November 22, 2021 •
Monday’s LobbyComply News Roundup
Campaign Finance National: “Texts Show Kimberly Guilfoyle Bragged About Raising Millions for Rally That Fueled Capitol Riot” by Joaquin Sapien and Joshua Kaplan for ProPublica Michigan: “Michigan GOP Asks Court to ‘Freeze’ Gov. Whitmer’s Recall Funds” by Craig Mauger for […]
Campaign Finance
National: “Texts Show Kimberly Guilfoyle Bragged About Raising Millions for Rally That Fueled Capitol Riot” by Joaquin Sapien and Joshua Kaplan for ProPublica
Michigan: “Michigan GOP Asks Court to ‘Freeze’ Gov. Whitmer’s Recall Funds” by Craig Mauger for Detroit News
New York: “Exec with Ties to NY Lieutenant Governor Indicted for Campaign Fraud” by Joshua Solomon for Albany Times Union
Elections
National: “U.S. Indicts Two Iranian Hackers Over 2020 Election Disinformation Campaign” by Devlin Barrett (Washington Post) for MSN
Kentucky: “Commission Alleges Grimes Violated Ethics Code, Improperly Assisted Democratic Candidates” by Austin Horn (Lexington Herald-Leader) for MSN
Ethics
Maryland: “Maryland Lawmaker-Doctor Won’t Face Ethics Violation for Tuning into Legislative Meetings from the Operating Room” by Pamela Wood (Baltimore Sun) for MSN
Washington DC: “Bowser’s New Chair of D.C. Public Housing Board Did Not Pay $15,000 in Taxes, Records Show” by Paul Schwartzman (Washington Post) for MSN
Redistricting
Ohio: “Ohio Republicans’ Redistricting Map Dilutes Black Voters’ Power in Congress, Critics Say” by Colby Itkowitz (Washington Post) for MSN
November 19, 2021 •
News You Can Use Digest – November 19, 2021
National/Federal Appeals Court Temporarily Bars Release of Trump White House Records to House Jan. 6 Committee MSN – Spencer Hsu (Washington Post) | Published: 11/11/2021 A federal appeals court blocked the imminent release of records of former President Trump’s White House […]
National/Federal
Appeals Court Temporarily Bars Release of Trump White House Records to House Jan. 6 Committee
MSN – Spencer Hsu (Washington Post) | Published: 11/11/2021
A federal appeals court blocked the imminent release of records of former President Trump’s White House calls and activities related to the January 6 Capitol attack after a lower court found President Biden can waive his predecessor’s claim to executive privilege. The U.S. Court of Appeals for the District of Columbia Circuit granted a temporary injunction while it considers Trump’s request to hold off any release pending appeal, and fast-tracked oral arguments for a hearing November 30.
House Censures Rep. Gosar for Violent Video in Rare Rebuke
Kansas City Star – Kevin Freking and Brian Slodysko (Associated Press) | Published: 11/17/2021
The U.S. House voted to censure Republican Rep. Paul Gosar of Arizona for posting of an animated video that depicted him killing Democratic Rep. Alexandria Ocasio-Cortez with a sword, an extraordinary rebuke that highlighted the political strains testing Washington and the country. Calling the video a clear threat to a lawmaker’s life, Democrats argued Gosar’s conduct would not be tolerated in any other workplace and should not be in Congress. The vote to censure Gosar and strip him of his committee assignments was approved almost entirely along party lines.
How a Cure for Gerrymandering Left U.S. Politics Ailing in New Ways
New York Times – Nick Corasaniti and Reid Epstein | Published: 11/17/2021
Partisan gerrymandering is as old as the republic, but good-government experts thought they had hit on a solution with independent commissions, advisory groups, and outside panels. Taking the map-drawing process out of the hands of lawmakers under pressure to win elections, the thinking went, would make American democracy more fair. But in some states, commissions with poorly designed structures have fallen victim to political divisions, leading the process to be handed to courts. In others, the panels’ authority has been subverted by state lawmakers, who have either forced the commissioners to draft new maps or chosen to make their own.
Left-Wing Midwest Media Outlet Launching with Backing from Dem Donor
MSN – Elena Schneider (Politico) | Published: 11/17/2021
A major Democratic donor is funding a new media outlet aimed at covering state and local races in the Midwest as the latest entrant into the growing partisan-media landscape. It is part of a recent trend of explicitly Democratic-backed digital news projects that have popped up in the last several years, as candidates and movements across the political spectrum try to speak directly to supporters, drive viral attention, and shape the media ecosystem by creating their own content instead of working through legacy outlets.
Liberal ‘Dark-Money’ Behemoth Funneled More than $400M in 2020
MSN – Scott Bland (Politico) | Published: 11/17/2021
A liberal group spent $410 million in 2020, aiding Democratic efforts to unseat then-President Trump and win back control of the U.S. Senate. The Sixteen Thirty Fund financed attack ads and funded massive get-out-the-vote and issue advocacy campaigns amid the coronavirus pandemic. It exploded in size during the Trump administration, going from tens of millions of dollars per year to raising and spending hundreds of millions. Its 2020 fundraising and spending illustrates the extent to which the left embraced the use of “dark money” to fight for its causes in recent years.
‘QAnon Shaman’ Jacob Chansley Is Sentenced to 41 Months in Prison
Politico – Josh Gerstein and Kyle Cheney | Published: 11/17/2021
Jacob Chansley, whose shirtless image on the U.S. Senate rostrum and menacing note to Vice President Mike Pence came to symbolize the January 6 assault on the Capitol, was sentenced to 41 months in prison, matching the harshest sentence handed down yet in the prosecution effort. U.S. District Court Judge Royce Lamberth acknowledged Chansley had not engaged in physical violence but said his role as a leader among those who went into the Senate chamber and disrupted the electoral vote tally compelled a serious prison sentence.
Sen. Braun’s Campaign Accused by FEC of Breaking Campaign Finance Laws
MSN – Kaitlin Lange (Indianapolis Star) | Published: 11/11/2021
U.S. Sen. Mike Braun’s 2018 campaign has been accused of accepting millions of dollars of potentially improper loans in an FEC memorandum and draft audit. Braun’s campaign argues in all the loans and contributions were legal. The FEC auditors were concerned because it appeared Braun accepted bank loans that did not require collateral. The auditors also found two checks worth $1.5 million from Meyer Distributing, a corporation Braun founded, that they say were incorrectly reported as a loan, according to the report.
Steve Bannon Indicted After Refusal to Comply with Jan. 6 Committee Subpoena
MSN – Devlin Barrett, Jacqueline Alemany, and Spencer Hsu (Washington Post) | Published: 11/12/2021
Former White House adviser Stephen Bannon was charged with two counts of contempt of Congress after refusing to comply with a subpoena from the House committee investigating the January 6 attack on the U.S. Capitol. He was indicted by a grand jury in Washington, D.C., a rare move by the Justice Department to escalate the consequences of a dispute involving Congress. Court records indicate only three such cases have been filed since 1990. The charges against Bannon each carry a maximum sentence of one year in jail and may serve as a warning to others seeking to avoid or defy the select committee.
The FEC Relies on Candidates’ ‘Good Faith’ When It Comes to Foreign Donations. But the Agency’s Inspector General Says That’s ‘Insufficient Oversight’ and Poses a ‘National Security Risk.’
Yahoo News – Bryan Metzger (Business Insider) | Published: 11/10/2021
A report by the FEC’s internal watchdog found the agency’s current system of handling potential foreign contributions by largely relying on candidates and political action committees to certify that they haven’t received foreign money “poses a national security risk and provides insufficient oversight of possible illegal foreign donations.” The report also lists the ongoing growth in campaign spending, remote work during the COVID-19 pandemic, issues with senior leadership staffing, and cybersecurity to be among the biggest challenges the FEC faces.
This Was Supposed to Be a Big Year for Hill Pay. Staffers Aren’t Holding Their Breath
MSN – Chris Ciofi (Roll Call) | Published: 11/18/2021
For a while it seemed as if this would be the year that Congress tackled its long-standing staff retention issues, but aides say that hope is waning. The prospect of higher pay soared this summer after House leadership decoupled member and staffer salary caps, and as appropriators proposed a 20 percent increase in the money members can spend on their offices and payroll. But as fall turns to winter, the two parties remain far apart on how to fund the government for fiscal 2022 beyond a series of stopgaps.
UK Govt Vows to Toughen Rules for Lawmakers After Ethics Row
Yahoo News – Jill Lawless (Associated Press) | Published: 11/16/2021
British Prime Minister Boris Johnson proposed a ban on lawmakers acting as “paid consultants” and promised to tighten ethics rules in response to scandals over lobbying and outside jobs that have tarnished politics in the United Kingdom. Johnson said lawmakers should be investigated if they were “neglecting their duties to their constituents and prioritizing outside interests,” and should be banned from acting as “paid political consultants or lobbyists.” He promised to seek cross-party support for changes to the House of Commons’ code of conduct.
Why Facebook Won’t Let You Control Your Own News Feed
Yahoo News – Will Oremus (Washington Post) | Published: 11/13/2021
In at least two experiments, Facebook explored what happens when it turns off its news feed ranking system, the software that decides for each user which posts they see and in what order. Both tests appear to have taught the researchers that users are better off with Facebook’s software calling the shots. In testimony to Congress, whistleblower Frances Haugen pointed to the algorithm as central to the social network’s problems, arguing it amplifies and rewards hateful, divisive, misleading, and sometimes false content by putting it at the top of users’ feeds.
Why GOP Leaders Can’t Keep Paul Gosar in Line
Mother Jones – Russ Choma | Published: 11/17/2021
While there were always party factions or caucuses pursuing their own interests, party leadership in Congress expected members to cooperate. Unnecessary controversy and self-serving provocations were not in the playbook. A key motivator was campaign finance. To secure reelection, members almost always needed help from party leaders who hold the purse strings in the House, those at the helm of the National Republican Congressional Committee and the Democratic Congressional Campaign Committee. The present scandal featuring Rep. Paul Gosar shows how the old methods of financial control no longer work.
Why Governors Keep Snubbing the Senate
Yahoo News – Marianne Levine and Burgess Everett (Politico) | Published: 11/15/2021
Republicans could not convince high-profile GOP governors Chris Sununu of New Hampshire and Phil Scott of Vermont to run for the U.S. Senate and help them win back the majority in 2022. Two more GOP governors, Doug Ducey of Arizona and Larry Hogan of Maryland, have also resisted running in those states’ Senate races next year. It is the latest chapter in congressional leaders’ bipartisan struggle to lobby popular candidates to come to Washington. That is no shock to those who have made the leap from executive to legislator. Coming to Washington these days just does not hold much appeal.
From the States and Municipalities
Alabama – State: Former House speaker tried to influence prison legislation from prison
Alabama Political Reporter – Josh Moon | Published: 11/15/2021
Even from prison, former Alabama House Speaker Mike Hubbard, who is serving time after being convicted of several felonies related to ethical violations, was attempting to use his remaining political power to coerce lawmakers to insert language into a recently passed prison bill that would have allowed him to go free. The filing from the state attorney general’s office, which is an objection to Hubbard’s request for an early release, cites more than 600 personal phone calls the state monitored between Hubbard and various associates, and dozens of emails.
California – Emails Show LA Commissioner Used Influence to Help Win $3 Million COVID-19 Contract, Union Alleges
Los Angeles Daily News – Scott Schwebke (Orange County Register) | Published: 11/14/2021
An embattled Los Angeles fire and police pensions commissioner accused of ethics violations by a law enforcement union over a $3 million contract to test unvaccinated city employees for COVID-19 began lobbying Mayor Eric Garcetti’s office nearly a year ago on behalf of his company, raising questions from critics about potential influence peddling, emails show. The Los Angeles Police Protective League is suing the city and demanding an investigation, alleging it failed to disclose that testing contractor PPS Health is partly owned by Dr. Pedram Salimpour, who was reappointed by Garcetti to the pension commission in 2017.
California – Lobbyists Weren’t Eligible for PPP Money, but California Firms Got Millions
San Diego Daily Tribune – Alexei Koseff (San Francisco Chronicle) | Published: 11/12/2021
Dozens of California lobbying firms received millions of dollars in emergency federal assistance meant for small businesses to ride out the coronavirus pandemic, though some were ineligible for the program. The low-interest Paycheck Protection Program loans were subject to long-standing eligibility requirements that included a prohibition on lending to firms “primarily engaged in political or lobbying activities,” meaning they derived more than half of their revenue from that business.
Colorado – FBI Raids Home of Lauren Boebert’s Ex-Campaign Manager in Colorado Election Tampering Probe
Salon – Igor Derysh | Published: 11/16/2021
The FBI raided the home of Mesa County Clerk Tina Peters and three others in an investigation into a voting system security breach. Peters was accused by state officials in August of helping to leak voting system passwords to a right-wing blog. The FBI also searched the home of Sherronna Bishop, who served as U.S. Rep. Lauren Boebert’s campaign manager. Bishop has been one of Peters’ most prominent allies in stoking unfounded allegations of voting machine problems in the election and hinted at a rally she was privy to unreleased data from Mesa County.
Idaho – Rep. Priscilla Giddings Censured, Removed from Legislative Committee by Idaho House
Idaho Statesman – Hayat Norimine | Published: 11/15/2021
Idaho Rep. Priscilla Giddings will be removed from a legislative committee over her actions when a sexual assault allegation came forward against a former lawmaker. House members vote to censure Giddings after she shared a far-right outlet’s article that identified a 19-year-old legislative intern who accused former Rep. Aaron von Ehlinger of rape. Giddings will be removed from the House Commerce and Human Resources Committee, which oversees laws around state employees.
Illinois – Businessman Pleads Guilty to Bribing Ex-State Sen. Martin Sandoval for Help with IDOT Land Sale
Yahoo News – Jason Meisner (Chicago Tribune) | Published: 11/17/2021
Businessperson Vahooman Mirkhaef pleaded guilty to federal charges alleging he paid at least $15,000 in bribes to then-Illinois Sen. Martin Sandoval to secure the purchase of state-owned property near his company. Mirkhaef admitted he also provided cash and other benefits over a three-year period to another elected official, identified only as “Public Official A,” in return for the official “using his position to attempt to benefit and not interfere with the operation” of Mirkhaef’s business.
Illinois – Director Fired After Improper Law Certificate Given to Donor
Yahoo News – John O’Connor (Associated Press) | Published: 11/17/2021
The director of the Illinois Law Enforcement Training and Standards Board was fired this fall after an investigation found he improperly issued a law enforcement certificate to an unqualified local philanthropist who is also the son of billionaire investor Warren Buffett. The Office of Executive Inspector General for the Agencies of the Governor determined Brent Fischer, executive director of the standards board since 2015, issued the certificate to Howard Buffett, who had served a 14-month appointment as Macon County sheriff and in 2016 donated land and $15 million for a law enforcement training academy.
Illinois – Ethics Board Says Aldermen Who Violate Code of Conduct Should Face Harsher Punishments as Gardiner Retaliation Claims Investigated
Book Club Chicago – Ariel Parrella-Aureli and Alex Nitkin (The Daily Line) | Published: 11/16/2021
The Chicago Board of Ethics is calling for harsher punishments for city council members who violate the council’s code of conduct after Ald. Jim Gardiner allegedly retaliated against constituents who criticized him. The board said it wants the city council to create an ordinance that would make the body’s code of conduct enforceable by law, not just “aspirational” as it is currently. This means officials caught flouting campaign finance rules or abusing their power in another way would be subject to sanctions such as fines, suspension, and termination.
Illinois – Pritzker Signs Law Banning Dark Money, Out-of-State Contributions in Judicial Campaigns
NPR Illinois – Hannah Meisel | Published: 11/15/2021
A new law in Illinois aims to ban out-of-state contributions and “dark money” in judicial campaigns by requiring all candidates to disclose the sources of their contributions. Gov. JB Pritzker signed Senate Bill 536, which makes other changes to the way elections are conducted. Under the bill, no judicial campaign committee is allowed to accept contributions from any out-of-state source or any person or entity that does not disclose the identity of those making the donation, except for contributions that are below the threshold for itemizing. It also raises the threshold for itemizing contributions to $1,000.
Illinois – State’s Top Fiscal Watchdog Cleared After Six-Year Battle Over Campaign Finance Violations Finally Resolved – for Now
NPR Illinois – Hannah Meisel | Published: 11/16/2021
The State Board of Elections voted unanimously to end years-long dispute over campaign finance violations committed by Illinois Auditor General Frank Mautino’s campaign committee before he became the state’s top fiscal watchdog. The board ruled Mautino and his now-defunct campaign committee did not knowingly violate campaign finance law during his two-decade tenure in the Illinois House. “Knowingly” was the key word the Illinois Supreme Court asked the board to concentrate on as it once again considered the what is left in a complaint first filed with the board nearly six years ago.
Iowa – Audit: Governor improperly used COVID funds for salaries
Yahoo News – David Pitt (Washington Post) | Published: 11/15/2021
A state audit on government spending accused Iowa Gov. Kim Reynolds of using nearly $450,000 in federal coronavirus relief funds to pay salaries for 21 staff members for three months last year and concealing the spending by passing it through the state Department of Homeland Security and Emergency Management. Reynolds has said the federal coronavirus relief law allowed salaries to be paid for workers whose job requirements were significantly changed due to the pandemic.
Maryland – Baltimore County Executive Proposes Public Campaign Finance Legislation
MSN – Taylor DeVille (Baltimore Sun) | Published: 11/15/2021
Baltimore County Executive Johnny Olszewski Jr. announced a bill creating public financing that candidates for the county council and county executive could start using in 2026. The legislation would require candidates for council and county executive to meet different qualifying thresholds for eligibility. For qualifying candidates, the county would match every dollar on a sliding scale. The legislation would also establish a Fair Election Fund Commission.
Massachusetts – After 600 Days, the Massachusetts State House Remains Closed to the Public. It Appears to Be the Only State Capitol Still Shut on This Continent
Boston Globe – Matt Stoudt | Published: 11/14/2021
Steeped in history, the Massachusetts statehouse stands alone for many reasons among the country’s state Capitols: Its iconic dome was constructed with copper from Paul Revere’s foundry and Samuel Adams laid its cornerstone. The seat of the state’s executive and legislative branches now has another: The statehouse appears to be the only state Capitol on the continent where the public remains barred from entering. The pandemic-induced closure has now stretched past 600 days, and legislative leaders in charge of the building say they are juggling how to safely reopen a building that typically receives some 100,000 visitors each year.
Michigan – Retired Detroit Police Officer Involved in Vehicle Auctions Pleads Guilty to Taking Bribes
Yahoo News – Joe Guillen (Detroit Free Press) | Published: 11/17/2021
Alonzo Jones, a retired Detroit police officer who ran the department’s vehicle auctions for more than 10 years, pleaded guilty in federal court to accepting $3,200 in bribes. The bribe payments came from a confidential FBI source involving in the towing industry and an undercover agent. In exchange for the money, Jones falsified paperwork that transferred ownership of abandoned vehicles without a public auction as required by law to the confidential source and the undercover agent.
Minnesota – Senate GOP Gets OK to Create Private Club for Legislators, Lobbyists During Session
Minnesota Reformer – Ricardo Lopez | Published: 11/12/2021
State Senate Republicans received approval from the Minnesota Campaign Finance Board to create a private meeting space for legislators and lobbyists and other dues-paying members, raising concerns about transparency and undue influence and access. The Senate Victory Fund, the Senate GOP’s campaign committee, sought the opinion on its proposal to lease meeting space accessible to lawmakers and members who pay a fee.
Missouri – Parson PAC Hit with Second Fine from Missouri Ethics Regulators
St. Louis Post-Dispatch – Kurt Erickson | Published: 11/17/2021
The campaign fund that raises money to push Missouri Gov. Mike Parson’s agenda illegally accepted a significant contribution from an out-of-state group last year. The Missouri Ethics Commission (MEC) said the Uniting Missouri PAC received a $150,000 contribution in October 2020 from a PAC associated with the Republican Attorney Generals Association. The contribution was deemed illegal because the attorney general association’s PAC was not registered with the MEC.
New York – AG Releases Interview Transcripts in Cuomo Harassment Probe
ABC News – Michael Hill, Jennifer Peltz, and Michael Sisak (Associated Press) | Published: 11/11/2021
Over an 11-hour interview with investigators last July, then-New York Gov. Andrew Cuomo defiantly denied allegations he sexually harassed women and sparred with the lawyers questioning him, accusing one of being out to get him, according to a transcript. State Attorney General Letitia James made public hundreds of pages of transcripts of interviews conducted by two independent lawyers, hired by her office, during their monthslong probe of sexual harassment allegations against Cuomo.
New York – Cuomo’s Book Approval Rescinded by Ethics Panel, Jeopardizing Millions
Albany Times Union – Chris Bragg | Published: 11/16/2021
The New York Joint Commission on Public Ethics (JCOPE) voted to rescind approval of former Gov. Andrew Cuomo’s book deal, paving the way for commissioners to potentially claw back millions of dollars in proceeds paid to the ex-governor. In July 2020, JCOPE Deputy Counsel Martin Levine approved Cuomo’s request to write the book about his early handling of the pandemic. But it has since emerged that Cuomo used government staff to help edit and produce the book, something his government attorney at the time, Judith Mogul, had explicitly stated would not occur as she sought the staff’s approval that summer.
New York – How Small-Dollar Public Financing Helped NYC Elect Its Most Diverse City Council Ever
The City – Ese Olumhense | Published: 11/16/2021
Ninety-seven percent of the record-breaking 39 women and Black, Latino, and Asian New Yorkers elected to the city council in November raised money through the public financing program, which enables participating candidates to have their small-dollar donations matched eight-to-one with public money, according to a new analysis by the Brennan Center. The “robust” public matching funds program is partially responsible for the dramatic shift in representation in the incoming council, the report’s authors said. The new council will be the most racially diverse it has ever been, and women are expected to increase their representation to at least 59 percent.
New York – State Ethics Panel Issues Fines to Lobbyists in Secret
Albany Times Union – Chris Bragg | Published: 11/15/2021
The secrecy surrounding the New York Joint Commission on Public Ethics (JCOPE) issuing fines to lobbyists for late reports makes it difficult to know whether the agency is enforcing the rules evenhandedly, a relevant question for an entity often accused of favoring the administration of former Gov. Andrew Cuomo. JCOPE has assessed $250,000 in fees this year from lobbyists who have missed deadlines to disclose activities before state government. But officials will say little else about the program, including which lobbyists have faced penalties, why they have been fined, or why their staff chooses to forgive certain fines.
Ohio – Who Knew About Bribes Paid During FirstEnergy Solutions’ Bankruptcy and House Bill 6 Bailout Campaign?
Energy and Policy Institute – Dave Anderson | Published: 11/16/2021
FirstEnergy Solutions’ (FES) management, board, and some top consultants for the utility and its creditors knew about plans to spend over $40 million on political contributions during the company’s Chapter 11 bankruptcy. Federal prosecutors said the money was part of a nearly $60 million bribery scheme at the Ohio Capitol. U.S. Bankruptcy Judge Alan Koschik recently granted final approval for the $68 million in fees and expenses that FES accumulated with Akin Gump Strauss Hauer & Feld. Akin Gump served as co-counsel to FES during the company’s restructuring and lobbied for bailout proposals on behalf of the utility.
