Last September, we welcomed a new Manager of Research Services to our team: Sam Wilkinson, Esq. For the past year, Sam has been refining his expertise in our Research Department, and the jurisdictions he covers, which include Maryland, Alabama, Florida, Georgia, Mississippi, North and South Carolina, Tennessee, the U.S. Virgin Islands, Virginia, and West Virginia.

Sam knew he wanted to be a lawyer since he was in high school. He was exposed to stories about practicing law through media and was inspired to help people.

“The core tenant was to be the kind of person that could help people in one of the scarier moments of their lives, and that’s what I want to do. That’s the kind of person I want to be,” he explained.

Sam attended the University of Akron School of Law after graduating from Ohio State University with a degree in theatre and an associate’s degree from Stark State College.

When it comes to his role as a Manager of Research Services, Sam finds many aspects of the job rewarding.

For him, the best part of the job is being able to help clients with questions they ask through our “Ask the Experts” feature. When those questions cover topics that may be a gray area or when something doesn’t make sense, our Research Managers like Sam get the chance to help, and sometimes advocate, on behalf of our clients.

An example Sam gave was regarding a special election where a special disclosure was required. When trying to find the filing date for the special disclosure, Sam was looking at the jurisdiction’s ethics commission website and couldn’t find the form. Upon calling around and talking to people at that ethics commission, it was discovered that the wrong form had been uploaded. Sam was able to get the matter sorted with the director of that ethics commission and get the correct information uploaded, making disclosure filing easy and possible for clients and our Compliance Managers who may be doing that on behalf of our clients.

He also said, “Becoming familiar with how government operates and how those intricate rules and ethics go together is the interesting bit for me,” he explained.

In addition to this, Sam’s role includes maintaining the website and guidebook entries for his jurisdictions and answering questions from clients.

The State and Federal Communications, Inc. team is full of experts you can trust. Learn more about what we can do for you at https://stateandfed.com/services/.

A three-judge panel of the U.S. Sixth Circuit Court of Appeals agreed to allow the ban on foreign contributions to ballot measure committees to be enforced until October 8. This will give the panel sufficient opportunity to consider whether to overturn the preliminary injunction granted by the U.S. District Court for the Southern District of Ohio. State lawmakers passed the foreign contribution ban during a special session, adding green-card holders to the list of prohibited contributors. In a statement, Secretary of State Frank LaRose said his office is ready to begin immediate enforcement of the ban.

Campaign Finance

Ohio: “Ohio’s Controversial Ban on Foreign Contributions to State Ballot-Issue Campaigns Takes Effect, at Least for Now” by Jeremy Pelzer (Cleveland Plain Dealer) for MSN

Tennessee: “Tennessee Registry Reports Cothren Attorney to Disciplinary Board” by Sam Stockard (Tennessee Lookout) for Yahoo News

Elections

Mississippi: “Late-Arriving 2024 Ballots Challenged by GOP at Appeals Court” by Zoe Tillman (Bloomberg) for MSN

Ohio: “Ohio Sheriff Barred from Working Elections After Posts about Harris Signs” by Praveena Somasundaram (Washington Post) for MSN

Ethics

California: “O.C. Board of Supervisors Censures Embattled Member Andrew Do” by Andrew Campa (Los Angeles Times) for MSN

National: “Defense Contracting Firm First to Be Sentenced in SPAWAR Bribery Scheme” by Alex Riggins (San Diego Union-Tribune) for MSN

National: “Judge Allows Lengthy Brief in Trump Case, Rejecting Claim of Election Impact” by Spencer Hsu (Washington Post) for MSN

National: “US Supreme Court Justices, Other Judges Can Stay at Corporate-Owned Homes Without Disclosure” by Nate Raymond (Reuters) for MSN

New York: “New York City Mayor Eric Adams Has Been Indicted, Sources Say” by Jake Offenhartz, Larry Neumeister, and Anthony Izaguirre (Associated Press) for Yahoo News

Lobbying

Michigan: “Lobbyist Sold His Condo to a Lawmaker at a Loss While Another Rents Rooms to Legislators” by Alex Walters and Jack Armstrong (Detroit Free Press) for MSN

Campaign Finance

California: “Should Oakland Allow for Bigger Political Campaign Contributions?” by Eli Wolfe (Oaklandside) for MSN

New Mexico: “Settlement Reached on Disclosure of Donors, Expenditures of Latino Election Group” by Colleen Heild (Albuquerque Journal) for Yahoo News

Elections

National: “Latest Strategy in Fighting Election Skepticism: Radical transparency” by Yvonne Wingett Sanchez (Washington Post) for MSN

Ethics

Indiana: “Council OKs Revised Elected-Official Pay, Ethics Disclosure Ordinances” by Taylor Wooten for Indianapolis Business Journal

