Cookies make the world a better place.

Elizabeth Bartz has once again supported the Girl Scouts in an extraordinary way. This year, she bought 1077 boxes of cookies from girl scouts in six states, helping 86 scouts in the process! “I love helping the Girl Scouts and I didn’t eat a single cookie!” said Bartz.

The giving didn’t stop there. On Saturday, May 7, 741 boxes of cookies were donated to Annunciation Greek Orthodox Church’s Good Samaritans, a group that provides a monthly food distribution to families in need. Another 200 boxes were given to the Philoptochos Backpacks program serving the students at Robinson Elementary School in Akron. One hundred boxes went to Annunciation’s coffee hour after church, and 36 boxes to the staff of Greenfield Estates memory facility.

We are calling this the Cookiepalooza 2022!

Campaign Finance

National: “The Little Red Boxes Making a Mockery of Campaign Finance Laws” by Shane Goldmacher (New York Times) for Yahoo News

National: “U.S. Supreme Court Backs Ted Cruz, Dumps Campaign Finance Restriction” by Lawrence Hurley (Reuters) for MSN

New York: “Corporate Campaign Donors Identify Themselves Thanks to New York Focus Nudge” by Sam Mellins for New York Focus

Elections

Georgia: “Georgia County Under Scrutiny After Claim of Post-Election Breach” by Emma Brown and Amy Gardner (Washington Post) for MSN

Ethics

National: “A Fringe Conspiracy Theory, Fostered Online, Is Refashioned by the GOP” by Nicholas Confessore and Karen Yourish (New York Times) for Hartford Courant

Michigan: “Feds Charge Ex-Romulus Mayor with Wire Fraud in Corruption Crackdown” by Robert Snell for Detroit News

Ohio: “Cincinnati Launches New Office of Ethics and Good Government to Rebuild ‘Public Trust’” by Casey Weldon for Spectrum News

Lobbying

West Virginia: “‘Everyone Was Shocked’: How WV’s ethics laws allowed someone barred from lobbying to try to influence legislators anyway” by Ian Karbal for Mountain State Spotlight

On May 16, the U.S. Supreme Court struck down a part of federal campaign finance law regulating the repayment of loans from candidates to their own campaigns.

Generally, Section 304 of the Bipartisan Campaign Reform Act of 2002 barred campaigns from using more than $250,000 of political contributions raised after the election day to repay a candidate’s personal loans to their campaign committee.

In striking down the law, the majority opinion, written by Chief Justice Roberts and joined by five other Justices, concludes the law “increases the risk that candidate loans over $250,000 will not be repaid in full, inhibiting candidates from making such loans in the first place.”

The majority in FEC v. Ted Cruz for Senate, et al. concluded the law burdens core political speech without proper justification. The majority found the Federal Election Commission failed to demonstrate that the loan-repayment limit serves an interest in preventing quid pro quo corruption.

The dissenting opinion, written by Justice Kagan and joined by Justice Breyer and Justice Sotomayor, argued the burden of the law is minimal and the reasoning behind the enactment of the law remains valid: money given after an election to a candidate’s campaign committee, which will go directly to the candidate as repayment for their loan to the campaign committee, creates a heightened risk of corruption.

Senator Ted Cruz, the plaintiff in the case, loaned his campaign committee $260,000 one day before he was reelected. While the amount was $10,000 over the limit, the campaign committee had a 20-day grace period in which Cruz could have been fully repaid. It has been reported Cruz allowed the repayment to lapse beyond that date in order to establish a legal basis for bringing a challenge to the law.

QUESTION:  Are there any rules that pertain to making contributions in the weeks leading up to an election?

ANSWER:  With this being an election year, it is wise to know what the rules are when making contributions in the days and weeks leading up to an election.  Usually, there is a monetary threshold that must be exceeded and typically there is a short turnaround time to disclose the contribution, usually within 24 hours.  In some instances, there is an outright ban on contributions.

In California, contributions of $1,000 or more per candidate made by a major donor during the 90-day period before an election must be disclosed within 24 hours of making the contribution.  Contributions to ballot measure committees and political party committees are also included within this reporting requirement.  The candidate and the ballot measure committee must be on the ballot at the election for which the 90-day period applies.  California’s 90-day pre-election period is the longest in the country.  If numerous special elections are being held, the 90-day periods may overlap.