Pennsylvania – John Dougherty and Bobby Henon Convicted of Conspiracy in Federal Corruption Trial
WHYY – Meir Rinde | Published: 11/15/2021
A powerful Philadelphia labor leader and a city council member were found guilty of conspiracy charges in a corruption trial. Prosecutors said John Dougherty kept Bobby Henon, a union electrician-turned-Philadelphia City Council member, on the payroll to help his union keep a tight grip on construction jobs. Dougherty still faces at least one more federal trial based on charges in the sweeping 2019 indictment. U.S. Attorney Jennifer Williams called the verdict “a strong message to the political power players of this city … that the citizens of Philadelphia will not tolerate public corruption as business as usual.”
Pennsylvania – New Limits Would Curtail Lobbyist Perks for Pa. Lawmakers, but One Leader Could Stand in the Way
Pittsburgh Post-Gazette – Angela Couloumbis (Spotlight PA) | Published: 11/11/2021
Pennsylvania lawmakers and other elected officials have been able to pocket almost anything sent their way by lobbyists, special interests, and others with a stake in government. Yet bills to end a system criticized as the “Wild West” for influence peddling have died with little or no debate. A coalition of Republican leaders has publicly backed placing limits on gifts to elected officials and public employees, though one key leader has so far refused to endorse the change, a potentially fatal roadblock.
South Dakota – South Dakota Legislature Moves for Subpoenas on Noem Meeting
MSN – Stephen Groves (Associated Press) | Published: 11/15/2021
South Dakota lawmakers moved to subpoena a document and a former state employee at the center of questions about whether Gov. Kristi Noem used her influence to aid her daughter’s application for a real estate appraiser license. The Legislature’s Government Operations and Audit Committee is pressing for details about a meeting the governor called last year that included her daughter, Kassidy Peters, and key decision-makers in a government agency that had moved days earlier to deny Peters’ application for an upgrade to her appraiser certification.
Tennessee – Tennessee GOP Primary Fee Creates Ethical Dilemma for Judge Candidates
Yahoo News – Andy Sher (Chattanooga Times Free Press) | Published: 11/18/2021
The Tennessee Republican Party’s approval of a plan to require that candidates for federal, state, and county elected offices pay a fee to run in a GOP primary is generating a case of ethical, as well as political, heartburn for state judges and judicial candidates. The legal angst stems from a recent opinion from the state’s judicial ethics committee about the issue. The panel stated in an advisory opinion that Tennessee’s Rules of the Code of Judicial Conduct bar the practice of paying the fee.
Washington DC – Trayon White Files Paperwork for D.C. Mayoral Bid Amid Campaign Finance Inquiry
MSN – Micahel Brice-Saddler (Washington Post) | Published: 11/12/2021
District of Columbia Council member Trayon White Sr. officially filed paperwork for his 2022 mayoral campaign about one month after he first announced via Instagram he was running. The delay is now the subject of an “internal inquiry” by the Office of Campaign Finance to determine whether White may have improperly engaged in campaign activities without having filed paperwork. City law states individuals must register as a candidate within five days of accepting a contribution or making any campaign-related expenditures.
November 18, 2021 •
Thursday’s LobbyComply News Roundup
Campaign Finance National: “Liberal ‘Dark-Money’ Behemoth Funneled More than $400M in 2020” by Scott Bland (Politico) for MSN Illinois: “State’s Top Fiscal Watchdog Cleared After Six-Year Battle Over Campaign Finance Violations Finally Resolved – for Now” by Hannah Meisel for […]
Campaign Finance
National: “Liberal ‘Dark-Money’ Behemoth Funneled More than $400M in 2020” by Scott Bland (Politico) for MSN
Illinois: “State’s Top Fiscal Watchdog Cleared After Six-Year Battle Over Campaign Finance Violations Finally Resolved – for Now” by Hannah Meisel for NPR Illinois
New York: “How Small-Dollar Public Financing Helped NYC Elect Its Most Diverse City Council Ever” by Ese Olumhense for The City
Elections
Colorado: “FBI Raids Home of Lauren Boebert’s Ex-Campaign Manager in Colorado Election Tampering Probe” by Igor Derysh for Salon
Ethics
California: “Former S.F. Building Inspector, Building Commissioner Indicted” by Lauren Hernández (San Francisco Chronicle) for MSN
Illinois: “Ethics Board Says Aldermen Who Violate Code of Conduct Should Face Harsher Punishments as Gardiner Retaliation Claims Investigated” by Ariel Parrella-Aureli and Alex Nitkin (The Daily Line) for Book Club Chicago
Legislative Issues
National: “House Censures Rep. Gosar for Violent Video in Rare Rebuke” by Kevin Freking and Brian Slodysko (Associated Press) for Kansas City Star
Redistricting
National: “How a Cure for Gerrymandering Left U.S. Politics Ailing in New Ways” by Nick Corasaniti and Reid Epstein for New York Times
November 12, 2021 •
News You Can Use Digest – November 12, 2021
National/Federal Big Bird Got ‘Vaccinated’ Against COVID-19, Drawing Outrage from Republicans National Public Radio – Rachel Treisman | Published: 11/8/2021 Big Bird ruffled some feathers when he tweeted that he was vaccinated against COVID-19, which is now available for children between […]
National/Federal
Big Bird Got ‘Vaccinated’ Against COVID-19, Drawing Outrage from Republicans
National Public Radio – Rachel Treisman | Published: 11/8/2021
Big Bird ruffled some feathers when he tweeted that he was vaccinated against COVID-19, which is now available for children between the ages of five and 11. The Muppet has been a fixture of children’s television since 1969 but is officially six years old. U.S. Sen. Ted Cruz decried the character’s tweet as “government propaganda.” Others denounced Big Bird as a puppet (literally) and communist. Many noted the irony of the criticism, given Big Bird is both a fictional character and one known for spreading messages of kindness and curiosity.
Clash With Corruption Watchdog Has Boris Johnson Retreating, Again
New York Times – Stephen Castle | Published: 11/4/2021
United Kingdom Prime Minister Boris Johnson intervened to stop the suspension from Parliament of Owen Paterson, a fellow Conservative Party lawmaker found to have broken rules on lobbying. The government also pushed through contentious plans to change the system that investigated Paterson, who resigned following a backlash from politicians, news organizations, and others. Some neutral observers think that Mr. Johnson walked into a minefield of his own making.
Donors Threatened to Shun the GOP After Jan. 6. Now, Republicans Are Outraising Democrats.
MSN – Josh Dawsey, Isaac Stanley-Becker, and Michael Scherer (Washington Post) | Published: 11/9/2021
One day after rioters ransacked the Capitol in a bid to overturn the 2020 election, Republican lobbyist Geoff Verhoff sent an email to top GOP officials. Verhoff, a bundler who works at the lobbying firm Akin Gump, wrote he was resigning as co-chair of the Republican National Committee’s finance committee because he could no longer associate himself with Donald Trump and his movement. But when Trump spoke to some of the party’s top donors recently, Verhoff was one of the attendees. He has also recently given sizable sums to Republican candidates, including members who voted to overturn the results of the election.
FEC Eases Federal Contractors-Turned-Political Donors’ Path
Bloomberg Government – Kenneth Doyle | Published: 11/5/2021
The first $100,000 contribution to a pro-Donald Trump super PAC by an affiliate of the corrections company GEO Group came in 2016, a day after the Obama administration announced it would end federal use of private prisons. GEO’s stock price dropped but shot back up when Trump reversed the policy. Since then, affiliates of GEO have contributed over $2 million to Republican super PASCs. GEO’s contributions violated a decades-old ban on campaign money from government contractors, the Campaign Legal Center complained. But in a move that could have a wide impact on other contractors, the FEC dismissed the complaint.
GOP Lobbyists Say Corporate America Is Coming Back into the Tent
Yahoo News – Hailey Fuchs (Politico) | Published: 11/8/2021
Republican lawmakers appear more likely to take back Congress in 2022 and corporate America is taking notice. A host of Republican lobbyists say the elections in Virginia and New Jersey have ignited interest from their corporate clients on making inroads with GOP officials on Capitol Hill. They also suspect cash will soon start flowing from corporate PACs to their party’s lawmakers. Corporate America’s potential embrace of the congressional GOP is notable for what preceded it.
GOP-Appointed Judges Freeze Biden Vaccine Requirement After Federal Lawsuit
MSN – Eli Rosenberg (Washington Post) | Published: 11/6/2021
A federal appeals court suspended the Biden administration’s new vaccine requirement for private companies, delivering a major blow for one of the White House’s key attempts to increase the number of vaccinations to corral the pandemic. The decision was issued by a panel of three judges appointed by Republican presidents in the U.S. Court of Appeals for the Fifth Circuit. The judges wrote there was “cause to believe there are grave statutory and constitutional issues with the mandate,” staying the order while the court assesses it.
House Jan. 6 Committee Issues Subpoenas to 6 Top Trump Advisers, Including Pair Involved in Willard Hotel ‘Command Center’
MSN – Jacqueline Alemany, Tom Hamburger, and Josh Dawsey (Washington Post) | Published: 11/8/2021
The U.S. House select committee investigating the January 6 insurrection issued subpoenas to six top advisers to former President Trump, including two who were active in the Willard Hotel “command center” where Trump’s loyal backers oversaw efforts in January to overturn the 2020 election. Those actions included blocking or delaying the counting of electoral votes from battleground states where results were in dispute. Those states became the focus of the effort inside the hotel command center to find evidence of fraud that might compel state legislators to challenge Biden’s victory.
Igor Danchenko Arrested, Charged with Lying to FBI About Information in Steele Dossier
MSN – Devlin Barrett and Tom Jackman (Washington Post) | Published: 11/4/2021
An analyst who was a primary source for a 2016 dossier of allegations against Donald Trump has been arrested on charges he repeatedly lied to the FBI about where and how he got his information. Igor Danchenko’s role in providing information to British ex-spy Christopher Steele, who compiled the accusations about Trump in a series of reports, has been a subject of scrutiny from internal Department of Justice investigators and special counsel John Durham. A 2019 report by the Justice Department inspector general found major problems with the accuracy of Danchenko’s information.
Pelosi Calls for Investigations of Gosar’s Video That Depicts Him Killing Ocasio-Cortez
MSN – Felicia Sonmez and John Wagner (Washington Post) | Published: 11/9/2021
House Speaker Nancy Pelosi called for multiple investigations into the posting of an animated video by U.S. Rep. Paul Gosar that depicts him killing U.S. Rep. Alexandria Ocasio-Cortez and swinging two swords at President Biden. Gosar has long drawn criticism for his extremist views, including his spreading of conspiracy theories about the January 6 attack on the U.S. Capitol by a pro-Trump mob and the deadly white-nationalist rally in Charlottesville in 2017. In February, he appeared at an event whose organizer called for white supremacy.
Pharmaceutical Industry Likely to Shatter Its Lobbying Record as It Works to Shape Democrats’ Spending Bill
MSN – Yeganeh Torbati and Jonathan O’Connell (Washington Post) | Published: 11/5/2021
Ads targeting lawmakers who supported allowing Medicare to negotiate prescription drug prices were one strand of a massive, months-long advertising, lobbying and political donation campaign undertaken by the pharmaceutical industry and its allies, perhaps the strongest of all corporate voices on Capitol Hill, to defeat a Democratic proposal to lower the cost of prescription drugs. The measure was in, then out, then watered down, going through a fierce ping-pong of backroom negotiations that is likely to continue once the Senate considers the bill in coming weeks.
Probe Finds Trump Officials Repeatedly Violated Hatch Act
MSN – Jill Colvin (Associated Press) | Published: 11/10/2021
At least 13 former Trump administration officials, including Jared Kushner and Mike Pompeo, violated the law by intermingling campaigning with their official government duties, according to a federal investigation. The report from the Office of Special Counsel says the officials broke the law without consequence and with the administration’s approval as part of a “willful disregard for the Hatch Act,” which prohibits government officials from using their official roles to influence elections, including supporting candidates while acting in their official capacities.
They Raised Millions for Trump. Spent Barely Any of It on Him. Now They’re Indicted.
Yahoo News – Caitlin Oprisko (Politico) | Published: 11/10/2021
Federal prosecutors charged Matt Tunstall and Robert Reyes with conspiracy to commit wire fraud and to lie to the FEC. Prosecutors allege that of the roughly $3.5 million raised by the PACs they ran during the 2016 election, “only approximately $19 were distributed to any candidate’s authorized campaign committee or to any political cause, while a total of more than $1.5 million was used to benefit” the PAC operators. “Scam PACs” have proliferated over the last decade. The FBI has urged would-be donors to be on the lookout for such schemes.
Trump Loses Bid to Keep Jan. 6 Records from House Committee Investigating Riot
NBC News – Pete Williams | Published: 11/9/2021
A federal judge sided with the congressional committee investigating the January 6 insurrection by refusing to block the release of scores of White House documents from the Trump administration. The ruling from U.S. District Court Judge Tanya Chutkan means the first batch of disputed documents is set to be turned over to the House select committee. Lawyers for Donald Trump filed an appeal. President Biden has said executive privilege should not be invoked to block the select committee’s document requests.
USC Gave Rep. Karen Bass a Full Scholarship Worth $95,000 While She Served in Congress
MSN – Dakota Smith and Matt Hamilton (Los Angeles Times) | Published: 11/10/2021
U.S. Rep. Karen Bass received approval from the House ethics committee to accept a scholarship worth $95,000 from the University of Southern California (USC) School of Social Work. Bass said the program increased her understanding of child welfare policy. Now, USC’s efforts to connect with local politicians have become the subject of scrutiny. Bass was offered the scholarship by Marilyn Flynn, then the dean of USC’s social work school. Flynn was indicted for allegedly giving the son of then-Los Angeles County Supervisor Mark Ridley-Thomas a scholarship and job in return for USC being awarded government contracts.
Voting Technology Firm Smartmatic Sues Newsmax and One America News, Alleging Defamation
MSN – Annabelle Timsit (Washington Post) | Published: 11/4/2021
The voting technology firm Smartmatic filed lawsuits against Newsmax and the parent company of One America News, alleging the right-wing outlets knowingly spread disinformation during the 2020 U.S. presidential election and defamed the company by telling viewers, without evidence, that its technology was used to steal votes from then-President Trump. The lawsuits are the latest chapter in a legal battle that has pitted firms that sell electronic voting machines and software in the U.S. against Trump-friendly news outlets.
From the States and Municipalities
Arizona – Arizona Board with Close Ties to Landlord Group Oversees Constables Who Serve Eviction Writs
Yahoo News – Jessica Boehm, Catherine Reagor, and Ralph Chapoco (Arizona Republic) | Published: 11/8/2021
When renters are evicted, constables deliver the court orders – sought by landlords – that demand the tenants move out. But the board that trains and disciplines Arizona’s elected constables has close ties to the most powerful landlord group in the state. The relationship drew new scrutiny during the COVID-19 pandemic, when constables played an even more important role in the eviction process, sometimes deciding whether tenants qualified for eviction moratoriums.
California – SoCal Public Officials Targeted in Broadening Federal Investigation into Pot Licensing
MSN – Ruben Vives and Robert Lopez (Los Angeles Times) | Published: 11/7/2021
A federal grand jury issued subpoenas seeking information about cash and other payments to public officials and cannabis consultants as part of a criminal investigation into pot licensing in Baldwin Park and nearby cities in California. Federal authorities, including agents from the FBI and IRS, have been interviewing witnesses and are seeking a wide range of records regarding Baldwin Park city officials who approved cannabis licenses and consultants who helped businesses obtain the permits.
Colorado – Denver’s Top Parking Enforcer ‘Fixed’ 21 of His Own Tickets
KESQ – Brian Maas | Published: 11/5/2021
Denver’s Director of Right of Way Enforcement, Jonathan Featherston, received 21 parking citations on his personal car in 2020 and 2021. He ordered every one of the citations canceled, with Featherston now explaining he received the tickets while he was engaging in a secret “mystery shop” campaign to test how well parking agents were doing in handing out parking tickets. The curious practice came to light when a whistleblower noticed what Featherston was doing and filed a complaint with the city Board of Ethics, suggesting Featherston was engaged in “questionable ethical conduct,” using his public position for private gain.
Colorado – State Files Lawsuit Over Peters Campaign Fundraising
Grand Junction Daily Sentinel – Charles Ashby | Published: 11/8/2021
The Colorado attorney general’s office filed a lawsuit against Mesa County Clerk Tina Peters over her fundraising efforts and failure to report contributions and expenses for nearly three years. The lawsuit says Peters clearly is running for re-election next year, and is soliciting donations, but has not filed a campaign finance report since terminating her previous account in January 2019, a few months after she was first elected to office.
Florida – J.T. Burnette Gets 3 Years in Federal Prison, $1.25M Fine in City Hall Public Corruption Case
Yahoo News – Jeff Burlew (Tallahassee Democrat) | Published: 11/9/2021
Businessperson J.T. Burnette was sentenced to three years in federal prison and a $1.25 million fine for his role in a corruption scheme. Burnette, a wealthy entrepreneur, was convicted for his role in a long-running City Hall bribery ring involving former city Commissioner Scott Maddox and his accomplice and girlfriend Paige Carter-Smith. Peter Nothstein, deputy director of the Department of Justice’s Public Integrity Section, noted Burnette never admitted “what he did was wrong.” He said for Burnette, bribery was just the cost of doing business.
Florida – Opa-locka Mayor Abruptly Resigns During Commission Meeting, Citing ‘Corruption’
MSN – Aaron Leibowitz (Miami Herald) | Published: 11/10/2021
Opa-locka Mayor Matthew Pigatt abruptly announced his resignation during a city commission meeting, marking the latest twist of fate for a city trying to overcome years of corruption and political chaos. Following a public comment period, he rose from his seat at the dais to deliver a prepared statement. Pigatt’s resignation was not on the agenda. Pigatt won a commission seat in 2016, pledging reform and transparency amid an FBI corruption probe at City Hall and state oversight of the city’s finances. He became mayor in 2018 on a similar platform.
Florida – Professors Sue University of Florida, Claiming Free Speech Restraints
MSN – Lori Rozsa and Susan Svrluga (Washington Post) | Published: 11/6/2021
Three professors filed a lawsuit against the University of Florida, claiming school officials violated their right to free speech by trying to prevent them from offering testimony in a voting rights case. The case further inflames a heated debate over academic freedom, one that has brought national attention and criticism to the state’s flagship university. It was filed on the same day school officials reversed course and said the three political science professors should not be barred from testifying in a voting rights lawsuit against the administration of Gov. Ron DeSantis.
Indiana – Ex-Indiana House Speaker Bosma Registers as Paid Lobbyist
Yahoo News – Associated Press | Published: 11/8/2021
Former Indiana House Speaker Brian Bosma registered as a paid statehouse lobbyist a little more than a year after he left elected office. Bosma is working with 1816 Public Affairs Group, a lobbying firm headed by Michael O’Brien, who was Gov. Eric Holcomb’s 2016 campaign manager. Bosma said he joined the firm last year as a consultant and carefully followed the state’s one-year ban before a former lawmaker can legally deal directly with old colleagues on legislative business.
Maine – Foreign Company’s Subsidiary Poured Millions into Influencing Maine Ballot Referendum
Center for Responsive Politics – Anna Massoglia | Published: 11/9/2021
A Maine ballot referendum to halt the construction of a $1 billion cross-border corridor of electric transmission lines from Canada attracted more than $89 million in funds through ballot campaigns. Top donors pouring $63 million into opposing the referendum included HQ Energy Services, the U.S. affiliate of Hydro Quebec. The Canadian company’s role sparked debate about whether companies with foreign government ownership should be allowed to spend on ballot referendums. The FEC ruled foreign donors can finance U.S. ballot measure committees under federal campaign finance law.
Michigan – Detroit Police Chief Looks to Computer Software to Root Out Towing Corruption
Yahoo News – Christine MacDonald (Detroit Free Press) | Published: 11/10/2021
The Detroit Police Department announced new measures aimed at clamping down on corruption in vehicle towing, an area at the center of an ongoing federal public corruption investigation. Police Chief James White said the department wants to buy computer software that will divvy up jobs to tow companies, taking the “human element” out of the process and reducing the chances someone could steer work to a favored outlet. He said the department also will launch an investigative unit staffed by civilians to ensure towing rules are followed.
Missouri – Firefighters Union Chief Collects City Salary While Working Other Full-Time Job in DC
MSN – Mike Hendricks (Kansas City Star) | Published: 11/10/2021
Kansas City Manager Brian Platt signed a previously undisclosed agreement last summer allowing the fire captain who then headed the local firefighters’ union to remain on the city payroll and collect his $86,000 a year salary while working full time in Washington, D.C. The unprecedented arrangement also exempts Tim Dupin from the city’s residency rules while earning more than $150,000 annually from his new job as the International Association of Fire Fighters’ director of political action at the union’s Washington headquarters.
Missouri – PACs Tied to Missouri Lobbyist Scramble to Account for Funds
Yahoo News – Jason Hancock (Missouri Independent) | Published: 11/10/2021
A pair of PACs connected to a Missouri lobbyist under FBI scrutiny have begun taking steps to account for nearly $170,000 in cash that went unreported on disclosures to the state Ethics Commission. The discrepancies with PACs connected to Steve Tilley, a former state lawmaker and longtime adviser to Gov. Mike Parson, were first documented by The St. Louis Post-Dispatch. It found the PACs reported cash balances in early 2021 that were significantly lower than the total reported at the end of 2020 without any corresponding spending to explain the decrease.
New Jersey – Surprise NJ Senate Winner Says Sorry Amid Scrutiny of Posts
Yahoo News – Associated Press | Published: 11/5/2021
A truck driver who ousted the powerful New Jersey Senate president in the election previously posted online calling Islam “a false religion,” comparing vaccine mandates to the Holocaust, and defending rioters at the U.S. Capitol. Republican Edward Durr apologized after media outlets highlighted the posts. His victory over Steve Sweeney, widely regarded as the second-most powerful Democrat in state government, in the November 2 shocked the state’s political establishment. Durr spent a paltry sum on his campaign.
New Jersey – ‘This Sentence Will Go on Forever’: Morristown lawyer gets probation in corruption case
Morristown Green – Kevin Coughlin | Published: 11/6/2021
A lawyer who pled guilty to records tampering to secure municipal contracts avoided prison, receiving three years’ probation and community service. Elizabeth Valandingham was charged in connection with a state political corruption investigation that centered on her boss, attorney Matt O’Donnell. He pled guilty to corporate misconduct and conspiracy to tamper with records. Between 2013 and 2017, authorities charged, Valandingham helped secure at least $600,000 in legal work for O’Donnell’s now-shuttered firm by falsely representing to Mt. Arlington and Bloomfield officials, and to the state Election Law Enforcement Commission, that the firm had made no political contributions in those towns.
New York – De Blasio Defends Leaving $300K Legal Bill Unpaid
Politico – Erin Durkin | Published: 11/10/2021
New York City Mayor Bill de Blasio does not plan to dip into his own pocket to pay any of the $300,000 in outstanding legal bills he owes from a corruption investigation, saying he will rely on donors to pay the tab. De Blasio has owed the money to the law firm Kramer, Levin, Naftalis and Frankel since 2017, after lawyers there represented him in a probe into whether the mayor and his aides did special favors for campaign donors. The outstanding debt has raised conflict-of-interest concerns since the firm represents many clients with business before the city.
New York – Millions in Secret Ballot Spending Raises Legal Question
Albany Times Union – Chris Bragg | Published: 11/4/2021
The public had no know way to immediately know who had funded the multi-million-dollar campaign by the state Conservative Party against three proposed constitutional amendments in New York, including attack ads. The origin of the funding may not be known until January because the ads were paid for by a political spending vehicle that critics have long derided as a major loophole in the law. Both the Conservative Party and Senate Democrats maintain the practice was legal, though the language of state law is not clear on the subject.
