redistricting Archives - Page 9 of 32 - State and Federal Communications

January 31, 2023 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance Iowa: “State Agency Can’t Enforce Iowa’s Campaign Finance Laws; Asks Lawmakers for Changes” by Ethan Stein for KCRG Ethics National: “Trump’s Evolution in Social Media Exile: More QAnon, more extremes” by Ken Bensinger and Maggie Haberman (New York […]

January 13, 2023 • Written by Jim Sedor

News You Can Use Digest – January 13, 2023

National/Federal At Proud Boys Trial, U.S. Aims to Win Another Seditious Conspiracy Case MSN – Rachel Weiner (Washington Post) | Published: 1/9/2023 Henry “Enrique” Tarrio and four other members of his right-wing group Proud Boys are standing trial on charges of […]

National/Federal

At Proud Boys Trial, U.S. Aims to Win Another Seditious Conspiracy Case
MSN – Rachel Weiner (Washington Post) | Published: 1/9/2023

Henry “Enrique” Tarrio and four other members of his right-wing group Proud Boys are standing trial on charges of seditious conspiracy in a case that will test the limits of a rarely used law. Prosecutors will seek to convince a jury the riot at the U.S. Capitol was not the spontaneous outburst of a misguided mob but an assault on democracy galvanized by dedicated extremists. The strongest evidence against the Proud Boys comes from on and around January 6, as they discussed storming the Capitol and members of the group engaged in violence. The government’s challenge will be tying that to a broader political plot.

Attorneys Clash in E. Jean Carroll Defamation Case Against Trump
MSN – Keith Alexander (Washington Post) | Published: 1/10/2023

An appeals court heard arguments on whether Donald Trump was acting within his job as president when he denied a writer’s allegations that he sexually assaulted her in the mid-1990s. Lawyers for E. Jean Carroll argued Trump acted as a private citizen when he denied raping Carroll, and therefore can be sued like anyone else. Trump’s lawyers and an attorney for the Justice Department countered that his responses were made as part of his job as president, which would effectively end Carroll’s case against him.

Here Are the K Street Lobbyists Closest to McCarthy
Yahoo News – Karl Evers-Hillstrom (The Hill) | Published: 1/11/2023

U.S. Rep. Kevin McCarthy’s ascension to speaker of the House could be a boon for a small group of lobbyists within his inner circle. He has relied on a small handful of lobbyists for advice and fundraising help. Now those allies are a hot commodity among corporate clients eager to make inroads with McCarthy, who is in lockstep with corporate America on economic policy but has chastised major companies for wading into social and political issues.

House Narrowly Approves Rules Amid Concerns About McCarthy’s Concessions
Seattle Times – Catie Edmondson (New York Times) | Published: 1/9/2023

House Republicans pushed through an overhaul of operating rules for the new Congress, overcoming the concerns of some rank-and-file members about concessions that Speaker Kevin McCarthy made to the hard right in the desperate and drawn-out process of securing his job. Taken together, the rules increase transparency around how legislation is put together. But they could also make it difficult for the House to carry out even its most basic duties in the next two years, such as funding the government, including the military, or avoiding a catastrophic federal debt default.

How Kevin McCarthy Survived the GOP Revolt to Become House Speaker
MSN – Isaac Arnsdorf, Mariana Sotomayor, Michael Scherer, and Josh Dawsey (Washington Post) | Published: 1/8/2023

Months of posturing and saber-rattling at last gave way to serious talks on changing how the new House would operate, which eventually led to Kevin McCarthy winning the speakership. What emerged was a deal that would secure McCarthy his prize only by diminishing it and putting the House on a collision course for more crises like the one just barely resolved, next time over funding the government or raising the debt limit.

Official U.S. Capitol Tour Guides Told to Only Mention Jan. 6 If Asked
Yahoo News – Joe Heim (Washington Post) | Published: 1/5/2023

Visitors on official guided tours of the U.S. Capitol are peppered with facts about its rich history. But they probably will not hear a word about the January 6, 2021, attack by supporters of Donald Trump who were seeking to stop the certification of Joe Biden’s electoral win. Guides have been told to only refer to January 6 if questioned on a tour, according to former tour guides and people familiar with the Capitol Visitor Center’s operations. It is a policy that in many ways reflects a country at odds with itself, unable to agree on fact and truth and reluctant to engage on the history of a day that threatened democracy.

Scandal-Hit EU Assembly Set to Move on Anti-Corruption Plan
Yahoo News – Lorne Cook (Associated Press) | Published: 1/11/2023

Spurred into action by a major corruption scandal, European Parliament President Roberta Metsola wants to prevent former lawmakers from lobbying on behalf of businesses or governments soon after they leave office and to make public the names of current members who break assembly rules. Metsola also seeks tougher checks on lobbyists and the public listing of any meetings that lawmakers may have with them. The plans were divulged a month after Belgian authorities arrested four people on charges of corruption, money laundering, and participation in a criminal organization.

Second Biden Search Yields Additional Classified Documents
MSN – Devlin Barrett, Matt Viser, Tyler Pager, and Perry Stein (Washington Post) | Published: 1/11/2023

President Biden’s personal lawyers discovered a small number of classified documents at the Penn Biden Center for Diplomacy and Global Engagement, an institute Biden started after serving as vice president. Legal representatives for the president then announced they found additional classified material at a second location. White House officials have said they are cooperating with the Justice Department and that Biden’s lawyers quickly handed over the documents to the National Archives and Records Administration.

The Mysterious, Unregistered Fund That Raised Big Money for Santos
DNyuz – Alexandra Berzon and Grace Ashford (New York Times) | Published: 1/12/2023

A month before George Santos was elected to Congress, one of his large campaign donors was asked to consider making another sizable contribution. The request came from a Republican loyalist on behalf of RedStone Strategies, which was described in an email to the donor as an “independent expenditure” group. The donor sent $25,000 to a bank account belonging to RedStone Strategies. But where the donor’s money went is unclear. The FEC said it had no evidence RedStone Strategies was registered as a political group, and there do not appear to be any records documenting its donors, contributions, or spending.

The New Soldiers in Propane’s Fight Against Climate Action: Television stars
DNyuz – Hiroko Tabuchi (New York Times) | Published: 1/11/2023

For DIY enthusiasts, Matt Blashaw is a familiar face, judging bathroom remodels or planning surprise home makeovers on popular cable television shows. He also has a strong opinion about how Americans should heat their homes: by burning propane. Less well known is Blashaw is paid by a fossil fuel industry group that has been running a furtive campaign against government efforts to move heating toward electricity made from cleaner sources. The Propane Education and Research Council has spent millions of dollars on “provocative anti-electrification messaging,” using influencers like Blashaw, according to the group’s internal documents.

Trump Campaign Officials Got Subpoena Asking New Questions About Jan. 6
MSN – Josh Dawsey, Devlin Barrett, and Rosalind Helderman (Washington Post) | Published: 1/11/2023

A wide-ranging subpoena sent to Donald Trump’s campaign officials in December shows new areas of investigative interest as part of the Justice Department’s extensive January 6 criminal probe, and lawyers say a grand jury focused on the day’s events and related fundraising has increased its activities in recent months. The document seeks more than two dozen categories of information and includes some questions that were not part of a series of similar subpoenas that were sent to several dozen people in September.

From the States and Municipalities

Alaska – Wasilla Lawmaker Advised Not to Solicit Campaign Funds for Oath Keepers Trial Costs
Yahoo News – Sean Maguire (Anchorage Daily News) | Published: 1/6/2023

Staff at the Alaska Public Offices Commission advised Rep. David Eastman not to keep soliciting campaign contributions to pay his legal bills, saying that would run afoul of state law. Anchorage Superior Court Judge Jack McKenna ruled in December that Eastman was eligible to hold public office despite his membership in the Oath Keepers, a far-right militia group that had some members and leadership participate in the riot at the U.S. Capitol. Without being able to solicit campaign contributions, he can still accept donations to a separate legal fund, but as a sitting legislator, the law prohibits him from accepting monetary “gifts” worth $250 or more.

California – Lobbyist’s $1,100 Payment to El Monte Councilmember for Breast Augmentation Lawful, FPPC Rules
San Gabriel Valley Tribune – Jason Henry (Pasadena Star News) | Published: 1/8/2023

The California Fair Political Practices Commission (FPPC) found El Monte Councilperson Victoria Martinez Muela did not violate the law by accepting $1,100 for breast augmentation surgery from a friend, even though the friend’s employer had business before the city council. The FPPC determined the payment for the procedure did not constitute a “gift” under state law, would not have been subject to state limits, and did not qualify as reportable income, said Alex Rose, counsel for the agency’s enforcement division.

California – San Jose Lobbyists Skirt Transparency
San Jose Spotlight – Tran Nguyan | Published: 1/5/2023

A review of 2022 disclosure reports shows how some lobbyists failed to divulge details of their meetings with San Jose officials. San Jose adopted lobbying rules in 2007 to increase transparency at City Hall and allow the public a window into how lobbyists influence city business and policies. The ordinance requires lobbyists to submit weekly reports and disclose details, including who their client is, who they meet with, how they communicate, and the topic being discussed.

Colorado – ‘Laughable’: Is it too easy to get on the Denver mayoral ballot?
Denver Post – Joe Rubino | Published: 1/5/2023

It took Leslie Herod’s campaign less than 17 hours to collect the 300 verified voter signatures needed to get the mayoral hopeful on the ballot for Denver’s April 4 municipal election. The speed with which Herod hit the petition mark – turning in her signatures at 4:30 p.m. on the first day signature gathering was allowed – highlights a concern that has been rumbling beneath the surface of Denver elections: is it too easy for candidates and citizens’ initiative to get on the ballot?

Florida – DeSantis Inauguration Planned to Give Donors Special Treatment. They Got Long Lines, Few Seats
MSN – Mary Ellen Klas and Lawrence Mower (Miami Herald) | Published: 1/5/2023

Florida Gov. Ron DeSantis proclaimed to a crowd of about 250 people at a candlelight dinner for donors that his swearing-in ceremony was “the most requested ticket” of any inauguration in state history. In fact, organizers sold more tickets than there were seats for the swearing-in, leaving numerous people, including the chief executive officer of Publix and the future speaker of the Florida House, without a place to sit. The treatment of the VIPs left some egos bruised. Many paid between $25,000 and $1 million for sponsorship packages that included seats to the VIP section for the swearing-in ceremony and tickets to the inaugural ball.

Georgia – Fani Willis, the Georgia Prosecutor Investigating Trump, Has Taken on Seemingly Untouchable Targets
MSN – Tom Hamburger, Matthew Brown, and Ann Marimow (Washington Post) | Published: 1/9/2023

Fulton County District Attorney Fani Willis is considering using Georgia’s racketeering statute in a politically treacherous investigation. The question is whether former President Trump conspired with his allies to break the law and attempt to overturn the 2020 election in the state. Willis finds herself at the center of an inquiry with the potential to make history and influence the course of the next presidential vote. A special grand jury convened as part of the investigation submitted a report that could include recommendations for charges.

Hawaii – Commission Fines Cayetano Campaign, Super PAC Over Josh Green Attack Ads
Honolulu Civil Beat – Blaze Lovell | Published: 1/11/2023

The Hawaii Campaign Spending Commission fined gubernatorial candidate Vicky Cayetano’s campaign and her super PAC, Victory Calls. Commission staff found probable cause the campaign improperly coordinated with the PAC to run a print ad in the Honolulu Star-Advertiser attacking Gov. Josh Green, who at the time was a gubernatorial candidate and Cayetano’s opponent in the Democratic primary. The commission voted to fine the campaign and Victory Calls $1,000 jointly for the print ad, meaning either the PAC or the campaign can pay the fine.

Hawaii – Proposal Would Increase Public Funding for Hawaii Campaigns
Yahoo News – Dan Nakaso (Honolulu Star-Advertiser) | Published: 1/10/2023

State Sen. Karl Rhoads plans to introduce legislation this year to help county, state, and Office of Hawaiian Affairs candidates raise more campaign money through public funds to ease their reliance on lobbyists and private donors with the goal of promoting “clean elections.” The proposal follows the guilty pleas of Sen. J. Kalani English and Rep. T.J. Cullen on bribery and corruption charges that led to calls for ethics and fundraising reform that largely did not materialize last year but did lead to a ban on fundraising while the Legislature is in session and to the creation of a House commission on legislative conduct.

Illinois – Ex-U.S. Rep. Luis Gutierrez Allegedly Lobbied Speaker Michael Madigan for ComEd Board Appointment for Juan Ochoa, According to New Filing
Yahoo News – Jason Meisner and Ray Long (Chicago Tribune) | Published: 1/11/2023

Federal prosecutors revealed new evidence they intend to use against four people accused in an alleged bribery scheme between Commonwealth Edison (ComEd) and then-House Speaker Michael Madigan. Former McPier chief executive Juan Ochoa is expected to testify he enlisted the help of a member of Congress in 2017 to help repair his tattered relationship with Madigan and ultimately secure a lucrative position on ComEd’s board of directors. Sources said the member is ex-U.S. Rep. Luis Gutierrez. The trial promises to be the biggest corruption trial in Illinois since ex-Gov. Rod Blagojevich was convicted in 2011.

Illinois – Lightfoot Campaign Asks CPS Teachers to Encourage Students to Help Her Win Reelection in Return for Credit
WTTW – Heather Cherone | Published: 1/11/2023

Mayor Lori Lightfoot’s reelection campaign sent an email to Chicago Public Schools teachers asking them to encourage their students to volunteer to help Lightfoot win a second term as mayor and earn class credit. The message was sent to teachers’ official work email accounts. As mayor, Lightfoot appoints not only the superintendent of the Chicago Public Schools but also the members of the city Board of Education. Chicago’s ethics ordinance prohibits the use of public resources, including email accounts, for non-official purposes.

Kansas – Prominent Kansas Senate Republican to Pull Double Duty as Kris Kobach Adviser, Legislator
MSN – Andrew Bahl (Topeka Capital Journal) | Published: 1/11/2023

State Sen. J.R. Claeys will serve as a senior adviser to Kansas Attorney General Kris Kobach, a move that is not unprecedented but has brought concerns about a potential conflict-of-interest. There is nothing in the rules preventing Claeys, who also served as Kobach’s campaign manager during the 2022 election cycle, from simultaneously serving in a state agency. Legislators, both current and past, have worked for executive branch agencies and Kansas Board of Regents institutions, among other day jobs.

Kentucky – Pfizer Gives $1 Million to Republican Party of Kentucky to Expand Its Headquarters
Kentucky Lantern – Tom Loftus | Published: 1/9/2023

In what may be the largest political contribution ever given to a political party in Kentucky, the drug maker Pfizer Inc. gave $1 million last month to the building fund of the state Republican Party. A report filed by Republican Party of Kentucky Building Fund listed the $1 million from Pfizer along with five other big corporate contributions in the final quarter in 2022 totaling $1.65 million. That is an extraordinarily large haul for the fund which had raised only $6,000 during the first three quarters of last year.

Louisiana – Former Louisiana Democrats Chair, State Senator Gets Prison Time for Wire Fraud
Louisiana Illuminator – Greg La Rose | Published: 1/11/2023

Former state Sen. Karen Carter Peterson was sentenced to 22 months in prison after admitting she used money from her campaign and the Louisiana Democratic Party to support a gambling addiction. Peterson was accused of pilfering $147,000 from her campaign and party coffers through a series of payments to close political allies.

Massachusetts – SJC Rules DiMasi’s Federal Corruption Convictions Do Not Disqualify Him, or Others, from Lobbying on Beacon Hill
MSN – John Element (Boston Globe) | Published: 1/5/2023

Secretary of State William Galvin misinterpreted Massachusetts law when he denied former House Speaker Sal DiMasi’s registration as a lobbyist in 2019, the state’s highest court ruled. The Supreme Judicial Court said amendments to ethics laws enacted by state legislators in 2009 specified that only state corruption convictions could be used to prevent someone from registering as a lobbyist for 10 years after being convicted. DiMasi was convicted in federal court of fraud and extortion for taking bribes while in office.

Massachusetts – The Latest Challenge for the Beleaguered Massachusetts State GOP: Tens of thousands of dollars in unpaid bills
MSN – Emma Platoff (Boston Globde) | Published: 1/10/2023

Fresh off an electoral defeat in the November midterms. the Massachusetts Republican Party now appears to have mounting financial and legal problems, too – a pile of overdue bills, much of that money owed to an opposition research firm that party leaders hired last year to dig up dirt on Maura Healey during her run for governor. As of late December, the state GOP owed at least $86,000 to at least two outside vendors hired for election-related services, bills that were late by more than two months. Republican sources, including one familiar with the party’s direct mail process, estimated the debt far exceeds that amount.

New Mexico – Democratic Officials’ Homes, Offices Shot Up in New Mexico
Associated Press News – Susan Montoya Bryan and Morgan Lee | Published: 1/6/2023

The homes or offices of five elected Democratic officials in New Mexico, including the new attorney general, have been hit by gunfire over the past month, and authorities are working to determine if the attacks are connected. Nobody was injured in the shootings. Federal officials have warned about the potential for violence and attacks on government officials and buildings, and the Department of Homeland Security has said domestic extremism remains a top terrorism threat in the U.S. Local officials have also faced an increasing number of threats in recent years.

New York – Lawmaker’s Victory May Cost Him Coveted Manhattan Apartment
DNyuz – Luis Ferré-Sadurní (New York Times) | Published: 1/6/2023

Democrats in the New York Assembly had been considering whether to expel a Republican member because of evidence suggesting he lived in Manhattan, not in the South Brooklyn district he was recently elected to represent. But the efforts to remove Assemblyperson Lester Chang were seen as politically contentious. So Democratic leaders decided they would not try to remove Chang. But even though Mr. Chang will keep his seat, he may be at risk of losing something equally precious: his rent-stabilized apartment in Manhattan.

New York – Rensselaer County’s Former GOP Elections Commissioner Admits Voter Fraud
Albany Times Union – Robert Galvin | Published: 1/11/2023

Jason Schofield, Rensselaer County’s former elections commissioner, pleaded guilty to 12 counts of voter fraud charges, admitting he fraudulently filed absentee ballots in 2021 using the personal information of at least eight voters without their permission. The plea is part of a broader, ongoing investigation by the U.S. Justice Department that led to the guilty plea of ex-Troy City Council Member Kimberly Ashe-McPherson. The probe is examining the election activities of several top county officials.

