The Season of Holidays is upon us now, and that means many people are feeling anxiety about family gatherings where the conversations may easily turn to discussions surrounding the “P” word (politics). The old adage of politics being one of the topics never to be brought up for discussion has all but vanished in today’s times, and so inevitably, you may find yourself at the dinner table in a heated exchange with another family member whose political thoughts, feelings, and ideologies are vastly different than yours. I urge you, however, not to abandon the conversation and run for the nearest exit!

Make a commitment to yourself, instead, to further engage your fellow conversationalist by asking questions and participating in active listening; see if you can put yourself in the other person’s shoes and perhaps understand their point of view. To be clear, however, I am in no way advocating for you to subject yourself to someone whose rhetoric is either physically, mentally, or emotionally harmful (some people you will never agree with and that’s just the way it is!). I am simply suggesting that just because someone’s point of view is different from yours, does not necessarily mean that there aren’t areas where you can empathize or maybe find some common ground.

Try this out during your dinner table conversations and make notes to yourself on the highlights, challenges, and opportunities for growth that you could leverage in preparation for future conversations. Feel free to drop me a line and let me know your thoughts! I wish you a very happy, healthy, safe, productive, and unifying holiday Season!

Campaign Finance

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

Elections

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

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

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

Ethics

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

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

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

Redistricting

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

Gov. Gretchen Whitmer signed three campaign finance bills effective February 13, 2024.

House Bill 5141, House Bill 5143, and House Bill 5144, prohibit distributing materially deceptive media and amend the disclaimer requirements for political ads and add definitions to the Campaign Finance Act to facilitate the implementation of the new laws.

House Bill 5144 prohibits a person from distributing materially deceptive media if all of the following apply:

• The person knows the media falsely represents a depicted individual;
• The distribution occurs within 90 days before an election;
• The person intends the distribution to harm the reputation or electoral prospects of a candidate in an election and likely to cause that result; and
• The person intends the distribution to change the voting behavior of electors in an election by deceiving the electors.

House Bill 5141 amends the disclaimer requirements for political ads, including special requirements for ads generated by artificial intelligence.

House Bill 5143 adds the definitions to the Michigan Campaign Finance Act including artificial intelligence, ballot question committee, bundling committee, and business.

On December 14, the Federal Election Commission (FEC) elected Sean J. Cooksey as its chairman for 2024.

Cooksey replaces Dara Lindenbaum, who was appointed to the commission in 2022.

The chairmanship is a rotating, one-year position.

Ellen L. Weintraub was elected as Vice Chair for the next year.

Additionally, at the same regularly held open meeting, the FEC unanimously approved 16 legislative recommendations be submitted for consideration to the U.S. Congress.

The recommendations concern subject matters such as establishing an itemization threshold for conduit contributions; increasing the rate of pay for FEC commissioners, staff director and general counsel; amending the foreign national prohibition to include substantial assistance; and amending the foreign national prohibition to include state and local ballot initiatives, referenda and recall elections.

National/Federal

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

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

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

Trump Gag Order Reinstated but Narrowed in Jan. 6 Case

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

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

House Ethics Committee Requests Interview with Witness in Gaetz Probe

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

From the States and Municipalities

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

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

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

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

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

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

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

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

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

California – How Well Is Your Legislator Representing You?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Michigan – Whitmer Signs Bills Implementing Proposal 1

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Oklahoma – Okla. Ethics Commission Names New Executive Director

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What are your areas of expertise?

I manage a portfolio of states, counties, and municipalities primarily located on the West Coast. Part of my experience relies on monitoring relevant legislative, regulatory, and rule-making activity and using independent judgement and discretion to determine how to incorporate the information. I also work with our clients to ensure they are aware of and adhering to any and all rules and regulations concerning lobbying, gifts to public officials, political contributions, and procurement. Client-specific research is another important task I perform routinely in order to provide the best information possible.

How long have you been with State and Federal Communications?

I have been a Manager of Research Services with State and Federal Communications, Inc. for just under two years.

How do you help our clients?