In Washington, a contribution of $1,000 or more per candidate made by a registered lobbyist during the seven days before a primary election and 21 days before the general election must be disclosed within 24 hours of making the contribution.  This includes contributions to candidates and ballot measures appearing on the ballot at the election for which the seven day and 21-day period applies, as well as contributions to political party committees and PACs.  The Washington Public Disclosure Commission has a link on its home page that allows for the electronic filing of this report.

In Florida, opposed candidates must return contributions received less than five days prior to an election.

In Tennessee, a PAC is prohibited from making a contribution to a candidate for office after the 10th day before an election until the day of the election.  This prohibition only applies if the contribution is going to a candidate who is running in that election.

These are just a few examples.  As we always advise, verify the rules in your state before making political contributions.

For more information, be sure to check out the “Registration and Reports Required” section of the U.S. Political Contributions Compliance Laws online publication on our website.   Please feel free to contact us if you have any questions.

Campaign Finance

Georgia: “Georgia’s Oxendine to Hand Over $128,000 to End Ethics Saga” by Associated Press for WABE

Maryland: “Baltimore Council President Nick Mosby Violated Ethics Law by Accepting Money from City Contractors Via Legal Defense Fund, Board Rules” by Emily Opilo (Baltimore Sun) for MSN

Ohio: “Lawmaker Proposed $300M Handout to Nursing Homes; Then Raised $52,000 from their Liaisons” by Jake Zuckerman (Ohio Capital Journal) for Yahoo News

Oregon: “Rich Donors Take Major Advantage of a Loophole in Portland’s Public Campaign Financing System” by Rebecca Ellis for OPB

Ethics

National: “Jan. 6 Panel Subpoenas 5 House Republicans, Including Minority Leader” by Felicia Sonmez, Jacqueline Alemany, Leigh Ann Caldwell, and Mariana Sotomayor (Washington Post) for MSN

Illinois: “Three-Peat: Chicago ranks no. 1 in Corruption, report finds” by Heather Cherone for WTTW

Washington DC: “Trump Sells D.C. Hotel Lease to Miami Investment Group” by Jonathan O’Connell (Washington Post) for MSN

Redistricting

Florida: “Florida Judge Blocks DeSantis’ Congressional Redistricting Effort” by Gary Fineout (Politico) for MSN

The Vermont General Assembly adjourned sine die on Thursday, May 12.

Lawmakers passed Vermont’s first statewide ethics code with new gift limits and a revolving door provision applicable to legislative employees.

Bills related to campaign finance were introduced, but not passed.

This does not affect lobbyist reporting.

The South Carolina Legislature adjourned on Thursday, May 12.

Passed bills included early voting procedures and expanded access to birth control.

The Legislature will meet again in a special session scheduled to be held June 15 focusing on the state budget and any bills vetoed by the governor.

National/Federal

A 49-Year Crusade: Inside the movement to overturn Roe v. Wade
MSN – Michael Scherer, Josh Dawsey, Caroline Kitchener, and Rachel Roubein (Washington Post) | Published: 5/7/2022

Soon after Donald Trump won the 2016 election, Leonard Leo, the head of the conservative Federalist Society, met with the president-elect and his advisers with a list of six potential conservative nominees to the U.S. Supreme Court. Leo laid out a road map for Trump on the federal court system, potentially transforming the foundational understanding of rights in America. It was a moment that antiabortion activists had been working toward for decades: The highest reaches of Republican power finally focused, in unison, on achieving the once implausible goal of revisiting the jurisprudence of the 1960s and 1970s, including Roe v. Wade.

Congressman Probing Commanders Cancels Fundraiser Over Ethics Question
MSN – Daniel Lippman (Politico) | Published: 5/10/2022

U.S. Rep. Raja Krishnamoorthi has been investigating the Washington Commanders as chairperson of a House oversight subcommittee. He is also raising money for his reelection. Those two facts collided when Krishnamoorthi canceled a fundraiser after a reporter questioned the event. The issue was whether it was inappropriate for a pair of lobbyists, Mike Manatos and Tom Manatos, to explicitly invite donors to the event to discuss with Krishnamoorthi the probe of the football team and its owner, Dan Snyder. Linking pleas for campaign money to specific legislative actions is not allowed.

