Campaign Finance

National: “Santos, a Suburban House and $11,000 in Campaign Payments for ‘Rent’” by Grace Ashford and Dana Rubinstein (New York Times) for Yahoo News

Arizona: “After Overwhelming Voter OK, Political ‘Dark Money’ Law Hailed as Model” by Emilee Miranda for Cronkite News

California: “Buried Treasure: California politicians stash $35 million in leftover campaign cash” by Alexei Koseff and Ben Christopher (CalMatters) for MSN

Elections

National: “House Joins Senate in Passing Electoral Count Act Overhaul in Response to Jan. 6 Attack” by Amy Wang and Liz Goodwin (Washington Post) for MSN

Ethics

National: “Trump Tax Returns Undermine His Image as a Successful Entrepreneur” by Jim Tankersley, Susanne Craig, and Russ Buettner (New York Times) for Yahoo News

Kansas: “A Battle Over Subpoenas of Kansas Republican Officials Is Heating Up. Here Is What’s at Stake.” by Andrew Bahl (Topeka Capital Journal) for Yahoo News

Lobbying

Florida: “Florida’s Expanded Lobbying Ban Faces Legal Challenge. Some Officials Already Resigned” by Anna Ceballos (Miami Herald) for MSN

Ohio: “FirstEnergy Secretly ‘Engaged’ Corey Lewandowski to Lobby Trump for a Public Bailout, Subpoenaed Records Confirm After Years of Denials” by Dave Anderson for Energy and Policy Institute

National/Federal

An ‘Imperial Supreme Court’ Asserts Its Power, Alarming Scholars
Yahoo News – Adam Liptak (New York Times) | Published: 12/19/2022

The conventional critique of the U.S. Supreme Court these days is that it has lurched to the right and is out of step with the public on many issues. Recent legal scholarship makes a deeper point, saying the current court is distinctive in a different way: it has rapidly been accumulating power at the expense of every other part of the government.

Bribery Case Cracks Open European Parliament – and Finds Hidden Cash
DNyuz – Matina Stevis-Gridneff, Monika Pronczuk, Tariq Panja, and Sarah Hurtes (New York Times) | Published: 12/15/2022

Belgian authorities uncovered what prosecutors say was a cash-for-favors scheme at the heart of the European Union. It highlighted the vulnerabilities in an opaque, notoriously bureaucratic system that decides policies for 450 million people in the world’s richest club of nations. The investigation has jolted Brussels and unleashed a flurry of whispered accusations of corrupt behavior by lawmakers of all political stripes. It has also sparked scrutiny of foreign influence at a time when the European Union is asserting itself on issues like human rights and the war in Ukraine.

Congress Passes Bill to Rein in Conflicts of Interest for Consultants Such as McKinsey
ProPublica – Ian MacDougall | Published: 12/16/2022

Congress passed a bill that takes aim at the risk of improper influence when government contractors work for both federal agencies and private-sector clients. President Joe Biden is expected to sign the legislation. The bill makes several changes to federal contracting rules. It includes provisions requiring contractors to disclose information about potential conflicts-of-interest and clarifying when a contractor’s work for outside clients may create such a conflict. The bipartisan group of senators who sponsored the bill cited the consulting giant McKinsey & Company’s work for the Food and Drug Administration.

House Committee Votes to Make Public Trump’s Tax Returns
MSN – Michael Kranish, Jonathan O’Connell, Amy Wang, Azi Paybarah, and Marianna Sotomayor (Washington Post) | Published: 12/20/2022

The House Ways and Means Committee voted to release former President Trump’s tax returns, capping a protracted legal and political battle. After the vote, the committee revealed the IRS did not audit Trump’s returns during his first two years in office, despite a rule mandating such reviews, and never completed any audits while he served. The IRS began its first audit of Trump’s returns on the same day that Ways and Means Committee Chairperson Richard Neal sent a written request in April 2019 for the information and then assigned the bulk of the work to just one agent, the panel said.

In Testimony, Hannity and Other Fox Employees Said They Doubted Trump’s Fraud Claims
Seattle Times – Jeremy Peters (New York Times) | Published: 12/21/2022

Sean Hannity said in a sworn deposition he did not believe Sidney Powell’s claims that voting machines were rigged to help Joe Biden in the 2020 election when she appeared on his show. Dominion Voting Systems is suing Fox News for defamation. Hannity’s disclosure, along with others that emerged from court about what Fox News executives and hosts really believed as their network became one of the loudest megaphones for lies about the 2020 election being stolen from Donald Trump, is among the strongest evidence yet to emerge publicly that some Fox employees knew what they were broadcasting was false.

Jan. 6 Panel Urges Trump Prosecution with Criminal Referral
MSN – Eric Tucker, Mary Claire Jalonick, and Farnoush Amiri (Associated Press) | Published: 12/19/2022

The House committee investigating the January 6 insurrection recommended criminal charges against former President Trump and associates who helped him launch a wide-ranging campaign to overturn his 2020 election loss. The committee alleged violations of four criminal statutes by Trump, in both the run-up to the riot and during the insurrection itself, as it recommended the former president for prosecution to the Justice Department. Among the charges is aiding an insurrection, an effort to hold him directly accountable for his supporters who stormed the Capitol that day.

Lawyer for Key Jan. 6 Witness Seeks to Rebut Panel’s Claim of Interference
MSN – Maggie Haberman and Luke Broadwater (New York Times) | Published: 12/20/2022

A former lawyer for a White House aide who became a key witness for the January 6 House select committee took a leave of absence from his law firm and defended himself against what he said were false insinuations that he had interfered with his client’s testimony. Stefan Passantino represented Cassidy Hutchinson, an aide to the White House chief of staff at the end of the Trump administration. The committee suggested that people connected to Donald Trump had attempted to influence at least one witness’s testimony, promising her jobs that never materialized and coaching her to be less than forthcoming with the panel.

Scam PAC Operator Uncovered by CNN’s KFile Pleads Guilty in Federal Court
MSN – Andrew Kaczynski and Em Steck (CNN) | Published: 12/20/2022

Matthew Tunstall pleaded guilty to conspiracy to commit wire fraud and money laundering while operating two so-called scam PACs during the 2016 election and collecting more than $3 million from unwitting donors. Tunstall was one of three men the Justice Department charged with multiple counts in perpetuating the fraud. The scheme tricked people into giving them money by using robocalls and written solicitations meant to imply they were supporting 2016 presidential candidates. The PACs’ operators used the funds to enrich themselves and pay for more robocalls and radio advertisements.

Skepticism Before a Search: Inside the Trump Mar-a-Lago documents investigation
Anchorage Daily News – Devlin Barrett, Jacqueline Alemany, Perry Stein, Josh Dawsey, Ann Marimow, and Carol Leonnig (Washington Post) | Published: 12/21/2022

FBI officials had a lot to worry about as they discussed whether to search one of Donald Trump’s homes for evidence of crimes. They decided any search warrant should be authorized by the attorney general himself, and they did not want the former president to be at Mar-a-Lago when it happened. The FBI also was wary of the remote possibility of a confrontation between the federal agents searching the location and the Secret Service agents who guard the former president. Leaders of the Justice Department were proceeding cautiously as well, agreeing with the FBI on these points even as tensions sometimes flared between agents and prosecutors.

‘THE Central Issue’: How the fall of Roe v. Wade shook the 2022 election
Yahoo News – Elena Schneider and Holly Otterbein (Politico) | Published: 12/19/2022

In May 2022, the midterm elections looked bleak, if not disastrous, for Democrats. But in dozens of focus groups, held by Democrats and Republicans in the wake of the U.S. Supreme Court’s ruling that struck down Roe v. Wade, campaign strategists kept making the same finding: abortion had not simply awakened Democratic voters, it was influencing swing voters. In many battleground and red-leaning states and districts, especially where Democrats spent millions of dollars to keep it at the forefront for voters, abortion access played an outsized role, reversing the party’s once abysmal outlook and stemmed the GOP’s expected “red wave.”

