

The General Assembly passed House Bill 6173,  the Rhode Island Anti-Bid-Rigging Act. The act prohibits two or more persons from predetermining the winning bidder of a contract proposed, offered, or otherwise submitted for competitive bidding by a government entity. Violations of this act are a felony and can cause vendors to be subject to disbarment. The bill was signed by Gov. McKee on June 30 and is effective immediately.

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Comply with state and local procurement lobbying rules. Our online guidebooks make it easy to view regulations all in one place. Learn more here.

National/Federal

Trump Wants an Investigation of Democrats’ Fundraising. His Own Campaign Has Issues

MSN – Brian Slodysko and Steve Peoples (Associated Press) | Published: 5/27/2025

When President Trump directed his attorney general to investigate online fundraising, he cited concerns that foreigners and fraudsters were using elaborate “schemes” and “dummy accounts” to funnel illegal contributions to politicians and causes. Trump identified just one potential target: ActBlue, the Democrats’ online fundraising juggernaut, which has acknowledged receiving over 200 potentially illicit contributions last year from foreign internet addresses. Trump’s announcement contained a glaring omission – his political committees also received scores of potentially problematic contributions.

Trump’s Contract-Cutting Blitz Rattles a Once-Flourishing DC Industry

MSN – Danny Nguyen and Jessie Blaeser (Politico) | Published: 5/25/2025

A Trump administration project to revisit thousands of federal agreements is starting to sink a vast ecosystem of contractors that deploy jobs across the Washington economy. At least 2,775 out of more than 20,000 contracts for consulting and investment advice under review have been cut, worth $3.1 billion in claimed savings. But the reach of the review is nonetheless unprecedented. It has frozen hiring, triggered layoffs and sparked chaos across the consulting industry, a vast shadow workforce across Virginia, the District of Columbia, and Maryland.

Supreme Court Allows Trump to Fire Independent Regulators for Now

MSN – Anne Marimow (Washington Post) | Published: 5/22/2025

The Supreme Court refused to immediately reinstate a pair of independent regulators fired by the Trump administration, saying the president may have the power to summarily oust the board members and calling into question a legal precedent that has protected the independence of key regulatory bodies. The order did not decide the underlying merits of the case, which will continue to play out in the lower courts. But it was an endorsement of presidential authority at a time when Donald Trump is trying to seize greater control of the federal bureaucracy.

Trump Oversight Picks Include Scandal-Hit Ex-Lawmaker, Antiabortion Lawyer

MSN – Meryl Kornfield and Lisa Rein (Washington Post) | Published: 5/28/2025

After firing inspectors general at 19 agencies in an unprecedented purge, President Trump has named six replacements in recent weeks, including three with clearly partisan backgrounds. Two of those have controversial histories and two have ties to the agency they would be responsible for investigating. Government ethics experts expressed concerns about the qualifications of several of the nominees, warning the positions require independence and installing loyalists would erode public trust.

Elon Musk Leaves Trump Administration After Contentious Tenure

MSN – Niha Masih and Trisha Thadani (Washington Post) | Published: 5/29/2025

Elon Musk said he is leaving the administration after leading a contentious effort to reshape the federal bureaucracy and slash government spending. Musk said his “scheduled time” as a special government employee had come to an end. That designation, which exempts him from financial disclosure and conflict-of-interest rules that apply to full-time government workers, also means he is not permitted to work more than 130 days in a 365-day period.

Supreme Court Upholds Fraud Conviction of Government Contractor

MSN – Ann Marimow (Washington Post) | Published: 5/22/2025

The U.S. Supreme Court upheld the conviction of a government contractor found guilty of defrauding a state transportation program designed to promote diversity. The unanimous decision reversed a trend in which the justices have pushed back on how prosecutors pursue white-collar fraud. The case involved Alpha Painting & Construction and a project manager, Stamatios Kousisis, who was convicted in 2018 and sentenced to 70 months in prison for obtaining a multimillion-dollar contract under false pretenses.

Trump Dines with Top Meme Coin Holders, Shrugging Off Ethics Concerns

MSN – Cat Zakrzewski and Drew Harwell (Washington Post) | Published: 5/22/2025

President Trump dined with the top purchasers of his meme coin at a black-tie gala, demonstrating his willingness to cross what was once seen as an ethical red line: profiting off the presidency while in office. Presidents of both parties have long granted special access to wealthy political donors and participated in private dinners to raise funds for their parties or their own campaigns. Trump’s crypto venture is different. He and his family profit personally when people buy his meme coin, and crypto transactions are often shrouded in anonymity.

From the States and Municipalities

Alaska – At Adjournment, Alaska Legislature Leaves Elections Overhaul, Campaign Finance Bills Undone

Alaska Public Media – James Brooks (Alaska Beacon) | Published: 5/27/2025

The Alaska Legislature adjourned its regular session without finishing work on a major elections bill or a bill reimposing limits on donations to candidates. House Bill 16, the campaign finance bill, and Senate Bill 64, the elections reform legislation, are expected to return when the Legislature resumes work in January, and they could be part of a wave of major legislation that advances through the Capitol early next year.

Arizona – AZ Campaign Finance Complaints Can Disappear After 180 Days Under New Law

USA Today – Stacey Barchenger (Arizona Republic) | Published: 5/16/2025

Arizona lawmakers and Gov. Katie Hobbs created a new timeline to resolve campaign finance complaints that are filed against them, after which the allegations are dismissed. Hobbs signed House Bill 2667 into law, which says complaints that politicians violated state campaign finance law are “deemed dismissed” if they are not resolved within 180 days after they are filed. It allows the government official who receives the complaint to extend that deadline if needed.

Connecticut – Trump Pardons ‘Humbled’ John G. Rowland, Former CT Governor

MSN – Mark Pazniokas (Connecticut Mirror) | Published: 5/28/2025

John Rowland, a twice-convicted former governor of Connecticut, said he was “humbled and appreciative” after learning he was the recipient of a pardon from President Trump. Facing impeachment and a federal investigation into bid-rigging involving gifts and favors from state contractors, Rowland resigned, pleaded guilty to a corruption charge, and was sentenced to a year and a day in prison. He was indicted a second time for soliciting congressional candidates to secretly pay him as a consultant in campaigns.

Connecticut – CT Bill Limiting Elections Watchdog Independence Gets Full Passage

MSN – Mark Pazniokas (Connecticut Mirror) | Published: 5/22/2025

Connecticut lawmakers passed a bill that places restrictions on the State Elections Enforcement Commission (SEEC). Under the bill, the SEEC will nominate an executive director, but the choice will be subject to three layers of approval by legislators – the Executive and Legislative Nominations Committee and the House and Senate. Other provisions were intended to streamline fundraising, especially for candidates who participate in the Citizens’ Election Program, which imposes spending limits in return for public financing of campaigns.

Illinois – Former ComEd Officials on Track for Sentencing After Judge, Feds Resolve Legal Challenges

WBEZ – Jon Seidel (Chicago Sun-Times) | Published: 5/28/2025

Four former Commonwealth Edison (ComEd) executives and lobbyists are on a clear path to sentencing for their conspiracy aimed at ex-Illinois House Speaker Michael Madigan, despite a last-minute challenge to their convictions and President Trump’s review of a key law in the case. Madigan ally Michael McClain, former ComEd Chief Executive Officer Anne Pramaggiore, ex-ComEd lobbyist John Hooker and onetime Chicago City Club President Jay Doherty are all set to be sentenced this summer. A jury found them guilty more than two years ago.

Illinois – Ex-Assessor’s Office Employee Gets 3 Years’ Probation in Bribery Case

Yahoo News – Jason Meisner (Chicago Tribune) | Published: 5/27/2025

Basilio Clausen, a former Cook County assessor’s office employee, was sentenced to three years’ probation for conspiring to accept golf outings at country clubs from two businesspeople in exchange for helping reduce assessments on their properties and save thousands of dollars in taxes. In handing down the sentence, U.S. District Court Judge Matthew Kennelly said the “corrosive and erosive effect” of such cases increase the level of distrust in citizens. “It’s part of the sorry state of affairs we find ourselves in these days where nobody trusts government,” Kennelly said.

Kansas – Kansas Judges Order State to Pay $214K in Attorney Fees Tied to Flawed Ethics Investigations

Yahoo News – Tim Carpenter (Kansas Reflector) | Published: 5/27/2025

A judge directed the state to pay $115,700 in attorney fees to a law firm representing clients who received subpoenas amid a state investigation targeting Republican-affiliated political organizations and individuals. The Kansas Governmental Ethics Commission’s probe centered on whether campaign violations occurred through coordination of election spending among individuals, political parties, and PACs. During the 2025 legislative session, lawmakers revised the definition of making a “contribution in the name of another” to affirm the legality of certain campaign transactions common to Republican and Democratic operatives.