Dem AGs Pledge to Hold the Line If Roe Falls
Politico – Alice Miranda Ollstein | Published: 5/9/2022

While attorney general races tend to have lower turnout and spending than gubernatorial contests, the state’s chief law enforcement office has long been a springboard for politicians. In this year’s races, the possible overturning of Roe v, Wade has become a central issue. Those running in red and purple states have pledged not to prosecute people under whatever abortion bans their legislators or governors impose, while those in blue states are vowing to keep local prosecutors at bay and preserve access to the procedure.

Elon Musk Says He Would Reverse Twitter Ban on Donald Trump
MSN – Faiz Siddiqui, Drew Harwell, and Josh Dawsey (Washington Post) | Published: 5/10/2022

Elon Musk said he will reverse Twitter’s permanent ban of former President Trump if the Tesla chief executive follows through with his plan to buy the social media company. Twitter banned Trump in the wake of the January 6 riots, citing the risk of further violence. Musk said the decision to ban Trump from the platform was a mistake. The decision to do so alienated much of the country, and Trump still has a voice, Musk said. Twitter has said its efforts have been aimed at minimizing harm and improving the user experience by limiting exposure to hate speech and harassment.

GOP State Legislators Move to Police Social Media
Yahoo News – Reid Wilson (The Hill) | Published: 5/11/2022

Republican lawmakers in at least 18 states have considered bills that would impose penalties on social media companies for censorship or content limits based on ideological viewpoints. The specifics vary, but many of the proposals would allow users who believe their views have been censored or silenced to bring lawsuits in state courts. One industry insider said forcing social media outlets to justify their decisions to moderate specific instances of content, the bulk of which are made by computer algorithms, would open those companies to legal harassment.

Inside Mark Meadows’s Final Push to Keep Trump in Power
MSN – Michael Kranish (Washington Post) | Published: 5/9/2022

A review of Mark Meadows’ actions in a crucial three-week period culminating in the violent insurrection on January 6, 2021 – based on interviews, depositions, text messages, emails, congressional documents, recently published memoirs by key players and other material – shows how Meadows played a pivotal role in advancing Donald Trump’s efforts to overturn the 2020 election. Meadows’ moves are at the center of probes by both the House committee investigating the attack and the Justice Department, which is examining whether to press contempt-of-Congress charges against him and is conducting its own inquiry.

Judge Dismisses Trump’s Lawsuit Against Twitter
MSN – Cat Zakrzewski (Washington Post) | Published: 5/6/2022

A California judge dismissed a lawsuit that Donald Trump filed against Twitter, the latest blow to the former president’s battles with major tech companies over their decisions to suspend his accounts in the fallout of the attack on the U.S. Capitol. The lawsuit, which Trump initially filed last year along with suits targeting Google and Facebook, was viewed as part of a broader strategy to appeal to conservatives who have long argued social media companies unfairly censor their viewpoints.

Pelosi Sets $45,000 Minimum Yearly Salary for House Staff
MSN – Associated Press | Published: 5/6/2022

Addressing concerns about the working conditions for some Capitol Hill aides, Speaker Nancy Pelosi announced a $45,000 minimum annual salary for House staff and teed up for a vote a resolution that would pave the way for aides to join a union. While jobs on Capitol Hill are highly coveted and can lead to big salaries down the road, the work often involves grueling hours and low pay in a region where steep housing costs can leave little money for other necessities.

Supreme Court Leak Inquiry Exposes Gray Area of Press Protections
MSN – Jeremy Peters (New York Times) | Published: 5/7/2022

The U.S. Supreme Court in 1971 ruled the government could not prevent The New York Times from publishing the Pentagon Papers while the source of that leak, Daniel Ellsberg, was indicted by a federal grand jury for theft. The court is now grappling with the release of a draft opinion that sets the framework for overturning Roe v. Wade. Only this time the leak came from inside the building, and there is no law or code of conduct that suggests how an investigation into such a breach should proceed, or whether the journalists who brought the draft to light will be swept up in the kind of criminal investigation that top Republican lawmakers have demanded.

