The Mississippi Legislature adjourned sine die on April 5 after over 90 days in session.

This extended session was highlighted by lowered state taxes, redistricting, and the creation of a medical marijuana program.

This does affect lobbyist reporting.

The lobbyist end-of-session activity report is due April 15.

Campaign Finance

New York: “Emails Reveal How Major Hochul Campaign Donors Seek Sway” by Chris Bragg for Albany Times Union

Elections

Georgia: “With Biden’s Voting Rights Push Stalled, Georgia Activists Regroup” by Matthew Brown (Washington Post) for MSN

Ethics

National: “Jan. 6 Panel Has Evidence for Criminal Referral of Trump, but Splits on Sending” by Michael Schmidt and Luke Broadwater (New York Times) for Yahoo News

California: “S.F.’s Environmental Official Resigns Over Alleged $25,000 Donation” by Adam Shanks and Jessica Wolfrom for San Francisco Examiner

Legislative Issues

National: “Partisan ‘Doom Loop’? The Answer Is More Parties, This Group Says” by Jim Saska (Roll Call) for MSN

Lobbying

National: “Crypto Industry Helps Write, and Pass, Its Own Agenda in State Capitols” by Eric Lipton and David Yaffee-Bellany (New York Times) for Seattle Times

Illinois: “Emails Show Valencia Promoted Smart City Development While Her Lobbyist Husband Profited from It” by Mark Maxwell for WCIA

Pennsylvania: “Draft Bills and Late-Night Emails Reveal Cozy Ties Between Pa. State Lawmaker, Casino Lobbyists” by Angela Couloumbis (Spotlight PA) for PennLive.com

Illinois lawmakers adjourned sine die early Saturday morning after passing a bill limiting contributions to judicial self-funding political committees and independent expenditure committees.

Amendment to House Bill 716 prohibits self-funding political committees and independent expenditure committees established to support or oppose a state judicial candidate from accepting contributions from any single person, other than the candidate or the candidate’s immediate family, in a cumulative amount exceeding $500,000 in any election cycle.

Supporters of the bill argue this does not conflict with federal law established in Citizens United v. Federal Election Commission because the state’s interest in preserving public confidence in the integrity of its judiciary extends beyond its interest in preventing the appearance of corruption in non-judicial elections.

If Governor Pritzker signs the bill, it will become effective immediately and would apply to judicial elections this year.

A lawsuit has been filed in federal court challenging the constitutionality of campaign finance rules passed in a 2020 voter initiative in Alaska.

The newly filed suit focuses on the disclosure requirements of the initiative, stating the requirements hinder free speech and could lead to reprisals against donors.

The disclosure requirements include a disclaimer and reporting for ads concerning contributions greater than $2,000 given to or received by independent expenditure groups.

The embattled voter initiative already faced challenges in court over the open primary system and ranked-choice voting provisions of the law.

The Seattle Ethics and Elections Commission has raised the limit for contributions given to a candidate for mayor, City Council, or city attorney to $600 per election cycle.

This limit only applies to candidates who are not participating in the Democracy Voucher Program.

Contribution limits are adjusted before each election cycle to account for inflation or deflation using the consumer price index.

Campaign Finance

National: “Campaign Finance Watchdog Issues Massive Fine for Foreign National’s Trump Super PAC Donation” by Zach Montellaro and Myah Ward (Politico) for MSN

Alaska: “Lawsuit Challenges Alaska Campaign Disclosure Rules” by Becky Bohrer (Associated Press) for Alaska Public Media

Elections

Wisconsin: “Elections Commission Fines Election Denier $2,400 for Frivolous Voter Fraud Allegations” by Mitchell Schmidt (Wisconsin State Journal) for Madison.com

Ethics

National: “DOJ Plans to Investigate Boxes of Records Taken to Trump’s Mar-a-Lago” by Matt Zapotosky and Jacqueline Alemany (Washington Post) for MSN

Michigan: “Jury Acquits Two in Michigan Governor Kidnap Plot; Deadlocks on Two Others” by Devlin Barrett (Washington Post) for MSN

New Jersey: “With Revelation of Racist Recordings, Prosecutors Face Scrutiny Over Their Handling of Investigation” by Riley Yates and S.P. Sullivan (NJ Advance Media) for MSN

New York: “Read: The plan to replace JCOPE” by Chris Bragg for Albany Times Union

Lobbying

Minnesota: “Elephants in the Room? Bill Language Would Ban Private Clubs for Lawmakers, Lobbyists Proposed by GOP Campaign Committee” by Peter Callaghan for MinnPost

Utah lawmakers passed a lobbying transparency bill establishing requirements for foreign agents and amending the definition of lobbying.