Kentucky – Secrecy Sets the Pace When It Comes to This Beshear’s Kentucky Derby Guest List

Yahoo News – Tom Loftus (Kentucky Lantern) | Published: 5/27/2025

Gov. Andy Beshear refused to identify friends and political supporters who bought tickets to the Kentucky Derby made available by Churchill Downs for the governor’s entourage. The governor’s office said it has no records of who got the tickets or who was invited to a party at the Old Governor’s Mansion in Frankfort. The office referred questions to a nonprofit Beshear created to act as broker for his Derby tickets and manage the party. But First Saturday in May Inc. is not covered by the Open Records Act.

Louisiana – Louisiana Lawmakers Put Some Limits Back in Place on Gifts to Public Officials

Yahoo News – Julie O’Donoghue (Louisiana Illuminator) | Published: 5/29/2025

Louisiana lawmakers are no longer looking to lift restrictions on gifts to elected officials and public employees. Rep. Beau Beaullieu removed language from House Bill 674 that would have allowed public servants to receive $200 worth of gifts annually. Besides the gift policy changes, the bill contains ethics law modifications that would make it harder for the state ethics board to investigate and charge people with misconduct. Beaullieu said many elected officials feel the board has been too aggressive when pursuing allegations.

Maine – Maine PACs Say Campaign Finance Lawsuit Is About Free Speech. The State Says It’s About Corruption

Yahoo News – Emily Allen (Portland Press Herald) | Published: 5/22/2025

Lawyers for two of Maine’s conservative PACs were in federal court recently, asking a judge to stop the state from enforcing a new law that caps PAC contributions at $5,000. The law was approved in a referendum last fall, but state officials agreed to delay its implementation until May 30. The plaintiffs’ attorneys argue the law is a serious threat to the First Amendment. The state’s lawyers pointed to the popularity of the new law and suggested voters are concerned with corruption.

Missouri – Ethics Panel Says Source of Funds for Mayor’s Trips Deserved More Transparency

MSN – Mike Hendricks (Kansas City Star) | Published: 5/27/2025

Kansas City should amend its ethics code to address the transparency issues that arose when a nonprofit group under Mayor Quinton Lucas’s control paid for his trip to the 2023 Super Bowl, according to a new report. The Mayors Corps of Progress for a Greater Kansas City covered the nearly $24,000 cost of sending Lucas, an aide, and his security detail to Phoenix for the game between the Chiefs and Eagles. The Mayors Corps was under no obligation to disclose the source of its funding.

New York – Eric Adams Sues Campaign Finance Board for Denying Him Millions in Matching Funds

MSN – Joe Anuta (Politico) | Published: 5/27/2025

New York City Mayor Eric Adams filed a lawsuit challenging the Campaign Finance Board’s decision to deny him millions of dollars in public matching funds. The board first denied Adams matching funds in December, citing the now dismissed bribery indictment against the mayor, in addition to his team’s refusal to provide campaign finance regulators with requested information. The lawsuit argues the board adopted an illegally vague standard by saying it “had reason to believe” Adams violated state and city laws based on the indictment without offering specifics.

Ohio – House Bill 6 Was Ohio’s Biggest Public Corruption Scandal. So Why Haven’t the Laws Changed?

MSN – Anna Staver (Cleveland Plain Dealer) | Published: 5/22/2025

To prevent another scandal like House Bill 6 in Ohio, Democratic lawmakers introduced a three-part reform package. House Bill 250 would mandate the disclosure of dark money donors. A second, forthcoming bill would target petition-blocking tactics used to stifle citizen-led ballot campaigns. The third proposal would stop individuals and companies who donate to candidates from receiving state contracts.

Ohio – P.G. Sittenfeld Pardoned by President Donald Trump

MSN – Jennifer Edwards Baker (WXIX) | Published: 5/28/2025

Former Cincinnati City Councilperson P.G. Sittenfeld is one of several people recently pardoned by President Trump. Sittenfeld was sentenced to 16 months in prison after a jury convicted him on corruption-related charges of bribery and attempted extortion in 2022. SIttenfeld served about four months before an appeals court released him pending their decision on his appeal. He lost the appeal earlier this year.

Oregon – State Rep. Bobby Levy Weighs in on Bills Close to Family Business While Lawmakers Weigh Regulations

Yahoo News – Alex Baumhardt (Oregon Capital Chronicle) | Published: 5/27/2025

Although state Rep. Bobby Levy named seven businesses in the statement of economic interest she submits annually to the Oregon Government Ethics Commission, she is not barred from sponsoring, testifying on or voting on bills that would directly benefit the family businesses that she receives income from. In fact, by Oregon law, Levy said she and other legislators are required to vote on bills even when they have declared a conflict-of-interest.

Rhode Island – Elections Board Prepares to Revamp R.I.’s Aging Campaign Finance Software. It Just Needs the Money.

Yahoo News – Nancy Lavin (Rhode Island Current) | Published: 5/27/2025

Rhode Island election administrators are pushing to rejuvenate the technology used to collect and share information about campaign finance donations and spending. But the makeover to the Rhode Island Board of Elections’ Electronic Reporting and Tracking System requires extra money from state lawmakers, and how to store the last 23 years of reports from 1,300 candidates and committees in a way that people can still access and search remains in question.

Rhode Island – Rhode Island Ethics Code Gift Giving Rules Might Be Getting a Refresh

Yahoo News – Nancy Lavin (Rhode Island Current) | Published: 5/20/2025

The Rhode Island Ethics Commission is contemplating changes to the state ethics code for the first time in over a decade. The commission voted to start the rulemaking process to explicitly ban lobbyists from giving gifts other than campaign donations to public officials, and to increase the maximum value of “insubstantial” gifts that can be accepted to account for inflation.

Texas – Once Again, Texas Legislature Unlikely to Pass Ethics Legislation This Year

MSN – Kate McGee (Texas Tribune) | Published: 5/28/2025

The Texas Legislature is on track to pass essentially no meaningful ethics legislation this year as the calendar ticks closer to the end of the session. Lawmakers filed dozens of bills that would increase transparency around spending in elections and strengthen penalties for campaign and lobbying violations. Their proposals would specify what candidates, lawmakers, and political groups need to disclose about their campaigning, streamline and clarify the ethics complaint processes, and keep up with changing technology that is increasingly used to deceive voters in elections.

Texas – Prove Citizenship to Vote? For Some Married Women, It Might Not Be So Easy.

MSN – Patrick Marley and Yvonne Wingett Sanchez (Washington Post) | Published: 5/25/2025

Some Republican-led states are moving to require voters to prove their citizenship, as Texas advances a controversial measure that could make it harder for eligible voters to get on the rolls because of changed names, mislaid paperwork, or database errors. Voting rights advocates warn the plans could prove particularly tricky for people who change their names, including women who do so when they get married or divorced, because their legal names do not match the ones on their birth certificates. Supporters call the criticism overblown, saying most Americans can readily show they are citizens.

Washington – Seattle City Council Advances on Controversial Ethics Bill

Seattle Times – David Kroman | Published: 5/23/2025

A Seattle City Council committee approved a controversial revision to the city’s ethics code, allowing members to vote on matters in which they may have a financial interest so long as they make a public disclosure. The change, recommended by the head of the city’s ethics commission, is a shift away from the current practice requiring members to recuse themselves and has stirred up the city’s politics months before several of the body’s members are up for reelection.

Campaign Finance

Connecticut: “CT Senate Moves to Curb Independence of Elections Watchdog” by Mark Pazniokas for Connecticut Mirror

National: “Trump Wants an Investigation of Democrats’ Fundraising. His Own Campaign Has Issues” by Brian Slodysko and Steve Peoples (Associated Press) for MSN

Elections

Texas: “Prove Citizenship to Vote? For Some Married Women, It Might Not Be So Easy.” by Patrick Marley and Yvonne Wingett Sanchez (Washington Post) for MSN

Ethics

National: “Supreme Court Allows Trump to Fire Independent Regulators for Now” by Anne Marimow (Washington Post) for MSN

Missouri: “Ethics Panel Says Source of Funds for Mayor’s Trips Deserved More Transparency” by Mike Hendricks (Kansas City Star) for MSN

Ohio: “House Bill 6 Was Ohio’s Biggest Public Corruption Scandal. So Why Haven’t the Laws Changed?” by Anna Staver (Cleveland Plain Dealer) for MSN

Lobbying

Rhode Island: “Rhode Island Ethics Code Gift Giving Rules Might Be Getting a Refresh” by Nancy Lavin (Rhode Island Current) for Yahoo News

Procurement

National: “Trump’s Contract-Cutting Blitz Rattles a Once-Flourishing DC Industry” by Danny Nguyen and Jessie Blaeser (Politico) for MSN

On April 15, President Donald J. Trump signed an Executive Order aimed at reforming the Federal Acquisition Regulation (FAR), which are procedures guiding acquisitions across executive departments. The order, entitled Restoring Common Sense to Federal Procurement, mandates the Administrator of the Office of Federal Public Procurement Policy (Administrator) take “appropriate actions to amend the FAR to ensure that it contains only provisions that are required by statute or that are otherwise necessary to support simplicity and usability, strengthen the efficacy of the procurement system, or protect economic or national security interests.”