Ohio – Ohio Medicaid: It’s not a conflict if you only own stock in the parent company
Ohio Capital Journal – Marty Schladen | Published: 11/9/2021
Ohio Medicaid Director Maureen Corcoran did not have a conflict-of-interest when she signed multi-billion-dollar contracts earlier this year, her department’s attorneys are arguing. That is because she only owns stock in parent corporations, not their Ohio subsidiaries to whom she awarded contracts. The department made the argument in a court case in which a disappointed bidder is trying to overturn a process that resulted in the award of $22 billion worth of managed-care business to six corporations.
Ohio – Ohio Utility Regulator Lobbied for Legislation to Save FirstEnergy Millions, Texts Show
Ohio Capital Journal – Jake Zuckerman | Published: 11/9/2021
Ohio’s top utility regulator quietly lobbied lawmakers to include a provision in the state budget that saved tens of millions for FirstEnergy Corp., text messages from company executives show. FirstEnergy admitted in court it paid Sam Randazzo more than $4.3 million in the weeks before Gov. Mike DeWine appointed him in February 2019 as chairperson of the Public Utilities Commission of Ohio, which regulates power companies. The texts suggest Randazzo helped convince lawmakers to slip into the 2019 budget a few sentences worth millions of dollars to FirstEnergy.
Pennsylvania – Pa. Lobbyists Disclose Some Financial Interests for First Time But Details Are ‘Very Nebulous’
Lancaster Online – Sam Janesch (The Caucus) | Published: 11/10/2021
Lobbyists and principals in Pennsylvania are now required to disclose their financial interests in companies for which they advocate. The disclosures are billed as a step toward transparency. But their format is haphazard and, arguably, useless, according to an analysis and interviews with advocates and others who have reviewed the filings. Amid a narrow reporting period and few guidelines, lobbyists interpreted the new requirement in a variety of ways. There are more than 1,230 registered lobbyists and firms in the state. More than 130 of them disclosed equity in their clients.
Texas – Dallas Real Estate Developer Ruel Hamilton Sentenced To 8 Years in Prison For Bribing 2 Former City Council Members
MSN – Staff | Published: 11/9/2021
A real estate developer was sentenced to eight years in federal prison for bribing two former Dallas City Council members. Ruel Hamilton was also ordered to pay a $150,000 fine. From 2013 to 2015, Hamilton shelled out tens of thousands of dollars in bribes to Carolyn Davis, who was then serving as chairperson of the council’s Housing Committee. In return, Davis, who pleaded guilty to her role in the scheme prior to her death in 2019, supported Hamilton’s housing project. To disguise the bribe payments, Hamilton funneled payments to Davis through a not-for-profit intermediary.
Virginia – Va. Senate Democrats Ask State Supreme Court to Disqualify Republicans’ Nominated Map Drawers
MSN – Meagan Flynn and Teo Armus (Washington Post) | Published: 11/8/2021
The Virginia Senate Democratic Caucus asked the state Supreme Court to disqualify all three nominees tapped by Republican leadership to help it draw the state’s new congressional and legislative maps, calling them “political operatives” with conflicts-of-interest. The state Supreme Court is redrawing the maps after the bipartisan Virginia Redistricting Commission, approved by voters in a constitutional amendment last year, did not reach agreement on new congressional and General Assembly districts.
Virginia – White Supremacists Find a New Platform to Spread Hate: A federal courtroom in Charlottesville
MSN – Ellie Silverman (Washington Post) | Published: 11/10/2021
White supremacists are weaponizing the federal civil trial about the deadly 2017 Unite the Right rally in Charlottesville into a spiteful stage. Some of the defendants have been ousted from social media such as Facebook but in this courtroom, they have found a new platform to amplify their racist views, put on performances they boast about on podcasts, radio shows, and in live during-the-trial chats, and to attack their opponents. The defendants are some of the most notorious white supremacists and hate groups in the country, and the plaintiffs allege they engaged in a conspiracy to commit racially motivated violence.
Washington – PDC: ‘Washougal Moms’ must register as political action committee
The Columbian – Doug Flanagan (Camas-Washougal Post-Record) | Published: 11/5/2021
The Public Disclosure Commission (PDC) has called out the Washougal Moms group for failing to register as a PAC. In a formal warning, the PDC said the organization had also failed to identify its financial sponsors and had not reported required financial contributions and expenditures. Formed in May to defend three mothers accused of disrupting a Washougal School Board meeting, the group has since hosted a “tribunal” to elect a shadow school board, posted opposition to at least one school board incumbent running for reelection, and called for current school board officials to be removed and arrested.
Washington DC – A D.C. Elected Official, Who Holds Office While Incarcerated, Was Almost Moved to Pennsylvania Prison
MSN – Julie Zauzmer Weil (Washington Post) | Published: 11/9/2021
Political leaders in the District of Columbia successfully scrambled to prevent an elected official who holds his position while incarcerated in the city jail from being transferred to a federal prison more than 100 miles outside Washington. Joel Castón’s narrowly averted transfer to a federal prison in Pennsylvania underscores the situation of hundreds of city inmates who are being transferred far from their families and communities. By staying in the city, Castón says, he will be able to keep fulfilling the duties of his office: representing those inmates who will be transferred, his constituents.
Washington DC – As Bowser Launches Reelection Bid, Her High-Profile Appointee Is Under Fire
MSN – Paul Schwartzman (Washington Post) | Published: 11/6/2021
Neil Albert abruptly resigned recently as chairperson of the District of Columbia Housing Authority Board of Commissioners. His exit followed a published report that he failed to reveal he was in a relationship with Paola Moya before approving her architectural firm for lucrative authority contracts. Federal prosecutors served the authority with a criminal subpoena, seeking documents related to Albert, Moya, and her firm. In addition, members of the city council asked the inspector general to conduct a broad investigation into what they called “a pattern of misconduct” at the agency.
Washington DC – Judge Lets Claim Against Trump’s Inaugural Committee and Private Business Move Forward
Yahoo News – Myah Ward (Politico) | Published: 11/8/2021
The lawsuit against former President Trump’s 2017 inaugural committee and his private business could potentially go to trial after a judge allowed some of the local attorney general’s claims to move forward. The lawsuit filed by District of Columbia Attorney General Karl Racine alleges the Trump International Hotel in Washington illegally received more than $1 million by charging the Presidential Inaugural Committee inflated prices to use ballrooms and other event spaces, violating the city’s laws governing nonprofit organizations.
November 10, 2021 •
Wednesday’s LobbyComply News Roundup
Campaign Finance Maine: “Foreign Company’s Subsidiary Poured Millions into Influencing Maine Ballot Referendum” by Anna Massoglia for Center for Responsive Politics Elections National: “House Jan. 6 Committee Issues Subpoenas to 6 Top Trump Advisers, Including Pair Involved in Willard Hotel […]
Campaign Finance
Maine: “Foreign Company’s Subsidiary Poured Millions into Influencing Maine Ballot Referendum” by Anna Massoglia for Center for Responsive Politics
Elections
National: “House Jan. 6 Committee Issues Subpoenas to 6 Top Trump Advisers, Including Pair Involved in Willard Hotel ‘Command Center’” by Jacqueline Alemany, Tom Hamburger, and Josh Dawsey (Washington Post) for MSN
Ethics
National: “Big Bird Got ‘Vaccinated’ Against COVID-19, Drawing Outrage from Republicans” by Rachel Treisman for National Public Radio
National: “Pelosi Calls for Investigations of Gosar’s Video That Depicts Him Killing Ocasio-Cortez” by Felicia Sonmez and John Wagner (Washington Post) for MSN
Arizona: “Arizona Board with Close Ties to Landlord Group Oversees Constables Who Serve Eviction Writs” by Jessica Boehm, Catherine Reagor, and Ralph Chapoco (Arizona Republic) for Yahoo News
Colorado: “Denver’s Top Parking Enforcer ‘Fixed’ 21 of His Own Tickets” by Brian Maas for KESQ
Ohio: “Ohio Medicaid: It’s not a conflict if you only own stock in the parent company” by Marty Schladen for Ohio Capital Journal
Redistricting
Virginia: “Va. Senate Democrats Ask State Supreme Court to Disqualify Republicans’ Nominated Map Drawers” by Meagan Flynn and Teo Armus (Washington Post) for MSN
November 5, 2021 •
News You Can Use Digest – November 5, 2021
National/Federal A Year Out, Political Groups Prepare for What Could Be the Most Expensive Midterms Ever MSN – Kate Ackley (Roll Call) | Published: 11/2/2021 Next year’s midterm elections, which will determine control of the House and Senate for the second […]
National/Federal
A Year Out, Political Groups Prepare for What Could Be the Most Expensive Midterms Ever
MSN – Kate Ackley (Roll Call) | Published: 11/2/2021
Next year’s midterm elections, which will determine control of the House and Senate for the second half of President Biden’s first term, are on pace to shatter previous records, thanks largely to big money outside groups. Super PACs – more than a decade old, with an infrastructure and stream of donors to rival the political parties – and other outside organizations already have begun to invest heavily to influence the outcome of the 2022 elections. An infusion of millions of dollars into a race can upend the previous dynamics. Outside organizations will rely on polling and other cues for where to put their money.
At Least Seven Jan. 6 Rallygoers Won Public Office on Election Day
MSN – Amy Wang and Mariana Alfaro (Washington Post) | Published: 11/3/2021
At least seven people who attended the pro-Trump rally on January 6 in Washington, D.C. that preceded the insurrection at the U.S. Capitol were elected to public office on November 2. None were charged with crimes, and all denied being part of the pro-Trump mob that stormed the Capitol to stop the certification of President Biden’s electoral college win. The attack resulted in five deaths and left some 140 members of law enforcement injured.
Burr’s Brother-in-Law Called Stock Broker, One Minute After Getting Off Phone with Senator
ProPublica – Robert Faturechi | Published: 10/28/2021
After U.S. Sen. Richard Burr dumped more than $1.6 million in stocks in February 2020, a week before the coronavirus market crash, he called his brother-in-law, according to a new Securities and Exchange Commission (SEC) filing. They talked for 50 seconds. Burr, according to the SEC, had material nonpublic information regarding the incoming economic impact of coronavirus. The very next minute, Burr’s brother-in-law, Gerald Fauth, called his broker. It was previously unknown that Burr and Fauth spoke that day, and their contact came just before Fauth began the process of dumping stock himself.
Cases Show Foreign Donors Secretly Funnel Money Through Straw Donors, Shell Companies, ‘Dark Money’
Center for Responsive Politics – Anna Massoglia | Published: 10/28/2021
Lev Parnas, a Soviet-born former business associate of Rudolph Giuliani, was recently convicted for campaign finance crimes. His case exposed the ways secret donors, including foreign nationals, can hide their identities from the American public while currying influence with politicians through straw donors, shell companies, and other forms of “dark money.” While Parnas’ case ended with a conviction, other prosecutions in similar cases are just beginning.
Foreign Nationals Can Finance Ballot Initiatives, FEC Affirms
MSN – Isaac Stanley-Becker (Washington Post) | Published: 11/3/2021
The FEC affirmed that foreign nationals can legally spend money on ballot measures in states that do not otherwise forbid the practice. Federal law prohibits foreign nationals from making contributions in connection with federal, state, or local elections but is silent on spending related to ballot initiatives. The decision is consistent with established interpretations of federal election law, campaign finance experts said. But it does not address whether certain types of ballot initiatives that explicitly involve a candidate or bear directly on elections, such as redistricting measures, might trigger the federal ban on foreign money, said FEC member Ellen Weintraub.
Gun Control Group Alleges Campaign Finance Violations in Lawsuit Against NRA
MSN – Mychael Schnell (The Hill) | Published: 11/2/2021
The gun control group Giffords filed a lawsuit against the National Rifle Association, alleging the advocacy group violated campaign finance laws by illegally contributing tens of millions of dollars to Republican U.S. Senate and presidential candidates, including Donald Trump in 2016, through shell corporations. “Over the past seven years, the National Rifle Association has engaged in an ongoing scheme to evade campaign finance regulations by using a series of shell corporations to illegally but surreptitiously coordinate advertising with at least seven candidates for federal office,” the complaint states.
‘Last Stop’ House Committee Takes Its Turn in the Limelight
MSN – Lindsey McPherson (Roll Call) | Published: 11/3/2021
After 13 committees spent countless hours in September preparing a $3.5 trillion-plus partisan budget reconciliation package, the House Rules Committee – “the most powerful committee that people haven’t heard of,” according to its chairperson, U.S. Rep. Jim McGovern – is going to cut the measure almost in half. It is the panel’s job to tweak bills so they ultimately have the votes to pass. The committee has no original legislative jurisdiction, but the policy areas it can influence are endless.
Lobbying Firms Connected to Biden White House Are Flourishing Under New Administration
Yahoo News – Soo Rin Kim (ABC News) | Published: 11/3/2021
Lobbying firms with ties to President Biden and his administration are thriving, with some doubling and quadrupling their lobbying revenues from last year, disclosure filings show, but overall lobbying revenues have not increased much over the last year. Three firms led by former Biden aides and others with close ties to key members of the administration have brought in far more in lobbying revenues in just the first three quarters of 2021 than the amount they brought in during the entire previous year.
Perfect Attendance: Susan Collins racks up 8,000th vote in the Senate
MSN – Chris Cioffi (Roll Call) | Published: 11/1/2021
Even a global pandemic could not stop Susan Collins from keeping up her perfect U.S. Senate attendance, a consecutive voting streak that has stretched nearly a quarter-century. She reached the 8,000-vote mark recently, voting to confirm Elizabeth Prelogar to be U.S. solicitor general. Since her arrival in the chamber in 1997, Collins has not missed a single vote. Collins is still a couple of thousand votes away from breaking the record for longest streak ever, held by William Proxmire.
Senate Republicans Block Debate on a Third Major Voting Rights Bill
MSN – Mike DeBonis (Washington Post) | Published: 11/3/2021
Republican senators voted to block debate on the third major voting rights bill that congressional Democrats have sought to pass this year in response to the state-level GOP push to restrict ballot access following former President Trump’s false claims of a stolen 2020 election. Only one Republican, U.S. Sen. Lisa Murkowski, voted to advance it. The John Lewis Voting Rights Advancement Act seeks to empower the Justice Department and federal courts to review state election laws, restoring provisions of the Voting Rights Act of 1965 that have been struck down by the U.S. Supreme Court.
Stunning Survey Gives Grim View of Flourishing Anti-Democratic Opinions
The Hill – Reid Wilson | Published: 11/1/2021
A recent poll from the nonpartisan Public Religion Research Institute paints a troubling portrait of a growing segment of the public that is increasingly unmoored from reality as it embraces conspiracy theories about child abduction and stolen elections. It found a deep divide between those who trust right-wing media outlets and the rest of the nation, and even a divide between those who trust Fox News and those who trust outlets like One America Network and Newsmax. Eighteen percent say they agree with the statement that America has gotten so far off track that “true American patriots may have to resort to violence in order to save our country.”
Trump Campaign Payments for ‘Command Centers’ at D.C. Hotels Could Undermine Executive Privilege Claim in Jan. 6 Investigation
MSN – Jacqueline Alemany, Josh Dawsey, Emma Brown, and Tom Hamburger (Washington Post) | Published: 11/2/2021
More than $225,000 in Trump campaign payments went to firms owned by Bernard Kerik and Rudolph Giuliani, including more than $50,000 for rooms and suites at the Willard hotel in Washington, D.C. that served as a “command center” for efforts to deny Joe Biden the presidency in the days leading up to the attack on the Capitol on January 6. The fact that campaign funds were used to finance efforts to subvert Biden’s victory could complicate the Donald Trump’s ongoing attempt to use claims of executive privilege to shield documents and testimony from the congressional committee investigating the insurrection.
Trump Seeking to Block Hundreds of Pages of Documents from Jan. 6 Committee, Court Filing Shows
MSN – Amy Wang (Washington Post) | Published: 10/30/2021
Former President Trump is trying to withhold nearly 800 pages of documents from the House select committee investigating the January 6 insurrection. The filing was in response to and shed more light on a lawsuit Trump filed seeking to block the disclosure of records related to his whereabouts, communications, and activities that day. Exerting additional pressure on Trump, 66 former members of Congress, including 44 Democrats and 22 Republicans filed a brief opposing Trump’s attempt to shield documents from the select committee.
Two Democratic Senators Take Aim at ‘Zombie’ Campaigns
Yahoo News – Roger Sollenberger (Daily Beast) | Published: 11/4/2021
U.S. Sens. Michael Bennet and Elizabeth Warren introduced legislation to prohibit former politicians from holding on to their campaign money forever. The bill would outlaw so-called zombie campaign accounts for any politician who does not file for the next election six months after they leave office and would require any former politician who wishes to register as a lobbyist to shut down their campaign account immediately.
UK Needs a Lobbying Regulator, Review Author Recommends
Financial Times – Jasmine Cameron-Chileshe | Published: 11/2/2021
The United Kingdom should create a regulator able to “impose severe sanctions” on individuals who break lobbying rules, the author of an independent review into the issue suggested. Nigel Boardman, who published a review into lobbying following a scandal involving former Prime Minister David Cameron, told the House of Commons Public Administration and Constitutional Affairs Committee the lobbying industry needed to move away from “self-regulation.”
From the States and Municipalities
Alaska – After Federal Court Ruling, Alaska Campaign Regulators Propose Higher Donation Limits
Anchorage Daily News – James Brooks | Published: 11/3/2021
The staff of the Alaska Public Offices Commission set the state’s campaign contribution limit at $1,500 from an individual to a candidate, now that the Ninth U.S. Circuit Court of Appeals has thrown out the previous $500 cap. A group would be limited to $3,000 in donations per candidate or group per year. Campaigns and candidates are required to follow the new caps until the commission votes on the proposal and could be subject to an official complaint and investigation if they violate its limits.
California – City Report: SF officials got free tickets to pricey outside Lands Fest through ethically questionable loophole
KQED – Joe Fitzgerald Rodriguez | Published: 10/29/2021
According to a recent San Francisco Ethics Commission report, city officials have been given at least $430,950 in free tickets to the Outside Lands festival through a loophole, that although technically legal, is ethically dubious. The Recreation and Parks Department, which is the agency accepting the tickets from Another Planet Entertainment, which puts on the festival, is also in charge of the contract for the event space. That makes them a “restricted source” for officials involved in the contract, which means accepting any gifts from entities they are doing business with poses a potential conflict-of-interest.
California – How Local Independent Commissions Are Changing California Redistricting
CalMatters – Sameea Kamal | Published: 10/26/2021
California has a dozen new local independent commissions in this round of redistricting, a process that will create districts for elections from 2022 to 2030. These new panels are coming up with districts that in some places have never been redrawn, or have not been altered significantly, despite changing populations. Taking redistricting power away from officeholders could mean changes in representation and city priorities.
California – Is It Too Easy to Hold a Recall in California? Lawmakers Raise Changes After Newsom Victory
MSN – Lara Korte (Sacramento Bee) | Published: 10/29/2021
Both Democrats and Republicans said they are open to tweaking California’s 108-year-old recall laws, but they are far from consensus on what those changes should look like. Lawmakers gathered for the first formal discussion of the state’s recall process following Gov. Gavin Newsom’s victory against a recall. Democrats are concerned it is too easy to qualify a recall in California. Republicans said they are open to changing the recall in a way that makes it more efficient or conducts it in a better manner, but they are cautious about diluting an avenue of direct democracy.
Connecticut – A $375,000 Kentucky Derby Trip, Personalized Golf Balls and Luxury Swag Bags. Federal Jury Set to Determine When High-Priced Corporate Retreats Are Illegal Junketeering
MSN – Edmund Mahoney (Hartford Courant) | Published: 10/31/2021
Five former Connecticut Municipal Electric Energy Cooperative (CMEEC) officials are on trial over their involvement in multiple trips that cost more than $800,000 in total. The men planned or participated in trips that sent scores of friends, family, colleagues, and customers on utility-paid trips to the Kentucky Derby and golf outings at The Greenbrier resort in West Virginia. The defendants say the travel was legal under state law. “The evidence … will prove that the five defendants used hundreds of thousands of dollars of money belonging to CMEEC … for their personal benefit …,” prosecutors wrote in a pre-trial memorandum.
Delaware – Can Delaware Lawmakers Legally Oust an Indicted State Auditor? State Law Isn’t Clear
WHYY – Mark Eichman | Published: 11/2/2021
The Delaware General Assembly has never voted to have the governor oust another elected official. As a result, there is some confusion about how the process works. After a grand jury indicted state Auditor Kathy McGuiness on fraud charges, resolving that confusion has taken on increased urgency. The felony charges accuse McGuiness of hiring her daughter to a no-show job, giving her 2018 campaign consulting firm an illegal state contract, and intimidating employees who complained.
Florida – Candidates Fail to Turn in Mandatory Financial Reports
MSN – Corbin Bolies (Fresh Take Florida) | Published: 10/30/2021
Scores of challengers running for Congress across Florida have failed to successfully file financial reports in Washington that would publicly reveal key details about their personal wealth, debts, and jobs, as required by the U.S. House. The missing paperwork means voters have few clues so far about where these candidates have earned their money, where they invested, or to whom they owe personal debts. Candidates’ explanations included reports being lost in the mail, forgetting they were due, technical glitches, and confusion over what Congress required.
Florida – Florida Blocks Professors from Testifying Against Voting Law Pushed by DeSantis
Politico – Gary Fineout and Marc Caputo | Published: 10/30/2021
The University of Florida blocked three professors from testifying on behalf of plaintiffs in a lawsuit seeking to overturn the state’s new restrictive voting law. University officials asserted it was a conflict-of-interest for professors to testify in the lawsuit because they are state employees. It is a turnaround in university policy, which for years allowed professors to testify in lawsuits against the state, including one that unsuccessfully challenged the state law that restricted voting rights for convicted felons. Critics contend the action imperils academic freedom and raises concerns about the First Amendment.
Illinois – Ex-State Rep. Luis Arroyo Pleads Guilty in Bribery Case Tied to Sweepstakes Machines
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 11/3/2021
Former Illinois Rep. Luis Arroyo pleaded guilty in a bribery scheme involving a shadowy lobbying effort to expand the use of sweepstakes gaming machines. He acknowledged offering a member of the state Senate monthly payments of $2,500 to back a bill supported by a sweepstakes firm that hired Arroyo as a lobbyist. Prosecutors said Arroyo accepted $7,500 in bribes from James Weiss, the owner of sweepstakes firm Collage LLC, with the understanding he would vote for the legislation supported by Weiss and lobby members of the executive branch and the Illinois Senate.
Massachusetts – Michelle Wu Makes History as First Person of Color and Woman to Be Elected Boston Mayor
MSN – Joanna Slater and Adela Suliman (Washington Post) | Published: 11/3/2021
Democrat Michelle Wu is the first woman and person of color to be elected Boston mayor. The campaign largely focused on housing costs, education, and the city’s opioid crisis. But the race also highlighted Boston’s growing diversity, with all the leading candidates being women of color. It is the first time in nearly 200 years that the city’s next mayor will not be a White man.
Missouri – Many Redistricting Commissioners Have Close Ties to Lawmakers
Columbia Missourian – Rudi Keller (Missouri Independent) | Published: 11/4/2021
The 40 people chosen to draw new legislative districts for Missouri include political consultants, former candidates, and political party officers. They have until January to design 163 Missouri House and 34 state Senate districts that would be used next year. The commissions are billed as independent, and members are prohibited from running for a legislative seat for four years. Many commissioners, however, have close ties to the state legislators whose districts they will be redrawing.