House Bill 90 defines the term foreign agent and requires a foreign agent to register with the lieutenant governor.

Under the bill, a foreign agent must complete a foreign agent registration form, license application form, and wear an indicating name tag in at least 14-point type.

Additionally, the definition of lobbying includes influencing local action, such as an ordinance or purchasing decision, or education action, such as a nomination or appointment by an official or board.

The bill will become effective May 4.

Question: For federal income tax purposes, our organization has been using the aggregate amounts reported on our quarterly LD-2 lobbying activity report as our non-deductible lobbying expenses.  Can the expenditures we compile for LDA reporting be used interchangeably for tax purposes?

Answer: In a word: maybe – depending on the method of LDA reporting you’ve opted to follow.  If you file your LD-2 report using the IRC definitions (method C), then the number you compile and report on your LD-2 can be used interchangeably for tax purposes.  However, if you compile and report your quarterly lobbying expenditures using LDA definitions (method A), the results will not accurately reflect non-deductible lobbying expenses as defined by the IRS.  Because the definition of “lobbying” differs between the LDA and the IRC, the two compilation methods will produce very different results.  If you use LDA definitions to compile your quarterly LD-2, your organization must employ a second process by which to determine your non-deductible lobbying expenses for tax purposes.  A lobbying registrant can determine each year which method they will use to compile the LD-2 report.  Once a method has been selected, a registrant must use that method for all four quarterly reports during that year.  The upcoming first quarter report is a good time to revisit the compilation method used and make changes if elected for 2022.

For more information about filing methods and reporting requirements visit our online publication Federal Lobbying Compliance Law section.

National/Federal

Democrats Unveil Bill to Impose Ethics, Recusal Standards on Supreme Court
Yahoo News – Harper Neidig (The Hill) | Published: 4/6/2022

A group of Democratic lawmakers introduced legislation that would force the U.S. Supreme Court to adopt various ethics standards. Sen. Sheldon Whitehouse said the bill is aimed at addressing a lack of clear, enforceable standards for when justices should recuse themselves. The legislation largely mirrors previous bills aimed at reforming judicial ethics at the Supreme Court, but Democrats said there is a new urgency behind the effort amid outcry over revelations involving Ginni Thomas, a Republican activist and the wife of Justice Clarence Thomas.

Dissatisfied with Their Party, Wealthy Republican Donors Form Secret Coalitions
Yahoo News – Kenneth Vogel, Shane Goldmacher, and Ryan Mac (New York Times) | Published: 4/7/2022

A new coalition of wealthy conservative benefactors that says it aims to “disrupt but advance the Republican agenda” gathered for a private summit recently at former President Trump’s Mar-a-Lago resort. The coalition, called the Rockbridge Network, includes some of Trump’s biggest donors, such as Peter Thiel and Rebekah Mercer, and has laid out an ambitious goal – to reshape the American right by spending more than $30 million on conservative media, legal, policy, and voter registration projects, among other initiatives.

Flurry of New Laws Move Blue and Red States Further Apart
Yahoo News – Shawn Hubler and Jill Cowan (New York Times) | Published: 4/3/2022

Spurred by a U.S. Supreme Court that is expected to soon upend an array of longstanding rights, including the constitutional right to abortion, left-leaning lawmakers from Washington to Vermont have begun to expand access to abortion, bolster voting rights and denounce laws in conservative states targeting LGBTQ. minors. The flurry of action, particularly in the West, is intensifying already marked differences between life in liberal- and conservative-led parts of the country. It is a sign of the consequences when state governments are controlled increasingly by single parties. Control of legislative chambers is split between parties now in two states – Minnesota and Virginia – compared with 15 states 30 years ago.

Former GOP Lawmaker Pardoned by Trump Hit with Campaign Finance Fines
NBC News – Zoë Richards | Published: 4/1/2022

Former U.S. Rep. Duncan Hunter, who was pardoned by former President Trump in 2020, agreed to pay an FEC fine over misuse of campaign funds. Hunter and his wife Margaret Hunter, his former campaign manager, said they would pay $12,000 “solely for the purpose of settling this matter only and without admitting liability.” Hunter’s campaign committee agreed to pay a separate $4,000 fine. The FEC said due to his campaign’s “lack of financial resources,” the agency sought a smaller than usual fine, noting it would typically seek a “substantially higher civil penalty” of $133,000 based on the violations.