In addition to answering specific question from clients, I also assist in preparing, reviewing, and filing the lobbyist registrations and lobbyist activity reports.

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

The Chicago City Council Committee on Ethics and Government Oversight recommended the passage of a substitute ordinance broadening the definition of registered lobbyists to include nonprofits with several exceptions to ease concerns from the nonprofit community.

An ordinance was passed in July 2019 to impose new registration and reporting requirements on certain nonprofit interactions with the city, but after many concerns were raised, implementation never took place.

Substitute Ordinance 2023-2937 clarifies the definition of lobbying to make it easier for both for-profit and nonprofit organizations to understand.

Lobbyist is any individual who, on behalf of any other person, contacts or communicates directly with a city official or employee to influence any administrative action or legislative action.

The ordinance also amends the exceptions to the definition of lobbying to exempt any nonprofit entity having both an operating budget and net assets or fund balances of less than $5 million.

The ordinance also establishes a monetary and hourly threshold for registration.

Registration is required for lobbyists who are paid or otherwise compensated, or spend at least $1,250, in any combination, for lobbying in any lobbyist reporting period; or who spend more than 20 hours on lobbying in any lobbyist reporting period.

The ordinance also adds definitions concerning grassroots lobbying, reporting periods, covered activity, and exemptions.

Total fines for failure to file a report would be capped at $20,000 per violation.

If passed, the ordinance will be effective July 1, 2024, to give the Board of Ethics ample time to conduct a robust public education campaign.

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

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

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

Campaign Finance

Alaska: “Alaska Campaign Watchdog Rules Anti-Ranked Choice Group Can Continue Gathering Signatures” by Iris Samuels (Anchorage Daily News) for Yahoo News

New Jersey: “Judge Throws Out Suit That Tried to Block Changes to NJ Campaign Finance Law” by Ashley Balcerzak (Bergen Record) for Yahoo News

Pennsylvania: “The Philly Ethics Board Dropped Its Case Against the ‘Super PAC’ That Backed Mayoral Candidate Jeff Brown” by Sean Collins Walsh (Philadelphia Inquirer) for MSN

Ethics

National: “Supreme Court Will Consider Fast-Tracking Trump Appeal in D.C. Trial” by Devlin Barrett, Perry Stein, Robert Barnes, and Rachel Weiner (Washington Post) for MSN

National: “George Santos Attorney Expresses Optimism About Plea Talks as Expelled Congressman Appears in Court” by Philip Marcelo (Associated Press) for ABC News

Florida: “A Report Rips Disney for Freebies to Its Local Board. It Omits Gifts to Top Florida Politicians.” by Noah Pransky and Alec Hernández for NBC News

Legislative Issues

Iowa: “Iowa Lawmaker Calls for Gov. Kim Reynolds to Remove Satanic Display from Capitol” by Victoria Reyna-Rodriguez and Noelle Alviz-Gransee (Des Moines Register) for MSN

Lobbying

Illinois: “Four Years Later, City Council Finally Poised to Extend Lobbyist Requirements to Nonprofits” by Fran Spielman for Chicago Sun-Times

On January 1, the city of Burlington, Ontario’s new lobbyist registry bylaw comes into effect.

The law effectively replaces the city’s Lobbyist Registration Policy, which passed on October 19, 2021, and came into effect January of 2022.

As noted in the city of Burlington’s December 12 press release, the new a bylaw approved by City Council on July 11, 2023, includes:

• A move from volunteer to mandatory registration of applicable lobbying activities. All lobbyists must file a registration for each matter they intend to lobby prior to the lobbying, or within fifteen days of the initial communication;
• An expanded definition of lobbying communication that includes a formal meeting, email, letter, phone call or meaningful dialogue or exchange that materially advances a matter that is defined as lobbying, whether in a formal or an informal setting;
• The addition of the Burlington Leadership Team as a part of the lobbyist registry, along with the city council, as public office holders;
• The appointment of the city clerk as the Lobbyist Registrar to centralize and improve efficiency of registry administration;
• Limited enforcement of the bylaw: Where a person has contravened any of the provisions in the bylaw, they will be prohibited from lobbying activities until an information and education meeting with the Lobbyist Registrar is held. For a second offense, lobbying activities will be prohibited for 60 days.