This Year’s Ballot Measures Will Change How Many Americans Vote
Center for Public Integrity – Aaron Mendelson | Published: 12/15/2022

Voting itself was on the ballot in the 2022 midterm elections, with initiatives seeking to revamp election laws in states across the country. Measures that promoted early voting and increased access to the ballot box saw wins in multiple states, but so did restrictive proposals that tightened voter ID laws or barred non-citizens from voting on local matters. The ballot measures suggest voters may take a more nuanced view on democracy than the politicians they elect, said Jasleen Singh of the Brennan Center for Justice.

Top Government Ethics Officer Was Late Disclosing His Personal Finances on Multiple Occasions
MSN – Kimberly Leonard (Business Insider) | Published: 12/20/2022

Office of Government Ethics General Counsel David Apol missed deadlines to report at least 12 different financial transactions since 2015. In two instances representing five transactions, he filed his federally mandated reports several months passed the deadline. Improperly reporting purchases and sales of bonds or stocks is a violation of the STOCK Act. Apol paid a fine for a late disclosure in 2020, certified documents show. His responsibilities include reviewing financial disclosures and writing ethics guidance for nearly 3 million federal employees.

U.S. Scrutinizes Political Donations by Sam Bankman-Fried and Allies
DNyuz – Kenneth Vogel and Ken Bensinger (New York Times) | Published: 12/17/2022

After cryptocurrency entrepreneur Sam Bankman-Fried was charged with multiple crimes, including campaign finance violations, prosecutors reached contacted campaigns and committees that had received millions of dollars from Bankman-Fried and his colleagues. The Justice Department’s inquiries appear to be an effort to gather evidence against Bankman-Fried and other former FTX executives, rather than against their political beneficiaries. Bankman-Fried is accused of conspiring with unnamed others to violate campaign finance laws that prohibit corporate donations to candidates’ campaigns and bar “straw donations.”

While Advising Trump on Judges, Conway Sold Her Business to a Firm with Ties to Judicial Activist Leonard Leo
MSN – Heidi Przybyla (Politico) | Published: 12/20/2022

Judicial activist Leonard Leo appears to have helped facilitate the sale of former White House adviser Kellyanne Conway’s polling company in 2017 as she was playing a key role in advocating for Leo’s handpicked list of U.S. Supreme Court candidates. The transaction came at a critical moment for Conway, shortly after her ownership of The Polling Company had come under scrutiny from a congressional committee for potential “conflicts-of-interest,” likely creating pressure to unload it even though its value was unclear because she was its biggest asset and committed to her White House job.

From the States and Municipalities

Arizona – Campaign Donors Attended Suns Games, Concerts with Council Members in Phoenix Suite
Axios – Jessica Boem | Published: 12/21/2022

Donors to Phoenix City Council campaigns attended concerts and sporting events with those council members in a city suite. The suite is to be used to promote the city, host distinguished guests, and enhance relationships with public agencies. It can also be used for youth groups or adults with developmental disabilities. Councilperson Laura Pastor said as the chair of the Economic Development and Equity Subcommittee, her time in the suite was “spent promoting the city and building strong relationships with businesses and labor groups.”

California – Beverly Hills Developer Gets 4 Years in Prison for Bribing L.A. County Official
MSN – Michael Finnegan (Los Angeles Times) | Published: 12/15/2022

A developer was sentenced to four years in prison for bribing a Los Angeles County official. Arman Gabaee admitted giving Thomas Shepos dozens of cash payoffs during furtive meetings in cars, restaurants, and men’s rooms while reaping lucrative real-estate leases in return. He also offered to buy Shepos a $1-million home in return for the county spending $45 million to lease office space at a Gabaee property. U.S. District Court Judge George Wu called the case an example of “systemic” public corruption. “There is so much of it going around,” the judge said.

California – Oakland Councilmember Rebecca Kaplan Fined $19,000 for Not Disclosing Property She Owned
MSN – Shomik Mukherjee (Bay Area News Group) | Published: 12/15/2022

Oakland City Council member Rebecca Kaplan was fined $19,000 for voting to fund millions of dollars in improvements for a large waterfront park after failing to disclose she and her parents owned a condominium nearby. Investigators determined Kaplan most likely made an honest mistake, though she had enough experience to know better. She did not list the condo’s address on her Form 700, in which elected officials must disclose annually their real property interests, later telling investigators she had not fully understood the reporting requirements.

Colorado – $10,000 Contribution to County Commissioner Did Not Require Recusal, Appeals Court Says
Denver Gazette – Michael Karlik (Colorado Politics) | Published: 12/16/2022

A judge was wrong to conclude a Larimer County Commission member needed to recuse himself from a land-use vote in which one of the parties was responsible for nearly 20 percent of his campaign contributions, the Colorado Court of Appeals ruled. Applying U.S. Supreme Court precedent, Judicial District Court Judge Juan Villaseñor considered the contributions so outsized as to suggest Donnelly would not be a neutral decision-maker, which is a key component of due process.

Colorado – The Fair Elections Fund Rollout Is Facing Issues. City Council and the Clerk and Recorder’s Office Are Discussing Last-Minute Fixes
Denverite – Kyle Harris | Published: 12/14/2022

The rollout of Denver’s Fair Election Fund, which aims to level the playing field between well-funded candidates and those with fewer resources, has been sort of messy. The April 4 election cycle is well underway, but questions about issues like donation limits, the qualifying period, and reporting deadlines linger. Now, the Clerk and Recorder’s Office is taking tweaks to the rules to the city council’s Finance and Governance Committee, hoping to make last-minute changes.

Connecticut – Bacon Brothers and Lobbyists Are Players at Lamont’s Inaugural Ball
MSN – Mark Pazniokas (Connecticut Mirror) | Published: 12/20/2022

Connecticut Gov. Ned Lamont’s second inaugural ball on January 4 will feature live music by the Bacon Brothers and a pre-party reception with the governor to thank sponsors who give as much as $25,000. Inaugural balls are perhaps the last place where a lobbyist or state contractor can exceed a $50 annual limit on entertaining an elected official. Contributions to an inaugural are deemed a gift to the state, not an individual. The inauguration itself is free and open to the public.

Florida – Miami Beach Limits Developers’ Spending on Elections. Here’s How They Get Around It
MSN – Aaron Leibowitz (Miami Herald) | Published: 12/16/2022

Developers and lobbyists seeking certain city approvals in Miami Beach, as well as active city vendors, are barred from donating to campaigns under rules that have expanded over the past two decades. The city’s laws, which are among the strictest in Miami-Dade County, say those on a list maintained by the city clerk’s office, cannot give to campaigns, either “directly or indirectly.” A Miami Herald review found that despite the city’s efforts to curb the influence of money in politics, Miami Beach developers routinely circumvent the rules and give to campaigns in various ways.

Florida – Pompano Vice Mayor Beverly Perkins Accused of Misusing Leftover Campaign Funds in 2020 Election
MSN – Lisa Huriash (South Florida Sun-Sentinel) | Published: 12/20/2022

Pompano Beach Vice Mayor Beverly Perkins, under investigation by Broward’s top government watchdog, is accused of misusing thousands of dollars in leftover campaign funds following her successful reelection campaign in 2020. The Broward Office of the Inspector General found Perkins and her treasurer made 22 post-election expenditures totaling $7,381.92, including J. Mark’s Restaurant and Bar, Costco, and Dollar Tree. The inspector general’s office will refer the case to prosecutors.