New York – Trump Financial Officer Allen Weisselberg Sentenced to Five Months in Jail
MSN – Shayna Jacobs (Washington Post) | Published: 1/10/2023

Longtime Trump Organization finance chief Allen Weisselberg, who pleaded guilty to 15 counts including tax fraud, conspiracy, and grand larceny, was sentenced to serve five months in jail. Authorities had promised Weisselberg a steeply reduced sentence in exchange for testifying against the Trump Organization. He had faced up to 15 years in prison. The company was convicted of tax crimes. Donald Trump was not charged with wrongdoing.

North Dakota – As Lawmakers Return to Bismarck, Lobbyists Fill the Capitol
Grand Forks Herald – Jeremy Turley (Forum News Service) | Published: 1/6/2023

Lobbyists are sure to be present wherever laws are made, and the North Dakota Capitol is no exception. For each of the state’s 141 lawmakers, there are more than two registered lobbyists, and their numbers are expected to grow as the Legislature’s four-month session unfolds. Lobbyists, whether paid or not, are a vital piece of the Capitol ecosystem, according to policymakers and political scientists.

North Dakota – Bill Would Add 9,000 State Employees to North Dakota Ethics Panel’s Jurisdiction
Jamestown Sun – Jack Dura (Bismarck Tribune) | Published: 1/6/2023

North Dakota’s Ethics Commission is asking the state Legislature to expand the panel’s oversight authority to include thousands of state employees. Senate Bill 2048 includes several changes requested by the commission, such as extending the time frame to notify an accused person of an ethics complaint and adding criteria for who can make complaints. The bill also would add about 8,960 executive branch employees to the ethics panel’s jurisdiction over “public officials.”

Ohio – Ex-Ohio Governor Candidate Joe Blystone Fined $105K, Can’t Run for Office for 5 Years
Yahoo News – Jessie Balmert (Cincinnati Enquirer) | Published: 1/5/2023

Joe Blystone, who unsuccessfully challenged Gov. Mike DeWine in the Republican primary election last May, will pay a $105,000 fine and not run for office for five years as part of a settlement with the Ohio Elections Commission. The $105,000 fine is what is left in Blystone’s campaign account minus $75,000 placed in reserve for a pending lawsuit. The case stemmed from a slew of campaign finance violations committed by Blystone.

Oklahoma – After Dark Money Flooded Elections, Oklahoma GOP Chair Wants Changes to Help Political Parties
Tulsa World – Carmen Forman | Published: 1/11/2023

After millions of dollars in “dark money” flowed into Oklahoma elections last year, the state Republican Party chairperson is seeking reforms. A.J. Ferate asked the Oklahoma Ethics Commission to consider updating campaign finance rules so political parties can raise more money and provide additional assistance to state candidates. Corporations and other entities can contribute unlimited sums of money to influence elections through groups that do not have to report their donors. Political parties have to report their campaign fundraising and spending.

Pennsylvania – DA Larry Krasner’s Impeachment Trial Gets Indefinitely Postponed by the Pa. Senate
MSN – Ellie Rushing (Philadelphia Inquirer) | Published: 1/11/2023

The Pennsylvania Senate voted to indefinitely postpone the impeachment trial of Philadelphia District Attorney Larry Krasner. A Commonwealth Court ruling to dismiss the articles of impeachment as legally insufficient, the future of the trial – and the timeline for when, or even if, it resumes – remains uncertain. Judge Ellen Ceisler said the articles did not sufficiently demonstrate Krasner failed to perform his duties or acted with an improper or corrupt motive, a standard required under the state constitution to impeach a public official.

Rhode Island – As Judge Caprio Moves On, Questions About ‘Caught in Providence,’ and the Profits, Are Raised
Yahoo News – Katherine Gregg (Providence Journal) | Published: 1/9/2023

In 2015, The Rhode Island Ethics Commission gave the chief judge of Providence Municipal Court, Frank Caprio, its blessing to expand his “Caught in Providence” television show into wider markets. Caprio told the commission that “he has never and will never accept financial compensation of any kind from the broadcast of these Municipal Court proceedings.” But the judge’s brother, David Caprio, chair of the state’s higher education board, recently acknowledged he has made a little more than $100,000 a year from the broadcast, which he did not list on his ethics-disclosure filing.

South Carolina – South Carolina US House District Ruled Racial Gerrymander
Yahoo News – James Pollard and Jeffrey Collins (Associated Press) | Published: 1/5/2023

Federal judges ordered South Carolina lawmakers to draw new congressional maps, ruling the U.S. House district lines of a seat flipped by Democrats four years ago were intentionally redrawn to split Black neighborhoods to dilute their voting power. The state used the maps in this past November’s midterm elections after the Republican-dominated state Legislature redrew the lines following the 2020 U.S. Census. With Republicans holding a thin margin in the House, any change to competitive districts has a chance to alter the balance of power after the 2024 elections.

Utah – The Utah Executive Ethics Committee Has Been Understaffed for 2 Years
Local Today – Emily Anderson Stern (Salt Lake Tribune) | Published: 1/11/2023

After major scandals that led to the FBI investigating a Utah attorney general and lieutenant governor, the Legislature passed a bill establishing an ethics committee to review complaints against the state’s executive branch. But for nearly two years, the Executive Ethics Committee operated with fewer than half its legally required members and has limited public avenues to file a grievance against Utah’s top officials.

Washington – Seattle Ethics Committee Restricts Collection of Democracy Vouchers
Real Change – Guy Oron | Published: 1/11/2023

The Seattle Ethics and Elections Commission amended the city’s democracy voucher program, limiting the ability of paid campaign staffers to collect vouchers, a move campaigns say could reduce the impact of the system. The program allocates four $25 vouchers to eligible Seattle residents who can donate them to candidates. Previously, staff could collect replacement forms from potential donors. That made it easy for supporters to give their vouchers immediately to a campaign. Now, supporters must turn in a replacement form to a volunteer or to the city directly, either by mail or online.

Washington – Sutherland to Pay $2.5K to Settle Ethics Violation Complaint
Everett Herald – Jerry Cornfield | Published: 1/6/2023

State Rep. Robert Sutherland will pay $2,500 to settle a complaint alleging he violated Washington’s ethics law when he berated and swore at a House security official and then bragged about it at a political rally hours later on the Capitol campus. Sutherland and Sean Hartsock, the chamber’s director of security, became embroiled in a heated exchange when the lawmaker sought access to a building he had been barred from entering because he had not taken a required COVID test.

West Virginia – W.Va. Journalist Let Go After Reporting on Abuse Allegations
Yahoo News – Leah Willingham (Associated Press) | Published: 1/7/2023

West Virginia Public Broadcasting (WVPB) reporter Amelia Ferrell Knisely said she was told to stop reporting on the Department of Health and Human Resources after leaders of the agency “threatened to discredit” the network. She then learned her position was being eliminated. Knisely had reported about alleged abuse of people with disabilities within the state agency. She said her news director told her the order came from WVPB Executive Director Butch Antolini, former communications director for Gov. Jim Justice. The governor has tried to eliminate funding for WVPB and was accused of appointing partisan operatives to its board.

January 10, 2023 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance National: “Watchdog Group Asks FEC to Investigate Embattled New York Rep. George Santos’ Campaign Finances” by Fredreka Schouten (CNN) for MSN Alaska: “Wasilla Lawmaker Advised Not to Solicit Campaign Funds for Oath Keepers Trial Costs” by Sean Maguire […]

October 14, 2022 • Written by Jim Sedor

News You Can Use Digest – October 14, 2022

National/Federal A Congressional Campaign Committee Just Reimbursed a Dead Lawmaker for Travel Mileage Yahoo Finance – Madison Hall (Business Insider) | Published: 10/12/2022 The campaign committee of a deceased member of Congress reimbursed him for travel mileage months after he died. […]

National/Federal

A Congressional Campaign Committee Just Reimbursed a Dead Lawmaker for Travel Mileage
Yahoo Finance – Madison Hall (Business Insider) | Published: 10/12/2022

The campaign committee of a deceased member of Congress reimbursed him for travel mileage months after he died. The Friends of Hagedorn campaign committee refunded Rep. Jim Hagedorn more than $1,100 for “mileage” on September 20. Hagedorn, however, died in February. FEC guidance notes congressional campaign funds can be used to refund travel costs incurred by a lawmaker, as well as their spouse and children, as long as it is “directly connected to the officeholder’s official responsibilities.

A Majority of GOP Nominees – 299 in All – Deny the 2020 Election Results
MSN – Amy Gardner (Washington Post) | Published: 10/6/2022

A majority of Republican nominees on the ballot this November for the U.S. House and Senate, and key statewide offices have denied or questioned the outcome of the last presidential election, according to a Washington Post analysis. Candidates who have challenged or refused to accept Joe Biden’s victory are running in every region of the country and in nearly every state. Republican voters in four states nominated election deniers in all federal and statewide races. Most of the election deniers are likely to win. Of the nearly 300 on the ballot, 174 are running for safely GOP seats; another 51 will appear on the ballot in tightly contested races.

First Proud Boys Leader Pleads Guilty to Jan. 6 Seditious Conspiracy
MSN – Spencer Hsu (Washington Post) | Published: 10/6/2022

A former Proud Boys leader became the group’s first member to plead guilty to seditious conspiracy in the Capitol riot, deepening the government’s case against an organization accused of mobilizing violence to prevent the inauguration of Joe Biden. Jeremy Bertino becomes a potential key witness against five Proud Boys leaders, some of whom had ties to influential supporters of Donald Trump. The Proud Boys defendants are set to face trial in December on charges including plotting to oppose by force the presidential transition.

Government Officials Invest in Companies Their Agencies Oversee
Fox Business – Rebecca Ballhaus, Brody Mullins, Chad Day, Joe Palazzolo, and James Grimaldi (Wall Street Journal) | Published: 10/11/2022

Thousands of officials across the government’s executive branch reported owning or trading stocks that stood to rise or fall with decisions their agencies made, a Wall Street Journal investigation found. More than 2,600 officials at agencies from the Commerce Department to the Treasury Department, during both Republican and Democratic administrations, disclosed stock investments in companies while those same firm were lobbying their agencies for favorable policies. That amounts to more than one in five senior federal employees across 50 federal agencies reviewed by The Journal.

How Trump’s Legal Expenses Consumed GOP Donor Money
MSN – Isaac Arnsdorf and Josh Dawsey (Washington Post) | Published: 10/11/2022

Donald Trump’s political operation has spent more money since he left office on lawyers representing the former president and a pair of nonprofits staffed by former Cabinet members than it has on Republican congressional campaigns. Legal fees are expected to climb, Trump advisers say, as he employs a growing retinue of lawyers to fend off federal, state, and county-level investigations. State-level Republicans have also used party resources to defray legal costs related to Trump’s attempts to stay in power.

Judge Dismisses DOJ Bid to Force Wynn to Register as Foreign Agent
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/12/2022

A federal judge dismissed a Department of Justice (DOJ) effort to force casino magnate Steve Wynn to acknowledge a stint as an agent of the Chinese government. U.S. District Court Judge James Boasberg expressed reservations about his own ruling but suggested that long-standing appeals court precedent bars the DOJ from requiring foreign agents to retroactively register once they are no longer performing that work. If the ruling stands, it could deal a blow to the effort to crack down on undisclosed foreign influence campaigns in the U.S.

Justice Dept. Asks Supreme Court to Deny Trump Request in Mar-a-Lago Case
MSN – Perry Stein and Robert Barnes (Washington Post) | Published: 10/11/2022

The Justice Department asked the U.S. Supreme Court to deny a petition from Donald Trump’s attorneys in the Mar-a-Lago search case, arguing that allowing an outside arbiter to review the classified documents seized from Trump’s residence would “irreparably injure” the government and as a former president, Trump has no “plausible” claims of ownership over sensitive government materials. It is the latest turn in the department’s high-stakes investigation to determine whether the former president or his advisers mishandled national security secrets or hid or destroyed government records.

Leonard Leo Pushed the Courts Right. Now He’s Aiming at American Society.
Seattle Times – Kenneth Vogel (New York Times) | Published: 10/12/2022

Activist Leonard Leo is best known for his role in pushing the appointments of conservative judges to the center of the Republican Party’s agenda. Now, he has developed a coalition that aims to transform American society. Most of the initiatives were supported by a network shaped by Leo and funded by wealthy patrons, usually through “dark money.” An investigation reveals new details of how he has built that network into one of the most sophisticated operations in U.S. politics, giving him influence as he pushes a broad array of conservative causes and seeks to counter what he sees as an increasing leftward tilt in society.

Misinformation Swirls in Non-English Languages Ahead of Midterms
Yahoo News – Tiffany Hsu (New York Times) | Published: 10/12/2022

Unsubstantiated rumors and outright falsehoods spread widely in immigrant communities ahead of the presidential election in 2020. That is happening again in the run-up to this year’s midterm elections, researchers say, but with an insidious twist. The social media accounts pushing misinformation are now targeting audiences in more languages on more topics and across more digital platforms. Multilingual fact checkers say they cannot keep pace with the deluge of falsehoods online. They have called on the big social media platforms, like Facebook and YouTube, to do more for efforts in other languages as they would for misinformation in English.

She Went Out on a Limb for Trump. Now She’s Under Justice Dept. Scrutiny.
Seattle Times – Glenn Thrush, Maggie Haberman, and Michael Schmidt (New York Times) | Published: 10/11/2022

This spring, one of the lawyers representing former President Trump made a request to Christina Bobb, who had just jumped from a Trump-allied cable network to a job in his political organization. M. Evan Corcoran asked Bobb to sign a statement that the Trump legal team had conducted a “diligent search” of Mar-a-Lago and found only a few files that had not been returned to the government. She later complained she did not have a full grasp of what was going on around her when she signed. Her sworn statement was shown to be false. Bobb’s trajectory is a familiar one in Trump’s orbit: a marginal player thrust into a position where her profile is elevated, but at the cost of serious legal and reputational risk.

Steele Dossier Source Heads to Trial, in Possible Last Stand for Durham
MSN – Salvadore Rizzo and Devlin Barrett (Washington Post) | Published: 10/10/2022

Former President Trump said special counsel John Durham’s investigation into the origins of the FBI’s 2016 Russia probe should “reveal corruption at a level never seen before in our country.” But the nearly three-and-a-half-year examination seems destined for a less dramatic conclusion as Durham put Igor Danchenko on trial. He was indicted on charges of lying to FBI agents who interviewed him about the sources behind his claims to former British spy Christopher Steele. Defense attorneys argue Danchenko made a series of “equivocal” statements to the FBI and should not be penalized for giving wishy-washy answers to vaguely worded questions.

Top House Staffers Are Still Overwhelmingly White, Study Finds
Roll Call – Jim Saska | Published: 10/6/2022

The senior aides who hold the most sway with members of Congress have grown more diverse in recent years, but still not nearly as diverse as the nation. A new study by the Joint Center for Political and Economic Studies finds people of color now occupy 18 percent of the top staff positions in the House, a four-point increase since 2018, but still much lower than the 40 percent of Americans who are not white. People of color have more representation among the actual representatives than their closest aides, the report finds.

Trump Worker Told FBI About Moving Mar-a-Lago Boxes on Ex-President’s Orders
MSN – Devlin Barrett and Josh Dawsey (Washington Post) | Published: 10/12/2022

A Trump employee told federal agents about moving boxes of documents at Mar-a-Lago at the specific direction of the former president, according to people familiar with the investigation, who say the witness account, combined with security-camera footage, offers key evidence of Donald Trump’s behavior as investigators sought the return of classified material. The witness description and footage offer the most direct account to date of Trump’s actions and instructions leading up to the FBI’s search, in which agents were looking for evidence of potential crimes including obstruction, destruction of government records, or mishandling classified information.

Why Little-Noticed State Legislative Races Could Be Hugely Consequential
Yahoo News – Nick Corasaniti (New York Times) | Published: 10/10/2022

With Congress often deadlocked and conservatives dominating the U.S. Supreme Court, state governments increasingly steer the direction of voting laws, abortion access, education, and other issues dominating the lives of Americans. The Supreme Court could soon add federal elections to that list. The justices are expected to decide whether to grant nearly unfettered authority over such elections to state Legislatures. If the court does so, many Democrats believe, lawmakers could have a pathway to overrule the popular vote in presidential elections by refusing to certify the results and instead sending their own slates of electors.

From the States and Municipalities

Alaska – APOC Says Dunleavy Backers Won’t Respond to Investigation Without Subpoena
Alaska Public Media – Lisa Phu (Alaska Beacon) | Published: 10/11/2022

In an investigation into alleged violations of campaign finance laws, an independent expenditure group supporting Alaska Gov. Mike Dunleavy’s reelection has refused to respond to requests for information. A complaint says the Republican Governors Association and Dunleavy are “engaged in a scheme” to subsidize and coordinate the campaign activities of the independent expenditure group A Stronger Alaska with those of Dunleavy’s official campaign committee. Coordination between a candidate or a candidate’s representatives and an independent expenditure group is prohibited.

California – Grand Jury Accuses Santa Clara City Council Members of Putting 49ers Ahead of City
MSN – Marisa Kendall (San Jose Mercury News) | Published: 10/7/2022

A grand jury report accuses several Santa Clara City Council members of getting too cozy with the San Francisco 49ers, neglecting their duties to constituents, and potentially violating state law. The report raises a series of concerns about the conduct of five council members who frequently vote in favor of the NFL team’s interests. Frequent closed-door meetings between 49ers lobbyists and those council members raised a “serious question” about whether they are violating state open-meeting laws, according to the report. The report also takes issue with some of the council members’ personal use of the stadium, among other issues.

California – Jose Huizar’s Brother to Testify in Federal Corruption Trial of Former L.A. Councilman After Pleading Guilty
Yahoo News – Nathan Solis (Los Angeles Times) | Published: 10/12/2022

The older brother of Jose Huizar admitted to lying to FBI agents about receiving envelopes of cash from Huizar and will cooperate with the federal government’s corruption investigation of the former Los Angeles City Council member. Jose Huizar gave his older brother, Salvador, envelopes of cash and asked him to write a check for the exact amount out of his own bank account, federal investigators said. Salvador Huizar admitting to repeatedly lying about the cash, including while under oath before a grand jury and as recently as two weeks ago when he was interviewed again by FBI agents.

California – Nury Martinez Resigns from L.A. City Council in Wake of Audio Leak Scandal
Yahoo News – David Zahniser, Julia Wick, Dakota Smith, and Benjamin Oreskes (Los Angeles Times) | Published: 10/12/2022

Nury Martinez, the Los Angeles City Council member at the center of the scandal over a taped conversation in which she made racist comments about colleagues and constituents, has resigned. The Los Angeles Times published a recording in which Martinez is heard making the remarks while talking with fellow council members Kevin de León and Gil Cedillo and labor leader Ron Herrera about how the city’s council district boundaries should be redrawn. The October 2021 conversation focused on how the group could maintain Latino political power while ensuring they and their colleagues would have districts that help them win reelection.

