Question: Our company is in the process of hiring a former public official. Are there any issues we should be aware of during this process?

Answer: There are some jurisdictions with revolving door policies restricting what former officials or employees can do once they have entered the private sector. These restrictions are in place to avoid the appearance of impropriety.

Many states require a cooling-off period when officials leave office and transition to the private sector. In South Carolina, a former public official is prohibited, for one year after terminating public service or employment, from serving as a lobbyist or representing clients before the agency or department on which the individual formerly served in a matter the individual directly and substantially participated during public service or employment. The restriction also prohibits a former public official from accepting employment if the employment is from a person who is regulated by the agency or department on which the individual served or was employed and involves a matter in which the individual directly and substantially participated during public service or public employment. A public official who participates directly in procurement may not resign and accept employment with a person contracting with the governmental body if the contract falls or would fall under the individual’s official responsibility.

New York law includes a similar restriction but requires a two-year cooling-off period. A former state officer or employee is prohibited, within two years after termination of employment, from appearing or practicing before such state agency or receiving compensation for any services rendered by such former officer or employee on behalf of any person, firm, corporation, or association in relation to any case, proceeding, or application or other matter before such agency. In New York, a former state officer or employee is prohibited, after the termination of employment, from appearing, practicing, communicating, or otherwise rendering services before any state agency or receive compensation for any such services rendered by such former officer or employee on behalf of any person, firm, corporation, or other entity in relation to any case, proceeding, application, or transaction with respect to which such person was directly concerned and in which the individual personally participated during the period of service or employment or which was under the individual’s active consideration.

These are just a few examples of revolving door restrictions. We advise you follow best practices to verify the rules in your jurisdiction.

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Here is your chance to “Ask the Experts” at State and Federal Communications, Inc. Send your questions to experts@stateandfed.com. (Of course, we have always been available to answer from clients that are specific to your needs, and we encourage you to continue to call or email us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies are not legal advice, just our analysis of laws, rules, and regulations.

National/Federal

Big K Street Shops Will Close Offices in Russia
MSN – Kate Ackley (Roll Call) | Published: 3/9/2022

Some of K Street’s biggest firms said they were winding down, or at least reevaluating, operations in Russia in response to the invasion of Ukraine and sanctions that followed. Ceasing operations in Moscow are Akin Gump Strauss Hauer & Feld and Squire Patton Boggs, two of Washington’s long-standing lobbying and legal powerhouses. Greenberg Traurig, which has an office in Poland but not in Russia, said it planned to donate up to $2 million for relief efforts and offer pro bono legal services for Ukrainian refugees.

Inside the Jan. 6 Committee’s Effort to Trace Every Dollar Raised and Spent Based on Trump’s False Election Claims
MSN – Josh Dawsey, Jacqueline Alemany, and Tom Hamburger (Washington Post) | Published: 3/8/2022

The House select committee investigating the insurrection at the U.S. Capitol wants to know whether the Trump campaign, its affiliated super PACs, the Republican National Committee, and protest organizers knowingly used false claims the election was stolen to dupe donors and raise large sums of cash. The primary objective is to determine whether email solicitations spreading false claims of election fraud served as a source of misinformation, prompting the need to make proposals for strengthening campaign finance laws. The committee will also consider if any laws were broken and refer those to the Justice Department.

Judge Denies Fox News Motion to Dismiss Defamation Suit by Election-Tech Company Smartmatic
MSN – Jeremy Barr (Washington Post) | Published: 3/9/2022

A judge allowed an election technology company’s $2.7 billion defamation lawsuit against Fox News to proceed though he dismissed specific claims made against host Jeanine Pirro and two of the network’s guests. New York Supreme Court Judge David Cohen denied Fox’s motion to dismiss the lawsuit, in which the company, Smartmatic, alleged the network and several of its on-air personalities “decimated its future business prospects” by falsely accusing it of rigging the 2020 election against Donald Trump.

Lobbyists Urge Lawmakers to Let Them Roam the Capitol Again
MSN – Kate Ackley (Roll Call) | Published: 3/4/2022

After two years of pandemic- and insurrection-related security restrictions, some lobbyists are putting their advocacy skills toward an effort to reopen the legislative buildings on Capitol Hill widely to tour groups and lobbying coalitions. Currently, lobbyists may conduct in-person meetings on Capitol Hill, so long as a congressional aide signs them in and escorts them around the buildings. Not all lobbyists believe the Capitol is ready for an onslaught of visitors.

Republican Clash Shows the Enduring Appeal, and Dubious Benefit, of Campaign Platforms
MSN – Mike DeBonis and Marianna Sotomayor (Washington Post) | Published: 3/3/2022

Political manifestos like U.S. Sen. Rick Scott’s “Resuce America” plan have proliferated over the past three decades, becoming a staple of party messaging, an instrument of policy development and, in some cases, a vehicle for personal ambitions. But since 1994, when Republicans rode their “Contract With America” to their first House majority in 40 years, they have been increasingly ignored by voters, mocked by observers, and shown to be largely irrelevant to the task of actually winning elections. Yet party leaders keep sinking untold time and effort into agendas that have produced uneven dividends.

Russian-American Charged with Acting as Illegal Russian Agent in the US
CNN – Sonia Moghe | Published: 3/8/2022

A dual Russian-American citizen was charged with acting as a spy in the U.S., according to court filings  that say she ran organizations that “sought to spread Russian propaganda.” Elena Branson was charged with conspiring to act illegally as an agent of the Russian government, willfully failing to register under the Foreign Agents Registration Act, and other charges. Branson worked on behalf of the Russian government and officials to advance their interests in the U.S. Prosecutors allege she coordinated meetings for Russians to lobby American officials and businesspeople, and operated groups to publicly promote Russian government policies.

Supreme Court Denies GOP Requests to Block New Congressional Maps in N.C., Pa.
MSN – Robert Barnes (Washington Post) | Published: 3/7/2022

The U.S. Supreme Court refused requests from Republicans in North Carolina and Pennsylvania to block new congressional maps approved by courts in those states, meaning the fall elections will be held in districts more favorable to Democrats than the ones created by the GOP-led state Legislatures. Three of the court’s dissenting conservatives – Clarence Thomas, Samuel Alito, and Neil Gorsuch – said they would have intervened, and they thought the theory advanced by the challengers was probably correct and they are eager to consider such a challenge.

Texas Militia Member Convicted on All Charges in First Jan. 6 Trial
MSN – Kyle Cheney and Josh Gerstein (Politico) | Published: 3/8/2022

Guy Reffitt, a Texas militia member who was at the head of an early wave of rioters who stormed the Capitol on January 6, 2021, was found guilty of all five felony charges he faced related to the assault, including obstruction of an official proceeding, carrying a firearm during the attack, and threatening witnesses. The verdict is an important milestone for the Justice Department in the first jury trial since the attack that threatened the presidential transfer of power. The Reffitt trial is the first of potentially dozens stemming from the insurrection.

U.S. Judge Dismisses Most Serious Federal Charge Against Jan. 6 Capitol Riot Defendant
MSN – Spencer Hsu (Washington Post) | Published: 3/8/2022

A federal judge ruled the Justice Department cannot charge January 6 defendants with obstructing Congress’s certification of President Biden’s 2020 election victory unless they tampered with official documents or records in the attack on the U.S. Capitol. In striking down the lead charge brought in the government’s Capitol siege investigation, punishable by up to 20 years in prison, District Court Judge Carl Nichols broke with all other U.S. trial judges in Washington who have ruled on the question in Capitol riot cases to date. The decision tosses a wrench into the felony prosecutions of as many as 275 arrested individuals.