National: “One Judge, One Courthouse: Why judge-shopping is an issue in the U.S.” by Tobi Raji (Washington Post) for MSN

New York: “U.S. Inquiry into N.Y. Mayor’s Foreign Ties Said to Include 6 Countries” by William Rashbaum, Dana Rubinstein, and Michael Rothfeld (New York Times) for DNyuz

Texas: “Jury Clears All but One Defendant in Texas ‘Trump Train’ Trial” by Kate McGee (Texas Tribune) for MSN

Legislative Issues

Oregon: “Oregon Is the Only State Where Lawmakers Can’t Impeach Statewide Office Holders. Will Voters Change That with Measure 115?” by Aimee Green (Portland Oregonian) for MSN

Elections

Arizona: “Arizona’s Top Court Says Voters Missing Citizenship Proof Can Receive Full Ballots” by Patrick Marley and Yvonne Wingett Sanchez (Washington Post) for MSN

Nebraska: “State Sen. Mike McDonnell Deflates GOP Hopes for Nebraska Winner-Take-All in 2024” by Aaron Sanderford for Nebraska Examiner

Pennsylvania: “Court Takes ‘Naked Ballots’ Case Over Pennsylvania Mail-in Voting” by Mark Scolforo (Associated Press) for MSN

Ethics

National: “As President, Trump Demanded Investigations of Foes. He Often Got Them.” by Michael Schmidt (New York Times) for DNyuz

New Jersey: “Party Boss George Norcross’ Indictment Details a Web of Corruption Across South Jersey” by Nancy Solomon for Gothamist

Legislative Issues

California: “Critics Say Lawmakers Watered Down California’s Lemon Car Law after Secret Lobbyist Negotiations” by Ryan Sabalow (CalMatters) for MSN

Lobbying

National: “Lobbyists Exploit Massive Loophole to Wine and Dine Lawmakers, Aides at Fancy Getaways” by Adriana Navarro, Caley Fox Shannon, Taylor Nichols, and Heidi Przybyla (Politico) for Yahoo News

Michigan: “Michigan Lawmakers Feast and Fly for Free, but the System for Tracking Freebies Is Broken” by Eye on Michigan for Yahoo News

The state Democratic Party filed suit against Gov. Kemp in federal court over a 2021 state law allowing candidates to accept unlimited contributions through leadership committees.

Last Thursday, a federal judge ruled in favor of Gov. Kemp.

U.S. District Judge Mark Cohen found the complaint to be speculative in nature and the Democratic Party lacked standing to sue the governor.

Democrats could not point to a specific contribution that had infringed the right of free speech and equal protection rights.

The court noted the attorney general and the Georgia Ethics Commission would be the appropriate parties to sue.

Campaign Finance

Arizona: “Campaign Funds Can Be Used for Child Care, AG Kris Mayes Says” by Caitlin Sievers for Arizona Mirror

National: “FEC Forgoes New AI Rulemaking Ahead of Election” by Taylor Giorno (The Hill) for MSN

Elections

Georgia: “Pro-Trump Georgia Election Board Votes to Require Hand Counts of Ballots” by Amy Gardner (Washington Post) for MSN

North Carolina: “N.C. Republican Vows to Continue Campaign for Governor Amid Fallout of CNN Story” by Patrick Svitek, Amy Gardner, and Hannah Knowles (Washington Post) for MSN

Ethics

Hawaii: “Hawaii Lawmaker to Pay $12,500 To Settle Ethics Commission Complaint” by Kevin Dayton for Honolulu Civil Beat

Illinois: “With Jury Stuck 11-1, Judge Declares Mistrial in Case of Ex-AT&T Boss Accused of Bribing Speaker Madigan” by Jason Meisner, Rebecca Johnson, and Megan Crepeau (Chicago Tribune) for MSN

Kansas: “‘A Breakdown’: Kansas missed signs dead ex-official worked both sides of $425k grant” by Chance Swaim and Jonathan Shorman (Kansas City Star) for Yahoo News

Legislative Issues

Rhode Island: “RI’s Part-Time Legislators Do Not Go Hungry. Here’s Where They Eat – and Who Pays the Tab” by Katherine Gregg (Providence Journal) for Yahoo News

National/Federal

In New York Case, Signs of a Familiar China Playbook

DNyuz – David Pierson (New York Times) | Published: 9/16/2024

Before Linda Sun, a former senior aide in the New York governor’s office, was charged with using her position benefit the Chinese government, suspected cases of Chinese foreign meddling had been on the rise in Western democracies. The intelligence work is focused on influencing political discourse so that it leans more favorably toward China’s positions on contentious issues like the status of Taiwan. China’s attempts to interfere with Western democracies are likely to grow more acute as relations between Beijing and the West fray, said Anne-Marie Brady, a political scientist at the University of Canterbury in New Zealand.