The order also requires these actions, which must be made in the next 180 days, be taken in coordination with the Federal Acquisition Regulatory Council (FAR Council), the heads of federal executive branch agencies, and appropriate senior acquisition and procurement officials from agencies.

Additionally, in the next 15 days, each agency exercising procurement authority pursuant to the FAR must designate a senior acquisition or procurement official to work with the Administrator and the FAR Council. Within 20 days, the Director of the Office of Management and Budget must issue a memorandum to agencies providing guidance regarding implementation of the order.

As described in a prior order issued by the president in January, this order requires that for each new regulation issued, at least 10 prior regulations be identified for elimination.

Beginning March 8, subaward reporting for U.S. Federal contracts will be enabled through SAM.gov instead of FSRS.gov.

On March 6, 2025, the federal government decommissioned The Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS) through its FSRS.gov website. Data was able to be entered into the FSRS.gov system until the close of business on March 6. Visitors to FSRS.gov are redirected to SAM.gov/FSRS beginning March 7.

Federal Acquisition Regulation §52.204-10 requires prime contractors awarded a federal contract or order to file a FFATA sub-award report by the end of the month following the month in which the prime contractor awards any sub-contract greater than $30,000.

On January 17, a final rule amending the U.S. Federal Acquisition Regulations, aimed at improving consistency between the procurement and non-procurement procedures concerning suspension and debarment, will take effect.

Changes include providing clarification regarding which mitigating and aggravating factors may apply to individuals for suspensions and debarments, clarifying that if the suspending and debarring official (SDO) extends the opportunity for the contractor to submit material in opposition, then the SDO should also give a deadline for submission of materials, and the allowance of the notice of proposed debarment, or the notice of suspension, to be sent by U.S. mail or private delivery service to the last known street address of the person or entity with delivery notification service.

Additional changes allow for the notice of proposed debarment, or the notice of suspension, to be sent by email to the point of contact email address in the contractor’s registration in the System for Award Management, if any, or to the last known email address as confirmed by the agency. The rule changes also clarify that the official record closes upon the expiration of the contractor’s time to submit information and argument in opposition, including any extensions.

National/Federal

A Century-Old Law’s Aftershocks Are Still Felt at the Supreme Court

DNyuz – Adam Liptak (New York Times) | Published: 12/9/2024

In February 1925, Chief Justice William Howard Taft persuaded Congress to grant the Supreme Court an extraordinary power: to pick which cases it would decide. Most courts do not get to choose the cases they will hear, and their central task is to resolve disputes one at a time. The Supreme Court understands its job to be different – to announce legal principles that will apply in countless cases. The law effectively changed the court into a policymaking body, and the nation has yet to come to terms with “the immense powers of this new role,” Yale Law School professor Robert Post wrote in a new study.

Realtors’ Nonprofit Is Politically Motivated, Some Say

DNyuz – Debra Kamin (New York Times) | Published: 12/9/2024

The National Association of Realtors (NAR), the largest trade organization in the U.S., wields substantial influence over the American housing industry. To help hold on to that power, it also runs one of the biggest PACs, routinely outspending corporations. The PAC supports candidates who are in line with NAR’s positions, regardless of party, and its spending is bipartisan. But about five years ago, NAR quietly created an affiliate nonprofit called the American Property Owners Alliance, and its spending tells a different story.

After N.R.A.’s Supreme Court Win, a Dispute Over Key Facts

DNyuz – Danny Hakim (New York Times) | Published: 12/9/2024

The Supreme Court ruled unanimously that the National Rifle Association (NRA) could pursue its claim that a New York regulator had infringed on its First Amendment rights when she sought to discourage insurers and banks from doing business with the group after the 2018 school massacre in Parkland, Florida. But the two women said to be the primary participants in a secret meeting described in the complaint, and pivotal to the Supreme Court ruling, say it never took place. The case before the high court was a test of how far government advocacy could go before crossing a line into coercion.

FBI Director Christopher Wray Says He Will Resign Before Trump Takes Office

MSN – Perry Stein (Washington Post) | Published: 12/11/2024

FBI Director Christopher Wray announced he would resign from his position at the end of the Biden administration, stepping down as the leader of the 35,000-person law enforcement bureau before Donald Trump takes office and can fire him. Wray’s resignation comes seven years into his 10-year term, a tenure that is meant to span multiple administrations and is intentionally longer than other executive branch appointments to avoid politicization of the FBI. Trump had announced he would nominate loyalist Kash Patel to serve as FBI director, sending a message to Wray that he should either resign or prepare to be fired.

Supreme Court Divided Over Government Contracting Fraud Conviction

MSN – Ann Marimow (Washington Post) | Published: 12/9/2024

The Supreme Court appeared divided over whether to uphold the conviction of a government contractor found guilty of defrauding a state transportation program intended to promote diversity. The court has repeatedly expressed skepticism of federal prosecutions for too broadly applying criminal statutes to combat public corruption and other white-collar crimes. The ruling in the contracting case could affect how federal prosecutors pursue other fraud cases.

Judge Rejects Sale of Alex Jones’ Infowars to The Onion in Dispute Over Bankruptcy Auction

MSN – Dave Collins (Associated Press) | Published: 12/11/2024

A federal judge rejected the auction sale of Alex Jones’ Infowars to The Onion satirical news outlet, criticizing the bidding process as flawed and the amount of money that families of the Sandy Hook Elementary shooting stood to receive. The Onion had been named the winning bidder over a company affiliated with Jones, whose conspiracy theory platform was put up for sale as part of his bankruptcy case stemming from the nearly $1.5 billion that courts have ordered him to pay over falsely calling one of the deadliest school shootings in U.S. history a hoax.

House Rejects Democratic Efforts to Force Release of Matt Gaetz Ethics Report

MSN – Farnoush Amiri (Associated Press) | Published: 12/5/2024

The House shut down Democrats’ efforts to release the long-awaited ethics report into former Rep. Matt Gaetz, pushing the fate of any resolution to the years-long investigation of sexual misconduct allegations into further uncertainty. The nearly party-line votes came after Democrats had been pressing for the findings to be published even though Gaetz left Congress and withdrew as Donald Trump’s nominee for attorney general for attorney general. Rep. Tom McClintock was the sole Republican to support the effort.

White House Weighs Preemptive Pardons for Potential Trump Targets

MSN – Tyler Pager and Meryl Kornfield (Washington Post) | Published: 12/5/2024

President Biden is weighing whether to grant preemptive pardons to individuals who might be targeted by the incoming Trump administration. Biden’s senior staffers have been increasingly alarmed by Trump’s picks for key law enforcement positions, such as Kash Patel, the choice for FBI director, who has urged retribution against Trump’s adversaries and critics. Other Democrats worry that Biden risks muddying the waters and leading voters to conclude both sides are simply using the legal system for their own ends.

Elon Musk Is Now America’s Largest Political Donor

MSN – Trisha Thadani and Clara Ence Morse (Washington Post) | Published: 12/6/2024

Elon Musk gave at least $277 million in campaign donations this year to back Donald Trump and other Republican candidates, making him the largest political donor in the 2024 election cycle. Musk’s total for the cycle is the largest from a single donor since at least 2010, outside of candidates funding their own campaigns.

Bill to Protect Journalists from Revealing Sources Is ‘on Life Support’

MSN – Jeremy Barr (Washington Post) | Published: 12/11/2024

Legislation that would create a federal shield law protecting journalists from being forced to reveal their confidential sources, the Protect Reporters From Exploitative State Spying Act, is facing a dim future after an attempt in the Senate to expeditiously pass the bill failed. The bill passed the House in January but has been stalled in the Senate Judiciary Committee. It has been championed by a coalition of press advocacy groups and news organizations that view it as essential for safeguarding the use of confidential sources in public interest reporting.

Watchdog Faults DOJ in Trump’s First Term for Secretly Obtaining Records of Lawmakers and Journalists

MSN – Josh Gerstein and Kyle Cheney (Politico) | Published: 12/10/2024

The Justice Department during Donald Trump’s first term failed to comply with its own procedures when it sought journalists’ phone and email records in leak investigations, according to a watchdog report. The department also never conducted any high-level review as it swept up the records of 43 congressional staffers and two Democratic House members, the report found. Inspector General Michael Horowitz said he found no evidence that federal prosecutors got express approval from then-Attorney General Bill Barr or told federal courts the subpoenas were for records of lawmakers and their aides.

Foster Advocacy Group Denies That Arrested Member Assaulted Rep. Nancy Mace

MSN – Peter Hermann and Keith Alexander (Washington Post) | Published: 12/11/2024

The head of a foster-care advocacy group is disputing allegations that one of its members assaulted U.S. Rep. Nancy Mace during a reception at the Rayburn House Office Building, saying the two merely shook hands during what appeared to be an amicable greeting. Capitol Police said James McIntyre, co-founder of the Illinois chapter of Foster Care Alumni of America, was charged with assaulting a government official.