GAO: Most lobbyists follow disclosure rules, but some leave out details
Roll Call – Kate Ackley | Published: 4/5/2022

More than 90 percent of lobbyists provided documentation to back up their publicly reported income and expenses, the Government Accountability Office concluded after conducting routine audits of registered lobbyists to assess compliance with the Lobbying Disclosure Act. Still, the audit found some 35 percent of reports may have omitted previous government employment, which lobbyists are required to list. About seven percent missed some campaign contributions that lobbyists are required to report.

Garland Faces Growing Pressure as Jan. 6 Investigation Widens
Seattle Times – Michael Schmidt, Katie Rogers, and Katie Benner (New York Times) | Published: 4/2/2022

Attorney General Merrick Garland’s deliberative approach to investigating the riot at the Capitol has come to frustrate Democratic allies of the White House and, at times, President Biden himself. As recently as late last year, Biden confided to his inner circle that he believed former President Trump was a threat to democracy and should be prosecuted. While Biden has never communicated his frustrations directly to Garland, he has said privately he wanted Garland to act less like a ponderous judge and more like a prosecutor who is willing to take decisive action over the events of January 6, 2021.

House Judiciary Delves into FARA in First Dedicated Hearing in 30 Years
Politico – Caitlin Oprysko | Published: 4/5/2022

Lawmakers, a legal scholar, government watchdogs, and a nonprofit advocate debated whether the Foreign Agents Registration Act (FARA) should be expanded or reined in during a recent hearing, the first such session dedicated to FARA held by the House Judiciary Committee since 1991. The hearing held by the panel’s subcommittee on the Constitution, civil rights, and civil liberties, largely revolved around how to balance the transparency objectives of FARA and target the law without infringing upon or having a chilling effect on the constitutionally protected activities that the statute regulates.

House Votes to Hold Ex-Trump Aides Navarro, Scavino in Contempt of Congress
MSN – Jacqueline Alemany, Matt Zapotosky, and Josh Dawsey (Washington Post) | Published: 4/6/2022

The House voted to hold two former aides to ex-President Trump in contempt of Congress for refusing to comply with subpoenas related to the investigation into the attack on the Capitol by a pro-Trump mob. The vote results in criminal referrals to the Justice Department, which will decide whether to charge former trade and manufacturing director Peter Navarro and former White House communications chief Daniel Scavino Jr. with misdemeanors that can result in up to one year in prison and a fine of up to $100,000.

How Trump Allies Are Pushing to Hand-Count Ballots Around the U.S.
MSN – Rosalind Helderman, Amy Gardner, and Emma Brown (Washington Post) | Published: 4/4/2022

Allies of former President Trump are traveling the country to press for hand-counted paper ballots in elections. In recent weeks, officials have discussed the idea in public meetings in Colorado, Louisiana, Kansas, Nevada, and New Hampshire, and bills to require hand-counting have been proposed in at least six states. None of the statewide bills have passed, nor have the proposals gotten traction in large jurisdictions. But there has been increasing pressure placed on Republicans to endorse the idea, and some smaller towns and counties are now seriously considering it. Top backers of Trump’s election fraud claims are investing heavily in the effort to promote hand-counting and using the pitch to raise money from supporters.

Inside the Consulting Firm Run by Ginni Thomas, Wife of Supreme Court Justice Clarence Thomas
MSN – Brian Schwartz (CNBC) | Published: 4/5/2022

Ginni Thomas runs a little-known consulting company that some campaign watchdog groups say could create yet another conflict-of-interest for her husband, U.S. Supreme Court Justice Clarence Thomas. Text messages show Ginni Thomas prodded former President Trump’s then chief of staff, Mark Meadows, in late 2020 to try to overturn the presidential election results. It has led to calls by lawmakers to create a formal Supreme Court code of ethics. Very little is known about her company, Liberty Consulting, which is listed as an asset on her husband’s Supreme Court disclosures.

Nonprofits Help Fill the Gap in Statehouse News Coverage
Governing – Alan Greenblatt | Published: 4/6/2022

Nationwide, the number of statehouse reporters employed at nonprofit news outlets has grown from 92 in 2014 to 353 today. That means they represent 20 percent of the total statehouse press corps, up from just six percent in 2014, according to a new study. Journalism in general is in decline but it appears statehouse reporting will not vanish, thanks in large part to nonprofit newsrooms. But fewer than half of the state-level journalists are full-time reporters, according to the research. The rest are only covering Legislatures or other parts of state government part time, or they are interns or support staff.

U.S. Judge Acquits Jan. 6 Defendant Who Said He Was Waved in by Police
MSN – Spencer Hsu (Washington Post) | Published: 4/6/2022

A federal judge found a former U.S. Energy Department contract engineer not guilty of trespassing and disorderly conduct in the attack on the Capitol, saying the defendant plausibly argued that police officers allowed him into the building. U.S. District Court Judge Trevor McFadden, a Donald Trump appointee, acquitted Matthew Martin of four misdemeanor counts of trespassing and disorderly conduct in a bench trial, handing the Justice Department its first defeat in a Capitol breach prosecution.