From the States and Municipalities

Alaska – Decision Lifts Certain Contribution Limits in Alaska
Associated Press News – Becky Rohrer | Published: 3/4/2022

Alaska will have unlimited campaign contributions in most instances after the Alaska Public Offices Commission (APOC) declined to impose new caps after old limits were struck down as unconstitutional. A draft opinion suggested the limits in place before those that were struck down “apply as adjusted for inflation,” which included proposed limits of $1,500 per calendar year for individuals to candidates. Campaigns were to adhere to the draft opinion until APOC weighed in. The commission also declined to index donation amounts for inflation. APOC said there were legal questions about whether it had the power to do those things.

Arizona – Arizona Lawmaker Speaks to White Nationalists, Calls for Violence – and Sets Fundraising Records
MSN – Beth Reinhard and Rosalind Helderman (Washington Post) | Published: 3/8/2022

State Sen. Wendy Rogers, a Republican lawmaker who represents tens of thousands of constituents, has found a rising national profile as a face of the radicalized wing of the Republican Party. After a year of fanning bogus allegations about election fraud and other false claims, she is the most successful fundraiser in the Arizona Legislature. While her support for former President Trump’s election falsehoods puts her in line with many Republicans, Rogers has moved farther to the edges of American politics: calling for jailing and executing her political opponents, identifying herself as a member of the Oath Keepers militia group, and attending a conference organized by a group linked to QAnon.

California – Candidate Alleges Sheriff Villanueva’s Radio Show Violates Election, Broadcasting Rules
MSN – Alene Tchekmedyian (Los Angeles Times) | Published: 3/8/2022

A candidate for Los Angeles County sheriff filed complaints with state and federal agencies alleging that Sheriff Alex Villanueva’s weekly radio show on violates election and broadcasting rules. County Sheriff’s Cmdr. Eli Vera’s complaint to the California Fair Political Practices Commission alleges the show amounted to an illegal campaign donation by KFI to Villanueva. Vera said KFI charges more than $1,000 for a 30-second radio ad, which he said would put Villanueva’s segments well above the $3,000 limit a person or entity can contribute to a candidate.

Colorado – Grand Jury Indicts Mesa County Clerk Tina Peters and Deputy Clerk in Election System Breach Investigation
Canon City Daily Camera – Saja Hindi (Denver Post) | Published: 3/9/2022

A grand jury returned 10 criminal counts against Mesa County Clerk and Recorder Tina Peters and six counts against Deputy Clerk Belinda Knisley in its investigation of potential election equipment security breach. The charges stem from local, state, and federal investigations launched into the potential breach after the Colorado secretary of state sued Peters, a 2020 election denier, and Knisley over allegedly allowing an unauthorized man access to make copies of voting equipment servers. Passwords from the equipment were later posted online by Ron Watkins, a leading figure in the QAnon conspiracy theory.

Florida – Federal Grand Jury Indicts Former JEA Executives on Conspiracy, Wire Fraud
Yahoo News – Nate Monroe and David Bauerlein (Florida Times-Union) | Published: 3/7/2022

A grand jury indictment charged former JEA Chief Executive Officer Aaron Zahn and finance chief Ryan Wannemacher with conspiracy and wire fraud, casting the two men as the architects of a brazen scheme to secretly extract tens of millions of dollars of personal profit out of the city-owned utility before selling it to a private operator. Prosecutors allege almost every aspect of the failed effort to privatize one of Jacksonville’s largest and most important public agencies was a fraud, echoing the past findings of auditors, outside attorneys, a city council investigation, and media reporting.

Florida – Florida Lawmakers Approve an Elections Police Force, the First of Its Kind in the U.S.
MSN – Lori Rozsa (Washington Post) | Published: 3/9/2022

Two months after Florida Gov. Ron DeSantis proposed a plan for a powerful elections police force that would answer to him, state lawmakers passed a watered-down version that barely resembles what the governor asked for, but still worries voting rights advocates. DeSantis had asked for nearly $6 million to hire 52 people, including sworn officers, to investigate alleged violations of elections laws. The Republican-led House and Senate instead gave him about $2.5 million for the new Office of Election Crimes and Security.

Florida – Senate Passes Citizen Initiative Limits on Out-of-State Influence, Awaits House Answer
Florida Politics – Renzo Downey | Published: 3/7/2022

A bill to curb out-of-state influence in the ballot initiative process was amended after it was struck down last year. Because senators approved changes they hoped would avoid a second injunction in the courts, the bill must next return to the House. The proposal would limit non-Floridians from donating more than $3,000, and out-of-state political committees from receiving donations worth more than $3,000, when it comes to ballot initiatives in the petition-gathering process.

Florida – Tallahassee Commissioners Move Some Ethics Changes, Shoot Down Lobbyist Logs
Florida Politics – Tristan Wood | Published: 3/9/2022

The Tallahassee City Commission moved forward with some ethics ordinance changes but decided against making major changes to lobbying rules. The commission voted to implement new language in the misuse of public position ordinance so that it no longer requires intent. Commissioners did ban city lobbyists from being paid contingency fees but voted down other changes, such as amending the city’s definition of lobbyist.

Florida – Tallahassee Officials’ Trip After FSU Stadium Vote Raises Questions
stuartabsolon.com – Jeff Burlew (Tallahassee Democrat) | Published: 3/8/2022

The morning after a contentious meeting to finalize funding for Doak Campbell Stadium, Tallahassee City Commissioner Jack Porter ended up on the same flight as a group of public officials, including Leon County Administrator Vince Long and City Manager Reese Goad, who collectively oversee Blueprint, an agency that implements infrastructure projects in the area. Also on the flight was State Attorney Jack Campbell and Ben Pingree, who directs the city and county department of planning, land management, and community enhancement. The trip on its face did not appear to run afoul of Florida’s Sunshine Law, said Barbara Petersen, executive director of the Florida Center for Government Accountability.

Georgia – First Trial in Atlanta Corruption Investigation Set to Start
Yahoo News – Kate Brumback (Associated Press) | Published: 3/8/2022

A political consultant who was a top aide to former Atlanta Mayor Kasim Reed is the first person set to go to trial in a long-running federal investigation into corruption at City Hall. Mitzi Bickers helped Reed win election in 2009 and worked as the city’s director of human services. She is accused, among other things, of taking bribes to use her influence to steer city work to two contractors. Others ensnared in the investigation have pleaded guilty and been sent to prison, but Bickers has maintained her innocence.

Georgia – Kemp Appeals Ruling on Leadership Committee Funds in Primary
Yahoo News – Kate Brumback (Associated Press) | Published: 3/9/2022

Georgia Gov. Brian Kemp is appealing a federal judge’s ruling that says a “leadership committee” the governor created under a new state law cannot spend money to get him reelected during the Republican primary. U.S. District Court Judge Mark Cohen’s ruling came in a lawsuit filed by former U.S. Sen. David Perdue, who is challenging the governor in the primary. Perdue and his campaign allege the law gives Kemp an unfair fundraising and spending advantage in the primary.

Illinois – Former Sen. Tom Cullerton Pleads Guilty to Embezzlement
Illinois Newsroom – Peter Hancock (Capital News Illinois) | Published: 3/8/2022

Former Illinois Sen. Tom Cullerton pleaded guilty to one count of embezzlement and could face more than a year in federal prison. Cullerton admitted he received pay and benefits from the Teamsters union during 2015 while doing little or no work. In addition to his salary, prosecutors alleged, Cullerton also received bonuses and health care benefits. Cullerton was indicted in 2019 on 40 counts of embezzlement, one for each biweekly paycheck he received from January 2015 through January 2016, a period of time when he also served in the state Senate.