While the city’s current registry is presently available online, new registration forms and webpage updates will be made to reflect the bylaw once it takes effect in January 2024.

“The new Lobbyist Registry bylaw will help ensure greater transparency in the local government decision-making process,” said Deputy Clerk Kevin Klingenberg in the press release.

Q: I heard some jurisdictions have training requirements for registered lobbyists. What do I need to do to comply with these requirements?

A: Yes, you are correct. However, these requirements can vary greatly depending on the jurisdiction.

For example, Maryland requires you to complete your initial training within six months of your initial registration date and subsequently within each two‐year period following the date of your most recently completed training course. When filing your registration, you will need to certify you are current and compliant with this biennial training requirement or you have been registered for less than six months and will complete the training within the initial six-month period. Failure to comply with this requirement can result in fines or even suspension of your registration.

On the other hand, Illinois requires its registered lobbyists to complete an annual ethics and an annual sexual harassment training as part of the registration process. Per Illinois’s Lobbyist Registration Act, a registration is not deemed to be complete until the training has been completed. As such, the training must be completed prior to engaging in lobbying activities. Further, since the training requirement is necessary to complete your registration, the training must be completed even if you terminate your registration prior to completing the registration.

As another example of training requirements, Chicago also has a mandatory annual training requirement for its registered lobbyist. However, the annual training must be completed by June 30 of every year for the 12-month period from July 1 through June 30. The Board of Ethics can assess fines of $250 for each day the training remains incomplete.

The key to maintaining training compliance is understanding these training requirements can be different for each jurisdiction in which you lobby. So, it is imperative to familiarize yourself with each relevant jurisdiction’s requirements, including the timing and frequency of the training, to ensure full compliance.

 

More information about these topics can be found in the Lobbying Compliance Guidebook on the State and Federal Communications subscriber website by selecting the desired jurisdiction from the list.

Superior Court Judge Robert Lougy recently dismissed a lawsuit filed by the head of the state’s enforcement agency challenging the constitutionality of a recent campaign finance overhaul.

The lawsuit was initially filed by former Executive Director Jeff Brindle of the Election Law Enforcement Commission (ELEC), seeking to block sections of the Elections Transparency Act.

This included a provision allowing Gov. Phil Murphy to directly appoint the four members of ELEC without the advice and consent of the Senate within a temporary 90-day period.

A provision reducing the amount of time the commission has to investigate campaign finance violations was also challenged.

Lougy determined the legislation was focused on several valid purposes that pertained directly to its subject matter.

The case was dismissed with prejudice and therefore unable to be filed again.

 

Campaign Finance Massachusetts: “Brookline School Officials Violated Massachusetts Campaign Finance Laws by Sending Emails About Tax Increases” by James Vaznis (Boston Globe) for MSN Elections Michigan: “Whitmer Signs Bills Criminalizing Election Official Intimidation, Curbing AI in Campaigns” by Beth LeBlanc for Detroit News National: “As Advertisers Flee Musk’s X, Democrats Splurge on Political Ads” by Cristiano Lima and Aaron Schaffer (Washington Post) for MSN Washington: “WA GOP Fights Secretary of State’s Effort to Track Election Misinformation” by Jim Brunner for Seattle Times Ethics National: “Dictator-for-a-Day? Scholars Say Trump Can Do Damage Without Being One.” by Sarah Ellison (Washington Post) for MSN Legislative Issues California: “How Well Is Your Legislator Representing You?” by Sameea Kamal for CalMatters Lobbying National: “Kansas Republican Watkins, Ousted Amid Voter Fraud Charges, Returns to Congress as Lobbyist” by Daniel Desrochers (Kansas City Star) for Yahoo News Procurement Florida: “Howland Files Legislation for Certain No-Bid Contracts to Go Through Jacksonville City Council” by Hanna Holthaus (Florida Times-Union) for Yahoo News