National/Federal

A Retired Colonel’s Unlikely Role in Pushing Baseless Election Claims
MSN – Alan Feuer (New York Times) | Published: 12/21/2021

After President Biden’s inauguration, a former Army colonel with a background in information warfare appeared on a Christian conservative podcast and offered a detailed account of his monthslong effort to challenge the validity of the 2020 vote count. Phil Waldron told a story that was almost inconceivable: how a cabal of bad actors, including Chinese Communist officials, international shell companies, and the financier George Soros, had conspired to hack into U.S. voting machines in a “globalist/socialist” plot to steal the election. The postelection period gave fringe players an opportunity to find an audience in the White House.

Black Lawmakers Threaten to Cut Off K St Unless It Diversifies
Yahoo News – Hailey Fuchs and Laura Barrón-López (Politico) | Published: 12/19/2021

Members of the Congressional Black Caucus are calling on the lobbying industry to diversify its offices in Washington, D.C. or risk losing their support. K Street has found itself scrambling in recent years to up its representation of employees of color. But the threats from Black lawmakers to stop meetings with certain firms represents one of the most aggressive attempts to force K Street to change from within. The increasing power and sheer size of the Congressional Black Caucus in the Democratic Party makes it a formidable political force on and off Capitol Hill.

Democratic Push on Voting Rights Becomes More Urgent as Midterms Approach
MSN – Theodoric Meyer (Washington Post) | Published: 12/22/2021

Senate Democrats not only failed to push their social spending bill over the finish line before the Christmas holidays. They also fell short on another of the party’s top priorities this year: approving a landmark package of voting rights measures. While Democrats argue the changes are critical to safeguarding democracy, strategists in both parties say the package could also reshape the battle for control of the House next year, potentially bolstering Democrats’ chances of hanging onto their majority in a year when Republicans have the edge.

GOP Agrees to Pay Up to $1.6 Million of Trump’s Legal Bills in N.Y. Probes
MSN – David Fahrenthold and Josh Dawsey (Washington Post) | Published: 12/16/2021

The Republican Party agreed to pay up to $1.6 million in legal bills for former President Trump to help him fight investigations into his business practices in New York. Paying Trump’s legal bills is a highly unusual move, longtime party observers and members say, because the spending has nothing to do with promoting the GOP’s policy agenda or political priorities, dealing with ongoing party business or campaigning – and relates to investigations that are not about Trump’s time as president or his work in the White House.

House Jan. 6 Committee Requests Information from and Meeting with GOP Rep. Jim Jordan About His Contact with Trump
MSN – Felicia Sonmez and Eugene Scott (Washington Post) | Published: 12/22/2021

The House committee investigating the January 6 attack on the Capitol by a pro-Trump mob is seeking information from U.S. Rep. Jim Jordan, one of former President Trump’s staunchest allies on Capitol Hill. Jordan has previously said he cannot recall how many times he spoke with Trump on January 6 but that they spoke at least once. In addition, a federal judge denied a motion by Michael Flynn, Trump’s former national security adviser, for a temporary restraining order against the select committee over subpoenas it has issued against him.

Judge Rejects Fox News Request to Dismiss Dominion Voting’s Defamation Lawsuit Over Election Claims
MSN – Timothy Bella (Washington Post) | Published: 12/17/2021

A judge rejected a request from Fox News to dismiss a $1.6 billion defamation lawsuit from Dominion Voting Systems over baseless claims made against the company during the 2020 presidential election, allowing the suit to move forward. Superior Court Judge Eric Davis said it was “reasonably conceivable” for the voting-machine company to have a defamation claim. Dominion claims some of its highest-profile on-air talent helped elevate false charges that the company had changed votes to favor Joe Biden over then-President Trump.

Lead Capitol Riot Charge Is Constitutional, Judges Find
MSN – Rachel Weiner (Washington Post) | Published: 12/20/2021

Three federal judges agreed that the most serious charge faced by those accused of participation in the January 6 riot at the U.S. Capitol, obstruction, is constitutional, a victory for the Justice Department and a blow to the defendants fighting those accusations. Without that felony charge, prosecutors would be left with only minor charges against many they view as playing a major role in the riot. The Justice Department has avoided charges of sedition, a rarely used law, and not all those accused of acting as key instigators were seen assaulting police officers.