With High Court in Spotlight, Democrats Push Judicial Ethics Overhaul
MSN – Jacqueline Alemany (Washington Post) | Published: 5/10/2022

In the wake of revelations related to the U.S. Supreme Court, a group of liberal House and Senate Democrats is introducing new legislation to tighten judicial ethics laws, reflecting the rising anger on the left over the recent conduct of the high court’s conservative majority. A draft proposal calls for more disclosure, a binding code of conduct for the Supreme Court, and a new judicial recusal process. The Supreme Court is the only court in the country that is not required to abide by a judicial code of ethics.

Canada

Canada – MLA’s Motions to Improve Alberta Lobbyist Act Rejected by Committee
MSN – Michelle Bellefontaine (CBC) | Published: 5/8/2022

A committee of lawmakers reviewing Alberta’s Lobbyist Act voted against changes proposed by the province’s ethics commissioner, including the establishment of a registry to track meetings between lobbyists and public officeholders. The only motion accepted by the committee was a recommendation that government “take into account the importance of public transparency” when changing the act, which must be reviewed every five years. The provincial government will ultimately decide what it will accept when moving forward with changes to the law.

From the States and Municipalities

California – CalPERS Board Violated Open Meetings Law, Judge Rules. Ex-Board Member Wants More Information
Sacramento Bee – Wes Venteicher | Published: 5/9/2022

A judge ruled California Public Employees Retirement System’s Board of Administration violated open meetings law when it excluded the public from a discussion two years ago related to the exit of Ben Ming, its former investment chief. Meng quit after a conflict-of-interest complaint was filed over his personal investments in Blackstone, a private equity firm in which the pension fund also was invested. A notice published by the board said the meeting, held 12 days after Meng’s resignation, was closed so board members could discuss a “chief executive officer’s briefing on performance, employment, and personnel items.”

Colorado – Election-Denying Clerk Tina Peters, Deputy Belinda Knisley Barred from Overseeing 2022 Elections in Mesa County
MSN – Saja Hindi (Denver Post) | Published: 5/10/2022

For the second year in a row, a judge has ruled Mesa County Clerk and Recorder Tina Peters and Deputy Clerk Belinda Knisley are barred from overseeing an election – this time, the June primaries and November general election. Peters, who disputes the 2020 presidential election result and is seeking the Republican nomination for secretary of state, is also facing multiple investigations surrounding allegations of an election equipment security breach and campaign finance violations, including 10 criminal counts. Knisley was also indicted by the grand jury and was suspended from her role at the county for a workplace investigation.

Florida – Appeals Court Reinstates Florida’s 2021 Election Law Provisions Struck Gown by Judge
MSN – Steven Lemongello (Orlando Sentinel) | Published: 5/6/2022

A federal appeals court overruled a judge who struck down much of Florida’s controversial 2021 election law, allowing the provisions to go into effect while a lawsuit makes its way through the courts. Judge Mark Walker ruled in March the Legislature intentionally discriminated against Black voters in drafting the law and ordered the state not to make any future changes to those provisions without his court’s approval. But three judges on the Eleventh Circuit Court of Appeals granted the state’s request to appeal and overturn Walker’s ruling. The judges wrote the upcoming primary elections were too imminent for Walker to make such changes to the law.

Georgia – Challenge Over Marjorie Taylor Greene’s Eligibility Fails
Yahoo News – Kate Brumback (Associated Press) | Published: 5/6/2022

Georgia Secretary of State Brad Raffensperger accepted a judge’s findings and said U.S. Rep. Marjorie Taylor Greene is qualified to run for reelection despite claims by a group of voters that she had engaged in insurrection. Administrative Law Judge Charles Beaudrot said Greene was eligible to run, finding the voters had not produced sufficient evidence to back their claims. After Raffensperger adopted the judge’s decision, the group that filed the complaint on behalf of the voters vowed to appeal.

