National/Federal

Here Are the Other States Where Trump’s Ballot Eligibility Faces a Challenge

Las Vegas Sun – Nick Corasaniti (New York Times) | Published: 12/21/2023

The decision by the Colorado Supreme Court to disqualify Donald Trump from holding office again was the first victory for a legal effort that is still unfolding across the country. At least 16 other states have pending legal challenges to Trump’s eligibility for office under the 14th Amendment. The U.S. Supreme Court will face some pressure from the political calendar if it takes up an appeal. Colorado Secretary of State Jena Griswold said her office must certify which candidates are on the ballot by January 5 to print ballots in time for the state’s primary election two months later.

A Fight for Black Representation, with a Civil Rights Landmark on the Line

MSN – Patrick Marley (Washington Post) | Published: 12/13/2023

Litigation filed across the South that alleges Republican lawmakers illegally drew district lines to limit the power of minority voters. The outcome of the suits likely will influence which party controls the next Congress. The cases will also test how much a 58-year-old landmark of the civil rights era still matters. The potency of the Voting Rights Act has been eroded in recent years by the courts. Voting rights advocates view the decisions as a threat to the guarantee all eligible voters can cast ballots and people of color will get an equal say. Conservatives say it is less necessary after generations of progress for minority groups.

FEC Revises Rules for Candidates Drawing Salaries from Campaigns

MSN – Daniela Altimari (Roll Call) | Published: 12/15/2023

Advocates for working-class candidates are applauding a new FEC rule that makes it easier for those running for Congress to draw salaries from their campaign accounts. The rule more accurately reflects the demands of running for federal office, which typically require full-time campaigning for a year or more leading up to the election, said Shana Broussard, a Democratic member of the FEC.

The Rise of AI Fake News Is Creating a ‘Misinformation Superspreader’

MSN – Pranshu Verma (Washington Post) | Published: 12/17/2023

Artificial intelligence is automating the creation of fake news, spurring an explosion of web content mimicking factual articles that instead disseminates false information about elections, wars, and natural disasters. Historically, propaganda operations have relied on armies of low-paid workers or highly coordinated intelligence organizations to build sites that appear to be legitimate. But AI is making it easy for nearly anyone to create these outlets, producing content that is at times hard to differentiate from real news.

Ron DeSantis Wanted to Change the Way Campaigns Were Funded. Then the Fights Started.

MSN – Michael Scherer, Hannah Knowles, and Josh Dawsey (Washington Post) | Published: 12/16/2023

Florida Gov. Ron DeSantis had a plan to change how presidential campaigns are usually funded as he sought the White House. His first campaign manager developed the strategy and selected the leadership to lead a new super PAC called Never Back Down. Under campaign finance rules, the PAC and the campaign could not privately coordinate most of their spending. But they aimed to function as an integrated whole. It was the first time a major campaign ceded so much of its operations to an entity it could not legally control. With just weeks to go before the Iowa caucuses, the experiment is now in tatters.

GOP Voter-Fraud Crackdown Overwhelmingly Targets Minorities, Democrats

MSN – Justin Jouvenal (Washington Post) | Published: 12/20/2023

As Donald Trump falsely claimed the 2020 presidential election was stolen from him, Republicans in some states launched special units to prosecute voter fraud as part of a controversial push to stamp out cheating some claimed was rampant. But the election integrity units obtained only 47 convictions during a period in which tens of millions of votes were cast, and the units overwhelmingly targeted minorities and Democrats for prosecution, according to an analysis by The Washington Post.

Venezuela Hands over ‘Fat Leonard,’ Mastermind in U.S. Navy Scandal

MSN – Samantha Schmidt, Ana Vanessa Herrero, and Craig Whitlock (Washington Post) | Published: 12/20/2023

Leonard Glenn Francis, the fugitive defense contractor who admitted to a $35 million bribery scheme in the largest corruption scandal in U.S. military history, was arrested and returned by Venezuela to the United States as part of a major prisoner swap between the estranged countries. Francis, known as “Fat Leonard,” was apprehended by Venezuelan authorities in Caracas last year after escaping U.S. sentencing.

Feds Charge Ex-Miami Congressman Rivera Anew with Breaking Income Tax Laws in Venezuela Case

MSN – Jay Weaver (Miami Herald) | Published: 12/19/2023

A year after being charged with working as an unofficial agent for the Venezuelan government, former U.S. Rep. David Rivera is now accused of failing to report hundreds of thousands of dollars in income and diverting some of that money through a campaign account to himself. The charges were added to an original indictment that charges Rivera with acting as an agent for Venezuela without legally registering wit for a lobbying job that paid him $20 million before he was fired.

A ‘Delicate Matter’: Clarence Thomas’ private complaints about money sparked fears he would resign

ProPublica – Justin Elliot, Joshua Kaplan, Alex Mierjeski, and Brett Murphy | Published: 12/18/2023

In January 2000, Justice Clarence Thomas gave a speech at an off-the-record conservative conference. He was seated next to a Republican member of Congress on the flight home. The lawmaker left the conversation worried Thomas might resign. Congress should give Supreme Court justices a pay raise, Thomas told him – if lawmakers did not act, “one or more justices will leave soon.” Documents and interviews offer insight into how Thomas was talking about his finances in a crucial period in his tenure, just as he was developing his relationships with a set of wealthy benefactors.

Material From Russia Investigation Went Missing as Trump Left Office

Seattle Times – Maggie Haberman, Julian Barnes, Charlie Savage, and Jonathan Swan (New York Times) | Published: 12/15/2023

Material from a binder with highly classified information connected to the investigation into Russian efforts to meddle in the 2016 election disappeared in the final days of Donald Trump’s presidency, two people familiar with the matter said. The disappearance of the material, known as the “Crossfire Hurricane” binder for the name given to the investigation by the FBI, vexed national security officials and set off concerns that sensitive information could be inappropriately shared.

House Dysfunction by the Numbers: 724 votes, only 27 laws enacted

Yahoo News – Annie Karni (New York Times) | Published: 12/19/2023

In 2023, the Republican-led U.S. House has passed only 27 bills that became law, despite holding a total of 724 votes. That is more voting and less lawmaking than at any other time in the last decade. The numbers reflect the challenges that have plagued Republicans and are likely to continue, and maybe even get worse, in 2024.

Judge Orders Rep. Scott Perry to Disclose 1,600 Messages to Federal Prosecutors

Yahoo News – Kyle Cheney (Politico) | Published: 12/19/2023

A judge ruled U.S. Rep. Scott Perry must disclose to federal prosecutors more than 1,600 emails, text messages, and other communications related to the investigation into Donald Trump and his allies’ bid to subvert the 2020 election. District Court Judge James Boasberg concluded that the vast majority of the messages Perry exchanged, some with other members of Congress, some with members of the Trump administration, and some with allies outside of government, could not be shielded from prosecutors by Perry’s constitutional protections as a member of Congress.

From the States and Municipalities

Arizona – Dem Lawmaker Sun Goes Before Ethics Committee for Intimidation, Alleged Death Threat

Arizona Mirror – Gloria Rebecca Gomez | Published: 12/19/2023

A school superintendent, a trio of Tolleson city officials, and a social worker are accusing Arizona Rep. Leezah Sun of using her position to intimidate and harass them – in one case, even going so far as making a death threat – but she maintains the allegations are false and overblown. The House Ethics Committee considered a bevy of allegations made against Sun and whether her behavior meets the Legislature’s threshold for disorderly conduct of one of its members.

California – Independent Governance Reform Group Calls for Stronger Ethics Commission

MSN – Caroline Petrow-Cohen (Los Angeles Times) | Published: 12/14/2023

After three years marked by scandal in City Hall, an independent government reform group is recommending a larger and more powerful Los Angeles Ethics Commission. The newly imagined commission would have seven members instead of five and would have the authority to approve city council ethics legislation. They also would be able to place proposed policy changes directly on the ballot with a supermajority vote. The revamp is part of a larger set of recommendations put forth by the Los Angeles Governance Reform Project.

California – Orange Becomes the Latest City in OC to Strengthen Lobbyist Rules

Voice of OC – Hosam Elattar | Published: 12/19/2023

Orange County’s largest public corruption scandal in recent history is leading some city officials in the county to tighten regulations and try to create more transparency surrounding lobbyists. Officials in the city of Orange voted to finalize an ordinance that would require lobbyists to register and publicly disclose their activities in the city.

California – Can an Ethics Officer Restore Trust in Anaheim After the FBI Corruption Scandal?

Voice of OC – Spencer Custodio | Published: 12/14/2023

Elected officials in Anaheim are slated to create an ethics officer position to oversee campaign finance laws, public records requests, and a host of other good government practices in the wake of Orange County’s public corruption scandal. City council members are also expected to discuss reforming the city’s campaign finance laws next year.

California – Fresno Councilmember Under Scrutiny for Private Jet Travel with Executive

Yahoo News – Tim Sheehan (Fresno Bee) | Published: 12/18/2023

Fresno City Councilmember Miguel Arias is under investigation by the California Fair Political Practices Commission following an anonymous complaint over a private flight he accepted from a commercial trash contractor who does business with the city. Arias said he reimbursed Joseph Kalpakoff, president of Mid Valley Disposal, for the full cost of the flight. Arias acknowledged the reimbursement was delayed by more than the statutory 30 days in state law.

Colorado – Trump Disqualified from Colorado’s 2024 Primary Ballot by State Supreme Court

MSN – Patrick Marley and Azi Paybarah (Washington Post) | Published: 12/19/2023

In a historic decision, the Colorado Supreme Court barred Donald Trump from running in the state’s presidential primary after determining he had engaged in insurrection on January 6, 2021. The ruling marked the first time a court has kept a presidential candidate off the ballot under an 1868 provision of the Constitution that prevents insurrectionists from holding office. If other states reach the same conclusion, Trump would have a difficult, if not impossible, time securing the Republican nomination and winning in November.

Florida – ‘You Can’t Morally Lead’: Florida Republicans strip party chair of power

MSN – Kimberly Leonard (Politico) | Published: 12/14/2023

The Republican Party of Florida voted to strip Chairperson Christian Ziegler of his power, reduce his salary to one dollar, and begin a three-week countdown to formally oust him from his position. Police are investigating Ziegler after a woman accused him of rape. His refusal to step down has forced party members to deal with an ongoing embarrassment ahead of the 2024 elections.

Florida – Absentee Mayor: Miami’s Francis Suarez blurs line between public duty, pursuit of wealth

Yahoo News – Sarah Blaskey, Joey Flechas, Tess Riski, and Susan Merriam (Miami Herald) | Published: 12/18/2023

Mayor Francis Suarez spent at least 85 days outside Miami in 2022, including about half those days abroad, primarily in the Middle East. He is on track to be out of town just as much in 2023. He will not give any specifics about what he has been doing in the Middle East. His penchant for secrecy, including not naming his legal clients, makes it nearly impossible to identify potential conflicts-of-interest between Suarez’s public office and his much more lucrative private business endeavors.

Georgia – Rudy Giuliani Ordered to Pay $148 Million for False 2020 Election Claims

MSN – Spencer Hsu, Tom Jackman, Rachel Weiner, and Olivia Diaz (Washington Post) | Published: 12/15/2023

A jury awarded $148 million in damages to two former Georgia election workers who sued Rudy Giuliani for defamation over lies he spread about them in 2020 that upended their lives with racist threats and harassment. The verdict came in a defamation lawsuit filed against Giuliani by election workers Ruby Freeman and Wandrea ArShaye “Shaye” Moss, whom Donald Trump and others on the former president’s campaign and legal teams falsely accused of manipulating the absentee ballot count in Atlanta.

Georgia – Appeals Court Shoots Down Mark Meadows’ Bid to Derail Georgia Racketeering Case

Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 12/18/2023

A federal appeals court denied Mark Meadows’ bid has to move his Georgia-based criminal charges into federal court, rejecting a procedural gambit that could have derailed the state’s election-related charges against not only Meadows but also Donald Trump. Meadows could appeal the ruling to the Supreme Court. But for now, the ruling from a three-judge panel of the 11th Circuit Court of Appeals keeps on track Fulton County District Attorney Fani Willis’ racketeering prosecution of Trump, Meadows, and a dozen other allies for efforts connected to the bid to subvert the 2020 election.

Indiana – Supreme Court to Review Former Indiana Mayor’s Corruption Appeal

Bloomberg Law News – Lydia Wheeler | Published: 12/13/2023

The U.S. Supreme Court will hear an appeal from former Portage Mayor James Snyder, who was convicted of bribery for accepting money from a government contractor for what he said were “consulting services.” Federal prosecutors say Snyder successfully steered two contracts for town garbage trucks worth $1.125 million to a trucking company in return for $13,000.

Kansas – A Lawsuit by Latinos in Kansas Claims Their City’s Election Method Is Unfair

MSN – Silvia Foster-Frau (Washington Post) | Published: 12/19/2023

Known for its cowboy culture and as a symbol of the Western frontier, Dodge City, Kansas, an emblem of an older, Whiter America, is now 65 percent Latino. Despite its changing demographics, the city commission – the local body in charge of enacting policies that affect its residents most directly – remains nearly all White. Every commissioner is elected city-wide rather than by just one district. Experts who study representation have found at-large election systems have frequently diluted the minority vote in towns and cities with significant non-White populations across the country.

Kansas – Kansas Supreme Court Rules Against Kris Kobach and Scott Schwab in Election Law Case

MSN – Jason Alatidd (Topeka Capital Journal) | Published: 12/15/2023

The Kansas Supreme Court sided with voter advocacy groups in a lawsuit against Secretary of State Scott Schwab and Attorney General Kris Kobach challenging the legality of an election law enacted by the Republican-controlled Legislature over the veto of Gov. Laura Kelly. The matter was one of two argued before the Supreme Court this year stemming from the same case. The ruling addressed the dispute over a provision of House Bill 2183 that makes it a felony crime to impersonate an election official.

Kentucky – Kentucky Supreme Court Upholds Congressional Boundaries Passed by GOP-Led Legislature

ABC News – Bruce Scheiner (Associated Press) | Published: 12/14/2023

The Kentucky Supreme Court upheld Republican-drawn boundaries for state House and congressional districts, rejecting Democratic claims the majority party’s mapmaking amounted to gerrymandering in violation of the state constitution. The court noted an alternative proposal would have resulted in nearly the same lopsided advantage for Republicans in House elections and would not have altered the GOP’s advantage in U.S. House seats from the state.

Michigan – Appeals Panel Won’t Block Trump from Michigan’s Presidential Primary Ballot

Detroit News – Beth LeBlanc | Published: 12/14/2023

The Michigan Court of Appeals will not block Donald Trump from the state’s presidential primary ballot, ruling the issue is not ripe for a decision from a three-judge panel. The decision upheld lower court rulings that found arguments Trump should be disqualified from the ballot under the Insurrection Clause were not yet relevant ahead of Michigan’s February 27 presidential primary. Opponents seeking to oust Trump from the ballot had asked judges to order Secretary of State Jocelyn Benson to determine Trump’s eligibility.

Minnesota – Judge Halts Minnesota Law Barring Donations by Businesses with Level of Foreign Investors

Minnesota Public Radio – Brian Bakst | Published: 12/20/2023

A federal judge halted a Minnesota campaign finance law that aimed to curtail political donations from corporations with at least some degree of foreign ownership. The Minnesota Chamber of Commerce won an injunction while a lawsuit filed in July proceeds. U.S. District Court Judge Eric Tostrud said the law could squelch speech and is therefore counter to the First Amendment. His ruling also said lawmakers failed to show how contributions or independent spending by companies with foreign shareholders results in undue influence.

Missouri – In a Statehouse Short on Space, Missouri Speaker Converted an Office into a Liquor ‘Pantry’

Missouri Independent – Jason Hancock | Published: 12/20/2023

Room 306B is not the biggest office in the space-starved Missouri statehouse, where staff often work out of tiny, windowless rooms. But it has direct access to the House Lounge, where conference committees, leadership meetings, and press conferences are often held. Speaker Dean Plocher took over that space and converted it into what has been jokingly referred to as his “butler’s pantry,” a makeshift storage room stocked with liquor, beer, wine, and soda to complement the supply in his separate office.

New Mexico – Ethics Commission Affirms State Treasurer Laura Montoya Violated Campaign Finance Law

MSN – Daniel Chacón (Santa Fe New Mexican) | Published: 12/20/2023

The State Ethics Commission upheld a hearing officer’s decision finding New Mexico Treasurer Laura Montoya violated campaign finance reporting laws by accepting $10,000 in concealed contributions. An investigation revealed Montoya received the money from a real estate developer through a PAC that acted as a conduit and then failed to report the true source of the donation.

New Mexico – Ethics Board Advances Search for Online Critic ‘Jay Baker’

Santa Fe New Mexican – Carina Julig | Published: 12/14/2023

The Ethics and Campaign Review Board ruled a complaint filed by incoming city council member Pilar Faulkner against an online critic known as “Jay Baker” could move forward but two other complaints filed after the recent election could not. Jay Baker is an anonymous Facebook poster who is a frequent critic of Mayor Alan Webber’s administration. In her complaint, Faulkner alleges the poster paid for digital ads without including identifying information required under city law.

New York – State Ethics Panel in Limbo as It Appeals Ruling It’s Unconstitutional

Albany Times Union – Brendan Lyons | Published: 12/18/2023

The ability of New York’s ethics panel to investigate complaints and impose penalties remains in limbo after a state Supreme Court justice issued a stay on the commission’s request to continue performing its ministerial duties as it awaits an appellate court’s review of whether its structure violates the state constitution. State Supreme Court Justice Thomas Marcelle determined the commission was formed and assigned enforcement powers in violation of the constitution, in part, because it was not done through a constitutional amendment that would have required a vote “of the people.”

New York – After 40 Witnesses and 43 Days of Testimony, Here’s What We Learned at Trump’s Civil Fraud Trial

MSN – Michael Sisak and Jennifer Pelz (Associated Press) | Published: 12/15/2023

New York Attorney General Letitia James has accused Donald Trump of inflating his wealth on financial statements used to secure loans and make deals. Closing arguments are scheduled for early January. The judge has already ruled Trump is liable for making fraudulent statements, but other claims and a potential final penalty still need to be decided.  The trial offered fresh insight into Trump’s finances and gave a glimpse of Trump’s political and legal strategies as his court and campaign calendars increasingly overlap.