How Roberts Shaped Trump’s Supreme Court Winning Streak

DNyuz – Jodi Kantor and Adam Liptak (New York Times) | Published: 9/15/2024

In a momentous trio of January 6-related cases last term, the U.S. Supreme Court found itself more entangled in presidential politics than at any time since the 2000 election, even as it was contending with its own controversies related to that day. Chief Justice John Roberts responded by deploying his authority to steer rulings that benefited Donald Trump, according to a New York Times examination that uncovered new information about the court’s decision making.

Violent Threats and Attacks Escalate Tensions in Trump-Harris Race

MSN – Hannah Knowles and Hannah Allam (Washington Post) | Published: 9/17/2024

The 2024 election season has been repeatedly marked by extraordinary acts and threats of violence that have become a more contentious issue in the presidential race, escalating tensions in an already heated political environment and prompting heightened security measures at events with seven weeks of campaigning left to go. While the country’s history includes examples of violence upending campaigning and governance, this year’s race stands out from others in recent memory, experts said, with some long-simmering fears of violent acts breaking into the open.

The Rush to Get Close to Kamala Harris and Her Inner Circle Is On

MSN – Hailey Fuchs (Politico) | Published: 9/19/2024

Lobbyists are scrambling to figure out Kamala Harris. Lobbyists spent decades cultivating ties with President Biden’s inner circle; Harris has spent less than eight years in Washington. During her time as a U.S. senator, Harris’ office was seen as either ambivalent to or dismissive of the requests of corporate interests. During her years as vice president, she was seen as superfluous to the core policymaking process. But K Street is now setting its sights on the new Democratic ticket-leader and rushing to catch up on years of relationship-building.

Abortion Foes Use Government Power to Fight Red-State Ballot Measures

MSN – Molly Hennessy-Fiske, Lori Rozsa, and Annie Gowan (Washington Post) | Published: 9/12/2024

An unprecedented number of abortion initiatives are on state ballots this November, nearly all seeking to protect reproductive rights, but opponents are trying to defeat them even before the start of voting through legal challenges, administrative maneuvers, and critics say, outright intimidation. In part, the intensity reflects what is at stake. Since the fall of Roe v. Wade in 2022, every ballot measure put before voters has been approved, including in red states like Ohio. Those seeking to restrict abortion access have failed, even in conservative Kansas.

Vance Amplifies False Claims About Haitian Migrants in Ohio

MSN – Sarah Ellison, Mariana Alfaro, and Lisa Rein (Washington Post) | Published: 9/15/2024

Soon after his unsubstantiated comments on Haitian immigrants in Springfield, Ohio, sparked a national firestorm and spurred violent threats in the town, U.S. Sen. JD Vance doubled down on his baseless claims that Haitians are eating their neighbors’ pets “to draw attention to the Biden-Harris immigration policies.” In a contentious interview on CNN, Vance said if he has to “create stories so that the American media actually pays attention to the suffering of the American people, then that’s what I’m going to do.”

How This Lawsuit Against the IRS Aims to Allow Churches a Greater Role in Politics

MSN – Angele Latham (Nashville Tennessean) | Published: 9/16/2024

A federal rule bans tax-exempt organizations organized under 501(c)(3) of the tax code from “directly or indirectly” participating in politics, specifically in endorsing or opposing candidates. A lawsuit filed by Chistian groups challenges the rule by alleging their speech has been “wrongfully silenced.” Although the IRS often sets churches to 501(c)(3) status by default, the churches in the complaint would likely receive the political benefits they are seeking if they switched registration to 501(c)(4) but the move would mean losing their tax benefits, said Jennifer Safstrom, a professor at Vanderbilt Law School.

From the States and Municipalities

Canada – Affordable Housing Advocate Penalized for Not Registering as a Lobbyist with City of Hamilton

CBC – Samantha Beattie | Published: 9/18/2024

One of Hamilton’s most vocal affordable housing advocates is being penalized for not registering as a lobbyist with the city before contacting officials on dozens of occasions and in some instances requesting land or money for projects. Graham Cubitt is not allowed to lobby with any city staff or elected officials for 30 days, said lobbyist registrar David Boghosian, who is also the city’s integrity commissioner.

Arizona – Chandler Council Member, Accused of Corruption, Seeks Millions … from Chandler

Bears Wire – Sam Kmack (Arizona Republic) | Published: 9/14/2024

A sitting Chandler City Council member is suing the city she represents, seeking millions of dollars for slander because the city falsely divulged the FBI was investigating her for political corruption. Jane Poston claims former police Chief Sean Duggan and current Assistant Chief Dave Ramer defamed her, caused her emotional distress, and harmed her private public relations company.