Hawaii – Will Former Lawmakers’ Bribery Charges Lead to Broader Government Reform?
Honolulu Civil Beat – Blaze Lovell | Published: 5/9/2022

There has been a renewed focus this year in Hawaii on government ethics and corruption in the wake of criminal charges involving two former lawmakers. J. Kalani English and Ty Cullen both pleaded guilty accepting bribes as part of a scheme to influence legislation. The charges also led to the creation of a group to address government conduct. Now, lawmakers and many in the public will be looking to the Commission to Improve Standards of Conduct for proposals on how to tighten up ethics laws and increase government transparency ahead of the 2023 legislative session, which opens in January.

Kentucky – Andy Beshear Sues Over GOP Plan to Reduce His Power Over Ethics Commission Appointments
Yahoo News – Morgan Watkins (Louisville Courier-Journal) | Published: 5/6/2022

Kentucky Gov. Andy Beshear sued over legislation the Republican-run General Assembly passed that reduces his authority to appoint members to the Executive Branch Ethics Commission. The bill shifts Beshear’s power to the state’s constitutional officers, who are all Republicans. Beshear wants a judge to nix House Bill 334, which expands the ethics commission from five members to seven and gives the governor two appointments to the board while granting five other state officeholders one appointment each.

Maryland – Exclusive: U.S. congressman’s campaign may violate state election law
Yahoo News – Eric Cortellessa (Time) | Published: 5/8/2022

U.S. Rep. Anthony Brown wants to be Maryland’s top law enforcement officer, but his own campaign’s spending may violate state election law, according to campaign finance experts. Brown announced on October 25 that he would retire from Congress and run for state attorney general. Since then, he has used funds from his congressional campaign account to bankroll his bid for statewide office, a review of his financial disclosures shows. Meanwhile, Brown spent nothing from his state account to compensate the campaign’s staff in its first months of operation, the review found.

Michigan – ‘Massive Forgery Scheme’ Claims Rock Michigan Elections, Governor’s Race
Bridge Michigan – Jonathan Oosting | Published: 5/5/2022

A petition fraud scandal threatening the candidacy of Republican gubernatorial front-runner James Craig has spread to at least three other Michigan candidates accused of submitting forged signatures from the same circulators in their quest to make the primary ballot. Gubernatorial, congressional, and judicial candidates are required to submit voter signatures to qualify for the ballot, but experts say unusually high demand for paid circulators this spring led to a price spike that may have incentivized cheating or sloppy collections. State canvassers will soon decide who makes the ballot.

Michigan – Michigan Legislature Puts Term Limits Proposal on Ballot
MSN – David Eggert (Associated Press) | Published: 5/10/2022

The Michigan Legislature voted to put before voters a constitutional amendment to revise the state’s legislative term limits law and require state elected officials to disclose their personal financial information. Supporters of amending term limits say it would enable new lawmakers to focus on their job instead of immediately looking to run for higher office or find work outside the Legislature. Opponents say it is being mischaracterized as a proposal to improve term limits when it would double how many terms a House member could serve.

Mississippi – No More Anonymity, No Complaints During Election Season: Changes to city ethics complaints process coming
Yahoo News – Angele Latham (Jackson Sun) | Published: 5/5/2022

Changes may soon be coming to the way ethics complaints are handled against elected city officials in Jackson after council members voted on first reading to amend portions of the code of ethics to allow for the creation of an ethics board. Most notably, constituents may soon be unable to file complaints anonymously, and may only be able to file them outside of election season. The changes will become official if it is passed on second reading at the June city council meeting.

Nebraska – Pillen Beats Trump’s Candidate in Nebraska Governor Primary
ABC News – Grant Schulte (Associated Press) | Published: 5/11/2022

Republican voters in Nebraska picked Jim Pillen as their nominee for governor, siding with the University of Nebraska regent backed by the state’s outgoing governor over a rival supported by former President Trump and accused of groping multiple women. While Trump-endorsed candidates won primary races in West Virginia for the U.S. House, the statewide loss in Nebraska was a setback for the former president. Charles Herbster’s loss raises the stakes on other high-profile races in Pennsylvania and Georgia, where Trump has also intervened in campaigns.