Montana – Legislative Counsel Requests AG’s Documents in St. Peter’s Dispute
Missoula Current – Arren Kimbeil-Sannit (Daily Montanan) | Published: 11/1/2021
A special counsel tasked with probing allegations that state officials in the Montana attorney general’s office harassed doctors at St. Peter’s Health in Helena have formally requested documents related to the incident. Democratic legislative leadership requested their counterparts in the majority investigate the allegations on the heels of media reports in which St. Peter’s said unnamed state officials threatened doctors at the hospital for not prescribing a COVID-19 patient ivermectin, an unapproved treatment for the virus. The patient, an activist in the Lewis and Clark County Republican Party politics, has since passed away.
New Jersey – Former Owner of Morristown Law Firm Admits Directing Bold Straw Donor Scheme
MSN – Lori Comstock (Morristown Daily Record) | Published: 10/27/2021
Attorney Matthew O’Donnell pleaded guilty to “pay-to-play” charges in connection with a bribery scheme in New Jersey. O’Donnell admitted his firm submitted proposals for legal services to municipalities but failed to disclose the firm made campaign contributions to officials in those locations. Using straw donors allowed the firm to donate to campaigns and evade laws that would otherwise disqualify them from winning contracts. He faces a maximum three-year prison sentence and will be required to pay restitution to the victims of the scheme. The plea also calls for him to be banned from doing any business in the state for 10 years.
New Jersey – Murphy Reelected New Jersey Governor by Razor-Thin Margin
Yahoo News – Matt Friedman (Politico) | Published: 11/3/2021
New Jersey Gov. Phil Murphy has won reelection, defeating Republican Jack Ciattarelli in a closer-than-expected race. The contest eluded national coverage for most of the year, as both parties focused intensely on the close race for governor in Virginia. But Murphy’s small margin ultimately points to the same challenging political environment for Democrats, a year after winning the presidential election and with midterms looming.
New Jersey – N.J. Governor’s Race Fallout Could Claim Senate President Sweeney as Democrats Trail Key Legislative Races
MSN – Amanda Hoover and Brent Johnson (NJ Advance Media) | Published: 11/3/2021
New Jersey Senate President Stephen Sweeney seems set to lose his seat his seat to Edward Durr, a truck driver who spent only $153 over the course of his campaign. Durr has never held elective office. He ran on a platform of limiting government, reducing taxes, and fixing the state’s roads, but he did not garner much attention during the campaign. A Sweeney loss would significantly change the landscape of state politics, giving rise to a new Senate president and likely shifting the dynamic between the Legislature and the governor’s office.
New Jersey – Voters with Disabilities Gain Political Clout in NJ as Ballots Become More Accessible
MSN – Gene Myers (Bergen Record) | Published: 11/2/2021
New Jerseyans with disabilities are enjoying a new era of political relevance thanks to the coronavirus pandemic, both the voting reforms it spurred and the inequities it laid bare. People with disabilities showed “large gains” in 2020’s voter turnout, said Steve Flamisch of Rutgers University’s Program for Disability Research. It is a community that historically has splintered into smaller populations, each lobbying for specific needs in areas such as hearing or vision loss or developmental disabilities without coalescing into a larger political bloc. That has left such voters out of initial discussions about public policy, necessitating after-the-fact fixes such as those found in the Americans with Disabilities Act.
New York – Hochul Outsources Fundraising to Albany’s Top Lobbyists
Albany Times Union – Chris Bragg | Published: 11/1/2021
New York Gov. Kathy Hochul’s campaign is outsourcing a significant portion of its fundraising to Albany’s top lobbying firms, including a few featuring partners that were key witnesses caught up in past corruption cases. Hochul’s fundraising practice is legal. Yet at her swearing-in ceremony in August, she had said one of her priorities was “changing the culture of Albany.” But as she seeks to win a full term as governor next year, her campaign fundraising tactics have accelerated a longstanding practice in Albany’s political culture.
New York – Inspector General to Begin Releasing Its Secret ‘Letter’ Reports
Albany Times Union – Brendan Lyons and Chris Bragg | Published: 11/2/2021
New York Gov. Kathy Hochul’s directive creating more “transparency” in state agencies will include having the state inspector general’s office begin posting the results of all its investigations online, including the letters the office has more frequently sent to many agencies in recent years to privately summarize its findings in controversial matters. It was reported that during the administration of Gov. Andrew Cuomo, the inspector general’s office had been increasingly sending letters to agencies, rather than posting full reports on its website, to quietly handle matters ranging from sexual harassment to the alleged leak of confidential information to the governor.
New York – Sheriff Defends Filing of Criminal Complaint Against Cuomo
Yahoo News – Bobby Caina and Michael Hill (Associated Press) | Published: 10/29/2021
A sheriff defended his decision to file a criminal complaint against former New York Gov. Andrew Cuomo without consulting prosecutors or the accuser, a woman who says the Cuomo groped her late last year. Sheriff Craig Apple said he was confident in the strength of the case, which he said was based on witness interviews and voluminous records. A court summons requires Cuomo to appear for an arraignment on November 17, though that date could change. The one-page complaint filed in Albany City Court accuses Cuomo of forcible touching by putting his hand under a woman’s shirt on December 7.
Ohio – Columbus Officials Looking to Prevent Another Issue 7-Type Measure from Getting on Ballot
MSN – Mark Ferenchik and Bill Bush (Columbus Dispatch) | Published: 11/3/2021
The defeat of Issue 7 in Columbus, a murky initiative to divert $87 million in taxpayer money to fund vague “green energy” programs with no oversight, may be unprecedented in the history of city elections. Although voters were not buying the shadowy petition and those behind it, city officials are already looking at ways to restrict future ballot initiatives from being able to redirect millions of tax dollars to a private, unregulated group to spend how it sees fit.
Pennsylvania – How Do Staffs at PSERS and SERS Pension Plans Play the Market? The Public Can’t Find Out
MSN – Craig McCoy and John DiStefano (Philadelphia Inquirer) | Published: 11/1/2021
In California, public investment officers with power over billions of dollars in pension funds must disclose the stocks they own, their approximate cash value, when they bought them, when they sold, and any profits they made. Ohio requires public investment staff to disclose all their personal stocks. So does Florida. But in Pennsylvania, lenient laws mean scores of highly paid investment staffers and top public pension plan executives are required to reveal little or nothing about their personal stock trading.
Pennsylvania – Pa. House Mulling Gift Ban Bill, but Gov. Tom Wolf Says It Needs Strengthening. Here’s Why
Lebanon Daily News – J.D. Prose (Pennsylvania State Capital Bureau) | Published: 11/1/2021
Gov. Tom Wolf is urging the Pennsylvania Legislature to close a “loophole” in a gift ban bill that is moving forward in the House. House Bill 1009 prohibits elected officials and state employees from accepting lodging or sleeping accommodations, food and drinks, transportation, recreation, and entertainment collectively valued at more than $250 from registered lobbyists during a year. Wolf said it does not go far enough and should be strengthened to include gifts from businesses or people not registered as lobbyists in Pennsylvania.
Pennsylvania – Want to See Who’s Funding Local Candidates in Pa.? It’s Harder Than You’d Think
WHYY – Ethan Edward Coston (Spotlight PA) | Published: 11/2/2021
Hundreds of local races across Pennsylvania were decided on November 2 but determining who is bankrolled the candidates and how they spent that money can be onerous and time-consuming, a review found. Local candidates were required to file final pre-election campaign finance reports with their county by October 22. To test how easily and quickly the public could access this information less than two weeks before the election, Spotlight PA requested reports for school board candidates in nine counties.
Virginia – Republican Winsome Sears Projected to Win Lieutenant Governor’s Race
MSN – Antonio Olivo (Washington Post) | Published: 11/3/2021
Republican Winsome Sears was projected to win Virginia’s race for lieutenant governor, a victory that would make her the first woman in the state’s second-highest office and could tilt the closely split state Senate in her party’s favor on divisive issues such as abortion restrictions. The victory also would make Sears the first woman of color to hold a statewide office in Virginia, a milestone that was also possible for her opponent, Del. Hala Ayala, and that both candidates used to rally supporters in their bid to win the position that traditionally has been a launchpad for a run for governor.
Virginia – Youngkin Wins Virginia Governor’s Race, Jolting Democrats
MSN – Will Weissert and Sarah Rankin (Associated Press) | Published: 11/3/2021
Glenn Youngkin won the Virginia governor’s race, tapping into culture war fights over schools and race to unite former President Trump’s most fervent supporters with enough suburban voters to become the first Republican to win statewide office in 12 years. Youngkin’s defeat of Terry McAuliffe marked a sharp turnabout in a state that has shifted to the left over the past decade and was captured by Joe Biden last year by a 10-point margin. It is certain to add to the Democrats’ anxiety about their grip on political power heading into next year’s midterms.
November 4, 2021 •
Thursday’s LobbyComply News Roundup
Campaign Finance National: “Gun Control Group Alleges Campaign Finance Violations in Lawsuit Against NRA” by Mychael Schnell (The Hill) for MSN National: “Trump Campaign Payments for ‘Command Centers’ at D.C. Hotels Could Undermine Executive Privilege Claim in Jan. 6 Investigation” […]
Campaign Finance
National: “Gun Control Group Alleges Campaign Finance Violations in Lawsuit Against NRA” by Mychael Schnell (The Hill) for MSN
National: “Trump Campaign Payments for ‘Command Centers’ at D.C. Hotels Could Undermine Executive Privilege Claim in Jan. 6 Investigation” by Jacqueline Alemany, Josh Dawsey, Emma Brown, and Tom Hamburger (Washington Post) for MSN
Alaska: “After Federal Court Ruling, Alaska Campaign Regulators Propose Higher Donation Limits” by James Brooks for Anchorage Daily News
Elections
National: “At Least Seven Jan. 6 Rallygoers Won Public Office on Election Day” by Amy Wang and Mariana Alfaro (Washington Post) for MSN
Massachusetts: “Michelle Wu Makes History as First Person of Color and Woman to Be Elected Boston Mayor” by Joanna Slater and Adela Suliman (Washington Post) for MSN
New Jersey: “N.J. Governor’s Race Fallout Could Claim Senate President Sweeney as Democrats Trail Key Legislative Races” by Amanda Hoover and Brent Johnson (NJ Advance Media) for MSN
Ethics
Illinois: “Ex-State Rep. Luis Arroyo Pleads Guilty in Bribery Case Tied to Sweepstakes Machines” by Jason Meisner and Ray Long (Chicago Tribune) for MSN
Legislative Issues
Delaware: “Can Delaware Lawmakers Legally Oust an Indicted State Auditor? State Law Isn’t Clear” by Mark Eichman for WHYY
Lobbying
National: “Lobbying Firms Connected to Biden White House Are Flourishing Under New Administration” by Soo Rin Kim (ABC News) for Yahoo News
Redistricting
California: “How Local Independent Commissions Are Changing California Redistricting” by Sameea Kamal for CalMatters
November 1, 2021 •
Monday’s LobbyComply News Roundup
Campaign Finance National: “Cases Show Foreign Donors Secretly Funnel Money Through Straw Donors, Shell Companies, ‘Dark Money’” by Anna Massoglia for Center for Responsive Politics New Jersey: “Former Owner of Morristown Law Firm Admits Directing Bold Straw Donor Scheme” by […]
Campaign Finance
National: “Cases Show Foreign Donors Secretly Funnel Money Through Straw Donors, Shell Companies, ‘Dark Money’” by Anna Massoglia for Center for Responsive Politics
New Jersey: “Former Owner of Morristown Law Firm Admits Directing Bold Straw Donor Scheme” by Lori Comstock (Morristown Daily Record) for MSN
Elections
Florida: “Florida Blocks Professors from Testifying Against Voting Law Pushed by DeSantis” by Gary Fineout and Marc Caputo for Politico
Ethics
National: “Burr’s Brother-in-Law Called Stock Broker, One Minute After Getting Off Phone with Senator” by Robert Faturechi for ProPublica
National: “Trump Seeking to Block Hundreds of Pages of Documents from Jan. 6 Committee, Court Filing Shows” by Amy Wang (Washington Post) for MSN
California: “City Report: SF officials got free tickets to pricey outside Lands Fest through ethically questionable loophole” by Joe Fitzgerald Rodriguez for KQED
New York: “Sheriff Defends Filing of Criminal Complaint Against Cuomo” by Bobby Caina and Michael Hill (Associated Press) for Yahoo News
Redistricting
Colorado: “Democrats Backed a Commission to Draw Fair House Lines in Colorado. Now They Worry They Gave Up Their Power.” by Colby Itkowitz and Adrián Blanco (Washington Post) for MSN
October 29, 2021 •
News You Can Use Digest – October 29, 2021
National/Federal Democrats Turn Down Top Lobbying Roles at Facebook as Scandals Pile Up Yahoo News – Nihal Krishan (Washington Examiner) | Published: 10/27/2021 Facebook is reportedly struggling to hire Democrats for its lobbying shop in Washington, D.C. despite paying top dollar, […]
National/Federal
Democrats Turn Down Top Lobbying Roles at Facebook as Scandals Pile Up
Yahoo News – Nihal Krishan (Washington Examiner) | Published: 10/27/2021
Facebook is reportedly struggling to hire Democrats for its lobbying shop in Washington, D.C. despite paying top dollar, a potential sign the social media behemoth is now deemed radioactive by many on the Left. The Biden administration and Democrats in Congress have threatened to go after Facebook with aggressive regulations, lawsuits, and investigations, and that appears to be making it an unattractive employer for top talent. Making matters worse, some senior Democratic lobbyists have left the company recently, the Wall Street Journal reported.
Ethics Panel Releases Reports on Malinowski, Kelly, Mooney and Hagedorn
MSN – Chris Marquette (Roll Call) | Published: 10/21/2021
The House Committee on Ethics released four reports into separate violations of ethics rules by four members of Congress, portraying what investigators suggested was a sweeping array of improper financial conduct. The allegations against three Republicans and one Democrat center on stock trades and the improper use of campaign funds, according to the Office of Congressional Ethics, which investigated the cases. All four cases will continue to be reviewed by the ethics committee.
Facebook Staff Complained for Years About Their Lobbyists’ Power
Yahoo News – Emily Birnbaum (Politico) | Published: 10/25/2021
Facebook’s lobbying and government relations shop, overseen by former Republican operative Joel Kaplan, regularly weighs in on speech-related issues, such as how to deal with prominent right-wing figures, misinformation, ads from former President Trump, and the aftermath of the George Floyd protests, according to internal documents. The dynamic is so prevalent, employees argued Facebook regularly ignored its own written policies to keep political figures happy, even overriding concerns about public safety. The disclosures come after years of internal and external grumbling at Facebook about the role played by Kaplan.
Fed to Ban Policymakers from Owning Individual Stocks, Restrict Trading Following Controversy
CNBC – Jeff Cox | Published: 10/21/2021
Responding to a growing controversy over investing practices, the Federal Reserve announced a wide-ranging ban on officials owning individual stocks and bonds and limits on other activities as well. The ban includes top policymakers such as those who sit on the Federal Open Market Committee, along with senior staff. Future investments will have to be confined to diversified assets such as mutual funds. The new rules replace existing regulations that, while somewhat restrictive, still allowed officials such as regional presidents to buy and sell stocks.
Five Points for Anger, One for a ‘Like’: How Facebook’s formula fostered rage and misinformation
MSN – Jeremy Merrill and Will Oremus (Washington Post) | Published: 10/26/2021
Five years ago, Facebook gave its users five new ways to react to a post in their news feed beyond the iconic “like” thumbs-up: “love,” “haha,” “wow,” “sad,” and “angry.” Facebook programmed the algorithm that decides what people see in their news feeds to use the reaction emoji as signals to push more emotional and provocative content, including content likely to make them angry. Facebook’s ranking algorithm treated emoji reactions as five times more valuable than “likes,” internal documents reveal. The theory was simple: posts that prompted lots of reaction emoji tended to keep users more engaged, and keeping users engaged was the key to Facebook’s business.
Florida Judge Rules Trump Can’t Skirt Twitter’s Terms Just Because He Was President, in Latest Legal Setback
MSN – Timothy Bella (Washington Post) | Published: 10/27/2021
A federal judge in Florida ruled Donald Trump’s status as a former president does not exclude him from following Twitter’s terms of service, the latest setback in his quest to get back on the social media platform after being banned this year. The judge granted Twitter’s motion to transfer the case from the Southern District of Florida to the Northern District of California, which is required by a clause in the company’s user agreement that all Twitter users sign. The case stems from Twitter permanently suspending Trump shortly after the January 6 riot at the U.S. Capitol that led to five deaths and injuries to hundreds of people.
Former Giuliani Associate Lev Parnas Is Convicted of Campaign Finance Crimes
National Public Radio – Associated Press | Published: 10/22/2021
A jury convicted a former associate of Rudy Giuliani of charges he made illegal campaign contributions to influence U.S. politicians and advance his business interests. Prosecutors accused Lev Parnas of using other people’s money to pose as a powerful political broker and get close to some of the nation’s leading Republican political figures. The case had drawn interest because of the involvement of Parnas and a former co-defendant, Igor Fruman, in Giuliani’s efforts to get Ukrainian officials to investigate Joe Biden’s son during the 2020 election.
House Votes to Hold Bannon in Contempt for Refusing to Comply with the Jan. 6 Subpoena
MSN – Felicia Sonmez, Marianna Sotomayor, and Jacqueline Alemany (Washington Post) | Published: 10/21/2021
The House voted to hold former White House chief strategist Stephen Bannon in criminal contempt of Congress for his refusal to comply with a subpoena issued by the committee investigating the January 6 attack on the Capitol. Bannon has argued he cannot respond to the subpoena because of executive privilege asserted by former President Trump. The matter now goes to the Justice Department, which will decide whether to pursue the matter. Legal experts have cast doubt on the merit of Bannon’s defense of his defiance of the subpoena.
Inside Facebook’s Struggle to Contain Insurrectionists’ Posts
Yahoo News – Alexandra Levine (Politico) | Published: 10/25/2021
In the hours leading up to the January 6 insurrection, engineers and other experts in Facebook’s Elections Operations Center were scrambling to thwart dangerous claims spreading across the platform, trying to detect false narratives of election fraud and squelch other content fueling the rioters. But much of what was happening across the social network that day fell into a bucket of problematic material Facebook has said it does not yet know how to tackle. Facebook had no clear playbook for handling some of the most dangerous material on its platform: content delegitimizing the U.S. elections.
Jan. 6 Protest Organizers Say They Participated in ‘Dozens’ of Planning Meetings with Members of Congress and White House Staff
Yahoo News – Hunter Walker (Rolling Stone) | Published: 10/24/2021
Two people who helped plan the pro-Trump rallies that took place in Washington, D.C., ahead of the Capitol riot on January 6 say members of Congress and the White House helped plan the protest that turned violent. Neither of the sources were identified, though Rolling Stone described one as a “rally organizer” and another as a “planner.” Rolling Stone reported the two are also talking to the House select committee investigating the insurrection. Both organizers also said Mark Meadows, who was serving as then-President Trump’s chief of staff, played a significant role in discussions regarding the protests ahead of January 6.
‘Threats of Violence’: School boards curb public comments to calm raucous meetings
MSN – Andrew Atterbury and Juan Perez Jr. (Politico) | Published: 10/26/2021
School leaders nationwide are beginning to eye ways to rein in public commentary at local meetings to quell raucous crowds over issues like mask mandates and critical race theory. The potential changes could add more strain between school boards and the public they serve, a domain that has emerged as a fierce culture war battleground amid the coronavirus. Parents across the nation are fighting for more control over what their children are learning in school, frustrations that have boiled over during the pandemic and are gaining support in the Republican Party.
Twitter Algorithms Amplify Conservative Content More Than That of the Political Left, Researchers Find
MSN – Taylor Telford (Washington Post) | Published: 10/24/2021
An internal evaluation of Twitter’s recommendation algorithms concluded they amplify right-leaning political content more than left-leaning content, undercutting allegations by many conservatives who contend they are being censored on the platform. The research is months in the making, part of Twitter’s promise to evaluate the underpinnings of its platform after the company was criticized for its role in the January 6 insurrection at the Capitol.
From the States and Municipalities
Alaska – After Federal Court Action, Alaska Prepares to Remove Most Restrictions on Campaign Contributions
Yahoo News – James Brooks (Anchorage Daily News) | Published: 10/27/2021
The Ninth U.S. Circuit Court of Appeals said it will not re-examine a decision that overturned many of Alaska’s most important limits on campaign contributions. The order clears the way for those caps to be lifted later this fall, ahead of next year’s municipal and state races. Those limits were part of a 2006 ballot measure, but the federal judges ended almost six years of legal arguments by saying they unconstitutionally limit the free-speech rights of political donors.
California – California Sets New Rules for Mystery Donations Made on Behalf of Lawmakers
MSN – Melody Gutierrez (Los Angeles Times) | Published: 10/21/2021
California law requires that charitable donations of $5,000 or more requested by elected officials or their representatives, a practice known as behested payments, be disclosed to limit undue influence in government. But the identities of those who use so-called donor-advised funds to make those payments are often shielded in state and local disclosures. The Fair Political Practices Commission approved changes that will require elected officials to report the name of the person directing a behested payment through a donor-advised fund. When the contribution is made anonymously, the elected official must note that in disclosure filings.
California – Huizar Seeks to Gut Corruption Case, Says Alleged $1.5 Million in Gifts Were Not Bribes
Yahoo News – Michael Finnegan and David Zahniser (Los Angeles Times) | Published: 10/26/2021
Attorneys for former Los Angeles City Councilperson Jose Huizar readily admit that many of the allegations made against him in a wide-ranging corruption case are “distasteful.” Federal prosecutors have accused him of traveling on private jets, staying at luxury hotels, gambling at casinos in Las Vegas, and consorting with prostitutes – all paid for by businesspeople seeking to profit from the real estate boom in his district. But Huizar’s lawyers argued many of the steps he is accused of taking to help those businesspeople, such as setting up meetings and recommending consultants, were too informal to qualify as the type of “official acts” that meet the definition of bribery under federal law.
California – San Diego City Attorney, Mayoral Aides Met with Lobbyists Over Ash Street Litigation
San Diego Daily Tribune – Jeff McDonald (San Diego Union-Tribune) | Published: 10/24/2021
One of San Diego’s highest profile lobbying firms met privately with City Attorney Mara Elliott, her top lieutenants, and two senior aides to Mayor Todd Gloria to resolve litigation over the ill-fated lease for the former Sempra Energy headquarters. The confidential discussions with Southwest Strategies lobbyists came at the same time the company was raising tens of thousands of dollars in political donations for Elliott, Gloria, and members of the city. Legal and political experts say the arrangement is unusual and questionable.
Colorado – New Redistricting Lobbying Complaint Targets Latino Advocacy Group
Denver Gazette – Evan Wyloge (Colorado Springs Gazette) | Published: 10/22/2021
Another complaint alleging failures to properly disclose redistricting lobbying activity was lodged with the Colorado secretary of state, this time targeting an influential Hispanic and Latino advocacy organization. The newest complaint takes aim at the Colorado Latino Leadership, Advocacy, and Research Organization, arguing their registered lobbyist has not properly disclosed his activities, and two other employees of the organization should have registered as lobbyists and disclosed their contact with redistricting commissioners as lobbying.