Illinois – Former Veterans Affairs Chief Wrote Checks Totaling $50,000 to Her Mom from Her Political Fund
Better Government Association – Rachel Hinton | Published: 3/2/2022

The former head of the Illinois’ Veterans Affairs office used her campaign fund to write two checks totaling $50,000 to her mother, a move state elections officials say could be a violation of election laws. Linda Chapa LaVia said the checks, logged as January expenditures in her required campaign filings, were to repay a loan her mother made to help her start her political career about two decades ago. But records show her campaign made no disclosure of a loan to her committee, launched ahead of her successful campaign to become a state representative. It also does not show up in the original documents creating her fundraising committee.

Kansas – Lawmakers May Change How Kansas Supreme Court Justices Are Picked as Redistricting Case Looms
Yahoo News – Andrew Bahl (Topeka Capital-Journal) | Published: 3/7/2022

Lawmakers are considering changes to a six-decade-old system of selecting judges to the Kansas Supreme Court, at a time when the high court is on the cusp of hearing a landmark challenge to a set of GOP-authored congressional maps. Republican legislators insist the renewed push to end so-called merit selection of judges is unrelated to the redistricting lawsuits moving through the court system, which are all-but-certain to eventually arrive at the Supreme Court. They argue the move is needed to ensure Kansans have a voice in selecting jurists on the state’s highest court, either directly or via members of the Senate.

Kentucky – Metro Council Approves New Financial Disclosure Rules for Louisville Officials
WFPL – Roberto Roldan | Published: 3/4/2022

Elected officials in Louisville will now have to make yearly disclosures of their financial and business ties under new rules approved by Metro Council. The requirement will also apply to candidates for public office and city workers who can award contracts. City officials are already required to recuse themselves from making legal or contract decisions if they have a conflict-of-interest. But previously, there was no mandate for them to report much of their finances, making it hard to know when a conflict existed.

Massachusetts – State Senate Hires a Pay Consultant in Wake of Report That Says Staff Pay ‘Breaks with Best Practice’
MSN – Samantha Gross (Boston Globe) | Published: 3/3/2022

A salary study commissioned by the Massachusetts Senate but never publicly released found fault with the chamber’s hiring and pay practices for its staffers, concluding the approach “can be perceived as lacking fairness” and may lead to “problematic staff turnover.” Fourteen current and former legislative staff said the pay inequities are driving high turnover that hinders the Legislature’s ability to perform its basic functions, such as serving constituents and drafting legislation.

Michigan – Michigan Redistricting Panel Finished Maps Month Ago. Why Is It Still Meeting?
Bridge Michigan – Sergio Martínez-Beltrán | Published: 3/8/2022

Despite approving the new congressional and state legislative maps over two months ago, the Michigan redistricting commission continues to meet, and commissioners continue to get paid. That is partly because there is no clear expiration date for the group created in 2018 by a voter-approved constitutional amendment that some observers and experts now say was too vague.

Nevada – Judge Blocks GOP-Backed Redistricting Lawsuit for 2022 Election
Nevada Independent – Riley Snider | Published: 3/9/2022

Republican-backed efforts to challenge Nevada’s electoral maps in court on the heels of redistricting are likely on hold. A decision by Senior District Court Judge Robert Estes will have the likely effect of keeping the new legislative district maps, which largely favor Democrats, in place for the 2022 election. Estes said it would be “not fair” to interrupt the ongoing election process and two-week candidate filing period and the “election is going to proceed” under the boundary lines adopted after November’s special legislative session.

New York – Cuomo Doesn’t Say Whether He’s Running for Office. The Board of Elections Implies He Is.
Albany Times Union – Joshua Solomon | Published: 3/8/2022

Despite calls to investigate the use of campaign money for former Gov. Andrew Cuomo’s recent ads, the New York State Board of Elections will not be doing so. Cuomo has been mounting a public-relations campaign akin to a political one recently. He has run ads intended to repair his reputation after his resignation amid mounting scandals. The board’s chief enforcement counsel said the law “does not prohibit a former office holder, or anyone else from using campaign funds to test the waters for a future political candidacy.” Whether Cuomo is intending to seek public office or using the pretense of a run to use his $16.4 million campaign fund to help clear his name is a moot point to good government groups.

New York – How the Manhattan D.A.’s Investigation into Donald Trump Unraveled
MSN – Ben Protess, William Rashbaum, and Jonah Bromwich (New York Times) | Published: 3/5/2022

Two senior prosecutors stood before the new Manhattan district attorney, Alvin Bragg, detailing their strategy for proving Donald Trump knew his annual financial statements were works of fiction. They needed Bragg to decide whether to seek criminal charges, but Bragg and his senior aides had doubts. They hammered Mark Pomerantz and Carey Dunne about whether they could show Trump had intended to break the law by inflating the value of his assets in the statements, a necessary element to prove the case. The meeting started a series of events that brought the investigation of Trump to a sudden halt, prompted the two prosecutors to resign.

New York – Inspector General Investigates JCOPE ‘Hot Mic’ Episode
Albany Times Union – Chris Bragg | Published: 3/7/2022

The state inspector general’s office is investigating a breach of confidentiality at the Joint Commission on Public Ethics, spurred by a complaint filed by an attorney representing former New York Gov. Andrew Cuomo. At an August 26 meeting, JCOPE had ended its opening public portion and gone into what was supposed to be a closed executive session. But the live audio could still be heard for another 10 minutes, and the public was privy to discussion of a confidential investigation related to Cuomo.

North Carolina – In 2020, Meadows Registered to Vote at N.C. Mobile Home That He Reportedly Never Lived In
MSN – Marianna Alfaro (Washington Post) | Published: 3/7/2022

Former White House chief of staff Mark Meadows registered to vote in 2020 using the address of a North Carolina mobile home he has never lived in, a move scrutinized as potential voter fraud. According to the New Yorker, neither the home nor the address have belonged to him. It is illegal to provide false information on a voter registration, and while Americans can have multiple residences, they can only have one official domicile, which is tied to their voter registration. To register to vote in North Carolina, a citizen must have lived in the county where they are registering and have resided there for at least 30 days before the date of the election.

North Carolina – North Carolina Rep. Cawthorn’s Candidacy Challenge Blocked
MSN – Gary Robertson (Associated Press) | Published: 3/4/2022

A federal judge blocked an effort by North Carolina voters to disqualify U.S. Rep. Madison Cawthorn from seeking reelection this fall by alleging his involvement with the rally that preceded the U.S. Capitol riot in January 2021 made him ineligible. U.S. District Judge Richard Myers declared the state’s candidate challenge process did not apply to a portion of the 14th Amendment designed to prevent members of Congress who had fought on the Confederate side during the Civil War from returning to Congress.

Ohio – Gun Lobbyist Wrote GOP Lawmakers’ ‘Permitless Carry’ Speech, Document Data Shows
Ohio Capital Journal – Jake Zuckerman | Published: 3/4/2022

Last April, two Republicans in the Ohio House told lawmakers their “constitutional carry” bill would ease the bureaucratic hassle of undergoing training and a background check to obtain a license to carry a concealed weapon. But they did not write the speech. Chris Dorr, a lobbyist and executive director of Ohio Gun Owners, did. Metadata attached to a copy of their testimony on the Legislature’s website shows his name as the author of the document. Dorr writing the testimony is among the clearest signs of the close working relationship between gun lobbyists and Republican lawmakers.