Canada

Canada – Foreign-Lobbyist Registry Finds Support Among Canadian Critics of Russia, Iran and China
The Globe and Mail – Steven Chase | Published: 4/7/2022

A bill that would set up a public registry to track those seeking to influence government on behalf of foreign countries is gaining support among Canadians concerned about the efforts by Russia, Iran, and China to lobby policymakers. The legislation would require those acting on behalf of a foreign government or entities related to that government to register. This obligation would be triggered if they seek to influence public policy, legislation, regulations, and government programs or if they want to set up meetings with public officeholders.

From the States and Municipalities

Arkansas – Firm Paying $8M to Arkansas, Feds Over Corruption Probe
MSN – Associated Press | Published: 3/31/2022

The nonprofit that was at the center of a corruption probe that involved several legislators is paying more than $6.9 million to the federal government and more than $1.1 million in restitution to Arkansas. Federal prosecutors announced the non-prosecution agreement with Preferred Family Healthcare. Several former executives from the charity, former Arkansas legislators, and others have pleaded guilty as part of the corruption probe.

Colorado – Former Colorado Elections Official Tina Peters May Have Breached a State Ethics Law by Accepting a Private Plane Ride from Mike Lindell
Yahoo News – Cheryl Teh (Business Insider) | Published: 4/5/2022

Former Colorado elections official Tina Peters may have flouted a state ethics law by accepting a private plane ride from MyPillow founder Mike Lindell. He said he gave Peters a lift on his private jet in August when he flew her to his cyber-symposium in South Dakota. Peters’ acceptance of the place ride may have violated Amendment 41, which prohibits public officials like Peters from receiving gifts, including travel, that cost more than $65.

Florida – Federal Judge Overturns Parts of Florida Election Law, Citing ‘Horrendous History’ of Racism
Yahoo News – Gary Fineout (Politico) | Published: 3/31/2022

A federal judge struck down key provisions of a 2021 Florida election law championed by Gov. Ron DeSantis and ruled the state must get court approval for the next 10 years before it enacts further changes in three areas. Chief U.S. District Court Judge Mark Walker said the law placed restrictions on voters that were unconstitutional and discriminated against minority citizens. Those included limits on drop boxes used for mail-in voting, on giving items to voters waiting in line, and new requirements placed on voter registration groups. Walker framed Florida’s law as another in a long line of changes that were aimed at Democrats but wound up placing an illegal burden on minorities.

Florida – Inside the Scott Maddox Messages: A Tallahassee Democrat investigation into back-door dealings
Yahoo News – Jeff Burlew, Jeffrey Schweers, and Karl Etters (Tallahassee Democrat) | Published: 4/5/2022

Before federal prosecutors unveiled their case in the public corruption trial of John Burnette, a treasure trove of sealed government evidence found its way online because of a mix-up by someone on the defense team. The evidence consisted of hundreds of text messages to and from former Tallahassee Mayor Scott Maddox, the central figure in the FBI’s “Operation Capital Currency” investigation and one of Burnette’s co-defendants. The messages between Maddox and numerous political movers and shakers laid bare the way he conducted business behind the scenes during his last years in office. Maddox is set to be sentenced in the case.

Florida – Legislature Delivers Gov. DeSantis Second Pass at Limiting Big Dollar Influence in Ballot Initiatives
Florida Politics – Renzo Downey | Published: 4/5/2022

Legislative leaders officially sent Florida Gov. Ron DeSantis their second attempt to limit spending in the ballot initiative process after last year’s proposal met legal hurdles. House Bill 921 would limit non-Floridians from donating more than $3,000, and out-of-state political committees from receiving donations worth more than $3,000, when it comes to ballot initiatives in the petition-gathering process. Critics say it still runs afoul of the U.S. Supreme Court’s Citizens United decision protecting political contributions as free speech.

Georgia – State Worker Accused of Using Fake Belly to Pretend She’s Pregnant Skirts Prison in GA
MSN – Hayley Fowler (Charlotte Observer) | Published: 4/4/2022

A former state employee in Georgia accused of concocting an elaborate sham pregnancy that included a made-up father and pretend baby bump will not go to prison after she pleaded guilty to criminal charges. Robin Folsom pleaded guilty to charges of identity theft and making false statements. A judge sentenced her to five years of probation and 40 hours of community service as a result. She was also ordered to pay $12,307 in restitution. Folsom is accused of lying about her pregnancies to receive 265 hours of paid leave under the Family Medical Leave Act.