Trump May Have Dodged His Criminal Case – but a Slew of Civil Lawsuits Loom

MSN – Josh Gerstein and Kyle Cheney (Politico) | Published: 12/8/2024

Donald Trump is not off the hook for January 6 just yet. Though the criminal cases against him are all but dead, Trump is likely to be fighting eight civil lawsuits, from members of Congress and injured police officers, deep into his second term. They may be the last form of legal redress Trump faces for his role in spurring the Capitol riot. Trump’s election effectively scuttled special counsel Jack Smith’s prosecution of Trump, but a Supreme Court ruling says civil litigation can proceed against a sitting president.

Supreme Court Justice Recuses Himself from Utah Railroad Case Tied to Colorado Billionaire

Salt Lake Tribune – Charlie Savage (New York Times) | Published: 12/6/2024

Supreme Court Justice Neil Gorsuch recently recused himself from a case after ethics watchdogs and Democratic lawmakers urged him to step aside because the outcome will likely affect the financial interests of a billionaire to whom he has long-standing ties. Legislation to impose an ethics code on the justices has stalled, but in 2023, the court unanimously adopted its first code of conduct. The New York Times has reported that in internal debate over the code, Gorsuch insisted it contain no enforcement mechanism beyond voluntary compliance.

From the States and Municipalities

California – Inside a Campaign Donor’s Journey to Get Her Money Back from Nathan Fletcher

KPBS – Scott Rodd | Published: 12/9/2024

San Diego resident Yvonne Elkin was determined to get her $100 dollars back. Elkin gave the money to former San Diego County Supervisor Nathan Fletcher last year when he announced his run for the California Senate. Then Fletcher dropped out of the race amid allegations of sexual assault. It was enough to change Elkin’s mind about Fletcher. But getting back a campaign contribution is not so simple. Political donors in California can ask for their donations back. But in nearly all cases, under state law, it is up to the candidate to decide.

California – S.F. Agencies Cuts Ties with Major Nonprofit Accused of Enriching a Former Department Head

MSN – St. John Barned-Smith and Michael Barba (San Francisco Chronicle) | Published: 12/10/2024

San Francisco city officials are cutting ties with a major nonprofit contractor after an investigation found the organization enriched a former department head who directed more than $1 million in city funds to the group. Two city departments canceled various contracts with Collective Impact over what officials described as “significant conflicts of interest” between the nonprofit and Sheryl Davis, the former executive director of the San Francisco Human Rights Commission.

California – LA Times Owner Plans to Add AI-Powered ‘Bias Meter’ on News Stories, Sparking Newsroom Backlash

MSN – Liam Reilly and Jon Passantino (CNN) | Published: 12/5/2024

Los Angeles Times owner Patrick Soon-Shiong, who blocked the newspaper’s endorsement of Kamala Harris and plans to overhaul its editorial board, says he will implement an artificial intelligence-powered “bias meter” on the paper’s news articles to provide readers with “both sides” of a story. Soon-Shiong said major publishers have so far failed to adequately separate news and opinion, which he suggested “could be the downfall of what now people call mainstream media.”

Colorado – Ethics Commission: Rick Palacio violated state law by contracting with Gov Jared Polis’ office

Colorado Politics – Marianne Goodland | Published: 12/10/2024

The Colorado Independent Ethics Commission ruled Rick Palacio, a former chief of staff to Gov. Jared Polis, violated state law by contracting with the governor’s office within six months of his departure. The commission did not fine Palacio and dismissed another claim that he had “double-dipped” as both a contractor and state employee.

Colorado – Colorado Court Rules Ethics Commission Can’t Assert Jurisdiction Over Local Governments

Colorado Politics – Marianne Goodland | Published: 12/9/2024

A Denver District Court judge upheld a decision of the state Court of Appeals regarding whether the Colorado Ethics Commission can assert jurisdiction over local governments that have their own ethics code. The decision could end an eight-year fight over ethics complaints filed against the mayor of Glendale, the origin of the city’s challenge to the commission’s claims of jurisdiction. It could also end the ethics commission’s decisions to assert jurisdiction over home rule governments on ethics.

Colorado – State Sen. Jaquez Lewis Removed from Committees; Dems Plan Ethics Investigation Over Treatment of Staff

Colorado Public Radio – Bente Birkeland | Published: 12/8/2024

Colorado Senate leaders said they would approve an ethics investigation next session into state Sen. Sonya Jaquez Lewis’ treatment of legislative aides and are removing her from serving on any committees when lawmakers return to the Capitol in January. Democratic leaders recently banned Jaquez Lewis from receiving state funds to hire staff following a recent complaint that she used campaign funds to pay aides to do personal work.

Connecticut – ‘Not a Dirty Word’: State ethics office tracks lobbyists; $34.8M spent in 2024 as of mid-Nov.

Hartford Business Journal – David Krechevsky | Published: 12/9/2024

Among other things, the Connecticut Office of State Ethics regulates and enforces the rules on the people and organizations that register each year to lobby state legislators and agencies. It also conducts audits and imposes penalties on those who fail to comply. “Our role is simply to provide transparency to the process,” said Pete Lewandowski, executive director of the ethics agency.

District of Columbia – D.C. Council Quietly Renames Bills to Avoid Scrutiny from Trump, Congress

MSN – Emily Davies and Meagan Flynn (Washington Post) | Published: 12/8/2024

Before Republicans won control of the House, Senate, and presidency in November, the District of Columbia Council was preparing to pass several pieces of legislation that threatened to draw the ire of the GOP. Now, with Donald Trump headed back to the Oval Office and his party set to control Congress, the city’s lawmakers are quietly making edits to the titles. It is part of a strategic effort across the government to adopt a more neutral posture on sensitive issues in hopes of avoiding a GOP backlash, according to Council Chairperson Phil Mendelson.

Florida – Mayor’s Office: Attending party on Shad Khan’s Kismet allowed by gift law restrictions

MSN – David Bauerlein (Florida Times-Union) | Published: 12/6/2024

The value of the food and beverages served by the Jacksonville Jaguars during a holiday party on team owner Shad Khan’s yacht fits within what elected officials such a Mayor Donna Deegan and city council members can accept for complying with gift law restrictions, according to a ethics watchdog who advises Deegan. Florida law allows Deegan and council members to accept gifts from entities that do business with the city or lobby the city, such as the Jaguars, but the value of a gift cannot exceed $100, said Carla Miller, who previously spent years as the city’s ethics director.

Florida – Moms for Liberty Co-Founder Selected as Vice Chair of Florida Commission on Ethics

Tallahassee Democrat – Douglas Soule (USA Today) | Published: 12/11/2024

Not waiting to see if the Senate confirms her appointment, the Florida Commission on Ethics unanimously selected conservative Moms for Liberty co-founder Tina Descovich as its new vice-chairperson. Descovich, a former Brevard County School Board member, has served on the commission since Gov. Ron DeSantis appointed her last year. The Senate did not confirm her during the 2024 legislative session. Concerns were raised that Descovich’s work counted as lobbying, which would conflict with a role on the commission.

Georgia – Atlanta’s Inspector General Sued by City Contractor Over Investigation

WAGA – Staff | Published: 12/10/2024

Atlanta Inspector General Shannon Manigault is being sued by a city contractor whose name surfaced during a year-long investigation by her office. The vendor’s attorney says Manigault overstepped her boundaries and is not following the law while trying to investigate possible financial connections between vendors and Atlanta officials. The city council unanimously renewed Bernie Tokarz’s contract, and the state ethics commission dismissed Manigault’s complaint.

Illinois – AT&T’s Involvement in Illinois Politics Takes Focus in Mike Madigan Corruption Trial

Courthouse News – Dave Byrnes | Published: 12/11/2024

The corruption trial of former Illinois House Speaker Mike Madigan continued as U.S. attorneys probed the extent of AT&T’s involvement with the state’s politics. The government claims AT&T Illinois offered ex-state Rep. Eddie Acevedo a do-nothing subcontractor gig worth $22,500 in April 2017, through a firm owned by lobbyist Tom Cullen, also a longtime Madigan ally and political operative. Internal AT&T documents stated the funds were meant to cover Cullen’s firm taking on “an additional asset.” Prosecutors say that asset was Eddie Acevedo.

Louisiana – Former State Legislator from Gov. Landry’s Home Parish Nominated for Ethics Board

Yahoo News – Julie O’Donoghue (Louisiana Illuminator) | Published: 12/11/2024

The Louisiana House of Representatives has nominated only one person so far to fill its open ethics board seat – former state Rep. Mike Huval, who is friends with Gov. Jeff Landry. Other than the one late campaign finance report, which is not unusual for elected officials, Huval said he has not had any run-ins with the ethics board. The governor and legislators rewrote state law earlier this year to change the board’s makeup.