Ohio – Ohio Regulatory Judge Steps Back from FirstEnergy’s HB 6 Cases After Subpoenaed Records Reveal His Role
Energy News Network – Kathiann Kowalski | Published: 3/7/2022

An Ohio regulatory official stepped away from four FirstEnergy regulatory cases after subpoenaed documents showed he took part in policy matters relating to House Bill 6, the nuclear and coal bailout law at the heart of an ongoing corruption scandal. The materials show Gregory Price, a hearing examiner overseeing House Bill 6 cases for the Public Utilities Commission of Ohio (PUCO), was included in policy communications with former PUCO Chairperson Sam Randazzo before the law passed and when bills to repeal it were proposed in the wake of the arrests of former Ohio House Speaker Larry Householder and others.

Tennessee – Ex-Tennessee Rep Pleads Guilty to Fraud in Consulting Scheme
MSN – Jonathan Mattise (Associated Press) | Published: 3/8/2022

Former Tennessee Rep. Robin Smith pleaded guilty to a federal wire fraud charge in connection with a political consulting firm involving state Rep. Glen Casada, who had served as House speaker. Prosecutors say Smith, Casada, and Casada’s then-chief of staff, Cade Cothren, used the firm to illegally funnel money to themselves through both campaign and taxpayer-funded work while concealing their involvement. Casada resigned from the top leadership post in 2019 after revelations he exchanged sexually explicit text messages about women with Cothren.

Texas – Ethics Commission Fines Republican $30K for Implying Black Democrats Endorsed Him
Yahoo News – TheGrio.com | Published: 3/8/2022

Eric Dick, who lost his bid for a seat on its Houston City Council in 2019, was fined $30,000 by the Texas Ethics Commission after falsely claiming he had been endorsed by a group of Black Democrats. Dick was running for office when he sent out an endorsement mailer by a group called the Harris County Black Democratic News. One side of the mailer had a banner that read, “Endorsement Announcement.” Dick originally told the commission he was not behind the mailer. But an investigation discovered he requested the mailer, approved the design, and arranged for its payment.

Vermont – Vermont Is One of Five States Without a Statutory Code of Ethics. A Bill in the Senate Seeks to Change That
Vermont Public Radio – Peter Hirschfeld | Published: 3/8/2022

The Vermont Senate is poised to advance legislation that would create a statutory code of ethics for elected officials and state employees, but government watchdogs continue to face resistance to an independent agency to enforce the code. Vermont is one of only five states without a statutory code of ethics. “In order to have a really solid framework for government ethics, an outside entity such as the ethics commission does need to have some kind of investigatory or enforcement power,” said Christina Sivret, executive director of the state Ethics Commission. “However, we envision that to be a very slow process. People are not even used to having a statutory code of ethics in place.”

Washington – WA Attorney General Bob Ferguson Announces $9M Settlement in Grocery Industry Campaign-Finance Case
Seattle Times – Jim Brunner | Published: 3/2/2022

A trade group that represents some of the biggest U.S. food companies agreed to pay $9 million for violations of Washington’s campaign finance law after the state Supreme Court upheld a penalty twice that much. The Consumer Brands Association will pay the fine and drop an expected appeal to the U.S. Supreme Court. The settlement will finally end a long legal battle stemming from a 2013 ballot initiative that sought to require labeling of genetically modified food products. Documents showed the group sought to conceal the identities of corporations that wrote big checks to fund its campaign.

Washington DC – The Tiny Radio Station Broadcasting Russian Propaganda in D.C.
WFPL – Paul Farhi (Washington Post) | Published: 3/7/2022

WZHF, a former Spanish-language station 11 miles east of the White House in Maryland’s Capitol Heights, is the flagship of Russian President Vladimir Putin’s effort to harness America’s radio airwaves to sell the Kremlin’s point of view. Despite periodic legal and political challenges, and the imposition of sanctions against Russia for its invasion of Ukraine, the station has stayed on the air, broadcasting its Kremlin-approved message. The station is one of only five outlets in the U.S. that air English-language broadcasts of “Radio Sputnik,” produced in Moscow and Washington under the Russian government’s supervision.

Wyoming – Crossover Voting Ban Dies, Other Election Legislation Prevails
WyoFile – Maggie Mullen | Published: 3/9/2022

Election reforms trumpeted by the Wyoming Republican Party failed this session. Meanwhile, two campaign finance bills passed, along with one to ease the absentee ballot process for clerks. House Bill 49 requires any organization that receives or spends funds in excess of $1,000 for the purpose of influencing an election outcome to officially file as a political organization. House Bill 80 would increase the penalties for campaigns and PACs that do not file an itemized statement of contributions and expenditures.

On March 10, the Federal Election Commission (FEC) approved revisions to Form 1, the Statement of Organization for political committees, as well as to the instructions for the form and an Explanation and Justification for the revisions.

On January 13, the FEC had decided to revise its PAC registration form to explicitly include designations for superPACs and Hybrid Committees, instructing the agency’s staff to expand Form 1 (Statement of Organization). SuperPACs, which are technically independent expenditure-only political committees, and Hybrid Committees, which in turn are committees with separate non-contribution accounts, are currently required to file separate letters along with Form 1 to receive those designations.

The revised form takes effect 10 legislative days after the Form 1 Revisions package is received by Congress, unless Congress objects to the revisions.

Campaign Finance

National: “Inside the Jan. 6 Committee’s Effort to Trace Every Dollar Raised and Spent Based on Trump’s False Election Claims” by Josh Dawsey, Jacqueline Alemany, and Tom Hamburger (Washington Post) for MSN

New York: “Cuomo Doesn’t Say Whether He’s Running for Office. The Board of Elections Implies He Is.” by Joshua Solomon for Albany Times Union

Texas: “Ethics Commission Fines Republican $30K for Implying Black Democrats Endorsed Him” by TheGrio.com for Yahoo News

Wyoming: “Crossover Voting Ban Dies, Other Election Legislation Prevails” by Maggie Mullen for WyoFile

Elections

Colorado: “Grand Jury Indicts Mesa County Clerk Tina Peters and Deputy Clerk in Election System Breach Investigation” by Saja Hindi (Denver Post) for Canon City Daily Camera

Ethics

Florida: “Tallahassee Officials’ Trip After FSU Stadium Vote Raises Questions” by Jeff Burlew (Tallahassee Democrat) for stuartabsolon.com

Illinois: “Former Sen. Tom Cullerton Pleads Guilty to Embezzlement” by Peter Hancock (Capital News Illinois) for Illinois Newsroom

Vermont: “Vermont Is One of Five States Without a Statutory Code of Ethics. A Bill in the Senate Seeks to Change That” by Peter Hirschfeld for Vermont Public Radio

Lobbying

National: “Russian-American Charged with Acting as Illegal Russian Agent in the US” by Sonia Moghe for CNN

On April 11, a provincial byelection will be held in the electoral division of Marie-Victorin for the Quebec National Assembly.

The election will be held to fill the vacant seat of former Member of the National Assembly Catherine Fournier, who resigned in November of last year after becoming elected the mayor of Longueuil.

The election was announced by Premier François Legault on March 8.