California – San Francisco Election Watchdog Boss Set to Resign
San Francisco Standard – Alex Mullany | Published: 10/12/2022

LeeAnn Pelham, executive director of the San Francisco Ethics Commission since January 2016, will resign on January 23, 2023. Over the years, the commission has been slow to handle complaints and been criticized for using the city attorney’s office as counsel rather than having its own independent attorneys. Yet, Pelham was able to hire more staff and modernize many of the commission’s systems. “I would say that LeeAnn Pelham substantially increased the reach of the commission in terms of accomplishing its mission,” commission member Larry Bush said.

Colorado – Adams County Must Pay Legal Fees of the Treasurer It Sued, Colorado Supreme Court Orders
MSN – John Aguilar (Denver Post) | Published: 10/10/2022

The Colorado Supreme Court ordered Adams County to pay the legal expenses of its elected treasurer, who it sued over allegations she mismanaged her office. The state’s high court called Adams County’s failure to cover Lisa Culpepper’s costs of defending herself against the county’s lawsuit an “abuse of discretion.” Culpepper would normally be represented by the county attorney’s office in legal matters. But because that same office was representing the county commissioners suing her meant Culpepper had to obtain outside counsel.

Colorado – Political Group Agrees to Pay Fine Over Primary Voter Guide That Failed to Disclose Information
Colorado Springs Gazette – Marianne Goodland (Colorado Politics) | Published: 10/11/2022

ProgressNow Colorado agreed to pay a fine of $16,277 for a primary “voter guide” that failed to fully disclose required information. It was the third complaint over ProgressNow’s voter guides in the past 18 months and the second that the organization has settled with the Elections Division. The first complaint, in 2021, resulted in a $3,000 fine.

Florida – DeSantis Broke Florida Precedent and Maybe the Law, Too, in Making Congressional Map
Yahoo News – Joshua Kaplan (ProPublica) | Published: 10/11/2022

An examination of how Florida’s congressional districts were drawn, and who helped decide the new boundaries, show Gov. Ron DeSantis’s administration appears to have misled the public and the Legislature and may also have violated state law. Gubernatorial aides worked behind the scenes with an attorney who serves as the national Republican Party’s top redistricting lawyer and other consultants tied to the national party apparatus. The Florida Constitution was amended in 2010 to prohibit partisan-driven redistricting, a landmark effort in the growing movement to end gerrymandering.

Florida – Ethics Panel Finds ‘Probable Cause’ That Miami Commissioner Abused Power with City Car
MSN – Joey Fletchas (Miami Herald) | Published: 10/12/2022

The Miami-Dade County Commission on Ethics and Public Trust agreed to charge Miami City Commissioner Alex Díaz de la Portilla with violating county ethics law and exploiting his official position after a friend who did not work for the city used a city car to pick up alcohol for the commissioner, drop off his dry cleaning, and drive him to a property his family owns. The friend, Jenny Nillo, worked for the Omni Community Redevelopment Agency, and should not have had access to the car, according to city policy.

Georgia – Common Cause Georgia Sues FEC Over Dismissed Complaint That Conservative Nonprofit Broke Finance Rules
Georgia Recorder – Stanley Dunlap | Published: 10/11/2022

Common Cause Georgia is suing the FEC for dismissing a complaint alleging conservative election-monitoring organization True the Vote illegally contributed to the Georgia Republican Party during the January 2021 runoffs for two U.S. Senate seats. The lawsuit accuses three Republican commissioners of failing to enforce federal campaign finance law when they went against the agency’s general counsel’s recommendation to open an investigation into the relationship between the Texas-based nonprofit and the Georgia GOP.

Georgia – GOP Crisis in Herschel Walker Race Was Nearly Two Years in the Making
MSN – Isaac Arnsdorf, Ashley Parker, Michael Scherer, and Josh Dawsey (Washington Post) | Published: 10/6/2022

In early 2021, as football star Herschel Walker considered running for the U.S. Senate, he approached some of Georgia’s top Republican operatives about advising his campaign. The operatives were warned about political vulnerabilities in Walker’s past that were openly discussed in the state’s political circles. Walker’s overwhelming name recognition and backing from former President Trump made him so formidable that state and national Republican leaders did not mount a serious challenge in the primary. Now, they are stuck with him as those liabilities threaten to dominate the news and derail his campaign.

Illinois – City Council Debate Over Private Booting Shines Light on Ways Clout and Campaign Cash Work in Chicago
WTTW – Heather Cherone | Published: 10/10/2022

Faced with a surge of criticism at City Hall, Innovative Parking Solutions owner Michael Denigris did what Chicago business owners have done for decades – he hired an influential lobbyist and poured tens of thousands of dollars into lawmakers’ campaign accounts. But it is not clear whether that expensive and time-consuming effort, which illuminates how wealthy interests get their issues in front of the city council, will pay off for Denigris and his firm.

Iowa – Iowa Board Requires ‘Paid for By’ Statements on Some Political Texts
Bleeding Heartland – Laura Bellin | Published: 9/28/2022

The Iowa Ethics and Campaign Disclosure Board said some political text messages are subject to the state law requiring disclosure of who is responsible for express campaign advocacy. Board Executive Director Zach Goodrich drafted the advisory to clarify when text messages can be considered “electronic general public political advertising.” He decided to address the issue after a mass texting campaign from an undisclosed source reached Kansas voters shortly before a constitutional referendum in August.

Maryland – Allegations Against Vice Chair Deepen Montgomery Planning Board Controversy
MSN – Daniel Wu (Washington Post) | Published: 10/11/2022

An investigation into Montgomery County Planning Board Chairperson Casey Anderson’s conduct has expanded to include the actions of Vice Chair Partap Verma and the abrupt firing of Planning Department Director Gwen Wright. A complaint sent to the county council levied new accusations against Verma, who already had been publicly reprimanded alongside Casey and fellow board member Carol Rubin, deepening concerns about the planning agency’s governance and rattling employees as a council vote looms on a long-term growth plan.

Missouri – St. Louis County Ethics Committee Stonewalled on Marijuana Questions
St. Louis Post-Dispatch – Joe Holleman | Published: 10/10/2022

The majority of the main players involved in a conflict-of-interest probe of St. Louis County Councilperson Lisa Clancy continue to give the silent treatment to the council’s ethics committee. Of five people involved in 2019 with Clancy and the county’s zoning laws for medical marijuana industry, all of whom refused to attend a committee meeting on September 6, only one has responded to written questions the committee sent out recently. The committee asked for a response by October 5.

Montana – GOP House Candidate Paid Vendors with Bad Checks and Misreported Debts
Montana Free Press – Arren Kimbel-Sannit | Published: 10/7/2022

Montana Commissioner of Political Practices Jeff Mangan found a state House candidate tried to pay vendors with bad checks and misreported accrued debts as expenditures, referring the matter to the Lewis and Clark County attorney for possible prosecution. Alden Tonkay misreported a minimum of $2,264 in debts, Mangan found. Those debts stemmed from non-payment to sign-making and catering companies. Tonkay repeatedly said he would send a response to the complaint as well as a full accounting of his campaign finances, but never delivered, according to Mangan’s decision.

Montana – How Montana’s New Election Laws Failed Legal Muster
Montana Free Press – Alex Sakariassen | Published: 10/6/2022

Three new laws that changed how Montanans can vote and access the polls were declared unconstitutional. People will once again be able to register to vote on Election Day, use student IDs and voter registration cards as primary identification at the polls, and accept payment for collecting ballots on behalf of voters unable to return them themselves. A spokesperson was noncommittal on whether Secretary of State Christi Jacobsen would appeal the decision to the Montana Supreme Court.

Nevada – How a Las Vegas Newsroom Set Out to Solve a Colleague’s Killing
MSN – Sarah Ellison (Washington Post) | Published: 10/6/2022

Executive Editor Glenn Cook sent an email to staff members at The Las Vegas Journal-Review on September 3, informing them that their colleague, Jeff German, had been found dead outside his home. Over four days of relentless reporting, Review-Journal staff would essentially solve the case, delving into German’s old stories and doing their own on-the-ground detective work to identify a surprising suspect, who is now behind bars, facing murder charges.

New Hampshire – In Time of Distrust, How One State Is Trying to Boost Voter Confidence
MSN – Joanna Slater (Washington Post) | Published: 10/10/2022

Since May, the New Hampshire Special Committee on Voter Confidence has traveled the length of the state holding public hearings that are part civics roadshow, part airing of grievances. They have come together for an unusual experiment aimed at bolstering faith in American democracy. The committee’s stated goal is to identify the causes of the decline in voter confidence and recommend ways to reverse it. Left unstated is the unprecedented nature of the current moment, where former President Trump and Republican candidates continue to deny the outcome of the 2020 election.

New Mexico – Vote to Amend Legislature’s Internal Investigative Procedure Fails
Santa Fe New Mexican – Robert Knott | Published: 10/11/2022

A body of lawmakers charged with administering legislative policies and procedures in the New Mexico Legislature deadlocked on a proposal to add a fifth and tiebreaking member to a pair of interim ethics committees, in effect killing the proposal and leaving the Legislature’s embattled internal investigation process unchanged. Calls for reform to the harassment policies and investigation of complaints have grown louder in the wake of accusations by lobbyist Marianna Anaya and others against Sen. Daniel Ivey-Soto.

New York – Hochul Raises Massive Sum in Final State Election Before New Campaign Finance System Kick In
Gothamist – Ethan Geringer-Sameth | Published: 10/12/2022

Since Kathy Hochul became governor of New York in August 2021, 47 people have given the maximum amount, $69,700, directly to her campaign. In total, Hochul’s campaign has brought in $46 million in her first 14 months in office. That massive sum will not be as easy to accumulate in future elections thanks to a new state campaign finance system that will lower individual contribution limits and establish a small-dollar public matching program for state-level offices. The new system goes into effect immediately after Election Day this year for the next election cycles and will apply to statewide offices.

New York – New State Ethics Watchdog Agrees to Chew on Old Cases
Albany Times Union – Chris Bragg | Published: 10/6/2022

New York’s ethics and lobbying commission is rolling over all pending investigations inherited from its predecessor, a move that increases the odds those inquiries will reach conclusions. As of September 23, the new ethics body had 32 “open investigations” in motion, including that of former Gov. Andrew Cuomo, had been scheduled to face a hearing over whether he violated the law by using state employees to assist in the production of his lucrative memoir of the Covid-19 pandemic.

New York – New York Lobbyists Hold Sway in Spite of Shake-Ups, Scandals
Poli-Ticks – Rebekah Ward (Albany Times Union) | Published: 10/7/2022

Lobbyists in New York often are key in passing or defeating legislation. Many are veteran lawmakers themselves or had prior jobs, including as agency leaders or legal counsel for top elected officials, that provide them connections and insight into the government’s inner workings, which enable them to shape political outcomes for their clients. They are a constant presence in Albany, customizing pitches to assuage the differing concerns of key officials, strategically framing stories to steer media attention, and using the hectic legislative calendar to their advantage.

Ohio – Ohio Is About to Hold Elections for Unconstitutional Congressional and Legislative Districts. Here’s How It Happened
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 10/9/2022

Ohio’s congressional and state legislative districts have twice been ruled unconstitutional by the state Supreme Court, but one of those maps will be in place for the November elections. It is the result of a previously untested state redistricting process, a months-long fight between Republican leaders and the Ohio Supreme Court, and a federal court finally intervening and picking one of the redistricting plans to use just for the 2022 election. So, despite voters approving two state constitutional amendments to end gerrymandering, the congressional and legislative lines have again been drawn in a way that gives Republicans a clear advantage.

Ohio – Steve Dackin, One-Time Ohio Schools Superintendent, Signs Settlement Agreement for Ethics Violations, Avoids Criminal Prosecution
MSN – Laura Hancock (Cleveland Plain Dealer) | Published: 10/7/2022

Steve Dackin, who spent 11 days as the state superintendent of public instruction before resigning amid an ethics investigation, signed a settlement with the Ohio Ethics Commission. The commission will not refer its investigation to any public prosecutor. Dackin will be required to attend three hours of ethics training and agreed to not apply for the state superintendent job again until February 26, 2023. Dackin had access to the applications for the job as the committee conducted its search. Days before the application period ended, Dackin resigned from the Ohio State Board of Education and submitted his own application for the job.

Tennessee – Kelsey Co-Defendant Smith to Plead Guilty in Federal Campaign Finance Case
Tennessee Lookout – Sam Stockard | Published: 10/11/2022

The co-defendant in a federal campaign finance case against Tennessee Sen. Brian Kelsey is set to plead guilty to one charge of funneling “soft money” to the senator’s congressional campaign six years ago. Federal prosecutors claim Kelsey and Josh Smith, the owner of The Standard Club in Nashville, conspired with others to illegally shift a total of more than $80,000 from his state account to buy ads that supported his federal race. Prosecutors say Kelsey gave Smith a check for more than $106,000 in July 2016 during a gathering at The Standard to be transferred from his campaign account to the restaurant’s PAC.

Washington – Judge: Facebook intentionally violated WA campaign finance law 822 times
Seattle Times – David Gutman | Published: 10/6/2022

A judge ruled Facebook’s parent company Meta intentionally violated Washington’s campaign finance law 822 times, which may subject the company to millions of dollars in fines. The law requires advertisers to make information about political ads run in Washington that appear on their platforms available for public inspection. The judge said the violations were intentional because of the company’s history of failure to comply with the law, its extensive experience with campaign finance law, and its “lack of good faith and failure to acknowledge and take responsibility for its violations.”

October 12, 2022 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “How Trump’s Legal Expenses Consumed GOP Donor Money” by Isaac Arnsdorf and Josh Dawsey (Washington Post) for MSN Tennessee: “Kelsey Co-Defendant Smith to Plead Guilty in Federal Campaign Finance Case” by Sam Stockard for Tennessee Lookout Elections […]

October 11, 2022 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance Montana: “GOP House Candidate Paid Vendors with Bad Checks and Misreported Debts” by Arren Kimbel-Sannit for Montana Free Press Elections National: “Why Little-Noticed State Legislative Races Could Be Hugely Consequential” by Nick Corasaniti (New York Times) for Yahoo […]

October 7, 2022 • Written by Jim Sedor

News You Can Use Digest – October 7, 2022

National/Federal DataVault Requests US Election Agency’s Advice to Send NFTs as a Campaign Fundraising Incentive Cointelegraph – Turner Wright | Published: 10/4/2022 The legal team behind nonfungible token (NFT) firm DataVault Holdings requested an advisory opinion from the FEC on using […]

National/Federal

DataVault Requests US Election Agency’s Advice to Send NFTs as a Campaign Fundraising Incentive
Cointelegraph – Turner Wright | Published: 10/4/2022

The legal team behind nonfungible token (NFT) firm DataVault Holdings requested an advisory opinion from the FEC on using NFTs for campaign fundraising efforts. DataVault’s lawyers proposed sending NFTs as “souvenirs” to individuals who donated to political committees, as well as giving the token holder the option to use it for promoting a campaign “strictly on a volunteer basis and without any compensation.” The firm requested the FEC provide guidance on how it may operate as a commercial vendor, issuing the tokens to political committee members seemingly without violating federal campaign finance laws.

Election Officials Confront a New Problem: Whether they can trust their own poll workers
Yahoo News – Zach Montellaro (Politico) | Published: 10/4/2022

Election officials are growing concerned about a new danger in November: that groups looking to undermine election results will try to install their supporters as poll workers. The frontline election workers do everything from checking people in at voting locations to helping process mail ballots. Now, some prominent incidents involving poll workers have worried election officials that a bigger wave of trouble could be on the horizon.

In Trump White House, Classified Records Routinely Mishandled, Aides Say
MSN – Shane Harris, Josh Dawsey, Ellen Nakashima, and Jacqueline Alemany (Washington Post) | Published: 10/4/2022

Aides who worked in Donald Trump’s White House were not surprised when the FBI found highly classified material in boxes at Mar-a-Lago mixed with news clippings and other items. During his four years in office, Trump never strictly followed the rules and customs for handling sensitive government documents, according to 14 officials from his administration. What those ex-Trump aides and advisers saw in an inventory of items recovered by the FBI in August – classified documents in boxes, stored alongside newspaper and magazine articles, books, and gifts – looked to them like the idiosyncratic filing system Trump used in the White House.

Justices Shield Spouses’ Work from Potential Conflict of Interest Disclosures
Yahoo News – Hailey Fuchs, Josh Gerstein, and Peter Canellos (Politico) | Published: 9/29/2022

Over the past year, Virginia Thomas has gotten attention for operating a consulting business that reportedly includes conservative activist groups with interest in U.S. Supreme Court decisions as clients. Her husband, Justice Clarence Thomas, has chosen not to reveal any of his wife’s clients, let alone how much they contributed to the Thomas family coffers, dating back to when her consulting business was founded. A Politico investigation shows potential conflicts involving justices’ spouses extend beyond the Thomas family.

Lawmakers Confront a Rise in Threats and Intimidation, and Fear Worse
MSN – Stephanie Lai, Luke Broadwater, and Carl Hulse (New York Times) | Published: 10/1/2022

Members of Congress in both parties are experiencing a surge in threats and confrontations as a rise in violent political speech has increasingly crossed over into the realm of in-person intimidation and physical altercation. In the months since the attack on the U.S. Capitol, which brought lawmakers and the vice president within feet of rioters threatening their lives, Republicans and Democrats have faced stalking, armed visits to their homes, vandalism, and assaults. It is part of a trend that many fear is only intensifying as lawmakers scatter to campaign and meet with voters around the country ahead of midterm congressional elections.

Politics Are Becoming Tougher to Avoid at Work, Survey Finds
MSN – Taylor Telford (Washington Post) | Published: 10/5/2022

Escalating political tensions in the workplace are creating problems for organizations as midterm elections draw nearer, a new survey found. About 26 percent said they have personally experienced differential treatment (positive and negative) because of their political views or affiliation, according to the Society for Human Resource Management (SHRM). Corporations are under pressure from employees and consumers to weigh in on political issues. But the rise of politics in the workplace has consequences for polarization across the country, said Johnny C. Taylor Jr., SHRM’s chief executive.