Oklahoma – Oklahoma Rural Water Association PAC Turns Itself in for Ethics Violations

KOSU – Graycen Wheeler | Published: 12/19/2023

In 2015, the Oklahoma Rural Water Association (ORWA) formed a PAC to accept donations and support candidates. The PAC broke state rules about political contributions and recordkeeping. It agreed to pay $12,000 to Oklahoma’s general revenue fund before dissolving its assets, getting rid of its funds, and shutting down.

Oklahoma – Ethics Commission Retains Attorney Ahead of ‘Nightmare’ Guardian System Scenario

NonDoc – Michael McNutt | Published: 12/15/2023

With the plug possibly being pulled on the public website for state-level campaigns and lobbyist reporting in the middle of the 2024 election cycle, the Oklahoma Ethics Commission authorized its executive director to retain an attorney to file a claim in a contractual dispute with the system’s vendor. Representatives from Civix, a public software and services firm, notified the Ethics Commission in July that the software used to operate The Guardian System would no longer be updated after July 1, 2024.

Oregon – Portland’s Campaign Finance Program Scales Back Ahead of 2024 Election

OPB – Alex Zielinski | Published: 12/19/2023

Portland’s public campaign financing program does not have enough money to operate at full capacity ahead of the 2024 election. For some candidates, this means losing hundreds of thousands of anticipated dollars to run their campaigns. The city’s Small Donor Election program works to help candidates who lack wealthy donors by rewarding those who pledge to only accept individual campaign contributions under $250.

South Carolina – Nancy Mace Racked Up Nearly $17K in Fines as a State Rep. She Will Only Pay a Fraction of It.

Charleston Post and Courier – Nick Reynolds | Published: 12/14/2023

In the years after leaving the South Carolina House, U.S. Rep. Nancy Mace amassed thousands of dollars in unpaid ethics fines due to an old campaign account she never closed. With $16,700 in unpaid fines as of March 2023, Mace was one of the largest delinquent accounts the House Ethics Committee had on its books. Mace finally closed the account on December 12. And after years of trying, the Ethics Committee might finally collect on those fines. It will just be a lot less than they were owed.

South Dakota – New Briefs Details South Dakota Officials’ Questions About Conflict of Interest Clause

Yahoo News – Annie Todd (Sioux Falls Argus Leader) | Published: 12/14/2023

The South Dakota governor, attorney general, and Legislature sent briefs to the state Supreme Court so the justices can issue clearer guidance on the state constitution’s contract clause. Gov. Kristi Noem had requested the Supreme Court issue an advisory opinion back in October. The request came after former Sen. Jessica Castleberry resigned following an investigation that found she had improperly received COVID-19 federal stimulus loans for her daycare business, violating the state constitution.

Tennessee – Tennessee Legislature’s Harassment Policy So Far Unchanged Since Lawmaker Resignation

Yahoo News – Vivian Jones (Tennessean) | Published: 12/20/2023

No changes have been made to the Tennessee Legislature’s workplace harassment policy after a lawmaker faced no known consequences from Republican leadership following an ethics panel finding he harassed a 19-year-old intern last year. Former Rep. Scotty Campbell maintained his elected seat, committee assignments, office and staff, and his leadership position as vice chair of the House Republican Caucus until mounting public pressure led him to suddenly resign.

West Virginia – W.Va. Governor’s Efforts to Save Coal Plant Raise Conflict-of-Interest Concerns

E&E News – Scott Waldman | Published: 12/20/2023

West Virginia Gov. Jim Justice went to unusual lengths four years ago to save a single coal-burning power plant. Now that he is running for the U.S. Senate, his efforts to rescue that plant are coming under new scrutiny as he tries to step onto the national stage. Justice leaned on state lawmakers in 2019 to pass an annual $12.5 million tax break for the plant, which was owned by a subsidiary of FirstEnergy. At the time, FirstEnergy was suing a Justice family coal company for $3.1 million over a contract dispute.

Campaign Finance

National: “FEC Revises Rules for Candidates Drawing Salaries from Campaigns” by Daniela Altimari (Roll Call) for MSN

Elections

Georgia: “Judges Dubious of Mark Meadows’ Bid to Avoid Facing Charges in Georgia State Court” by Josh Gerstein and Kyle Cheney (Politico) for Yahoo News

Kansas: “Kansas Supreme Court Rules Against Kris Kobach and Scott Schwab in Election Law Case” by Jason Alatidd (Topeka Capital Journal) for MSN

National: “A Fight for Black Representation, with a Civil Rights Landmark on the Line” by Patrick Marley (Washington Post) for MSN

Ethics

California: “Independent Governance Reform Group Calls for Stronger Ethics Commission” by Caroline Petrow-Cohen (Los Angeles Times) for MSN

New Mexico: “Ethics Board Advances Search for Online Critic ‘Jay Baker'” by Carina Julig for Santa Fe New Mexican

New York: “After 40 Witnesses and 43 Days of Testimony, Here’s What We Learned at Trump’s Civil Fraud Trial” by Michael Sisak and Jennifer Pelz (Associated Press) for MSN

Redistricting

Kentucky: “Kentucky Supreme Court Upholds Congressional Boundaries Passed by GOP-Led Legislature” by Bruce Scheiner (Associated Press) for ABC News

National/Federal

Kevin McCarthy Uses PAC to Lavish Cash on High-End Resorts, Private Jets and Fine Dining

MSN – Paul Pringle and Adam Elmahrek (Los Angeles Times) | Published: 12/7/2023

As her exits Congress two months after his historic ouster as House speaker, political obituaries tout Kevin McCarthy’s skills as a prolific fundraiser on behalf of Republican candidates. Also setting him apart from other congressional leaders was his roughly decade-long pattern of using his Majority Committee PAC to spend lavishly on hotels, private jets, and fine dining establishments, according to a Los Angeles Times analysis. From 2012 through last June, McCarthy’s PAC shelled out more than $1 million on hotels, private air travel, and eateries.

Trump Gag Order Reinstated but Narrowed in Jan. 6 Case

MSN – Rachel Weiner (Washington Post) | Published: 12/8/2023

A federal appeals court narrowed an order limiting what Donald Trump can say about people involved in the criminal case alleging he tried to subvert the 2020 election results, saying he cannot talk about witnesses’ involvement or single out other individuals in ways likely to interfere with the case. U.S. District Court Judge Tanya Chutkan had prohibited him from “targeting” any individuals involved in the case involved in the case. The judges said “targeting” was too broad a prohibition on Trump and could be “chilling speech” unlikely to have any impact on the case.

House Ethics Committee Requests Interview with Witness in Gaetz Probe

MSN – Paula Reid and Annie Grayer (CNN) | Published: 12/7/2023

The House ethics committee reached out to at least one witness as part of its investigation into U.S. Rep. Matt Gaetz to schedule an interview in the coming weeks, the latest sign the once dormant probe remains open. The Justice Department in February informed Gaetz’s lawyers it would not bring criminal charges against the Florida Republican after a yearslong sex-trafficking investigation. Gaetz has repeatedly denied any wrongdoing.

Dictator-for-a-Day? Scholars Say Trump Can Do Damage Without Being One.

MSN – Sarah Ellison (Washington Post) | Published: 12/11/2023

For autocracy scholars and constitutional law experts, Donald Trump’s statements about being a dictator for a day if he is elected again raised alarms that he had thought carefully about how to consolidate the levers of power should he return to office in ways that eluded him in his first four years in the White House. Scholars say even without violating the letter of the law, Trump would have access to broad powers granted to him as chief of the executive branch. He does not need to become a dictator to subvert democracy, they say: he can simply use the tools of democracy to do so.

As Advertisers Flee Musk’s X, Democrats Splurge on Political Ads

MSN – Cristiano Lima and Aaron Schaffer (Washington Post) | Published: 12/11/2023

Advertisers are fleeing Elon Musk’s X amid rising concerns the social media site and its owner are amplifying antisemitic and hateful material. But an unlikely group of holdouts has continued to pump ad dollars into the embattled platform: Democrats running for office. Democrats have spent over a million dollars to run thousands of political ads on X since the platform lifted its ban on such messages earlier this year.

Supreme Court Will Consider Fast-Tracking Trump Appeal in D.C. Trial

MSN – Devlin Barrett, Perry Stein, Robert Barnes, and Rachel Weiner (Washington Post) | Published: 12/11/2023

The U.S. Supreme Court will consider special counsel Jack Smith’s request to fast-track consideration of Donald Trump’s claim he is immune from prosecution for alleged election obstruction in 2020, intensifying the legal jockeying over whether Trump’s criminal trial will stay on schedule for early next year. The response by the Supreme Court came hours after Smith’s office filed its request seeking to essentially leapfrog an appeals court process that Trump has already started but which could take months to resolve.

DeSantis’ Campaign and Allied Super PAC Face New Concerns About Legal Conflicts, AP Sources Say

MSN – Steve Peoples and Thomas Beaumont (Associated Press) | Published: 12/12/2023

As Florida Gov. Ron DeSantis works to project strength in the Republican presidential primaries and cut into Donald Trump’s huge lead, DeSantis’s expansive political machine is facing leadership challenges, stagnant polling numbers, and new concerns about potential legal conflicts. There has been concern in recent weeks among some within DeSantis’s operation that interactions between his campaign and his network of outside groups are blurring the lines of what is legally permissible.

Still Lacking Evidence, House GOP Votes to Formalize Biden Impeachment Inquiry

MSN – Jaqueline Alemany and Matt Viser (Washington Post) | Published: 12/13/2023

House Republicans voted to formally authorize an impeachment inquiry against President Biden to strengthen their oversight powers as GOP lawmakers continue to investigate the Biden family’s finances. The foundation of the impeachment inquiry rests on an unsubstantiated allegation that has become the linchpin of conspiracy theories and false claims regarding the Biden family’s purported corrupt and criminal conduct.

A ‘Black Hole’ Exists in State Lobbying Disclosures: Report

Yahoo News – Taylor Giorno (The Hill) | Published: 12/13/2023

A report commissioned by Public Citizen found 98 percent of S&P 500 companies do not provide their investors with state-specific data on lobbying activity. Since 2010, investors have filed 576 shareholder resolutions requesting more details on how much companies spend on lobbying activities and oversight of those activities, the report found. The only S&P 500 company that disclosed material risk connected to lobbying on its annual report to investors was FirstEnergy, which was wrapped up in a recent scandal that thrust this issue into the spotlight.

Supreme Court Will Review Scope of Obstruction Law That Trump Is Charged with Breaking

Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 12/13/2023

The U.S. Supreme Court agreed to take up a case that could derail hundreds of January 6 felony prosecutions and could also deal a blow to special counsel Jack Smith’s prosecution of Donald Trump. The case, arising from the prosecution of a defendant accused of pushing against police and inflaming a mob attempting to breach the Capitol, calls into question prosecutors’ handling of an Enron-era obstruction law to punish those who stormed Congress.

Kansas Republican Watkins, Ousted Amid Voter Fraud Charges, Returns to Congress as Lobbyist

Yahoo News – Daniel Desrochers (Kansas City Star) | Published: 12/11/2023

Former Rep. Steve Watkins is back in the U.S. Capitol, this time as a lobbyist. He waited more than two years after leaving office before registering as a lobbyist. Watkins entered a diversion agreement on three felony charges for voting in the wrong city council race in Topeka’s 2019 municipal election. A little less than a year after admitting guilt, Watkins registered a company called Huxley Rock LLC. Huxley Rock is a one-man firm. Watkins’ LinkedIn page says it specializes in business and political consulting.

From the States and Municipalities

Alaska – Alaska Campaign Watchdog Rules Anti-Ranked Choice Group Can Continue Gathering Signatures

Yahoo News – Iris Samuels (Anchorage Daily News) | Published: 12/7/2023

An anti-ranked choice voting ballot group will be allowed to continue operating with no immediate consequences for alleged campaign finance violations after a decision by the Alaska Public Offices Commission. The commission considered whether to expedite the adjudication of a complaint alleging the ballot group was helped by an Anchorage church, in violation of the law, as the group works to repeal Alaska’s voting system. By the time the commission rules on whether the law was violated, the group’s work will be done.

Arizona – Phoenix Approves Ethics Commission After 6 Years and on the Fourth Attempt

MSN – Sam Kmack (Arizona Republic) | Published: 12/13/2023

The Phoenix City Council approved the creation of ethics commission after spending six years trying and failing to convene the group, which will now independently investigate complaints of ethical violations against elected officials and other city leaders. Such groups exist in almost every other sizable city in the country, said Phoenix Mayor Kate Gallego. But since 2017, Phoenix has struggled to put the commission together thanks to consistent objections from officials on both sides of the isle.

Arizona – Arizona GOP Leaders Sued to Stop ‘Dark Money’ Transparency. A Judge Will Rule by Year’s End

Yahoo News – Mary Joe Pitzl (Arizona Republic) | Published: 12/13/2023

A judge said he will rule by December 29 in a case challenging the constitutionality of a voter-approved law on campaign finance transparency. Attorneys representing Republican legislative leaders are asking Maricopa County Superior Court Judge Timothy Ryan to issue a preliminary injunction to block the law. It requires disclosure of major donors to campaigns that until now has been able to mask their contributors by creating a class of nonprofit organizations that do not have to name their donors.

California – How Well Is Your Legislator Representing You?

CalMatters – Sameea Kamal | Published: 12/10/2023

Despite the hundreds of laws that legislators pass each year, many Californians are not always aware of what their representatives do, or how their decisions impact their lives. Their job description is modeled after what federal lawmakers do, in response to specific needs, or based on how legislators interpret the principles of representation. Given the lack of strict requirement, how do we measure how well a lawmaker is performing?

Colorado – Lawyer on Denver Health Board Says He’s Stopped Lobbying for Tobacco Giant Altria After Getting a Call to Resign

Colorado Public Radio – John Daley | Published: 12/13/2023

Denver updated its application for those who want to sit on one of the city’s 130 boards and commissions. The application now includes questions that ask applicants if they are a registered lobbyist and if they would have a conflict-of-interest in their new position. The change was a request from the city council to add transparency after some members thought there was not enough when the former mayor appointed a lobbyist whose clients included a tobacco company to the board of Denver Health.

Florida – DeSantis Staffers Blocked Release of Travel Records, Whistleblower Says

MSN – Beth Reinhard (Washington Post) | Published: 12/13/2023

During a meeting, Florida Department of Law Enforcement (FDLE) officials said some of Gov. Ron DeSantis’s travel records should be released, but the governor’s aides overruled them, citing a new state law that restricts access to those records. The dispute escalated into a major battle over the law limiting disclosure of DeSantis’s travel activities and information about his state taxpayer-funded security detail as he crisscrosses the country seeking the Republican presidential nomination. The FDLE is tasked with protecting and transporting the governor and maintaining his travel records.

Florida – A Report Rips Disney for Freebies to Its Local Board. It Omits Gifts to Top Florida Politicians.

NBC News – Noah Pransky and Alec Hernández | Published: 12/7/2023

A war of words – and regulations – escalated when a board, hand-picked by Florida Gov. Ron DeSantis, endorsed an audit alleging Disney World for decades used free park perks to improperly influence public officials and employees tasked with the oversight of the park. The audit claimed Disney gave complimentary annual passes and steep discounts to the public employees, calling the perks “akin to bribes.”

Florida – Howland Files Legislation for Certain No-Bid Contracts to Go Through Jacksonville City Council

Yahoo News – Hanna Holthaus (Florida Times-Union) | Published: 12/11/2023

New legislation could bring an end to no-bid lobbying contracts in Jacksonville city government. The city council’s finance committee criticized the $300,000 federal grant writing and lobbying contract to Langton Consulting, owned by Mayor Donna Deegan supporters, because the administration offered it directly without shopping for other bids. Committee Chairperson Nick Howland asked the administration to drop the contract and filed a bill to require all future state and federal lobbying and grant writing contracts to be approved by city council.

Georgia – Georgia Libertarians Fight Two-Party Campaign Finance Law at 11th Circuit

Courthouse News Service – Kayla Goggin | Published: 12/13/2023

An appeals court will decide whether to give the Libertarian Party of Georgia another chance at pursuing its challenge to a campaign finance law that allows some candidates to accept unlimited campaign contributions, a fundraising advantage the party says benefits Republican and Democratic hopefuls over third-party contenders. The lawsuit claims the act unfairly allows Republican and Democratic candidates to create special leadership committees to accept campaign contributions over the typical limits.

Georgia – Giuliani Could Pay Millions as Ga. Election Worker Defamation Trial Starts

MSN – Spencer Hsu and Rachel Weiner (Washington Post) | Published: 12/10/2023

Former Trump attorney Rudy Giuliani could be on the hook for up to $43.5 million in damages as a defamation lawsuit filed against him by two Georgia election workers goes to trial. The showdown between the financially strapped Giuliani and the two temporary poll workers he baselessly accused of ballot tampering in 2020 will highlight a major court battle over false claims that became central to former President Trump’s efforts to stay in power and is now at the heart of two criminal cases against him.

Illinois – Four Years Later, City Council Finally Poised to Extend Lobbyist Requirements to Nonprofits

Chicago Sun-Times – Fran Spielman | Published: 12/11/2023

Chicago is finally getting around to broadening the definition of registered lobbyists to include nonprofits, but only after softening the blow to avoid tying their hands with costly red tape. The city council’s Committee on Ethics and Government Oversight passed a revised ordinance that calls for Chicago to join New York, Los Angeles, San Francisco, and Philadelphia in requiring nonprofit lobbyists to register and file regular reports with the Board of Ethics.

Illinois – Board of Ethics Finds Probable Cause Four Lobbyists Improperly Donated to Johnson

MSN – A.D. Quig (Chicago Tribune) | Published: 12/13/2023

The Chicago Board of Ethics found two registered lobbyists appeared to violate an executive order by giving money to Mayor Brandon Johnson. The violations do not carry a penalty for the mayor but could mean those lobbyists lose their ability to work at City Hall. Former Mayor Rahm Emanuel in 2011 signed the orders barring donations from city contractors and lobbyists, which will remain in place until a future mayor rescinds them.