Hawaii – Honolulu Teacher Violated Ethics by Accepting $16,600 From School Volunteer
Honolulu Civil Beat – Viola Gaskell | Published: 12/16/2022

The Hawaii Ethics Commission said a teacher at Moanalua Elementary School must return $16,600 given to her by an elderly donor who volunteered at the school. The donor gave Irene Bayudan six cashier’s checks while working on volunteer projects with her at the school, all of which she deposited into her personal bank account. The donor told the commission he gave Bayudan the money because “he felt that teachers were underpaid and he wanted to help her out.”

Illinois – Judge Gives 16 Months to Chinatown Developer Whose Cooperation Helped Kick Off Massive Corruption Probe
MSN – Jason Meisner (Chicago Tribune) | Published: 12/21/2022

Developer See Wong was sentenced to 16 months in prison for a $1.65 million fraud scheme stemming from a condominium project in Chicago that collapsed amid the global financial crisis in the late 2000s. Wong received a break on his sentence because of his cooperation with federal authorities – including wearing a wire on former Ald. Daniel Solis – that helped ensnare Solis, former Ald. Edward Burke, and ex-House Speaker Michel Madigan in what has become one of the biggest public corruption cases ever brought in Chicago.

Maryland – Ethics Board Asks Judge to Fine Council President Mosby $1,000 Per Day
MSN – Chris Berinato and Maxine Streicher (WBFF) | Published: 12/20/2022

The Baltimore City Board of Ethics is asking a judge to fine city council President Nick Mosby up to $1,000 per day for failing to comply with its order to stop fundraising and disclose legal defense fund donors. In May, the Board determined Mosby violated ethics rules when a legal defense fund was established in his name and some contributions had come from city contractors.

Maryland – Harford County Withholds Jacob Bennett’s Council Paycheck Amid Lawsuit
MSN – Jason Fontelieu (Baltimore Sun) | Published: 12/20/2022

Harford County Councilperson Jacob Bennett did not receive a paycheck from the county when council members were paid. Bennett has faced backlash from County Executive Bob Cassilly due to a provision in the law that Cassilly believes prevents Bennett from serving on the council while maintaining his job as a public-school teacher. Lawyers for the Maryland State Education Association and Harford County Public Schools have said there is no conflict-of-interest preventing Bennett from serving on the council.

Massachusetts – A Charlie Baker-Aligned Super PAC Broke State Law by Touting Him as ‘Special Guest’ at Fundraiser, Regulators Say
MSN – Matt Stout (Boston Globe) | Published: 12/16/2022

A super PAC aligned with Massachusetts Gov. Charlie Baker broke state campaign finance law when it advertised him as a special guest at a summer fundraiser, despite being previously warned by regulators that using Baker’s name to raise cash was not allowed, according to a letter officials sent the group. The Massachusetts Majority PAC was forced to purge $17,500, the amount it raised from the event. State law strictly prohibits coordination between candidates and super PACs, including barring elected officials from helping “finance” a PAC.

Minnesota – Lobbying Law Could Squeeze Some Minnesota Legislators
MPR News – Brian Bakst | Published: 12/16/2022

A lobbying law about to take effect in Minnesota aims to bar legislators from working for entities that exist primarily for lobbying or government affairs work. The same prohibition would apply to lawmakers who take on certain roles at organizations that employ or contract with lobbyists. Depending on how the statute is interpreted and enforced, it could require some lawmakers to choose between serving in the Legislature or continuing in their outside occupations. Campaign Finance and Public Disclosure Board Executive Director Jeff Sigurdson said one aspect of the law redefined who could fall under the lobbyist umbrella.

Minnesota – Regulators Push for More Financial Transparency in Minnesota Politics
Minneapolis Star Tribune – Jessie Van Berkel | Published: 12/17/2022

Spouses of public officials in Minnesota, unlike many other states, do not publicly report their financial interests. That would change if legislators follow the direction of the state’s Campaign Finance and Public Disclosure Board, which made numerous recommendations largely aimed at improving transparency in campaigns and government. The board also proposed regulating cryptocurrency donations to campaigns and expanding public reporting on lobbying and on ads that do not expressly advocate for a candidate but can influence votes.

Nevada – For These Nevada Lobbyists, Politics Is a Family Affair
MSN – Taylor Avery (Las Vegas Review-Journal) | Published: 12/17/2022

Having the opportunity to follow in a family member’s footsteps and carry on the legacy of their work is a dream many envision but few realize. In Nevada’s political sphere, however, many have successfully taken up the helm and followed their parents into the world of lobbying. Even before joining his father’s firm, the Ferraro Group, becoming a lobbyist was Tommy Ferraro’s dream job since “Day One.”

New York – Foes of Drag Queen Story Hours Invade New York Councilman’s Home
DNyuz – Liam Stack (New York Times) | Published: 12/20/2022

Protesters descended on the home and the office of a gay member of the New York City Council, vandalizing the walls with homophobic graffiti and attacking one of his neighbors over his support for Drag Story Hour events at local libraries. The council member, Erik Bottcher, documented the vandalism on social media, where he also shared a video of protesters screaming and banging on his office door. Drag story hour events have drawn an increasing number of protests and threats across the country in recent years, including a series of tense demonstrations in New York, a city known for its inclusivity.

New York – Who Is Rep.-Elect George Santos? His Résumé May Be Largely Fiction.
Yahoo News – Grace Ashford and Michael Gold (New York Times) | Published: 12/19/2022

George Santos’ upset victory in a Long Island district helped Republicans gain control of the U.S. House. His campaign biography amplified his storybook journey. He is the son of Brazilian immigrants and is the first openly gay Republican to win a U.S. House seat as a non-incumbent. By his account, he became a “seasoned Wall Street financier and investor” with a family-owned real estate portfolio and an animal rescue charity. But a New York Times review of public documents and court filings, as well as various attempts to verify claims that Santos made on the campaign trail, calls into question key parts of the résumé he sold to voters.

North Carolina – N.C. Court Strikes Down Voter ID Law as Intentional Racial Discrimination
MSN – Eugene Scott, Azi Paybarah, and Amy Gardner (Washington Post) | Published: 12/16/2022

The North Carolina Supreme Court struck down a state voter identification law, ruling Republican lawmakers acted unconstitutionally to minimize Democratic voters’ power with a law that intentionally discriminated against Black voters. Senate Bill 824 required every voter to present one of a few specific forms of photo identification, a measure the justices ruled was passed in part to discriminate against Black voters. Despite most voters having at least one of the forms of identification, the risk of having voters suppressed was very real, they said.

Ohio – Butler County Auditor Found Guilty on One Felony Count
WCPO – Lauren Pack and Rick McCrabb | Published: 12/21/2022

A jury found Butler County Auditor Roger Reynolds guilty of one of the five charges he faced in a public corruption trial. Because he was convicted of a felony, he will not be able to serve as auditor. The charge was related to Reynolds advocating for Lakota Schools to build a golf academy at a private country club with tax money that school districts receive from the auditor’s office.

Ohio – FirstEnergy Execs Promised DeWine Administration Would ‘Step In’ for Scandal-Tainted HB6, Emails Show
MSN – Jake Zuckerman and Jeremy Pelzer (Cleveland Plain Dealer) | Published: 12/22/2022

A FirstEnergy executive privately pledged that Ohio Gov. Mike DeWine’s administration would “step in” to support legislation now at the center of the largest public corruption scheme in state history, documents show. As the tainted legislation neared the finish line in 2019, FirstEnergy executives discussed deploying lawmakers and top state officials to push for the law’s passage. Prosecutors allege FirstEnergy paid roughly $60 million to a nonprofit controlled by then-House Speaker Larry Householder so he would champion a bailout of two nuclear plants and energy legislation worth more than $1.3 billion to the company and its subsidiary.