Arizona – Court May Decide If Arizonans with Missing Citizenship Records Can Vote in State Races

MSN – Yvonne Wingett Sanchez and Patrick Marley (Washington Post) | Published: 9/17/2024

A key election official in Arizona’s Maricopa County asked the state’s highest court to prohibit nearly 100,000 longtime residents from voting in state and local races this fall after discovering the state has no record of asking them for documents proving their U.S. citizenship. Like other states, Arizona requires voters to swear they are citizens when they register to vote. But for 20 years, Arizona law has gone further and required residents to show birth certificates, naturalization papers, or other documents proving citizenship to vote in state and local elections.

California – Oakland Ethics Commission Declines Proposed Settlement with Libby Schaaf

MSN – Eli Wolfe (Oaklandside) | Published: 9/17/2024

The Oakland Public Ethics Commission rejected the advice of its staff by refusing to settle a sprawling set of campaign finance cases involving violations by former Oakland Mayor Libby Schaaf. Several commissioners said they feel the proposed settlement negotiated by commission staff and Schaaf’s attorney does not transparently show how much Schaaf and others will be fined for breaking multiple election rules. The commission met to consider five cases that involved Schaaf and others ranging from the Oakland Chamber of Commerce’s PAC, the Oakland police union, contractors, campaign consultants, and political groups.

California – California Legislature’s Unwritten Rule: Negotiate in secret with lobbyists, not in public

MSN – Ryan Sabalow (CalMatters) | Published: 9/18/2024

An analysis of every vote cast in the past five years shows Democrats who control the California Legislature vote “no” on average less than one percent of the time, suggesting the fates of most bills are decided before votes are cast. The original language in almost all bills that navigate the legislative process is usually changed through amendments added in committees. That can be a high-stakes discussion done in secret between legislators and staff and lobbyists. When there are political consequences or money is involved, the governor’s office or legislative leaders can also shape bills behind the scenes.

California – California Passes Package of Laws to Combat Election Deepfakes

MSN – Felix Ng (Cointelegraph) | Published: 9/17/2024

California Gov. Gavin Newsom signed into law bills to crack down on politically themed Artificial Intelligence (AI) deepfakes during elections. It comes only weeks after Elon Musk re-posted a parody of a Kamala Harris campaign ad on X that garnered millions of views and used AI-powered voice manipulation to make it seem Harris called herself an incompetent presidential candidate.

California – San Jose Councilmembers Team Up to Lobby City

San Jose Spotlight – Brandon Pho | Published: 9/16/2024

San Jose City Councilperson Sergio Jimenez is jumping into the elected official to lobbyist pipeline. He has formed a new consulting firm before terming out of his council seat at the end of this year. Joining him is former Councilperson Raul Peralez, a San Jose police officer who started his own consulting business after leaving office. It is the latest instance of the city’s “revolving door” through which government officials become paid lobbyists, which has prompted concern over the years about unfair deal making advantages.

California – Silicon Valley Political Groups Fail to Meet Transparency Requirements

San Jose Spotlight – Brandon Pho | Published: 9/14/2024

Nearly 40 campaign committees in Santa Clara County failed to file transparency reports by legal deadlines since 2018, in many cases even after receiving two written warnings. Nearly 30 of those committees have been flagged to county prosecutors and state watchdogs for investigation. For candidates who are new to politics, missed deadlines are an inevitable learning curve. But experts argue more experienced elected officials and candidates who should be well acquainted with the rules are likely ignoring them.

Colorado – Utilities Have to Itemize Some Political Spending in Other States. They Want Regulators to Keep It Secret in Colorado

Colorado Public Radio – Ishan Thakore | Published: 9/17/2024

Colorado lawmakers passed the Utility Regulation Act following a spike in energy bills. The law prevents investor-owned utilities from charging customers for a broad set of political activities, including meetings with lawmakers to influence legislation, some types of advertising, and membership dues to lobbying groups. The law requires utilities to submit an annual report about their spending. But lawmakers left it to regulators to determine much of the law’s fine print, including how much detail utilities must include in the report. Consumer advocates and utilities are now fighting over the scope of the law.

Florida – Ethics Commission: Lobbyist never cashed Baxter’s reimbursement checks for trip, VIP dinner

Austin American-Statesman – Mike Diamond (Palm Beach Post) | Published: 9/18/2024

The Palm Beach County Commission on Ethics cited lobbyist Ron Book for failing to cash checks totaling $600 from county Commissioner Sara Baxter for a ride on his private jet to Tallahassee to attend the inauguration of Gov. Ron DeSantis in January 2023. Sitting on the checks after 90 days of receiving them turned the trip and the dinner into gifts, which means Baxter had to report them as such, and she did not. The commission has not charged Baxter with any wrongdoing but the ethics agency is investigating her, too.