Georgia – Would Longer Session Help Georgia Legislature?
Georgia Public Broadcasting – Craig Nelson | Published: 3/31/2022

Critics wonder if the traditional flurry of last-minute activity at the end of the 40-day legislative session is compatible with Georgia’s oft-stated ambition to be a major economic and political player in the nation and lawmakers’ duty to oversee a fiscal year budget now exceeding $30 billion. They say even more problematic is the lack of ethnic, gender, and economic diversity that the so-called citizen legislator model engenders.

Kansas – Kansas Statehouse Subpoenas, Pay-to-Play Allegations, Consultants’ Feud Disrupt End of Session
Kansas Reflector – Tim Carpenter | Published: 4/3/2022

Before adjourning the legislative session, Republican lawmakers attempted to write into law a requirement that the executive director of the Governmental Ethics Commission hold a Kansas license to practice law. The target of their ire was Executive Director Mark Skoglund, the top regulator of legislators’ campaign finance activities who fell out of favor among some Republicans. The final hours also featured the disclosure that the ethics commission issued subpoenas to GOP legislators and political operatives as part of an investigation into PACs tied to conservative causes and lawmakers.

Louisiana – Jeff Landry Spent $420,000+ from Campaign Donors on His Own Staffing Company
Corporation Crime Commission – Andrea Gallo (The Advocate) | Published: 3/31/2022

Louisiana Attorney General Jeff Landry has directed more than $420,000 in campaign money to a staffing company he owns. His practice of cutting campaign checks to companies he owns stretches back to at least 2007 but has accelerated in recent years. A spokesperson for Landry says the payments are perfectly legal, and the attorney general only runs his campaign staff payroll through UST Staffing because it is efficient. Landry is the only statewide official in using such a system, and the net effect is that his campaign reports do not show how many people work for his campaign, or who they are.

Maryland – Hogan Signs New Md. Congressional Map into Law, Ending Legal Battles
MSN – Meagan Flynn and Ovetta Wiggins (Washington Post) | Published: 4/4/2022

Gov. Larry Hogan signed a new Maryland congressional map into law, ending legal battles over the congressional maps that had left the state’s campaigns in limbo. Hogan agreed to enact the new map after the Maryland attorney general’s office said it would abandon its appeal of a judge’s ruling that found the previous map was an unconstitutional partisan gerrymander. Republican also plaintiffs agreed to abandon challenges to the new map. The agreement means that, after months of legal wrangling, Maryland’s congressional map is set for the upcoming midterm elections and for the next decade.

Maryland – Latinos Find Little Room in Majority African American County
MSN – Rachel Chason (Washington Post) | Published: 4/4/2022

As they watched their communities devastated by hunger and sickness, a group of Latino leaders in Prince George’s County said their struggle for resources during the coronavirus pandemic was exacerbated by the near-total lack of Latino officials in the government. A cohort of Latino leaders who issued a statement six months ago highlighting the lack of representation say their requests for an audit have been dismissed and their calls for the administration to change its recruitment practices have gone unanswered. It’s an old friction in Prince George’s that was felt anew as the pandemic underscored inequities faced by Black and Latino communities nationwide, with both historically marginalized groups struggling for resources.

Michigan – Michigan AG Hopeful Tom Leonard’s Fundraising Draws Fairness Concerns
Bridge Michigan – Yue Stella Yu | Published: 4/1/2022

John Kennedy was sure who he wanted elected as Michigan’s next attorney general, and money was not a problem. But Kennedy did not know how much money his desired candidate, former House Speaker Tom Leonard, needed to win. “We asked him what the maximum we could give to the campaign was,” said Kennedy. The maximum an individual can give to someone running for statewide office in Michigan is $7,150. But Kennedy and his wife wrote multiple checks totaling $39,300 to support Leonard’s bid. The Kennedys each contributed their individual maximum to Leonard’s campaign. But John Kennedy then wrote a second check for $25,000 to one of Leonard’s leadership PACs, the Michigan Values Leadership Fund.

Mississippi – Phil Bryant Had His Sights on a Payout as Welfare Funds Flowed to Brett Favre
MSN – Anna Wolfe (Mississippi Today) | Published: 4/5/2022

Former Mississippi Gov. Phil Bryant used the authority of his office, the weight of his political influence, and the power of his connections to help his friend and retired NFL quarterback Brett Favre boost a pharmaceutical venture. Then Bryant tried to cash in on the project when he left office, text messages show. Favre met with Bryant’s welfare officials to strike a deal for a $1.7 million investment in the biomedical startup Prevacus, which promised it had found a treatment for concussions. Prosecutors now say that money was stolen from a federal program intended to serve the state’s poorest residents, a pot of money that had virtually no oversight.