Iowa – Iowa Lawmaker Calls for Gov. Kim Reynolds to Remove Satanic Display from Capitol

MSN – Victoria Reyna-Rodriguez and Noelle Alviz-Gransee (Des Moines Register) | Published: 12/11/2023

A satanic display placed in the Iowa Capitol is unconstitutional, said Rep. Brad Sherman, who is calling on Gov. Kim Reynolds to order its removal. But other Republican legislators say they would oppose the government limiting freedom of speech in reaction to the display, which will be in place for a total of two weeks.

Maine – Anti-Super PAC Campaign Says They Have Enough Signatures to Get on the Maine Ballot

Maine Beacon – Dan Neuman | Published: 12/7/2023

A ballot campaign led by activist Lawrence Lessig to limit contributions to super PACs says it has collected enough signatures to qualify for the Maine ballot in 2024. Super PACs differ from traditional PACs in that they give corporations the ability to make unlimited contributions. Maine Citizens to End Super PACs, the group behind the ballot question, argues that if successful, the initiative would cap donations to super PACs at $5,000, all but eliminating their effectiveness.

Maine – Maine Media Groups, Utilities Challenge New Law on Foreign Spending on Referendums

Portland Press Herald – Rachel Ohm | Published: 12/12/2023

Maine’s two largest power companies and groups representing media outlets filed separate federal lawsuits challenging a state law passed by voters in November to ban foreign governments and affiliated organizations from spending money on state and local referendum campaigns. The measure is largely a response to foreign government spending in the referendum campaign two years ago over the future of a planned electricity corridor in western Maine.

Massachusetts – Brookline School Officials Violated Massachusetts Campaign Finance Laws by Sending Emails About Tax Increases

MSN – James Vaznis (Boston Globe) | Published: 12/9/2023

Tucked inside various newsletters to parents in Brookline last spring were appeals from school administrators to support property tax hikes at the ballot box for the school budget, accompanied by warnings about devastating cuts if the votes failed. Brookline officials got their way at the ballot box, but repeatedly broke the state’s campaign finance law by sending out the emails to influence the vote, according to an investigation by the Massachusetts Office of Campaign and Political Finance.

Michigan – Records: Michigan senator helped steer $25M Clare grant now under investigation

Bridge Michigan – Jonathan Oosting and Mike Wilkinson | Published: 12/13/2023

A state senator and a lobbyist intervened to help a former legislative staffer obtain a $25 million grant that is now under investigation by Michigan Attorney General Dana Nessel for possible prosecution. Records shed new light on how a no-bid contract was awarded to a nonprofit created and run by Dave Coker, who once worked for them-House Speaker Jason Wentworth. State Sen. Rick Outman acknowledged he phoned state health officials on behalf of the project, but maintained he had no idea that Coker would benefit.

Michigan – Whitmer Signs Bills Criminalizing Election Official Intimidation, Curbing AI in Campaigns

Detroit News – Beth LeBlanc | Published: 11/30/2023

Michigan Gov. Gretchen Whitmer signed nearly 20 bills that will create penalties for intimidating an election worker, solidify the process for presidential electors, change the way young people register to vote, and put restrictions on the use of artificial intelligence in campaign ads. Bill sponsors described the legislation as a way to button up state laws in the wake of controversy over the 2020 presidential election.

Michigan – Whitmer Signs Bills Implementing Proposal 1

MSN – Clara Hendrickson (Detroit Free Press) | Published: 12/9/2023

Michigan Gov. Gretchen Whitmer signed bills implementing requirements for top state officials and lawmakers to report information about their finances after voters approved a constitutional amendment mandating the disclosures. The bills go beyond Proposal 1, subjecting candidates for office to financial reporting requirements, for instance. But they do not go as far as some Democratic lawmakers and transparency advocates had hoped.

Nevada – Lombardo Spurned Ethics Commissioner’s Reapplication Ahead of Major Vote, Emails Show

Nevada Independent – Tabitha Mueller | Published: 12/13/2023

Days before a Nevada Commission on Ethics on a potential $1.6 million fine for using his sheriff’s badge and uniform during his 2022 campaign for governor, Gov. Joe Lombardo appointed two new members to the eight-member board, both of whom later voted against fining or censuring the governor. Emails indicate Lombardo made the new appointments despite a former Republican commissioner expressing interest in serving another term.

New Jersey – Judge Throws Out Suit That Tried to Block Changes to NJ Campaign Finance Law

Yahoo News – Ashley Balcerzak (Bergen Record) | Published: 12/11/2023

A state judge dismissed a lawsuit that  the former leader of New Jersey’s campaign finance watchdog agency filed against Gov. Phil Murphy seeking to overturn a controversial new law revamping campaign finance rules. It was the second of two lawsuits filed by Jeff Brindle, the former executive director of the Election Law Enforcement Commission. The judge dismissed the case with prejudice, meaning Brindle cannot file the same lawsuit again.

New York – Hochul Vetoes Lobbying Loophole Bill After Chief Judge Battle

Albany Times Union – Joshua Solomon | Published: 12/10/2023

New York Gov. Kathy Hochul vetoed bipartisan legislation intended to close a loophole in lobbying laws that was exposed during a political battle over her initial, and failed, nomination of a new chief judge of the Court of Appeals. The efforts to influence the selection of the state’s top judge had centered on Hochul’s efforts to install Justice Hector LaSalle as the top jurist on the state’s highest court. The nomination triggered well-funded efforts to influence the Legislature’s decision on LaSalle’s appointment, revealing a gap in state law that allows unregistered lobbying in judicial nominations and other top state offices.

New York – New York High Court Allows State Democrats Chance to Alter Congressional Maps

MSN – Maegan Vazquez and Azi Paybarah (Washington Post) | Published: 12/12/2023

The New York State Court of Appeals granted Democrats who control the state Legislature a chance to approve a new set of congressional district lines, effectively throwing out a map that led to several Republican victories in 2022 House races. The ruling could be consequential in determining which party controls the House during the next Congress. In 2022, Republicans flipped four districts in New York, giving them a razor-thin majority in the House.

New York – Appeals Court Denies Trump’s ‘Presidential Immunity’ Argument in Defamation Lawsuit

MSN – Philip Marcelo (Associated Press) | Published: 12/13/2023

A federal appeals court ruled Donald Trump gave up his right to argue presidential immunity protects him from being held liable for statements he made in 2019 when he denied he raped advice columnist E. Jean Carroll. A three-judge panel upheld a lower court’s ruling that Trump had effectively waived the immunity defense by not raising it when Carroll first filed a defamation lawsuit against him four years ago.

Oklahoma – Okla. Ethics Commission Names New Executive Director

NonDoc – Michael McNutt | Published: 12/7/2023

Lee Anne Bruce Boone was named as the new executive director of the Oklahoma Ethics Commission. She will start her duties on January 4, succeeding Ashley Kemp. Commission Chairperson Jarred Brejcha said Boone’s leadership skills stood out among the 14 applicants for the post. All the applicants were from Oklahoma.

Oregon – ‘Thank God They Walked Out’: Oregon’s partisan divide highlights heightened animosity in statehouses

Yahoo News – Paul Demko (Politico) | Published: 12/13/2023

Ten Oregon Republican state senators may face the end of their legislative careers for a six-week legislative walkout aimed at thwarting what they see as a radical Democratic agenda. The lawmakers are banned from running for reelection for accumulating at least 10 unexcused absences during this year’s legislative session. It is arguably the most glaring example of how Washington’s toxic partisan culture is increasingly infecting statehouses across the country.

Pennsylvania – The Philly Ethics Board Dropped Its Case Against the ‘Super PAC’ That Backed Mayoral Candidate Jeff Brown

MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 12/11/2023

The Philadelphia Board of Ethics dropped its lawsuit against the super PAC that supported Jeff Brown’s unsuccessful run for mayor, ending a legal saga that shook up the election and contributed to Brown’s fifth-place finish in the Democratic primary. The board announced it will instead focus on revising the campaign finance regulations that were at the center of the dispute.

Texas – Supreme Court Allows Texas Voting Map Challenged by Civil Rights Advocates

MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 12/12/2023

The U.S. Supreme Court allowed a local Texas election to go forward under a map that a lower court had found diluted the votes of Black and Latino residents. The order came in response to a challenge from civil rights advocates opposed to the voting districts in Galveston County. While the case involves the boundaries in just one locality, it could have broader implications for challenges to election maps and the protection of voting rights nationwide.

Washington – WA GOP Fights Secretary of State’s Effort to Track Election Misinformation

Seattle Times – Jim Brunner | Published: 12/11/2023

An effort by Washington Secretary of State Steve Hobbs to track and refute viral online misinformation about elections has prompted objections from the state Republican Party. The state GOP recently filed a formal complaint with the Executive Ethics Board, accusing Hobbs of violating the constitution and his oath of office by hiring a firm to scour social media for harmful “narratives and threats” about Washington elections officials and voting.

Campaign Finance Maine: “Maine Media Groups, Utilities Challenge New Law on Foreign Spending on Referendums” by Rachel Ohm for Portland Press Herald Elections National: “Supreme Court Will Review Scope of Obstruction Law That Trump Is Charged with Breaking” by Kyle Cheney and Josh Gerstein (Politico) for Yahoo News Ethics Florida: “DeSantis Staffers Blocked Release of Travel Records, Whistleblower Says” by Beth Reinhard (Washington Post) for MSN Nevada: “Lombardo Spurned Ethics Commissioner’s Reapplication Ahead of Major Vote, Emails Show” by Tabitha Mueller for Nevada Independent Legislative Issues Oregon: “‘Thank God They Walked Out’: Oregon’s partisan divide highlights heightened animosity in statehouses” by Paul Demko (Politico) for Yahoo News Lobbying Colorado: “Lawyer on Denver Health Board Says He’s Stopped Lobbying for Tobacco Giant Altria After Getting a Call to Resign” by John Daley for Colorado Public Radio Illinois: “Board of Ethics Finds Probable Cause Four Lobbyists Improperly Donated to Johnson” by A.D. Quig (Chicago Tribune) for MSN National: “A ‘Black Hole’ Exists in State Lobbying Disclosures: Report” by Taylor Giorno (The Hill) for Yahoo News Redistricting New York: “New York High Court Allows State Democrats Chance to Alter Congressional Maps” by Maegan Vazquez and Azi Paybarah (Washington Post) for MSN Texas: “Supreme Court Allows Texas Voting Map Challenged by Civil Rights Advocates” by Robert Barnes and Ann Marimow (Washington Post) for MSN

The Independent Redistricting Commission (IRC) of New York has been tasked with redrawing the state’s congressional map by New York’s highest court.

This decision to create a new map is due to a lawsuit brought against the IRC by voters after the Legislature was forced to create the most recent congressional maps rather than the IRC.

The new congressional map will need to make its way to the Legislature by the end of February in order to be in effect for the upcoming 2024 elections.

National/Federal

Antagonisms Flare as Red States Try to Dictate How Blue Cities Are Run

MSN – Molly Hennessy-Fiske (Washington Post) | Published: 11/27/2023

Despite long advocating small government and local control, Republican governors and legislators across a significant swath of the country are increasingly overriding the actions of Democratic cities – removing elected district attorneys or threatening to strip them of power, taking over election offices, and otherwise limiting local independence. The antagonisms between red states and blue cities are all the more notable because the urban areas in the crosshairs are mostly majority-minority, with many mayors and district attorneys of color.

Donations to GOP Drop as Worries Mount About the Party’s Finances

MSN – Isaac Arnsdorf and Josh Dawsey (Washington Post) | Published: 11/27/2023

The Republican Party’s finances are increasingly worrisome to party members, advisers to former President Trump, and other operatives involved in the 2024 election effort. The Republican National Committee (RNC) disclosed it had $9.1 million in cash on hand as of October 30, the lowest amount for the RNC in any FEC report since February 2015. Donors have not cut as many large checks to the RNC in recent years, and the party’s small-dollar program has also suffered, according to people familiar with the party’s finances.

Trump Lawyers Seek to Probe U.S. Handling of 2020 Election Fraud Claims

MSN – Spencer Hsu and Rachel Weiner (Washington Post) | Published: 11/28/2023

Attorneys for Donald Trump asked a federal judge to allow them to investigate several U.S. government agencies about their handling of investigations into him and allegations of voter fraud three years ago as the former president moves to defend himself from charges that he criminally conspired to subvert the results of the 2020 election. His demands in the historic prosecution are wide-ranging. Trump’s lawyers argued for broad leeway to compel special counsel Jack Smith’s prosecution team to turn over vast swaths of information.

‘Shrugged Off and Ignored’: Lawmakers disagree on how to ease pain of election churn

MSN – Justin Papp (Roll Call) | Published: 11/30/2023

Constituent casework is a basic function of any congressional office. But in North Carolina, U.S. Rep. Chuck Edwards’ predecessor, embattled former Rep. Madison Cawthorn, declined to give him access to any constituent case files after Edwards beat him in a closely fought primary. The situation exposed a long-standing problem of rocky transitions, with constituents caught in the middle, and lawmakers have not agreed on how to fix it.

Details of Scott Perry’s Role in Trump Efforts to Stay in Power Unsealed

MSN – Rachel Weiner, Spencer Hsu, and Devlin Barrett (Washington Post) | Published: 11/30/2023

A batch of communications was released in the case of U.S. Rep. Scott Perry by the District of Columbia Circuit Court of Appeals, which has heard litigation over special counsel Jack Smith’s effort to access the communications stored on Perry’s cell phone. The court partially blocked Smith’s effort in a ruling that relied on the Constitution’s “speech or debate” clause. Later, the documents appeared to have been removed from the court’s public docket, suggesting it may have been posted inadvertently.

Johnson’s Release of Jan. 6 Video Feeds Right-Wing Conspiracy Theories

Seattle Times – Luke Broadwater, Alan Feuer, and Angelo Fichera (New York Times) | Published: 11/23/2023

House Speaker Mike Johnson’s decision to publicly release thousands of hours of Capitol security footage from January 6, 2021, has fueled a renewed effort by Republican lawmakers and far-right activists to rewrite the history of the attack that day and exonerate the pro-Trump rioters who took part. For Johnson, beginning to release about 40,000 hours of video footage fulfilled a promise he made to hard-right lawmakers to win their support for the speakership.

He Doesn’t Report Having Checking or Savings. So Where Did Andy Ogles Get $320,000 for His Campaign?

WTVF – Phil Williams | Published: 11/29/2023

U.S. Rep. Andy Ogles reported he loaned his campaign $320,000 during the 2022 election. The FEC report raised eyebrows among some because he had never been seen as a person of great wealth. A media investigation shows Ogles has not disclosed any substantial investments. He does not report having a savings account. From the beginning of his campaign for Congress, Ogles was dogged by questions about his fundraising claims.

Members of Congress Head for the Exits, Many Citing Dysfunction

Yahoo News – Kayla Guo (New York Times) | Published: 11/26/2023

More than three dozen members of Congress have announced they will not seek re-election next year, some to pursue other offices and many others simply to get out of Washington. The wave of lawmakers across chambers and parties comes at a time of dysfunction on Capitol Hill, primarily instigated by House Republicans. The chaos has Republicans increasingly worried they could lose their slim House majority next year, a concern that typically prompts a rash of retirements from the party in control. But it is not only GOP lawmakers who are opting to leave.

For Election Workers, Fentanyl-Laced Letters Signal a Challenging Year

Yahoo News – Michael Wines (New York Times) | Published: 11/22/2023

For the people who run elections at thousands of local offices nationwide, 2024 was never going to be an easy year. But the recent anonymous mailing of powder-filled envelopes to election offices in five states offers new hints of how hard it could be. The letters are an indicator of what some officials say is a fresh rise in threats to their safety and the functioning of the election system. They presage the pressure-cooker environment that election officials will face next year in a contest for the White House that could chart the future course of American democracy.

Could Abortion Rights Rescue Red-State Democrats in the Senate?

Yahoo News – Michael Bender and Anjali Huynh (New York Times) | Published: 11/29/2023

Since the Supreme Court overturned Roe v. Wade, abortion rights have become an invaluable political asset for Democrats. They have leveraged the issue to hold onto control of the Senate, limit losses in the House, and fuel victories in key state races in the Midwest and the South. But perhaps the toughest test for the issue’s power will come in U.S. Senate contests like Sherrod Brown’s in Ohio and Jon Tester’s in Montana. The fate of the thin Democratic majority in the chamber could well be sealed in those two places, by the same voters who have installed Republicans in every other statewide office.

From the States and Municipalities

Alaska – Legislative Ethics Committee Dismisses Complaints Against Alaska Lawmakers

Anchorage Daily News – Iris Samuels | Published: 11/29/2023

The Legislative Ethics Committee dismissed complaints against sitting and former Alaska lawmakers who were accused of allowing “an unregistered lobbyist” for an anti-abortion organization to use their Capitol offices as a “base of operations.” The complaints allege Rep. David Eastman and former Rep. Christopher Kurka allowed Pat Martin, head of Alaska Right to Life, to use their offices for several hours when Martin traveled from Wasilla to the state Capitol “with the stated intent to distribute signed petitions to the Legislature.”

Arizona – This Ballot Measure Could Change the Election Game. But Will the Result Be the Same?

MSN – Mary Jo Pitzl (Arizona Republic) | Published: 11/29/2023

A proposed ballot measure would eliminate Arizona’s partisan primary system and replace it with a system in which every voter can vote in every election, regardless of party affiliation or lack of affiliation. Sarah Smallhouse, a supporter of the reform, said the idea is to appeal to independents, the state’s largest voting bloc. Despite their numbers, Smallhouse said independents cannot vote in primaries unless they take the extra step of requesting a partisan ballot.

Arizona – Arizona Officials Charged with Allegedly Conspiring to Delay Midterm Election Outcome

MSN – Yvonne Wingett Sanchez (Washington Post) | Published: 11/29/2023

Two Republican members of a county election board in southern Arizona were indicted by a state grand jury. Cochise County Supervisors Peggy Judd and Terry Crosby are charged with interference with an election officer and conspiracy. The indictment alleges the two knowingly interfered with the secretary of state’s ability to finish the statewide canvass for the election by delaying a vote to formally accept their county’s votes during the time period required by state law.

Arizona – Supreme Court Rejects Arizona GOP Leaders’ Effort to Avoid Deposition in Voting Rights Suit

MSN – Ray Stern (Arizona Republic) | Published: 11/27/2023

Arizona legislative leaders will submit to depositions in a lawsuit over two voting rights laws after the U.S. Supreme Court rejected their application for an emergency stay. Senate President Warren Petersen and Speaker Ben Toma both said they would comply. The plaintiffs want to find out if Republican lawmakers created the bills with discriminatory intent.