Campaign Finance

Arizona: “Arizona Lawmaker Speaks to White Nationalists, Calls for Violence – and Sets Fundraising Records” by Beth Reinhard and Rosalind Helderman (Washington Post) for MSN

Florida: “Senate Passes Citizen Initiative Limits on Out-of-State Influence, Awaits House Answer” by Renzo Downey for Florida Politics

Elections

National: “Texas Militia Member Convicted on All Charges in First Jan. 6 Trial” by Kyle Cheney and Josh Gerstein (Politico) for MSN

North Carolina: “In 2020, Meadows Registered to Vote at N.C. Mobile Home That He Reportedly Never Lived In” by Marianna Alfaro (Washington Post) for MSN

Ethics

Georgia: “First Trial in Atlanta Corruption Investigation Set to Start” by Kate Brumback (Associated Press) for Yahoo News

Illinois: “An Unnamed Presence in the Michael Madigan Indictment: AT&T” by Jason Meisner and Ray Long (Chicago Tribune) for Yahoo News

New York: “How the Manhattan D.A.’s Investigation into Donald Trump Unraveled” by Ben Protess, William Rashbaum, and Jonah Bromwich (New York Times) for MSN

Redistricting

National: “Supreme Court Denies GOP Requests to Block New Congressional Maps in N.C., Pa.” by Robert Barnes (Washington Post) for MSN

Tennessee Rep. Robin Smith has resigned effective immediately after being charged with federal wire fraud for allegedly taking kickbacks from a campaign vendor.

Smith was elected to the House District 26 seat in 2018.

Ethics

California: “Buscaino Spends Donor Funds on Family Trips to Hawaii and Italy” by Benjamin Oreskes and Maloy Moore (Los Angeles Times) for Yahoo News

Illinois: “Famously Shrewd, Michael Madigan Has Been Indicted. But What Did He Actually Say on Tape?” by Jason Meisner and Ray Long (Chicago Tribune) for MSN

New York: “Inspector General Investigates JCOPE ‘Hot Mic’ Episode” by Chris Bragg for Albany Times Union

Ohio: “Ohio Regulatory Judge Steps Back from FirstEnergy’s HB 6 Cases After Subpoenaed Records Reveal His Role” by Kathiann Kowalski for Energy News Network

Tennessee: “Tennessee Rep. Robin Smith Resigns from Legislature After Wire Fraud Charge” by Melissa Brown and Adam Friedman (Tennessean) for Yahoo News

Washington DC: “The Tiny Radio Station Broadcasting Russian Propaganda in D.C.” by Paul Farhi (Washington Post) for WFPL

Legislative Issues

Kansas: “Lawmakers May Change How Kansas Supreme Court Justices Are Picked as Redistricting Case Looms” by Andrew Bahl (Topeka Capital-Journal) for Yahoo News

Lobbying

National: “K Street Was Fine Taking Russian Cash – Until It Couldn’t” by Hailey Fuchs (Politico) for Yahoo News

The Utah legislative session adjourned sine die March 4 after 45 days.

During the session, lawmakers approved a $25 billion budget that included a notable increase for public education funding.

The budget was the largest ever, driven by the economy and additional spending from Washington D.C.

Additionally, a nearly $200 million package cutting income taxes was approved.

Legislation that passed during the session will become effective 60 days following the date of adjournment sine die.

The Oregon Legislative Assembly adjourned sine die March 4, after voting on 60 bills on their last day in session.

Highlights from the short session include access for low-income Oregonians to air conditioners, financial aid for low-income families, and mandated overtime payments to farmworkers.

The session was affected by the Great Resignation, with 20 lawmakers retiring or moving to different positions within the government.

The New York Joint Commission on Public Ethics (JCOPE) announced it expects the online filing system to be back online by March 11.

JCOPE’s online system has been down since February 21 following a malicious cyberattack.

All filings due during the outage will be granted an automatic 21-day extension and the March 15 lobbying bi-monthly report deadline is extended to March 31.

JCOPE will distribute additional guidance to lobbying filers before the system is back online.

Campaign Finance

Alaska: “Alaska Campaign Finance Commission Erases All Limits on Donations to Political Candidates” by Nathaniel Herz (Anchorage Daily News) for Yahoo News

Illinois: “Former Veterans Affairs Chief Wrote Checks Totaling $50,000 to Her Mom from Her Political Fund” by Rachel Hinton for Better Government Association

Washington: “Trade Group Settles GMO-Labeling Case for $9 Million” by Gene Johnson (Associated Press) for MSN

Elections

National: “Republican Clash Shows the Enduring Appeal, and Dubious Benefit, of Campaign Platforms” by Mike DeBonis and Marianna Sotomayor (Washington Post) for MSN

North Carolina: “North Carolina Rep. Cawthorn’s Candidacy Challenge Blocked” by Gary Robertson (Associated Press) for MSN

Legislative Issues

Massachusetts: “State Senate Hires a Pay Consultant in Wake of Report That Says Staff Pay ‘Breaks with Best Practice’” by Samantha Gross (Boston Globe) for MSN

Lobbying

National: “Lobbyists Urge Lawmakers to Let Them Roam the Capitol Again” by Kate Ackley (Roll Call) for MSN

Ohio: “Gun Lobbyist Wrote GOP Lawmakers’ ‘Permitless Carry’ Speech, Document Data Shows” by Jake Zuckerman for Ohio Capital Journal

The Alaska Public Offices Commission (APOC) has issued a final order rejecting the revival of previous campaign limits.

In 2019, the U.S. Supreme Court remanded Thompson v. Hebdon, asking the lower court to consider whether Alaska’s campaign contribution limits were consistent with previous First Amendment precedents.

The Ninth Circuit held the limitations on contributions made by individuals to candidates and groups were unconstitutional but held the limits from political parties to candidates were valid.

With this holding and no action by the state Legislature, Alaska does not have restrictions on individuals donating to candidates or groups other than political parties.

APOC was asked to consider reviving the limits set in 2003 but declined to do so.

The commission’s final order implores lawmakers to pass new campaign finance limits.

There are currently three bills introduced in the Legislature to limit political contributions.

National/Federal

Backstage Drama at Jan. 6 Rally for Trump Draws Interest of House Committee
MSN – Jacqueline Alemany, Josh Dawsey, and Beth Reinhard (Washington Post) | Published: 2/26/2022

The White House was made aware of concerns among allies of Donald Trump that some people coming to Washington, D.C. on January 6, 2021, to potentially speak at the rally were too extreme, even for a president who had frequently pushed or crossed the boundaries of traditional political norms. The advance warnings to the White House and the friction between organizers have become a focus for the House select committee investigating the insurrection, as lawmakers try to understand the planning and financing behind the rally.

First Jan. 6 Defendant Pleads Guilty to Seditious Conspiracy in Capitol Attack
MSN – Tom Jackman and Rachel Weiner (Washington Post) | Published: 3/2/2022

A member of the far-right Oath Keepers extremist group became the first to admit to engaging in seditious conspiracy on January 6, 2021, to keep President Biden from taking office. Joshua James pleaded guilty to helping lead a group that prosecutors say sent two tactically equipped teams into the Capitol and organized a cache of weapons in a hotel just outside the city. He may face the stiffest sentence of any January 6 defendant so far, according to preliminary sentencing guidelines.

Four US Lawmakers or Their Spouses Personally Invested in Russian Companies: Documents
MSN – Dave Levinthal (Business Insider) | Published: 3/1/2022

Four members of Congress or their spouses have either currently or recently invested money in Russian companies, financial disclosures show. These investments come to light in the midst of Russia’s invasion of Ukraine, which has prompted the U.S. government to hit Russia with heavy sanctions and triggered boycotts of Russian products and culture. Congress is debating whether to ban members from trading individual stocks amid violations of current financial disclosure laws and potential conflicts-of-interest.

Four Women on the Supreme Court Would Bring Historic, Near Gender Parity for Institution Long Dominated by White Men
MSN – Robert Barnes (Washington Post) | Published: 2/27/2022

If President Biden’s nominee, Judge Ketanji Brown Jackson, is confirmed to the U.S. Supreme Court, it would mean four women would simultaneously serve for the first time in its 233-year history, as close to gender parity as possible on the nine-person bench. That will not change the court’s ideological direction, and law professors and political scientists continue to debate whether gender significantly affects legal interpretation. But those who welcome the change say it is important for representational reasons, and they assert it could bolster the public’s view of the court’s legitimacy.