Pro-DeSantis Hybrid PAC to File Lawsuit Challenging Unfavorable FEC Ruling
OpenSecrets – Taylor Giorno | Published: 10/3/2022

The political committee Ready for Ron asked the FEC for permission to share a list of supporters and their contact information with Florida Gov. Ron DeSantis to encourage him to run for president in 2024. The FEC ruled that Ready for Ron cannot share the list if DeSantis becomes a federal candidate or begins “testing the waters” for federal office, as the value would exceed the federal campaign contribution limit. The commission deadlocked on whether Ready for Ron could share the list if DeSantis is not testing the waters or running for federal office. The PAC plans to fille a lawsuit challenging the FEC’s decision.

Supreme Court to Scrutinize U.S. Protections for Social Media
MSN – Andrew Chung (Reuters) | Published: 10/3/2022

The U.S. Supreme Court will hear a challenge to federal protections for internet and social media companies freeing them of responsibility for content posted by users. The Ninth U.S. Circuit Court of Appeals dismissed the lawsuit, relying on as Section 230 of the Communications Decency Act of 1996. It protects “interactive computer services” by ensuring they cannot be treated as the “publisher or speaker” of any information provided by other users. Democrats have faulted it for giving social media companies a pass for spreading hate speech and misinformation. Republicans painted it as a tool for censorship of voices on the right.

The Onion Files Supreme Court Amicus Brief Defending the Right to Parody
MSN – Rachel Pannett (Washington Post) | Published: 10/4/2022

A man who was arrested over a Facebook parody aimed at his local police department is trying to take his case to the U.S. Supreme Court. The satirical website The Onion filed an amicus brief in support of Anthony Novak. A jury found him not guilty, and he is trying to sue the city for damages. A federal judge dismissed the lawsuit, saying the police had qualified immunity, and an appeals court upheld that decision. “Americans can be put in jail for poking fun at the government?” the brief asked. “This was a surprise to America’s Finest News Source and an uncomfortable learning experience for its editorial team.”

Trump Asks Supreme Court to Intervene in Mar-a-Lago Search Case
MSN – Devlin Barrett and Robert Barnes (Washington Post) | Published: 10/4/2022

Former President Trump’s lawyers asked the Supreme Court to intervene in the Mar-a-Lago documents-seizure case, saying the special master appointed in the matter should be allowed to review the classified papers. A three-judge panel of the U.S. Court of Appeals for the 11th Circuit granted the Justice Department’s request to keep about 100 classified documents separate from a review of documents being conducted by a court-appointed legal expert, called a special master. The department has launched a probe to determine if Trump or his advisers mishandled national security secrets or hid or destroyed government records.

U.S.: Oath Keepers, Rhodes attacked ‘bedrock of democracy’ on Jan. 6
MSN – Spencer Hsu, Rachel Weiner, and Tom Jackman (Washington Post) | Published: 10/3/2022

Members of the extremist group Oath Keepers led by Stewart Rhodes planned for an armed rebellion “to shatter a bedrock of American democracy” – the peaceful transfer of presidential power – culminating in their role in the attack on the U.S. Capitol, a prosecutor said in the first seditious conspiracy trial of the January 6 investigation. Rhodes’ defense attorney Philip Linder said Oath Keepers came to Washington as “peacekeeping” security guards, believing then-President Trump could invoke the Insurrection Act to mobilize private militias, put down riots, and remain in power.

From the States and Municipalities

Alabama – Supreme Court Debates Alabama’s Refusal of Second Black Voting District
MSN – Robert Barnes (Washington Post) | Published: 10/4/2022

The U.S. Supreme Court’s liberal justices combined for an aggressive and unified defense against Alabama’s efforts to limit creation of voting districts in which minorities have the ability to elect candidates of their choice. The case is another major test of the Voting Rights Act, which the court’s conservative majority has diluted in recent years. At the end of oral arguments, it appeared a majority of the court might not embrace Alabama’s request for a broad reinterpretation of how the law is enforced, and that a narrower compromise was a possibility.

Arkansas – Missouri Health Executives Plead Guilty in Widespread Fraud
Stamford Advocate – Associated Press | Published: 9/29/2022

Two former executives of a Missouri health nonprofit pleaded guilty to their roles in a corruption scheme that ensnared several Arkansas elected officials and lobbyists, federal prosecutors said. Bontiea Goss and her husband, Tommy Goss, were executives at Preferred Family Healthcare, which provided services such as substance abuse treatments and counseling to people in Missouri, Arkansas, Kansas, Oklahoma, and Illinois. Federal prosecutors said the Gosses and other co-conspirators paid bribes and kickbacks to Arkansas lawmakers to obtain favorable legislation and other official actions that helped the nonprofit.

California – A Cannabis Bribe and Arson: Former Adelanto councilman sentenced to federal prison
MSN – Gregory Yee (Los Angeles Times) | Published: 10/3/2022

Former Adelanto City Councilperson Jermaine Wright was convicted of taking a $10,000 bribe to help open a cannabis business and hiring someone to burn down his restaurant for an insurance payout. He was sentenced to five years in federal prison. Wright told an informant the money had to go to a nonprofit set up to conceal their scheme and he would put the informant on the nonprofit’s board so they could receive the money as well, a pre-sentencing report said.

California – New State Law Could Curb Pay to Play Politics in Orange County & California
Voice of OC – Spencer Custodio | Published: 10/3/2022

Gov. Gavin Newsom signed legislation that bars local elected officials voting on items benefitting contributors who donated more than $250 within the past 12 months. Elected officials could return the campaign donations within 14 days of finding out about the contribution, which would allow them to vote on the item. In Orange County, an FBI corruption investigation into Anaheim City Hall that touches on Disneyland resort area interests has put a renewed focus on campaign finance, spurring calls of campaign finance reform.

Florida – The Story Behind DeSanti’s Migrant Flights to Martha’s Vineyard
Yahoo News – Edgar Sandoval, Miriam Jordan, Patricia Mazzei, and J. David Goodman (New York Times) | Published: 10/2/2022

Gov. Ron DeSantis signed a budget that set aside $12 million to create a program for transporting unauthorized migrants out of Florida. He touted it as the highlight of the state’s new spending when it came to immigration. But just three months later, the money was being used to round up Venezuelan asylum seekers on the streets of San Antonio and shipping them on private planes to Massachusetts. Details have begun to emerge of the clandestine mission. In the middle of it all was a woman with a background in military counterintelligence who investigators believe was sent to Texas from Tampa to fill the planes.

Georgia – Federal Judge Upholds Georgia Election Law in Challenge Brought by Abrams
MSN – Matthew Brown (Washington Post) | Published: 10/1/2022

A federal judge upheld Georgia’s election laws in a blow to Fair Fight Action, the voting rights group founded by Stacey Abrams, who also is the state’s Democratic gubernatorial nominee. Abrams’ group filed a lawsuit against the Georgia’s secretary of state soon after her 2018 election defeat, arguing the state’s absentee ballot policies, which require an “exact match” for names and addresses between voters’ IDs and voter registration records, represented “gross mismanagement” of the state’s election systems that violated Georgia voters’ constitutional rights.

Georgia – Georgia DA: GOP bankrolling lawyers for ‘fake’ Trump electors ‘rife with serious ethical problems’
Yahoo News – Michael Isikoff and Daniel Klaidman | Published: 10/4/2022

The Georgia Republican Party is bankrolling the legal defense of most of the so-called fake electors in the state as part of a controversial arrangement that Fulton County District Attorney Fani Willis charges in a new court filing is “rife with serious ethical problems” and “actual conflicts-of-interest.” Wills has launched a sprawling probe into Donald Trump’s efforts to overturn the 2020 presidential election in Georgia. Willis escalated the legal battle over the issue when she moved to disqualify the two lawyers being paid by the state GOP.

Georgia – Herschel Walker Paid for Girlfriend’s Abortion, Report Says
MSN – Bill Barrow (Associated Press) | Published: 10/3/2022

Herschel Walker, who has vehemently opposed abortion rights as the Republican nominee for U.S. Senate in Georgia, paid for an abortion for his girlfriend in 2009, according to a report. Walker called the accusation a “flat-out lie” and said he would sue. The Daily Beast reviewed a receipt showing her $575 payment for the procedure, along with a get-well card from Walker and her bank deposit records showing the image of a personal check from Walker dated five days after the abortion receipt. The woman said Walker encouraged her to end the pregnancy, saying the time was not right for a baby.

Louisiana – Louisiana Officials Use Campaign Cash to Buy LSU, Saints Tickets
Louisiana Illuminator – Julie O’Donoghue | Published: 10/4/2022

Forty-nine Louisiana politicians spent $181,600 from their campaign accounts and PACs on tickets to collegiate and professional sporting events in 2020 and 2021. Over half of those purchasing the tickets were state lawmakers, but the group also includes the governor, sheriffs, district attorneys, and a state Supreme Court justice. State law prohibits elected officials from using campaign money for “personal use,” but sports tickets have long been considered a legitimate expense. The practice is legal so long as officials can explain why the spending is related to their campaign or job, said Kathleen Allen, the state’s ethics administrator.

Maryland – Nash Seeking Clarity on Lobbying Rules After Ethics Decision
Yahoo News – Ryan Marshall (Frederick News-Post) | Published: 10/5/2022

Frederick Alderwoman Katie Nash will not challenge a decision by the city’s Ethics Commission that some of her professional lobbying activities violated city rules in court and is seeking guidance for future work. The commission found Nash, a lobbyist registered with the state, improperly emailed coordinators for various city Neighborhood Advisory Councils and others, encouraging them to raise concerns with the county about plans to shift coverage of paramedic services in parts of the city. Nash also asked that information about avoiding conflicts be made available to candidates when they file.

Massachusetts – Former State Police Union Boss Dana Pullman and Former Lobbyist Anne Lynch Face Trial for Alleged Kickback Schemes
MSN – Shelly Murphy (Boston Globe) | Published: 10/3/2022

Dana Pullman, the former leader of the Massachusetts State Police union, is on trial on charges he took kickbacks totaling $41,250 from a union lobbyist, Anne Lynch, and diverted thousands of dollars from the union for personal expenses, including flowers, gifts, a Florida vacation, and meals at upscale restaurants with a girlfriend. When announcing the charges in August 2019, federal authorities accused Pullman of running the union “like an old-school mob boss” and tapping the union’s account as if it was “his own personal piggy bank.”

Michigan – Michigan’s Proposal 1 Would Change Term Limits, Require Financial Disclosure for Lawmakers
Yahoo News – Clara Hendrickson (Detroit Free Press) | Published: 10/6/2022

Michigan voters will have a chance to decide this November whether they want to end the current term limits for state lawmakers in favor of reducing the total number of years lawmakers can serve in Lansing while increasing the number of times they can seek reelection in either chamber. The proposal would also establish new financial disclosure requirements for some elected officeholders. It would require annual reports describing their assets and sources of income, positions held outside of state government, agreements or arrangements regarding future employment, gifts and travel payments received, among other requirements.

Missouri – Missouri Ethics Commission Hobbled Again After Parson Pulls Appointees
St. Louis Post-Dispatch – Jack Suntrup | Published: 9/29/2022

The Missouri Ethics Commission again is unable to function, at least temporarily, because it does not have enough members. Gov. Mike Parson removed three members of the panel on recently, said Liz Ziegler, executive director of the commission. Ziegler said Parson took the three members off the ethics commission “due to the special legislative session” the governor had called on tax relief.

Montana – Commissioner of Political Practices to Step Down Before Term Ends
Helena Independent Record – Sam Wilson | Published: 10/3/2022

Montana Commissioner of Political Practices Jeff Mangan announced on social media he will be retiring before his term ends, stepping down just before Election Day. Not since Dennis Unsworth’s departure at the end of 2010 has anyone served out a full term as commissioner. Past commissioners have at times come under fire for bringing a perceived partisan bias to their work investigating political complaints. Republican lawmakers have for years brought legislation seeking to disband the office or reduce the power commissioners wield.

New Mexico – NM Sen. Ivey-Soto Resigns from the Chairman Position of an Influential Committee
Source New Mexico – Shaun Griswold | Published: 9/29/2022

Fallout from a harassment complaint filed against New Mexico Sen. Daniel Ivey-Soto has now affected his position of power as a lawmaker in Santa Fe. Ivey-Soto submitted a letter resigning as chairperson of the Senate Rules Committee. His resignation as chair shields lawmakers from having to take a public position on Ivey-Soto’s behavior at the Capitol. A meeting to discuss Senate committee assignments would have been the first public discussion and vote by lawmakers about Ivey-Soto after an investigation about sexual harassment allegations against Ivey-Soto.

New York – City Council Redistricting Drama Underscores Dropped Commission Ethics Policy
Gotham Gazette – Ethan Geringer-Sameth | Published: 10/3/2022

New York City’s redistricting process was thrown into disarray in September after the commission responsible for drawing new city council district lines voted down its own draft map. An aide to Mayor Eric Adams individually lobbied his appointees on the commission to vote no, activity the mayor has denied knowing about. There are few formal barriers in place to prevent conflicts-of-interest between the 15 redistricting commissioners and the elected officials who appointed them.

New York – Contender for Top NYC City Hall Post Left Trail of Penalties and Debt as a Lobbyist
MSN – Michael Gartland (New York Daily News) | Published: 10/3/2022

Tiffany Raspberry, who currently serves as a senior advisor for external affairs in New York City Mayor Eric Adams’ administration, is being considered as the mayor’s next chief of staff. Before her stint at City Hall, Raspberry worked as a lobbyist through her firm York Group Associates. The firm failed to follow city and state disclosure requirements dozens of times between 2011 and 2020, leading to nearly $38,000 in fines for late and incorrect filings. Records reveal Raspberry’s former clients are still registered to lobby on both the city and state levels.

New York – Hochul Says She Had No Role in New York’s $637M Deal with Campaign Donor
Albany Times Union – Chris Bragg | Published: 10/6/2022

Gov. Kathy Hochul said that before her staff authorized $637 million in payments to a major campaign donor, she was never asked to give final approval to the taxpayer-funded deal for COVID-19 tests from Digital Gadgets. The governor also said she was not briefed about the cost of the purchase orders, which were significantly higher than what other companies had charged for providing rapid tests to New York. Before finalizing the deals, Digital Gadgets had little history as a distributor of COVID-19 tests. The company’s chief executive officer, Charlie Tebele, held campaign fundraisers for Hochul around the time the contract was awarded.

Ohio – Cleveland Police Commander Faces Discipline for Hiding His Work with Private Security Companies, Failing to Pay Taxes
MSN – Adam Ferrise (Cleveland Plain Dealer) | Published: 9/28/2022

Cleveland police Commander Michael Butler faces accusations involving his work for private security companies, including that he hid from city officials his work for the businesses during a time he led the city’s efforts at staffing both officers and security firms for major events, according to an internal disciplinary letter. The city’s letter also said Butler broke state law by failing to pay taxes on income he had earned.

Ohio – FirstEnergy Fights to Keep Records Tied to Bribery Scheme from the Public
Ohio Capital Journal – Jake Zuckerman | Published: 10/5/2022

FirstEnergy, which has admitted to spending tens of millions of dollars bribing top government officials in Ohio, asked state regulators to shield documents about its bribes from release to the public. The company’s request will soon be decided by the Public Utilities Commission of Ohio, whose former chairperson, Sam Randazzo, allegedly accepted a $4.3 million bribe from the utility for favorable regulatory treatment. The records could unmask the identities of several government officials and energy executives that FirstEnergy anonymously identified in its deferred prosecution agreement with the Justice Department.

Ohio – Ohio Secretary of State Frank LaRose Creating Public Integrity Unit in Office Reorganization
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 10/5/2022

Ohio Secretary of State Frank LaRose is reorganizing his office to form a “public integrity” unit, a shuffling he said will include hiring of investigators with the authority to issue subpoenas to look into potential elections-related crimes. The secretary of state would make the decision on what cases to pursue. Any cases would be turned over to the attorney general’s office or local county prosecutors, which play a role in enforcing state criminal laws, or the Ohio Elections Commission, which is a clearinghouse for violations of state elections law. The move comes as increasing numbers of Republican voters view the accuracy of elections with suspicion.

Oklahoma – Okla. GOP Ties Hospital’s Covid Funds to End of Gender-Affirming Care
MSN – Kimberly Kindy (Washington Post) | Published: 10/4/2022

Oklahoma lawmakers added a controversial provision before awarding the state’s largest hospital system $108 million in pandemic relief funds. OU Health would only get the money if its Oklahoma Children’s Hospital stopped providing gender-affirming care. The move, which the governor signed into law, marks the first time that conservative state lawmakers have tied gender-affirming care to the receipt of funds from the American Rescue Plan Act. Some advocates worry it might embolden other Legislatures with GOP majorities to add similar restrictions before allocating money to publicly funded hospitals.

Oregon – City Elections Office Upholds Campaign Penalty Against Council Candidate Rene Gonzalez
Portland Mercury – Alex Zielinski | Published: 9/29/2022

Portland City Council candidate Rene Gonzalez’s appeal of a $77,000 campaign finance violation was rejected by the Small Donor Elections program. Gonzalez had argued that accepting a $250 monthly rate for an office rental in downtown Portland that normally goes for a monthly rate of $6,900 was not an in-kind contribution from property owner Jordan Schnitzer. According to Gonzalez, that is because vacancy rates are so high in downtown Portland the office would have gone unrented if his campaign had not occupied the space.

Pennsylvania – As TV Doctor, Mehmet Oz Provided Platform for Questionable Products and Views
MSN – Colby Itkowitz and Lenny Bernstein (Washington Post) | Published: 10/3/2022

As a Republican candidate for a U.S. Senate seat in Pennsylvania, a key battleground in the fight for control of the chamber, Mehmet Oz, a cardiothoracic surgeon, is putting his medical background and his popular television show at the center of his campaign pitch. But during the show’s run from 2009 to 2021, Oz provided a platform for potentially dangerous products and fringe viewpoints, aimed at millions of viewers, according to medical experts, public health organizations, and federal health guidance.

Pennsylvania – Unresolved Gray Areas in Pa. Mail Voting Law Likely to Spur Fresh Confusion, Legal Challenges
Spotlight PA – Stephen Caruso and Katie Meyer | Published: 10/5/2022

Some key questions on mail ballots remain unsettled in Pennsylvania, opening the door for more legal action and confusion after the upcoming gubernatorial and U.S. Senate races. State lawmakers in 2019 passed a bipartisan overhaul of the state’s election law and allowed no-excuse mail voting for the first time. That law does not say, for instance, whether counties should be able to contact voters who have submitted mail ballots with errors and allow them to fix them, a process known as ballot curing. The law also does not mention ballot drop boxes or how they should be regulated.