Louisiana – Louisiana Ethics Board Hires New Top Staff Member on a Temporary Basis after Pushback

Yahoo News – Julie O’Donoghue (Louisiana Illuminator) | Published: 12/6/2024

The Louisiana Board of Ethics voted one of its own staff attorneys in as the state’s new ethics administrator after unprecedented pushback from legislative leaders and Attorney General Liz Murrill to filling the position. The appointment of David Bordelon was made on an interim basis, however, allowing the board to reverse itself when new members that Gov. Jeff Landry and lawmakers appoint join the board in 2025. Bordelon will start the job after December 27, when longtime ethics administrator Kathleen Allen retires.

Massachusetts – Boston City Councilor Tania Fernandes Anderson Arrested by Feds on Corruption Charges

MSN – Chris Van Buskirk, Gayla Cawley, and Joe Dwinell (Boston Herald) | Published: 12/6/2024

Boston City Councilor Tania Fernandes Anderson was indicted on five counts of aiding and abetting wire fraud and one count of aiding and abetting theft concerning a program receiving federal funds. The councilor hired a staff member in 2022 who was related to her and agreed to give the person a $13,000 bonus, most of which they would kickback to Fernandes Anderson, according to the indictment. Fernandes Anderson is paid $115,000 a year as a city councilor, but the feds say she was having money problems.

Missouri – Kansas City Mayor Accused of Skirting City Gift Ban by Using Nonprofit to Pay for Travel

Yahoo News – Allison Kite (Kansas Reflector) | Published: 12/5/2024

The cost of a trip to the Super Bowl in Arizona for Kansas City Mayor Quinton Lucas, a top aide, and two members of the mayor’s security detail was covered by a $24,000 check from the Heavy Constructors Association, a politically connected trade group. The price of the trip and the payment were never made public. That is because the mayor and his now-former chief of staff, Morgan Said, ran the spending and donation through the Mayors Corps of Progress for a Greater Kansas City Inc., a nonprofit that helps attract economic development to the city and is not required to disclose its financials.

Missouri – Missouri Ethics Commission Fines Past SPS Board Candidates for Campaign Finance Violations

Yahoo News – Claudette Riley (Springfield News-Leader) | Published: 12/10/2024

The Missouri Ethics Commission found “reasonable grounds” that Springfield school board candidates Landon McCarter and Chad Rollins violated campaign finance laws in connection with billboards placed around the city on their behalf. McCarter and Rollins each reported an in-kind contribution of $7,500 in January. The limited liability company that contributed was not classified as a corporation under federal tax code, and it was not registered with the Ethics Commission, a required step.

Missouri – Missouri Judge Dismisses Whistleblower Lawsuit Against Top Republican Lawmaker

Yahoo News – Kacen Bayless (Kansas City Star) | Published: 12/11/2024

A judge dismissed a whistleblower lawsuit filed against Speaker Dean Plocher that alleged he used his power to retaliate against a top employee of the Missouri House. The lawsuit by Dana Miller, chief clerk of the House, alleged a damning portrait of Plocher, arguing he threatened and retaliated against Miller and other staffers amid a slew of scandals Plocher faced in his final session as speaker.

Montana – Auditors Say Montana’s System of Tracking Lobbyists Broken

Yahoo News – Darrell Ehrlick (Daily Montanan) | Published: 12/5/2024

A report from the Legislative Audit Division said Montana lagged behind most states when it comes to tracking activity by lobbyists. It found there is no mechanism to check the accuracy of disclosure reports, and the system’s two databases often had conflicting or inconsistent information. Moreover, the Commissioner of Political Practices Office has never used the auditing power granted to it by state law to investigate lobbyist’s reports or enforce penalties on those who did not conform to state law.

New York – Half of Mayor Adams’ Latest Matching Campaign Fund Claims Deemed ‘Invalid’

Yahoo News – Chris Sommerfeldt (New York Daily News) | Published: 12/10/2024

Half of the claims for public matching funds that Mayor Eric Adams’ reelection campaign submitted in the most recent reporting period were deemed “invalid” by the New York City Campaign Finance Board (CFB), the highest rejection rate that the mayor’s team has faced to date. The CFB is weighing whether to give Adams’ 2025 campaign any matching funds at all amid his federal indictment on charges alleging he took illegal political donations and bribes, mostly from Turkish government operatives.

North Carolina – Public Left in the Dark After NC Legislators Made Campaign Donation Probes Secret

MSN – Dan Kane (Raleigh News & Observer) | Published: 12/12/2024

A bill passed in 2018 funneled campaign finance investigations in North Carolina into a new, secret, and drawn-out process. In the six years since the law passed, not a single campaign finance charge has been filed by a state prosecutor, state election officials and campaign watchdogs say. In the six years prior, state election board hearings on campaign finance complaints were steps to criminal convictions against two lawmakers.

North Carolina – North Carolina GOP Changes Election Rules Before Losing Supermajority

MSN – Patrick Marley (Washington Post) | Published: 12/11/2024

Republicans in North Carolina’s Legislature overrode a veto to give one of their allies control over the state’s elections board, rewrite ballot-counting rules, and chip away at the power of the incoming Democratic governor. The move came as Republicans sought to claim three seats in the Legislature and a spot on the state Supreme Court by throwing out tens of thousands of ballots in races they lost in November. The state Democratic Party is fighting that effort by asking a federal judge to ensure votes do not get tossed because of administrative errors.

Oklahoma – Roundup: Turnpike Authority considers toll hikes, Ethics Commission mulls rule changes, Hiett still besieged

NonDoc – Michael McNutt | Published: 12/9/2024

A new state database used for reporting and tracking campaign financial information and lobbyist registrations is expected to be ready for use by June 2025. The Oklahoma Ethics Commission gave the agency’s executive director approval to sign a contract with RFD & Associated to replace the outdated and antiquated “Guardian” electronic filing system. Commissioners also held a hearing on 13 proposed ethics rule amendments, several of which were generated from a report of a campaign finance task force created by Gov. Kevin Stitt.

Tennessee – Tennessee Sen. Yager to Refund Campaign Account for State-Paid Mileage ‘Oversight’

Yahoo News – Cassandra Stephenson (Tennessee Lookout) | Published: 12/11/2024

Tennessee Sen. Kenneth Yager’s recent arrest while driving a campaign-funded car on a vacation in Georgia sheds renewed light on the pitfalls of lawmakers’ not-uncommon practice of dipping into campaign finances to lease or purchase vehicles. State law does not prohibit this but does require lawmakers to keep records of vehicle use and reimburse their campaign accounts for any mileage payments they receive from the state and any personal use of the vehicle.

Virginia – Va. Library Survived Battle Over LGBTQ+ Books. Now, It Faces a New Threat.

MSN – Gregory Schneider (Washington Post) | Published: 12/11/2024

The Warren County Board of Supervisors voted to take greater control over Samuels Public Library, which was honored as Virginia’s 2024 Library of the Year but has clashed with conservative county leaders over LGBTQ+-themed books and now finds its future plunged into uncertainty. The supervisors voted to create a new library board to oversee policy and budget.  The effort to exert political control over the independent, nonprofit library drew national attention   last year when a small group of residents waged a campaign against LGBTQ+ books primarily aimed at young readers.

Wisconsin – Trump Lawyers and Aide Hit with 10 Additional Charges in Wisconsin Over 2020 Fake Electors

MSN – Scott Bauer (Associated Press) | Published: 12/10/2024

Wisconsin prosecutors filed 10 additional felony charges against two attorneys and an aide to Donald Trump who advised Trump in 2020 as part of a plan to submit paperwork falsely claiming he won the battleground state that year. The amended charges against Jim Troupis, who was Trump’s attorney in Wisconsin, Kenneth Chesebro, an attorney who advised the campaign, and Mike Roman, Trump’s director of Election Day operations in 2020, are for using forgery to defraud each of the 10 Republican electors who cast their ballots for Trump that year.