Colorado – No-Bid Contracts to Campaign Contributors, Top-Dollar PR Firms Among ‘Custodial Funds’ Spending in Colorado
Denver Gazette – Evan Wyloge (Colorado Springs Gazette) | Published: 10/21/2021
So-called custodial funds in Colorado are an example of government spending that has little to no oversight. The money can be used at the discretion of a state agency, as long as the spending qualifies under the purpose of the funds’ source, like spending $400 million received from settlements with drug companies on anti-drug addiction efforts. But there is no oversight step built into the process. Attorney General Phil Weiser directed about $250,000 to no-bid contracts for a handful of his campaign contributors or their firms from a pot of money controlled by his office that is intended to help protect consumers from fraud.
Connecticut – Former State Rep. DiMassa Allegedly Billed West Haven $100K for Lobbying the City ‘Wouldn’t Need,’ Documents Show
Stamford Advocate – Mark Zaretsky (New Haven Register) | Published: 10/26/2021
Former Connecticut Rep. Michael DiMassa, who was arrested on federal wire-fraud charges related to his use of COVID relief funds, allegedly claimed on invoices he submitted to the city of New Haven a company he formed that received $636,000 in federal money was involved in lobbying activities. The documents do not specify who would have done the lobbying for DiMassa’s Compass Investment Group and authorities allege none of the work for which invoices were submitted was done, and state law also prohibits any member of the Legislature from acting as a lobbyist.
Florida – Florida Ethics Commission Clears Ken Welch in 2018 Lobbying Controversy
Florida Politics – Kelly Hayes | Published: 10/27/2021
The Florida Commission on Ethics found no probable cause former Pinellas County Commissioner Ken Welch misused his position in 2018 when lobbying public officials on behalf of his wife. The commission cleared Welch less than two weeks before the St. Petersburg election in which Welch tops the ballot for mayor. The issue has dogged Welch’s mayoral campaign in some attack emails by a shadowy group that messaged voters highlighting the past controversy. The emails referenced a Tampa Bay Times editorial criticizing Welch for an “obvious conflict-of-interest.”
Florida – Florida Senate ‘Ghost’ Candidate Alex Rodriguez Faces Potential $20,000 Ethics Fine
MSN – Mark Harper (Daytona Beach Journal) | Published: 10/27/2021
Alex Rodriguez, the former “ghost” candidate who pleaded guilty in August in an election-fraud criminal case, has been levied a $20,000 fine. The Florida Commission on Ethics announced it approved a settlement agreement with Rodriguez for accepting money “from an individual based on the understanding he would change his party affiliation, qualify to run” in the 2020 Senate District 37 race, and file a false financial-disclosure form. Rodriguez ran as a no-party affiliation candidate in a tight contest between then-incumbent Sen. Jose Rodriguez and Republican Ileana Garcia. He was considered a “ghost” candidate because he did not campaign other than filling out the paperwork and paying the qualifying fee.
Georgia – Judge: State can’t pursue charges against Georgia’s Oxendine
MSN – Associated Press | Published: 10/24/2021
A judge is throwing out ethics charges against former Georgia Insurance Commissioner John Oxendine, saying state officials waited too long to pursue action. Oxendine was accused of illegally using campaign funds from his failed 2010 gubernatorial campaign to buy a house and lease cars. He was also accused of accepting campaign contributions 10 times above the legal limit from insurance companies.
Iowa – Des Moines Schools’ Superintendent’s Wife Donated to School Board Candidate’s Campaign
MSN – Samantha Hernandez (Des Moines Register) | Published: 10/24/2021
Des Moines Public Schools’ Superintendent Tom Ahart’s wife donated $400 to a city School Board candidate’s campaign, a contribution that is legal but raises ethical questions, government watchdogs say. Jami Bassman Ahart donated to candidate Shelley Skuster, who is running to unseat Kim Martorano, who previously voted not to extend Ahart’s contract with the district. If elected, Skuster would be among those making decisions about Ahart’s future employment.
Michigan – Detroit Cops Accused of Pocketing Cash, Steering Towing Work, Offering to Leak Info
Detroit News – Robert Snell, George Hunter, and Oralandar Brand-Williams | Published: 10/27/2021
Two members of the Detroit Police Department, including an internal affairs lieutenant, were charged with bribery. The arrests are in connection with “Operation Northern Hook,” a broader FBI investigation of corruption within City Hall and municipal towing operations. Lt. John Kennedy and Officer Daniel Vickers conspired to accept bribes in exchange for steering towing work to an unidentified company, prosecutors alleged. The bribes included thousands of dollars in cash, cars, and new carpeting for Vickers’ home, according to the government.
Michigan – Feds Secure First Conviction in Taylor Mayor Bribery Scandal
Detroit News – Robert Snell | Published: 10/22/2021
Federal prosecutors secured the first conviction in a bribery case against Taylor Mayor Rick Sollars when a real estate developer admitted bribing Sollars with more than $53,000 in cash, appliances, home renovations, and gambling money. Shady Awad pleaded guilty to bribery conspiracy almost two years after he was charged. Awad is the latest person convicted in a crackdown on public corruption in Metro Detroit. Since 2008, more than 100 individuals have been charged and there are ongoing FBI investigations targeting Detroit City Council members.
Mississippi – Brett Favre Repays $600,000 in Mississippi Welfare Fraud Case
New York Times – Michael Levensen | Published: 10/27/2021
Brett Favre, the Hall of Fame quarterback who was raised in Mississippi, paid the state back $600,000 he owed after he improperly received welfare money for speeches as part of an extensive fraud scheme. But Favre could still be sued if he does not pay the state the remaining $228,000 in interest he owes, said state Auditor Shad White. Mississippi had allowed millions of dollars in anti-poverty funds to be used in ways that did little or nothing to help the poor, with two nonprofit groups instead using the money on lobbyists, football tickets, religious concerts, and fitness programs for state lawmakers.
Missouri – Unexplained Exits Becoming the Norm for Missouri Gov. Mike Parson’s Cabinet
Missouri Independent – Jason Hancock | Published: 10/25/2021
The October 12 departure of Sarah Steelman as commissioner of the Office of Administration marked the third time in six months that a member of Missouri Gov. Mike Parson’s Cabinet was let go suddenly and without any public explanation. Just like the previous two – Former Health Director Randall Williams and ex-chief operating officer for the governor Drew Erdman – Steelman was asked to resign effective immediately, and her resignation letter is being withheld from public disclosure. House Minority Leader Crystal Quade said the moves are especially troubling now that they involve the state’s purchasing agency.
New Jersey – An Oath Keeper Was at the Capitol Riot. On Tuesday, He’s on the Ballot.
New York Times – Tracy Tully | Published: 10/27/2021
Edward Durfee Jr. is an active member of the far-right Oath Keepers militia who leads the group’s northern New Jersey region and was outside the Capitol during the January 6 insurrection. He is also running for the New Jersey Assembly as a Republican. Durfee said he did not enter the Capitol during the assault, and he condemned the violence that led to several deaths. But he wholeheartedly embraces the ideology of the Oath Keepers, an antigovernment group that pledges to support and defend its interpretation of the Constitution against all enemies.
New York – Rep. Espaillat Campaign Paid Thousands to Online Influencers Who Delivered Flattering Posts
The City – Claudia Irizarry Aponte | Published: 10/25/2021
Campaign committees for U.S. Rep. Adriano Espaillat have paid nearly $15,000 to bloggers for posting hundreds of flattering articles dating to his first run for Congress in 2016. The bloggers’ posts do not disclose their financial ties with the Espaillat campaign, exploiting a legal gray area as paid social media influencers play a growing role in campaigns nationally. Two of those bloggers have also received payments from four candidates for the New York City Council, classified in campaigns’ filings as “communications” or “advertising.” The council contenders also have reaped favorable articles written by the bloggers, without disclosure to readers of the payments.
Ohio – Bankruptcy Court Overseeing Energy Harbor Case Didn’t Pre-Approve $500K Political Donation
MSN – Laura Bischoff (Columbus Dispatch) | Published: 10/24/2021
Bankrupt and struggling for survival, FirstEnergy Solutions donated $500,000 to the Republican Governors Association in October 2018 as part of a political strategy recommended by Akin Gump Strauss Hauer & Feld, a powerful law and lobbying firm. But the contribution, designed to help Mike DeWine, did not get prior approval from the federal bankruptcy court. FirstEnergy and FirstEnergy Solutions, which is now called Energy Harbor, have not provided a full disclosure of how much money it pumped into Ohio politics via “dark money” groups.
Ohio – Cincinnati City Council Approves Anti-Corruption Reforms
WXIX – Jennifer Edwards Baker | Published: 10/27/2021
Rocked by a corruption scandal that saw three members indicted on bribery charges last year, Cincinnati City Council approved two anti-corruption reform measures. One will prohibit council members from soliciting and accepting campaign contributions from those having a financial interest in city business while that business is pending before council. The other will create the position of ethics czar. This person will investigate ethics complaints, oversee a confidential whistleblower hotline, and in general support ethics, election, and campaign finance efforts.
Ohio – Sam Randazzo Overruled PUCO Commissioners, Staff to Help FirstEnergy, According to Company’s Ex-CEO
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 10/21/2021
Former Public Utilities Commission of Ohio (PUCO) Chairperson Sam Randazzo, whom FirstEnergy admitted to bribing, overruled other commissioners and staff to secure policies that benefitted the utility. Randazzo also succeeded in “burning” the final report of a PUCO-commissioned audit into a FirstEnergy customer charge the Ohio Supreme Court overturned the previous year. Critics are questioning whether that report contained information about whether FirstEnergy was improperly using money collected from customers to help pay a $60 million bribe to secure the passage of legislation favorable to the company.
Pennsylvania – Pennsylvania Lawmakers Get Started on Bills Restricting Lobbyists
Pittsburgh Post-Gazette – Marc Levy (Associated Press) | Published: 10/25/2021
The Pennsylvania House began advancing a package of bills aimed at lobbying, including limiting gifts from lobbyists, and prohibiting lobbyists from trying to influence an elected official for whom they also worked as a campaign strategist. One of the centerpiece bills would bar state officials, including lawmakers, from letting a lobbyist pay for their transportation, lodging, recreation, or entertainment, and limiting gifts from lobbyists to $250 in value each year.
Tennessee – State Sen. Brian Kelsey, Nashville Club Owner Indicted in Campaign Finance Conspiracy
MSN – Rachel Wegner and Brinley Hineman (The Tennessean) | Published: 10/25/2021
A federal grand jury returned a five-count indictment charging Tennessee Sen. Brian Kelsey and club owner Joshua Smith with violating multiple campaign finance laws as part of a conspiracy to benefit Kelsey’s 2016 campaign for Congress. Smith owns The Standard, an elite Nashville club that also operates its own state PAC. There, the investigators allege, they illegally funneled money into Kelsey’s campaign on one occasion at a private dinner through the club’s PAC. A watchdog group filed an FEC complaint saying Kelsey and others may have been involved in illegal straw donations, inappropriate coordination, and other possible wrongdoing.
Texas – Gov. Greg Abbott’s Pick for Top Texas Election Post Worked with Trump to Fight 2020 Results
Texas Tribune – James Barragán and Patrick Svitek | Published: 10/21/2021
Gov. Greg Abbott appointed John Scott, an attorney who briefly represented former President Trump in a lawsuit challenging the 2020 election results in Pennsylvania, as Texas’ new secretary of state. Scott would oversee election administration in Texas, a task complicated in by baseless claims of widespread election fraud from Republicans in the highest levels of government, fueled by Trump. Scott will eventually have to be confirmed by the Legislature, which is not scheduled to meet again until 2023. Until then, Scott will serve as interim secretary of state and will oversee next year’s statewide races, in which Abbott will run for reelection.
Texas – Texas Abortion Law Model Could Spread to Guns, Free Speech, Supreme Court Is Told
MSN – Todd Ruger (Roll Call) | Published: 10/28/2021
The U.S. Supreme Court faces arguments that a novel enforcement scheme Texas created for its abortion law could be used by states to neutralize other constitutional rights related to guns, protests, campaign finance, and more. The warning comes from not only the Justice Department and the abortion providers that have challenged the law but also constitutional scholars, states, former prosecutors, and law enforcement officials and a California-based nonprofit group that pushes for gun rights.
Texas – Texas GOP Lawmaker Launches Investigation of Books on Race and Sexuality Used in School Districts
MSN – Mariana Alfaro (Washington Post) | Published: 10/27/2021
A Texas Republican lawmaker launched an investigation into some of the state’s school districts’ libraries, demanding in a letter that educators say whether their schools own books named in a list of 850 titles, many of which cover issues of race and sexuality. Rep. Matt Krause, who is running for state attorney general, sent the letter as part of his role as chairperson of the House Committee on General Investigating. Sarah Spurrier, a high school social studies teacher, said she does not teach critical race theory in her classes, because that is a concept she first heard of this summer, when it became a conservative talking point.
Texas – Texas GOP Lt. Gov. Patrick Offered $25,000 for Election-Fraud tips. The First Payout Was for a Republican’s Illegal Vote.
MSN – Julian Mark (Washington Post) | Published: 10/22/2021
Three days after the 2020 presidential election was called for Joe Biden, and as then-President Trump took to Twitter and falsely claimed tens of thousands of votes were cast illegally, Texas Lt. Gov. Dan Patrick said he would reward a minimum of $25,000 to tipsters who uncovered credible instances of voter fraud. Now Patrick has given out his first reward to Eric Frank, a Democratic poll worker from Pennsylvania whose tip led to the recent conviction of a registered Republican who cast a second vote in his son’s name last November.
Virginia – An Army of Poll Watchers – Many Driven by GOP’s ‘Election Integrity’ Push – Turns Out Across Virginia
MSN – Meagan Flynn and Shawn Boburg (Washington Post) | Published: 10/27/2021
In Virginia, the Republican Party’s “election integrity” push has driven an influx of election observers in this year’s gubernatorial race. In some trainings, prospective poll watchers have been taught to see themselves as a bulwark against election fraud. But while many registrars said they welcomed the poll watchers’ commitment to transparency, some tactics have made election officials uneasy because it is clear former President Trump’s claims of mass voter fraud have driven much of the interest, said Fairfax County General Registrar Scott, creating a created a sense among some staff members the observers do not trust them.
Virginia – Virginia’s Redistricting Commission’s Failure to Transcend Partisanship Has Lessons for Other States, Critics Say
MSN – Meagan Flynn (Washington Post) | Published: 10/25/2021
Last year, Virginia voters approved a bipartisan commission to take politics out of redistricting. This year, blowing past deadlines to deliver new state and congressional maps, the Virginia Redistricting Commission failed to reach agreement on any maps, with time running out to reconvene. It marks a stunning departure from the type of redistricting overhaul voters sought when they approved the commission. While voters and advocates hoped to end gerrymandering, instead what they got was a stalemate, as commissioners gridlocked along party lines almost every step of the way.
October 27, 2021 •
Wednesday’s LobbyComply News Roundup
Campaign Finance Iowa: “Des Moines Schools’ Superintendent’s Wife Donated to School Board Candidate’s Campaign” by Samantha Hernandez (Des Moines Register) for MSN New York: “Rep. Espaillat Campaign Paid Thousands to Online Influencers Who Delivered Flattering Posts” by Claudia Irizarry Aponte […]
Campaign Finance
Iowa: “Des Moines Schools’ Superintendent’s Wife Donated to School Board Candidate’s Campaign” by Samantha Hernandez (Des Moines Register) for MSN
New York: “Rep. Espaillat Campaign Paid Thousands to Online Influencers Who Delivered Flattering Posts” by Claudia Irizarry Aponte for The City
Ethics
National: “Fed to Ban Policymakers from Owning Individual Stocks, Restrict Trading Following Controversy” by Jeff Cox for CNBC
California: “Huizar Seeks to Gut Corruption Case, Says Alleged $1.5 Million in Gifts Were Not Bribes” by Michael Finnegan and David Zahniser (Los Angeles Times) for Yahoo News
Lobbying
National: “Facebook Staff Complained for Years About Their Lobbyists’ Power” by Emily Birnbaum (Politico) for Yahoo News
Colorado: “New Redistricting Lobbying Complaint Targets Latino Advocacy Group” by Evan Wyloge (Colorado Springs Gazette) for Denver Gazette
Pennsylvania: “Pennsylvania Lawmakers Get Started on Bills Restricting Lobbyists” by Marc Levy (Associated Press) for Pittsburgh Post-Gazette
Redistricting
Virginia: “Virginia’s Redistricting Commission’s Failure to Transcend Partisanship Has Lessons for Other States, Critics Say” by Meagan Flynn (Washington Post) for MSN
October 22, 2021 •
News You Can Use Digest – October 22, 2021
National/Federal Advocates Worry Biden Is Letting U.S. Democracy Erode on His Watch MSN – Ashley Parker, Tyler Pager, and Amy Gardner (Washington Post) | Published: 10/16/2021 Voting rights advocates meet once every week or two with White House officials via video […]
National/Federal
Advocates Worry Biden Is Letting U.S. Democracy Erode on His Watch
MSN – Ashley Parker, Tyler Pager, and Amy Gardner (Washington Post) | Published: 10/16/2021
Voting rights advocates meet once every week or two with White House officials via video conference, and in almost every session, an advocate speaks up to say President Biden must do more, that American democracy is under threat and the president is not meeting the challenge. In the nine months since Biden took office, GOP officials throughout the country have baselessly challenged the 2020 results, conducting clumsy audits. States have restricted voting and have changed their procedures to allow political influence over elections. Many in Trump’s camp have taken to lauding the deadly January 6 attack on the Capitol.
As Some Black Staff Members Leave Congress, Those Who Remain Call for Change
New York Times – Aishvarya Kavi | Published: 10/17/2021
Black staff members in Congress are sounding the alarm on a “painful” two years, including the coronavirus pandemic and the January 6 attack on the Capitol, they say have exacerbated the challenges they face in pursuing a career on Capitol Hill. Two congressional staff associations called for better pay and “a stronger college-to-Congress pipeline” to recruit Black graduates. They also urged voters to push lawmakers to diversify their staff. Published on behalf of more than 300 Black staffers, the letter offers a glimpse at the experiences of those who work behind the scenes drafting policy, interacting with constituents, and advancing agendas.
As Trump Thunders About Last Election, Republicans Worry About the Next One
Yahoo News – Jeremy Peters (New York Times) | Published: 10/18/2021
The Republican Party’s ambitions of ending unified Democratic control in Washington in 2022 are colliding with a considerable force that can sway tens of millions of votes: former President Trump’s increasingly vocal demands that members of his party remain in a permanent state of obedience, endorsing his false claims of a stolen election or risking his wrath. “If we don’t solve the Presidential Election Fraud of 2020, Republicans will not be voting in ’22 or ’24. It’s the single most important thing for Republicans to do.,” Trump said in a recent statement.
David Cameron Cleared Over Unregistered Lobbying on Work for US Biotech Group
Financial Times – Jasmine Cameron-Chileshe | Published: 10/20/2021
Former United Kingdom Prime Minister David Cameron was cleared by the lobbying regulator over whether he should have registered as a consultant lobbyist while working with biotechnology group Illumina. OpenDemocracy reported that Cameron, who is a paid adviser for Illumina, met the then vaccines minister Nadhim Zahawi just months after the company was granted £870,000 of contracts with Public Health England. The registrar assessed four pieces of communication by the former prime minister, which included text messages referencing Illumina that were sent in 2021 to Zahawi.
Drain the Swamp? This Guy’s Trying to Fill It.
Yahoo News – Hailey Fuchs (Politico) | Published: 10/15/2021
Ivan Adler is a recruiter who specializes in plucking lawmakers and staffers off Capitol Hill or elsewhere in government and placing them into jobs on K Street in trade associations, corporations, law practices, and lobbying firms. There are other lobbyist recruiters in Washington, but few, if any, do it with as much bravado as Adler. His name is well-known among lawmakers who are leaving their posts for jobs in the private sector. Adler said he is so plugged in that he is sometimes among the first to know a member of Congress is contemplating whether to seek reelection.
FBI Searches D.C., NYC Homes Connected to Russian Oligarch Oleg Deripaska
MSN – Devlin Barrett, Spencer Hsu, and Rosalind Helderman (Washington Post) | Published: 10/19/2021
FBI agents searched homes connected to sanctioned Russian oligarch Oleg Deripaska, one in Washington, D.C. and one in New York City, as part of an unspecified criminal investigation into the activities of a man who has not set foot on U.S. soil in years. His name came up repeatedly in recent investigations involving Russia and Donald Trump’s 2016 presidential campaign. Deripaska is a billionaire and has long been a key ally of Russian President Vladimir Putin. He also did business for years with Paul Manafort, Trump’s onetime campaign chairperson, although he and Deripaska eventually had a falling out.
Fed Ethics Office Warned Officials to Curb Unnecessary Trading During Rescue
New York Times – Jeanna Smialek | Published: 10/21/2021
As the Federal Reserve was taking steps to shore up financial markets at the onset of the pandemic last year, its ethics office sent out a warning. Officials might want to avoid unnecessary trading for a few months as the Fed dived deeper into markets, the Board of Governors’ ethics unit suggested in an email, a message that was passed along to regional bank presidents. But the recommendation did not go far enough to prevent a trading scandal that is now engulfing the Fed and being leveraged against its chair, Jerome Powell, as the White House mulls whether to reappoint him before his leadership term expires early next year.
House Jan. 6 Panel Votes to Hold Ex-Trump Advisor Stephen Bannon in Contempt
Yahoo News – Del Quentin Wilber (Los Angeles Times) | Published: 10/19/2021
A congressional committee investigating the January 6 attack on the U.S. Capitol voted to hold former Trump advisor Stephen Bannon in contempt for not cooperating with its inquiry, a significant escalation in the panel’s efforts to get answers about the insurrection from the political operative. Former President Trump has told allies not to cooperate with the inquiry. Bannon helped run Trump’s 2016 campaign and served briefly in the White House but was a private citizen in the run-up to the insurrection. If the full House votes to endorse the resolution, Bannon will be referred to the Justice Department for possible prosecution.
K Street Revenues Boom
MSN – Karl Evers-Hillstrom (The Hill) | Published: 10/20/2021
The leading K Street firms continue to rake in record sums of cash as corporate clients push their chips in to influence President Biden’s ambitious domestic agenda. Companies and trade associations, fighting to stave off corporate tax hikes and other Democratic proposals to reshape sections of the economy, are leaning on lobbyists who have cultivated close relationships with congressional leaders and Biden administration officials. Nearly all the top lobbying firms increased their third-quarter revenue over the same period last year.
Lobbying Groups’ Effectiveness Hits New High This Year: Study
MSN – Karl Evers-Hillstrom (The Hill) | Published: 10/19/2021
Trade associations are finding unprecedented success in influencing policymakers this year. An APCO Worldwide study surveyed 322 congressional staffers, executive branch officials, and private sector executives, and reported trade groups are having their best year since APCO started tracking their effectiveness in 2013. That finding comes after trade groups launched extensive lobbying campaigns to influence Democrats’ coronavirus stimulus package, the bipartisan infrastructure bill, and the $3.5 trillion social spending plan. Their efforts are bolstered by Democrats’ thin majorities and divisions between the party’s moderates and progressives.
Nebraska GOP Rep. Fortenberry Indicted
MSN – Hailey Fuchs and Olivia Beavers (Politico) | Published: 10/19/2021
A federal grand jury indicted U.S. Rep. Jeff Fortenberry, alleging he concealed information and made false statements to authorities. The Justice Department said Fortenberry repeatedly lied to and misled authorities during an investigation into illegal contributions to his reelection campaign that were made by a Nigerian-born billionaire, Gilbert Chagoury. The charges against Fortenberry emerged from a case against Chagoury, who under federal law cannot contribute to U.S. elections but admitted to providing approximately $180,000 to make campaign donations.