California – Top OC Official Helped Direct Millions to His Daughter’s Center Without Disclosing Family Connection

LAist – Nick Gerda | Published: 11/22/2023

Orange County Supervisor Andrew Do has voted to fund millions of dollars to an organization led by his daughter without publicly disclosing his close family connection. Do voted twice to award contracts that included subcontracts to Warner Wellness Center, his daughter Rhiannon Do’s group. During public discussion of one of those votes, Andrew Do said he had two years of conversations with the top county health official leading up to the vote. Both of Councilperson Do’s votes to fund the subcontracts happened with no public mention his daughter was working as Warner Wellness’s president.

California – Family Vacations, Fancy Clothes and a Cigar Humidor: How an O.C. politician got fined for abusing campaign funds

MSN – Faith Pinho (Los Angeles Times) | Published: 11/24/2023

The California Fair Political Practices Commission (FPPC) fined former Assemblyperson William Brough $100,000 for using campaign funds to cover myriad personal costs, including family vacations, his children’s cellphone bills, and $2,400 worth of clothing, in violation of state law. Brough used a total of $17,303 in campaign funds for personal expenses and failed multiple record-keeping requirements, even as his campaign treasurer warned him about violations, according to the FPPC.

California – Disney’s Representative Could Soon be Considered a Lobbyist at Anaheim City Hall

Voice of OC – Hosam Elattar | Published: 11/29/2023

The Anaheim City Council agreed to enhance the city’s lobbying laws for the second time in just over a year. The ordinance expands the definition of lobbying and who needs to register to include both outside lobbyists and those employed directly by the company they are advocating for. A second council vote is needed for the ordinance to take effect. The move comes after investigators said FBI agents concluded in sworn affidavits that City Hall is essentially controlled by lobbyists and Disneyland resort interests.

Colorado – Colorado Supreme Court Will Hear Appeal of Ruling That Trump Can Stay on Ballot Despite Insurrection

MSN – Nicholas Riccardi (Associated Press) | Published: 11/21/2023

The Colorado Supreme Court agreed to hear appeals from both a liberal group that sought to disqualify Donald Trump and the former president himself after a state judge ruled Trump “engaged in insurrection” on January 6, 2021, but can still appear on the state’s ballot. The ruling by District Court Judge Sarah Wallace, which said Trump is not covered by the Constitution’s ban on insurrectionists holding office, was the latest in a series of defeats for the effort to end Trump’s candidates with Section 3 of the 14th Amendment.

Delaware – Why Delaware Elections Commissioners Rarely Enforce Campaign Finance Laws

Yahoo News – Amanda Fries (Delaware News Journal) | Published: 11/27/2023

Delaware elections officials have the authority to investigate campaign finance violations, but that oversight has never been used. Election officials can investigate campaigns for compliance with state laws regarding campaign expenditures and donations. Yet, elections officials say they have no records of probes conducted under this authority.

Florida – Mayor Suarez Faces Ethics Complaint Over Presidential Campaign Costs Billed to City

Miami New Times – Naomi Feinstein and Alex DeLuca | Published: 11/22/2023

In a complaint filed with the Florida Commission on Ethics, activist Thomas Kennedy accuses Miami Mayor Francis Suarez of violating the law by spending taxpayer funds on personal security during his bid for president. The complaint cites records that showed Miami Police Department officers traveled on the campaign trail with Suarez and billed the city more than $20,000 for their hotels, transportation, and meal expenses.

Illinois – Democratic PAC Shifts Cash Out of Its Account as It Gets Hit with One of the Biggest State Election Board Fines Ever

MSN – Rick Pearson and Jeremy Gorner (Chicago Tribune) | Published: 11/21/2023

The State Board of Elections issued $99,500 in fines against the All for Justice PAC. The move followed a report by The Chicago Tribune on the PAC’s reporting deficiencies as it spent more than $7.3 million on independent expenditures supporting Justices Elizabeth Rochford and Mary Kay O/Brien, both of whom won their campaigns and increased the Illinois Supreme Court’s Democratic majority. The PAC had been given 30 days to appeal or seek a reduction in the fines but it transferred its remaining cash balance of $149,516 to another independent expenditure committee that has been dormant since July 2019.

Illinois – Former GOP Senator, Third-Party Governor Candidate to Represent Himself in Corruption Trial

NPR Illinois – Hannah Meisel (Capital News Illinois) | Published: 11/28/2023

On what was supposed to have been the first day of the federal corruption trial of former Illinois Sen. Sam McCann for allegedly misusing more than $200,000 in campaign funds for personal expenses, McCann presented a pair of last-minute motions to represent himself, which delayed the trial for at least the 13th time. He allegedly used some of the money to pay his mortgage, buy personal vehicles, and even pay himself.

Illinois – Ethics Board Urges Chicago City Council to Tighten Rules to Stop Campaign Cash Pleas to City Employees

WTTW – Heather Cherone | Published: 11/27/2023

Chicago’s ethics ordinance should be tightened to apply to political fundraising committees to prevent future city officials from escaping sanctions for violations, including sending emails to city employees at their official email addresses asking them to send cash to their campaigns, the Board of Ethics urged the city council. The recommendation followed the board’s dismissal of a complaint prompted by Inspector General Deborah Witzburg’s determination that former Mayor Lori Lightfoot violated the ethics code by sending pleas for cash to city employees.

Indiana – Former Indiana Lawmaker Pleads Guilty to Casino Corruption Charge

MSN – Isabella Volmert (Associated Press) | Published: 11/28/2023

A former Indiana lawmaker pleaded guilty to supporting a bill favoring a casino in exchange for promises of lucrative employment. According to prosecutors, ex-Rep. Sean Eberhart, a member of the committee that oversees casinos and gaming in the state, used his position to successfully advocate for the relocation of two casinos and to obtain other favorable terms for the company, including tax incentives. In exchange, they said, Eberhart accepted the promise of future employment, which included annual compensation of at least $350,000.

Indiana – Indiana Gunmaker That Offered GOP Lawmakers Discounted Rifles Is Fined After Investigation

MSN – Kayla Dwyer (Indianapolis Star) | Published: 11/30/2023

The Indiana Lobby Registration Commission fined a gunmaker and ordered the company to register. A complaint said Fostech made a flyer available to some lawmakers advertising an “Indiana legislator rifle” at half the suggested retail price. The offer came during a session in which the company also testified in opposition to a major piece of gun legislation. Common Cause Indiana Executive Director Julia Vaughn’s complaint argued Fostech’s actions appeared to fit the definition of lobbying and should have been reported publicly as such.

Iowa – GOP Official’s Wife Convicted in Months-Long 2020 Voter-Fraud Scheme

MSN – Timothy Bella (Washington Post) | Published: 11/23/2023

As Tam and Thien Doan tried to obtain absentee ballots in Iowa in 2020, they were surprised to find out that votes had already been cast in their names. The siblings, both Democrats, were even more astonished to learn their ballots had been cast in support of Republican candidates only. Unbeknownst to the Doans, they were among a group of Vietnamese immigrants targeted in a months-long voter-fraud scheme by the wife of a Republican county supervisor who wanted her husband to win “by any means necessary” in the 2020 primary and general elections, according to prosecutors. Kim Phuong Taylor was convicted of 52 counts of voter fraud.

Kentucky – Top Metro Council Republican Will Face Removal Proceedings Over Ethics Charges

Louisville Public Media – Roberto Roldan | Published: 11/28/2023

Five Louisville Metro Council members voted to move forward with removal proceedings against Councilperson Anthony Piagentini. The process will eventually lead to an ethics trial, where the full Metro Council will act as a jury. Removing Piagentini will take a two-thirds vote. He was found guilty of ethics violations by Louisville’s Ethics Commission, which said there was “clear and convincing evidence” he negotiated a job with a nonprofit while supporting their bid for a major grant.

Maine – State Ethics Commission Fines Group Behind ‘Right to Repair’ Referendum

Yahoo News – Rachel Ohm (Portland Press Herald) | Published: 11/29/2023

Maine’s ethics commission reached an agreement with the political committee that convinced voters to approve Question 4 on the November ballot.  The commission approved a $35,000 penalty against the Automotive Right to Repair Committee because it was late complying with a transparency law for major funders. The maximum fine under state law was $240,000. Maine requires ballot question committees to notify donors who give more than $100,000 that they have to file a report with the ethics commission.

Michigan – Former Democratic Party Chair, AIPAC Deny Offering Nasser Beydoun $20M to Run Against Rashida Tlaib

Yahoo News – Todd Spangler and Clara Hendrickson (Detroit Free Press) | Published: 11/28/2023

Nasser Beydoun, an Arab-American businessperson who is running for the open U.S. Senate seat in Michigan, became the second Democratic candidate to say he was offered as much as $20 million in campaign support to abandon that race and run instead against U.S. Rep. Rashida Tlaib. Beydoun said the offer of “approximately $20 million” in “potential” campaign funding to run against Tlaib was made to him by former state Democratic Party Chairperson Lon Johnson. He denied making an offer to Beydoun.

New Mexico – New Mexico Supreme Court Upholds Democratic-Drawn Congressional Map

Associated Press News – Morgan Lee | Published: 11/27/2023

The New Mexico Supreme Court upheld a Democratic-drawn congressional map that divvied up a conservative, oil-producing region and reshaped a swing district along the U.S. border with Mexico. The justices affirmed a lower court decision that the redistricting plan enacted by Democratic lawmakers in 2021 succeeded in substantially diluting votes of their political opponents, but the changes fell short of “egregious” gerrymandering.

New York – New York Mayor Eric Adams Is Accused of Sexual Assault

MSN – Mariano Alfaro (Washington Post) | Published: 11/23/2023

New York Mayor Eric Adams is accused of committing sexual assault in 1993, according to a new court summons filed under the state’s Adult Survivors Act. According to the summons, the plaintiff was sexually assaulted by Adams while they both worked for the city. Gov. Kathy Hochul signed the act into law last year, giving adult sexual assault survivors up to one year to file a lawsuit against their alleged attacker, regardless of when the alleged violation happened.

New York – Eric Adams Attended Nearly 80 Events Celebrating Turkey

Politico – Joe Anuta, Jason Beeferman, and Maya Kaufman | Published: 11/17/2023

As Brooklyn borough president, Eric Adams attended nearly 80 events over eight years to celebrate Turkey, including a flag-raising in 2015, a charity ball in 2018, and a Zoom meeting with the Turkish consul in 2020. In 2019, as he was embarking on a run for New York City mayor, he joined Martha Stewart at a gala celebrating Turkish Airlines, a company caught up in in an ongoing FBI probe into Adams’ campaign finances. These revelations shed light on Adams’ unusually strong relationship with Turkey, which has drawn scrutiny from federal investigators.

Ohio – Husted to Be Deposed, DeWine Subpoenaed in Lawsuit Over FirstEnergy Bribery Scheme

MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 11/28/2023

Ohio Lt. Gov. Jon Husted is scheduled to be deposed by investors suing FirstEnergy in connection with the House Bill 6 scandal, the most significant public corruption case in state history. In addition, Gov. Mike DeWine received a subpoena for documents in connection with the civil case. The lawsuit mirrors allegations that FirstEnergy paid multimillion-dollar bribes to former House Speaker Larry Householder and Sam Randazzo, formerly the state’s top utility regulator, in exchange for legislation and favorable regulatory treatment. DeWine appointed Randazzo shortly after taking office in 2019.

Ohio – Ohio Supreme Court Upholds New State Legislative Redistricting Plan

MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 11/27/2023

The Ohio Supreme Court upheld the state’s new legislative redistricting plan, dismissing lawsuits filed by Democratic and good-government groups claiming the new maps are illegally gerrymandered. In a four-to-three party-line ruling, the court’s Republican justices dismissed the lawsuits on procedural grounds. The ruling means that new Ohio House and Senate maps will remain in place through 2030, unless voters approve a proposed overhaul to the redistricting process itself next year.

Oklahoma – Oklahoma Republican Party PAC Misreported Millions in Funds, Audit Finds

Oklahoman – Mindy Ragan Wood (Oklahoma Voice) | Published: 11/27/2023

A federal audit uncovered millions in misreported income and expenses for a PAC associated with the Oklahoma Republican Party. An FEC draft audit found the Oklahoma Leadership Council’s bank records did not match its federal campaign finance reports by nearly $2 million. The council is a federal PAC the state Republican Party uses to back GOP candidates and fund independent expenditures against their opponents.

Pennsylvania – Federal Judge Says Pennsylvania Mail-In Ballots Should Still Count If Dated Incorrectly

Associated Press News – Michael Runbinkam | Published: 11/21/2023

Mail-in ballots in Pennsylvania without accurate handwritten dates on their exterior envelopes must still be counted if they are received in time, a judge ruled, concluding that rejecting such ballots violates federal civil rights law. The decision has implications for the 2024 presidential election in a key battleground state where Democrats have been far more likely to vote by mail than Republicans.

Pennsylvania – Pa. Legislature Paid $280K to Settle Harassment, Other Claims While Requiring Secrecy in Many Cases

Spotlight PA – Angelea Couloumbis | Published: 11/30/2023

The Pennsylvania Legislature quietly paid out hundreds of thousands of dollars over the past five years to settle sexual harassment and other claims against lawmakers and staffers. Many of the settlements include controversial secrecy clauses and other provisions that prevent public disclosure of the agreement. Female legislators criticized Gov. Josh Shapiro’s office for paying $295,000 to resolve a sexual harassment claim against a top advisor. The settlement, which only became public after several media outlets filed public records requests, included a nondisclosure agreement.

Tennessee – Judges Rule Against Tennessee Senate Redistricting Map Over Treatment of Nashville Seats

Yahoo News – Jonathan Mattise and Kimberlee Kruesi (Associated Press) | Published: 11/22/2023

A Republican-drawn map for Tennessee’s Senate seats violates the state Constitution because lawmakers incorrectly numbered the legislative districts in left-leaning Nashville, which affects which years those seats are on the ballot, a panel of judges ruled. The decision centers on maps passed by the Republican-supermajority Legislature in 2022. According to the ruling, the state’s attorneys “conceded” they would not defend the Senate map in court and instead focused their attention arguing the plaintiffs did not have standing to sue.

Washington – Seattle City Council Candidates Got $2.4M from Democracy Vouchers

Crosscut – Donna Gordon Blankinship | Published: 11/27/2023

Seattle voters were actively involved in financing city council elections this year, distributing nearly 95,000 Democracy Vouchers that pumped nearly $2.4 million into 30 campaigns. Supporters say the idea democratizes political campaigns by giving regular people public money to contribute as they choose, presumably taking some power from wealthy individuals, companies, and organizations that seem to dominate political giving. The program also gives candidates another way to engage directly with voters.

Washington – Seattle Lobbying Firm Strategies 360 Files for Bankruptcy Amid Legal Feud

Seattle Times – Jim Brunner | Published: 11/29/2023

A prominent lobbying and public affairs firm filed for Chapter 11 bankruptcy protection amid a bitter legal dispute between estranged co-owners. Strategies 360 filed a petition to stave off what Chief Executive Officer Ron Dotzauer described in court filings as a hostile and humiliating takeover bid by his former business partner, Eric Sorenson. The Seattle-based firm employs about 140 people in 13 states and Washington D.C.

Elections Arizona: “Arizona Officials Charged with Allegedly Conspiring to Delay Midterm Election Outcome” by Yvonne Wingett Sanchez (Washington Post) for MSN National: “Could Abortion Rights Rescue Red-State Democrats in the Senate?” by Michael Bender and Anjali Huynh (New York Times) for Yahoo News Ethics Indiana: “Former Indiana Lawmaker Pleads Guilty to Casino Corruption Charge” by Isabella Volmert (Associated Press) for MSN Kentucky: “Top Metro Council Republican Will Face Removal Proceedings Over Ethics Charges” by Roberto Roldan for Louisville Public Media Ohio: “Husted to Be Deposed, DeWine Subpoenaed in Lawsuit Over FirstEnergy Bribery Scheme” by Jake Zuckerman (Cleveland Plain Dealer) for MSN Lobbying California: “Disney’s Representative Could Soon be Considered a Lobbyist at Anaheim City Hall” by Hosam Elattar for Voice of OC Washington: “Seattle Lobbying Firm Strategies 360 Files for Bankruptcy Amid Legal Feud” by Jim Brunner for Seattle Times Redistricting New Mexico: “New Mexico Supreme Court Upholds Democratic-Drawn Congressional Map” by Morgan Lee for Associated Press News

Campaign Finance National: “Donations to GOP Drop as Worries Mount About the Party’s Finances” by Isaac Arnsdorf and Josh Dawsey (Washington Post) for MSN Michigan: “Former Democratic Party Chair, AIPAC Deny Offering Nasser Beydoun $20M to Run Against Rashida Tlaib” by Todd Spangler and Clara Hendrickson (Detroit Free Press) for Yahoo News Washington: “Seattle City Council Candidates Got $2.4M from Democracy Vouchers” by Donna Gordon Blankinship for Crosscut Elections Arizona: “Supreme Court Rejects Arizona GOP Leaders’ Effort to Avoid Deposition in Voting Rights Suit” by Ray Stern (Arizona Republic) for MSN Ethics National: “Trump Lawyers Seek to Probe U.S. Handling of 2020 Election Fraud Claims” by Spencer Hsu and Rachel Weiner (Washington Post) for MSN Illinois: “Former GOP Senator, Third-Party Governor Candidate to Represent Himself in Corruption Trial” by Hannah Meisel (Capital News Illinois) for NPR Illinois New York: “Eric Adams Attended Nearly 80 Events Celebrating Turkey” by Joe Anuta, Jason Beeferman, and Maya Kaufman for Politico Redistricting Ohio: “Ohio Supreme Court Upholds New State Legislative Redistricting Plan” by Jeremy Pelzer (Cleveland Plain Dealer) for MSN

Campaign Finance

Delaware: “Why Delaware Elections Commissioners Rarely Enforce Campaign Finance Laws” by Amanda Fries (Delaware News Journal) for Yahoo News

Illinois: “Ethics Board Urges Chicago City Council to Tighten Rules to Stop Campaign Cash Pleas to City Employees” by Heather Cherone for WTTW

Oklahoma: “Oklahoma Republican Party PAC Misreported Millions in Funds, Audit Finds” by Mindy Ragan Wood (Oklahoma Voice) for Oklahoman

Elections

National: “For Election Workers, Fentanyl-Laced Letters Signal a Challenging Year” by Michael Wines (New York Times) for Yahoo News

Ethics

California: “Top OC Official Helped Direct Millions to His Daughter’s Center Without Disclosing Family Connection” by Nick Gerda for LAist

National: “Johnson’s Release of Jan. 6 Video Feeds Right-Wing Conspiracy Theories” by Luke Broadwater, Alan Feuer, and Angelo Fichera (New York Times) for Seattle Times

National: “Antagonisms Flare as Red States Try to Dictate How Blue Cities Are Run” by Molly Hennessy-Fiske (Washington Post) for MSN

Redistricting

Tennessee: “Judges Rule Against Tennessee Senate Redistricting Map Over Treatment of Nashville Seats” by Jonathan Mattise and Kimberlee Kruesi (Associated Press) for Yahoo News

National/Federal

Trump Compares Political Opponents to ‘Vermin’ Who He Will ‘Root Out,’ Alarming Historians

ABC News – Soo Rin Kim and Lalee Ibssa | Published: 11/13/2023

Donald Trump vowed to “root out” his political opponents, who he said “live like vermin” as he warned supporters that America’s greatest threats come “from within” – extreme rhetoric that echoes the words of fascist dictators like Adolf Hitler and Benito Mussolini, experts said. A Trump campaign spokesperson dismissed the backlash to his speech, at a Veterans Day rally in New Hampshire, but some historians said the parallels were alarming.