Florida – Trial Begins in Alleged Florida Election Conspiracy That Tilted a Miami Senate Race

MSN – Charles Rabin (Miami Herald) | Published: 9/15/2024

A criminal case that opened a window to a plot to help Republicans win important 2020 Florida Senate races by propping up fake progressive candidates with shadowy money is finally headed to trial, with a political operative fighting the charges. State prosecutors are expected to claim in court that former state Sen. Frank Artiles, a Republican, masterminded a scheme to tilt the results of a tight race in Miami by recruiting and paying a straw candidate to siphon votes away from the Democratic incumbent.

Georgia – Georgia Lieutenant Governor Won’t Face Charges Connected to 2020 Election

MSN – Holly Bailey (Washington Post) | Published: 9/13/2024

A special prosecutor concluded criminal charges should not be brought against Lt. Gov. Burt Jones for his role in helping Donald Trump overturn his election loss in Georgia. Jones faced scrutiny because he was one of 16 state Republicans who signed a certificate falsely claiming Trump won Georgia in 2020 and declaring themselves to be the “duly elected and qualified electors from Georgia.” As a state senator, Jones also sought to convene a special session of the Legislature aimed at reversing Joe Biden’s narrow victory in the state.

Georgia – Judge in Georgia Election Case Knocks Out 2 Charges Against Trump

MSN – Josh Gerstein (Politico) | Published: 9/12/2024

A judge overseeing the Georgia case charging Donald Trump with conspiring to interfere in the 2020 election tossed out three more of the prosecution’s charges, two of which involve the former president. Fulton County Superior Court Judge Scott McAfee said the three counts were legally flawed because they involved claims that Trump or his allies violated state law by submitting fraudulent documents to a federal court in Atlanta.

Illinois – City Council Cracks Down on Lobbyist Campaign Donations to Mayor after Johnson Took Contributions

WBEZ – Tessa Weinberg | Published: 9/18/2024

The Chicago City Council passed an ethics ordinance aimed at sanctioning lobbyists for contributions to mayoral candidates after Mayor Brandon Johnson dropped his opposition to the plan. The penalties close an enforcement gap in a 13-year-old ethics rule put in place by former Mayor Rahm Emanuel that prohibits lobbyists from donating to a mayor’s political fund. The reform broadens the original ban by expanding the restrictions to contributions made to mayoral candidates’ political committees, not just the incumbent mayor’s.

Kentucky – Complaint Filed Against a Top Kentucky Democrat for Condo Purchase. She Says It’s Ethical.

Yahoo News – Austin Horn (Lexington Herald-Leader) | Published: 9/16/2024

An ethics complaint was filed against House Minority Caucus Chairperson Cherlynn Stevenson for jointly purchasing a Frankfort condominium with a lobbyist. But Stevenson has copies of correspondence with the Kentucky Legislative Ethics Commission, the body that handles such complaints, clearing her to purchase the condo with Sarah Bowling earlier this year.

Nebraska – Nebraska Accountability and Disclosure Commission Seeks New Director as Hunter Steps Back

Nebraska Examiner – Aaron Sanderford | Published: 9/16/2024

The Nebraska Accountability and Disclosure Commission needs a new executive director about a year after promoting a leader from within. David Hunter asked to return to his previous job as deputy director for personal reasons, officials said. Hunter succeeded Frank Daley, who retired after a quarter century as executive director.

New Jersey – Atlantic City Mayor and Wife Indicted for Alleged Child Abuse

MSN – Daniel Han (Politico) | Published: 9/18/2024

Atlantic City Mayor Marty Small Sr. and his wife, who is the city’s superintendent of schools, face criminal charges for allegedly abusing their teenage daughter. According to prosecutors, Small Sr. and La’Quetta Small physically assaulted their daughter, who was 15 to 16 years old during the time of the alleged abuse. Small Sr. is the latest Atlantic City elected official to face criminal charges.

New Mexico – Judge Orders ‘Dark Money’ Group Back to Court for Failure to Register, Disclose Donors

Yahoo News – Daniel Chacón (Santa Fe New Mexican) | Published: 9/16/2024

A judge is considering holding a “dark money” group in contempt for failing to comply with an order to register as a political committee and disclose its donors. The New Mexico Project aims to “empower the moderate Latino electorate,” according to its website, and supported a slate of legislative candidates in the Democratic primary. Judge Joshua Allison issued a preliminary injunction requiring the group to register no later than September 4 and report its expenditures and contributions no later than September 9. The group has done neither.

New York – Ex-FDNY Chiefs Indicted on Federal Bribery Charges in ‘Pay-to-Play Corruption’ Scheme

Gothamist – Matt Katz and Elizabeth Kim | Published: 9/16/2024

Two former New York Fire Department chiefs accepted at least $190,000 in bribes in exchange for fast-tracking approvals of buildings’ fire alarm systems, according to an indictment. Anthony Saccavino and Brian Cordasco were the top two chiefs at the department’s bureau of fire prevention, which issues approvals for alarm and suppression systems in businesses and buildings. According to the indictment, from 2021 to 2023 they worked through a retired firefighter who, acting as a middleman, promised to expedite reviews and inspections in exchange for cash.