New Jersey – Murphy Vetoes Bill Closing Bribery ‘Loopholes,’ Wants to Make the Law Tougher
MSN – Ted Sherman (NJ Advance Media) | Published: 5/10/2022

Gov. Phil Murphy conditionally vetoed a bill intended to close what its sponsors called a “loophole” in New Jersey’s corruption laws, which would make it clear it is illegal even for candidates to accept a bribe in the state. Murphy called for amendments that would make the bill even tougher. Those amendments would include charging anyone who facilitated or served as a go-between in setting up a bribe or payoff. The state Legislature voted unanimously to change the law to unequivocally state that bribery laws apply not only to public officials, but to candidates for public office as well.

New York – Ethics Commission Hits Back at Cuomo, Seeking $5M Book Repayment
Albany Times Union – Chris Bragg | Published: 5/9/2022

The Joint Commission on Public Ethics (JCOPE) countersued ex-New York Gov. Andrew Cuomo, filing a court action seeking to force the repayment of $5.1 million in book proceeds paid to the former governor. In March, JCOPE ordered Cuomo to repay the money, but he has taken no steps to repay the book’s publisher. In the counterclaim, attorneys representing the commission asked that Cuomo be forced to repay the funds, and for an injunction barring Cuomo from disbursing the money in the meantime.

New York – For Nonprofits, a Voice in Lobbying Is Often Out of Reach Due to Rules
Albany Times Union – Brendan Lyons | Published: 5/9/2022

Small nonprofit and other grassroots organizations are pushing for a $10,000 registration threshold in New York for lobbying-related spending. Doubling the current limit would enable many of those organizations and individuals to engage in trying to influence public policy without the need to expend resources or money to comply with the state’s reporting requirements. Nonprofit New York compiled a policy brief that found only three percent of nonprofit groups engage in lobbying with many dissuaded to participate because they are not equipped to handle the complex lobbying reporting requirements and fear the penalties that result from missteps.

New York – Judge Lifts Contempt Ruling Against Trump, with Conditions
Yahoo News – Graham Kates (CBS News) | Published: 5/11/2022

A New York State judge lifted a civil contempt ruling levied against Donald Trump, but said the former president still needs to pay $110,000 in fines accrued and satisfy other conditions. Trump was held in contempt on April 25 after failing to comply with a subpoena requiring that he turn over documents to investigators conducting a financial fraud probe for New York Attorney General Letitia James. Trump was fined $10,000 per day through May 6, the date of his most recent filing in the case.

Ohio – City Worker Who Helped Convicted Cleveland Councilman Ken Johnson in Corruption Scheme Spared Prison Time
MSN – Corey Shaffer (Cleveland Plain Dealer) | Published: 5/10/2022

A federal judge spared a former city of Cleveland employee from prison for his role in helping then-council member Kenneth Johnson carry out a long-running corruption scheme. U.S. District Court Judge John Adams sentenced Robert Fitzpatrick to three years of probation. Fitzpatrick cooperated with the FBI investigation into Johnson, who took Fitzpatrick in to live with him as a teenager and then manipulated him to fall in line with the corruption scheme.

Oregon – Candidates, Others Have to Reset Passwords to Oregon Campaign Finance System After Hack
Oregon Capital Journal – Lynne Terry | Published: 5/10/2022

About 1,100 people who use the Oregon secretary of state’s online campaign finance tracking system must reset their passwords following a ransomware attack against a web provider. The office said the hack did not affect state election data. Those affected account for roughly 6% of the database users, the office said. The office is notifying those affected they have to create new passwords. The ORESTAR system is separate from other electoral databases.

Oregon – Prison Club for Oregon’s Convicted Killers Investigated for Financial ‘Discrepancies’
MSN – Noelle Crombie (Portland Oregonian) | Published: 5/8/2022

The newsletters provide updates on the wholesome pursuits of a civic-minded club: barbecues, toy drives, and backpacks filled with school supplies for children in need. The group spearheads an annual holiday gift giveaway, ensuring those without families of their own do not feel left out. Its members oversee a six-figure fundraising juggernaut. But this is no Rotary Club. It is the Lifers’ Unlimited Club at the Oregon State Penitentiary where only convicted killers need apply, and now it is in trouble. State Department of Corrections officials confirmed they have halted club activities while they investigate “discrepancies” in its finances.