Texas – Ethics Commission Shelves Lobbying Complaint Against Austin Pets Alive! Employee
Austin Monitor – Chad Swiatecki | Published: 10/3/2022

The Ethics Review Commission opted not to move forward with a lobbying complaint against Katie Jarl, a member of the city’s Animal Advisory Commission who also works in a governmental affairs job for Austin Pets Alive (APA). The complaint was based on the likelihood that Jarl was involved in lobbying activity for APA in 2021 when it was negotiating with the city for a long-term lease for a shelter property. City laws bar a registered lobbyist from serving on boards and commissions.

Texas – Fort Worth City Manager Apologizes After Reprimanded for Trip with Sundance Square Owners
MSN – Lana Ferguson (Dallas Morning News) | Published: 10/5/2022

Fort Worth City Manager David Cooke was publicly reprimanded for taking a trip to Colorado on a private plane with Ed and Sasha Bass. Some argue the trip was, in part, to promote the city, but Cooke said it was a “personal trip with friends.” Cooke will remain in his role but must recuse himself from all city business tied to Sundance Square, which the Basses own, and the Downtown Public Improvement District. Mayor Mattie Parker and the city council said Cooke’s decision to take the Labor Day weekend trip to Aspen showed “questionable judgement” and that, when asked about it, he “exercised poor communication to the public.”

Virginia – IT Issues Stall Voter-Records Processing for 107,000 in Virginia
MSN – Laura Vozzella (Washington Post) | Published: 10/5/2022

Local registrars across Virginia began scrambling to process about 107,000 voter records dumped on them overnight by the state Department of Elections, where computer network failures had left applications in limbo for months. Gov. Glenn Youngkin’s office blamed unspecified technical problems for the backlog, which affected new voter registration applications, address updates, and other changes submitted through the Department of Motor Vehicles. Registrars do not face a hard deadline for processing registrations, but state law requires they notify voters of their polling place 15 days before an election.

Virginia – Virginia Paid Governor Youngkin’s Political Ad Agency $268K to Make a Tourism Ad – Featuring Youngkin.
Richmond Times-Dispatch – Patrick Wilson | Published: 10/5/2022

The political advertising agency behind Glenn Youngkin’s successful bid for Virginia governor, which created his branding, received a $268,600 contract from a state agency to produce a tourism video that heavily features Youngkin himself. The ad will appear in Virginia’s airports and welcome centers at a time when the governor is considering a run for president and is seeking to boost his national image. Poolhouse specializes in digital advertising for GOP candidates. It was formed in 2013 and has never performed marketing work for the state before the Youngkin tourism advertisement.

October 6, 2022 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance National: “DataVault Requests US Election Agency’s Advice to Send NFTs as a Campaign Fundraising Incentive” by Turner Wright for Cointelegraph Virginia: “Virginia Paid Governor Youngkin’s Political Ad Agency $268k to Make a Tourism Ad – Featuring Youngkin.” by […]

October 4, 2022 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance California: “New State Law Could Curb Pay to Play Politics in Orange County & California” by Spencer Custodio for Voice of OC Ethics National: “Trump’s Lawyer Refused His Request in February to Say All Documents Returned” by Josh […]

September 23, 2022 • Written by Jim Sedor

News You Can Use Digest – September 23, 2022

National/Federal A Landmark Supreme Court Fight Over Social Media Now Looks Likely MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 9/19/2022 Conflicting lower court rulings about removing controversial material from social media platforms point toward a landmark U.S. […]

National/Federal

A Landmark Supreme Court Fight Over Social Media Now Looks Likely
MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 9/19/2022

Conflicting lower court rulings about removing controversial material from social media platforms point toward a landmark U.S. Supreme Court decision on whether the First Amendment protects tech companies’ editorial discretion or forbids its censorship of unpopular views. The stakes are high not just for government and the companies, but because of the increasingly dominant role platforms such as Twitter and Facebook play in American democracy and elections. Social media posts have the potential to amplify disinformation or hateful speech, but removal of controversial viewpoints can stifle public discourse about important political issues.

Appeals Court: Justice Dept. can use Mar-a-Lago documents in criminal probe
MSN – Devlin Barrett (Washington Post) | Published: 9/21/2022

An appeals court sided with the Justice Department in a legal fight over classified documents seized in a court-authorized search of former president Donald Trump’s Mar-a-Lago estate, ruling the FBI may use the documents in its ongoing criminal investigation. The decision by a three-judge panel of the appeals court marks a victory for the Justice Department in its legal battle with Trump over access to the evidence to determine if the former president or his advisers mishandled national security secrets or hid or destroyed government records.

Apple Flexes Muscle as Quiet Power Behind App Group
Yahoo News – Emily Birnbaum (Bloomberg) | Published: 9/19/2022

The APP Association brands itself as the leading voice for thousands of app developers around the world. The majority of its funding comes from Apple, however. The tech giant is not a member of the association, but it plays a dominant behind-the-scenes role shaping the group’s policy positions, according to four former App Association employees. In fact, critics note, the association’s lobbying agenda tracks closely with Apple’s even when it is at odds with app developers, the companies that make the individual games and programs that run on Apple’s iPhone and other devices.

DeSantis Draft Effort Pushes Ahead After Campaign Finance Watchdog Deadlocks
MSN – Zach Montellaro (Politico) | Published: 9/15/2022

An effort to draft Florida Gov. Ron DeSantis into the 2024 presidential race promised to proceed with an unusual attempt to boost his would-be campaign, after the FEC deadlocked on a request for guidance about whether the strategy was legal. Ready for Ron is a federal PAC that wants to build a list of up to 1 million people urging DeSantis to run. But with those names, the group wants to deliver would-be supporters’ email addresses and phone numbers to DeSantis. The FEC has said candidates can rent or buy supporter lists compiled by other groups, but they cannot accept something of such value as a gift without breaking contribution limits.

Fugitive in Massive Navy Bribery Case Caught in Venezuela
Yahoo News – Associated Press | Published: 9/22/2022

Leonard Francis, a Malaysian defense contractor nicknamed “Fat Leonard” who orchestrated one of the largest bribery scandals in U.S. military history, was arrested in Venezuela after fleeing before his sentencing. The arrest came on the eve of his scheduled sentencing in a federal court for a bribery scheme that lasted more than a decade and involved dozens of U.S. Navy officers. The U.S. government faces an uphill challenge returning the fugitive back to American soil.

Gaetz Sought Pardon Related to Justice Department Sex Trafficking Probe
MSN – Jacqueline Alemany and Amy Gardner (Washington Post) | Published: 9/17/2022

U.S. Rep. Matt Gaetz told a former White House aide that he was seeking a preemptive pardon from then-President Trump regarding an investigation in which he is a target, according to testimony given to the House select committee investigating the attack on the Capitol. Asked by investigators if Gaetz’s request for a pardon was in the context of the Justice Department investigation into whether he violated federal sex trafficking laws, Johnny McEntee replied, “I think that was the context, yes,” according to people familiar with the testimony.

Greg Norman Finds Friendly Faces, Harsh Criticism on Capitol Hill Trip
MSN – Rick Maese (Washington Post) | Published: 9/21/2022

As a federal antitrust case winds its way through the court system, LIV Golf chief executive Greg Norman visited Capitol Hill, receiving mixed reviews from lawmakers as he tried to sell them on his breakaway tour that has upended the golf word. While some lawmakers seemed receptive to Norman, others questioned LIV Golf’s Saudi financing and said Congress should not spend time intervening in a business dispute between LIV Golf and the PGA Tour. LIV Golf and seven of its golfers have sued the PGA Tour, saying it violated antitrust laws, allegations the Justice Department is also reportedly probing.

House Passes Bill to Prevent Efforts to Subvert Presidential Election Results
MSN – Amy Wang (Washington Post) | Published: 9/21/2022

The House passed an electoral reform bill that seeks to prevent presidents from trying to overturn election results through Congress, the first vote on such an effort since the January 6, 2021, attack on the Capitol by a pro-Trump mob seeking to stop the certification of Joe Biden’s electoral win. The Presidential Election Reform Act would clearly reaffirm the vice president has no role in validating a presidential election beyond acting as a figurehead who oversees the counting process, barring that person from changing the results.

Jan. 6 Committee Reaches Deal with Ginni Thomas for an Interview
MSN – Jacqueline Alemany and Azi Paybarah (Washington Post) | Published: 9/21/2022

The House select committee investigating the Capitol insurrection reached an agreement with Virginia Thomas, the wife of Supreme Court Justice Clarence Thomas, to be interviewed by the panel in coming weeks. Virginia Thomas, a longtime conservative activist, pushed lawmakers and top Republican officials to overturn Joe Biden’s victory in the 2020 presidential election, citing baseless claims of widespread voter fraud.

Old Money: How retirees are funding and fueling political candidates unlike ever before
Yahoo News – Madison Hall (Business Insider) | Published: 9/20/2022

Retirees are becoming one of the most powerful financial forces in politics as they spend their savings to fuel federal-level campaigns. By the 2020 election cycle, retirees accounted for more than 20 percent of contributions, amounting to more than $378 million. Retirees’ expanded influence coincides with the rapid increase in politicians fundraising by email and text message – and targeting older Americans with never-ending solicitations. Older Americans, many of whom are retired, tend to be more engaged politically and represent a larger share of each party’s base, said Sheila Krumholz, executive director at OpenSecrets.

Senate Republicans Block Bill to Require Disclosure of ‘Dark Money’ Donors
MSN – Amy Wang (Washington Post) | Published: 9/22/2022

Senate Republicans blocked legislation that would have required super PACs and other groups to disclose donors who give $10,000 or more during an election cycle, a blow to Democrats’ efforts to reform campaign finance laws. Spending in election cycles by corporations and the ultrawealthy through so-called dark money groups has skyrocketed since the 2010 Supreme Court decision Citizens United v. FEC, which allowed incorporated entities and labor unions to spend unlimited amounts of money to promote or attack candidates.

The ‘Cost’ of Voting in America: A look at where it’s easiest and hardest
Seattle Times – Nick Corasaniti and Allison McCann (New York Times) | Published: 9/21/2022

A new study ranks all 50 states based on the overall investment a resident must make, in time and resources, to vote. The 2022 edition of the Cost of Voting Index, a nonpartisan academic study that seeks to cut through the politics of voting access, focused on 10 categories related to voting, including registration, inconvenience, early voting, polling hours, and absentee voting. The study’s emphasis on early-voting options meant states like Washington and Oregon, where voting is conducted entirely by mail, ended up at the top of the rankings.

TikTok to Ban Campaign Fundraising, Require Verification for Political Accounts
MSN – Gina Martinez (CBS News) | Published: 9/21/2022

TikTok announced it is banning campaign fundraising on its platform. It also announced new policies for political accounts, including “mandatory verification.” The ban will include videos asking for donations, and videos from political parties directing people to a contribution page on their website. Verification will ensure that anyone watching content belonging to a government, politician, or political party account will know that the account is “genuine” and the source is “authentic.”

Trump Adviser’s Trial May Shed Light on Foreign Influence Campaigns
MSN – Rebecca Davis O’Brien (New York Times) | Published: 9/19/2022

The trial of Thomas Barrack, an informal adviser to former President Trump accused of acting as an unregistered agent of the United Arab Emirates, could shed light on how foreign governments jockeyed for access to the Trump administration, efforts that may have created lucrative opportunities for businesspeople close to the White House. Prosecutors have accused Barrack of using his sway with Trump to advance the interests of the Emiratis and of serving as a secret back channel for communications without disclosing his efforts to the attorney general, as the government contends that he should have.

From the States and Municipalities

Arizona – 14 AZ Lawmakers Took 9-Day Europe Trip Sponsored in Part by Lobbyists and More Are Coming
MSN – Ray Stern (Arizona Republic) | Published: 9/18/2022

Fourteen Arizona lawmakers took a free trip to Germany recently, where they met government and business officials. Lobbyist firms and taxpayers funded the lawmakers’ expenses as part of a state House international relations program. The trip may have had trade benefits, but lawmakers should still take care to avoid the perception they are receiving gifts that could influence their policy making, said John Pelissero of the Markula Center for Applied Ethics. The number of lawmakers and that they could take their spouses seemed excessive to Pelissero, who called the trip a “junket.”

California – Former USC Dean Admits to Arranging Bribery Payment for Mark Ridley-Thomas
Yahoo News – Michael Finnegan and Matt Hamilton (Los Angeles Times) | Published: 9/15/2022

A former University of Southern California dean agreed to plead guilty to bribery, admitting she arranged an illicit $100,000 payment for Mark Ridley-Thomas when he was on the Los Angeles County Board of Supervisors in return for a university contract with the county. Marilyn Flynn’s admission of guilt strikes a major blow to Ridley-Thomas, now a Los Angeles city council member who has been suspended while he defends against federal charges of bribery, fraud, and conspiracy. Flynn’s plea also reduces the likelihood that evidence related to U.S. Rep. Karen Bass, the front-runner in the race for Los Angeles mayor, would get a public airing at trial.

California – Gov. Gavin Newsom Strips Fresno County Supervisors’ Power to Draw Election Lines
Sacramento Bee – Juan Esparza Loera | Published: 9/19/2022

Gov. Gavin Newsom signed legislation to give redistricting duties in Fresno County to a 14-member commission. Assemblyperson Joaquín Arámbula said it was the only way to ensure the Latino community gets a fair chance at political representation after the next census. Arámbula and community organizations said county supervisors cannot be trusted to draw fair and equitable districts because supervisorial districts have changed little despite a spike in Latino population.

California – Legal Pot Spawned a Wave of Corruption, Threats and Secret Financial Deals for Politicians
MSN – Adam Elmahrek, Robert Lopez, and Ruben Vives (Los Angeles Times) | Published: 9/15/2022

California’s decision to legalize recreational cannabis ushered in a multibillion-dollar commercial market that officials in many small, struggling communities hoped would bring new jobs and an infusion of tax revenue. But the advent of commercial marijuana unleashed a wave of corruption that has rocked local governments across the state and left them with few effective tools to combat the problem. The industry has donated campaign money to local government officials as cannabis became a powerful special interest. Lobbyists and others say bribery and shakedowns have become so commonplace in licensing that it feels like a normal part of doing business.

California – Santa Clara Mayor Asks Newsom to Give Campaign Donor a Break
San Jose Spotlight – Joseph Geha | Published: 9/21/2022

Santa Clara Mayor Lisa Gillmor lobbied California Gov. Gavin Newsom to help a major real estate firm save money on the largest mixed-use development planned in the state, months before the developer made a six-figure donation to her campaign. Gillmor advocated that Related Companies should not be required to pay prevailing wages to workers. Related formed a local PAC to support Gillmor as she runs for reelection and funded it with $100,000. Executives from the company also donated to Gillmor’s mayoral election campaign in 2018, two years after the project was approved by the city council.

California – Trial of Corruption Case Against California Sheriff to Begin
Yahoo News – Associated Press | Published: 9/21/2022

A longtime San Francisco Bay Area sheriff is on trial on public corruption allegations involving her office’s granting of concealed-carry weapons permits and costly jail mismanagement. The unusual case against Santa Clara County Sheriff Laurie Smith is a civil process to seek removal of an elected official but is similar to a criminal case. The trial follows an investigation into allegations that Smith’s office traded concealed weapons permits for donations to her reelection campaign and mismanaged the jails, where mentally ill inmates died or were injured.

Florida – Jury Awards $3 Million to Garbage Contractor in Opa-locka Corruption Lawsuit
MSN – Tess Riski (Miami Herald) | Published: 9/20/2022

A jury awarded a $3 million judgment to a garbage contractor that sued Opa-locka in 2017 alleging corruption and extortion in a city that has for years been plagued with financial and political turmoil. Jurors found the city failed to act in good faith with Universal Waste Services of Florida (UWS). Representatives of UWS made accusations of extortion against former city Commissioner Terence Pinder, who died in an apparent suicide in 2016, two days before he was scheduled to turn himself in on state bribery charges.

Florida – Migrants Flown to Martha’s Vineyard File Class-Action Lawsuit Against DeSantis
MSN – Amy Wang (Washington Post) | Published: 9/20/2022

A group of Venezuelan migrants who were flown from Texas to Martha’s Vineyard – allegedly after being falsely promised work and other services – filed a class-action lawsuit against Florida Gov. Ron DeSantis and other officials who arranged the flights, saying the officials used fraud and misrepresentation to persuade them to travel across state lines. The migrants are seeking unspecified damages, as well as the cost of their legal fees, for emotional and economic harm.

Georgia – Georgia 2020 Election Inquiry May Lead to Prison Sentences, Prosecutor Says
MSN – Matthew Brown and Tom Hamburger (Washington Post) | Published: 9/15/2022

Fulton County District Attorney Fani Willis, the prosecutor investigating efforts by Donald Trump and his allies to challenge the 2020 election results in Georgia, said her team has heard credible allegations that serious crimes have been committed and she believes some individuals may see jail time. At least 17 people have been notified they are targets of the criminal investigation, meaning they could eventually face charges. More targets will be added to the list soon, Willis said.

Georgia – Video Shows Trump Allies Handling Georgia Voting Equipment
Yahoo News – Danny Hakim, Richard Fausset, and Nick Corasaniti (New York Times) | Published: 9/20/2022

Newly released videos show allies of former President Trump and contractors who were working on his behalf handling sensitive voting equipment in a rural Georgia county weeks after the 2020 election. The footage, which was made public as part of litigation over Georgia’s voting system, raises new questions about efforts by Trump affiliates in a number of swing states to gain access to and copy sensitive election software, with the help of friendly local election administrators.

Illinois – State Sen. Emil Jones III Took Bribes from Red-Light Camera Company, Lied to Feds: Charges
WTTW – Heather Cherone | Published: 9/20/2022

Federal prosecutors charged Illinois Sen. Emil Jones III with three felonies, alleging he took a bribe from a firm that installed red-light cameras throughout the state and lied to Federal Bureau of Investigation agents. After being approached by a former executive for Safe Speed, the red-light company, who was cooperating with law enforcement, Jones agreed to limit the scope of his bill to study red-light cameras only in Chicago, where the firm did not operate, prosecutors say. In return, the executive agreed to pay Jones $5,000 and to provide a job to an unidentified associate of Jones.