New York – Mayor Adams’ Team Asked Campaign Watchdog for More Time – Citing Federal Investigation

Gothamist – Brigid Bergin | Published: 9/12/2024

Mayor Eric Adams’ team wrote in a letter to New York City’s campaign finance watchdog that the campaign needed more time to respond to questions about apparent sloppy recordkeeping because its lawyer was too busy dealing with a federal inquiry. The Campaign Finance Board granted multiple deadline extensions to respond to an audit of Adams’ 2021 mayoral campaign. The audit sought additional documentation for $2.3 million in expenses.

New York – Mayor Adams’ Chief Counsel Lisa Zornberg Resigned Over Rebuffed Advice to Fire Officials Amid Probe

MSN – Chris Sommerfeldt (New York Daily News) | Published: 9/16/2024

Lisa Zornberg, New York City Mayor Eric Adams’ former chief counsel, resigned after the mayor rejected her advice to fire several top administration officials ensnared in federal corruption investigations, according to two sources familiar with the matter. Zornberg presented Adams with the recommendation for firings after concluding an internal review of Ray Martin, a lower-level aide in the mayor’s Community Affairs Unit, the sources said.

New York – New York City Police Commissioner Resigns After His Phone Was Seized in Federal Investigation

Yahoo News – Jake Offenhartz and Michael Sisak (Associated Press) | Published: 9/12/2024

New York City Police Commissioner Edward Caban resigned, one week after it emerged his phone was seized as part of federal investigation that touched several members of Mayor Eric Adams’ inner circle. Federal authorities are also investigating Caban’s twin brother, James Caban, a former police sergeant who runs a nightclub security business, according to a person familiar with the matter.

Ohio – SEC Sues Ex-FirstEnergy CEO Jones; Conspiracy Charge Brought Against Him, Ex-Exec Dowling

MSN – Patrick Williams (Akron Beacon Journal) | Published: 9/13/2024

Two former FirstEnergy executives were indicted \on an additional conspiracy charge for their alleged roles in a “pay-to-play” scheme. The indictment also included amended charges against former Chief Executive Officer Chuck Jones and former Senior Vice President of External Affairs Michael Dowling. As part of a separate lawsuit, the U.S. Securities and Exchange Commission filed a complaint against Jones, alleging he misled investors about the utility’s payments to former Ohio House Speaker Larry Householder in a “pay-to-play” scheme.

Ohio – Ohio Sheriff Says to ‘Write Down’ Addresses of Homes with Harris Signs

MSN – Praveena Somasundaram (Washington Post) | Published: 9/16/2024

A sheriff in Ohio who made disparaging remarks about Vice President Kamala Harris and immigrants on social media is suggesting local residents compile a list of addresses where they see yard signs in support of the Democratic presidential nominee. Sheriff Bruce Zuchowski’s Facebook posts sparked tension across Portage County, which Donald Trump carried by 12 points in the 2020 election. Some residents accused Zuchowski of voter intimidation ahead of November’s election.

Ohio – Ohio Supreme Court Clears Ballot Language Saying Anti-Gerrymandering Measure Calls for the Opposite

MSN – Julie Carr Smyth (Associated Press) | Published: 9/16/2024

The Ohio Supreme Court let stand ballot language that will describe this fall’s Issue 1 as requiring gerrymandering, when the proposal is intended to do the opposite. The bipartisan proposal calls for replacing Ohio’s troubled political map-making system with a citizen-led commission of Republicans, Democrats, and independents. The proposal emerged after seven different versions of congressional and legislative maps created after the 2020 Census were declared unconstitutionally gerrymandered to favor Republicans.

Oklahoma – Ethics Questions Swirl as Oklahoma Lawmaker Stands to Profit from Potential Solar Farm in His District

KOSU – Lionel Ramos | Published: 9/17/2024

Oklahoma Rep. Justin Humphrey met with about a dozen landowners in his district to discuss a deal. He said a company was looking to buy 5,000 of land to build a solar farm.  Humphry also acknowledged he and his brothers were selling land they owned in the proposed deal. State ethics rules say lawmakers cannot negotiate business deals in their district that they or their family would benefit from, especially if there is legislation involved. The same state rules prohibiting Humphrey’s behavior also protect officeholders from formal complaints during an election season.

Oklahoma – Campaign Funds Can Now Be Used by Oklahoma Candidates to Pay for Caregiving Expenses

Oklahoma Voice – Emma Murphy | Published: 9/16/2024

Oklahoma joined 33 other states in allowing candidates running for office to use campaign funds for dependent care, effective immediately. The Oklahoma Ethics Commission issued an advisory opinion permitting candidates who are primary caregivers to use campaign funds to pay for care of dependents such as children, people with disabilities, or elderly relatives.