Campaign Finance

North Carolina: “Public Left in the Dark After NC Legislators Made Campaign Donation Probes Secret” by Dan Kane (Raleigh News & Observer) for MSN

Elections

North Carolina: “North Carolina GOP Changes Election Rules Before Losing Supermajority” by Patrick Marley (Washington Post) for MSN

Wisconsin: “Trump Lawyers and Aide Hit with 10 Additional Charges in Wisconsin Over 2020 Fake Electors” by Scott Bauer (Associated Press) for MSN

Ethics

National: “FBI Director Christopher Wray Says He Will Resign Before Trump Takes Office” by Perry Stein (Washington Post) for MSN

Louisiana: “Former State Legislator from Gov. Landry’s Home Parish Nominated for Ethics Board” by Julie O’Donoghue (Louisiana Illuminator) for Yahoo News

National: “Judge Rejects Sale of Alex Jones’ Infowars to The Onion in Dispute Over Bankruptcy Auction” by Dave Collins (Associated Press) for MSN

Virginia: “Va. Library Survived Battle Over LGBTQ+ Books. Now, It Faces a New Threat.” by Gregory Schneider (Washington Post) for MSN

Lobbying

National: “After N.R.A.’s Supreme Court Win, a Dispute Over Key Facts” by Danny Hakim (New York Times) for DNyuz

Procurement

Colorado: “Ethics Commission: Rick Palacio violated state law by contracting with Gov Jared Polis’ office” by Marianne Goodland for Colorado Politics

Campaign Finance

California: “Inside a Campaign Donor’s Journey to Get Her Money Back from Nathan Fletcher” by Scott Rodd for KPBS

Louisiana: “Edwards Budget Chief Jay Dardenne to Pay $3,000 Fine for Late Campaign Finance Reports” by Julie O’Donoghue (Louisiana Illuminator) for Yahoo News

National: “Realtors’ Nonprofit Is Politically Motivated, Some Say” by Debra Kamin (New York Times) for DNyuz

New York: “Half of Mayor Adams’ Latest Matching Campaign Fund Claims Deemed ‘Invalid'” by Chris Sommerfeldt (New York Daily News) for Yahoo News

Ethics

Colorado: “Colorado Court Rules Ethics Commission Can’t Assert Jurisdiction Over Local Governments” by Marianne Goodland for Colorado Politics

National: “Supreme Court Divided Over Government Contracting Fraud Conviction” by Ann Marimow (Washington Post) for MSN

Georgia: “Atlanta’s Inspector General Sued by City Contractor Over Investigation” by WAGA Staff for Yahoo News

Procurement

California: “S.F. Agencies Cuts Ties with Major Nonprofit Accused of Enriching a Former Department Head” by St. John Barned-Smith and Michael Barba (San Francisco Chronicle) for MSN

National/Federal

A Spike in Demand, and Fees, for Lobbyists with Ties to Trump

DNyuz – Kenneth Vogel and Kate Kelly (New York Times) | Published: 11/7/2024

In corporate boardrooms and foreign capitals, there is a scramble to sign lobbyists who could help navigate an incoming administration viewed with uncertainty and concern. Companies and foreign countries have long relied on lobbyists to guide them through the shifts in power on Capitol Hill or the White House. But since Donald Trump first upended global politics in 2016, he has continued to confound establishment gatekeepers on K Street. It has led to a delicate dance in which a relatively small group of lobbyists have sought to demonstrate their value to him and to cautious clients, without running afoul of the sensitivities of either.

Nonprofits Vow a New Resistance. Will Donors Pay Up?

DNyuz – David Fahrenthold and Kenneth Vogel (New York Times) | Published: 11/13/2024

In Donald Trump’s first term as president, some of his toughest opponents were left-leaning nonprofit groups. They bogged down his immigration and environmental policies with lawsuits and protests and were rewarded with a huge “Trump bump” in donations. Some of those groups are promising to do it all over again, but this time it could be a lot harder. Trump’s administration could learn from past mistakes and avoid the procedural errors that made its rules easier to challenge, and the higher courts are seeded with judges appointed by Trump. Nonprofits are also finding some supporters are not energized by another round of resistance.

Gaetz Resigned Days Before Ethics Investigation Report Expected

MSN – Marianna Sotomayor, Jacqueline Alemany, and Marianne Levine (Washington Post) | Published: 11/13/2024

The House Committee on Ethics was set to vote on releasing a report about U.S. Rep. Matt Gaetz, who resigned from Congress after being picked as Donald Trump’s nominee for attorney general. Gaetz has been under investigation by the bipartisan ethics panel for allegations that he may have engaged in sexual misconduct and illegal drug use and accepted improper gifts. If a lawmaker is under investigation by the committee and resigns, is expelled, or leaves Congress, the committee immediately ceases any ongoing investigation.

Neera Tanden’s X Posts Violated Ban on Political Fundraising, Government Watchdog Alleges

MSN – Adam Cancryn (Politico) | Published: 11/7/2024

A government ethics watchdog agency formally accused White House domestic policy chief Neera Tanden of repeatedly violating the Hatch Act by soliciting political contributions on social media in the months before the election. It appears to be the first time a White House official has faced such a complaint after Special Counsel Hampton Dellinger warned in May that he would eliminate the custom of sending such accusations to the president to deal with at his discretion.

Some Ethics Experts Raise Concerns Over Musk and Ramaswamy’s Department of Government Efficiency Roles

MSN – Soon Rin Kim (ABC News) | Published: 11/13/2024

Donald Trump’s announcement that Elon Musk and Vivek Ramaswamy will lead a newly formed advisory Department of Government Efficiency has alarmed some government ethics experts, who say the pair’s deep financial interests could lead to potential conflicts-of-interest. Some ethics experts are particularly alarmed that Musk and Ramaswamy’s roles have been described as “outside of government,” an arrangement that could potentially mean they would not be subject to normal financial disclosure rules.

The Onion Wins Auction to Take Control of Alex Jones’s Infowars

MSN – Kim Bellware (Washington Post) | Published: 11/14/2024

The satirical news site The Onion won a bankruptcy auction to acquire the media company of conspiracy theorist Alex Jones. The bid was sanctioned by the families of the victims of the mass shooting at Sandy Hook Elementary School, who in 2022 won a $1.4 billion defamation lawsuit against Jones and his company for claiming the massacre was a hoax. The takeover of comes with a multi-year agreement with the nonprofit group Everytown for Gun Safety, which will serve as the exclusive advertiser during the Onion-led relaunch of Infowars.

Trump Could Pick Government’s Top Ethics Official – After Key Ally Blocked Biden’s Choice

MSN – Fredreka Schouten (CNN) | Published: 11/8/2024

Donald Trump could be in a position to select the government’s top ethics czar when he assumes office in January after a key ally in the Senate blocked President Biden’s pick to head the Office of Government Ethics. Sen. Mike Lee objected to the confirmation of David Huitema to the post, a little more than a year after he was first nominated by Biden. Lee said the vote should be delayed until after the presidential election, citing what he called the “political weaponization of the US government against Donald Trump by the Biden-Harris administration.”

Trump, Allies Signal They Will Try to Call the Shots for Republican-Led Senate

MSN – Mariana Alfaro (Washington Post) | Published: 11/10/2024

Donald Trump and his allies signaled they will try to call the shots in the Republican-led Senate, pushing the candidacy of Sen. Rick Scott for GOP leader and demanding that Republicans allow Trump to make appointments to his administration and the courts without Senate approval. Next year, Republicans are on track to have at least 53 senators, a comfortable majority to approve nominations, but Trump seemed to indicate that was not sufficient for his choices for federal jobs and judicial vacancies.

Elon Musk’s $1M Voter Giveaways Were Fixed Lotteries, Lawsuits Say

MSN – Kyle Melnick (Washington Post) | Published: 11/6/2024

When Robert Alvarez heard that Elon Musk was giving away $1 million in a lottery each day to a swing-state voter, he signed a petition from Musk’s super PAC in hopes of winning. But in a lawsuit filed against Musk and America PAC, Alvarez said he never had a chance of winning. America PAC, which Musk created to campaign for Trump, did not select winners by chance, but instead by vetting candidates’ social media presence for pro-GOP values, Alvarez’s lawsuit said.

Minority-Owned Firms Face ‘Crisis’ as Affirmative Action Programs Fall

MSN – Julian Mark (Washington Post) | Published: 11/11/2024

Minority- and women-owned businesses are bracing for the end of affirmative action in federal contracting, and the potential loss of contracts worth at least $70 billion a year, as government programs for “disadvantaged” firms have fallen to legal attack over the past year. A series of court rulings have held some of the federal government’s largest diversity programs violate the Constitution’s guarantee of equal protection. As a result, key agencies have dropped race and gender preferences born in the Civil Rights era and intended to level the playing field by setting aside billions each year in contracting dollars for minority- and women-owned firms.

Republicans Win House, Delivering Trump a Trifecta

MSN – Emily Brooks (The Hill) | Published: 11/12/2024

Republicans are projected to keep control of the U.S. House, handing the party total control of Washington with Donald Trump back in the White House in January. Decision Desk HQ projected the GOP would hold the House by winning its 218th seat, the number needed for a majority in the chamber. The final breakdown is uncertain, with ballots still being counted for several races in California. Those exact numbers will matter a lot for Speaker Mike Johnson’s political future, for which policies Republicans can enact, and how the lower chamber will function – or not function.

How ‘Urgent’ Texts Pushed These Donors to Give Thousands of Times to Political Candidates

MSN – Gabrielle LaMarr LeMee (Los Angeles Times) | Published: 11/12/2024

There is a new kind of political donor: one who gives in fairly small amounts, sometimes as little as a dollar, over and over. More than 13,500 Americans are frequent donors who have made one or more contributions per day, on average, in this cycle. Campaigns do not stop sending fundraising messages to donors, even after they have hit contribution limits. Joint fundraising committees allow for complex ways of shifting money between participating committees to increase the amount that a donor can give after hitting the limit on any individual committee.