Guns, Radicalization and a Father’s Alleged Threat: First Jan. 6 trial set to begin
MSN – Spencer Hsu (Washington Post) | Published: 2/28/2022

Guy Reffitt, a purported recruiter for the right-wing, anti-government Three Percenters movement is the first person to stand trial in the January 6, 2021, attack on the Capitol. For the first time, a defendant will get to confront in open court a portion of the mountain of video evidence, online communications data, and police testimony the government has amassed against roughly 750 federally charged individuals.  A judge and jury in D.C. also will weigh prosecutors’ application  of rarely used criminal statutes to prosecute the first violent incursion of the Capitol by U.S. citizens.

Jan. 6 Committee Alleges Trump, Allies Engaged in Potential ‘Criminal Conspiracy’ by Trying to Block Congress from Certifying Election
MSN – Josh Dawsey, Tom Hamburger, Jacqueline Alemany, and Rosalind Helderman (Washington Post) | Published: 3/2/2022

The House committee investigating the January 6, 2021, attack on the U.S. Capitol said in a court filing it had evidence former President Trump and his allies engaged in a “criminal conspiracy” by trying to block Congress from certifying the election. The alleged criminal acts, which include conspiring to defraud the United States, were raised by the committee in a filing challenging conservative lawyer John Eastman’s refusal to turn over thousands of emails the panel requested related to his role in trying to persuade former Vice President Mike Pence to reject electors from states won by Joe Biden.

Lobbyists Ramp Up Fly-Ins Despite Capitol Covid-19 Restrictions
Bloomberg Government – Nancy Ognanovich | Published: 2/24/2022

Two years after the pandemic forced the closure of the U.S. Capitol, the lobbying community still faces challenges maintaining relationships and effective communications with House and Senate lawmakers and staff. But with Covid-19 cases waning and important legislative issues on the agenda, some lobbyists and industry associations are resuming their trek to Washington, D.C. and have devised ways to deal with continued restrictions on entering the Capitol complex. More than 50 different business groups plan trips, with industry fly-ins beginning March 2, according to Ed Mortimer, a U.S. Chamber of Commerce vice president.

‘My Life Was a Constant Lie’: Chabot’s ex-campaign manager sentenced for $1.4 million theft
MSN – Kevin Grasha (Cincinnati Enquirer) | Published: 3/1/2022

U.S. Rep. Steve Chabot’s onetime campaign manager, Jamie Schwartz, was sentenced to two years in federal prison for stealing $1.42 million from the campaign. Schwartz’s embezzlement took place over at least eight years, prosecutors said. But the scheme began to unravel in the summer of 2019 when the FEC began an audit of the campaign. According to prosecutors, Schwartz falsified official records, forged bank records, and lied to the FEC.

Some Records Taken by Trump Are So Sensitive They May Not Be Described in Public
MSN – Jacqueline Alemany and Tom Hamburger (Washington Post) | Published: 2/26/2022

Some of the presidential records recovered from former President Trump’s residence at Mar-a-Lago are so sensitive they may not be able to be described in forthcoming inventory reports in an unclassified way. The revelation comes as U.S. Rep. Carolyn Maloney sent the National Archives and Records Administration a request for further information on 15 boxes of records recovered from Trump’s resort. There are records at the very highest levels of classification, including some that can be viewed by only a small number of government officials.

Trial Opens for Men Accused of Funneling Millions to Back Hillary Clinton in 2016 Presidential Race
Yahoo News – Josh Gerstein (Politico) | Published: 2/24/2022

Businessperson Rani El-Saadi is on trial, accused of conspiring to illegally donate more than $3 million to back Hillary Clinton in the 2016 presidential race. Prosecutors said digital payments magnate Andy Khawaja supplied the $150,000 that El-Saadi personally donated to attend a Clinton fundraiser in 2016. Khawaja has been in Lithuania fighting extradition to the U.S. for more than two years and was declared a fugitive. “Khawaja wanted very badly to gain power and influence in the U.S.,” prosecutor Michelle Parikh told the jury.

US Lobbying Firms Rush to Cut Ties with Russian Businesses Hit with Sanctions
CNN – Casey Tolan, Curt Devine, and Daniel Medina | Published: 2/26/2022

In the years leading up to Russia’s attack on Ukraine, U.S. lobbyists have raked in millions of dollars from Russian banks and financial firms paying to push their interests in Washington. Now, in the wake of the Russian invasion and new sanctions announced by President Biden, many of those lobbying firms are rushing to cut ties and drop their lucrative contracts. The exodus marks the rupture of a Moscow-to-K-Street conduit that has long employed former federal officials and members of Congress of both parties, experts said.

Canada

Canada – Ethics Commissioner Calls for Reform of Alberta Lobbyist Rules
CBC – Paige Parsons | Published: 3/3/2022

The province should create a communication registry for lobbyists to address what she says is a lack of transparency, Alberta’s ethics commissioner says. Marguerite Trussler’s office put forward a number of recommendations for changes to the Alberta Lobbyists Act as part of a review of the legislation currently underway. The law must be reviewed every five years, and  a committee is expected to submit a report with its recommendations to the Legislature by September.

From the States and Municipalities

California – Mayor’s Top Aide Held Private Call with Ash Street Defendant, Lobbyist Before Tuesday Council Meeting
San Diego Union Tribune – Jeff McDonald | Published: 2/27/2022

One day before the San Diego City Council met to discuss the lawsuits over a controversial lease, Mayor Todd Gloria’s chief operating officer, Jay Goldstone, spoke privately with the principal owner of a development firm that is being by the city and his lobbyist. Jay Goldstone testified at his deposition he reached out to lobbyist Christopher Wahl days ahead of a city council meeting. Wahl set up the conference call between Goldstone, himself, and his client, Cisterra Development majority owner Steven Black. A mayoral spokesperson did not say why no lawyers participated in the meeting or why the other defendants were not involved.

Colorado – Envelope with Checks Found in Colorado Capitol Bathroom Creates Sticky Situation
Colorado Politics – Marianne Goodland | Published: 2/24/2022

A Colorado House staffer went into the men’s public bathroom in the basement of the Capitol and found an envelope. Inside were checks, made out to the Senate Majority Fund, the independent expenditure committee that helps to finance Republican campaigns for the state Senate. How many checks were in the envelope and how much total are not known, although a source mentioned they are in the five figures.

Connecticut – Upstairs, Downstairs: In CT Capitol, Senate is off limits, House is open
CTMirror.org – Mark Pazniokas | Published: 3/2/2022

The House and Senate Democratic majorities in Connecticut diverged sharply and awkwardly on questions of COVID-19 and public access to a state Capitol that has been largely closed for nearly two years. The second floor of the Capitol, where the House resides, was open and its hallways lined by lobbyists, representatives of unions and non-profits, and one woman handing out flyers opposed to legalizing assisted suicide. The third-floor home of the Senate was closed.

Florida – Bill Banning Lobbying for Ex-Lawmakers Heads to Gov. DeSantis’ Desk
Florida Politics – Gary Rohrer | Published: 2/25/2022

Former lawmakers who lobby their ex-colleagues in the Florida Legislature or executive branch could face a fine and other sanctions starting next year, after the Senate unanimously passed House Bill 7001, sending it to Gov. Ron DeSantis’ desk. Under the bill, a lawmaker who receives compensation for lobbying at the state level within six years after leaving office could be subject to a public censure, a civil fine of up to $10,000, the forfeiture of any money received to lobby, or all three.