Oregon – ‘Exceedingly Close Call’ of Illegality in Gonzalez’s Wikipedia Edits, Portland Auditor Says; Calls for State Investigation

MSN – Zane Sparling (Portland Oregonian) | Published: 9/16/2024

A sitting Portland commissioner who tapped public funds to clean up his Wikipedia page walked the razor’s edge of breaking city campaign finance laws, but the evidence is insufficient to prove a violation, the city auditor’s office ruled. Commissioner Rene Gonzalez, a top candidate in the mayoral race, spent $6,400 earlier this year while seeking to remove an errant reference to an apparent Patriot Prayer member he interacted with on social media and highlight his status as a Democrat.

Oregon – Oregon Secretary of State Opens Investigation into Portland City Council Candidates Who Traded Contributions

MSN – Carlos Fuentes (Portland Oregonian) | Published: 9/11/2024

Oregon Secretary of State LaVonne Griffin-Valade will investigate Portland City Council and mayoral candidates who agreed to reciprocate campaign contributions to obtain matching funds from the city. At least 13 Portland candidates explicitly agreed to give money to other candidates this summer in exchange for incoming contributions, according to emails and texts. Candidates for city council were trying to gather donations from at least 250 Portland residents to qualify for up to $40,000 in matching taxpayer funds before the August 27 deadline.

Pennsylvania – Protesters Rally Against Dark Money after 35-Mile March from Lancaster to Harrisburg

Lancaster Online – Sarah Nicell | Published: 9/12/2024

After a three-day, 35-mile walk from Lancaster to Harrisburg, protesters demanding changes to Pennsylvania’s campaign finance laws held a rally at the state Capitol against dark money. Several members of the group attended a meeting with representatives for Senate President Kim Ward to discuss their current priority: an anti-dark money bill authored by Free Speech for People that has yet to move in the Republican-majority state Senate.

Pennsylvania – Pennsylvania Supreme Court Tosses Lower Court’s Decision on Mail-In Ballot Dating Requirement

Yahoo News – Peter Hall (Pennsylvania Capital-Star) | Published: 9/13/2024

The Pennsylvania Supreme Court threw out a lower court’s decision finding the requirement for voters to write the date on mail-in ballots to have them counted unconstitutional. The state’s highest court said the Commonwealth Court lacked jurisdiction to hear a challenge of the dating provision by voters’ rights groups. The lower court concluded the dating requirement violates the fair and equal elections clause of the state constitution because it restricts the right to vote but does not serve a compelling governmental purpose.

Tennessee – Lee Seeks Ethics Panel Advice on Travel Payments, Will Repay Expense If Found Inappropriate

MSN – Vivian Jones (Nashville Tennessean) | Published: 9/13/2024

Following threats of an ethics complaint over his travel to Florida paid by an outside group, Gov. Bill Lee is asking the Tennessee Ethics Commission to clarify whether accepting such payments is allowed under state law. If the panel finds Lee’s travel payments were illegal or unethical, he is pledging to repay the funds. Lee traveled to Marco Island, Florida, to be a keynote speaker of Alliance Defending Freedom (ADF), a group behind a handful of controversial new state laws. ADF, a 501(c)3 nonprofit, and its partner 501(c)4 organization both employ Matthew Lorimer, a registered lobbyist in Tennessee.

Washington – Let’s Go Washington Accused of Violating Campaign Finance Law

Yahoo News – Jerry Cornfield (Washington State Standard) | Published: 9/18/2024

A 14-month investigation has led to charges against the political committee founded by businessperson Brian Heywood for allegedly violating campaign finance laws in the course of gathering signatures for six initiatives last year. Staff of the state Public Disclosure Commission filed administrative charges alleging Let’s Go Washington did not “accurately and timely” report its spending on signature-gathering for each of the measures. Staff also assert the committee failed to obtain and disclose information from vendors on their spending on subcontractors for signature-gathering.

Today, the Federal Election Commission (FEC) concluded the use of fraudulent misrepresentation utilizing artificial intelligence (AI) in federal campaign advertisements is already covered by existing campaign finance law.

Going forward, the Commission will proceed with any application of allegations of fraud using AI or other specific technologies under 52 U.S.C. §30124  on a case-by-case basis.

On July 13, 2023, a Petition for Rulemaking was submitted to the FEC asking it to undertake a rulemaking “to clarify that the law against ‘fraudulent misrepresentation’ (52 U.S.C. § 30124) applies to deliberately deceptive AI produced content in campaign communications.” The Federal Election Campaign Act currently prohibits any person from falsely representing that they are speaking, writing, or acting on behalf of a federal candidate or a political party for the purpose of soliciting contributions. The law also prohibits a candidate, his or her employee or agent, or an organization under the candidate’s control, from purporting to speak, write, or act for another candidate or political party on a matter that is damaging to the other candidate or party.