Ohio – Three Former Toledo City Councilmembers Plead Guilty in Corruption Probe
MSN – Adam Ferrise (Cleveland Plain Dealer) | Published: 12/16/2022

Three of four former Toledo City Council members accused of soliciting and taking bribes in exchange for votes pleaded guilty to federal charges. Yvonne Harper pleaded guilty to conspiracy to commit bribery, and Larry Sykes and Tyrone Riley each pleaded guilty to one count of extortion. The FBI in July 2020 arrested the group, along with attorney Keith Mitchell, in connection with the probe that shined a light on the tactics the council used to line their pockets with cash in exchange for favors. The four former members of council represented one-third of council at the time of the arrests. All four later resigned from council.

Oregon – Oregon Agencies Scrutinize Controversial Fiber-Optic Deal in Morrow County
MSN – Mike Rogoway (Portland Oregonian) | Published: 12/15/2022

The nonprofit Inland Development Corp. provides fiber-optic internet connections for local government offices and health care agencies. It also served businesses in Morrow County, including Amazon, which has spent more than $8 billion dollars building large data centers in the remote Oregon community. Inland sold the business side of its organization to four local officials as Amazon was seeking new tax breaks. The transaction positioned the local officials to profit from Amazon’s continued growth in the county. The buyers continued to participate in some votes on issues affecting Amazon after the purchase.

South Carolina – SC Coroner Flouts Transparency Laws, Hires Ex-SC State Police Chief Caught in Scam
Charleston Post and Courier – Tony Bartelme | Published: 12/18/2022

In 2019, Michael Bartley applied for a part-time job as a county deputy coroner. He seemed well-qualified, with previous mortuary experience and having served as police chief at South Carolina State University. When asked on a hiring questionnaire whether he had ever stolen anything from his employers, Bartley wrote no. Left unmentioned was his guilty plea to federal charges that he used his public law enforcement job for personal gain in a kickback scheme involved a kickback scheme. His boss, Orangeburg County Coroner Samuetta Marshall, owes the state Ethics Commission $12,430 over violations of open government rules.

South Dakota – Ethics Board Dismisses Noem Plane Case, Says Law Is Unclear
MSN – Stephen Groves (Associated Press) | Published: 12/20/2022

The Government Accountability Board dismissed a complaint against South Dakota Gov. Kristi Noem for using state government aircraft to attend events hosted by political organizations because state law does not define what is meant by “state business.” “It is not felt that the board has authority to establish a definition of state business,” board member David Gienapp said, and suggested that was the purview of the Legislature. Hughes County State’s Attorney Jessica LaMie said in October that her office found “no basis” to pursue charges on the allegations that Noem had misused the state plane or that the plane’s flight records had been altered.

Texas – Grid Reforms Becomes Power Company Lobbyist
Texas Observer – Justin Miller | Published: 12/20/2022

The former chairperson of the House State Affairs Committee, Chris Paddie, has registered as a lobbyist. Though many other Texans have gone straight from public office into private sector lobbying, Paddie’s case is unique in that it poses a challenge to an untested “revolving door” law. That law is one of the state’s few restrictions on a former elected official’s otherwise unfettered ability to capitalize on insider access and legislative expertise.

Virginia – Virginia Subcommittee on Campaign Finance Reform Still Failing to Complete Only Job
Virginia Mercury – Graham Moomaw | Published: 12/21/2022

For a second year in a row, the subcommittee created to take a “comprehensive” look at whether Virginia needs stronger limits on money in politics appears to be failing to complete its only task. It has not met in 2022 and no meeting dates have been set ahead of the 2023 legislative session that starts in January. Virginia currently has virtually no limits on how much money political campaigns can accept from one source and no law prohibiting politicians from spending that money on themselves instead of their campaigns.

Washington DC – Rudy Giuliani Likely Committed Misconduct Over 2020 Election, DC Bar Panel Finds
MSN – Zoe Tillman (Bloomberg) | Published: 12/15/2022

Attorney disciplinary regulators recommended Rudy Giuliani be disbarred in Washington, D.C., after a local bar association panel’s preliminary finding he likely committed misconduct in pressing Donald Trump’s failed legal challenge to President Biden’s 2020 win in Pennsylvania. Disciplinary Counsel Hamilton Fox argued the severe sanction was appropriate because Giuliani’s conduct in Pennsylvania was part of a broader effort to undermine the legitimacy of an election. The hearing committee’s decision is not final and could change as the case continues to wind through the District of Columbia Bar Association’s disciplinary process.

The New York General Assembly will convene for a one-day special session on December 22 to consider pay raises for lawmakers.

A special election has been scheduled to be held on February 21 in New Hampshire.

The special election is necessary after the Rochester House race between Republican David Walker and Democrat Rep. Chuck Grassie ended in a tie earlier this year.

Campaign Finance

National: “Scam PAC Operator Uncovered by CNN’s KFile Pleads Guilty in Federal Court” by Andrew Kaczynski and Em Steck (CNN) for MSN

Florida: “Pompano Vice Mayor Beverly Perkins Accused of Misusing Leftover Campaign Funds in 2020 Election” by Lisa Huriash (South Florida Sun-Sentinel) for MSN

Virginia: “Virginia Subcommittee on Campaign Finance Reform Still Failing to Complete Only Job” by Graham Moomaw for Virginia Mercury

Ethics

National: “House Committee Votes to Make Public Trump’s Tax Returns” by Michael Kranish, Jonathan O’Connell, Amy Wang, Azi Paybarah, and Marianna Sotomayor (Washington Post) for MSN

National: “An ‘Imperial Supreme Court’ Asserts Its Power, Alarming Scholars” by Adam Liptak (New York Times) for Yahoo News

Maryland: “Harford County Withholds Jacob Bennett’s Council Paycheck Amid Lawsuit” by Jason Fontelieu (Baltimore Sun) for MSN

New York: “Foes of Drag Queen Story Hours Invade New York Councilman’s Home” by Liam Stack (New York Times) for DNyuz

South Carolina: “SC Coroner Flouts Transparency Laws, Hires Ex-SC State Police Chief Caught in Scam” by Tony Bartelme for Charleston Post and Courier

South Dakota: “Ethics Board Dismisses Noem Plane Case, Says Law Is Unclear” by Stephen Groves (Associated Press) for MSN

Campaign Finance

Colorado: “The Fair Elections Fund Rollout Is Facing Issues. City Council and the Clerk and Recorder’s Office Are Discussing Last-Minute Fixes” by Kyle Harris for Denverite

Connecticut: “Bacon Brothers and Lobbyists Are Players at Lamont’s Inaugural Ball” by Mark Pazniokas (Connecticut Mirror) for MSN

Minnesota: “Regulators Push for More Financial Transparency in Minnesota Politics” by Jessie Van Berkel for Minneapolis Star Tribune

Elections

New York: “Who Is Rep.-Elect George Santos? His Résumé May Be Largely Fiction.” by Grace Ashford and Michael Gold (New York Times) for Yahoo News

Ethics

National: “Top Government Ethics Officer Was Late Disclosing His Personal Finances on Multiple Occasions” by Kimberly Leonard (Business Insider) for MSN

National: “While Advising Trump on Judges, Conway Sold Her Business to a Firm with Ties to Judicial Activist Leonard Leo” by Heidi Przybyla (Politico) for MSN

Lobbying

Texas: “Grid Reforms Becomes Power Company Lobbyist” by Justin Miller for Texas Observer

Procurement

National: “Congress Passes Bill to Rein in Conflicts of Interest for Consultants Such as McKinsey” by Ian MacDougall for ProPublica