Ex-Fundraiser for George Santos Pleads Guilty to Posing as Congressional Aide to Raise Campaign Cash

Associated Press News – Dave Collins | Published: 11/14/2023

A former fundraiser for U.S. Rep. George Santos pleaded guilty to a federal wire fraud charge, admitting he impersonated a high-ranking congressional aide while raising campaign money for Santos.  Sam Miele was caught soliciting donations under the alias Dan Meyer, who was then chief of staff for Rep. Kevin McCarthy. Miele also acknowledged he committed access device fraud by charging credit cards without authorization to send money to the campaigns of Santos and other candidates, and for his own personal use, prosecutors said.

Democrats, No Longer Squeamish on Abortion, Lean into Searing Personal Ads

DNyuz – Rebecca Davis O’Brien and Nick Corasaniti (New York Times) | Published: 11/8/2023

Ads in the 2023 election campaign signaled a new tone in Democrats’ messaging on abortion rights, one that confronts head-on the consequences of strict anti-abortion laws. Historically, it has been Republicans who used dire warnings and shock value in advertising to make their case on the issue. But the U.S. Supreme Court’s ruling in Dobbs v. Jackson, despite being a resounding legal and policy victory for Republicans, has had the paradoxical effect of galvanizing long-held, broad public support for abortion rights.

Democrats Plan to Spend Millions to Weaken Republican Supermajorities

DNyuz – Nick Corasaniti (New York Times) | Published: 11/14/2023

Democrats are planning to spend millions of dollars next year on just a few state legislative elections in Kansas, North Carolina, Kentucky, and Wisconsin, states where they have little to no chance of winning control of a chamber. Democrats are pushing to break up Republican supermajorities in states with Democratic governors, effectively battling to win back the veto pen district by district. The political dissonance of having a governor of one party and a supermajority of an opposing party in the Legislature is one of the starkest effects of gerrymandering, revealing how parties cling to evaporating power.

How the Supreme Court Settled on an Ethics Code – and What It Left Out

MSN – Ann Marimow and Robert Barnes (Washington Post) | Published: 11/15/2023

Supreme Court justices stung by controversies over the court’s ethics pledged to follow a broad code of conduct promoting “integrity and impartiality,” but without a way to enforce its standards against those who fall short. The code contains broadly worded sections relating to outside relationships, recusal from cases that could bring financial gain to family members, the use of a justice’s staff, and limits on appearances at fundraisers for groups. But there is every sign that each word was carefully chosen.

Donald Trump Exempt from Campaign Finance Laws: FEC commissioner

MSN – Kate Plummer (Newsweek) | Published: 11/10/2023

FEC Commissioner Ellen Weintraub said Donald Trump has effectively been made exempt from campaign finance laws because her agency refuses to investigate him. In at least 28 instances, she said staff at the general’s counsel’s office determined a criminal investigation was warranted. But Weintraub added that her Republican colleagues put the former president in a “category by himself” by refusing to approve any of the recommendations against Trump.

MAGA-Dominated State Republican Parties Plagued by Infighting, Money Woes

MSN – Isaac Arnsdorf, Josh Dawsey, Yvonne Wingett Sanchez, Patrick Marley, and Amy Gardner (Washington Post) | Published: 11/13/2023

In the battleground states of Arizona, Georgia, and Michigan, election denial and grassroots fervor for former President Trump have rocked the Republican apparatus. Now, the state parties are plagued by infighting, struggling to raise money, and sometimes to cover legal costs stemming from Trump’s efforts to overturn his 2020 defeat, threatening to hamper GOP organizing capabilities in next year’s presidential election.

Tim Scott Suspends Struggling Presidential Primary Bid

MSN – Meryl Kornfield, Marianne LeVine, and Hannah Knowles (Washington Post) | Published: 11/13/2023

Sen. Tim Scott, the only Black Republican in the U.S. Senate, announced he was suspending his campaign for the GOP presidential nomination after months of struggling to gain ground in polling with an uplifting message that was out of step with today’s party. Scott did not endorse any other candidate, and he declined a suggestion that he might be a vice-presidential candidate.

‘Curveball Like No Other:’ Johnson’s rise has K Street trying to keep up

MSN – Caitlin Reilly (Roll Call) | Published: 11/13/2023

Rep. Mike Johnson’s unexpected rise to speaker of the House has left K Street scrambling as lobbyists try to establish inroads with the relatively unknown lawmaker and his staff. Johnson has been in Congress for less than seven years and lacks the deep bench of long-time, trusted aides and ex-staffers that K Street usually relies on to curry favor on Capitol Hill.

McCarthy Accused of Elbowing Lawmaker, While Fight Nearly Breaks Out in Senate

MSN – Azi Paybarah, Marianna Sotomayor, and Liz Goodwin (Washington Post) | Published: 11/14/2023

Rep. Tim Burchett accused Rep. Kevin McCarthy of elbowing him in the back as they passed each other in a crowded hallway. Burchett was one of eight Republicans who voted to oust McCarthy as House speaker. Sen. Markwayne Mullin brought a hearing to a standstill as he confronted one witness, stood up, and challenged him to a fistfight. Joanne Freeman, a history professor at Yale, said it was important for lawmakers to denounce belligerent behavior and threats, particularly when it comes from a member of their own party. “If no one speaks up it becomes representative of what that party stands for,” she said.

House Ethics Panel Examines Change to Expand Legal Expense Fund Coverage

MSN – Chris Marquette (Roll Call) | Published: 11/14/2023

The House ethics committee is considering whether to change rules about lawmaker legal expense funds to expand the pool of people who can use them to pay for their legal bills connected to a campaign or office. Rep. David Schweikert, who faced lawsuits related to his 2022 primary race, asked the committee to allow campaign staffers, vendors, and spouses draw from legal expense funds rather than having to use campaign funds.

DOJ Argues Steve Wynn Foreign Lobbying Suit Should Be Reinstated

Yahoo News – Sabrina Willmer (Bloomberg) | Published: 11/14/2023

A Justice Department attorney argued casino magnate Steve Wynn should have registered as a foreign agent when he alerted the Trump administration that China wanted to extradite a wealthy exile. A three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit heard arguments in the government’s appeal of a decision to toss civil claims against Wynn. District Court Judge James Boasberg had reasoned the Foreign Agent Registration Act only applies to ongoing violations and years had passed since Wynn was required to file a statement.

Prosecutors Urge Appeals Court to Reinstate Trump Gag Order

Yahoo News – Kyle Cheney (Politico) | Published: 11/14/2023

Donald Trump’s renewed attacks on the family of special counsel Jack Smith and his repeated invective against likely witnesses in his Washington, D.C. criminal case warrant the urgent restoration of a gag order against him, prosecutors argued. Smith’s team urged a federal appeals court to reinstate the gag order, which a three-judge panel suspended earlier in November amid Trump’s appeal of the restrictions imposed by U.S. District Court Judge Tanya Chutkan.

Exclusive: 5 Senate Banking Dems demand more details on corporate lobbying strategy

Yahoo News – Taylor Giorno (The Hill) | Published: 11/15/2023

Five Democrats who sit on the Senate Banking Committee urged the Securities and Exchange Commission to require companies to disclose more details on their corporate lobbying strategy to shareholders. Registered lobbyists are required to file quarterly disclosures that include the total spent on federal lobbying. But registrants are not required to disclose details including whether they lobbied for or against specific legislation or regulations, even as the lobbying activities of a company can carry reputational risks to its investors.

From the States and Municipalities

Alabama – Right-Wing Site’s Reporting on Mayor Raises Ethics Questions After His Death

MSN – Jonathan Edwards (Washington Post) | Published: 11/9/2023

Journalism professor A.J. Bauer felt uneasy when he opened an email newsletter from 1819 News. The Alabama-based website was promoting its story alleging that a small-town mayor who was also a pastor wore women’s clothing and makeup while posing online. Bauer had watched as some in the state grew increasingly hostile to those who do not adhere to traditional gender norms. The site later reporting that F.L. Copeland Jr., the mayor of Smiths Station and a pastor at First Baptist Church of Phenix City, had died by suicide.

Arizona – Rep. Leezah Sun’s Ethics Complaint Rebuttal Acknowledges Poor Behavior, Argues for No Punishment

Yahoo News – Ray Stern (Arizona Republic) | Published: 11/14/2023

An Arizona lawmaker’s rebuttal to an ethics complaint against her acknowledges some of her poor behavior and accuses a city official of potentially suffering from past “trauma” because he claimed she intimidated him. Rep. Leezah Sun faces potential expulsion from the House after being accused of making intimidating statements and interfering with a child custody case. Through her lawyer, she denied the allegations in a formal response to the complaint that charges Sun with violating the Legislature’s rule against “disorderly behavior.”

California – S.F. Mayoral Candidate’s Close Friend Was Charged in Corruption Probe. Will It Undermine His Campaign?

MSN – St. John Barned-Smith and J.D. Morris (San Francisco Chronicle) | Published: 11/13/2023

San Francisco Supervisor Ahsha Safaí, who is trying to unseat Mayor London Breed in the November 2024 election, has never hidden his close relationship with Siavash Tahbazof, the patriarch of a family with deep business ties across the city, or the developer;s relatives and business associates. That puts Safaí in an awkward position after Tahbazof and two others were charged with fraud by federal prosecutors.

California – Anaheim Officials to Publicly Post Online Who They Meet With

Voice of OC – Hosam Elattar | Published: 11/13/2023

Anaheim City Council members voted unanimously to implement a policy that will require them to proactively post their calendar online listing meetings with lobbyists, developers, union representatives, and residents starting in January 2024. The policy comes after sworn affidavits by FBI agents and a report by independent investigators concluded the same thing: Anaheim City Hall is essentially controlled by Disneyland resort interests and lobbyists. The new calendar policy is among a host of reform proposals city council members are expected to tackle this fall.

Delaware – Delaware Supreme Court Reviews Convictions of Ex-Auditor After Corruption Allegations

MSN – Randall Chase (Associated Press) | Published: 11/15/2023

The Delaware Supreme Court is weighing whether to overturn the unprecedented convictions of the state’s former auditor on public corruption charges. The court heard arguments in the case of Kathy McGuiness, who was convicted on misdemeanor charges of conflict-of-interest, official misconduct, and noncompliance with state procurement rules. The conflict-of-interest charge involved the hiring of McGuiness’s daughter as a part-time employee in the auditor’s office. McGuinness also was convicted of structuring payments to a consulting firm to avoid having to get them approved by the state Division of Accounting.

Delaware – How Hall-Long’s Refusal to Release Audit Findings Sparked Elections Reform Talks

Yahoo News – Amanda Fries (Delaware News Journal) | Published: 11/14/2023

Delaware law does not require Lt. Gov. Bethany Hall-Long to release the audit performed on her campaign finances, but watchdogs are hoping she will do so anyway in the interest of transparency. While Hall-Long has said the audit, and the campaign’s decision to openly acknowledge it, was an act of transparency, she continues to decline to release the audit itself, instead suggesting the amended campaign finance reports “fully convey” the audit’s results. The internal audit was launched shortly after Hall-Long announced her bid for governor, prompted by what she said were “reporting issues that require attention.”

Florida – Mayor Suarez’s Secret Side Gigs Included Advising Associates of Kremlin-Linked Oligarch

Yahoo News – Shirsho Dasgupta (Miami Herald) | Published: 11/14/2023

Miami Mayor Francis Suarez earned payments totaling six figures advising two financial firms run by close associates of a Russian oligarch, two of several side jobs he refused to reveal to the public until he ran for president, with its more rigorous disclosure requirements. As a part-time mayor, Suarez can accept private employment as he sees fit, as long as it does not overlap with his mayoral duties and the employers do not receive special city benefits in return. He has insisted he kept his private jobs and public duties separate, but until now had mostly refused to reveal the identities of those employers.

Florida – City Council Members Expand Oversight After Criticizing Lobbying Contract

Yahoo News – David Bauerlein (Florida Times-Union) | Published: 11/9/2023

Jacksonville City Council will be putting more attention on no-bid contracts by having the auditor’s office attend the meetings of the Procurement Division committees that vote on awards of city contracts for everything from construction to supplies to professional services. The council will also get reports every three months from the Procurement Division on all single-source awards during that time frame. The moves were in response to Mayor Donna Deegan hiring Langton Consulting in a $300,000 no-bid contract to perform federal lobbying and grant-writing.

Georgia – Ex-Trump Allies Detail Efforts to Overturn Election in Georgia Plea Videos

MSN – Amy Gardner and Holly Bailey (Washington Post) | Published: 11/13/2023

The defendants that accepted plea deals in the Georgia election interference case made recordings that were intended to lay out what they know and be used against the other defendants. Although some of the recordings were garbled, the portions of the four statements from lawyers Jenna Ellis, Kenneth Chesebro, and Sidney Powell, and Georgia bail bondsman Scott Hall, offered many previously undisclosed details about the effort by Trump and his allies to reverse his defeat.

Hawaii – Hawaii Ethics Panel to Push for More Disclosure of Lobbyists

Honolulu Civil Beat – Chad Blair | Published: 11/14/2023

Hawaii lawmakers in 2023 passed legislation that requires all state lawmakers to include in financial disclosures the names of lobbyists with whom they have a relationship. Now, the state Ethics Commission wants to revise the law so legislators who work for large employers and who know “or reasonably should know” who is on a lobbying list should also disclose those clients that meet the $5,000 threshold. The lobbying disclosure proposal was one of five tentatively approved by the commission for its legislative package for the 2024 legislative session.

Illinois – Brandon Johnson Wasn’t Supposed to Take Campaign Money from City Contractors, but He Did

Chicago Sun-Times – Robert Herguth and Tim Novak | Published: 11/9/2023

Chicago Mayor Brandon Johnson is not allowed to take campaign contributions from city contractors but has accepted them anyway. Christian Perry, Johnson’s political director, says taking the money was an “oversight” and it is being returned, about $46,500 in all. In some instances, it appears contractors were solicited for campaign cash by Johnson’s political fundraisers. His campaign aides thought it was all right to take money from city contractors as long as the amounts fell below a certain threshold. But the mayor was barred from taking any money from them after he was sworn in on May 15.

Illinois – Clout-Heavy Contractor Linked to Federal Investigations at City Hall and in the Suburbs

MSN – Jason Meisner, A.D. Quig, Sarah Freishtat, and Gregory Pratt (Chicago Tribune) | Published: 11/13/2023

James Bracken’s multifaceted businesses have garnered government contracts from across Cook County worth up to $250 million for demolition services, equipment rental, and materials. At the same time, Bracken and the businesses themselves have contributed nearly $375,000 over the past two decades to a wide array of local elected officials, including a half-dozen who have been charged or come under federal investigation. Now it is Bracken who finds himself embroiled in two separate federal criminal probes, both tied to his business enterprise.

Illinois – Ethics Board Finds Probable Cause Treasurer Melissa Conyears-Ervin Wrongfully Fired 2 Whistleblowers

Yahoo News – Gregory Pratt (Chicago Tribune) | Published: 11/14/2023

Chicago Treasurer Melissa Conyears-Ervin violated the ethics code by firing two top aides who alleged she repeatedly misused taxpayer resources and pressured public employees to help her political allies, according to a finding of probable cause by the city’s Board of Ethics. Over the coming months, Conyears-Ervin will have a chance to rebut the findings before the board issues a final ruling and potentially a fine.

Kentucky – Weddle’s Excess Giving to Beshear, Kentucky Democratic Party Under Investigation

Kentucky Lantern – Tom Loftus | Published: 11/10/2023

The Registry of Election Finance launched a civil investigation into the excess campaign contributions given by London Mayor Randall Weddle to the reelection campaign of Gov. Andy Beshear and the Kentucky Democratic Party. The action marks the first evidence that any public agency is investigating the bundles of more than $300,000 in donations to Beshear and the party. Registry Executive Director John Steffen said Weddle and his wife “may have violated” the state law that prohibits a person from giving excess donations to a candidate or political party by giving in the names of other persons.

Maryland – Ex-Baltimore Prosecutor Marilyn Mosby Guilty in Federal Perjury Trial

MSN – Dan Morse (Washington Post) | Published: 11/9/2023

Baltimore’s former top prosecutor, Marilyn Mosby, was convicted of two counts of perjury after she had been accused of lying about her finances to withdraw money from her city retirement account under a program designed to help people struggling financially during the coronavirus pandemic. Prosecutors said she falsely claimed to suffer from financial hardships to access $90,000 from retirement funds she later used to buy two homes in Florida. Mosby has denied wrongdoing, saying she did not defraud anyone.