South Carolina – SC GOP Lawmaker Settles 133 Alleged Campaign Finance Violations for Fine, Public Reprimand
MSN – Zak Koeske (The State) | Published: 5/5/2022

A state lawmaker who faced more than 100 ethics charges related to his use of campaign money settled the accusations with the South Carolina House Ethics Committee. Rep. Jonathon Hill, who is not seeking reelection, entered into a consent order with the committee. Under the terms of the settlement, Hill will be fined $12,000 and receive a public reprimand. He has not been criminally charged. An outside audit of Hill’s campaign disclosure reports over a three-year period turned up numerous alleged violations of South Carolina ethics code.

Tennessee – Titans Stadium Push Shows Family Connections on Tennessee’s Capitol Hill
WTVF – Phil Williams | Published: 5/9/2022

The Tennessee Titans wanted a new stadium – a domed facility that could cost more than $2 billion – to replace the aging structure that opened almost 23 years ago. It put together a team of 15 lobbyists, including the wife of the powerful chairperson of the Senate Finance Committee and the daughter of the state’s Commissioner of Tourist Development. The lobbying effort is the latest example that reveals how the lines between public interest and personal interest can get blurred at the Capitol.

Virginia – Battling Yard Signs on a Quiet Corner in Alexandria
MSN – Emily Davies (Washington Post) | Published: 5/7/2022

Old Town Alexandria has in many ways stayed above the cultural fray that has dominated other parts of Northern Virginia over the past few years – avoiding explosive rallies over critical race theory like in nearby Loudoun County, for example. But dueling yard signs that appeared recently have brought the debate to the neighborhood. Many neighbors said the signs made public a sort of tension that is rarely articulated in an area proud of its understated brand of liberalism.

Virginia – State Supreme Court Vacancies Remain Unfilled During Political Standoff
Virginia Mercury – Allison Winter | Published: 5/9/2022

Two vacant seats in the Virginia Supreme Court that opened in the past year hang in the balance in the political standoff in the Legislature. State lawmakers said their negotiations continue but indicated they are no closer to resolution. Selecting justices is a constitutional duty of the General Assembly, which elects the justices by a majority vote. Once elected, a justice can serve for a 12-year term. In recent history Republican Legislatures have elected justices as a matter of course. But this year, the appointments are one of many political deadlocks in the current divided Legislature.

Virginia – Youngkin Retracts Job Offer to Indiana Official to Run Virginia DMV
MSN – Gregory Schneider and Laura Vozzella (Washington Post) | Published: 5/10/2022

Gov. Glenn Youngkin’s administration retracted a job offer to a former Indiana state official to run the Virginia Department of Motor Vehicles after the chosen candidate was the subject of an exposé in The Indianapolis Star about allegations of drinking on the job and making inappropriate comments. The Star reported Peter Lacy “abruptly” resigned in April from his job as head of Indiana’s Bureau of Motor Vehicles a day after he allegedly appeared intoxicated at a departmental meeting.

The 73^rd Colorado General Assembly adjourned sine die May 11.

During the session, legislation related to campaign finance was introduced. House Bill 1060 was passed, creating aggregate limits on candidates for school district director from persons other than small donor committees for any regular biennial or special school election of $2,500. Further, a $25,000 limit was established for contributions to candidates for school district director from small donor committees for any regular biennial or special school election. The bill takes effect July 1.

Additionally, Senate Bill 237 relating to ballot measure expenditures was introduced and passed through both chambers as of May 10. The bill would expand the definition of earmark for purposes of the Fair Campaign Practices Act to include contributions or expenditures greater than $1,000 to support or oppose a specified ballot issue or ballot question. Further, the bill would modify the process to determine whether an organization is an issue committee to include an examination of the organization’s pattern of conduct. Additionally, any person who makes a expends $5,000 in aggregate in a calendar year on direct ballot issue or ballot question expenditure expenditures must report to the secretary of state, and any person who makes a direct ballot issue or ballot question expenditure must disclose their name in certain communications about a ballot issue or ballot question. If passed, portions of the bill would become effective immediately and the section providing for disclosure to the secretary of state of $5,000 spent by an individual in a calendar year would become effective September 1.

This does not affect lobbyist reporting.