Through the Commission’s approval of two drafts of a Notification of Disposition, REG 2023-02 (Artificial Intelligence in Campaign Ads), and an Interpretive Rule Regarding 52 U.S.C. §30124, the Commission decided not to initiate a rulemaking.

Commissioner Dara Lindenbaum stated a clear answer has been given as to whether generative-AI applies to the existing campaign finance laws. In today’s FEC’s open meeting, Lindenbaum stated,  “Yes, the statute is technology neutral. So, I think we have given a very clear response today.”

Chicago City Council has voted unanimously to ban registered lobbyists from financially contributing to mayoral candidates, incumbent or otherwise.

Additionally, businesses owned by lobbyists are also banned from contributing.

Violations could result in a 90-day ban from lobbying city officials.

Ordinance 2024-009664 was previously deferred but was revived when Mayor Brandon Johnson dropped his opposition to the plan.

Campaign Finance

California: “Oakland Ethics Commission Declines Proposed Settlement with Libby Schaaf” by Eli Wolfe (Oaklandside) for MSN

Oregon: “‘Exceedingly Close Call’ of Illegality in Gonzalez’s Wikipedia Edits, Portland Auditor Says; Calls for State Investigation” by Zane Sparling (Portland Oregonian) for MSN

Washington: “Let’s Go Washington Accused of Violating Campaign Finance Law” by Jerry Cornfield (Washington State Standard) for Yahoo News

Elections

Arizona: “Court May Decide If Arizonans with Missing Citizenship Records Can Vote in State Races” by Yvonne Wingett Sanchez and Patrick Marley (Washington Post) for MSN

National: “Violent Threats and Attacks Escalate Tensions in Trump-Harris Race” by Hannah Knowles and Hannah Allam (Washington Post) for MSN

Legislative Issues

California: “California Legislature’s Unwritten Rule: Negotiate in secret with lobbyists, not in public” by Ryan Sabalow (CalMatters) for MSN

Lobbying

Illinois: “City Council Cracks Down on Lobbyist Campaign Donations to Mayor after Johnson Took Contributions” by Tessa Weinberg for WBEZ

Redistricting

Ohio: “Ohio Supreme Court Clears Ballot Language Saying Anti-Gerrymandering Measure Calls for the Opposite” by Julie Carr Smyth (Associated Press) for MSN

Gov. Newsom signed a bill with disclosure requirements for political committees creating, originally publishing, or originally distributing a qualified political advertisement.

A qualified political advertisement is an advertisement containing any image, audio, or video generated or substantially altered using artificial intelligence.

Assembly Bill 2355 requires the disclosure of a qualified political advertisement to be appear at the top of the disclosure area and to be separated from the other required disclosures by a blank line.

The bill becomes effective January 1, 2025.

Voters will decide whether to pass a ballot measure this upcoming November election which would tighten the city’s public ethics laws.

Ballot Measure OO would establish and revise various requirements of the Public Ethics Commission and its members.

It would also amend the lobbyist registration act to prohibit lobbyists from making direct payments of more than $50 per year to local elected officials, candidates, and their families.

If approved by voters on November 5, the measure would be effective 10 days after the vote but the amendments to the lobbyist registration act would be effective January 1, 2025.

Campaign Finance

New Mexico: “Judge Orders ‘Dark Money’ Group Back to Court for Failure to Register, Disclose Donors” by Daniel Chacón (Santa Fe New Mexican) for Yahoo News

New York: “Mayor Adams’ Team Asked Campaign Watchdog for More Time – Citing Federal Investigation” by Brigid Bergin for Gothamist

Pennsylvania: “Protesters Rally Against Dark Money after 35-Mile March from Lancaster to Harrisburg” by Sarah Nicell for Lancaster Online

Elections

Ohio: “Ohio Sheriff Says to ‘Write Down’ Addresses of Homes with Harris Signs” by Praveena Somasundaram (Washington Post) for MSN

Ethics

Colorado: “Utilities Have to Itemize Some Political Spending in Other States. They Want Regulators to Keep It Secret in Colorado” by Ishan Thakore for Colorado Public Radio

National: “How Roberts Shaped Trump’s Supreme Court Winning Streak” by Jodi Kantor and Adam Liptak (New York Times) for DNyuz

Nebraska: “Nebraska Accountability and Disclosure Commission Seeks New Director as Hunter Steps Back” by Aaron Sanderford for Nebraska Examiner

Lobbying

California: “San Jose Councilmembers Team Up to Lobby City” by Brandon Pho for San Jose Spotlight

Canada: “Affordable Housing Advocate Penalized for Not Registering as a Lobbyist with City of Hamilton” by Samantha Beattie for CBC