Elon Musk’s PAC Spent an Estimated $200 Million to Help Elect Trump, AP Source Says

MSN – Dan Merica (Associated Press) | Published: 11/11/2024

Elon Musk’s super PAC spent around $200 million to help elect Donald Trump, according to a person familiar with the group’s spending, funding an effort that set a new standard for how billionaires can influence elections. America PAC’s work was aided by an FEC ruling that paved the way for super PACs to coordinate their canvassing efforts with campaigns, allowing the Trump campaign to rely on the near-unlimited money of the nation’s most high-profile billionaire to boost turnout.

Four States Reject Ranked-Choice Voting, Approved in District

MSN – Tim Craig (Washington Post) | Published: 11/6/2024

Colorado, Idaho, Nevada, and Oregon rebuffed efforts to adopt ranked choice voting in their future elections, dealing a setback to those who wanted to dramatically change how Americans choose their elected officials. The one bright spot for advocates of ranked-choice voting was the District of Columbia, where a referendum was approved by a wide margin. The practice is already in use in Alaska and Maine. But Alaska voters, who initially approved ranked choice voting in a 2020 referendum, are considering a referendum to undo the change.

Special Counsel Jack Smith Plans to Quit; Cannon Appeal May Continue

MSN – Perry Stein and Spencer Hsu (Washington Post) | Published: 11/13/2024

Special counsel Jack Smith plans to resign and wrap up his federal prosecutions of Donald Trump before the president-elect takes office and can fire him. Trump’s election victory prompted Smith to start winding down the prosecutions instead of continuing court proceedings until Inauguration Day. Ending the two federal cases could allow Smith to deliver a final report detailing his findings before Trump becomes the 47th president. Smith appears to still be considering how to handle an ongoing appeal in Trump’s classified documents case.

Legal Questions Surround Trump’s Talk of Political Prosecutions

Roll Call – Ryan Tarinelli | Published: 11/8/2024

Donald Trump expressed support for criminal charges to be filed against his political opponents on the campaign trail, but former Justice Department officials and legal experts say there are various guardrails set up to prevent retribution through the criminal process. But former Trump administration officials have warned publicly that people who once aimed to stop Trump’s worst impulses will not be there to rein him in during a second term. Trump will also be immune from federal prosecution for official acts after a Supreme Court decision earlier this year.

From the States and Municipalities

Arizona – Judge Recuses from Arizona Case Over His Email Denouncing Attacks on Harris

MSN – Annabelle Timsit and Yvonne Wingett Sanchez (Washington Post) | Published: 11/13/2024

The judge overseeing the criminal election-interference case in Arizona against some of Donald Trump’s supporters recused himself from the case. Maricopa County Judge Bruce Cohen had emailed colleagues urging them to speak out against conservative attacks on Vice President Kamala Harris’s gender and racial identity. An attorney for one of the defendants said the emails showed the judge “bears a deep-seated personal political bias” against Trump and the defendants.

California – Criminal Prosecutor Tapped to Lead San Diego Ethics Panel, as Voters Hand It More Power

MSN – Jeff McDonald (San Diego Union-Tribune) | Published: 11/8/2024

A committee of the San Diego Ethics Commission selected an outsider to take over the regulatory office after current Executive Director Sharon Spivak steps away early next year. The full commission will now Consider appointing longtime prosecutor Bryn Kirvin to run the department charged with enforcing city campaign finance laws and lobbying rules. Voters approved Measure D, which strengthens the agency’s authority in several important ways, including awarding the commission authority to name its executive director.

California – In a Historic Shift, the L.A. County Board of Supervisors Will Nearly Double in Size

MSN – Rebecca Ellis (Los Angeles Times) | Published: 11/11/2024

Voters approved a proposal to add four more members to the Los Angeles County Board of Supervisors as part of a massive overhaul of the county government’s structure. Measure G’s passage marks a dramatic reshaping of a government that has not fundamentally changed for over a century, as the county’s population exploded from 500,000 to roughly 10 million. The ballot measure also calls for the creation of an independent ethics commission by 2026.

California – Oakland Mayor Sheng Thao Concedes Recall Defeat, Ending Tenure Marked by City’s Struggles

San Jose Mercury News – Shomik Mukherjee | Published: 11/9/2024

Oakland voters have recalled Mayor Sheng Thao. It was a resounding victory for a fierce recall campaign bankrolled almost entirely by a single hedge-fund manager, Philip Dreyfuss, who spent over $1.9 million in Alameda County politics this year. City Council president Nikki Fortunato Bas will serve as the interim mayor until a special election can be held. Thao’s professional future seems uncertain amid a sprawling FBI investigation into Oakland that in June led federal agents to raid her home and several other addresses.

California – Newsom Fined $13,000 for Failing to Report on Time Payments Made at His Request

Yahoo News – Sandra McDonald (Los Angeles Times) | Published: 11/8/2024

Gov. Gavin Newsome agreed to a $13,000 fine from the California Fair Political Practices Commission (FPPC) for not meeting deadlines to report charitable contributions made at his request. State law requires elected officials to report donations made on their behalf within 30 days. The FPPC said on 18 occasions, Newsom and his 2018 campaign committee failed to make those reports on time, often submitting them several months late.

Delaware – Delaware’s Campaign Finance Law Sees Small Changes with a Potential Overhaul on the Horizon

Delaware First Media – Sarah Petrowich | Published: 11/10/2024

Delaware Gov. John Carney signed House Bill 291 into law, requiring the Department of Elections to provide a phone number and online form for reporting alleged campaign financing violations in the state, among other provisions. State Attorney General Kathy Jennings has indicated she is already working on additional reform recommendations to propose to the Legislature in the new year.

District of Columbia – Trayon White Sr., Facing Bribery Charge, Is Reelected to D.C. Council

MSN – Michael Brice-Saddler and Dan Rosenzweig-Ziff (Washington Post) | Published: 11/5/2024

District of Columbia Council member Trayon White Sr. sailed to a third term even as he faces a federal bribery charge. For White, who lacked serious opposition, the outcome is illustrative of the enduring support of his base. While some voters expressed reservations about voting for White, a vast majority made it clear that they still have his back.

Florida – Lobbying Firm Promotes Katie Wiles as Her Mother Becomes Trump’s Chief of Staff

MSN – David Bauerlein (Jacksonville Florida Times-Union) | Published: 11/8/2024

A day after Donald Trump named Susie Wiles as his chief of staff, Continental Strategy promoted Wiles’ daughter Katie to be the director of its lobbying and consulting offices in Jacksonville and the District of Columbia. The announcement said Wiles will continue to provide communications work for Continental Strategy’s federal and state operations while adding lobbying and business development to her role in the firm’s offices.

Florida – Suspended Miami-Dade Commissioner Martinez Convicted of Taking $15K to Help Constituent

MSN – Charles Rabin (Miami Herald) | Published: 11/7/2024

Joe Martinez, whose 17-year law enforcement career led to five terms in elected office as a county commissioner, was convicted of accepting $15,000 in payments in exchange for helping with legislation that would have benefited a constituent. Prosecutors argued Martinez accepted three $5,000 payments in 2016 and 2017 from Extra Supermarket owner Jorge Negrin in exchange for pushing legislation that would have permitted much needed large-refrigerated containers on the property.

Georgia – Supreme Court Squashes Mark Meadows’ Push to Move Georgia Election Charges

Yahoo News – Maureen Groppe and Bart Jansen (USA Today) | Published: 11/12/2024

Former White House chief of staff Mark Meadows lost his bid to move his Georgia election interference case to federal court, where it might have been easier to avoid prosecution. The U.S. Supreme Court declined to review a lower court’s rejection of Meadows’ attempt. Meadows, who was charged with Donald Trump and 17 others in what prosecutors say was a conspiracy to reverse Joe Biden’s 2020 victory in Georgia, argued the crimes he is accused of committing involved actions that were part of his federal job at the White House.

Indiana – Police: Shoulders spent thousands in campaign dollars on baseball cards, IU season tickets

Yahoo News – Jon Webb (Evansville Courier & Press) | Published: 11/7/2024

Former Vanderburgh County Commissioner Ben Shoulders used tens of thousands of dollars in campaign money to buy baseball cards and basketball season tickets, among other purchases, and then tried to report the expenditures as fraudulent in an effort to recoup some of the money, Evansville police say. Shoulders spent more than $41,000 on eBay purchases using a debit card assigned to his “Shoulders for Commissioner” account. He would then list the buys on his campaign finance forms as something else.

Kentucky – Grand Jury Declines to Indict Beshear Backer in Investigation of Straw Donations

Yahoo News – Tom Loftus (Kentucky Lantern) | Published: 11/8/2024

A Franklin County grand jury declined to indict prominent Louisville attorney Sam Aguiar in an investigation into whether Aguiar made excessive campaign contributions in the names of straw donors to Kentucky Gov. Andy Beshear’s 2019 campaign. Special prosecutor Rob Sanders said Aguiar admitted to doing so but did not know his behavior was a crime. Commonwealth’s Attorney Larry Cleveland recommended the matter be referred to the Kentucky election registry for a civil investigation.