Nevada – Former Democratic Assemblyman Indicted for Campaign Fund Theft, Falsifying Documents
Nevada Independent – Sean Golonka | Published: 3/31/2022

A grand jury indicted former Nevada Assembly member Alexander Assefa on 14 charges, finding probable cause Assefa stole tens of thousands of dollars from his campaign account and lied about his residency on candidacy forms. During the 2019 legislative session, lawmakers updated the penalty thresholds for crimes of theft, but because Assefa committed the crimes before implementation of the change, he was charged under the previous law.

New Hampshire – Trump Aide Seeking NH House Seat Voted in 2 States in 2016
MSN – Brian Slodysko and Holly Ramer (Associated Press) | Published: 4/5/2022

A former Trump administration official now running for Congress in New Hampshire voted twice during the 2016 primary election season, potentially violating federal voting law. Matt Mowers, a leading GOP primary candidate looking to unseat U.S. Rep. Chris Pappas, cast an absentee ballot in New Hampshire’s 2016 presidential primary. At the time, Mowers served as the director of former New Jersey Gov. Chris Christie’s presidential campaign. After Christie’s bid fizzled, Mowers cast another ballot in New Jersey’s Republican presidential primary, using his parents’ address to re-register in his home state.

New Jersey – A Bribe Is a Bribe, Court Says, Ruling That a Mayoral Candidate Is Subject to N.J. Corruption Laws
Newark Star Ledger – Ted Sherman (NJ Advance Media) | Published: 4/4/2022

An appeals court reinstated the bribery indictment against former Bayonne mayoral candidate Jason O’Donnell. The ruling reverses a controversial trial court’s decision to throw out the case last year because O’Donnell was not an elected public official when he reportedly took $10,000 in a paper bag in a corruption sting set up by the New Jersey attorney general’s office. In that earlier decision, a Superior Court judge concluded that as a candidate for public office, O’Donnell had no power to make any promises in return for the cash payment prosecutors say he accepted. He later lost the election.

New Jersey – Emails Reveal Prominent Law Firms Were Among Donors to Caddle’s Dark Money Groups
Yahoo News – Matt Friedman (Politico) | Published: 4/6/2022

An attorney for one of the biggest school districts in New Jersey raised money from law firms that funded a “dark money” group run by political operative Sean Caddle, who has admitted hiring two men to kill an associate. The group, in turn, indirectly paid for ads and canvassing to boost the political faction that had hired the lawyer, Jonathan Williams. Emails reveal some of the donors to a network of “dark money” organizations Caddle and Gianni Donates formed in what appeared to be an effort to hide the source of the money spent on municipal elections around the state, a network that has drawn interest from state and federal investigators.

New York – Cuomo Files Lawsuit and Complaint Targeting Ethics Commission
Albany Times Union – Brendan Lyons | Published: 4/2/2022

Former New York Gov. Andrew Cuomo is waging a legal counter assault on the Joint Commission on Public Ethics (JCOPE). His attorney, Rita Glavin, filed a complaint asking the state inspector general’s office to investigate their claim that members of the commission or its staff leaked confidential information about Cuomo’s dealings with the ethics panel. Glavin also filed a lawsuit in state Supreme Court challenging JCOPE’s efforts to make him return more than $5 million in proceeds from a book he wrote about his administration’s handling of the coronavirus pandemic.

New York – New York Judge Strikes Down Democratic-Drawn Maps
MSN – Colby Itkowitz (Washington Post) | Published: 3/31/2022

A New York judge struck down the state’s new congressional and legislative maps as defying a voter-backed constitutional amendment that aimed to end partisan gerrymandering. State Supreme Court Judge Patrick McAllister ordered state lawmakers to draw bipartisan maps by April 11 or the court will appoint an independent map drawer to do it. The state will appeal the decision, triggering an automatic stay until the state appeals court takes it up.

Ohio – Former DeWine Aide Warned Governor About Utility Regulator Before the FBI Raided His Home
Ohio Capital Journal – Jake Zuckerman | Published: 4/4/2022

More than two years before FirstEnergy admitted paying Ohio’s top utility regulator a $4.3 million bribe, Mike DeWine’s former campaign treasurer warned senior aides to the new governor about the eventual nominee’s “opaque and undisclosed” financial ties to the company. The warning came in a 198-page dossier alleging Sam Randazzo, a lawyer and lobbyist who represented gas companies and industrial scale electricity buyers, uses businesses registered in his name to “funnel” money from FirstEnergy to buy real estate.