Campaign Finance

National: “U.S. Scrutinizes Political Donations by Sam Bankman-Fried and Allies” by Kenneth Vogel and Ken Bensinger (New York Times) for DNyuz

Colorado: “$10,000 Contribution to County Commissioner Did Not Require Recusal, Appeals Court Says” by Michael Karlik (Colorado Politics) for Denver Gazette

Florida: “Miami Beach Limits Developers’ Spending on Elections. Here’s How They Get Around It” by Aaron Leibowitz (Miami Herald) for MSN

Elections

National: “‘THE Central Issue’: How the fall of Roe v. Wade shook the 2022 election” by Elena Schneider and Holly Otterbein (Politico) for Yahoo News

North Carolina: “N.C. Court Strikes Down Voter ID Law as Intentional Racial Discrimination” by Eugene Scott, Azi Paybarah, and Amy Gardner (Washington Post) for MSN

Ethics

National: “Jan. 6 Panel Urges Trump Prosecution with Criminal Referral” by Eric Tucker, Mary Claire Jalonick, and Farnoush Amiri for Associated Press News

Ohio: “Three Former Toledo City Councilmembers Plead Guilty in Corruption Probe” by Adam Ferrise (Cleveland Plain Dealer) for MSN

Lobbying

Nevada: “For These Nevada Lobbyists, Politics Is a Family Affair” by Taylor Avery (Las Vegas Review-Journal) for MSN

Virginia Gov. Youngkin announced a special election to replace the late Del. Ronnie Campbell will take place January 10, 2023.

Del. Campbell passed away this past week after a battle with cancer.

Campbell represented the 24^th District of the Virginia House of Delegates.

His wife, Ellen Campbell has announced that she will run for her late husband’s seat.

Campaign Finance

Massachusetts: “A Charlie Baker-Aligned Super PAC Broke State Law by Touting Him as ‘Special Guest’ at Fundraiser, Regulators Say” by Matt Stout (Boston Globe) for MSN

Elections

National: “This Year’s Ballot Measures Will Change How Many Americans Vote” by Aaron Mendelson for Center for Public Integrity

Ethics

California: “Beverly Hills Developer Gets 4 Years in Prison for Bribing L.A. County Official” by Michael Finnegan (Los Angeles Times) for MSN

Hawaii: “Honolulu Teacher Violated Ethics by Accepting $16,600 From School Volunteer” by Viola Gaskell for Honolulu Civil Beat

Oregon: “Oregon Agencies Scrutinize Controversial Fiber-Optic Deal in Morrow County” by Mike Rogoway (Portland Oregonian) for MSN

Washington DC: “Rudy Giuliani Likely Committed Misconduct Over 2020 Election, DC Bar Panel Finds” by Zoe Tillman (Bloomberg) for MSN

Lobbying

Europe: “Bribery Case Cracks Open European Parliament – and Finds Hidden Cash” by Matina Stevis-Gridneff, Monika Pronczuk, Tariq Panja, and Sarah Hurtes (New York Times) for DNyuz

Minnesota: “Lobbying Law Could Squeeze Some Minnesota Legislators” by Brian Bakst for MPR News

As a result of a struggle over who holds a majority in the Pennsylvania state House, lawmakers scheduled special elections on two different dates to fill the same two vacancies.

Democratic leadership scheduled special elections to fill vacancies in House District 34 and 35 for February 7, 2023, while Republican leadership scheduled them for May 16, 2023.

A lawsuit filed by Republican representatives will likely determine when the special elections will be held and which party has the power to schedule them.

December is now upon us, and as everyone is in the midst of work, family and holiday season obligations, it is important to take some time this month to get into “PRO” mode in preparation for 2023.  What is PRO mode, you ask?  Well:

P is for Planning – December is a great time to take a look back at your planning strategies for this year and make some tweaks to get yourself ready for 2023!  Do you typically put off work projects, travel plans or other things on your “to do” list until the very last minute, no doubt causing you stress and anxiety?  Assess why this is the case and think about some ways that you might be able to improve your “tackling that list” timing!

R is for Reflecting – December is also a great time to begin reflecting upon the current year:  What were your wins or significant accomplishments?  What were your challenges? Who were the people this year whom were your greatest allies, and whom made the biggest impact on you? What are your goals for 2023?

O is for Organizing – Remember those goals for 2023 that’s now on your radar?  December is a great time to start organizing to set yourself up for achieving those goals!  Maybe you get yourself a new planner and some colorful pens for writing down your next steps? Or, maybe you begin decluttering your home or office space in preparation for the new year and a new outlook?!

As you prepare for 2023, don’t forget to also take the time to reach out to those in your circle and ask them how they plan to get into “PRO” mode for 2023?  I wish you all a very happy and safe holiday season, and all the best for the coming year!

National/Federal

Advocates Seek Federal Investigation of Multistate Effort to Copy Voting Software
MSN – Emma Brown, Aaron Davis, and Jon Swaine (Washington Post) | Published: 12/12/2022

An effort by supporters of former President Trump to copy sensitive voting software in multiple states after the 2020 election deserves attention from the federal government, including a criminal investigation and assessment of the risk posed to election security, according to election-security advocates. They said by copying voting software and circulating it “in the wild,” partisan election deniers have created a digital road map that could help hackers alter results or disrupt voting.

‘Dark Money in Politics an Even Darker Place’ Now, Judges Warn
Washington Post – Rachel Weiner | Published: 12/14/2022

Watchdogs looking to toughen federal enforcement of campaign finance laws will not get any help from the judiciary after an appellate court ruling that advocates and some judges warn will lead to more untraceable election spending. A nonprofit asked the U.S. Court of Appeals for the District of Columbia Circuit to take another look at a decision that prevented courts from reviewing FEC decisions or stopped private parties from challenging the commission’s decisions for cases in which the agency invokes “prosecutorial discretion.” Writing for the three-judge panel, Judge Neomi Rao said, “prosecutorial discretion is not judicially reviewable.”

DOJ: Barrack, Wynn losses won’t derail foreign influence crackdown
MSN – Caitlin Oprysko (Politico) | Published: 12/8/2022

The head of the Justice Department’s counterintelligence division vowed the department would not be deterred by a string of recent legal setbacks in its attempts to crackdown on foreign influence efforts in the United States. “We will continue to bring hard cases,” Jay Bratt said at a conference for Foreign Agents Registration Act (FARA) lawyers. Bratt was pushing back on the suggestion by some FARA practitioners that the recent acquittal of Tom Barrack on charges of illegal foreign lobbying could trigger a retrenchment by the department.

Ex-Venezuelan Treasurer, Husband Convicted of Corruption in First Trial of Its Kind in Florida
MSN – Jay Weaver and Antonio Maria Delgado (Miami Herald) | Published: 12/13/2022

A former Venezuelan national treasurer and her husband were found guilty of accepting tens of millions of dollars in bribes and moving their tainted money to Miami. Claudia Díaz Guillen and her husband, Adrian Velásquez Figueroa, were convicted after a few hours of deliberations by a federal jury of money laundering conspiracy and related charges. Díaz was the first former Venezuelan official to face trial among dozens of elite businessmen, lawyers, and officials who have been charged with foreign corruption extending from their homeland to South Florida, a hub for so-called kleptocrats seeking a haven for their ill-gotten fortunes, federal authorities say.

FTX Founder Bankman-Fried’s Campaign Finance Charges ‘Just the Tip of the Iceberg’
MSN – Julia Manchester (The Hill) | Published: 12/13/2022

FTX founder Sam Bankman-Fried was charged with violating a slew of campaign finance laws, marking another major blow for the former cryptocurrency leader. The federal indictment alleged that in addition to committing securities and wire fraud, Bankman-Fried gave a minimum of $25,000 in campaign finance donations to campaigns and PACs “in the names of other persons.” He was one of the most prominent donors in this campaign cycle. Citizens for Responsibility and Ethics in Washington had filed a complaint requesting the FEC investigate Bankman-Fried for campaign finance violations.