Louisiana – Federal Judge Blocks Louisiana Law That Requires Classrooms to Display Ten Commandments

MSN – Sara Cline and Kevin McGill (Associated Press) | Published: 11/12/2024

A Louisiana requirement that the Ten Commandments be displayed in all public classrooms is “unconstitutional on its face,” a federal judge ruled, ordering state education officials not to take steps to enforce it and to notify all local school boards in the state of his decision. U.S. District Court Judge John deGravelles said the law had an “overtly religious” purpose, and rejected state officials’ claims the government can mandate the posting of the Ten Commandments because they hold historical significance to the foundation of U.S. law.

Louisiana – Judge Agrees to Temporarily Halt Louisiana Ethics Administrator Hiring, Attorney Says

Yahoo News – Julie O’Donoghue (Louisiana Illuminator) | Published: 11/11/2024

A judge issued a temporary restraining order that blocks the Louisiana Board of Ethics from picking a new administrator. The judge granted the stay at the request of Sens. Regina Barrow and Stewart Cathey. They are suing to halt the board from filling that position over the agency in 2025. Landry and lawmakers have had a fraught relationship with the ethics board in recent years.

Maryland – Former Prince George’s County Councilmember Sentenced 1 Year in Prison for Embezzlement

MSN – Randi Ayala, Samantha Gilstrap, and Matt Pusatory (WUSA) | Published: 11/13/2024

Former Prince George’s County Councilperson Jamel Franklin was sentenced to one year in prison after pleaded guilty to felony theft and perjury. Franklin admitted to stealing $124,450.10 from his campaign committee and using those funds to pay for, among other things, his credit card debt, personal rent, and personal subscriptions. He also admitted to concealing his use of campaign funds and falsifying information on reports he signed under the penalties of perjury and submitted to the State Board of Elections.

Michigan – Baum, Altoon Get Vastly Different Sentences in Taylor Public Corruption Case

MSN – Tresa Baldas (Detroit Free Press) | Published: 11/7/2024

The last two defendants in a public corruption scheme in Taylor, Michigan, involving bribes, a crooked mayor, and perverted housing deals were sentenced recently. Taylor’s former Community Development Manager Jeffrey Baum was sentenced to 18 months in federal prison for his role in helping two businesspeople secure contracts in exchange for bribes of all sorts. Real estate developer Haidir Altoon was sentenced to one day in prison followed by two years of supervised release for his role in a scheme that involved him paying bribes to Baum and former Taylor Mayor Richard Sollars.

New Jersey – Murphy Signs Law Allowing Office Holders, Candidates to Use Campaign Funds for Child Care

Bergen Record – Ashley Balcerzak | Published: 11/8/2024

Public officials and candidates running for office in New Jersey will soon be able to use campaign funds to pay for certain childcare expenses, after Gov. Phil Murphy signed a bill into law. Under the law, a candidate or officeholder can use money raised by donors to pay for childcare the person would not have needed if they weren’t running for office or in public life.

New York – Emboldened by Re-election, Trump Renews Bid to Overturn His Conviction

DNyuz – Ben Protess, Kate Christobek, and Jonah Bromwich (New York Times) | Published: 11/12/2024

Donald Trump’s lawyers moved in recent days to throw out his criminal conviction in New York in the wake of his electoral victory, hoping to clear his record of 34 felonies before returning to the White House. The Manhattan district attorney’s office, which prosecuted Trump, then asked to pause decisions in the case so it could weigh how to respond. The judge overseeing the case, Juan Merchan, granted the pause, effectively freezing any progress until November 19.

New York – NYC Mayor Adams’ Girlfriend Tracey Collins Retires from DOE Amid Department of Investigation Inquiry Into ‘No-Show’ Job Claim

MSN – Chris Sommerfeldt and Cayla Bamberger (New York Daily News) | Published: 11/8/2024

Tracey Collins, Mayor Eric Adams’ longtime girlfriend retired from her high-ranking position in the New York City public school system. The departure comes as the system’s internal watchdog and the Department of Investigation are probing claims that her position amounted to a “no show” job with a six-figure salary. A former Department of Education employee alleged Collins has rarely shown up in person to work and keeps a light schedule mostly made up of virtual appointments.

New York – Eric Adams Reaped Public Dollar from a So-Called Small-Donor ‘Barbecue.’ Video Shows a Lavish Long Island Soiree Instead.

The City – George Joseph (The Guardian), Alyssa Katz, Yoav Gonen, and Katie Hogan | Published: 11/13/2024

A 2021 fundraiser on Long Island for then-mayoral nominee Eric Adams booked 231 donations, many of them from supermarket cashiers, delivery people, and other low wage workers at the New World Mall in Queens, each listed as having made contributions of $249 or $250. The campaign sought $362,000 in matching funds from New York City on the basis of the $55,000 it raised, entirely in small donations. But a video reveals an event, hosted by New World Mall president Lian Wu Shao and his family at their Long Island mansion, that does not appear to have been a grassroots fundraiser.

Ohio – Ex-FirstEnergy Lobbyist Pleads Fifth in Regulatory Investigation, Citing Self-Incrimination Risk

MSN – Jake Zuckerman (Cleveland Plain Dealwr) | Published: 11/13/2024

A former FirstEnergy lobbyist who worked closely on the company’s scandal ridden lobbying and self-professed bribery campaign in Ohio invoked his Fifth Amendment right against self-incrimination roughly 100 times during a recent deposition. Joel Bailey, lobbyist who reported to FirstEnergy’s now-indicted government affairs head Mike Dowling, was questioned under oath in a long-stalled state regulatory investigation into the bribery scheme.

Oregon – City Council Candidate Allegedly Offered Patrons Free Bar Entry in Exchange for Campaign Contributions

Willamette Week – Sophie Peel | Published: 11/13/2024

On a Saturday night at Fortune, a popular Portland bar, a city council candidate Ben Hufford allegedly gave bargoers waiting in line a proposal: donate $10 to his campaign, and they would not have to pay the $20 cover charge. Others recall he said they could not enter the bar unless they donated to his campaign. Hufford is a co-owner of Fortune. Campaign finance records show Hufford received 170 campaign donations that night. Nearly all were $10, or multiples of $10.

South Dakota – South Dakota Breaks Record for Number of Women Elected to the State Legislature

MSN – Makenzie Huber (Sioux Falls Argus Leader) | Published: 11/8/2024

A record number of women will serve in the South Dakota Legislature in 2025. Thirty-nine female lawmakers plan to arrive in Pierre when the legislative session starts in January, besting the previous record from the 2023-2024 Legislature by eight. The growth in female representation in South Dakota is part of a trend nationally, though most Legislatures do not have gender parity. In 2023, women represented at least half of the lawmakers in two states, Nevada and Colorado.

Texas – Audit: Former Austin city manager paid two consultants $554K in 2023, violating city ethics rules

KUT – Andrew Weber and Luz Moreno-Lozano | Published: 11/8/2024

Former interim City Manager Jesús Garza violated Austin’s ethics rules when he hired two former City Hall staffers to serve as consultants after the 2023 winter storm, a report commissioned by the city auditor found. The report said Laura Huffman and Joe Canales were paid $200 and $190 an hour respectively over their 10 months at City Hall. Garza skirted rules requiring a vote from the city council on contracts over $76,000 a year. The audit found both were effectively full-time assistant city managers.

Campaign Finance

National: “Elon Musk’s $1M Voter Giveaways Were Fixed Lotteries, Lawsuits Say” by Kyle Melnick (Washington Post) for MSN

Ethics

California: “Criminal Prosecutor Tapped to Lead San Diego Ethics Panel, as Voters Hand It More Power” by Jeff McDonald (San Diego Union-Tribune) for MSN

California: “Newsom Fined $13,000 for Failing to Report on Time Payments Made at His Request” by Sandra McDonald (Los Angeles Times) for Yahoo News

Louisiana: “Judge Agrees to Temporarily Halt Louisiana Ethics Administrator Hiring, Attorney Says” by Julie O’Donoghue (Louisiana Illuminator) for Yahoo News

New York: “NYC Mayor Adams’ Girlfriend Tracey Collins Retires from DOE Amid Department of Investigation Inquiry Into ‘No-Show’ Job Claim” by Chris Sommerfeldt and Cayla Bamberger (New York Daily News) for MSN

Legislative Issues

National: “Trump, Allies Signal They Will Try to Call the Shots for Republican-Led Senate” by Mariana Alfaro (Washington Post) for MSN

Lobbying

Florida: “Lobbying Firm Promotes Katie Wiles as Her Mother Becomes Trump’s Chief of Staff” by David Bauerlein (Jacksonville Florida Times-Union) for MSN

Procurement

National: “Minority-Owned Firms Face ‘Crisis’ as Affirmative Action Programs Fall” by Julian Mark (Washington Post) for MSN