Ohio – New Whistleblower Policy Would Require Cuyahoga County Employees to Report County Ethics – but Not State, Federal – Violations
MSN – Kaitlin Durbin (Cleveland Plain Dealer) | Published: 4/6/2022

In what is expected to be the final revision, the Cuyahoga County Council members compromised on a whistleblower policy that limits mandatory reporting only to elected officials, employees, and board members with “actual knowledge” of county ethics violations. It also takes them off the hook for having to speak up if they know the violation has already been reported by someone else.

South Carolina – SC GOP Lawmaker Hit with 133 SC Ethics Charges Alleging Spending, Reporting Violations
MSN – Maayan Schechter (The State) | Published: 4/5/2022

South Carolina Rep. Jonathan Hill faces 133 ethics-related charges for allegedly violating the state’s campaign spending and disclosure laws that includes an allegation he spent campaign cash on a personal mortgage. Hill has long been at odds with his own party. He is the only Republican who is not a member of the House Republican Caucus after he was indefinitely suspended after publicly criticizing leadership, sharing private caucus conversations, and posting lawmakers’ cellphone numbers online.

South Dakota – South Dakota Lawmaker Gave Attorney General Jason Ravnsborg Legal Advice After Fatal Crash
Yahoo News – Associated Press | Published: 4/6/2022

A lawmaker who will cast a vote on whether to impeach South Dakota Attorney General Jason Ravnsborg says he gave him legal advice following Ravnsborg’s involvement in a fatal car crash. Rep. Scott Odenbach, who at the time was running for the seat he eventually won, said Ravnsborg reached out to him for input on a public statement that was released two days after the attorney general struck and killed Joe Boever, a pedestrian who was walking along a rural highway.

Tennessee – Ethics Reform Bill to Tamp Down on Corruption Clears First Hurdle in Tennessee Senate
Tennessee Lookout – Sam Stockard | Published: 4/5/2022

Legislation designed to make ethics laws more transparent passed its first committee. Senate Bill 1005 now goes to the Senate floor. The bill would require increased reporting for lawmakers, PACs, some key staff members, and groups with 501c4 tax designations. Lawmakers, for instance, would be required to report all contributions and expenses. The Legislature has been embroiled in an FBI investigation for more than three years, part of which focuses on the formation of shady political committees and vendors that did business with the House Republican Caucus and GOP members.

Tennessee – Nashville Council Censures Member Jonathan Hall for Campaign Finance Violations
Yahoo News – Cassandra Stephenson (Tennessean) | Published: 4/6/2022

Nashville’s Metro Council voted to censure Jonathan Hall for campaign finance-related ethics violations, an uncommon move for the 40-member body. The Board of Ethical Conduct recommended censure after concluding Hall violated the ethics code by failing to file required financial disclosures in 2018, 2019, and 2020. The Tennessee Registry of Election Finance voted in January to impose a $360,000 penalty on Hall for 36 violations. Registry board members delayed their reconsideration of the penalty pending updates from local authorities.

Texas – Texas Is Quietly Using Redistricting Lawsuits to Launch a Broader War Against Federal Voting Rights Law
Texas Tribune – Alexa Ura | Published: 4/4/2022

Over the years, Texas lawmakers have repeatedly been ordered to correct gerrymandering that suppressed the political power of Black and Hispanic voters. The pathway to federal court has been through the Voting Rights Act. Key portions of the law have been weakened in the last decade, but Texans of color still find a way to file lawsuits under its Section 2, which prohibits discriminatory voting procedures and practices that deny voters of color an equal opportunity to participate in elections. Tucked into the legal briefs the state has filed this year with a three-judge panel considering redistricting lawsuits are two arguments that reach far beyond the validity of the specific maps being challenged.

Wisconsin – Robin Vos Found in Contempt of Court for Failing to Turn Over Records About the Republican Election Review
Yahoo News – Patrick Marley (Milwaukee Journal Sentinel) | Published: 3/30/2022

A judge found Wisconsin Assembly Speaker Robin Vos in contempt of court for failing to release documents related to a Republican-run review of the 2020 election. Dane County Judge Valerie Bailey-Rihn ordered Vos and the Assembly to turn over records within 14 days and to each pay $1,000 per day if they fail to do that. Vos has approved spending up to $676,000 in taxpayer funds on the election review, but the review and its related legal expenses could exceed that amount.