Political Nonprofit Fundraising Off Breast Cancer Has Deep Ties to Scam PAC Networks
Center for Responsive Politics – Roger Sollengberger and Anna Massoglia | Published: 10/15/2021
Although it sounds like a noble charity, the American Breast Cancer Coalition (ABCC) is a political group and rather than trying to address breast cancer, it appears to be a scheme to extract millions of dollars in donations, mostly from small donors. In recent robocalls, a female voice claims the goal of the group’s fundraising is to “support legislators who will fight for the fast-track approval of life saving breast cancer health bills and breast cancer treatment drugs to the FDA.” But IRS records tell a different story, revealing payments to firms with ties to a multimillion-dollar “scam PAC” network.
Staffers Keep Clashing Over Masks in the Capitol Hallways
MSN – Chris Cioffi (Roll Call) | Published: 10/21/2021
One congressional staffer said he almost always wears a mask at work. His closest colleagues do too. But everywhere the Democrat looked recently, bare faces rushed by, ignoring the signs: “Use of face covering is required.” Some staffers say they feel trapped in a never-ending proxy war, squabbling over masks as larger partisan tensions rage in Congress. Nineteen months into the pandemic, masks are still much more than simple pieces of fabric and that is especially true when you work on Capitol Hill, in the heart of political Washington, D.C.
From the States and Municipalities
Arizona – ‘Down the Rabbit Hole’: Arizona GOP goes full fringe
MSN – David Siders (Politico) | Published: 10/20/2021
As the Republican Party hardens around its fealty to former President Trump, the Arizona GOP is filling up its midterm ballot with a roster of conspiracy theorists and extremists that could threaten the party’s prospects in a state that has drifted leftward in recent elections. The latest of those candidates is Ron Watkins, a celebrity in the QAnon conspiracy world suspected of being Q, who announced his plans to run for Congress recently. It is not just that Watkins embraces the baseless claim the November election was stolen. It is that an entire ticket is running on that falsehood now.
California – California #MeToo Leaders Say Capitol’s Sexual Harassment Unit Is Too Close to the Legislature
MSN – Hannah Wiley (Sacramento Bee) | Published: 10/18/2021
A network of activists called We Said Enough launched in October 2017 with a Los Angeles Times op-ed that called out a “pervasive” culture of abusive behavior by men in California’s institutions of power. More than 140 women, including several lawmakers and party leaders, signed the letter. In the following months, three lawmakers resigned amid public sexual misconduct allegations and investigations. The Capitol responded to the movement by setting up an independent review panel it dubbed the Workplace Conduct Unit to field new complaints. Activists say problems still persist.
California – California Board Diversity Requirements Face Legal Challenge
MSN – Ellen Myers (Roll Call) | Published: 10/14/2021
California, one of the first states to require companies to include women on their boards of directors, may see its ability to enforce director diversity laws upended depending on the outcome of multiple lawsuits. One of those lawsuits is a complaint from three California taxpayers over enforcement of Senate Bill 826, which requires public companies with principal executive offices in the state to incrementally increase the number of women on their boards. It will head to trial on October 25.
California – Top California Labor Official and Husband Accused of Grand Theft, Embezzlement and Tax Evasion
MSN – Taryn Luna (Los Angeles Times) | Published: 10/13/2021
The top staff member at California’s largest labor union resigned after she and her husband were charged with felonies including tax fraud. Alma Hernandez served as executive director for SEIU California since 2016. Hernandez faces two charges of grand theft and one of perjury for her work as treasurer on a 2014 political committee supporting a state Senate candidate. The complaint alleges she directed nearly $12,000 in campaign money to her husband for campaign food services that he never provided. That political committee received numerous contributions from the SEIU California’s political arm.
Colorado – Colorado County Clerk Who Embraced Conspiracy Theories Is Barred from Overseeing Elections
MSN – Emma Brown (Washington Post) | Published: 10/13/2021
A Colorado judge prohibited Mesa County Clerk Tina Peters from overseeing this November’s election. The effort by Peters to ferret out supposedly hidden evidence of fraud in the 2020 election amounted to an escalation in the attacks on the nation’s voting systems, according to experts. Secretary of State Jena Griswold filed a lawsuit seeking to strip Peters of her election duties after passwords for Mesa County’s voting machines were posted online and copies of the hard drives were presented at a symposium hosted by MyPillow executive Mike Lindell, who denies President Biden won the 2020 election.
Connecticut – Guilty Plea Entered in State Senate Election Fraud Case
MSN – Associated Press | Published: 10/20/2021
A former campaign worker for a state Senator in Connecticut pleaded guilty to federal charges she conspired to fraudulently obtain public funds for the senator’s 2018 legislative campaign. Tina Manus worked on the campaign of Sen. Dennis Bradley, who is awaiting trial on charges his campaign ran a scheme to make it look as though he qualified for funds to which he was not entitled. Manus pleaded guilty to one count of conspiracy to commit wire fraud and agreed to cooperate in the investigation.
Connecticut – State Rep. Michael DiMassa Arrested by FBI in Probe of Misuse of COVID Relief Funds, Accused of Stealing More Than $600,000
MSN – Edmund Mahoney (Hartford Courant) | Published: 10/20/2021
Connecticut Rep. Michael DiMassa was arrested, accused of stealing more than $600,000 in federal COVID relief money by billing the city of West Haven, where he also worked as an aide to the city council, for pandemic related consulting services that federal officials said he never performed. Federal prosecutors said a portion of the alleged thefts appear to correspond with DiMassa’s purchase of tens of thousands of dollars in gambling chip at the Mohegan Sun Casino.
Florida – ‘It Gets Complicated’: Inconsistencies emerge when commissioners declare conflicts of interest
Tallahassee Democrat – Jeff Burlew | Published: 10/20/2021
Citing actual or apparent conflicts-of-interest, Leon County and Tallahassee city commissioners refrained from voting on issues big and small, from COVID-19 relief efforts to legal fees and development minutia. An investigation based on voting conflict forms and other public records found commissioners were sometimes inconsistent as they navigated what remains a complicated and grey area of the law. They often relied on an exemption in state statutes allowing them to abstain for mere appearances of a possible conflict-of-interest, though that provision is supposed to be applied narrowly.
Illinois – Chicago Sky Owner Michael Alter Agrees to Pay Fine for Lobbying Mayor Lori Lightfoot
MSN – Gregory Pratt (Chicago Tribune) | Published: 10/20/2021
Chicago Sky owner Michael Alter will pay a $5,000 fine to the city after the ethics board sanctioned him for unregistered lobbying of Mayor Lori Lightfoot. Alter argued earlier this year that the board was wrong to fine him for unregistered lobbying after The Chicago Tribune obtained emails showing he asked Lightfoot for help gaining a gambling license. But he has since reversed course and agreed to pay the fine.
Illinois – Indicted Former City Club President Fined $75K by Ethics Board for Violating Lobbying Rules
WTTW – Heather Cherone | Published: 10/19/2021
Jay Doherty, the former head of the City Club of Chicago, was fined $75,000 by the Chicago Board of Ethics for violating the lobbying law. An investigation concluded Doherty “violated the ordinance on three occasions by lobbying on behalf of entities for which the individual had not duly registered as a lobbyist, and on four occasions lobbied but failed to properly report that lobbying activity as required on the quarterly lobbying activity reports.” Doherty has pleaded not guilty to charges that accused him of being part of a scheme to reward those loyal to former House Speaker Michael Madigan with money and jobs in exchange for Madigan’s support.
Illinois – Three-Judge Panel Declares Illinois Legislative Redistricting Plan Unconstitutional
Courthouse News Service – Dave Byrnes | Published: 10/20/2021
A three-judge panel declared Illinois’ June 2021 state legislative redistricting unconstitutional, in a rebuke to the Legislature’s Democratic-controlled State Board of Elections. A lawsuit alleged that, as the redistricting plan was based on preliminary 2015-2019 state population estimates made by the U.S. Census Bureau’s American Community Survey and not the official 2020 Census results, it violated the equal protection clause of the Fourteenth Amendment. The judges said the redistricting plan apportions state legislative districts in such a way that some districts are severely under-populated, while others are severely over-populated.
Louisiana – Gary Smith Sr. Files Ethics Disclosure on Debris Deals, the First Such Disclosure in Years
New Orleans Advocate – Sam Karlin | Published: 10/18/2021
The father of state Sen. Gary Smith Jr. filed an ethics disclosure for debris-staging contracts worth more than $105,000, the first such disclosure anyone has made to the Louisiana Board of Ethics in six years. The Smith family owns a network of companies that has long made money off hurricane work. After Katrina in 2005, one of the companies won a controversial FEMA deal to provide trailers for more than $100 million. It is not clear why such disaster contract disclosures are so rare.
Maine – Maine Ethics Watchdog Turn Back CMP Allies’ Request to Investigate Corridor Foe
Bangor Daily News – Caitlin Andrews | Published: 10/15/2021
The state’s ethics commission rejected a request from Central Maine Power Co. allies to investigate a top opponent of their $1 billion corridor project, Sandra Howard, who leads the nonprofit Say No to NECEC, over a large contribution from a political group she runs to a nonprofit she also runs. The vote means the commission will not investigate the anti-corridor side during the last weeks of a referendum campaign that has drawn more than $60 million in spending.
Massachusetts – Grand Jury Is Said to Have Heard Testimony About Potential Campaign Finance Violations by MassGOP Head, Republican State Senator
MSN – Emma Platoff (Boston Globe) | Published: 10/18/2021
A state grand jury has heard testimony about potential campaign finance violations by the head of the Massachusetts Republican Party and a state senator, according to a person who received a subpoena and spoke before the panel. Sources said the probe appears focused on GOP Chairperson Jim Lyons, Sen. Ryan Fattman, and his wife, Worcester County’s register of probate, Stephanie Fattman. In April, campaign finance regulators told state prosecutors the Republicans might have violated campaign finance laws. The work of the grand jury would mark an escalation in the probe and suggests authorities are pursuing it as a criminal matter.
Massachusetts – High-Powered Lobbying Firm Arrives in Boston Touting Ties to Labor Secretary Martin Walsh
MSN – Neya Thanikachalam (Boston Globe) | Published: 10/15/2021
An influential national lobbying firm opened a Boston location touting a potentially valuable advantage – connections to former mayor and current U.S. Labor Secretary Martin Walsh. Ballard Partners said its new location will be headed by Eugene O’Flaherty, the former city attorney under Walsh. O’Flaherty, who joined Ballard Partners days after Walsh was confirmed, has lobbied the Labor Department on behalf of at least eight clients. Virginia Canter, the chief ethics counsel for Citizens for Responsibility and Ethics in Washington, suggested Walsh make his calendar public to show he was not prioritizing lobbyists’ agendas.
Michigan – Michigan SOS Must Release Documents on Deal with Pro-Whitmer Group, Court
Detroit News – Craig Mauger | Published: 10/18/2021
Michigan Secretary of State Jocelyn Benson’s office must release more internal records on how it handled campaign finance violations by a group that backed Gov. Gretchen Whitmer’s election in 2018. Court of Claims Judge Christopher Murray ruled the secretary of state’s office had improperly withheld some documents in response to a public records request by the conservative group Michigan Rising Action. The ruling could shed light on the behind-the-scenes discussions that led to Build a Better Michigan agreeing to a $37,500 settlement.
Michigan – Whitmer’s Campaign Might Have to Return Excess Contributions Soon, Filing Says
Detroit News – Craig Mauger | Published: 10/15/2021
Gov. Gretchen Whitmer’s reelection campaign could have to return or donate $3.4 million in excess contributions it collected outside the state’s normal donor limits as soon as January, according to a new court filing on behalf of Secretary of State Jocelyn Benson. The filing came in response to the Michigan Republican Party’s lawsuit in federal court, challenging the Democratic governor’s use of a decades-old state policy on recalls to garner large contributions, above the normal $7,150 limit on individual donors, to bolster her reelection campaign account.
Missouri – Missouri Governor Accuses Journalist Who Warned State About Cybersecurity Flaw of Criminal ‘Hacking’
MSN – Elahe Izade (Washington Post) | Published: 10/15/2021
Missouri Gov. Mike Parson lashed out at the St. Louis Post-Dispatch after the newspaper informed the state of a data risk that left 100,000 Social Security numbers vulnerable to public disclosure. Parson said the Cole County prosecutor and the Missouri Highway Patrol would investigate the matter. He said the news outlet that uncovered and reported the vulnerability would be held accountable. The governor said the “”ndividual” who alerted the Department of Elementary and Secondary Education was attempting to “embarrass the state and sell headlines for their news outlet.”
Nevada – State Ethics Panel: Bonnie Weber didn’t break law over quarterly meetings with developers
MSN – James DeHaven (Reno Gazette-Journal) | Published: 10/20/2021
Reno City Councilperson Bonnie Weber did not break the law by hosting a series of “summits” with prominent developers. The Nevada Commission on Ethics dismissed a complaint that accused Weber of improperly using public funds to entertain city developers at the Bonanza Casino. The complaint also alleged at least one other city employee joined Weber for the quarterly meeting. Commissioners gave the city three months to come up with rules that “adequately address” situations where city staff are asked to work at closed-door events organized by an elected official.
New York – Top Brass Head for Exits as Chaos Engulfs NYC Consulting Firm
MSN – Sally Goldenberg (Politico) | Published: 10/14/2021
One of New York’s leading lobbying and consulting firms is in disarray, feuding with its corporate owner as top executives head for the exits. Mercury Public Affairs, a global company that has been embroiled in litigation against parent company Omnicom Medias Group in California, is now facing an exodus of key personnel in New York City as they prepare to battle Omnicom’s mandated noncompete requirements for departed staff. At issue in New York is Omnicom’s insistence on restrictive covenants that stipulate departed staffers cannot continue to represent the firm’s clients or work together for at least a year.
New York – Trump Organization, Already Under Indictment, Faces New Criminal Inquiry
New York Times – William Rashbaum and Ben Protess | Published: 10/20/2021
Former President Trump’s business, which is under indictment in Manhattan, is facing a criminal investigation by another prosecutor’s office that has begun to examine financial dealings at a golf course the company owns, according to people with knowledge of the matter. The district attorney’s office in Westchester County, New York, subpoenaed records from the course, Trump National Golf Club Westchester, and the town of Ossining, which sets property taxes on the course. The district attorney appears to be focused, at least in part, on whether the Trump Organization misled local officials about the property’s value to reduce its taxes.
Ohio – Stow Councilwoman Faces Ethics Charge Over Failure to File Financial Statement
MSN – Krista Kano (Akron Beacon Journal) | Published: 10/20/2021
The Ohio Ethics Commission is pursuing legal action against Stow City Councilperson Christina Shaw for failure to file a required financial disclosure statement in 2019. An arraignment is scheduled where Shaw is to be charged with a fourth-degree misdemeanor. Commission spokesperson Susan Willeke said the commission generally grants extensions and “going to court isn’t necessarily the first step.”
Pennsylvania – PA Lawmakers Spend Millions of Tax Dollars on Private Lawyers, but Often Don’t Reveal Why
MSN – Angela Couloumbis (Spotlight PA) and Sam Janesch (The Caucus) | Published: 10/12/2021
The Pennsylvania Legislature spent nearly $10 million during the past two years on private lawyers but routinely shielded the purpose of those expenses, hiding which lawmakers and their staff members required representation and why. A review of thousands of pages of legal invoices and engagement letters from 2019 and 2020 shows the cases ranged from public records fights to attempts to overturn last year’s presidential election. In many instances, Republicans and Democrats in both chambers blacked out the reason for hiring lawyers, flouting case law that requires them to make public those details. Other records were so vague it was impossible to identify the reason for the representation.
Virginia – New Political Ad Strategy in Virginia: Promoting news articles in Google search results
MSN – Karina Ellwood (Washington Post) | Published: 10/18/2021
Google ads purchased by Virginia gubernatorial candidate Terry McAuliffe’s campaign feature links to news and opinion articles about his opponent, Glenn Youngkin. The ads show up at the top of search results for keywords such as “Glenn Youngkin,” and include a disclosure that they are advertisements, as well as an additional tag required for political advertisements indicating they are paid for by the McAuliffe campaign. But the ads include titles written by the campaign, which are subtly different from the original search engine headlines written by the publications and appear in the same format as a headline would appear in a search result.
Washington – Facebook Provided False Testimony in Campaign Transparency Lawsuit, Washington Attorney General Says
Seattle Times – Daniel Gutman | Published: 10/13/2021
Washington Attorney General Bob Ferguson said a Facebook representative provided false testimony in a lawsuit that accuses the company of violating state campaign finance laws. Ferguson says both the company and its attorneys knew the testimony was false. Ferguson sued Facebook last year, alleging it has “repeatedly and openly” violated disclosure laws by selling political ads without providing required details of the spending. The company has argued Washington’s laws are unconstitutional and violate both free speech protections and the Commerce Clause, which gives Congress the power to regulate interstate commerce.
Washington DC – D.C. Housing Authority Board Chair Steps Down Amid Questions Over Conflicts of Interest
MSN – Marissa Lang, Michael Brice-Saddler, and Steve Thompson (Washington Post) | Published: 10/20/2021
Neil Albert, who has for the last four years served as the chair of the District of Columbia Housing Authority’s board of commissioners, resigned amid questions over alleged conflicts-of-interest. Mayor Muriel Bowser has asked the Board of Ethics and Government Accountability to look further into allegations made in recent news reports that Albert did not properly disclose his romantic partnership with the chief executive of an architectural firm that has worked with authority.
Wisconsin – Calls Intensify to End Wisconsin’s Election Review Amid Blunders by Ex-Judge in Charge
MSN – Elise Viebeck (Washington Post) | Published: 10/14/2021
After a series of blatant errors, Michael Gableman, the former judge leading the Republican review of the state’s 2020 presidential election, admitted he does not have “a comprehensive understanding or even any understanding of how elections work.” The latest round of reversals and blunders is intensifying calls to end the probe, one of several recent efforts around the country to revisit Joe Biden’s win in states where former President Trump and his supporters have leveled baseless accusations of voter fraud.
October 15, 2021 •
News You Can Use Digest – October 15, 2021
National/Federal Activists Try to Keep Up Pressure to Pass Elections and Voting Bills MSN – Kate Ackley (Roll Call) | Published: 10/13/2021 Groups pushing for voting rights and elections legislation in the U.S. Senate are planning a sustained campaign over the […]
National/Federal
Activists Try to Keep Up Pressure to Pass Elections and Voting Bills
MSN – Kate Ackley (Roll Call) | Published: 10/13/2021
Groups pushing for voting rights and elections legislation in the U.S. Senate are planning a sustained campaign over the coming weeks, aiming to put the issue top of mind for Democrats, even as other matters have dominated in the chamber. A broad coalition of liberal organizations will organize regular demonstrations outside the White House, other rallies, and a multimodal relay from West Virginia to the U.S. Capitol. The effort is part of a push to keep the measures high on the agenda as negotiations over a reconciliation package, an infrastructure bill, and raising the nation’s debt limit have taken center stage.
Big Tech Sweeps Up Hill Staffers – Just When Congress Needs Them the Most
MSN – Emily Birnbaum and John Hendel (Politico) | Published: 10/12/2021
Silicon Valley and the telecommunications industry are snatching up some of the top Democratic policy experts on Capitol Hill just as Congress gears up for fights with the companies. The brain drain has seen more than a dozen senior Democratic tech and telecom policy staffers leaving their posts this year, with many taking lobbying roles at powerhouses including Facebook, Verizon, and Apple. They are leaving members’ personal offices as well as the Senate and House committees that oversee agencies like the Federal Trade Commission, along with topics like broadband, online speech, and data privacy.
‘Cannot Wait for Washington:’ How voting rights activists are navigating new restrictions ahead of November elections
WRAL – Fredrika Schouten, Dianne Gallagher, and Wesley Bruer (CNN) | Published: 10/11/2021
In states from Georgia to Montana, activists are scrambling to help voters navigate the new restrictions passed largely in Republican-controlled states after record turnout in 2020 helped elect Joe Biden and flipped control of the U.S. Senate to Democrats. Nineteen states have passed 33 new laws this year to restrict voting. But some of the most extensive changes are clustered in just a handful. Four states – Iowa, Georgia, Florida, and Texas – enacted sweeping revisions of their existing laws, bundled together in single omnibus bills.
Dozens of States Have Tried to End Qualified Immunity. Police Officers and Unions Helped Beat Nearly Every Bill.
MSN – Kimberly Kindy (Washington Post) | Published: 10/7/2021
In the months after George Floyd’s murder, state legislators across the country tried to undo a legal doctrine that makes it virtually impossible to sue police officers for violating a person’s civil rights. But then, in state after state, the bills withered, were withdrawn, or were altered beyond recognition. At least 35 state “qualified-immunity” bills have died in the past 18 months. The efforts failed amid multifaceted lobbying campaigns by police officers and their unions targeting lawmakers.
Giuliani Associates Face Trial in Campaign Finance Scheme
Yahoo News – Tom Hays and Larry Neumeister (Associated Press) | Published: 10/11/2021
Lev Parnas, a Soviet-born businessperson, and a co-defendant, Ukraine-born investor Andrey Kukushkin, are accused of making illegal campaign contributions to American politicians to further their business interests. Igor Fruman, who has pleaded guilty in the case, and Parnas initially caught the attention of investigators after making big donations through a corporate entity to Republican political committees, including a $325,000 donation in 2018 to America First Action, a super PAC supporting Donald Trump. The pair then became middlemen in Rudolph Giuliani’s effort to discredit then-candidate Joe Biden.
‘Scam’ Political Groups Try New Trick – and Rake in Millions
Daily Beast – Roger Sollenberger | Published: 10/11/2021
A network of shady political groups at the center of a new class action lawsuit for bilking donors out of tens of millions of dollars appears to be attempting a legal work-around to continue pulling in the money and evading government scrutiny. The 17 groups in the network bear the tell-tale signs of “scam PACs,” entities which present themselves to donors as nonprofit charities but register as political groups with the government. The loophole allows the groups to operate in a gray zone outside the reach of the different federal agencies that regulate nonprofits and political organizations.
The Imminent Impact of Redistricting: Sharper partisan elbows, less compromise by both sides in the House
MSN – Colby Itkowitz (Washington Post) | Published: 10/9/2021
Redistricting is getting started around the country, but the first maps released suggest a coming decade of even more deeply entrenched partisanship for Congress. Most House lawmakers already represent solidly partisan constituencies. Every two years, party control is determined by the outcome of only a few dozen seats. Next year, Republicans need to flip only a handful of seats to wrest power away from Democrats. Of the country’s 435 congressional districts, Donald Trump or President Biden won just 50 of them by five or less percentage points. Those swing districts could be reduced by at least a third after redistricting, experts estimate.
Trump Hotel Lost $70M Despite Millions in Foreign Business
Yahoo News – Bernard Condon (Associated Press) | Published: 10/8/2021
Despite the Republican-paid political events and bar tabs from lobbyists, foreign dignitaries, and other supporters of Donald Trump, the Trump International Hotel in Washington, D.C. lost an estimated $74 million between 2016 and 2020. The tally came from Trump’s own auditors, showing losses that generally increased through his tenure in the White House. The new account of revenues and losses at the hotel was released as House Democrats push the Biden administration to turn over additional documents to determine if Trump broke federal rules by continuing to operate the hotel through his family while serving as president.