Michigan – Judge Allows Trump on Michigan Primary Ballot as Critics Try to Bar Him

MSN – Patrick Marley (Washington Post) | Published: 11/14/2023

A judge ruled Donald Trump can appear on the primary ballot in Michigan, delivering the latest setback to those who contend Trump sparked an insurrection on January 6, 2021, and is barred from running for president again as a result. State Judge James Robert Redford wrote that courts do not have the authority to determine whether someone is eligible to run for office under Section 3 of the 14th Amendment. Redford also ruled Michigan Secretary of State Jocelyn Benson does not have the authority under state law to remove candidates from the ballot based on that provision.

Missouri – Rod Jetton’s Political Career Ended in Scandal. Now He’s Dean Plocher’s Chief of Staff

Missouri Independent – Jason Hancock | Published: 11/9/2023

Missouri House Speaker Dean Plocher’s new chief of staff is a former legislative leader whose political career was upended more than a decade ago by a federal bribery investigation and allegations of sexual assault. He is joining Plocher’s office as the speaker faces an ethics committee inquiry into allegations of misconduct and calls for him to resign from fellow Republicans.

Missouri – Missouri AG Bailey’s Office Quietly Removed ‘Public Corruption’ Complaint Form on Website

Yahoo News – Kacen Bayless (Kansas City Star) | Published: 11/16/2023

Missouri Attorney General Andrew Bailey’s office scrubbed from its website an online form that allowed residents to file complaints of public corruption against elected officials. An archive from May shows that the online form allowed users to issue complaints of criminal acts by public officials so long as the local police agency had a conflict-of-interest in investigating the matter. The decision has come under scrutiny in the wake of a series of scandals surrounding House Speaker Dean Plocher, who faces calls to resign after reports surfaced that he received government reimbursements for expenses paid for by his campaign.

Nebraska – A Boom of Ballot Initiatives Is Reshaping This State’s Democracy

MSN – Greg Jaffe (Washington Post) | Published: 11/15/2023

Today, Congress is so divided and ideologically polarized that it struggles to execute its most basic responsibilities. State Legislatures are often so dominated by a single party that the majority can push through its agenda with little regard for what most voters might prefer. In the two dozen states that allow citizen-sponsored referendums, Democrats and Republicans are turning to the ballot box to make law and in many cases overrule their elected officials. The initiatives have rolled across the country in waves in recent decades.

New Hampshire – New Hampshire Announces First-in-the-Nation Presidential Primary, Defying DNC

MSN – Azi Paybarah (Washington Post) | Published: 11/15/2023

New Hampshire Secretary of State David Scanlan set his state’s presidential primary for January 23, formalizing its defiance of the Democratic National Committee’s (DNC) reworked primary calendar, which aims to give voters in more racially diverse states an early voice in the nominating process. The DNC approved a plan this year to shuffle the order in which states would appear in its 2024 primary calendar. The plan calls for South Carolina to be the first primary state, followed by New Hampshire and Nevada a week later, then Michigan.

New York – FBI Seized Phones, iPad from New York Mayor Eric Adams in Escalation of Fundraising Investigation

ABC News – Jake Offenhartz (Associated Press) | Published: 11/10/2023

FBI agents seized phones and an iPad from New York City Mayor Eric Adams as part of an investigation into political fundraising during his 2021 campaign. The seizures happened as Adams was leaving a public event in Manhattan. A search warrant indicated authorities are examining whether the Adams campaign conspired with the Turkish government to receive donations from foreign sources, funneled through straw donors. The warrant also requested information about Adams’ use of the city’s public campaign finance program.

New York – Adams’ Compliance Lawyer Has Lobbied City Hall While Doing Work for His Campaign

MSN – Chris Sommerfeldt (New York Daily News) | Published: 11/10/2023

Vito Pitta, New York City Mayor Eric Adams’ longtime campaign compliance lawyer, has been getting paid by the campaign for consulting and legal services at the same time as his government relations firm has lobbied the mayor’s administration on behalf of a variety of private interests. There are no laws or regulations prohibiting the type of dual role Pitta has played but the situation raised conflict-of-interest concerns. Pitta is not the only Adams campaign adviser who has lobbied his administration in conjunction with working for him in a political capacity.

New York – New York’s Top Court Hears Democratic Attempt to Draw New Congressional Maps

Yahoo News – Bill Mahoney (Politico) | Published: 11/15/2023

New York’s top court heard oral arguments in a case that will determine whether the Democratic-dominated state Legislature will have another chance to draw maps for its 26-member congressional delegation. A Democratic victory in the Court of Appeals would let legislators make the lines for as many as seven Republican-held seats in New York friendlier to Democrats. The stakes are high: Democrats would have kept a majority in Congress in 2022 had they won five additional races.

Pennsylvania – Female Pa. Senators Want to Combat Sexual Harassment in Harrisburg, Following Scandal Involving a Top Aide to Gov. Josh Shapiro

MSN – Gillian McGoldrick (Philadelphia Inquirer) | Published: 11/14/2023

A bipartisan group of female state senators unveiled a package of legislation aimed at combatting sexual harassment at the Pennsylvania Capitol, following several high-profile allegations made against top officials this year, including state representative and a top aide to the governor. But the bills will not address some of the biggest priorities among victim advocates.

Pennsylvania – How a Lobbyist for Investment Contractors Ended Up Heading the Pa. Pension Board That Hires Them

MSN – Joseph DiStefano (Philadelphia Inquirer) | Published: 11/15/2023

Pennsylvania Gov. Josh Shapiro recently named Gregory Thall, a longtime government official who now works as a lobbyist, as chairperson of the $35 billion-asset State Employees Retirement System (SERS) pension plan. As a lobbyist for GSL Public Strategies Group, Thall disclosed a long list of the firm’s clients he registered to represent. They include Lubert-Adler Partners, which is one of more than 100 private money managers paid to invest public funds for SERS.

South Dakota – South Dakota Lawmakers Must List All Conflicts of Interest Ahead of Supreme Court Opinion

MSN – Annie Todd (Sioux Falls Argus Leader) | Published: 11/14/2023

South Dakota lawmakers will receive a letter asking them to list all possible conflicts-of-interest when it comes to their jobs outside of being legislators. Those responses will then be used in a brief that the South Dakota Supreme Court will examine while they make a decision regarding the broad nature of a constitutional provision banning lawmakers from having a either a direct or indirect conflict in state contracts during their terms and up to a year after they exit office.

West Virginia – Senate Democrat Joe Manchin Says He Will Not Seek Reelection

MSN – Liz Goodwin, Amy Wang, and Michael Scherer (Washington Post) | Published: 11/9/2023

U.S. Sen. Joe Manchin announced he would not seek reelection in 2024, setting back Democrats’ plans to hold onto their majority in 2024 and raising their fears he could get involved in the presidential race as a third-party candidate. Manchin had defied political gravity by holding onto his seat in the deeply red state of West Virginia but would have faced long odds against either Gov. Jim Justice or Rep. Alex Mooney, who are running in the Republican primary next year.

National/Federal

Rep. George Santos Survives Effort to Expel Him from the House. But He Still Faces an Ethics Report

ABC News – Kevin Freking and Stephen Groves (Associated Press) | Published: 11/1/2023

U.S. Rep. George Santos survived a vote to expel him from the House as most Republicans and 31 Democrats opted to withhold punishment while both his criminal trial and a House ethics committee investigation proceed. The effort to expel Santos was led by his fellow New York Republicans, who are anxious to distance themselves from a colleague infamous for fabricating his life story and accused of stealing from donors, lying to Congress, and receiving unemployment benefits he did not deserve.

Prosecutors Withdraw Second Subpoena in Trump Fund-Raising Inquiry

DNyuz – Alan Feuer and Maggie Haberman (New York Times) | Published: 10/26/2023

Federal prosecutors have withdrawn a subpoena seeking records from former President Trump’s 2020 campaign as part of their investigation into whether Trump’s political and fundraising operations committed any crimes as he sought to stay in power after he lost the election. The decision this week by special counsel Jack Smith to effectively kill the subpoena to the Trump campaign came on the heels of the withdrawal of a similar subpoena to Save America, the PAC that was formed by Trump’s aides shortly after he lost the race in 2020.

Supreme Court Skeptical of Lawyer’s Claim to Phrase ‘Trump Too Small’

MSN – Robert Barnes (Washington Post) | Published: 11/1/2023

Supreme Court justices across the ideological divide seemed skeptical that a California lawyer has a free speech right to trademark the double-entendre phrase “Trump Too Small” for use on T-shirts criticizing former President Trump. In fact, Chief Justice John Roberts opined, ruling for Trump critic Steve Elster could make it harder for others to create their own takes about the man running to reclaim his old job.

Trump’s Classified Documents Case Schedule May Be Delayed, Judge Cannon Says

MSN – Perry Stein and Devlin Barrett (Washington Post) | Published: 11/1/2023

The judge overseeing Donald Trump’s indictment for allegedly mishandling national security secrets suggested she might push back the planned trial timeline, as courts wrestle with the growing complexity of juggling four separate criminal cases and an ongoing civil trial against the former president. U.S. District Court Judge Aileen Cannon listened to prosecutors argue at a hearing for keeping the schedule she set earlier this year, which includes a trial in May 2024. Lawyers for Trump insisted they needed more time to prepare.

This Conservative Appeals Court’s Rulings Are Testing the Supreme Court

MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 10/26/2023

With a dozen judges nominated by Republican presidents, and only four by Democrats, the U.S. Court of Appeals for the Fifth Circuit is the favored launchpad for right-leaning politicians and organizations seeking groundbreaking judicial decisions restricting abortion, limiting gun laws, and thwarting the ambitions of the Biden administration. The Fifth Circuit’s work is drawing more U.S. Supreme Court review than that of any other among the dozen regional appeals courts, which operate one step below the high court. In the new term, the justices already have said they will review eight decisions from the New Orleans-based court.

Hearings Begin as Trump Critics Attempt to Kick Him Off Ballots

MSN – Patrick Marley (Washington Post) | Published: 10/27/2023

Judges are weighing an unprecedented and historic question: is former President Trump eligible to run for office again given his alleged role in the riot at the U.S. Capitol? A week-long hearing in Denver will explore whether January 6 qualified as an insurrection, which could bar Trump from the ballot in Colorado. The Minnesota Supreme Court will hear arguments about whether an obscure part of the Constitution might keep Trump off the ballot there. In coming weeks, courts around the country might hold similar proceedings.

Judge Reimposes Restrictions on Trump’s Speech in Jan. 6 Case

MSN – Rachel Weiner and Spencer Hsu (Washington Post) | Published: 10/29/2023

A federal judge reimposed limits on Donald Trump’s public statements in advance of his trial on charges of conspiring to subvert the results of the 2020 election. U.S. District Court Judge Tanya Chutkan put back in place an order she had lifted nine days earlier to give Trump and prosecutors more time to argue whether the restrictions were unconstitutional, as attorneys for the former president had claimed. Trump can now ask a higher court for an emergency stay pending appeal, but in the meantime, he is bound by Chutkan’s limits.

Mike Pence Suspends His Struggling 2024 Campaign

MSN – Maeve Reston and Marianne LeVine (Washington Post) | Published: 10/28/2023

Former Vice President Mike Pence suspended his campaign for the GOP presidential nomination, facing the reality there was little appetite for his candidacy among the legions of Republican voters who remain loyal to Donald Trump and viewed Pence as a traitor because he refused to follow Trump’s demands to overturn the 2020 election results. Pence’s years-long descent from first in line for the presidency to an also-ran reached a conclusion at a high-profile summit which brought together some of the most powerful Republican donors in one room.

News on TikTok and Instagram Is Booming, Signaling a New Era

MSN – Taylor Lorenz (Washington Post) | Published: 10/31/2023

News consumption hit a tipping point around the globe during the early days of the coronavirus pandemic, with more people turning to social media platforms such as TikTok, YouTube, and Instagram than to websites maintained by traditional news outlets, according to the Reuters Institute for the Study of Journalism. One in five adults under 24 use TikTok as a source for news. Britain’s Office of Communications said young adults in the United Kingdom now spend more time watching TikTok than broadcast media. As independent online producers of news programming rose to prominence, the ramifications for society are still coming into focus.

Democrats Plan to Subpoena Wealthy Benefactors of Supreme Court Justices

MSN – Ann Marimow (Washington Post) | Published: 10/30/2023

Senate Democrats announced plans to vote to subpoena a pair of wealthy conservatives and a judicial activist who have underwritten or organized lavish travel for some U.S. Supreme Court justices, a move that adds to the pressure on the court to strengthen its ethics policies. The Judiciary Committee leaders will vote to authorize subpoenas for information from billionaire Harlan Crow, a close friend and benefactor of Justice Clarence Thomas, and from Leonard Leo, the conservative judicial activist.

High Court Struggles on Whether Officials May Block Social Media Critics

MSN – Ann Marimow (Washington Post) | Published: 10/31/2023

The U.S. Supreme Court struggled to agree on how to determine when public officials can block critics from their private social media accounts, reviewing two cases that will have broad implications for citizen interactions with politicians online. All nine justices seemed to acknowledge the challenge and importance of defining when government employees are acting in an official capacity online, and therefore bound by First Amendment restrictions on censorship; and when they are acting as private citizens, with their own individual free speech rights.

From the States and Municipalities

Alabama – Alabama Legislators Study Past Ethics Proposals Ahead of Planned Revision Bill

Alabama Reflector – Ralph Chapoco | Published: 10/26/2023

Members of the House Ethics and Finance Committee discussed efforts since 2010 to amend Alabama’s ethics law. The gathering was the third in a series of “work meetings” providing legislators planning to draft legislation to update the existing law after a report released in 2019 recommending changes that included tightening language in the state’s ethics code and offering graduated penalties for specific violations.

Alabama – Local Journalists Arrested in Small Alabama Town for Grand Jury Story

MSN – Paul Farhi (Washington Post) | Published: 11/1/2023

A newspaper publisher and a reporter were arrested for publishing an article that officials said was based on confidential grand-jury evidence, a move that press-freedom advocates are characterizing as an unconstitutional attack on the news media. Publisher Sherry Digmon and reporter Don Fletcher of the Atmore News in Alabama were arrested after a story by Fletcher disclosed details of an investigation into the local school board’s payments to seven former school-system employees.

Arizona – Complaint Alleges GOP Lawmaker Illegally Used Campaign Cash to Attend J6

Arizona Mirror – Jerod MacDonald-Evoy | Published: 10/30/2023

An Arizona legislator who was among the rioting crowds at the U.S. Capitol on January 6, 2021, is facing a campaign finance complaint alleging he illegally used cash from a failed re-election bid to attend the insurrection, including airfare and a hotel stay. On January 5, Kern reported an expenditure for an airline ticket. On January 11, Kern reported an expenditure of $436.74 for travel and lodging at a Hyatt hotel.

Arizona – Arizona Prosecutors Ask About 2020 Pressure Campaign by Trump Allies

MSN – Yvonne Wingett Sanchez (Washington Post) | Published: 10/27/2023

The Arizona attorney general’s investigation into the coordinated attempt to overturn the 2020 election results by creating and sending documents to the federal government falsely declaring Donald Trump the winner is also zeroing in on the pressure placed on local officials by the former president’s key allies to help avert his loss. The investigation underscores the dramatically different approach that prosecutors from opposing parties have taken when weighing post-2020 activities.

California – Survey Says Residents Want More Information About Who’s Lobbying City Officials

Long Beach Post – Jason Ruiz | Published: 10/26/2023

Most respondents to a city survey about proposed changes to Long Beach’s lobbying rules said city officials should have to proactively disclose meetings with lobbyists, something they are not currently required to do. Those disclosures, respondents said, should be more frequent and robust than the law currently requires. The Long Beach Ethics Commission asked for the feedback as it is crafting changes to the city’s lobbying disclosure law. A new draft of the changes could be out as soon as November.

California – Free Speech Group Plans to Appeal S.F. Campaign Finance Law to U.S. Supreme Court

MSN – Bob Egelko (San Francisco Chronicle) | Published: 10/28/2023

San Francisco’s law requiring political ads to identify their top financial donors survived another challenge in federal appeals court, but nine conservative judges argued in dissent the law violates free speech. An attorney for opponents of the measure says he will appeal to the U.S. Supreme Court. The law went beyond disclosure mandates in state law by requiring committees financing local campaign advertisements to identify in the ads their top two donors of $5,000 or more.

California – Facing Strong Opposition, Bill Gore Withdraws from Consideration for San Diego Ethics Board

MSN – Jeff McDonald (San Diego Union Tribune) | Published: 10/30/2023

More than a month after being nominated by Mayor Todd Gloria to serve on the San Diego Ethics Commission, former Sheriff Bill Gore has withdrawn his nomination in the face of overwhelming opposition. Gloria’s nomination generated immediate backlash from criminal justice reform advocates and family members of people who died in San Diego County jails in recent years. According to sheriff’s department records, more than 170 people died in county jails on Gore’s watch since he was first appointed sheriff in 2009.

Florida – Florida Fights a Ruling That Halts Its Lobbying Restriction

WMNF – Jim Saunders (News Service of Florida) | Published: 10/26/2023

Pointing to securing the “public trust,” Florida Attorney General Ashley Moody asked a federal appeals court to overturn a decision that blocked part of a 2018 state constitutional amendment imposing new restrictions on lobbying. U.S. District Court Judge Beth Bloom issued a permanent injunction against a restriction on state and local officials lobbying other government bodies while in office. Bloom said the constraint violated First Amendment rights.

Florida – No Ethics Charges for Ivey Over Election Scandal After Candidates Decline to Give Testimony

Yahoo News – Eric Rogers (Florida Today) | Published: 10/30/2023

Brevard County Sheriff Wayne Ivey will not face ethics charges related to allegations of interference in the 2022 elections, after the candidates who came forward declined to talk to state investigators, according to the Florida Commission on Ethics. Ivey admitted making offers to the candidates in an interview with investigators but denied it was meant to sway their decisions to run, the allegation at the heart of the ethics complaint.

Georgia – Georgia’s Congressional Map Violates Voting Rights Act, Court Finds

Yahoo News – Zach Montellaro (Politico) | Published: 10/26/2023

A federal court found Georgia’s congressional map violates the Voting Rights Act, the latest Southern state to have its map struck down for discriminating against Black voters. A judge ordered the state Legislature to redraw the lines by early December. The opinion said Black voters’ power had been diluted following extensive population growth in the state that has been disproportionately powered by Black residents. Gov. Brian calling the Legislature into special session on November 29 to handle redistricting.