Maryland – Opinion Says Nash’s Lobbying Violated City Ethics Ordinance
Yahoo News – Ryan Marshall (Frederick News-Post) | Published: 9/16/2022

Frederick Alderwoman Katie Nash violated the city’s ethics rules by lobbying on behalf of a firefighter union’s concerns about county emergency services coverage in the city, an Ethics Commission ruled. Nash, a lobbyist registered with the state, improperly emailed people, including coordinators for various Neighborhood Advisory Councils, encouraging them to raise concerns with the county about plans to shift coverage of paramedic services in parts of the city, according to the opinion. Nash was a paid lobbyist for the International Association of Firefighters Local 3666 when she sent out emails and press releases.

Michigan – Former Macomb Public Works Boss Marrocco Pleads Guilty in Corruption Probe
Yahoo News – Christina Hall (Detroit Free Press) | Published: 9/20/2022

Former Macomb County Public Works Commissioner Anthony Marrocco pleaded guilty to attempted extortion in federal court in a yearslong corruption probe that netted more than 20 other people. Prosecutors alleged he used an aide and others to shake down builders and contractors for donations to his fundraisers. If they did not contribute, the indictment said, Marrocco retaliated by holding up building permits, denying payment to vendors, and refusing to award contracts to firms. The charge to which he pleaded guilty carries up to 20 years in prison and a fine up to $250,000.

Michigan – Here’s the Punishment for Warren Councilman Who Handcuffed Woman over BLM Stickers
Yahoo News – Christina Hall (Detroit Free Press) | Published: 9/19/2022

Warren City Councilperson Edward Kabacinski pleaded no contest to disturbing the peace and was sentenced to one-year probation for his actions toward a woman at a rally for then-President Trump. Kabacinski was charged in October 2020 with assault and battery and impersonating a police officer when he chased a woman and handcuffed her after she put a Black Lives Matter sticker on a Trump sign during a protest. Kabacinski claimed he is a former military police officer and federal law allows him to detain those who breach the peace or break the law. The woman was not facing criminal charges.

New Hampshire – New Hampshire GOP Senate Nominee Abruptly Backs Off False 2020 Election Claims
MSN – Gregory Krieg and Dan Merica (CNN) | Published: 9/15/2022

U.S. Senate candidate Don Bolduc won the Republican nomination in New Hampshire after months campaigning on false claims the 2020 election was stolen from former President Trump. A little more than a day after the primary, he attempted an about-face. “I’ve come to the conclusion, and I want to be definitive on this: the election was not stolen,” Bolduc said. He is not the only GOP candidate who has tried to temper, or erase, hardline positions as the general-election environment starts to look less favorable for the party.

New Jersey – When George Gilmore’s Public Work Dried Up, an Ally Gave His Wife a Job with Engineering Firm
Yahoo News – Matt Friedman (Politico) | Published: 9/19/2022

When Ocean County Republican Party Chairperson George Gilmore was convicted on three federal tax charges in 2019, it did not just cost him his political leadership post. His work with public entities also dried up. Gilmore’s now-defunct law firm, Gilmore & Monahan, had made between $2 million and $3 million in public contracts annually between 2012 and 2018. He resigned from another job at the lobbying firm 1868 Public Affairs. But after Gilmore’s conviction, a political ally founded Morgan Municipal Services, a new division to expand the firm’s work in the public sector. It counted Gilmore’s wife as one of its three founding partners.

New Mexico – NM Senator Defends His Reputation While Policy Silences the People Accusing Him of Misconduct
Source NM – Shaun Griswold | Published: 9/19/2022

New Mexico Sen. Daniel Ivey-Soto said the sexual harassment complaint filed against him is closed. But outrage continues to grow, as everyone involved calls for reform of statehouse procedures shrouded in secrecy. The lobbyist who came forward with the initial complaint says her First Amendment rights have been violated because of the confidentiality rules about who is allowed to speak about the matter publicly. After the findings in the misconduct investigation were leaked, Ivey-Soto contacted the FBI about what he says is extortion.

New York – Donald Trump, 3 of His Children Accused of Business Fraud by New York AG
MSN – Shayna Jacobs and Jonathan O’Connell (Washington Post) | Published: 9/21/2022

New York Attorney General Letitia James filed a lawsuit accusing Donald Trump, three of his grown children, and executives at his company of manipulating asset valuations to deceive lenders, insurance brokers, and tax authorities into giving them better loan and insurance policy rates and reduce their tax liability. The complaint asks the state Supreme Court to bar the former president, Ivanka Trump, Donald Trump Jr., and Eric Trump from serving as executives at any company in New York, and to bar the Trump Organization from acquiring commercial real estate or receiving loans from a New York-registered financial institution for five years.

New York – Executive Threw Hochul Fundraiser Weeks Before Landing $637M Deal
Albany Times Union – Chris Bragg | Published: 9/20/2022

New York Gov. Kathy Hochul maintains that when her administration paid a vendor $637 million last winter for COVID-19 tests, she was unaware the recipient was a campaign donor. Yet a month before the administration struck the deals, the company’s founder threw an in-person campaign fundraiser for Hochul. The deal was enabled by the governor’s revived suspension of competitive bidding rules for the administration’s purchase of COVID-19 supplies. Through an emergency executive order, Hochul suspended those rules four days after the fundraiser.

Oregon – Oregon’s Nonaffiliated Candidates Face Long Odds Making It onto the Ballot
Oregon Capital Chronicle – Julia Shumway | Published: 9/20/2022

Democratic and Republican candidates in Oregon pay a fee ranging from $25 to $150 and fill out a two-page form to compete in a primary. Minor party candidates are nominated separately by their parties, through conventions or party-run primaries. But non-affiliated candidates must collect petition signatures from hundreds or thousands of voters, depending on the office. Efforts to change Oregon’s election system are again afoot, with a coalition launching its petition drive for a constitutional amendment to open primaries. Nearly 41 percent of Oregon voters are ineligible to vote in primaries because they are nonaffiliated or registered with a minor party.

Oregon – Portland Elections Program Hits Council Candidate Rene Gonzalez with $77,000 Fine for Discounted Office Space
OPB – Rebecca Ellis | Published: 9/21/2022

Portland City Council hopeful Rene Gonzalez was fined for accepting and failing to report a steep discount on rent on his campaign office. The $77,000 fine, the biggest ever issued by the city’s Small Donor Elections program, stems from an unreported in-kind contribution Gonzalez is accused of accepting from the company, which is owned by Jordan Schnitzer, who personally gave $250 to Gonzalez in May. Program Director Susan Mottet said a normal tenant would have been asked to pay $6,900 per month for the over 3,000 square feet of space. Since May, Gonzalez’s campaign only had to pay $250 per month.

Pennsylvania – Philly’s Board of Ethics Voted to Close a Loophole that Super PACs Use to Get Instructions from Campaigns
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 9/21/2022

The Philadelphia Board of Ethics voted to ban the strategy known as “redboxing,” in which candidates send indirect signals to independent expenditure campaigns like super PACs that can raise unlimited amounts of money but are not allowed to coordinate with campaigns. Candidates do that by publicly stating the strategic needs of their campaigns, and some in recent federal elections have put those instructions in red boxes on their campaign websites to guide super PACs buying advertisements on their behalf. The statements use lightly coded language to inform the PACs on what the campaign wants.

Pennsylvania – Skill Games Company Woos Pa. Lawmakers with Trips to Wild Wyoming Rodeo
Spotlight PA – Angela Couloumbis | Published: 9/19/2022

This past summer, a select group of Pennsylvania legislators, including House Majority Leader Kerry Benninghoff, got to experience the Cheyenne Frontier Days, the premier summer festival in Wyoming that bills itself as the world’s largest outdoor rodeo and Western celebration, courtesy of Pace-O-Matic. The company makes skill games that currently generate millions of dollars in revenue and, in Pennsylvania, operate in a legal and regulatory gray area, one the Legislature will play a key role in defining. For some of the lawmakers, it was an all-expenses-paid experience.

South Dakota – Ethics Board Keeps ‘Action’ Secret on Complaint Against Noem
MSN – Stephen Groves (Associated Press) | Published: 9/20/2022

The Government Accountability Board will not publicly disclose the “appropriate action” it took after finding evidence South Dakota Gov. Kristi Noem intervened with a state agency to influence her daughter’s application for a real estate appraiser license. The board found there was evidence Noem engaged in a conflict-of-interest and malfeasance. A lawyer hired by the board, Mark Haigh, responded to an open records request by saying the board’s response would remain “confidential.” The board has never handled such a high-profile case since its inception in 2017.

Virginia – Virginia Rule on Legislators Leaving Districts Could Add More Intrigue to 2023 Elections
Virginia Mercury – Graham Moomaw | Published: 9/22/2022

After past redistricting cycles, the number of Virginia General Assembly members having to switch districts was kept to a minimum because legislators were allowed to draw careful lines around each other’s homes to avoid doing damage to incumbents. That was not the case last year, when experts appointed by the Virginia Supreme Court effectively reset the state’s legislative maps with little regard for keeping incumbents comfortably installed in conflict-free seats. That means an unusually high number of legislators are facing the prospect of moving to position themselves for the next election cycle.

Virginia – Youngkin’s Restriction on Trans Students’ Rights Is Probably Illegal, Experts Say
MSN – Rachel Weiner (Washington Post) | Published: 9/21/2022

A directive from Virginia Gov. Glenn Youngkin for public schools to restrict the rights of transgender students is either unenforceable or will be struck down in court because it appears to violate both state and federal law, experts and advocates said. The model policies require schools to categorize transgender children by their “biological sex” when it comes to using the bathroom, locker room, and other facilities and participating in activities. They also bar students from adopting a new name or pronouns without parental permission.

September 20, 2022 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance National: “DeSantis Draft Effort Pushes Ahead After Campaign Finance Watchdog Deadlocks” by Zach Montellaro (Politico) for MSN Ethics National: “Martha’s Vineyard Flights Leave Migrant Advocates Scrambling” by Molly Hennessy-Fiske and Maria Sacchetti (Washington Post) for MSN California: “Former […]

September 16, 2022 • Written by Jim Sedor

News You Can Use Digest – September 16, 2022

National/Federal A Record Number of Black Candidates for Higher Offices Aim to Reshape U.S. Politics MSN – Tim Craig (Washington Post) | Published: 9/13/2022 A record number of Black men and women are running for U.S. Senate and governor this fall, […]

National/Federal

A Record Number of Black Candidates for Higher Offices Aim to Reshape U.S. Politics
MSN – Tim Craig (Washington Post) | Published: 9/13/2022

A record number of Black men and women are running for U.S. Senate and governor this fall, with the potential to increase diversity in the nation’s top elected offices, which are still overwhelmingly held by White men. Since Reconstruction, voters have elected just seven Black senators and two Black governors. While many of them face tough odds, some have posted strong poll numbers and fundraising totals, waging credible campaigns that challenge long-held attitudes about whether Black candidates can be competitive in statewide races.

Durham Inquiry Appears to Wind Down as Grand Jury Expires
Yahoo News – Katie Benner (New York Times) | Published: 9/14/2022

When John Durham was assigned by the Justice Department to examine the origins of the investigation into the 2016 Trump campaign’s ties to Russia, then-President Trump and his supporters expressed a belief the inquiry would prove a “deep state” conspiracy including top Obama-era officials had worked to sabotage him. Now Durham appears to be winding down his three-year inquiry without anything close to the results Trump was seeking. The grand jury that Durham has recently used to hear evidence has expired, and while he could convene another, there are currently no plans to do so.

FEC Unanimously Rejects Complaints About Zuckerberg’s 2020 Election Grants
MSN – Isaac Stanley-Becker (Washington Post) | Published: 9/8/2022

A unanimous bipartisan vote by the FEC undercut claims about Mark Zuckerberg’s role in the 2020 election that have taken hold among GOP leaders, candidates, and activists. The claims originate in the more than $400 million donated by Zuckerberg, the chief executive and founder of Meta, and his wife to a pair of nonprofits that provided grants aiding state and local governments with election administration in light of the challenges posed by the coronavirus. The funding from Zuckerberg soon became kindling for the firestorm unleashed by former President Trump and his allies as they questioned the legitimacy of the 2020 election.

In Final Primaries, Heated GOP Fights in N.H. Include a Blow to McCarthy
MSN – Colby Itkowitz and David Weigel (Washington Post) | Published: 9/13/2022

The 2022 primaries concluded on a familiar note – with voters in Republican races choosing between far-right, election-denying candidates and more moderate rivals, and party leaders divided in contests factoring into the battle for control of Congress. New Hampshire was one of three states where voters went to the polls, marking the end of this year’s nominating process, along with Rhode Island and Delaware. The primaries allowed voters a final chance to choose party standard-bearers after months of fierce intraparty battles that highlighted divisions on both sides over policy, personality, and ideology, among other things.

Judge Dismisses Trump Lawsuit Against Hillary Clinton Over 2016 Election
MSN – Azi Paybarah (Washington Post) | Published: 9/9/2022

A federal judge dismissed Donald Trump’s lawsuit against former Secretary of State Hillary Clinton, saying there was no basis for the former president to claim Clinton and her allies harmed him with an orchestrated plan to spread false information that his campaign colluded with Russia during the 2016 presidential race. U.S. District Court Judge Donald Middlebrooks noted “glaring structural deficiencies in the plaintiff’s argument” and said, “such pleadings waste judicial resources and are an unacceptable form of establishing a claim for relief.”

Justice Dept. Issues 40 Subpoenas in a Week, Expanding Jan. 6 Inquiry
Seattle Times – Adam Goldman, Glenn Thrush, Alan Feuer, and Maggie Haberman (New York Times) | Published: 9/13/2022

Justice Department officials seized the phones of two top advisers to former President Trump and blanketed his aides with about 40 subpoenas in a substantial escalation of the investigation into his efforts to subvert the 2020 election. The seizure of the phones, coupled with a widening effort to obtain information from those around Trump after the 2020 election, represent some of the most aggressive steps the department has taken thus far in its criminal investigation into the actions that led to the assault on the Capitol by a pro-Trump mob.

Justice Dept. Says It Would Accept Trump’s Candidate for Special Master
MSN – Devlin Barrett and Perry Stein (Washington Post) | Published: 9/12/2022

The Justice Department filed court papers signaling it would accept a former federal judge as a special master charged with reviewing papers seized by the FBI from former President Trump’s Mar-a-Lago residence and club. U.S. District Court Judge Aileen Cannon must approve Raymond Dearie’s appointment. Dearie was proposed by Trump’s lawyers amid a legal battle over whether a special master should review the documents to determine whether any should be kept from federal prosecutors investigating the potential mishandling of classified material and the possible hiding, tampering, or destruction of government records.

Migrants Flown to Martha’s Vineyard as GOP Escalates Immigration Protest
MSN – Ellen Francis (Washington Post) | Published: 9/15/2022

Dozens of migrants arrived by plane in Martha’s Vineyard, as some Republican governors escalate a campaign against President Biden’s border policies by shuttling refugees out of their states and to Democratic-led states or liberal enclaves. Their arrival in the affluent summer resort island in Massachusetts appeared to prompt confusion about where they had come from and how. The communications director for Florida Gov. Ron DeSantis said two flights were part of a state program to relocate undocumented immigrants.

Prosecutors Seek Details from Trump’s PAC in Expanding Jan. 6 Probe
MSN – Josh Dawsey and Isaac Arnsdorf (Washington Post) | Published: 9/8/2022

The Justice Department is seeking details about the formation and operation of Donald Trump’s post-presidential political operation in a significant expansion of the criminal investigation of the attack on the Capitol and efforts to overturn the results of the 2020 election. A federal grand jury sent subpoenas to a wide range of former campaign and White House staffers asking for information about the Save America PAC. Sources described the subpoenas as broad, seeking all documents and communications about opening the PAC and every dollar raised and spent.

Stock Trades Reported by Nearly a Fifth of Congress Show Possible Conflicts
News Inside Era – Kate Kelley, Adam Playford, and Alicia Parlapiano (New York Times) | Published: 9/13/2022

Ninety-seven U.S. senators or representatives who reported trades by themselves or immediate family members in stocks or other financial assets that intersected with the work of committees on which they serve, according to an analysis of trades from 2019 to 2021. The potential for conflicts in stock trading by members of Congress, and their choice so far not to impose stricter limits on themselves, has long drawn criticism, especially when particularly blatant cases emerge. Over the three-year period, more than 3,700 trades reported by lawmakers from both parties posed potential conflicts between their public responsibilities and private finances.

Trump Backers Flood Election Offices with Requests as 2022 Vote Nears
MSN – Amy Gardner and Patrick Marley (Washington Post) | Published: 9/11/2022

Supporters of former President Trump have swamped local election offices across the nation in recent weeks with a coordinated campaign of requests for 2020 voting records, in some cases paralyzing preparations for the fall election season. In nearly two dozen states and scores of counties, election officials are fielding what many describe as an unprecedented wave of public records requests in the final weeks of summer, one they say may be intended to hinder their work and weaken an already strained system.

What Makes State Legislatures Uniquely Prone to Alleged Harassment
MinnPost – Jennifer Gerson (The 19th) | Published: 9/7/2022

Statehouses, a place where the powerful and the less empowered rub shoulders as part of the policy-making process, are a place where abuse and harassment can flourish in the shadows, and consequences are slow to come if they come at all. Dealing with alleged harassment in remains a maze of bureaucratic red tape that, despite efforts to improve processes, has left people in uncomfortable power dynamics or complete inaction after alleged sexual harassment or bullying.

When a Man with a Pistol Shows Up Outside a Congresswoman’s House
MSN – Ruby Kramer (Washington Post) | Published: 9/8/2022

Threats against members of Congress have risen year after year, according to data from the Capitol Police: 9,625 in 2021, up from 3,939 in 2017. Officers logged nearly 2,000 cases in the first three months of this year alone. Among the statistics, there are thousands of stories like that of U.S. Rep. Pramila Jayapal. An armed man who reportedly threatened to kill Jayapal was arrested outside her Seattle home recently. The incident demonstrated to Jayapal how many gaps exist in congressional security.

From the States and Municipalities

Arkansas – Ethics Filing Against Flowers Frivolous, Senate Panel Says; Suspension Recommended for Clark
Arkansas Democrat-Gazette – Michael Wickline | Published: 9/10/2022

The Arkansas Senate Ethics Committee recommended the chamber suspend state Sen. Alan Clark for the rest of this year and strip him of seniority for the rest of this year and the next two years. The committee concluded that Clark’s charges of ethics violations against Sen. Stephanie Flowers were spurious, frivolous, and retaliatory. Clark filed a complaint against Flowers alleging she violated the Senate’s code of ethics by accepting legislative per diem payments for participating by Zoom in the Senate’s regular session meetings in 2021.