Campaign Finance

Florida: “Legislature Delivers Gov. DeSantis Second Pass at Limiting Big Dollar Influence in Ballot Initiatives” by Renzo Downey for Florida Politics

New Jersey: “Emails Reveal Prominent Law Firms Were Among Donors to Caddle’s Dark Money Groups” by Matt Friedman (Politico) for Yahoo News

South Carolina: “SC GOP Lawmaker Hit with 133 SC Ethics Charges Alleging Spending, Reporting Violations” by Maayan Schechter (The State) for MSN

Tennessee: “Nashville Council Censures Member Jonathan Hall for Campaign Finance Violations” by Cassandra Stephenson (Tennessean) for Yahoo News

Ethics

National: “Nonprofits Help Fill the Gap in Statehouse News Coverage” by Alan Greenblatt for Governing

National: “Democrats Unveil Bill to Impose Ethics, Recusal Standards on Supreme Court” by Harper Neidig (The Hill) for Yahoo News

Colorado: “Former Colorado Elections Official Tina Peters May Have Breached a State Ethics Law by Accepting a Private Plane Ride from Mike Lindell” by Cheryl Teh (Business Insider) for Yahoo News

Tennessee: “Ethics Reform Bill to Tamp Down on Corruption Clears First Hurdle in Tennessee Senate” by Sam Stockard for Tennessee Lookout

Lobbying

National: “House Judiciary Delves into FARA in First Dedicated Hearing in 30 Years” by Caitlin Oprysko for Politico

Redistricting

Maryland: “Hogan Signs New Md. Congressional Map into Law, Ending Legal Battles” by Meagan Flynn and Ovetta Wiggins (Washington Post) for MSN

Voters in St. Louis, Missouri passed Proposition R, amending the city charter to include several new conflicts of interest provisions.

Proposition R prohibits alderpersons from knowingly using their official position to influence others for their own financial benefit; requires alderpersons to declare personal or financial conflicts of interest and abstain from voting when there are conflicts of interest; prohibits alderpersons from accepting employment or contracts that interfere with the discharge of public duties or create conflicts of interest; and requires former alderpersons to wait at least one year before serving as a lobbyist to influence a city government decision.

Proposition R also transfers redistricting from the Board of Alderpersons to a nine-member redistricting commission and changes the name of the Board of Aldermen to the Board of Alderpersons.

The charter changes take effect when the election is certified, which will take two to three weeks.

The Missouri Ethics Commission has four vacant seats out of six, leaving it two people short to decide any issues.

The commission had to delay a decision on a complaint filed against Columbia mayoral candidate Randy Minchew on March 15, citing the lack of commissioners.

Under state law, the commission is required to act within 15 days of receiving a complaint against a candidate for the municipal election.

However, because the terms of four commissioners ended on March 16, there are only two active members of the commission.

Commissioners are appointed by the governor with the advice and consent of the Senate for a four-year term.

Kelli Jones, spokeswoman for Gov. Mike Parson, said that Parson plans to appoint two people to the commission in the next two weeks.

Elections

National: “How Trump Allies Are Pushing to Hand-Count Ballots Around the U.S.” by Rosalind Helderman, Amy Gardner, and Emma Brown (Washington Post) for MSN

New Hampshire: “Trump Aide Seeking NH House Seat Voted in 2 States in 2016” by Brian Slodysko and Holly Ramer (Associated Press) for MSN

Ethics

National: “Inside the Consulting Firm Run by Ginni Thomas, Wife of Supreme Court Justice Clarence Thomas” by Brian Schwartz (CNBC) for MSN

Florida: “Inside the Scott Maddox Messages: A Tallahassee Democrat investigation into back-door dealings” by Jeff Burlew, Jeffrey Schweers, and Karl Etters (Tallahassee Democrat) for Yahoo News

Georgia: “State Worker Accused of Using Fake Belly to Pretend She’s Pregnant Skirts Prison in GA” by Hayley Fowler (Charlotte Observer) for MSN

Mississippi: “Phil Bryant Had His Sights on a Payout as Welfare Funds Flowed to Brett Favre” by Anna Wolfe (Mississippi Today) for MSN

New Jersey: “A Bribe Is a Bribe, Court Says, Ruling That a Mayoral Candidate Is Subject to N.J. Corruption Laws” by Ted Sherman (NJ Advance Media) for Newark Star Ledger

Lobbying

National: “GAO: Most lobbyists follow disclosure rules, but some leave out details” by Kate Ackley (Roll Call) for MSN

Texas Gov. Greg Abbott set June 14 as the date for an emergency special election to fill the House seat vacated by Democratic Rep. Filemon Vela.

Vela resigned from Congress on March 31 just months before the end of his current term that would have ended in January. Vela is among 31 House Democrats who said they would not seek reelection this year.

The winner of the election will only have the seat for five months before the November midterms determine who will represent the 34th Congressional District for the following two years.