GOP Operative Who Allegedly Kicked a Dog Hired as Top Aide to New Congressman
Yahoo News – Daniel Lippman (Politico) | Published: 12/13/2022

Brandon Phillips, a veteran Republican operative who is slated to be chief of staff for incoming U.S. Rep. Mike Collins, was arrested in November on a misdemeanor charge of animal cruelty for allegedly kicking a dog. In 2016, Phillips resigned as Donald Trump’s state director in Georgia after his prior criminal history was revealed. He participated in a meeting that was held exclusively for congressional chiefs of staff for Georgia Republicans. Phillips also was with Collins for new member orientation.

House Democrats Reject Committee Term Limit Proposal
MSN – Lindsay McPherson (Roll Call) | Published: 12/13/2022

U.S. House Democrats rejected an effort to limit how long their committee leaders can serve without a waiver from the entire caucus. An amendment would have set a six-year term limit for committee leaders, counting time served as chair and ranking member together. Rep. Bill Foster said the members who are held back by the current system are the younger, more diverse members and his amendment would have given those members earlier opportunities to serve in committee leadership positions.

House GOP Reckons with ‘Candidate Quality’ Problem After Midterms – and ahead of 2024
MSN – Ally Mutnick (Politico) | Published: 12/13/2022

Republicans gained control of Congress thanks to wins by some of their strongest recruits in years. But far-right, inexperienced, and Donald Trump-endorsed candidates lost winnable seats across the country. Some House members and operatives are already debating and trading ideas about how to multiply the number of top-tier candidates and avoid unelectable ones. Recruitment has taken on increasing importance after the midterms. The GOP’s narrow majority will make governing nearly impossible and make the next battle for the House in 2024 a toss-up.

In Senate Shake-Up, Sinema Changes Her Party Affiliation to Independent
MSN – Liz Goodwin, John Wagner, Eugene Scott, and Leigh Ann Caldwell (Washington Post) | Published: 12/9/2022

U.S. Sen. Kyrsten Sinema announced she was leaving the Democratic Party, dampening Senate Democrats’ post-midterms celebrations and potentially endangering party’s chances of holding onto the seat in 2024. Some Arizona Democrats accused Sinema of making the switch for political reasons, to avoid a near-certain Democratic primary challenge in 2024 if she decides to run as an independent in that race. But Sinema, and some of her colleagues in the Senate, said her decision was more about reflecting a discomfort with formally belonging to a party that increasingly felt alien to her in recent years.

Inside the Secret $32M Effort to Stop ‘Stop the Steal’
MSN – Zach Montellaro (Politico) | Published: 12/12/2022

A pair of progressive organizations operating in complete secrecy spearheaded a $32 million campaign during the midterms to push back against former President Trump’s “Stop the Steal” movement. The effort was undertaken by two newly created groups: Pro-Democracy Center and Pro-Democracy Campaign. Those groups operated in states across the country as the election system faced unprecedented pressure from Trump and his allies, who falsely said the 2020 election was stolen.

Kavanaugh Holiday Party Appearance Raises More Ethics Questions
Bloomberg Law – Lydia Wheeler | Published: 12/12/2022

It was reported that Justice Brett Kavanaugh attended a private holiday party at the home of Matt Schlapp, who is chairperson of the Conservative Political Action Coalition, and attendees included Stephen Miller, whose group America First Legal Foundation has interests in cases now pending before the court. Kavanaugh’s party-going raises questions about when a justice’s personal relationships cross a line and become problematic. Democrats have recently renewed calls for sitting Supreme Court justices to follow a formal judicial code of ethics.

Police Raid More EU Parliament Offices in Corruption Probe
MSN – Samuel Petrequin (Associated Press) | Published: 12/12/2022

Prosecutors investigating alleged influence peddling at the European Parliament charged four people with corruption, participation in a criminal group, and money laundering. Parliament Vice President Eva Kaili of Greece was relieved of her duties. Authorities have not identified the country suspected of offering cash or gifts to officials in exchange for political favors, but several members of the assembly and some Belgian media have linked the investigation to Qatar. Critics said the scandal was symptomatic of a more widespread problem with corruption not just in the European Parliament, but across all the European Union institutions.

‘Stealth’ Efforts to Influence Supreme Court Discussed by Judiciary Committee
MSN – Ann Marimow and Emma Brown (Washington Post) | Published: 12/8/2022

In testimony to the House Judiciary Committee, evangelical minister Robert Schenck said he encouraged wealthy Christian couples to use tactics like donations to the Supreme Court Historical Society to meet justices and to parlay those encounters into closer relationships to achieve their objectives at the court. Schenck was subpoenaed to testify as part of an effort by Democrats on the committee to strengthen ethics rules for justices, who are not bound by any code of conduct and are responsible for policing themselves. Critics say that structure allows for loopholes that undermine public faith in the court’s independence.

Transgender Americans Feel Under Siege as Political Vitriol Rises
Yahoo – Maggie Astor (New York Times) | Published: 12/10/2022

Intimidation and violence against gay and transgender Americans spread in 2022, driven heavily, extremism experts say, by inflammatory political messaging. Over the past couple of years, it has become routine for conservatives to liken transgender people and their allies to pedophiles, and to equate discussion of gender identity with “grooming” children for sexual abuse, reminiscent of campaigns against gay rights dating back to the 1970s to turn increasing visibility of transgender Americans into a political wedge.

Trump Told Crowd to ‘Fight Like Hell’ Before Riot. Can He Be Sued?
MSN – Rachel Weiner (Washington Post) | Published: 12/7/2022

A federal appeals court debated whether Donald Trump can be forced to pay damages for his role in the riot at the U.S. Capitol to lawmakers and police officers injured by the mob. While they struggled with the line between protected speechmaking and actionable incitement, all three judges on indicated that a line exists, and the former president may have crossed it. One judge, a Trump appointee who served in his administration, said Trump potentially instigated violence when he told his supporters the election was stolen and urged them to march on the Capitol and “fight like hell.”

U.S. Judge Won’t Hold Trump’s Office in Contempt, People Familiar Say
MSN – Spencer Hsu, Jacqueline Alemany, and Josh Dawsey (Washington Post) | Published: 12/9/2022

U.S. Sen. Kyrsten Sinema announced she was leaving the Democratic Party, dampening Senate Democrats’ post-midterms celebrations and potentially endangering party’s chances of holding onto the seat in 2024. Some Arizona Democrats accused Sinema of making the switch for political reasons, to avoid a near-certain Democratic primary challenge in 2024 if she decides to run as an independent in that race. But Sinema, and some of her colleagues in the Senate, said her decision was more about reflecting a discomfort with formally belonging to a party that increasingly felt alien to her in recent years.

What the Jan. 6 Select Committee’s Final Report Will Look Like
MSN – Kyle Cheney and Nicholas Wu (Politico) | Published: 12/12/2022

The final report of the House select committee that has been investigating the January 6 insurrection will begin with a voluminous executive summary describing former President Trump’s culpability for his extensive and baseless effort to subvert the 2020 election, according to people briefed on its contents. Drafts of the report include thousands of footnotes drawn from the panel’s interviews and research over the past 16 months into Trump’s activities in the final weeks that preceded January 6, 2021, when a mob of his supporters battered police and stormed the Capitol.