White Tiger and Cheetah Furs: A mess of Trump gift exchanges
MSN – Michael Schmidt (New York Times) | Published: 10/11/2021
Gift exchanges between the U.S. and foreign leaders, a highly regulated process intended to shield administrations from questions of impropriety, devolved into sometimes absurd shambles during the Trump administration. Former President Trump’s handling of foreign gifts is not at the top of his critics’ list of his offenses, and there is no evidence he or Melania Trump took any gifts to which they were not entitled. But ethics experts said the problems reflected larger issues with the Trump presidency.
From the States and Municipalities
Alaska – Alaska Campaign Regulator Confirms $38,500 Fine Against Bronson Campaign
Anchorage Daily News – James Brooks | Published: 10/11/2021
The Alaska Public Offices Commission (APOC) confirmed a $38,500 fine against Anchorage Mayor Dave Bronson’s election campaign for filing inaccurate campaign expenditure reports during a runoff election. According to APOC’s final order, the fine could have been higher, but commissioners declined to fine Bronson for failing to promptly return donations that were larger than the maximum allowed by law. That is because a three-judge panel on the U.S. Ninth Circuit Court of Appeals ruled many of the state’s maximum donation limits were unconstitutional.
Arizona – Lawmaker Takes Aim at Corp Comm Policy on Campaign Contributions by Utilities
Arizona Mirror – Jeremy Duda | Published: 10/11/2021
Attorneys for the Arizona Legislature believe a Corporation Commission policy intended to restrict campaign contributions by regulated utilities violates the state constitution, and the lawmaker who requested that opinion is hoping it will persuade the commission to change course for next year’s election. Commissioners cannot knowingly take contributions from regulated public service corporations, their lobbyists, employees, or officers, nor can they accept money from any intervenor in a case that is before the commission. The commission’s intention in passing the rule was to require commissioners to recuse themselves if they have taken money from people involved in cases they are hearing.
California – Former Officials Nuñez, Boxer and Villaraigosa Lead Exodus from Powerful Lobbying Firm
MSN – Seema Mehta and Melanie Mason (Los Angeles Times) | Published: 10/6/2021
Former prominent elected officials Fabian Nuñez, Barbara Boxer, and Antonio Villaraigosa led the mass resignations from one of California’s most powerful lobbying firms, Mercury Public Affairs. The departures are largely prompted by financial disputes. Nuñez filed a lawsuit that alleges Mercury’s parent company failed to live up to an agreement that would allow the group to grow its business around the world. Nuñez excoriates the company’s handling of a foreign nonprofit tied to former Trump campaign manager Paul Manafort that exposed Mercury to liability and public denouncement.
California – Gavin Newsom Signs Law Giving Journalists Unrestricted Access to Protests Closed by Police
MSN – Andrew Sheeler (Sacramento Bee) | Published: 10/9/2021
Police must allow journalists access to closed-off demonstrations and protests under a new law signed by California Gov. Gavin Newsom. The law requires that journalists be given unfettered access to closed-off protests, and prohibits law enforcement officers from assaulting, interfering, or obstructing journalists from covering such events. Sen. Mike McGuire argued while California law permitted journalists access to closed areas during emergencies and natural disasters, those protections did not extend to covering demonstrations, marches, protests, and rallies.
California – L.A. Councilman Mark Ridley-Thomas and Ex-USC Dean Indicted on Bribery Charges
MSN – Michael Finnegan, Matt Hamilton, and Harriet Ryan (Los Angeles Times) | Published: 10/13/2021
Los Angeles City Councilperson Mark Ridley-Thomas was indicted on federal charges for his role in an alleged bribery scheme that landed his son a professorship at the University of Southern California (USC). Prosecutors allege Ridley-Thomas helped direct funding and contracts to USC’s School of Social work while serving on the Los Angeles County Board of Supervisors. In exchange, his son, a former state lawmaker, was guaranteed graduate school admission and a paid teaching position by the school’s then-dean, Marilyn Louise Flynn.
Colorado – Colorado Secretary of State to Pursue Redistricting Lobbying Complaint Against GOP in Court
Denver Gazette – Evan Wyloge | Published: 10/13/2021
An effort to influence Colorado’s new independent redistricting process will end up being scrutinized by an administrative law judge after Secretary of State Jena Griswold announced her office intends to pursue claims of lobbying disclosure violations. Griswold said her office found reason to believe two Republican operatives working for a group called Colorado Neighborhood Coalition, former Colorado House Speaker Frank McNulty and former state lawmaker Greg Brophy, failed to properly register as redistricting lobbyists.
Delaware – Delaware State Auditor Kathy McGuiness Indicted on Two Felony Charges
MSN – Xerxes Wilson and Sarah Gamard (Delaware News Journal) | Published: 10/11/2021
Delaware Auditor Kathy McGuiness was indicted on criminal charges that she hired and supervised her daughter in a do-nothing state job, circumvented state contracting laws to divert taxpayer money to a political campaign group, and spied on and discriminated against employees who questioned her conduct. McGuiness faces two felony charges and several misdemeanors in the indictment, which appears to make her the first statewide elected official to be indicted on felony charges while holding office.
Georgia – Judge Dismisses Fulton County Ballot Review Case in Georgia
MSN – Kate Brumback (Associated Press) | Published: 10/12/2021
A judge dismissed a lawsuit alleging there were fraudulent ballots and improper ballot counting in Fulton County, Georgia’s most populous county, during the 2020 election. The suit sought a review of some 147,000 absentee ballots to see if any were illegitimate. Henry County Superior Court Chief Judge Brian Amero’s order dismissing the case says the voters who brought the lawsuit “failed to allege a particularized injury” and therefore lacked the standing to claim their state constitutional rights to equal protection and due process had been violated.
Georgia – Senate Candidate Herschel Walker Cancels Fundraiser After Uproar Over Donor’s Use of Vaccine-Needle Swastika in Profile
MSN – Mariana Alfaro (Washington Post) | Published: 10/12/2021
A fundraiser for Herschel Walker, a U.S. Senate candidate in Georgia, was canceled after its host was criticized for featuring an image that used a swastika made out of syringes on her Twitter profile. Bettina Sofia Viviano-Langlais, a Republican donor, was set to host a fundraiser for Walker in Texas. That specific rendering of the vaccine-needle swastika has been co-opted by activists nationwide who oppose coronavirus vaccine mandates and compare them to Nazi treatment of the Jews.
Illinois – Ex-CEO Pleads Guilty to Bribery Tied to Dorothy Brown’s Women’s History Month Program
Chicago Sun-Times – Jon Sedel | Published: 10/12/2021
The former chief executive officer of a Pennsylvania debt-collection company admitted making payments to support former Cook County Circuit Court Clerk Dorothy Brown’s Women’s History Month program to reward her for business he thought she steered his way. Donald Donagher Jr. pleaded guilty in federal court to one bribery count alleging he paid $869 in March 2014 to a company that provided plaques for the program. He also admitted he had $1,000 paid to a company that catered the event.
Indiana – Ex-Indiana Mayor Gets 21 Months in Prison for Seeking Bribe
MSN – Associated Press | Published: 10/13/2021
A former northwestern Indiana mayor who was convicted of taking a $13,000 bribe from a trucking company and illegal tax evasion was sentenced to 21 months in prison. A jury found former Portage Mayor James Snyder sought the bribe in return for steering about $1.1 million in city contracts to the company.
Indiana – ‘Room for Mischief’: Inside the secretive process to fill vacant seats without elections
MSN – Amelia Pak-Harvey and Kaitlin Lange (Indianapolis Star) | Published: 10/7/2021
U.S. Rep. Victoria Spartz got her start in politics working behind the scenes for the local county Republican Party. She used those connections to win her first office when a group of party insiders, not voters, selected her for an Indiana Senate seat over the more politically established candidates. At the time, Spartz had no experience or name recognition as an elected official, which would have made winning an election decided by voters more difficult. The 93 people responsible for Spartz’s critical journey to the statehouse were not every-day Hamilton County voters. They were a little-known facet of Indiana’s political system: precinct committee people, referred to in party lingo as “PCs.” And the public has no clue who most of them were.
Iowa – Democrats Edge Toward Dumping Iowa’s Caucuses as the First Presidential Vote
Portland Press Herald – Michael Scherer (Washington Post) | Published: 10/9/2021
Democrats’ disdain for Iowa’s first-in-the-nation presidential caucus has been rising for years. Now the day of reckoning for Iowa Democrats is fast approaching, as the national party starts to create a new calendar for the 2024 presidential nomination that could remove Iowa from its privileged position for the first time since 1972, when candidates started flocking to the state for an early jump on the race to the White House. The caucus has been damaged by high barriers to participation, a dearth of racial diversity, the rightward drift in the state’s electorate, and a leftward drift in the Democratic participants.
Iowa – Iowa Auditor Sued for Refusing to Release Emails About Rejected Accusation Against Gov. Kim Reynolds
MSN – Daniel Lathrop (Des Moines Register) | Published: 10/11/2021
Iowa’s Democratic state auditor is facing a lawsuit related to a controversial report he issued accusing Republican Gov. Kim Reynolds of violating ethics laws, claims a state ethics panel rejected. The Kirkwood Institute, a conservative public interest law firm, claims Rob Sand is violating the state’s open records law by withholding communications with an Associated Press reporter and a liberal blogger relating to the report. Kirkwood Institute President Alan Ostergren requested the records to determine whether Sand was using state resources for “private political gain” when his office alleged Reynolds had violated state ethics laws by appearing in state-funded ads promoting COVID-19 mitigation efforts.
Michigan – Detroit Council Approves Reforms to City’s Controversial Towing System
Detroit News – James David Dickson and George Hunter | Published: 10/12/2021
The Detroit City Council unanimously approved a series of changes in a bid to boost transparency and accountability in the city’s towing system. The vote came after years of controversy surrounding the city’s municipal towing operations and amid a federal probe that has entangled three council members this year and previously has resulted in criminal convictions of police officers who took bribes from towers. The action is one of multiple initiatives to revamp Detroit’s towing procedures.
New Jersey – Judge Was Wrong to Throw Out Bribery Case in Infamous Corruption Sting, Prosecutors Say
MSN – Ted Sherman (NJ Advance Media) | Published: 10/7/2021
A Superior Court judge was wrong when she threw out a bribery case against a former Bayonne mayoral candidate in what had been one of New Jersey’s biggest corruption operations in years, prosecutors said. The state attorney general’s office is seeking to reverse the dismissal of a criminal indictment against Jason O’Donnell. He had been charged with taking cash in exchange for promises of tax and real estate work if he won his election. The judge concluded O’Donnell committed no crime under the state’s corruption statutes, finding he had no influence to offer because he was not a public official when he was ensnared in the sting.
New Mexico – Annual Review of Campaign Finances Resumes in New Mexico
MSN – Morgan Lee (Associated Press) | Published: 10/9/2021
After a four-year hiatus, state election regulators have resumed spot-checks on campaign finance disclosures by politicians, candidates, and political committees, with 10 accounts referred to New Mexico’s fledgling State Ethics Commission and state prosecutors for possible enforcement action. The random sampling of campaign finance disclosures from the 2020 general election cycle taps into a newly deployed electronic campaign finance reporting system at the secretary of state’s office that reconciles an intricate web of campaign contributions, transfers, and expenditures.
New Mexico – New Mexico Governor Settles Harassment Claim for $150K
MSN – Associated Press | Published: 10/11/2021
The final price tag for a settlement reached by New Mexico Gov. Michelle Lujan Grisham and a former campaign spokesperson to settle accusations of harassment is now $150,000. The latest payments were disclosed in a mandatory campaign finance report filed by the governor’s campaign. The staffer, James Hallinan, accused Lujan Grisham of dropping water in his lap and then grabbing his crotch in the midst of a campaign staff meeting, accusations the governor denies.
New York – Cuomo Book Approval Faces New Challenge
Albany Times Union – Chris Bragg | Published: 10/12/2021
When the Joint Commission on Public Ethics (JCOPE) holds its next meeting, a commissioner is planning to again try and have the agency’s approval of former New York Gov. Andrew Cuomo’s book deal rescinded. After failing by one vote at a September meeting, Commissioner Gary Lavine is planning a different tact: a motion arguing JCOPE staff never had the authority to issue the approval. In 2012, JCOPE passed a resolution allowing the executive director of the staff to take certain actions between monthly commissioner meetings. JCOPE staff argues this 2012 resolution granted it authority to approve Cuomo’s book deal in July 2020.
New York – Hochul Scraps Cuomo’s ‘Defense’ Program Critics Say Helped Suppress Negative Information
Albany Times Union – Chris Bragg | Published: 10/12/2021
New York Gov. Kathy Hochul is ending a program begun under her predecessor, Andrew Cuomo, which had helped suppress negative information about Cuomo and his administration. When announced in 2015, the state’s first-ever “ethics, risk, and compliance” initiative was framed as bringing a private-sector risk management model to state agencies and public authorities. But for Cuomo’s office, the job also meant managing negative information that might come to light, a practice that exploded into public view during the controversy over Cuomo’s alleged suppression of nursing home death data.
New York – Mayor de Blasio’s $1 Million Bill: He owes lawyers, lobbyists and taxpayers
The City – Greg Smith | Published: 10/12/2021
As he hints at running for governor, New York City Mayor Bill de Blasio has racked up nearly $1 million in debts to lawyers, campaign consultants, and taxpayers that records indicate he currently cannot pay. The mayor owes one of the city’s biggest lobbyist law firms upwards of $435,000. The Department of Investigation informed de Blasio he must reimburse taxpayers nearly $320,000 for his use of a securing detail during his failed presidential campaign. The latest filings for his various campaign and PACs reveal he has got more than $182,500 in outstanding campaign debts and only about $11,800 cash on hand.
New York – New York City’s Top Corruption Watchdog Leaving for Federal Role
New York Times – Benjamin Weiser and William Rashbaum | Published: 10/13/2021
Margaret Garnett, the commissioner of the New York City agency that roots out corruption in local government, will leave her post and become the second-ranking official in the U.S. attorney’s office for the Southern District of New York. Garnett has been the city’s investigation commissioner since 2018. In perhaps her final report as commissioner, her office, the Department of Investigation, criticized Mayor Bill de Blasio’s use of his security detail for political and personal reasons, including for trips taken during his presidential campaign.
Ohio – Cincinnati City Manager Endorses Idea for ‘Ethics and Good Government’ Officer
WVXU – Becca Costello | Published: 10/11/2021
A director of ethics and good government could take on responsibility for implementing anti-corruption reform in Cincinnati. Creating that new position is a key part of City Manager Paula Boggs Muething’s reform recommendations. The officer would be responsible for implementing anti-corruption reform approved by the city council based on recommendations of the Economic Development Reform Panel, which was formed in response to three council member arrests on federal corruption charges last year.
Ohio – Former Cleveland Councilman Kenneth Johnson Sentenced to Six Years in Prison, Ordered to Pay More than $740,000 in Restitution
Cleveland Plain Dealer – John Caniglia | Published: 10/8/2021
Former Cleveland City Council member Kenneth Johnson was sentenced to six years in prison for stealing from the city and federal government. U.S. District Court Judge John Adams ordered Johnson, a 40-year member of council, to pay a portion of more than $740,000 in restitution for a series of schemes he ran from City Hall. A jury convicted him of public corruption charges in July. He was accused of siphoning tens of thousands of dollars from the council, underpaying his taxes, and steering government money to keep his adopted sons on the payroll of a community development corporation that he helped fund.
Ohio – Law-Firm Lobbyists Tell Federal Judge Details of Their Big Role in Passing Scandal-Tainted House Bill 6 Nuclear Bailout
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 10/13/2021
National law firm Akin Gump Strauss Hauer & Feld played a significant role in the passage of House Bill 6 in Ohio by organizing lobbying efforts, setting up large political donations, and helping to write the scandal-ridden energy law. Four members of the Washington D.C. firm submitted the documents at the demand of a bankruptcy judge, who is holding up the final $1.2 million of about $68 million in fees and expenses Akin Gump charged to FirstEnergy Solutions until the law firm’s House Bill 6 lobbying team answered questions about their involvement with the passage of the law and other activities surrounding a $60 million bribery scandal.
Ohio – Ohio Elections Commission Rules in Favor of Rep. Wiggam, Others in Finance Complaint
MSN – Bryce Buyakie (Daily Record) | Published: 10/7/2021
The Ohio Election Commission found the American Legislative Exchange Council did not violate campaign finance law when it provided software worth $3,000 to three state lawmakers during their 2020 campaigns. A complaint alleged the lawmakers did not report the gifted software as in-kind contributions. “Because they didn’t accept and use the software and it was only provided to them, it is not an in-kind contribution,” said Executive Director Philip Richter. The only dissenting voice acknowledged the commission does not know if Rep. Scott Wiggam activated the software. If activated and used, Richter said it could be a violation of Ohio law.
Pennsylvania – Amid FBI Scrutiny, Top PSERS Pension Officials Update Financial Disclosures
MSN – Craig McCoy and John DiStefano (Philadelphia Inquirer) | Published: 10/11/2021
Amid an FBI investigation into real estate held by the Pennsylvania School Employees’ Retirement System (PSERS), the agency’s investment chief and his top staff have updated their financial disclosures to include their roles on the boards of agency-affiliated companies that own PSERS buildings in Harrisburg and elsewhere. PSERS has acknowledged agency official James Grossman and others on his staff were on a disclosure form filed with the IRS not only as board members for the affiliated companies but as paid staff. This seemed to put them in dual and conflicting roles as top employees of both PSERS and firms that did business with the pension fund.
Pennsylvania – Pa. Lawmakers Hand Out Millions in Public Contracts to Law Firms That Fill Their Campaign Coffers
WHYY – Sam Janesch (The Caucus) and Angela Couloumbis (Spotlight PA) | Published: 10/13/2021
Law firms and attorneys who have worked for the Pennsylvania House and Senate have donated at least $5.5 million to 18 campaign committees controlled by Democratic and Republican legislative leaders during the last decade. In all, they gave at least $24 million to local and state-level campaigns across Pennsylvania during that time in a state that allows unlimited contributions with few disclosure rules. Legislators in turn hire firms for all types of legal matters. Good-government advocates warn such a mutually beneficial system, while legal, can foster a “pay-to-play” culture in which contracts are awarded to political allies.
Pennsylvania – Pa. Republicans Unveil Lobbying Reform Package to Address ‘Most Pressing Loopholes’ in Law
Pennsylvania Capital-Journal – Marley Parish | Published: 10/13/2021
Nine months after the top Republican in the Pennsylvania Senate vowed to make transparency a major priority in the Legislature, lawmakers are inching toward some lobbying reform. Four Republicans in the upper chamber introduced a package of bills that would impose new requirements for lobbyists and political consultants to avoid conflicts-of-interest and define the relationship between lawmakers and those who try to influence them. Critics called the reform proposals a baby step.
Rhode Island – Vote Postponed on Proposal to Shield ‘Maybe’ Candidates from Having to Report Finances
MSN – Katherine Gregg (Providence Journal) | Published: 10/12/2021
Faced with a wall of opposition, state election officials postponed a vote until at least December on letting potential candidates for state and local office “test the waters” without revealing how much they raise or spend. The Rhode Island Board of Elections decided to hold off after a flurry of opposition from state Republican Party Chairperson Sue Cienki, Common Cause, two of the already announced Democratic candidates for governor, and an army of legislators.
Virginia – Document Details Hefty Payments from Dominion Energy to Media Influencers and Lobbyists
Richmond Times-Dispatch – Patrick Wilson | Published: 10/8/2021
A document in the ongoing review of Dominion Energy’s finances reveals hefty dollar amounts from the electric monopoly to media influencers and lobbyists. Recipients include a columnist who wrote editorials about Dominion for a large state newspaper, former lawmakers who lobby the current ones, and the most renowned political commentator in Virginia. Dominion Energy is known to employ many lobbyists and political consultants, helping it achieve legislative success, but the document provides new details about who the company uses and how much it spends on consulting.
Virginia – Lobbyists in Virginia Don’t Have to Report How Much They Actually Earn
Richmond Times-Dispatch – Patrick Wilson | Published: 10/13/2021
Virginia lawmakers require companies or entities that hire lobbyists to report who the lobbyists are and how much they are paid. Because there are several ways to calculate the payment amounts, the public disclosures generally are far below the actual dollar amounts the lobbyists earn. Critics say the public has no way of knowing exactly how much money lobbyists are paid to lobby their elected representatives.
October 11, 2021 •
Monday’s LobbyComply News Roundup
Campaign Finance New Mexico: “Annual Review of Campaign Finances Resumes in New Mexico” by Morgan Lee (Associated Press) for MSN Ohio: “Ohio Elections Commission Rules in Favor of Rep. Wiggam, Others in Finance Complaint” by Bryce Buyakie (Daily Record) for […]
Campaign Finance
New Mexico: “Annual Review of Campaign Finances Resumes in New Mexico” by Morgan Lee (Associated Press) for MSN
Ohio: “Ohio Elections Commission Rules in Favor of Rep. Wiggam, Others in Finance Complaint” by Bryce Buyakie (Daily Record) for MSN
Elections
Indiana: “‘Room for Mischief’: Inside the secretive process to fill vacant seats without elections” by Amelia Pak-Harvey and Kaitlin Lange (Indianapolis Star) for MSN
Ethics
National: “Trump Hotel Lost $70M Despite Millions in Foreign Business” by Bernard Condon (Associated Press) for Yahoo News
Lobbying
National: “Dozens of States Have Tried to End Qualified Immunity. Police Officers and Unions Helped Beat Nearly Every Bill.” by Kimberly Kindy (Washington Post) for MSN
California: “Former Officials Nuñez, Boxer and Villaraigosa Lead Exodus from Powerful Lobbying Firm” by Seema Mehta and Melanie Mason (Los Angeles Times) for MSN
Virginia: “Document Details Hefty Payments from Dominion Energy to Media Influencers and Lobbyists” by Patrick Wilson for Richmond Times-Dispatch
Redistricting
National: “The Imminent Impact of Redistricting: Sharper partisan elbows, less compromise by both sides in the House” by Colby Itkowitz (Washington Post) for MSN
October 1, 2021 •
News You Can Use Digest – October 1, 2021
National/Federal As Districts Grow More Diverse, Congressional Outreach Does Too MSN – Michael Macagnone (Roll Call) | Published: 9/30/2021 Over the past decade, U.S. Rep. Katie Porter’s 45th District in Southern California grew to the largest by population in the state […]
National/Federal
As Districts Grow More Diverse, Congressional Outreach Does Too
MSN – Michael Macagnone (Roll Call) | Published: 9/30/2021
Over the past decade, U.S. Rep. Katie Porter’s 45th District in Southern California grew to the largest by population in the state and was 45 percent non-Hispanic white in 2020, down from 55 percent in 2010. The district is more than one quarter Asian, which has shaped how Porter reaches out to her constituents. For example, she often contacts local community groups and ethnic churches in efforts to share more information about federal programs.
As Redistricting Begins, States Tackle the Issue of ‘Prison Gerrymandering’
MSN – Emmanuel Felton (Washington Post) | Published: 9/28/2021
As lawmakers begin drawing lines for congressional and state legislative districts based on the 2020 Census, there is a key question facing these drafters: how to count the 2.3 million people housed in the nation’s jails and prisons. While inmates are not allowed to vote in 48 states, they count for the purposes of representation. For most of American history, counting inmates where they were imprisoned did not have a huge impact on political power and representation. But that changed when states began adopting tough-on-crime laws in the 1980s, leading to an era of mass incarcerations.