Florida – They Threw a $74,000 Goodbye Party for a County Official. Lobbyists Pitched In. How Did That Help the Public?
MSN – Lisa Huriash (South Florida Sun Sentinel) | Published: 2/25/2022

Broward County lobbyists, politicians, and county officials were on the guest list for a surprise celebration at the FLA Live Arena in February. Now the event, marking the retirement of Broward County Administrator Bertha Henry, is facing scrutiny over whether it created the appearance of melding the county’s interests with those of lobbyists and private financial interests. Some of the funding for the event came from the Florida Panthers, the hockey team that has historically come before the county ask for public subsidies to stay afloat, and its top two people were on the guest list.

Illinois – Ex-House Speaker Michael Madigan, Long the State’s Most Powerful Pol, Indicted on Federal Racketeering Charges
Yahoo – Jason Meisner and Ray Long (Chicago Tribune) | Published: 3/2/2022

Michael Madigan, the former speaker of the Illinois House and for decades one of the nation’s most powerful legislators, was charged in a racketeering and bribery scheme, becoming the most prominent politician swept up in a federal investigation of government corruption in the state. The 22-count indictment comes after a yearslong probe and alleges Madigan participated in an array of bribery and extortion schemes from aimed at using the power of his office for personal gain. He was dethroned as speaker in 2021 as the investigation swirled around him, and soon after resigned the House seat he had held since 1971.

Illinois – Investigation of AT&T Contracts in Probe Orbiting Michael Madigan Centers on Funds to Lobbyists and Former State Rep, Sources Say
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 3/2/2022

Consulting funds flowing from AT&T to a lobbyist with deep ties to then-Illinois House Speaker Michael Madigan and eventually to a former state representative are at the center of a federal investigation into the company’s lobbying practices in Springfield. AT&T disclosed that federal prosecutors notified it they were considering filing criminal charges against its Illinois subsidiary involving “a single, nine-month consulting contract in 2017? worth $22,500. Records show the company that year had hired a stable of Madigan-connected lobbyists working for the subsidiary as AT&T was fighting for a controversial bill to end landline service.

Kansas – Kansas Lawmakers Are Supposed to Vet Bills in Committees. But Are Their Hearings Fair?
MSN – Jonathan Shorman and Katie Bernard (Kansas City Star) | Published: 3/1/2022

Lawmakers and lobbyists in Kansas say some legislative committees either limit public comment or tip the scales in the favor of bills supported by the Republican majority. In theory, the Legislature’s 48 committees are supposed to serve as a first check on bills, allowing lawmakers to vet them before they are sent to the floor. But in practice, Republican chairs are able to determine what voices are heard, what bills move forward, and even push policy pieces without a public hearing. Some Democrats and lobbyists complain these practices allow Republicans to paint a false picture of public opinion and stifle debate when convenient.

Maine – Subpoenas Will Ramp Up Maine Investigation into National Conservative Group
Bangor Daily News – Caitlin Andrews | Published: 2/28/2022

The Maine ethics commission voted to allow staff to subpoena the American Legislative Exchange Council (ALEC) to require them to turn over documents to determine if it violated state contribution laws by allowing lawmakers to use software that contains voter information and is used to track constituent interactions. ALEC has refused to participate in the probe, saying it believes it is illegitimate. The move is expected to lead to months of litigation over the subpoenas.

Massachusetts – Are Campaign Donations to MA Sheriffs Too Suggestive of Pay-to-Play? CT May Have Solution
Herald News – Kyle Stucker (USA Today) | Published: 2/25/2022

A report revealed Massachusetts sheriffs received $2.69 million in questionable donations during their campaigns, calling into question whether construction firms, medical companies, and other special interests are buying influence. Sheriffs deny being involved in “pay-to-play” schemes. Even if wealthy special interests are not buying policies that pad their coffers, the advocacy groups behind the report suggested such campaign donations do not pass the smell test even though they’re legal. The groups believe Massachusetts and other states should adopt Connecticut’s public financing model to improve confidence and fairness in their elections.

Michigan – Term Limits Were Supposed to Fix Lansing. Did They Make It Worse Instead?
MLive.com – Samuel Robinson | Published: 3/2/2022

Thirty years have passed since Michigan voters approved limits to the number of years politicians can serve to six (three terms) in the House and eight (two terms) in the Senate. While the change ushered out veteran lawmakers, many still wonder whether that was a good thing. Michigan’s strictest-in-the-nation term limits have drawn a backlash so strong a bipartisan group is now aiming to loosen rules by putting the question back on the ballot. Critics argue that setting strict limits on how long politicians can serve has splintered relationships at the Capitol and reduced bipartisanship to a point where it is hurting constituents.

Missouri – Independence Mayor Asked About Campaign Donations in Deposition, but Advised to Stay Mum
MSN – Kevin Hardy (Kansas City Star) | Published: 3/2/2022

Independence Mayor Eileen Weir was asked in a deposition last year about campaign contributions she received from a Missouri company looking to do business with the city. The donations have raised questions among other city council members and drew the interest of the FBI. But a transcript of that deposition shows she mostly avoided the topic after her personal attorney objected to the line of questioning and advised her not to answer questions about the contributions. The mayor was questioned under oath as part of a defamation lawsuit against the city and two council members.

Nevada – Social Video Shows ‘Racist’ Taunts of Nevada Governor, Wife
MSN – Ken Ritter (Associated Press) | Published: 2/28/2022

Nevada Gov. Steve Sisolak, a Democrat, and his wife were accosted during the weekend by two men who followed them out of a Las Vegas restaurant shouting profanities, taunts, and anti-government statements in an incident posted on the Internet. Sisolak characterized the incident as “racist threats.” His wife is a former municipal finance specialist of Chinese heritage who was born in the Nevada town of Ely. The incident now is being investigated by state police.

New Jersey – 2 Counties Tried to Skirt N.J. Public Bidding Laws. Now the Legislature May Make It Legal.
MSN – Ted Sherman (NJ Advance Media) | Published: 3/2/2022

Efforts by two counties to evade New Jersey’s bidding laws on projects involving tens of millions of dollars in public funding are now the focus of a bill introduced in the state Senate that would make legal what the courts have so far declared to be illegal. The legislation would clear the way for county improvement authorities to essentially award no-bid deals to favored contractors. Under the measure, counties would be able to ignore the bidding requirements of New Jersey’s Local Public Contracts Law by declaring any major construction proposal a “redevelopment project.”

New York – Lt. Gov.’s Campaign Expenses Show Conflicts with Taxpayer Refunds
Albany Times Union – Chris Bragg | Published: 2/28/2022

The Albany Times Union found a dozen instances where Lt. Gov. Brian Benjamin submitted vouchers claiming the full, taxpayer-funded reimbursement for traveling from New York City to Albany; during those same trips, a campaign-issued debit card was used to pay for gasoline. Each time he had sought full taxpayer reimbursement for the 12 trips, Benjamin stated he was the one bearing the costs. Albany politicians collecting taxpayer-funded reimbursement for costs already covered by their campaigns has at times proven controversial and was the subject of the 2006 trial of former Assemblyperson Clarence Norman.

New York – ‘Malicious Cyberattack’ Strikes New York Ethics Agency
Albany Times Union – Brendan Lyons | Published: 2/25/2022

The New York Joint Commission on Public Ethics (JCOPE) shut down its online filing system as authorities investigate a “deliberate malicious cyberattack.” JCOPE said the attack involved a web server that houses, among other systems, the agency’s lobbying application and financial disclosure filing systems.