From the States and Municipalities

Arizona – Kari Lake Sues Arizona’s Largest County, Seeking to Overturn Her Defeat
DNyuz – Alexandra Berzon, Ken Bensinger, and Charles Homans (New York Times) | Published: 12/9/2022

Kari Lake, the losing Republican candidate for governor of Arizona, filed a lawsuit contesting the results of the election. Lake’s lawsuit came after she had spent weeks making a series of public statements and social media posts aimed at sowing doubt in the outcome of a contest she lost by more than 17,000 votes to her Democratic opponent, Katie Hobbs. That loss was certified in documents signed by Hobbs, who currently serves as secretary of state.

California – Former SF Building Inspector Pleads Guilty to Taking Illegal Payments
MSN – Staff (KBCW) | Published: 12/9/2022

Bernard Curran, a former San Francisco building inspector, pleaded guilty to two counts of accepting gratuity payments as rewards for approving building permits. In one instance, Curran accepted $260,000 from a developer to assist Curran in paying down his existing residential mortgage so he could obtain favorable refinancing rates. Though he intended to repay the money, he knew that accepting it was improper and created a forbidden conflict-of-interest. Curran admitted the developer never required him to repay $30,000 of the outstanding balance.

California – Leaked Tape Turns LA City Council Member into a Fugitive in His Hometown
MSN – Alexander Nieves and Jeremy White (Politico) | Published: 12/13/2022

Two months after becoming entangled in a racism scandal that shook public trust in Los Angeles government, disgraced city council member Kevin de León has refused calls to resign and is attempting to rehabilitate his reputation. His situation deteriorated when he scuffled with an activist who heckled him at a holiday toy giveaway that was posted on Twitter. The confrontation left children at the event in tears. When De Leon appeared at his first council meeting since mid-October, it set off a chaotic protest between competing factions in the audience.

Colorado – Denver Schools Investigated Former Principal Over $175K in Purchases, Then Promoted Her
Yahoo News – David Migoya (Colorado Springs Gazette) | Published: 12/11/2022

A Denver Public Schools principal with a history of financial woes was investigated last year over allegations that more than $175,000 was misspent on district credit cards, nearly half of it unaccounted for and without receipts, but managed to keep her job and was eventually promoted. Although the school district confiscated the credit card it issued to Kimberly Grayson over concerns of misspending, as well as the cards issued to three others she supervised at the school, the district later gave the card back to Grayson and, according to documents, her spending quickly resumed.

Florida – Sunset Lounge Dispute with City of West Palm Beach Headed to Trial in May
MSN – Terri Parker (WBPF) | Published: 12/13/2022

The lawsuit by Vita Lounge LLC against the West Palm Beach Community Redevelopment Agency over the Sunset Lounge bid award is headed to trial in May. Vita Lounge claims it was improperly disqualified from running the historic venue after it won the bid to negotiate a contract. The city’s procurement director said Vita violated the city code surrounding such bids by lobbying people to contact the mayor and commission via Facebook posts.

Georgia – Georgia Secretary of State Calls for End to Runoff Elections
MSN – Matthew Brown (Washington Post) | Published: 12/14/2022

Georgia Secretary of State Brad Raffensperger called on the Legislature to eliminate runoff voting during its session next year after another bitter overtime election gripped the state. Raffensperger cited the added stress that conducting a runoff election puts on counties and voters as part of his reasoning. Georgia’s peculiar runoff system is the product of its post-segregationist election laws, which lawmakers later admitted were intended to suppress emerging Black political power.

Georgia – Special Counsel Sends Trump Subpoena to Ga. Secretary of State Raffensperger
MSN – Amy Gardner (Washington Post) | Published: 12/12/2022

Special counsel Jack Smith sent grand jury subpoenas to Georgia Secretary of State Brad Raffensperger and to authorities in Clark County, Nevada, bringing to six the number of 2020 battleground states where state or local election officials are known to have received such requests for all communications with Donald Trump, his campaign, and a long list of aides and allies. Raffensperger shot to prominence following a January 2, 2021, phone call with Trump in which the then-president urged him to “find” enough votes to reverse his defeat in Georgia.

Hawaii – Most Hawaii Campaign Spending Violators Never See Jail Time
Honolulu Civil Beat – Blaze Lovell | Published: 12/15/2022

Criminal referrals are rare for violations of campaign finance law in Hawaii. Certain campaign finance crimes are classified as Class C felonies, punishable by up to five years in prison and $10,000 in fines. But jail time has not been levied against campaign spending violators since the early 2000s. In the past, the Hawaii Ethics Commission had to choose between referring a case to prosecutors and assessing fines. A new law allows the commission to assess fines and refer a case to prosecutors concurrently.

Michigan – Dana Nessel: Keep Lee Chatfield records secret to avoid embarrassment
Bridge Michigan – Kelly House and Jonathan Oosting | Published: 12/14/2022

Michigan Gov. Gretchen Whitmer vowed to enact laws that would make records from her office and the Legislature publicly available and said the state needs to examine loopholes in lobbying rules that potentially contributed to the actions of former House Speaker Lee Chatfield, who is under criminal investigation over allegations of bribery, campaign finance violations, and other crimes. Assistant Attorney General Michael Frezza told a judge the probe involves other high level government officials and lobbyists.

Mississippi – Ethics Commission’s Final Order: Law does not require Legislature to meet in public
Mississippi Today – Bobby Harrison | Published: 12/14/2022

Members of the Mississippi Ethics Commission approved a final order saying the state Legislature is not bound by the open meetings law. The order adopted on December 14 saying the Legislature is not a public body as defined by the law was a final order. The issue arose from a complaint saying House Speaker Philip Gunn was violating the open meetings law when the Republican Caucus, which includes 75 members of the 122-member House, meets routinely behind closed doors. The constitution mandates that a majority of either the House or Senate is a quorum.

New Jersey – Bill to Revamp Campaign Finance Laws Clears Assembly Hurdle
New Jersey Monitor – Nikita Biryukov | Published: 12/13/2022

A New Jersey Assembly panel approved a new version of a bill that would revamp campaign finance laws that supporters say are outdated, but critics warned the changes could shield corruption and increase the influence of wealthy donors. Assembly Bill 4372 would double campaign contribution limits, bolster the state’s gubernatorial public financing program, and revise the state’s “pay-to-play” laws.

New Jersey – N.J. Politicians Could Soon Have Their Home Addresses Blocked Out on Public Records
MSN – Brent Johnson (Newark Star Ledger) | Published: 12/13/2022

Two years after passing a law that shields the home addresses of judges and law enforcement officials in New Jersey out of security concerns, state lawmakers are now advancing legislation that keep their own addresses, and those of other politicians, from being released to the public. Sponsors say the bill is needed to protect politicians in the wake attacks on public officials in recent years. Critics note lawmakers would be exempting themselves when there have been attacks on Jewish people, LGBTQ people, reporters, and others who would not get the same protections.

New Mexico – NM Lawmakers Update Anti-Harassment Policy for the Roundhouse
Albuquerque Journal – Dan McKay | Published: 12/12/2022

Legislative leaders in New Mexico agreed to reshape how sexual harassment investigations are conducted at the state Legislature, a move intended to make it more difficult for inquiries to die on a tie vote. The new policy adds an outside attorney to a key panel that investigates harassment complaints lodged against legislators, putting the attorney in position to cast a tie-breaking vote on whether a case moves forward. The change comes after a high-profile harassment case against Sen. Daniel Ivey-Soto.

New York – NYC Mayor’s Chief of Staff Will Keep a Public Board Seat with Possible Conflict
MSN – Gregory Korte (Bloomberg) | Published: 12/12/2022

Camille Varlack, the incoming chief of staff to New York City Mayor Eric Adams, serves on the board of a publicly owned energy company that does business with the city, a $140,000-a-year role she plans to keep despite a conflict-of-interest policy that generally prohibits the practice. The city charter prohibits city officials from having “an interest in a firm which such public servant knows is engaged in business dealings with the agency served by such public servant.” Sometimes employees can secure a waiver from the Conflicts of Interest Board, but the board said no such request has been granted or initiated by the mayor’s office.