California – Anaheim Council Tightens Lobbyist Rules
MSN – Alicia Robinson (Orange County Register) | Published: 9/14/2022

Anaheim City Council members voted unanimously to support an ordinance tightening lobbyist regulations. Acting as a lobbyist but failing to register with the city, not filing disclosure reports as required, or filing inaccurate reports could result in a misdemeanor charge under the proposed rules. A second vote is required for the new rules to become law. Registered lobbyists will also have to attest under penalty of perjury their reports are true and accurate; perjury is a felony charge under state law.

California – Karen Bass Got a USC Degree for Free. It’s Now Pulling Her into a Federal Corruption Case
MSN – Matthew Brown (Los Angeles Times) | Published: 9/7/2022

A full tuition scholarship to the University of Southern California (USC) led to the indictment of former Los Angeles County Supervisor Mark Ridley-Thomas and the former dean of USC’s social work program, Marilyn Flynn, on bribery and fraud charges. Another scholarship recipient, U.S. Rep. Karen Bass, is the leading contender to be the next mayor of Los Angeles. Federal prosecutors have not indicated Bass is under a criminal investigation. But prosecutors have now declared that Bass’ scholarship and her dealings with USC are “critical” to their bribery case and to their broader portrayal of corruption in the university’s social work program.

California – L.A. County Supervisor Sheila Kuehl’s Home Searched by Sheriff’s Investigators
Yahoo News – Alene Tchekmedyian (Los Angeles Times) | Published: 9/14/2022

Los Angeles County sheriff’s investigators searched the house of county Supervisor Sheila Kuehl as part of a criminal investigation into a county contract awarded to a nonprofit organization. A copy of the warrant showed the search was tied to an ongoing probe into Peace Over Violence, a nonprofit run by Patti Giggans, a member of the Sheriff Civilian Oversight Commission and a close friend to Kuehl. Both Kuehl and Giggans have clashed with Sheriff Alex Villanueva and called for his resignation.

California – Voters Push to Take Local Redistricting from Politicians
CalMatters – Sameea Kamal | Published: 9/14/2022

California’s independent redistricting commission has received generally good reviews for its new maps that voters are using to elect legislators and members of Congress in November. But voters who say they are disenfranchised want similar panels to draw their local districts. Three bills on California Gov. Gavin Newsom’s desk would overrule local officials and require independent redistricting commissions in Fresno, Kern, and Riverside counties. If signed into law, those panels would work on districts for the boards of supervisors in those counties, starting after the next Census in 2030.

Colorado – FBI Seizes Mike Lindell’s Phone in Probe of Colo. Voting Machine Breach
MSN – Jon Swaine and Emma Brown (Washington Post) | Published: 9/14/2022

FBI agents seized a cellphone belonging to Mike Lindell, the MyPillow founder and prominent election denier, as part of a federal investigation into an alleged breach of voting machines in Colorado, according to Lindell. Lindell said the agents questioned him about Tina Peters, the Mesa County clerk who was indicted on charges she helped an outsider copy sensitive data from the county’s elections systems. The action against Lindell, who has financed films, conferences, and other media promoting disinformation about elections, points to a widening of the federal investigation into the alleged breach in Mesa County.

Florida – ‘Make His Life a Living Hell.’ The FPL-financed plot to torpedo a Miami lawmaker
MSN – Mary Ellen Klas and Nicholas Nehamas (Miami Herald) | Published: 9/9/2022

Florida Power & Light’s (FPL) chief political operative, Jeff Pitts, used a maze of nonprofits to secretly finance an operation aimed at defeating state Sen. José Javier Rodríguez and replace him with a Republican less hostile to FPL’s interests. Rodríguez lost his bid for reelection in 2020 by 34 votes. It was part of an alleged “ghost candidate” plot in which “spoiler” candidates ran in a total of three state Senate races to help defeat Democratic candidates, who indeed lost. Two people have been criminally charged in connection with the effort to defeat Rodríguez, including a former state senator considered a staunch ally of FPL during his years in office.

Georgia – Former Atlanta Official Gets 14 Years in Corruption Case
Yahoo News – Kate Brumback (Associated Press) | Published: 9/8/2022

A former high-ranking Atlanta official was sentenced to 14 years in prison after a jury found her guilty of charges stemming from a long-running federal investigation into corruption at City Hall. In addition to the prison time, the judge ordered Mitzi Vickers to pay nearly $3 million in restitution to the city. Bickers was the first person to go to trial in the investigation into corruption during the administration of former Atlanta Mayor Kasim Reed. She helped Reed win election and then worked as his director of human services for several years.

Georgia – Georgia’s Biggest County Can’t Find a Top Elections Official
MSN – Matthew Brown (Washington Post) | Published: 9/7/2022

For 10 months, local leaders have been unable to hire a permanent director to run the Department of Registration and Elections in Fulton County, home to Atlanta. The previous director resigned in November and left the position in April, after pressure from local lawmakers and the turmoil of the 2020 election, when county staff endured death threats, baseless conspiracy theories, high-stakes audits, and harassment from former Donald Trump and his allies. The staff has worked through the uncertainty under an interim director, but the county has been slow to implement changes mandated by a sweeping new election law.

Hawaii – Attorney For Mitsunaga’s Engineering Firm Has Been Arrested in Bribery Case
Honolulu Civil Beat – Christina Jedra | Published: 9/13/2022

Sheri Tanaka, an attorney for a prominent engineering firm whose chief executive officer is fighting federal charges, was arrested in California in connection with her client’s case and is currently in custody. Tanaka has been charged alongside Dennis Mitsunaga and associates of his firm who were accused of bribing former Honolulu prosecutor Keith Kaneshiro. Federal prosecutors say Mitsunaga and his accomplices directed over $45,000 to the prosecutor so he would pursue a bogus prosecution of a former employee of the firm, Laurel Mau.

Illinois – Board of Review’s Probe into Bribes for Tax Breaks Is Stymied by Employee’s ‘Inability to Recall Passcode’ to County-Issued Cellphone
Chicago Sun-Times – Mitch Dudek | Published: 9/9/2022

An employee of the Cook County Board of Review under investigation for accepting bribes to lower property taxes stymied a law firm hired to look into the matter by refusing to be interviewed and claiming he forgot the passcode to his county-issued cellphone. A cooperating witness in the case broached the idea of having property assessments lowered for an associate. A picture of the employee thumbing a stack of cash was included in an affidavit. The employee told a cooperating witness he was “just the middle guy” and the cash was intended to be split with others in his office, according to the affidavit.

Maryland – Montgomery School Leaders Defend Contract Given to Board Member’s Spouse
MSN – Nicole Asbury (Washington Post) | Published: 9/13/2022

Montgomery County’s schools superintendent defended the system’s decision to award a STEM learning contract to a company owned by a school board member’s spouse and blamed concerns over the award process on an inaccurate document on the board’s website. The Parents’ Coalition of Montgomery County raised concerns before a school board vote that the contract for MoCo KidsCo Inc. was being awarded as a no-bid contract, with no discussion by the school board, a lack of competition, and a conflict-of-interest.

Massachusetts – AG Maura Healey Ruling Derails Bid to Limit Super PAC Contributions in Massachusetts
MassLive – Matt Murphy (State House News Service) | Published: 9/9/2022

Super PACs are allowed to raise and spend unlimited sums of money to influence elections as long as they do not coordinate directly with any campaigns. The spending has come under fire from some candidates who oppose the influence money has on the process. But a bid to curtail the ability of super PACs to raise and spend huge sums in Massachusetts was nixed by state Attorney General Maura Healey’s office as “inconsistent” with constitutional rights to free speech.

Massachusetts – SJC Considers Lobbying by Federal Felons, Like Former House Speaker Sal DiMasi
MSN – Shelley Murphy (Boston Globe) | Published: 9/8/2022

Former Massachusetts House Speaker Salvatore DiMasi began working as a lobbyist on Beacon Hill nine years after a federal jury found him guilty of fraud and extortion for taking bribes while in office. The state’s highest court heard arguments over whether DiMasi should have been forced to wait a little longer to embark on his new career, based on a state law that bars people convicted of certain state crimes from registering as lobbyists until 10 years after their convictions.

Massachusetts – State’s Public Campaign Financing Program Means Candidates Can Spend Big in November Election
MassLive – Chris Lisinski (State House News Service) | Published: 9/12/2022

Maura Healey and Kim Driscoll can drain their entire accumulated campaign money in their bid for governor and lieutenant governor, Massachusetts campaign finance officials said. At least one candidate in each of the five statewide contests this fall sought to participate in the state’s public campaign financing program, which triggered a requirement for all other contestants in those races to declare self-imposed spending caps. The largest limit in each race becomes the cap for all candidates in that field. Healey and Driscoll told the state Office of Campaign and Political Finance their self-imposed spending would be limited to a maximum of $6.9 million.

Michigan – Michigan Supreme Court Puts Abortion on the November Ballot
Yahoo News – Alice Miranda Ollstein (Politico) | Published: 9/8/2022

The Michigan Supreme Court certified a sweeping abortion rights initiative for the November ballot, giving voters a chance to decide whether the procedure remains legal or whether a nearly 100-year-old ban goes back into effect. The emergency ruling overrides a party-line tie vote by the Board of State Canvassers, which blocked the certification of the proposed constitutional amendment. The two Republicans on that panel sided with conservative groups that argued spacing and formatting errors on the text canvassers presented to voters rendered the entire effort invalid.

Mississippi – Former Gov. Phil Bryant Helped Brett Favre Secure Welfare Funding for USM Volleyball Stadium, Texts Reveal
Mississippi Today – Anna Wolfe | Published: 9/13/2022

Newly released text messages show Brett Favre, former Mississippi Gov. Phil Bryant, and others worked together to channel at least $5 million of the state’s welfare funds to build a new volleyball stadium at University of Southern Mississippi, where Favre’s daughter played the sport. The texts show the then-governor even guided Favre on how to write a funding proposal so it could be accepted by the state Department of Human Services. In total, nonprofit leaders misspent at least $77 million in funds that were supposed to help the needy, forensic auditors found.

Montana – Super PAC Faces New Allegations in Montana
Montana Free Press – Alex Sakariassen | Published: 9/9/2022

An out-of-state political organization found to have violated Montana campaign finance law continues to face questions about its activity in three legislative races during the 2022 primary election, even as it pursues legal action against the commissioner of political practices. The Center for Media and Democracy filed a complaint against the Convention of States Political Fund, a Michigan-based super PAC that spent more than $126,000 on political flyers and radio ads in Montana earlier this year.

New York – Rensselaer County’s Republican Elections Commissioner Arrested by FBI
Albany Times Union – Brendan Lyons | Published: 9/13/2022

Jason Schofield, the Rensselaer County Board of Elections commissioner, was arrested by the FBI and charged with fraudulently obtaining and filing absentee ballots last year using the personal information of at least eight voters without their permission. The ballots were filled out and submitted in last year’s primary election, the general election, and sometimes both. In some instances, documentation was completed falsely claiming the ballots were mailed to the voters at their residences.

Ohio – Ex-Ohio Governor Candidate Joe Blystone Threatened with Prosecution Over Alleged Campaign-Finance Violations
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 9/8/2022

Secretary of State Frank LaRose’s office says it will seek to refer Joe Blystone, who ran for Ohio governor earlier this year, to prosecutors for campaign finance violations if he does not accept a deal that includes turning over all his remaining campaign money to state officials. Blystone has been under scrutiny for a number of issues, including not properly recording thousands of dollars in small donations. Last March, LaRose’s office flagged more than $100,000 in contributions to Blystone’s campaign that appear to violate the state’s limit on cash contributions or ban on corporate donations.

Ohio – Former Butler County Elected Official Indicted on Corruption Charges
Yahoo – Cincinnati Enquirer staff | Published: 9/14/2022

A grand jury indicted Madison Township Trustee Alan Daniel on seven public corruption-related charges. The case had been referred to the Ohio Ethics Commission, which made a referral to the Butler County prosecutor’s office for criminal charges. State Auditor Keith Faber noted several votes Daniel cast as a trustee that Faber said directly impacted a family member. Daniel voted on 20 road department ordinances in 2018 and 15 in 2019 “from which he should have abstained because he is the father of Road Supervisor Todd Daniel,” Faber recently wrote to Madison Township officials.

Ohio – Ohio Supreme Court: ‘Targeted picketing’ ban unconstitutional
Ohio Capital Journal – Susan Tebben | Published: 9/14/2022

The Ohio Supreme Court took issue with a ban on “targeted picketing” of public officials in a new ruling. The justices ruled an education board violated picketers’ rights by putting a stop to public protests, calling Ohio Revised Code language on organizing a protest at public officials’ homes or workplaces “a form of expressive-activity suppression that is irreconcilable with the protections guaranteed by the First Amendment.”

Pennsylvania – Clandestine Plan to Force a Vote on Pa. Legislative Gift Ban Fails, Lawmakers Shrug
Spotlight PA – Stephen Caruso | Published: 9/14/2022

Pennsylvania lawmakers can accept gifts from anyone if they disclose items more than $250 on annual interest forms. Proposals to tighten the law have died over the years with no debate until last fall, when lawmakers on both sides of the aisle expressed interest in a more comprehensive gift ban. Activists recently said one unidentified House member would force a vote on whether to consider the bill, defying Republican leadership. But as one of the last scheduled session days of the year ended, no one stood up, leaving advocates with nothing to do but concede.

South Carolina – SC Supreme Court Says Attorney General’s $75M Payment to Law Firms Can Be Questioned
MSN – John Monk (The State) | Published: 9/14/2022

The South Carolina Supreme Court ruled that John Crangle, who writes extensively on governmental ethics issues, has the right to challenge state Attorney General Alan Wilson’s award of a $75 million legal fee to two law firms. Wilson had signed a contingency fee agreement with the firms that awarded them a percentage of a settlement concerning the disposal of dangerous plutonium in the state. Crangle and the South Carolina Public Interest Foundation contended the $75 million fee was unreasonable and unconstitutional.

South Dakota – Documents Show Gov. Kristi Noem Tried to Avoid Ethics Hearing, Seal Records
Yahoo News – Stephen Groves (Associated Press) | Published: 9/9/2022

Documents show South Dakota Gov. Kristi Noem asked the state Government Accountability Board to dismiss a complaint against her without a public hearing and to seal off certain records. News reports said shortly after a state agency moved to deny her daughter, Kassidy Peters, a real estate appraiser license, Noem held a meeting with Peters and key decision-makers in her licensure. After the meeting, Peters signed an agreement that gave her another opportunity to meet the licensing requirements. The South Dakota Legislature’s audit committee approved a report that found Noem’s daughter got preferential treatment.

Wyoming – Elections Official Files Complaint Against Conservative PAC
WyoFile – Maggie Mullen | Published: 9/13/2022

Campbell County’s chief elections officer filed a complaint against Coal Country Conservatives Political Action Committee, calling on the FEC and the Wyoming secretary of state to undertake a “swift and robust investigation.” The complaint by Campbell County Clerk Susan Saunders, names both the federal PAC and a Wyoming entity of the same name. Chief among Saunders’ concerns is a potentially improper campaign finance relationship between the two organizations and a lack of disclosure on the part of both.

Wyoming – Some Wyoming Republicans Want to Limit the Secretary of State after Trump’s Pick Wins
Wyoming Public Radio – Bob Beck | Published: 9/8/2022

Wyoming’s likely next secretary of state, a Trump-endorsed Republican who has falsely called the 2020 election fraudulent, is drawing concerns from many of his fellow GOP lawmakers. Now those legislators are aiming to draft a bill to remove the secretary of state’s ability to oversee elections. State Rep. Chuck Gray is the Republican nominee. He does not have a general election opponent. Though state officials maintain Wyoming elections are secure, Gray campaigned on concerns he has about election integrity.

September 9, 2022 • Written by Jim Sedor

News You Can Use Digest – September 9, 2022

National/Federal ‘Fat Leonard’ Goes on the Lam Weeks Before Sentencing in Navy Bribery Scandal Portland Press Herald – María Luisa Paúl (Washington Post) | Published: 9/6/2022 The Malaysian defense contractor who pleaded guilty to bribing Navy officials with sex parties, fancy […]

National/Federal

‘Fat Leonard’ Goes on the Lam Weeks Before Sentencing in Navy Bribery Scandal
Portland Press Herald – María Luisa Paúl (Washington Post) | Published: 9/6/2022

The Malaysian defense contractor who pleaded guilty to bribing Navy officials with sex parties, fancy dinners, and alcohol in a corruption scandal has escaped just weeks before his sentencing date. Leonard Francis, also known as “Fat Leonard,” fled while under house arrest in San Diego. A search by the San Diego Regional Fugitive Task Force and Naval Criminal Investigative Service is underway, officials said. “He cut off his GPS monitoring bracelet on Sunday morning,” the U.S. Marshals Service announced. “Task Force Officers went to his residence and upon arrival noticed the house was now vacant.”

FEC Approves Rule to Remove Candidate Loan Repayment Restrictions
OpenSecrets – Taylor Giorno | Published: 9/1/2022

The FEC approved an interim final rule that removes regulations that previously restricted the repayment of personal loans candidates made to their campaigns. In May, the Supreme Court ruled that existing candidate loan repayment restrictions were unconstitutional. Under the old rules, campaigns could raise money after election day to repay candidate loans up to $250,000 up to 20 days after the election.

From Border Town to ‘Border Town,’ Bused Migrants Seek New Lives in D.C. Area
MSN – Antonio Olivo (Washington Post) | Published: 9/7/2022

More than 230 buses carrying nearly 9,400 migrants, including young children, have arrived in the District of Columbia since Texas Gov. Greg Abbott began offering free passage to the city with Arizona Gov. Doug Ducey following suit. Buses from Texas have also started heading to New York and Chicago. The governors are using the busloads of migrants as a political statement about what they have called lax border policies. But for many of those who have accepted the rides, any political gamesmanship has been irrelevant. The buses have turned into a welcomed opportunity for migrants to get to their preferred destinations.

House Committee Reaches Deal to get Trump Financial Records
Yahoo News – Kevin Freking (Associated Press) | Published: 9/1/2022

A U.S. House committee seeking financial records from former President Trump reached an agreement that ends litigation on the matter and requires an accounting firm to turn over some of the material. The case began in April 2019, when the House Committee on Oversight and Reform first subpoenaed records from Trump’s then-accounting firm, Mazars USA. The committee cited testimony from Trump’s former attorney, Michael Cohen, that it said raised questions about the president’s representation of his financial affairs when it came to seeking loans and paying taxes.