Campaign Finance

Oregon: “Candidates, Others Have to Reset Passwords to Oregon Campaign Finance System After Hack” by Lynne Terry for Oregon Capital Journal

Elections

Colorado: “Election-Denying Clerk Tina Peters, Deputy Belinda Knisley Barred from Overseeing 2022 Elections in Mesa County” by Saja Hindi (Denver Post) for MSN

Michigan: “‘Massive Forgery Scheme’ Claims Rock Michigan Elections, Governor’s Race” by Jonathan Oosting for Bridge Michigan

Nebraska: “Pillen Beats Trump’s Candidate in Nebraska Governor Primary” by Grant Schulte (Associated Press) for ABC News

Ethics

National: “GOP State Legislators Move to Police Social Media” by Reid Wilson (The Hill) for Yahoo News

National: “With High Court in Spotlight, Democrats Push Judicial Ethics Overhaul” by Jacqueline Alemany (Washington Post) for MSN

New York: “Judge Lifts Contempt Ruling Against Trump, with Conditions” by Graham Kates (CBS News) for Yahoo News

Ohio: “City Worker Who Helped Convicted Cleveland Councilman Ken Johnson in Corruption Scheme Spared Prison Time” by Corey Shaffer (Cleveland Plain Dealer) for MSN

Virginia: “Youngkin Retracts Job Offer to Indiana Official to Run Virginia DMV” by Gregory Schneider and Laura Vozzella (Washington Post) for MSN

Oregon’s campaign finance system web provider, Opus Interactive, is asking all users to change passwords following a ransomware attack Sunday night.

Hackers infiltrated Opus Interactive, granting them access to a C&E Systems database.

C&E Systems handles campaign finance compliance and is used by Oregon candidates, treasurers, political parties, and committees.

The attackers encrypted the database, which included login credentials to ORESTAR.

Only about 6% of C&E Systems users were affected by the hack, but all users are recommended to change passwords.

No sensitive data was accessed, but data was blocked from being accessed by the Opus Interactive team.

Secretary of State Shemia Fagan is currently working with cyber security experts to remedy the situation.

Campaign Finance

National: “Congressman Probing Commanders Cancels Fundraiser Over Ethics Question” by Daniel Lippman (Politico) for MSN

Elections

National: “Dem AGs Pledge to Hold the Line If Roe Falls” by Alice Miranda Ollstein for Politico

Michigan: “Michigan Legislature Puts Term Limits Proposal on Ballot” by David Eggert (Associated Press) for MSN

Ethics

National: “Elon Musk Says He Would Reverse Twitter Ban on Donald Trump” by Faiz Siddiqui, Drew Harwell, and Josh Dawsey (Washington Post) for MSN

New Jersey: “Murphy Vetoes Bill Closing Bribery ‘Loopholes,’ Wants to Make the Law Tougher” by Ted Sherman (NJ Advance Media) for MSN

New York: “Ethics Commission Hits Back at Cuomo, Seeking $5M Book Repayment” by Chris Bragg for Albany Times Union

Legislative Issues

Virginia: “State Supreme Court Vacancies Remain Unfilled During Political Standoff” by Allison Winter for Virginia Mercury

Lobbying

Tennessee: “Titans Stadium Push Shows Family Connections on Tennessee’s Capitol Hill” by Phil Williams for WTVF

The impeachment trial of Gov. Ralph Torres of the Commonwealth of the Northern Mariana Islands begins on May 13.

The House voted in favor of six articles of impeachment in January, including two felony charges, two corruption charges, and two charges of neglect. Six of the nine senators will have to vote affirmatively to convict Torres and remove him from office.

Torres was also arraigned in superior court on criminal charges alleging 12 counts of misconduct in public office and one count of theft.

The court scheduled an evidentiary hearing for May 31.

The second regular session of the 130^th Maine Legislature adjourned sine die on May 9.

Two campaign finance bills were passed during the session and signed by the governor.

Legislative Document 1782, effective January 1, 2023, permits business entities to contribute the paid staff time of its employees to the entity’s separate segregated fund committee.

Legislative Document 1754 amends the state’s major contributor disclosure law and will take effect on August 8.

This does affect lobbyist reporting.

A registered lobbyist who anticipates no further lobbying for a client may file a request for a non-session waiver with their final monthly report for the session due June 15.