Ohio – Judge Will Allow ‘Pay-to-Play’ Recording at Former GOP House Speaker Larry Householder’s Trial
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 12/13/2022

A federal judge handed an early win to prosecutors by ruling in their favor on a handful of motions over what evidence could be presented in the looming criminal trial of former Ohio House Speaker Larry Householder. U.S. District Court Judge Timothy Black granted several requests from prosecutors. He also denied others from Householder, who is accused of operating a “pay-to-play” scheme. The charge centers on FirstEnergy and its $60 million in payments to a nonprofit allegedly controlled by Householder, and legislation creating a $1.3 billion subsidy for nuclear plants owned at the time by the company’s subsidiary.

Ohio – Lawmakers Send Elections Bill with Tougher Photo ID Requirement to Gov. Mike DeWine’s Desk
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 12/15/2022

The Ohio General Assembly approved a sweeping elections bill, sending it to Gov. Mike DeWine’s desk. House Bill 458 would require a voter to show a photo ID when voting in person, either early or on Election Day. The bill includes a slew of other measures, including largely ending special elections in August, specifying that county boards of election can offer only a single drop box for completed absentee ballots, and eliminating the day of early, in-person voting the day before Election Day.

Oregon – Oregon’s Top Election Official Seeks More Money to Combat Election Misinformation
Oregon Capital Chronicle – Julia Shumway | Published: 12/8/2022

Citing an increase in misinformation, complaints, and time-consuming public records requests from election deniers, Oregon Secretary of State Shemia Fagan is seeking roughly $2 million over the next two years to hire more staff dedicated to election security and oversight. Fagan is also seeking funds to begin replacing the state’s outdated campaign finance database, ORESTAR. The system has been in place for 20 years, runs slowly, and cannot be opened in more than one tab or window, among other frustrations for users.

Pennsylvania – Cost of Pennsylvania Governor’s Race Sets New Record Amid ‘Campaign Finance Arms Race’
Spotlight PA – Angela Couloumbis | Published: 12/10/2022

The total cost of the governor’s race in Pennsylvania topped $100 million in this last election cycle, a new spending record in the race to win the state’s highest office. The spending puts on display Pennsylvania’s distinction as having some of the most lax campaign finance laws in the country, ones that place no limits on how much money candidates can accept from donors. It also gives reform advocates pause because it has the potential to raise the bar for competing in future races, entrenching incumbents, and shutting out otherwise good candidates who lack a deep bench of donors.

Pennsylvania – With Majority at Stake, Pa. House Republicans Sue to Block Democratic-Scheduled Special Elections
Spotlght PA – Stephen Caruso | Published: 12/10/2022

Pennsylvania House Republicans filed a lawsuit to block three legislative special elections from taking place in February, potentially delaying a clear-cut majority for Democrats, and allowing the GOP to maintain some measure of power into spring. The suit argues House Democratic Leader Joanna McClinton did not have the authority to schedule the elections. Democrats must win all three seats to keep their majority.

Rhode Island – AG: McKee can keep political dossiers secret despite violation of public records law
MSN – Eli Sherman (WPRI) | Published: 12/14/2022

Gov. Dan McKee’s office violated public records law in its effort to withhold background reports on some of the state’s top politicians who were being considered for lieutenant governor, but still had the right to keep the information secret under a different rationale, the Rhode Island attorney general’s office ruled. McKee’s office initially denied a request for the dossiers, arguing because the information was a “political assessment of the candidates and thereby a private political document ….”

Rhode Island – Prov. Ethics Commission ‘Is Not Working,’ Chairman Says, as Complaints Get Dismissed
WPRI – Steph Machado | Published: 12/8/2022

The Providence Ethics Commission met recently for the first time in more than a year, voting to dismiss two complaints against high-profile city leaders which they had previously voted to investigate but then never actually considered. Commission Chairperson Andrew Kanter said the complaints were dismissed not because the panel determined they did not have merit, but because it has been unable to consider them or hold hearings on them. “It’s clear the commission is not working,” Kanter said.

Tennessee – Longtime Tennessee Domestic Violence Leader Is Out Following Critical Federal Investigation
Tennessee Lookout – Anita Wadhwani and Natasha Senjanovic | Published: 12/14/2022

Kathy Walsh, the longtime leader of the Tennessee Coalition to End Domestic and Sexual Violence, has left the organization. The change comes less than a week after the media reported on findings of whistleblower retaliation at the nonprofit. Walsh helped build its reputation as the leading voice for domestic and sexual violence victims in the state. As a registered lobbyist, she also helped shape many pieces of legislation. But a federal probe found Walsh was involved in forcing out an employee who blew the whistle on the potential misuse of federal grant funds.

Virginia – Investigation Clears Va. Agency for Contract with Youngkin’s Ad-Maker
MSN – Laura Vozzella (Washington Post) | Published: 12/10/2022

The Virginia inspector general found state officials committed no wrongdoing by awarding a $268,000 contract to Gov. Glenn Youngkin’s political ad-maker in what was initially a no-bid deal. Democrats questioned how the firm, Poolhouse, won the chance to make a state tourism video and whether the Virginia Tourism Corp., a taxpayer-funded public authority, had paid too much for the 60-second spot featuring Youngkin. Poolhouse made $1.5 million in campaign ads for Youngkin during last year’ss gubernatorial race and has continued working with the governor as he explores a 2024 presidential bid.

Washington DC – D.C. Elections Board: Silverman’s poll did not break campaign finance law
MSN – Michael Brice-Saddler (Washington Post) | Published: 12/12/2022

The District of Columbia Board of Elections sided with Councilperson Elissa Silverman in her appeal of a decision from the Office of Campaign Finance (OCF), ruling she did not misuse campaign funds while polling for the Democratic primary election. She sought to clear her name over a complaint brought by fellow at-large candidate Karim Marshall, who asked the OCF to determine whether Silverman violated rules or improperly coordinated with other candidates while polling for the Ward 3 contest. The OCF had ordered Silverman to reimburse the city $6,277.52 for the polling expenditures.

Elections

Georgia: “Georgia Secretary of State Calls for End to Runoff Elections” by Matthew Brown (Washington Post) for MSN

Ethics

National: “Trump Told Crowd to ‘Fight Like Hell’ Before Riot. Can He Be Sued?” by Rachel Weiner (Washington Post) for MSN

National: “Ex-Venezuelan Treasurer, Husband Convicted of Corruption in First Trial of Its Kind in Florida” by Jay Weaver and Antonio Maria Delgado (Miami Herald) for MSN

Mississippi: “Ethics Commission’s Final Order: Law does not require Legislature to meet in public” by Bobby Harrison for Mississippi Today

New Jersey: “N.J. Politicians Could Soon Have Their Home Addresses Blocked Out on Public Records” by Brent Johnson (Newark Star Ledger) for MSN

Tennessee: “Longtime Tennessee Domestic Violence Leader Is Out Following Critical Federal Investigation” by Anita Wadhwani and Natasha Senjanovic for Tennessee Lookout

Lobbying

Florida: “Sunset Lounge Dispute with City of West Palm Beach Headed to Trial in May” by Terri Parker (WBPF) for MSN

Michigan: “Gov. Gretchen Whitmer Says Michigan Needs Ethics Reforms Amid Chatfied Probe” by Craig Mauger for Detroit News

Gov. Glenn Youngkin announced a special election to replace the late Democratic U.S. Rep. Donald McEachin will take place February 21, 2023.

Rep. McEachin died after he won his bid for reelection.

McEachin represented Virginia’s 4^th Congressional District, which includes the state capital of Richmond.