In Voter Fraud, Penalties Often Depend on Who’s Voting
Yahoo News – Michael Wines (New York Times) | Published: 9/6/2022

A review by The New York Times of some 400 voting fraud charges filed nationwide since 2017 underscores what critics of fraud crackdowns have long said: actual prosecutions are rare events and often netted people who did not realize they were breaking the law. Punishment can be wildly inconsistent. Most violations draw wrist slaps, while a few high-profile prosecutions produce draconian sentences. Penalties often fall heaviest on those least able to mount a defense. Those who are poor and Black are more likely to be sent to jail.

In Washington, Agricultural Policymakers Circulate Among Farm Bureau, USDA and Industry
Investigate Midwest – Madison McVan | Published: 8/24/2022

Reporting and more than 100 pages of emails obtained by Investigate Midwest shed light on the movement of agriculture policy leaders between government, industry, and the American Farm Bureau Federation (AFBF). Terri Moore, vice president of communications for AFBF, said Dale Moore, executive vice president of the group, and Sam Kieffer, the organization’s top lobbyist, likely had communication with Joby Young during his time at as chief of staff for the secretary of the U.S. Department of Agriculture. Young took over as AFBF executive vice president following a stint at a consulting firm.

Jan. 6 Committee Asks Former Speaker Newt Gingrich to Sit for Interview
MSN – Jacqueline Alemany and Josh Dawsey (Washington Post) | Published: 9/1/2022

The House select committee investigating the insurrection at the U.S. Capitol issued a request to interview former House Speaker Newt Gingrich. The request cited evidence showing Gingrich was in communication with senior advisers to ex-President Trump, including Jared Kushner and Jason Miller, regarding television advertisements that amplified false claims about fraud in the 2020 election. The panel also said it obtained evidence suggesting Gingrich was involved in the fake elector plot designed to encourage Vice President Mike Pence and members of Congress to affect the outcome of the joint session of Congress on January 6, 2021.

Judge’s Special-Master Order a Test of Trump’s Post-White House Powers
MSN – Ann Marimow and Devlin Barrett (Washington Post) | Published: 9/6/2022

Justice Department lawyers are weighing whether to challenge a federal judge’s uncommon order to appoint an independent reviewer, called a special master, to assess more than 11,000 documents seized by the FBI from Donald Trump’s Florida residence. At issue are untested legal questions about the extent to which assertions of executive privilege can be applied to a former president. Legal experts called U.S. District Court Judge Aileen Cannon’s decision problematic because it upends the usual course of a criminal investigation and suggests there are different rules for a former president.

Material on Foreign Nation’s Nuclear Capabilities Seized at Trump’s Mar-a-Lago
MSN – Devlin Barrett and Carol Leonnig (Washington Post) | Published: 9/6/2022

A document describing a foreign government’s military defenses, including its nuclear capabilities, was found by FBI agents who searched former President Trump’s Mar-a-Lago residence and private club, according to people familiar with the matter, underscoring concerns among U.S. intelligence officials about classified material stashed at the Florida property. Some of the seized documents detail top-secret U.S. operations so closely guarded that many senior national security officials are kept in the dark about them.

Tory Peer Broke Lobbying Rules, Whitehall Watchdog Finds
The Guardian – Henry Dyer | Published: 9/6/2022

A Conservative hereditary peer breached lobbying rules in the United Kingdom by failing to register as a consultant lobbyist before contacting ministers on behalf of his client. The Office of the Registrar of Consultant Lobbyists announced the outcome of its investigation into the Earl of Shrewsbury, whose full name is Charles Henry John Benedict Crofton Chetwynd Chetwind-Talbot, and his company Talbot Consulting. The earl remains under investigation by the House of Lords for allegedly misusing his parliamentary position to lobby for SpectrumX.

From the States and Municipalities

Arkansas – Ex-Deputy Chief of Staff for Hutchinson Asks to Rescind Registration as a Lobbyist
Arkansas Democrat-Gazette – Michael Wickline | Published: 9/7/2022

Bill Gossage, the former deputy chief of staff for external operations for Arkansas Gov. Asa Hutchinson, said he asked the secretary of state’s office to rescind his August registration as a registered lobbyist. Gossage is vice president of governmental affairs for the Electric Cooperatives of Arkansas. State law bars an individual employed in the office of the governor, lieutenant governor, secretary of state, attorney general, treasurer, auditor, or commissioner of state lands from being eligible to be registered as a lobbyist until one year after the expiration of the individual’s employment in that office.

Florida – Jury Finds Seminole GOP Chair Guilty in ‘Ghost’ Candidate Case
Yahoo News – Annie Martin (Orlando Sentinel) | Published: 9/1/2022

Seminole County Republican Party Chairperson Ben Paris was found guilty of a scheme to siphon votes from a Democrat in a Florida Senate race. Prosecutors say Jestine Iannotti ran as an independent candidate but did not campaign and had no previous political experience. Iannotti illegally accepted a $1,200 cash donation from political consultant James Foglesong. Iannoitti and Foglesong falsely used the names of others as contributors in campaign finance reports to skirt Florida laws on donations.

Georgia – Election Deniers Repeatedly Visited Ga. County Office at Center of Criminal Probe, Video Shows
Portland Press Herald – Emma Brown and Jon Swaine (Washington Post) | Published: 9/6/2022

Technology consultants who sought evidence that Donald Trump’s 2020 defeat was fraudulent made multiple visits to a county elections office in rural Georgia in the weeks after an alleged post-election breach of voting equipment that is the subject of a criminal investigation. Surveillance video shows the consultants, Doug Logan and Jeffrey Lenberg, made two visits in January 2021 to the elections office in Coffee County. Lenberg made an additional five visits on his own. The two men are under investigation for separate alleged breaches of voting machines in Michigan.

Georgia – Judge Again Rejects Graham Bid to Throw Out Subpoena in Atlanta-Area Trump Probe
MSN – Kyle Cheney (Politico) | Published: 9/1/2022

A federal judge for the second time rejected U.S. Sen. Lindsey Graham’s effort to block a grand jury subpoena issued by the Atlanta-area district attorney investigating former President Trump and his allies’ effort to overturn the 2020 election in Georgia. District Court Judge Leigh Martin May ruled Graham’s claim to be immune from such questioning, thanks to the protections of the so-called speech or debate clause of the Constitution is not as sweeping as he claimed it to be. The ruling sends the matter back to the 11th Circuit Court of Appeals.

Illinois – Political Operative Tied to Ald. Daniel Solis Probe Pleads Guilty to Fraud
MSN – Jason Meisner (Chicago Tribune) | Published: 9/2/2022

Roberto Caldero, a political operative at the center of the investigation into former Ald. Daniel Solis, pleaded guilty to variety of fraud schemes, including an attempt to influence a massive Chicago Public Schools janitorial contact, and using the alderman’s clout to solicit campaign cash and get a park and street renamed for a donor’s relatives. There was new mention in the plea agreement of an elected official, identified only as Public Official A, whom Caldero enlisted to pressure then-Mayor Rahm Emanuel to support the awarding of the janitorial contract to a company Caldero represented.

Indiana – Contractor Avoids Prison, Ordered to Pay Sanitary District $104K
Yahoo News – Douglas Walker (Muncie Star Press) | Published: 9/6/2022

A contractor avoided a prison sentence after pleading guilty to a fraud-related count stemming from a federal investigation of corruption in Muncie city government. But Rodney Barber was ordered to pay $104,750 in restitution to the Muncie Sanitary District (MSD). He admitted paying Phil Nichols, a former Democratic Party chairperson, $5,500 in cash in exchange for winning a contract to do work for the district. Barber also acknowledged giving MSD official Tracy Barton $5,000 in cash to “illegally contribute” to then-Mayor Dennis Tyler’s re-election campaign.

Louisiana – New Orleans’ ‘Night Mayor’ Fails to Respond to State Ethics [Board] After Trying to Rule on Conflict
LocalToday – Ben Myers (New Orleans Times-Picayune) | Published: 9/6/2022

New Orleans Mayor LaToya Cantrell named Howlin’ Wolf nightclub owner Howard Kaplan as the first director of the city’s new Office of Nighttime Economy. When Cantrell was asked about potential ethical issues in hiring a nightclub owner to manage the city’s nighttime economy, she cited a pending opinion from the Louisiana Board of Ethics to argue “there is no conflict-of-interest here.” But an ethics board attorney, Mallory Guillot, now says Kaplan has not responded to “numerous” attempts to contact him with additional questions about his dual role as city official and business owner.

Massachusetts – Maura Healey to Face Trump-Backed Republican in Deep-Blue Massachusetts
MSN – Annie Linskey and David Weigel (Washington Post) | Published: 9/6/2022

Maura Healey, who made history as the country’s first openly gay state attorney general, will face former state legislator Geoff Diehl, who was endorsed by Donald Trump, in the Massachusetts governor’s race this November, a contest seen by analysts as one of the best chances for Democrats to flip control of a Republican-held seat. If she prevails in the fall, Healey would be the first woman elected governor of Massachusetts. Democratic primary voters in also picked a nominee for attorney general in a race that divided the two U.S. senators and other party leaders in the state.

Michigan – Michigan Sheriff Sought to Seize Multiple Voting Machines, Records Show
Reuters – Peter Eisler and Nathan Layne | Published: 8/30/2022

A sheriff in Barry County, Michigan, already under state investigation for alleged involvement in an illegal breach of a vote-counting machine, sought warrants in July to seize other machines to prove former President Trump’s claims of voter fraud in the 2020 election, documents showed. A member of the so-called constitutional sheriffs movement, which holds sheriffs have supreme law enforcement authority within their counties, exceeding that of state and federal agencies, Leaf has appeared at events around the country organized by proponents of Trump’s rigged election claims.

Nevada – Police Arrest County Official in Reporter’s Stabbing Death
Las Vegas Review-Journal – David Ferrara, Briana Erickson, and Glenn Puit | Published: 9/7/2022

A Las Vegas-area elected official was arrested as the suspect in the fatal stabbing of a veteran newspaper reporter who had written articles exposing complaints of wrongdoing at his office. Clark County Public Administrator Robert Telles was taken into custody hours after investigators served a search warrant in the criminal probe of the killing of Las Vegas Review-Journal reporter Jeff German. Soon after German’s investigation was published, Telles failed in his re-election bid, losing the Democratic primary in June.

New Mexico – New Mexico Bars Commissioner from Office for Insurrection
MSN – Morgan Lee (Associated Press) | Published: 9/6/2022

A New Mexico judge ordered convicted Capitol rioter Couy Griffin to be removed from his county commissioner seat, ruling the Cowboys for Trump founder’s involvement in the January 6, 2021, insurrection disqualified him from holding public office. Judge Francis Matthew formally labeled the Capitol attack as an insurrection and found Griffin’s involvement fell under the so-called Disqualification Clause of the 14th Amendment, which bars anyone from holding office if they took an oath to uphold the Constitution and then “engaged in insurrection or rebellion” or gave “aid or comfort” to insurrectionists.

New York – Former Trump Adviser Steve Bannon Charged with Defrauding Border Wall Donors
Yahoo News – Aaron Katersky (ABC News) | Published: 9/8/2022

Steve Bannon, a onetime political adviser to former President Trump, was charged by authorities in New York with defrauding donors to the We Build the Wall fundraising campaign for a wall along the U.S.-Mexico border. The indictment charges Bannon and We Build the Wall itself with two counts of money laundering. There are additional felony counts of conspiracy and scheme to defraud. The state charges resemble federal charges for which Bannon received a pardon from Trump and allege Bannon and We Build the Wall defrauded 430 Manhattan-based donors out of $33,600.

New York – How a Hochul Donor Received $637M in State Payments
Albany Times Union – Chris Bragg | Published: 9/8/2022

Last December, New York Gov. Kathy Hochul’s administration received an offer to buy 26 million at-home coronavirus tests from a distributor that happened to be a major campaign donor to the governor. The price offered by Digital Gadgets founder Charlie Tebele was $13 per test, far steeper than what other companies were proposing for similar rapid antigen tests. Hochul’s administration had just approved a deal with another firm to buy 5 million tests for just five dollars each. Still, the Hochul administration quickly agreed to pay $338 million to Digital Gadgets at the higher per-test price.

New York – Panel Rejects 3 of the 10 Nominees to New York’s New Ethics Body
Albany Times Union – Chris Bragg | Published: 9/2/2022

A panel tasked with reviewing nominations to New York’s new ethics and lobbying oversight panel rejected three out of ten nominations, while confirming seven others. One of those rejected was Gary Lavine, an outspoken former commissioner on the state’s prior ethics body. the Joint Commission on Public Ethics. Lavine’s rejection appears the most likely to set up a legal battle over a key aspect of the new law that established the Commission on Ethics and Lobbying in Government.

Ohio – Akron Organizers Turn to the Ballot Box for Civilian Oversight of Police
Ohio Capital Journal – Nick Evans | Published: 9/7/2022

A proposed ballot measure in Akron establishing civilian oversight for the police department comes on the heels of the police killing of Jayland Walker, a Black man shot nearly 50 times by Akron officers after fleeing a traffic stop. The amendment to the city charter would establish a new citizen review board with oversight of the city’s existing police auditor. The proposal also expands the auditor’s office and directs city council to spell out in statute what information the auditor can demand from the department. Organizers have turned in 7,000 petition signatures. That is more than two and a half times what they need.to get it on the November ballot.

Ohio – Redistricting: One year later, Ohio a unique, flawed case
Ohio Capital Journal – Susan Tebben | Published: 9/2/2022

One year after the saga of redistricting began, Ohio is seen as a unique case study in the legal strategies and flaws that can emerge in the process. A series of meetings of the Ohio Redistricting Commission were held, where the elected officials who constituted the commission interpreted and re-interpreted a constitutional amendment more than 70 percent of voters had approved to reform the redistricting. One year, five legislative map proposals and two congressional redraws later, the state will hold a general election in November with maps that have been ruled unconstitutional by the Ohio Supreme Court.

Oklahoma – Why Most Oklahoma State Legislative Races Are Uncontested
Oklahoma Watch – Keaton Ross | Published: 9/6/2022

Nearly 70 person of Oklahoma’s state legislative elections will be decided without a single vote cast in November. In 2018, nearly 75 percent of House and Senate races included candidates from at least two parties. Oklahoma now ranks among the nation’s least competitive states for legislative races. Without competitive local races, voters are more likely to become disengaged or feel alienated, studies have found. The same can happen to lawmakers who are not making their case to voters. A Georgetown University study found state legislators who run unopposed are less effective and engaged with constituents.

Oregon – Tina Kotek Wins Over Potential Rival with Embrace of Campaign Finance Changes
OPB – Dirk VanderHart | Published: 9/7/2022

Oregon gubernatorial candidate Tina Kotek removed one potential obstacle in the race. In private discussions, Kotek committed to using her position to advocate for some specific campaign finance regulations if elected governor. With that commitment, and a newly added policy platform on her website, a notable competitor for left-leaning votes has now stepped down. Nathalie Paravicini, running for governor under the banners of the Oregon Progressive Party and Pacific Green Party, filed a form withdrawing her candidacy. Oregon is one of a handful of states that place no limit on how much campaigns can raise and spend.

Tennessee – Registry of Election Finance to Audit Humble for Potential Illegal Coordination with PAC-Like Group
Tennessee Lookout – Sam Stockard | Published: 9/7/2022

The Tennessee Registry of Election Finance is set to audit former state Senate candidate Gary Humble to determine whether his campaign illegally coordinated with his nonprofit organization Tennessee Stands. Registry board member Tom Lawless raised questions about Tennessee Stands, which has a 501(c)(4) federal tax status, and whether it is operating as a PAC without registering with the state. Humble is executive director of the organization, which is intertwined with his political activity.

Texas – Appeals Court Sides with Texas Ethics Commission Over Lobbying Fine Against GOP Activist Michael Quinn Sullivan
MSN – Taylor Goldenstein (Houston Chronicle) | Published: 9/1/2022

An appeals court upheld a Texas Ethics Commission fine levied against conservative activist Michael Quinn Sullivan. He registered as a lobbyist from 2001 to 2009 but did not in 2010 and 2011. The court found Sullivan, acting on behalf of Empower Texans in 2010 and 2011, had lobbied state lawmakers. The judges dismissed Sullivan’s arguments that the commission was unconstitutionally exercising both legislative and executive branch powers. They reversed the trial court’s judgment on the amount of the fine – $10,000 – saying Sullivan is owed a jury trial on that question.

Washington – Data Shows How Well Seattle’s Democracy Voucher Program Is Working
Seattle Times – Gene Balk | Published: 9/2/2022

Seattle’s novel “democracy voucher” program for funding local elections is attracting attention. “… It could revolutionize local elections,” said Brian McCabe of Georgetown University, the co-author of a new study on the program. The study found the democracy voucher program does appear to be living up to its name by helping to democratize political giving in Seattle by diversifying the donor pool to better reflect the city’s population. It also found the rate of participation in the program rose most significantly among Black, Hispanic, and young voters, groups that have historically been underrepresented in the campaign finance system.

Washington – Washington State Judge Rules Facebook Violated Campaign Finance Rules
MSN – Naomi Nix (Washington Post) | Published: 9/2/2022

A judge ruled Facebook owner Meta repeatedly and intentionally violated Washington’s campaign finance law and must pay penalties. King County Superior Court Judge Douglass North said Facebook, which last year renamed itself Meta, repeatedly broke the state’s law requiring technology platforms make information about political ads available for public inspection in a “timely manner.” North also denied Meta’s attempt to invalidate the state’s decades-old law. The ruling arrives as Meta faces scrutiny over how much information it discloses about the way candidates use marketing campaigns on its networks.

Wisconsin – Ginni Thomas Pressed Wisconsin Lawmakers to Overturn Biden’s 2020 Victory
MSN – Emma Brown (Washington Post) | Published: 9/1/2022

Virginia “Ginni” Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, pressed lawmakers to overturn Joe Biden’s 2020 victory not only in Arizona, as previously reported, but also in a second battleground state, Wisconsin, according to emails. Ginni Thomas emailed 29 Arizona lawmakers in in November and December 2020. She urged them to set aside Biden’s popular-vote victory and “choose” their own presidential electors. The new emails show she also messaged two Republican lawmakers in Wisconsin: state Sen. Kathy Bernier, then chair of the Senate elections committee, and state Rep. Gary Tauchen.

September 7, 2022 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance Washington: “Washington State Judge Rules Facebook Violated Campaign Finance Rules” by Naomi Nix (Washington Post) for MSN Elections Georgia: “Election Deniers Repeatedly Visited Ga. County Office at Center of Criminal Probe, Video Shows” by Emma Brown and Jon […]

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