Hawaii – Hawaii Ethics Commission Steps Up Training of Government Employees

Honolulu Civil Beat – Chad Blair | Published: 10/20/2023

Since a new law requiring state legislators and employees to complete live or online ethics training classes every four years went into effect January 1, the number of people taking the course has increased as compared to 2021. That is due in part because an online, self-directed version of the course was introduced in 2020, when the pandemic forced many people to work from home. But there are still hundreds of workers that have not taken the training, either online or live via webinar or in-person classes.

Illinois – How the Massive Power Ed Burke Wielded Paved the Way for His Alleged Corruption

WBEZ – Fran Spielman (Chicago Sun-Times) and Mariah Woelfel | Published: 10/31/2023

As Chicago Ald. Ed Burke prepares to stand trial on sweeping corruption charges in a racketeering indictment, the path to this moment was paved in part by the enormous power he gained through “scratch my back” politics, including aldermanic prerogative. Also known as aldermanic privilege, the practice is an entrenched, off-the-books power that gives council members unquestioned say over a broad range of decisions – from zoning matters to parking permits. Despite efforts to curb it, that tradition continues to this day.

Maine – Maine Considers Closing Loophole That Allows Foreign Government Spending on Referendums

The Hill – David Sharp (Associated Press) | Published: 11/2/2023

Maine voters will decide whether to ban foreign influence in elections, many of them irked over the $22 million a Canadian utility spent to fight state referendums on a hydropower transmission project. Hydro Quebec, owned by the Canadian province, exploited an election law loophole to fight attempts to stop the project on which the utility stood to gain $10 billion. If voters grant their approval on November 7, Maine would be the 10th state to close the loophole in federal election law that bans foreign entities from spending on candidate elections, yet allows donations for local and state ballot measures, said Aaron McKean of the Campaign Legal Center.

Maryland – Potomac Edison Faces Maryland Audit After Admitting It Charged Customers for FirstEnergy’s Bribes and Lobbying

Energy and Policy – Dave Anderson | Published: 10/26/2023

Maryland utility regulators ordered a new audit of Potomac Edison after the FirstEnergy-owned utility admitted in a rate case that it owes nearly $1.7 million in refunds to Maryland customers it wrongly charged for bribes, lobbying, corporate sponsorships, advertising, and other expenses. The new audit will seek to ensure that Potomac Edison’s wrongful charges to customers in Maryland are fully accounted for and refunded.

Michigan – Financial Disclosure Bills Pass Michigan Senate with Limited Revisions

MSN – Simon Schuster (MLive) | Published: 11/2/2023

The Michigan Senate passed legislation laying out what state politicians must show the public in new personal financial disclosures, after slightly expanding the requirements amid criticism the bills leave too much in the dark. Elected officials and candidates in the legislative and executive branches of state government will have to list their sources of income, but not the amount, and list assets and liabilities under the bills. A sticking point remains the amount of information candidates or elected officials must list about family members.

Mississippi – Gov. Tate Reeves’ Top Political Donors Received $1.4 Billion in State Contracts from His Agencies

Mississippi Today – Julia James, Geoff Pender, Bobby Harrison, Taylor Vance, and Adam Ganucheau | Published: 10/31/2023

Of the 88 individual or corporate donors who have given Gov. Tate Reeves’ campaigns at least $50,000, Mississippi Today identified 15 donors whose companies received a total of $1.4 billion in state contracts or grants since he took office in 2020. The investigation reveals how private companies, whose executives routinely donate large sums to politicians, can rake in hundreds of millions in taxpayer funds while having the ear of powerful elected officials.

Missouri – Missouri House Ethics Committee Begins Inquiry into Personnel Moves by Dean Plocher

Missouri Independent – Rudi Keller | Published: 10/27/2023

The Missouri House Ethics Committee met behind closed doors to discuss a “personnel inquiry” in a meeting that had been widely expected to focus on beleaguered House Speaker Dean Plocher. The committee, which reviews complaints against House lawmakers, is scheduled to meet again to discuss the same inquiry on November 8. The meeting came as Plocher, who is running for lieutenant governor in 2024, is facing calls to resign after reports surfaced he received government reimbursements over several years for expenses also paid for by his campaign. He has started to pay back the money he improperly received.

New Jersey – Corruption, Backroom Deals, Local Politics Mire N.J.’s Legal Weed Rollout, Businesses Say

MSN – Jelani Gibson (NJ Advance Media) | Published: 10/30/2023

New Jersey promised a fair and ethical cannabis industry in which mom-and-pop shops would thrive. The law crafted by state legislators allowed towns, with little oversight, to authorize who can sell the product legally. Cannabis entrepreneurs seeking a piece of the billion-dollar industry are saying they are being exposed to extortion and intimidation. Municipalities can set their own fees, licensing schemes, and preferences independent of state supervision in a way that exceeds virtually every other regulated industry including liquor licenses.

New Jersey – Head of NJ Elections Watchdog Retires After Surviving Murphy’s Ouster Attempt

MSN – Ashley Balcerzak (Bergen Record) | Published: 11/1/2023

Jeff Brindle, longtime executive director of the New Jersey Election Law Enforcement Commission (ELEC), officially retired, roughly a year after the Murphy administration sought to oust him from the position. Brindle filed two lawsuits this year against Gov. Phil Murphy, one alleging a conspiracy “to extort and force” his resignation and a second challenging the constitutionality of a controversial bill that overhauled ELEC. Deputy Director Joe Donohue will serve as acting executive director while the commission conducts a search for a replacement for Brindle.

New Jersey – How Menendez Tried and Failed to Place an Ally in a Key Federal Post

Yahoo News – Benjamin Weiser, Nicholas Fandos, and Tracy Tully (New York Times) | Published: 10/30/2023

U.S. Sen. Robert Menendez went to great lengths to try to secure a friendly prosecutor in New Jersey’s top federal law enforcement position. Far from being routine politics, Menendez’s attempts to fill the position were part of a brazen scheme to sell his office for cash, gold bars, and a Mercedes-Benz convertible, a federal indictment says.

New York – Noncompete Campaign Raises Lobbying Questions

Albany Times Union – Joshua Solomon | Published: 10/27/2023

A dispute over whether the actions by the Public Policy Institute of New York State, the nonprofit arm of the state’s Business Council, are considered lobbying raises questions on what the nonprofit must report, including whether it has to disclose its donors for a campaign concerning noncompete agreements that is valued at more than five times the charity’s typical spending in a year. The nonprofit’s spokesperson, James Freedland, said the institute is not seeking to influence elected officials, a statement that government watchdogs dispute.

New York – N.Y. Ethics Watchdog Revising 2024 Legislative Agenda

Spectrum News – Kate Lisa | Published: 11/1/2023

State ethics commissioners worked on fine-tuning their legislative agenda for 2024, setting sights on how New York lawmakers can change policy to best regulate lobbying and ethical behavior of elected officials when they return to Albany in January. Members of the Commission on Ethics and Lobbying in Government held a public roundtable and discussed plans to press the Legislature to better regulate ethics training required for lobbyists, including a daily late fee for lobbyists and clients who fail to complete it in the required timeframe.

Oklahoma – Ryan Walters Reported $5,000 Campaign Donation a Year Late. It May Cost Him

MSN – Nolan Clay (Oklahoman) | Published: 11/1/2023

State Superintendent of Public Instruction Ryan Walters finally disclosed a $5,000 donation to his 2022 campaign from a PAC one year after the report was due. The 1776 Project made the donation on October 31, 2022. It says on its website it is “committed to abolishing critical race theory … from the public school curriculum.” Walters was supposed to report the contribution within 24 hours because it was received just days before the general election.

Virginia – An Election Chief Says the ‘Big Lie’ Ended Her Career. She’s Fighting Back.

MSN – Justin Jouvenal (Washington Post) | Published: 11/2/2023

Lynchburg Registrar Christine Gibbons was removed from her position, accused of corruption, taken to court, and reported to police for supposedly siphoning votes to Joe Biden in the 2020 election. A Republican who called for Gibbons’ firing and attended the “Stop the Steal” rally in Washington on January 6, 2021, was appointed as one of her bosses on the local election board. Gibbons filed a lawsuit, which contends the election board violated her First Amendment right to free political association by removing her for purely partisan reasons. It is among the first in the country to make that argument.

Virginia – Va. AG Will Probe Fundraising of Pro-Palestinian Group

MSN – Justin Jouvenal (Washington Post) | Published: 10/31/2023

Virginia Attorney General Jason Miyares announced his office will investigate the fundraising of one of the nation’s most prominent nonprofit organizations dedicated to educating the public, lobbying Congress, and organizing rallies for pro-Palestinian causes. Miyares said his office has “reason to believe” the Northern Virginia-based American Muslims for Palestine may not be complying with state rules on charitable giving and will investigate allegations lodged in a federal civil suit that the group provides indirect support to Hamas. AMP denied the allegations and called them not only “defamatory, but dangerous.”

Virginia – Youngkin ‘Purge’ Removed Nearly 3,400 Legal Virginia Voters from Rolls

MSN – Laura Vozzella (Washington Post) | Published: 10/29/2023

Virginia Gov. Glenn Youngkin’s elections team has admitted in the run-up to pivotal General Assembly elections that it removed nearly 3,400 qualified voters from the state’s rolls, far higher than the administration’s previous estimate of 270. Elections officials acknowledged what it called the mistaken removal five weeks after early voting began for the November 7 elections. The outcome will determine the fate of Youngkin’s conservative legislative agenda.

Washington – WA Lawmaker Plans Hiatus from Think Tank Job to Comply with Ethics Rules

Washington State Standard – Jerry Cornfield | Published: 10/27/2023

State Rep. Chris Corry appeared to satisfy concerns of an ethics panel so he can continue working for the Washington Policy Center without violating any conflict-of-interest laws. He became director of the conservative think tank’s Center for Government Reform in May. Corry could have faced an investigation and punishment by the Legislative Ethics Board if he kept both posts.

Wisconsin – Wisconsin’s Democratic Governor Sues Republican Legislature Over Blocking Basic Functions

ABC News – Scott Bauer (Associated Press) | Published: 10/31/2023

Democratic Gov. Tony Evers sued the Republican-controlled Wisconsin Legislature, arguing it is obstructing basic government functions, including signing off on pay raises for university employees that were previously approved. Evers is asking the state Supreme Court to take the case directly, bypassing lower courts. Evers argues committees controlled by a few Republican lawmakers are being used by the Legislature to “reach far beyond its proper zone of constitutional lawmaking authority.”

Wyoming – Bills Would Add Voter Requirements, Expand Campaign Donor Reporting

Gillette News Record – Hannah Shields (Wyoming Tribune Eagle) | Published: 10/27/2023

The Joint Corporations, Elections and Political Subdivisions Committee advanced bill drafts that could create significant changes to existing Wyoming election laws. One bill would add a 30-day residency requirement prior to Election Day. Another would expand the definition of an organization to include “any group of two … or more persons that … pools or otherwise jointly expends funds totaling in aggregate more than ($1,000).” The proposed legislation would allow groups to report campaign expenditure or electioneering communication without registering as a PAC.

Gov. Brian Kemp called for a special legislative session to begin November 29 due to the recent striking down of Georgia’s legislative and congressional voting maps by a federal judge.

The judge stated the maps violated the Voting Rights Act of 1965 and has set a deadline of December 8 for state lawmakers to draw new ones.

The maps will be redrawn to include multiple black-majority districts including two new districts for the Senate and five for the House.

 

Elections

Arizona: “Arizona Prosecutors Ask About 2020 Pressure Campaign by Trump Allies” by Yvonne Wingett Sanchez (Washington Post) for MSN

National: “Hearings Begin as Trump Critics Attempt to Kick Him Off Ballots” by Patrick Marley (Washington Post) for MSN

Ethics

National: “This Conservative Appeals Court’s Rulings Are Testing the Supreme Court” by Robert Barnes and Ann Marimow (Washington Post) for MSN

Maryland: “Potomac Edison Faces Maryland Audit After Admitting It Charged Customers for FirstEnergy’s Bribes and Lobbying” by Dave Anderson for Energy and Policy

Lobbying

California: “Survey Says Residents Want More Information About Who’s Lobbying City Officials” by Jason Ruiz for Long Beach Post

Florida: “Florida Fights a Ruling That Halts Its Lobbying Restriction” by Jim Saunders (News Service of Florida) for WMNF

New York: “Noncompete Campaign Raises Lobbying Questions” by Joshua Solomon for Albany Times Union

Redistricting

Georgia: “Georgia’s Congressional Map Violates Voting Rights Act, Court Finds” by Zach Montellaro (Politico) for Yahoo News

National/Federal

Meadows Granted Immunity, Tells Smith He Warned Trump About 2020 Claims: Sources

ABC News – Katherine Faulders, Mike Levine, and Alexander Mallin | Published: 10/24/2023

Former President Trump’s final chief of staff in the White House, Mark Meadows, has spoken with special counsel Jack Smith’s team at least three times this year, including once before a federal grand jury, which came only after Smith granted Meadows immunity to testify under oath, according to sources familiar with the matter. The sources said Meadows informed Smith’s team that he repeatedly told Trump in the weeks after the 2020 presidential election that the allegations of significant voting fraud coming to them were baseless.

An Unsanctioned Coterie of Pro-Israel Quasi-Lobbyists Has Descended on D.C.

MSN – Hailey Fuchs and Caitlin Oprysko (Politico) | Published: 10/22/2023

An ad hoc group of donors, activists, and allies have moved swiftly to help Israel. They have leveraged their political clout, their relationships with lawmakers, and their fundraising networks to do so. Their goal is to shape how elected officials in the U.S. react to the crisis. But their work also underscores how much of the political fight around the nascent war is being done on the fly; and how much is being waged in unconventional theaters: college campuses, corporate boardrooms, K Street offices. and Capitol Hill restaurants.

New House Speaker Mike Johnson Faces Herculean Task of Uniting Republicans

MSN – Marianna Sotomayor, Amy Wang, Leigh Ann Caldwell, Theodoric Meyer, and Jacqueline Alemany (Washington Post) | Published: 10/25/2023

Rep. Mike Johnson, a lesser-known conservative who has been a devoted follower of former President Trump was elected as speaker of the House, reopening the chamber for legislative business after a 21-day paralysis because the fractious Republican conference could not coalesce around a single nominee. Johnson now faces the herculean task of uniting a deeply ideologically fractured conference that is tasked with averting a government shutdown in less than a month, sending supplemental aid to Israel and other foreign countries, and passing reauthorization bills before the end of the year.

Special Counsel Urges Judge to Crack Down Further on Trump’s Comments

MSN – Devlin Barrett (Washington Post) | Published: 10/25/2023

Special counsel Jack Smith argued that recent comments by Donald Trump show not only that a federal gag order should be reimposed, but the court should weigh stricter sanctions, including sending him to jail, if he keeps talking about witnesses in his case. The filing was one of four made by the special counsel’s office on a range of legal issues in preparation for Trump’s planned trial on charges he conspired to obstruct Joe Biden’s electoral victory. Trump’s public statements attacking prosecutors, court personnel, and others have raised alarms among judges who worry such broadsides might inspire someone to commit violence.

Clarence Thomas’s RV Loan Was Forgiven, Senate Committee Report Says

MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 10/25/2023

Senate Finance Committee Chairperson Ron Wyden called on Supreme Court Justice Clarence Thomas to tell the panel whether he declared more than $250,000 of loan forgiveness on his tax filings. Wyden released a report that details a loan Thomas received from a friend, Anthony Welters, to buy a luxury Prevost Marathon motor coach in 1999. The report said Thomas made some interest payments on the $267,230 loan, but it was declared settled by Welters in 2008 without Thomas repaying a substantial portion, or perhaps any, of the principal.

Congressman Charged with Pulling False Fire Alarm in House Building

MSN – Peter Hermann and Clarence Williams (Washington Post) | Published: 10/25/2023

Rep. Jamaal Bowman was criminally charged with pulling a false fire alarm that forced the evacuation of the Cannon House Office Building as lawmakers scrambled to avert a government shutdown. Bowman was charged in a judicial summons, meaning he was not arrested. In an affidavit filed in court, authorities allege Bowman tried to open an emergency door and, when that failed, pulled a fire alarm and walked away and did not report his actions to police.

Elon Musk’s X Removes New York Times’ Verification Badge

MSN – Drew Harwell (Washington Post) | Published: 10/19/2023

The social media platform X, formerly known as Twitter, removed the gold “verified” badge from the New York Times’ account amid ongoing complaints about the news organization from X owner Elon Musk. The badge was the only symbol distinguishing the Times’ 55-million-follower account from impostors amid two major global conflicts in Israel and Ukraine. The move further extends Musk’s attempts to use the social media company he bought with claims of defending free speech to undercut news organizations he dislikes.

Lawsuit Aims to Slam Shut Loophole That Lets Political Parties Skirt Campaign Finance Law

MSN – Kathleen Culliton (Raw Story) | Published: 10/23/2023

A loophole that allows political parties to bypass campaign finance limits now faces a new legal challenge from watchdog groups in Washington D.C. The Campaign Legal Center and OpenSecrets filed a lawsuit against the FEC, which they hope will create new disclosure rules for national political party committee accounts. The loophole links back to the 2014 “Cromnibus” and an amendment to the Federal Election Campaign Act that allows parties to draw funds from “special purpose accounts,” according to the complaint.

Trump Files New Challenges to Federal Election Obstruction Case in D.C.

MSN – Spencer Hsu and Perry Stein (Washington Post) | Published: 10/24/2023

Donald Trump launched a multipronged legal attack on his federal prosecution for allegedly subverting the results of the 2020 election, saying his actions were protected by the First Amendment as political speech and arguing he cannot be tried in criminal court for trying to block Joe Biden’s victory after being impeached by the House but acquitted by the Senate. While aspects of Trump’s case raise historic legal questions, the motions are fairly typical for criminal defendants trying to challenge the legal sufficiency of the charges against them.