Biden White House Leans Toward Releasing Information About Trump and Jan. 6 Attack, Setting Off Legal and Political Showdown
MSN – Tom Hamburger and Jacqueline Alemany (Washington Post) | Published: 9/23/2021
The White House is leaning toward releasing information to Congress about what Donald Trump and his aides were doing during the January 6 attack on the U.S. Capitol despite the former president’s objections, a decision that could have significant ramifications. Trump has said he will cite “executive privilege” to block information requests from the House select committee investigating the events of that day, banking on a legal theory that has successfully allowed presidents and their aides to avoid or delay congressional scrutiny for decades. But the Biden White House plans to err on the side of disclosure given the gravity of the events.
Covert Postal Service Unit Probed Jan. 6 Social Media
Yahoo News – Betsy Woodruff Swann (Politico) | Published: 9/27/2021
In the days after the January 6 attack on the Capitol, an obscure arm of the U.S. Postal Service, the United States Postal Inspection Service’s Internet Covert Operations Program (iCOP) sent bulletins to law enforcement agencies around the country on how to view social media posts that had been deleted. Few Americans are aware the same organization that delivers their mail also runs a surveillance operation rooted in an agency that dates back to the 18th century. And iCOP’s involvement raises questions about how broad the mandate of the Postal Service’s policing arm has grown from its stated mission of keeping mail deliverers safe.
DNC to Host First In-Person Fundraiser of the Covid Era
Yahoo News – Caitlin Oprysko (Politico) | Published: 9/25/2021
Eighteen months into the pandemic, the Democratic National Committee held its first in-person, indoor fundraising events, turning to K Street to haul in cash ahead of the midterm cycle. For lobbyists who have been starved of facetime with party leaders, they can give $36,500, the maximum amount an individual or non-multi-candidate PAC can contribute to a national party committee. That donation brings with it a more intimate “private clutch,” according to the invitation. The hosting of an in-person event marks a return for Democrats to the usual method of raising cash after meeting with donors became confined to Zoom calls.
Fallout Begins for Far-Right Trolls Who Trusted Epik to Keep Their Identities Secret
Seattle Times – Drew Harwell, Hannah Allam, Jeremy Merrill, and Craig Timberg (Washington Post) | Published: 9/28/2021
In the real world, Joshua Alayon worked as a real estate agent in Pompano Beach, Florida. But online, data revealed by the massive hack of Epik, an Internet-services company popular with the far right, signaled a darker side. Alayon’s name and personal details were found on invoices suggesting he had once paid for websites with names such as racisminc.com and theholocaustisfake.com. The hacking group Anonymous exposed previously obscure details of far-right sites and launched a race among extremism researchers to identify the hidden promoters of online hate. After Alayon’s name appeared in the breached data, his brokerage firm dropped him as an agent.
FEC Debates Deadlocks and Dismissals
Investigative Reporting Workshop – Keith Newell | Published: 9/29/2021
Since its founding in 1974, the FEC has long been regarded as an ineffective agency, garnering criticism as a “toothless tiger” or a “tightly leashed watchdog.” The panel has a maximum of six members, with no more than three from one party. Since 2006, an increasingly high number of deadlocked votes result in dismissals of allegations of misconduct; deadlocks are effectively victories for the Republican commissioners. Party loyalty appears to be less important to commissioners than ideology.
House Jan. 6 Committee Issues Subpoenas for Pro-Trump Rally Organizers
MSN – Jacqueline Alemany, Tom Hamburger, and Carol Leonnig (Washington Post) | Published: 9/29/2021
The U.S. House select committee investigating the January 6 attack on the Capitol issued subpoenas to 11 people associated with or involved in the planning of pro-Trump rallies that preceded the violent insurrection. The subpoenas come a week after it issued subpoenas targeting two top Trump White House officials, the chief of staff to the acting defense secretary, and longtime Trump adviser Stephen Bannon. The subpoenas may be able to shed light on the degree to which Donald Trump and his senior White House aides knew about their fears of chaos on January 6.
Ohio Men Sentenced to 45 Days Become First Jan. 6 Misdemeanor Defendants to Receive Jail Time
MSN – Spencer Hsu and Rachel Weiner (Washington Post) | Published: 9/29/2021
A court sentenced two Ohio men to serve 45 days in jail after federal prosecutors for the first-time requested incarceration at sentencing hearings for nonviolent misdemeanor offenders in the storming of the U.S. Capitol. The punishment comes after judges for months have questioned whether no-prison plea deals offered by the government to low-level January 6 defendants are too lenient to deter future attackers from terrorizing members of Congress.
Supreme Court Observers See Trouble Ahead as Public Approval of Justices Erodes
MSN – Robert Barnes and Seung Min Kim (Washington Post) | Published: 9/26/2021
On October 4, the U.S. Supreme Court will begin one of the most potentially divisive terms in years. Docketed cases concern gun control, separation of church and state, and the biggest showdown in decades on the constitutional right to an abortion. Meanwhile, a presidential commission studying the court is being bombarded with criticism from the left, and occasionally the right, that the justices are too political, too powerful, and serve for too long. “Not since Bush v. Gore has the public perception of the court’s legitimacy seemed so seriously threatened,” Georgetown Supreme Court Institute Executive Director Irv Gornstein said.
The FEC Unanimously Rejected a Trump Campaign Complaint Against Snapchat After the Social Media Site Removed the Former President’s Content from Its ‘Discover’ Feed
Yahoo News – Brian Metzger (Business Insider) | Published: 9/23/2021
The FEC dismissed a complaint made by former President Trump’s campaign against Snapchat, which it said had violated election laws by removing the campaign’s content from its curated “Discover” page. Snapchat announced in June 2020 it would no longer promote Trump’s content on the page, though it did not remove Trump’s account from the platform. The Trump campaign alleged Snapchat made an illegal contribution to Joe Biden by doing so.
There Are Just 9 Women Governors. Both Parties Want Change.
Yahoo News – Liz Crampton (Politico) | Published: 9/28/2021
Women now account for a third of state lawmakers, more than a quarter of the U.S. House and nearly as much of the U.S. Senate, but in many states have yet to shatter the highest glass ceiling: governorships. Today, just nine women hold the title, with power split among six Democrats and three Republicans. Four of those women took over the role by succession. There is growing urgency among leaders in both major parties around bolstering the chances of women running in the 2022 gubernatorial elections, when voters in 36 states will pick their next chief executive.
Trump Loses Case to Enforce Omarosa Manigault Newman’s N.D.A.
MSN – Maggie Haberman (New York Times) | Published: 9/28/2021
Former President Trump lost an effort to enforce a nondisclosure agreement against Omarosa Manigault Newman, a former White House aide and a star on “The Apprentice” who wrote a tell-all book about serving in his administration. The decision from an arbiter calls for her to collect legal fees from the Trump campaign. The campaign filed the case shortly after Manigault Newman published her book. It claimed she violated a nondisclosure agreement she had signed during the 2016 campaign stipulating she would not reveal private or confidential information about Trump’s family, business, or personal life.
Two Fed Officials Announce Retirements Amid Controversy Over Ethics and Stocktrading
MSN – Rachel Siegel (Washington Post) | Published: 9/27/2021
Two top Federal Reserve officials are leaving their posts amid scrutiny over their stock-trading activities during the coronavirus crisis, behavior which spurred an unusual review by the Fed of trading rules for its officials. Boston Federal Reserve Bank President Eric Rosengren and Dallas Fed President Robert Kaplan both announced their retirements. Earlier, media outlets reported on the financial disclosures of the regional bank presidents, showing both actively traded in stocks and other investments while in their roles setting monetary policy and assisting the central bank through the covid crisis.
U.S. Supreme Court to Consider Senator Cruz’s Campaign Finance Challenge
Yahoo Finance – Andrew Chung (Reuters) | Published: 9/30/2021
The U.S. Supreme Court agreed to hear the FEC’s bid to restore a campaign finance law that limits the amount of money candidates can accept from donors after an election as they try to recoup the money they personally lent to their formal campaign organizations. A lower court ruling found the cap violates the Constitution’s guarantee of freedom of speech by unjustifiably burdening political expression. The law imposes a ceiling of $250,000 on payments from donations made after an election even if candidates made loans exceeding that sum.
From the States and Municipalities
Arizona – Arizona Recount Results Raise Stakes for GOP-Backed Ballot Reviews in Other States
MSN – Amy Gardner (Washington Post) | Published: 9/23/2021
A GOP-commissioned report that did not find evidence fraud tainted Arizona’s 2020 election has intensified the fight over similar partisan ballot reviews in Pennsylvania, Texas, and Wisconsin, with former President Trump pressing for such examinations and Democrats stepping up their efforts to block them. The outcome of the recount in Maricopa County, which concluded President Biden won the state’s largest county by even more votes than the certified results, raises the stakes for the Republican leaders who have gone along with Trump’s demands for “forensic audits” in other states.
California – Between the Lines: Hidden partisans try to influence California’s independent redistricting
MSN – Ben Christopher and Sameea Kamal (CalMatters) | Published: 9/28/2021
California congressional districts are drawn by an independent citizens commission, but it is hearing from candidates and party officials who do not disclose their partisan affiliations. Though the commission is prohibited from considering the electoral interests of elected officials, candidates, or political parties, there is nothing that bars any of those players from trying to influence the decisions, nor any laws or rules requiring public commenters to list potential conflicts-of-interest. But not disclosing a personal stake may cross an ethical line, said Jessica Levinson, a former member of the Los Angeles Ethics Commission.
California – California Is Now Permanently a Vote-by-Mail State as Gavin Newsom Signs Bill
MSN – Lara Korte (Sacramento Bee) | Published: 9/27/2021
California will now mail ballots to voters in all elections, extending a practice temporarily adopted during the pandemic to prevent the spread of the coronavirus at polling locations. Gov. Gavin Newsom signed Assembly Bill 37, which requires county elections officials to mail a ballot to every active registered voter for all elections, whether they request it or not. Voters can still choose to vote at physical polling locations, if they prefer.
California – California Treasurer Sued for Harassment Often Shared Overnight Lodging with Staffers
MSN – Sophia Bollag (Sacramento Bee) | Published: 9/28/2021
Treasurer Fiona Ma has frequently shared hotel rooms with her chief of staff during her tenure as California’s top banking official, a practice she said she engaged in “to save money,” according to expense reports. A review of travel documents found that sharing lodging with staff was a common practice for Ma, who is facing a lawsuit filed by a different employee, who no longer works in the office. The worker accused her of sexual harassment when the two women shared hotel rooms.
California – L.A. County Sheriff’s Unit Accused of Targeting Political Enemies
MSN – Alene Tchekmedyian (Los Angeles Times) | Published: 9/23/2021
A group of deputies from the Los Angeles County Sheriff’s Department make up a little-known team of investigators formed by Sheriff Alex Villanueva and other top sheriff’s officials. Much of what they do, by design, is a mystery to the public and even to most within the department. But as some of the investigations handled by the team have come to light, a common thread has emerged: their targets are outspoken critics of Villanueva or the department. Concern over the Civil Rights and Public Integrity Deta has caused consternation both inside and outside the department.
California – Oakland Issues Its Largest Ethics Fine Ever, Against a Corrupt Former Building Inspector
Oaklandside – David DeBolt | Published: 9/28/2021
The Oakland Public Ethics Commission issued a fine of $309,600 against a former city building inspector accused of accepting bribes from property owners in exchange for greenlighting inspections or issuing permits. It is by far the largest fine ever issued by the commission. Thomas Espinosa, the former specialty combination inspector in the city’s Planning and Building Department’s Code Enforcement Division, also convinced some property owners whose buildings he inspected to hire him as a contractor, the investigation found.
Colorado – An Elections Supervisor Embraced Conspiracy Theories. Officials Say She Has Become an Insider Threat.
MSN – Emma Brown (Washington Post) | Published: 9/26/2021
In a lawsuit filed by the Colorado secretary of state, Mesa County Clerk and Recorder Tina Peters and her deputy have been accused of sneaking someone into the county elections offices to copy the hard drives of Dominion Voting Systems machines. Those copies later surfaced online and in the hands of election deniers. Local and state state prosecutors, and the FBI, are investigating whether criminal charges are warranted. The events represent an escalation in the attacks on the nation’s voting system, one in which officials who were responsible for election security allegedly took actions that undermined that security.
Colorado – Aurora City Council OKs Changes to Campaign Finance Law After Lawsuit from Mayor
Denver Gazette – Hannah Metzger | Published: 9/29/2021
The Aurora City Council approved changes to its campaign finance law after a court ruled in favor of Mayor Mike Coffman, who sued the city over provisions he claimed violated his freedom of speech. The lawsuit argued the measure, passed by the council in 2020, prohibited former and future candidates from pushing for ballot issues or helping other candidates with their campaigns, which Coffman said was intended to prevent his supporters from mobilizing in support of other candidates.
Colorado – Ex-Colorado GOP Chair Disbarred in Pro-Trump PAC Funds Case
MSN – Associated Press | Published: 9/23/2021
Former Colorado Republican Party Chairperson Ryan Call will be disbarred after acknowledging he took nearly $280,000 from a super PAC supporting former President Trump while Call served as the PAC’s treasurer. Call admitted to entering the Rebuilding America Now PAC into a secret contract to pay himself $5,000 a month for “political strategy and fundraising support” and he misled members of his former law firm about his activities with the committee.
Colorado – Newly Revealed Interactions Added to Redistricting Lobbying Complaint
Colorado Politics – Evan Wyloge | Published: 9/27/2021
A complaint filed against a group of Republican political consultants and lobbyists, accusing them of failing to file proper redistricting lobbying disclosure, grew larger when the complainant added new interactions between the complaint targets and Colorado’s redistricting commissioners. The complaint accused consultant Alan Philp of failing to file lobbying disclosure reports and accused former House speaker and now-lobbyist Frank McNulty and lobbyist Greg Brophy of failing to register and report their interactions with commissioners. All three work for Colorado Neighborhood Coalition, a nonprofit that does not disclose its donors.
Hawaii – Years Before Indictments, Honolulu Permitting Department Was Warned About Corrupt Culture
Honolulu Civil Beat – Christina Jedra | Published: 9/29/2021
The Honolulu Ethics Commission investigated the Department of Planning and Permitting (DPP) several times after it received numerous complaints about a “pay-to-play” culture at the department, records show. Taken as a whole, the records foreshadow the scandal that erupted earlier this year. In March, five current and former DPP employees, along with a local architect, were indicted for bribery schemes going back as far as 2012. The commission told DPP leadership about its concerns several times.
Illinois – Former Ald. Ricardo Muñoz Pleads Guilty to Spending Campaign Funds on Sports, Travel and Other Personal Items
MSN – Madeline Buckley (Chicago Tribune) | Published: 9/27/2021
Former Chicago Ald. Ricardo Muñoz pleaded guilty to spending cash from a political fund on personal items such as sports tickets, meals, and travel. Muñoz pleaded guilty to wire fraud and money laundering. Federal prosecutors alleged Muñoz stole from a PAC formed by the Chicago Progressive Reform Caucus (CPRC), where he served as chairperson and performed the duties of its treasurer. Prosecutors accused him of moving funds from the CPRC into another fund he controlled, Citizens for Muñoz, and then into his personal checking account.
Illinois – Obscenity Ruling? State’s Top Court to Hear Case Seeking to End Pols Using ‘Obscene Amounts’ of Campaign Cash to Pay Lawyers
Chicago Sun-Times – Rachel Hinton | Published: 9/29/2021
The state’s top court plans to rule on the question of whether politicians can dip into their campaign funds to pay for their criminal defense or other legal troubles, a decision that could directly affect the embattled husband of Illinois Supreme Court Chief Justice Anne Burke. She recused herself from the decision to take the case and from hearing it once it comes before the justices. Her husband, Ald. Edward Burke (14th), has already spent nearly $2 million in campaign contributions on legal fees since federal agents raided his ward headquarters.
Maryland – Baltimore’s Revamped Ethics Board Says It’s Ready to Provide Guidance to City Employees
Baltimore Sun – Emily Opilo | Published: 9/28/2021
Baltimore’s long underutilized Board of Ethics began issuing advisory opinions for the first time in three years in 2021 and has seen its web traffic triple, according to the panel’s annual report. The report, which is itself the first annual recap from the board since 2014, details a restructuring of the Board of Ethics since it was moved under the supervision of the Office of the Inspector General, a move that became effective last October. Since then, the board has been staffed by a full-time director and administrative assistant who established an ethics hotline and revamped the city’s ethics training process for city employees and elected officials.
Michigan – Detroit Councilman Andre Spivey Admits He Took Bribes for Help with Towing
MSN – Joe Guillen (Detroit Free Press) | Published: 9/28/2021
Andre Spivey became the second Detroit City Council member this year to plead guilty to a public corruption charge, admitting he took $35,900 in bribes from an undercover law enforcement agent and a confidential FBI source in exchange for wielding his political influence. Spivey accepted the bribes in exchange for his assistance with a pending vehicle towing ordinance before the council, he said in court. The bribes were paid over the course of eight separate meetings with the confidential FBI source, most of which were recorded.
New Hampshire – NH Supreme Court Asked to Define Governor’s Executive Privilege
MSN – Kevin Landrigan (Manchester Union Leader) | Published: 9/28/2021
Both sides in a legal dispute over open records asked the state’s highest court, for the first time, to spell out when New Hampshire Gov. Chris Sununu can claim executive privilege to keep documents secret. Activist Louise Spencer sued Sununu’s office over email contacts his staffers had with a national Republican PAC before and after Sununu vetoed a 2019 bill to create an independent redistricting commission. The suit maintained that the governor’s office should not be exempt from the state’s Right-to-Know Law.
New Mexico – Ethics Board Hands Gonzales a Reprimand and $2,000 Fine
Albuquerque Journal – Oliver Uyttebrouck | Published: 9/24/2021
The Albuquerque Board of Ethics and Campaign Practices imposed a $2,000 fine and a public reprimand on Bernalillo County Sheriff Manuel Gonzales, finding his mayoral campaign submitted 16 forged documents in his bid for public financing. The finding punctuates an unsuccessful monthslong quest by Gonzales to obtain more than $600,000 in public campaign financing. That effort foundered on a pair of complaints centered on the five-dollar qualifying contributions that candidates must collect from city voters to qualify for public money.
New York – MTA Bus Boss Covered License Plate to Avoid Tolls, Had $100k in Outstanding Fines: Watchdog
Yahoo News – Clayton Guse (New York Daily News) | Published: 9/27/2021
A New York City Transit superintendent used a plastic license plate cover to dodge tolls for years across New York, the Metropolitan Transit Authority (MTA) inspector general said. The superintendent, identified as Aditya Samaroo, bragged to his colleagues he avoided paying tolls on bridges and tunnels by obscuring his license plate. Samaroo also dodged more than $100,000 in outstanding tolls and late fees by regularly swapping out his car’s license plates.
Ohio – Ohio Governor Lobbyist Resigns; Was Linked to Bribery Probe
MSN – Julie Carr Smyth (Associated Press) | Published: 9/24/2021
Ohio Gov. Mike DeWine’s top lobbyist, a man linked to an ongoing federal bribery probe but never charged, resigned after three years on the job. Legislative Director Dan McCarthy cited “the pace and grind” of the job. Federal prosecutors charged five individuals with orchestrating a $60 million bribery scheme to assure the 2019 passage of a bill bailing out two nuclear power plants. The power plants were operated at the time by a wholly owned subsidiary of FirstEnergy Corp. McCarthy is a former FirstEnergy lobbyist who was president of one of the “dark money” groups that has been implicated in the alleged bribery scheme.
Pennsylvania – A Leading Addiction Recovery Reformer in Philly Was on the Payroll of a Rehab Center Now Charged with Crimes
MSN – Jeremy Roebuck and Aubrey Wilson (Philadelphia Inquirer) | Published: 9/27/2021
Fred Way has spent the last decade working to improve addiction recovery houses in Philadelphia. But for much of that time, he was on the payroll of a rehabilitation facility now accused of encouraging their worst abuses. He has advised lawmakers on state policy, and the recovery-house certification program created by his nonprofit, the Pennsylvania Alliance of Recovery Residences, serves as the only benchmark for judging the quality of housing in Philadelphia for people in early recovery, and for determining which of those homes will receive coveted city funds. In a state grand jury report this summer, Wray acknowledged taking money from a drug rehab facility under criminal investigation.
South Dakota – As Daughter Sought State License, Noem Summoned Agency Head
Yahoo News – Stephen Groves (Associated Press) | Published: 9/27/2021
Days after a South Dakota agency moved to deny her daughter’s application to become a certified real estate appraiser, Gov. Kristi Noem summoned to her office the state employee who ran the agency, the woman’s direct supervisor, and the state labor secretary. Noem’s daughter also attended. Kassidy Peters ultimately obtained the certification in November 2020, four months after the meeting at her mother’s office. A week after that, the labor secretary called the agency head, Sherry Bren, to demand her retirement, according to an age discrimination complaint. Bren left her job after the state paid her $200,000 to withdraw the complaint.
Texas – Dallas Needs More Oversight and Stronger Ethics Rules, Review Finds
Dallas Morning News – Everton Bailey Jr. | Published: 9/27/2021
Dallas needs a department solely dedicated to investigating misconduct complaints to ensure they are properly handled, according to a report calling for ethics reforms. The city should create an Office of Inspector General and appoint a licensed attorney role who would find, investigate. and issue rulings on cases of alleged fraud, waste, abuse, campaign finance violations and other ethics misconduct, the report said. The move would replace the current process, where complaints are funneled through different channels and not independently investigated.
Texas – ”Home Cooking’ Concerns Revealed in Corruption Prosecutions Outside Texas Capital
KXAN – David Barer and Josh Hinkle | Published: 9/20/2021
The Public Integrity Unit housed in the Travis County District Attorney’s Office was dismantled in 2015, following allegations it was politicizing prosecutions. Texas lawmakers aimed to reform the system by moving state public corruption investigations to the Department of Public Safety’s Texas Rangers and prosecuting accused officials in their home counties rather than Travis County. Six years later, a media investigation found prosecutions of statewide public officials for corruption are nearly non-existent. Since 2015, the Rangers investigated a handful of state-level elected leaders, but few faced charges.
Texas – Texas Appears to Be Paying a Secretive Republican Political Operative $120,000 Annually to Work Behind the Scenes on Redistricting
MSN – Alexa Ura (Texas Tribune) | Published: 9/29/2021
A Republican redistricting operative whose clandestine work helped drag Wisconsin into a legal morass last decade appears to now be on the payroll of the Texas Legislature as lawmakers work to redraw maps that will determine the distribution of political power for years to come. The operative, Adam Foltz, was part of the team that helped craft Wisconsin’s legislative maps after Republicans took control of that state Legislature in 2010. Foltz played a key role in a tight-lipped and questionable redrawing process that shut out Democrats and drew the condemnation of federal judges who described it as “needlessly secret,” according to court records.
Washington – Weekly WA Newspaper Fined $15,000 for Selling Election Coverage
Crosscut – Melissa Santos | Published: 9/28/2021
The Tacoma Weekly agreed to pay a $15,000 fine for telling candidates last year they could buy a news story, and even the newspaper’s editorial endorsement, as part of a $2,500 advertising package. Accepting money in exchange for story placement or positive coverage goes against journalistic standards of ethics. But beyond that, it also violates Washington state law, which forbids news outlets from soliciting money in exchange for “an endorsement, article, or other communication in the news media promoting or opposing a candidate.”
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.