Ohio – Ohio House Won’t Release Texts Between House Rep and Indicted Ex-Speaker
WEWS – Jake Zuckerman (Ohio Capital Journal) | Published: 3/2/2022

Lawyers with the Ohio House denied a public records requests for text messages between a sitting lawmaker and former Speaker Larry Householder, who was expelled by his peers while under a racketeering indictment related to alleged public corruption. State Rep. Jay Edwards and Householder regularly exchange text messages and talk on the phone. Edwards said they always avoid discussing the criminal case against Householder and usually, but not always, avoid public policy discussions as well. Edwards says the messages do not exist because “… I go through at night and erase text messages I don’t find useful.”

Ohio – Ohio Judge Helped Write a Bailout That Led to Arrests; Now He’s Blocking Outside Probes
WEWS – Jake Zuckerman (Ohio Capital Journal) | Published: 2/28/2022

A judge who oversees utility cases was involved in writing a coal and nuclear bailout now at the center of what prosecutors have described as the largest public corruption case in Ohio history, subpoenaed documents show. That same judge, Greg Price, is presiding over multiple regulatory cases in which a government watchdog agency is trying to investigate that same corruption. His orders, spanning 18 months, have blocked investigations into FirstEnergy, a utility at the center of the scandal.

Oklahoma – Claiming Out-of-State Influences, Oklahoma Looks to Clamp Down on State Question Laws
Oklahoma Watch – Trevor Brown | Published: 2/28/2022

Several Oklahoma lawmakers are looking to add hurdles for citizen-led groups to pass the type of state questions that legalized medical marijuana, expanded Medicaid, and won voter support despite Republican leaders’ opposition in recent years. More than a dozen bills up for consideration, all authored by GOP legislators, seek to either requirements for citizen-led voter initiatives to get on the ballot or increase the threshold for some of the proposals to pass on Election Day.

Oregon – Oregon Labor, Business Interest Groups File Challenges to Campaign Contribution Limit Proposals
Spokane Spokesman-Review – Hillary Borrud (Portland Oregonian) | Published: 2/25/2022

Oregon business and labor groups filed challenges to three proposed ballot measures that would set campaign contribution limits in the state. The challenges were anticipated by supporters but nonetheless increase the likelihood that voters will not get to weigh in on political donation limits. Secretary of State Shemia Fagan disqualified the proposed measures because she said they should have included the entire texts of laws they would amend, including sections that would be left unchanged. Fagan based her decision on a 2004 Oregon Court of Appeals ruling that previous secretaries of state generally did not follow.

Pennsylvania – Activists Disrupt House GOP Leader’s Speech Demanding Action on Gift Ban Legislation
PennLive.com – Jan Murphy | Published: 2/28/2022

Activists seeking passage of legislation to ban gifts to lawmakers disrupted the Pennsylvania Press Club luncheon to pressure House leadership to act on the bill. Reid Stever, a representative of MarchOnHarrisburg, interrupted House Majority Leader Kerry Benninghoff’s speech to press for a vote on House Bill 1945, which makes it illegal for lawmakers to accept a gift from a lobbyist. It won House State Government Committee approval last March but has yet to be brought up for a vote by the full chamber.

Pennsylvania – Pennsylvania GOP Urges Supreme Court to Toss Congressional Map
MSN – Michael Macagnone (Roll Call) | Published: 2/28/2022

Pennsylvania Republicans asked the U.S. Supreme Court to overturn a state court-approved congressional map, arguing the Democrat-controlled court exceeded its authority by imposing the map without the Legislature’s approval. The Pennsylvania Supreme Court selected the map after the politically divided state government failed to approve one. The appeal argued the state court’s selection of one of the plaintiffs’ maps targeted Republicans and violated the Constitution by having congressional districts that deviated in population by two or more people.

Tennessee – Former Tennessee Speaker Casada Aide Cothren Refuses to Testify in State Campaign Finance Probe
Yahoo News – Andy Sher (Chattanooga Times Fress Press) | Published: 3/2/2022

Cade Cothren, the former chief of staff to then-Tennessee House Speaker Glen Casada, invoked his Fifth Amendment right against self-incrimination and did not appear before the Registry of Election Finance regarding his alleged involvement as the head of a PAC that attacked a Casada critic. The registry voted to issue subpoenas for information related to the Faith Family Freedom Fund PAC to Cothren, Casada, and several others who may have had knowledge of the committee.

Texas – Dallas Hires Former Texas Health Inspector General to Investigate City Corruption Claims
Dallas Morning News – Everton Bailey Jr. | Published: 2/23/2022

Dallas hired a former state health inspector general to lead a new office in charge of investigating allegations of waste, abuse, and fraud. Bart Bevers was chosen as the city’s first inspector general, a position created in December when city officials made several changes to ethics rules to strengthen transparency and accountability. Several scandals involving Dallas officials have resulted in convictions on corruption-related charges.

Texas – Rejected Mail Ballots, Confused Voters: Texas’s restrictive new law casts shadow over primary
MSN – Amy Gardner (Washington Post) | Published: 3/1/2022

Democrats and voting rights advocates predicted for months that new election rules in Texas, referred to as Senate Bill 1 in the state, would make it harder for some people to vote and for election officials to do their jobs. The March 1 primary made clear to critics that those predictions, so far, have come true, providing a glimpse of what voting could look like in more than a dozen states that enacted similarly restrictive laws in the aftermath of the 2020 contest.

Utah – Utah Lawmakers Pass New Media Restrictions for House Floor
MSN – Sam Metz (Associated Press) | Published: 3/1/2022

The Utah House approved new rules that limit where members of the press can film and interview lawmakers, following similar action taken by the state Senate. The rules extend pandemic-era restrictions on when journalists can report from the floors of the legislative chambers. Media organizations and journalists oppose the rules changes, arguing that restricting media movements would make it more difficult to cover fast-paced action and make it easier for lawmakers to dodge the press. They said the move reduced transparency.

Virginia – Virginia Lawmakers Still Can’t Bring Themselves to Ban Personal Use of Campaign Cash
Virginia Mercury – Graham Moomaw | Published: 3/2/2022

After years of debate and multiple studies, Virginia lawmakers still are not ready to pass a law preventing themselves from using campaign money on personal expenses that have nothing to do with running for office. The last remaining bill prohibiting personal use of campaign funds died in a House subcommittee, with several legislators framing the issue as too complex to tackle even though the practice is already outlawed at the federal level and in most states. Republicans on the panel defeated the version of the bill that had passed the Senate with overwhelming bipartisan support.

Wisconsin – Wisconsin GOP’s 2020 Report Embraces Fringe Election Decertification Theory
Yahoo News – Zach Montellaro (Politico) | Published: 3/1/2022

A draft report for a Republican-run investigation of the 2020 election in Wisconsin, embraces the fringe theory that election results could be decertified after the fact – advancing former President Trump’s calls to overturn an election he lost over a year ago. Former Wisconsin Supreme Court Justice Michael Gableman has been conducting a probe of the 2020 election, authorized by state Assembly Speaker Robin Vos. Gableman’s interim report attacks Wisconsin election administrators and argues for dismantling the state’s election board.

Wisconsin – Wisconsin Supreme Court Hears Arguments in Regulator Bias Case Spawned by Power Line
Madison.com – Chris Hubbuch (Wisconsin State Journal) | Published: 2/28/2022

The Wisconsin Supreme Court heard arguments in a case stemming from a power line dispute that could have sweeping implications for regulators, judges, and other public officials. The court is being asked to decide if a former utility regulator’s personal relationships could invalidate the permit for a controversial power line being built in the state. Opponents of the line sought to question former Public Service Commissioner Mike Huebsch about communications, some using an encrypted messaging app, with utility lobbyists and his eventual attempt to land a job with one of the utilities behind the project.