Top Groups’ Lobbying Spending Drops in Divided Congress

MSN – Caitlin Reilly (Roll Call) | Published: 10/23/2023

Total spending on lobbying by the biggest interest groups fell in the first three quarters of 2023 compared to last year amid partisan gridlock in a divided Congress. The dip came as the steady clip of major laws that moved through the last Congress slowed to a trickle this session with Democrats controlling the Senate and Republicans the House, where GOP leadership has struggled to maintain control of its conference.

How Ron DeSantis’ Super PAC Is Taking Financial Pressure Off His Campaign

NBC News – Alec Hernández and Bridget Bowman | Published: 10/20/2023

With three months to go until the first contest of the Republican nominating race, Florida Gov. Ron DeSantis continues to lean heavily on Never Back Down for support across the early states, and his most recent campaign finance report demonstrates how the super PAC has helped cover costs that otherwise might have drained DeSantis’s own campaign treasury. Beyond playing an extensive role in the governor’s campaign schedule and travel, the super PAC is also responsible for a large door-knocking operation in Iowa and running a slew of voter coalitions supporting DeSantis.

Appeals Court Upholds Broad Use of Obstruction Law That Prosecutors Have Deployed Against Trump

Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/20/2023

Federal prosecutors avoided an appeals court ruling that could have upended their criminal prosecution of Donald Trump, but the legal battle will continue over a federal obstruction statute that has become a cornerstone of cases stemming from the storming of the Capitol. A panel of the District of Columbia Circuit Court of Appeals ruled there are numerous ways for the government to prove January 6 defendants acted “corruptly” when seeking to obstruct Congress’ proceedings. A ruling that narrowly construed the meaning of “corruptly” could have derailed the prosecution of Trump on an obstruction charge.

Supreme Court to Decide if Biden Admin Illegally Bullied Social Media into Censoring Content

Yahoo News – Kyle Cheney and Rebecca Kern (Politico) | Published: 10/20/2023

The Supreme Court will determine whether the Biden administration violated the Constitution when it pressured technology companies to remove from their platforms what federal officials said was false or misleading content about the 2020 election and Covid-19. In taking the case, the justices also blocked the lower court’s injunction that would have barred many types of contact between federal officials and the social media giants. The action means administration officials can keep contacting social media companies for now while the justices weigh the case.

From the States and Municipalities

California – Sacramento Ethics Commission Dismisses Campaign Contribution Complaint after Investigation

Capital Public Radio – Kristin Lam | Published: 10/25/2023

The Sacramento Ethics Commission dismissed a complaint against mayoral candidate Flojuane Cofer and found she did not violate a campaign fundraising rule. Voting unanimously, the commission disagreed with part of an independent evaluator’s recommendation on how to deal with the complaint. The investigator found the city’s campaign contribution rules surrounding off-year elections are confusing.

California – Is Anaheim’s Fall of Reform Going to Freeze Over?

Voice of OC – Hosam Elattar | Published: 10/25/2023

Anaheim’s elected officials continue a rollout of reform proposals, but it is unclear how many overhauls will be made to a City Hall hit with one of the biggest corruption scandals in Orange County history. It comes as some Disney-backed city council members question if reforms are needed, like bolstering whistleblower protections, consequences for misconduct by elected officials, decreasing the city manager’s purchasing power, and overhauling lobbyist rules. The discussions come months after independent investigators alleged the city was essentially controlled by lobbyists and Disneyland resort interests.

Colorado – A New Law Has Stricter Regulations for Campaign Finance. What Does That Mean for Pueblo?

Pueblo Chieftan – Anna Lynn Winfrey | Published: 10/23/2023

A new law in Colorado imposes new requirements for how long campaign finance records are kept and sets contribution limits for municipal races. But as a home rule city, Pueblo has the jurisdiction to craft its own regulation on campaign finance. Because of the expected timing of a mayoral runoff race in January, after the bill goes into effect, the city council is expected to vote soon on an ordinance that would effectively freeze the current rules in place. Councilors could adopt more stringent requirements later, if desired.

Florida – Mayor Donna Deegan Approves No-Bid Contract for a Firm That Backed Her Campaign

MSN – David Bauerlein (Florida Times-Union) | Published: 10/24/2023

A company whose owner hosted a campaign event for Jacksonville Mayor Donna Deegan in January won a no-bid contract worth $300,000 for federal grant-writing, lobbying, and policy development after the city determined no other firm in the nation could provide all those services. The city typically requires competitive bidding, but the Professional Services Evaluation Committee recommended Deegan approve the one-year contract to Langton Consulting without seeking proposals from any other firms.

Florida – Florida Rule Would Limit Talk of ‘Social Issues’ at Public Universities

Yahoo News – Divya Kumar (Tampa Bay Times) | Published: 10/23/2023

A proposed regulation aimed at restricting diversity programs and social activism at Florida’s public universities has stirred confusion, with some saying its broadly worded passages could limit free speech. The regulation, when approved, will determine how the state enforces the law pushed by Gov. Ron DeSantis that seeks to gut diversity, equity, and inclusion programs at colleges and universities.

Florida – Florida Ethics Panel Says County Commissioner Steele Can Resume Lobbying for Municipalities

Yahoo News – Dave Berman (Florida Today) | Published: 10/24/2023

Brevard County Commissioner Jason Steele was given the green light to resume his lobbying work. including for municipalities within the county, while he continues to serve as commissioner. The Florida Commission on Ethics approved an advisory opinion from its legal staff that said there currently is nothing illegal about Steele lobbying on behalf of clients, as long as he does not lobby before the county commission and does not use nonpublic information he obtained as a commissioner for his lobbying work.

Georgia – Trump Co-Defendant Kenneth Chesebro Pleads Guilty in Georgia Election Case

MSN – Holly Bailey and Amy Gardner (Washington Post) | Published: 10/20/2023

Kenneth Chesebro, a former lawyer for Donald Trump’s campaign, pleaded guilty to illegally conspiring to overturn Trump’s 2020 election loss in Georgia, striking a deal in which he will avoid jail time and agreed to provide evidence that could implicate other defendants, including Trump himself. Chesebro pleaded guilty to a single felony count of conspiracy to file false documents. The charge relates to his role organizing slates of pro-Trump electors to meet in seven states where Joe Biden had won.

Georgia – Jenna Ellis Becomes Latest Trump Lawyer to Plead Guilty Over Efforts to Overturn Georgia’s Election

Yahoo News – Will Weissert and Kate Brumback (Associated Press) | Published: 10/24/2023

Attorney and conservative media figure Jenna Ellis pleaded guilty to a felony charge over efforts to overturn Donald Trump’s 2020 election loss in Georgia. Ellis, the fourth defendant in the case to enter into a plea deal, was a vocal part of Trump’s reelection campaign in the last presidential cycle and was charged alongside the Republican former president and 17 others. Ellis pleaded guilty to one felony count of aiding and abetting false statements and writings. She had been facing charges of violating Georgia’s Racketeer Influenced and Corrupt Organizations Act and soliciting the violation of oath by a public officer, both felonies.

Hawaii – Hawaii Budget Director’s Conflict of Interest: He owns HECO stock

Honolulu Civil Beat – Stewart Yerton | Published: 10/26/2023

Hawaii’s state budget and finance director is facing an ethical dilemma as Gov. Josh Green’s administration works to establish a fund for victims of the Maui wildfires. Luis Salaveria, who is playing a role in planning the fund that would benefit Hawaiian Electric Industries, also owns Hawaiian Electric stock. That should disqualify Salaveria from taking any official action that could affect the company, according to the state ethics code. But what, if anything, Salaveria plans to do to address the situation is unclear.

Hawaii – Hawaii Bribery Scandal Casts a Shadow Over Lahaina’s Ruins

Yahoo News – Blaze Lovell (New York Times) | Published: 10/25/2023

As Maui County recovers from the devastating wildfires that killed at least 99 people, millions of dollars will be spent on rebuilding critical infrastructure using a flawed contract-monitoring system that is marred by bribery and a lack of competition. A recent bribery case prompted some county officials to begin phasing out the use of sole-source contracts, but the practice is still in use in the county. That very little has changed since the bribery scandal was revealed could leave the door open for some contractors to take advantage of the disaster or for government money to be wasted.

Illinois – Illinois Lawmakers Banned Campaign Contributions from Red-Light Camera Companies – Then Accepted Them

Illinois Public Radio – Robert Herguth (Chicago Sun-Times) | Published: 10/20/2023

In May, the General Assembly passed a bill to ban campaign contributions from the red-light camera industry that has been embroiled in a bribery scandal still unfolding in federal court. Among those backing the bill was Illinois Senate President Don Harmon. Less than six weeks later, his campaign accounts accepted two contributions totaling $5,000 from Redspeed Illinois, a contractor operating red-light cameras in a number of Chicago-area municipalities. Bernadette Matthews, executive director of the state elections board, said the new law does not include penalties for violators.

Kentucky – Louisville Metro Councilman Anthony Piagentini Found in Violation of Ethics Rules

MSN – Eleanor McCrary (Louisville Courier Journal) | Published: 10/19/2023

Louisville Metro’s Ethics Commission found Councilperson Anthony Piagentini in violation of six ethics rules after he was accused of using his city position to land a $40 million grant for the Louisville Healthcare CEO Council, which then hired him. The commission also unanimously voted to recommend to the Metro Council that he be removed from his seat, but that decision ultimately lies with his 25 peers. Piagentini also received a penalty of $500 per violation.

Louisiana – Supreme Court Agrees with Delay on Drawing New Louisiana Congressional Map

MSN – Robert Barnes (Washington Post) | Published: 10/19/2023

The U.S. Supreme Court agreed with a delay on proceedings that could lead to creating a second congressional district in Louisiana where Black voters make up a large-enough share of the electorate to have a significant chance of electing their preferred candidate. The justices rejected requests by Black voters challenging a map passed by the state’s Republican-led Legislature to allow a lower court judge to proceed in coming up with a new map. The order indicates that once litigation over the issue is completed, the Legislature might get a chance to draw a revised map.

Maine – Inside Poland Spring’s Hidden Attack on Water Rules It Didn’t Like

Yahoo News – Hiroko Tabuchi (New York Times) | Published: 10/24/2023

When Maine lawmakers tried to rein in large-scale access to the state’s freshwater this year, the effort initially gained momentum. Then a Wall Street-backed giant called BlueTriton stepped in. Americans today buy more bottled water than any other packaged drink, and BlueTriton owns many of the nation’s biggest brands. Maine’s bill threatened the company’s access to the groundwater it bottles and sells. The legislation had already gotten a majority vote on the committee and was headed toward the full Legislature, when a lobbyist for BlueTriton proposed an amendment that would eviscerate the entire bill.

Massachusetts – Ryan and Stephanie Fattman Agree to Record Fines to Settle Campaign Finance Cases

Yahoo News – Kinga Borondy (Worcester Telegram & Gazette) | Published: 10/24/2023

The Massachusetts attorney general’s office reached a settlement with stated Sen. Ryan Fattman; his wife, Worcester Registrar of Probate Stephanie Fattman; and members of their campaign committees in the three-year probe into campaign finance irregularities. The settlements to be paid total hundreds of thousands of dollars, the largest amounts ever paid by candidate committees to the state to resolve cases.

Michigan – Financial Disclosures Proposed for Michigan Politicians Are ‘Pretty Weak,’ Advocates Say

MLive – Simon Schuster | Published: 10/25/2023

A bipartisan group of lawmakers introduced a package of legislation that details what state elected officials must include in Michigan’s first-ever financial disclosures. The legislation, while bringing specificity to some areas 2022’s Proposal 1 left vague, also leaves gaps in reporting, exempting public officials from having to disclose some of the very financial benefits that roiled state government in recent scandals. Nicholas Pigeon, executive director of the Michigan Campaign Finance Network, called the bills “a mixed bag … that is pretty weak compared to the rest of the country.”

Michigan – After Campaign Finance Complaint Against Fouts, City Attorney Files Against Council Foes

MSN – Christina Hall (Detroit Free Press) | Published: 10/25/2023

The Warren city attorney filed state campaign finance complaints against three city council members for comments they made during a council meeting using city equipment, which was broadcast live and is on video on the city’s website. The complaints come days after the secretary of state’s office determined Mayor Jim Fouts may have violated the law by endorsing candidates during his State of the City address.

Missouri – Records Show Missouri House Speaker Charged State for Travel Already Paid for By His Campaign

Missouri Independent – Jason Hancock | Published: 10/23/2023

Missouri House Speaker Dean Plocher filed an expense report to be reimbursed for a $1,199.60 plane ticket to the 2023 Uniform Law Commission conference. The House ultimately agreed to pay him the money. But the cost of the ticket did not come out of Plocher’s bank account. It came out of his campaign. Seven months earlier, “Plusher for Missouri” reported paying $1,199.60 for airfare to Hawaii for the conference. A review of Plocher’s expense reports over the years shows the Hawaii expense was not an isolated event.

New Hampshire – Breaking with Longstanding Tradition, Biden Won’t Appear on New Hampshire’s Primary Ballot

Yahoo News – Francesca Chambers (USA Today) | Published: 10/24/2023

President Joe Biden’s name will not be on the New Hampshire primary ballot. Biden has been tussling with the state for nearly a year over its historically early primary date and will not make the trip to Concord to file. In a break with centuries-old tradition, the incumbent president will not appear on the state’s Democratic primary ballot at all, with the national party pledging to discipline candidates who compete in unsanctioned primaries like the one New Hampshire plans to hold.

New Jersey – ‘Phantom Candidates’ in Tough N.J. Legislative Elections? Republicans Call for Investigation.

MSN – Brent Johnson (New Jersey Advance Media) | Published: 10/23/2023

Allegations about a “dark money” group pushing “phantom candidates” have invaded a pair of tense races for the New Jersey Legislature. Republican candidates in the second and fourth districts, two of the most competitive in this year’s elections, have asked top law enforcement officials to investigate a new nonprofit group with a Queens address that sent out campaign mailers to voters urging them to support independent or third-party “conservative” candidates.

New York – ‘A Well-Thought-Out Scheme’: Orange County lawmakers claim corruption with county’s contracts with IT company

Albany Times Union – Lana Bellamy | Published: 10/26/2023

New York Sen. James Skoufis alleges the Orange County government entered into illegal contracts with an information technology company in order to enrich the family of a top-ranking county official, and county administrators have attempted to cover up a larger corruption scheme. Skoufis laid out the case that contracts between the county and StarCIO totaling $823,000 were illegally procured and inflated to enrich Isaac Sacolick, the company’s proprietor and the brother-in-law of county Human Resources Commissioner Langdon Chapman.

New York – Judge Fines Trump $10,000 for Second Violation of New York Gag Order

MSN – Shayna Jacobs and Devlin Barrett (Washington Post) | Published: 10/25/2023

A New York judge fined Donald Trump $10,000 for violating a gag order in a business-fraud lawsuit and warned the former president the penalties will only get worse if he keeps breaking the rules set for the civil trial, in which he is accused of falsely inflating his property values. The five-figure fine came after New York Supreme Court Justice Arthur Engoron unexpectedly called Trump to the witness stand to explain, under oath, a comment he made outside the courtroom earlier in the day.

New York – Adams Campaign Contributors Plead Guilty to Straw Donor Conspiracy Charge

The City – George Joseph | Published: 10/24/2023

Shahid and Yahya Mushtaq, two brothers who run a construction company in Queens, each pleaded guilty to a misdemeanor conspiracy charge stemming from a straw donor scheme that aimed to generate illicit public matching funds for Eric Adams’ successful 2021 mayoral campaign. The brothers’ plea deals require them both to pay a $500 fine and complete 35 hours of community service.

New York – Who Paid for Gov. Hochul’s Israel Trip? Her Office Won’t Say.

The Gothamist – Jon Campbell | Published: 10/25/2023

New York Gov. Kathy Hochul’s office will not say who pledged to pay for the governor’s recent visit to Israel, an arrangement the state’s ethics board has not yet approved, despite her trip to the Middle East last week. Hochul spent two days in Israel amid its war with Hamas, touring the country and meeting with dignitaries, along with victims and their families. Gubernatorial spokesperson Avi Small said the Commission on Ethics and Lobbying in Government is still “in the final stages of reviewing this arrangement to ensure it fully complies with state ethics law.”

North Carolina – N.C. Republicans Pass Redistricting Map Expected to Flip 3 House Seats

MSN – Dan Rosenzweig-Ziff (Washington Post) | Published: 10/25/2023

The North Carolina General Assembly gave final approval to new congressional and state legislative district maps that would empower the state Republican Party for years to come. North Carolina’s 14 congressional seats are now evenly split between Democrats and Republicans. The new map would probably flip at least three of those seats to the GOP. Proponents say they are allowed to draw maps that favor political parties because of recent court precedent, and Republicans have the power to do so because they won more seats in both chambers of the Legislature.

Ohio – Ohio Secretary of State Frank LaRose Quietly Ordered Purge of Thousands of Inactive Voters Last Month

MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 10/24/2023

Thousands of inactive Ohio voters were purged from the state’s voter rolls in September at the direction of Secretary of State Frank LaRose after some voters had already begun casting ballots in the November election. LaRose maintains he issued the directive because he’s required by federal and state election law to set rules and timelines for maintaining accurate voter registration lists. But a state lawmaker asked why he did not delay it until after the general election, as he did earlier ahead of the August special election on a proposed constitutional amendment to make it harder to pass future amendments.

Ohio – Mayor Pureval Removed from Cincinnati Southern Railway Campaign Ads After Conflict of Interest Questions

WCPO – Taylor Weiter and Dan Monk | Published: 10/19/2023

Commercials promoting the sale of the Cincinnati Southern Railway no longer feature Mayor Aftab Pureval after a media investigation found connections between campaigns for the sale and Pureval’s re-election. Building Cincinnati’s Future and Friends of Aftab Pureval, the mayor’s re-election campaign, share the same treasurer, Jens Sutmoller.

Oklahoma – Phantom Attack Ads Target Oklahoma Candidate, Connected to Nationwide Dark Money Network

MSN – Clifton Adcock (The Frontier) | Published: 10/24/2023

Common Sense Conservatives spent money on a direct mail advertisement this fall against Baptist minister Dusty Deevers in a Republican primary for a seat in the Oklahoma Senate. Records show Common Sense Conservatives is one small piece of a larger, nationwide “dark money” network that conducts most of its operations out of Ohio, has been involved in numerous federal and state-level campaigns in other states including Oklahoma, and has ties to at least one bogus charity.