Meadows Contempt Vote Poses Thorny Questions for DOJ
MSN – Rebecca Beitsch and Harper Neidig (The Hill) | Published: 12/20/2021

The House vote to hold Mark Meadows in contempt has presented the Department of Justice with the question of whether to prosecute the former White House chief of staff, forcing it to weigh the major legal and political consequences that could come with breaking from longstanding executive branch policy. The department’s stance has been to support testimonial immunity for the president’s close advisers when faced with congressional subpoenas. Charging Meadows with contempt would represent a departure from that historical trend and poses more complicated considerations for the department than its decision to prosecute Steve Bannon.

Proud Boy Pleads Guilty to Felony Charge in Capitol Riot
MSN – Rachel Weiner (Washington Post) | Published: 12/22/2021

A New York man who was a member of the Proud Boys pleaded guilty to obstructing Congress and conspiring to obstruct law enforcement during the January 6 riot. The plea to the felony charge is significant because Matthew Greene admitted coordinating with other New York-based members of the extremist group at the front of the Capitol mob, although there is no evidence that he entered the building. Greene is the first self-admitted member of the Proud Boys to plead guilty in a felony conspiracy case stemming from the riot.

Rep. Scott Perry Calls Jan. 6 Panel ‘Illegitimate,’ Refuses to Cooperate
MSN – Chris Marquette (Roll Call) | Published: 12/21/2021

U.S. Rep. Scott Perry Rep. said he would not cooperate with the January 6 select committee’s investigation, a move that forces the panel to grapple with how it will extract information it seeks from a sitting member of Congress. The panel said it was interested in the role Perry played in an unsuccessful attempt to install Jeffrey Clark as acting attorney general. Clark, a former assistant attorney general for environment and natural resources, met with Trump and other White House officials to consider ways the election results could be overturned.

Senate GOP Feels Another Trump Effect: The rise of celeb candidates
Yahoo News – Marianne Levine and Sarah Ferris (Politico) | Published: 12/23/2021

The most reliable springboard to the U.S. Senate used to be House experience – before Donald Trump vaulted from reality television to the White House. Some Republicans see his path as a blueprint for winning back the Senate. This campaign cycle, the GOP is coalescing around former football star Herschel Walker in Georgia and signaling an openness to surgeon and TV host Mehmet Oz in Pennsylvania. Many in the GOP are welcoming the development.

You Can Draw Your Own Congressional District
Politico – Ally Mutnick | Published: 12/22/2021

In a quirk of the decennial redistricting season, state legislators, who are in charge of drawing new maps, can draw a district for themselves or for their friends. The process is already inherently self-interested as lawmakers routinely draw maps for the benefit of their party, but in some cases, these politicians are working in their literal self-interest. Such moves can spur accusations of foul play from political rivals, and do not always work out as expected. And with more scrutiny than ever on the process, these acts are possibly becoming harder to pull off.

From the States and Municipalities

California – Ex-S.F. Public Works Director Nuru Pleads Guilty to Federal Fraud Charge
MSN – Michael Cabanatuan (Sam Francisco Chronicle) | Published: 12/17/2021

Mohammed Nuru, San Francisco’s former public works director whose tenure was ended by a federal corruption probe that snowballed into numerous prosecutions against city officials and contractors, pleaded guilty to honest services wire fraud. In the plea agreement, Nuru admitted to an extensive list of instances in which he accepted money, international trips, expensive jewelry and wine, and other goods and services from city contractors and developers in exchange for preferential treatment and confidential information about city business.

California – LA Commissioner Lobbied CAO to Support His Company’s $3 Million COVID-19 Testing Contract
Los Angeles Daily News – Scott Schwebke | Published: 12/16/2021

An embattled Los Angeles fire and police pensions commissioner who rejected allegations he improperly lobbied city officials to approve a $3 million COVID-19 testing contract for his company pitched his proposal directly to City Administrative Officer Matt Szabo, who signed off on the no-bid contract in September. Dr. Pedram Salimpour maintained he was not engaged in the review or vetting process for the testing contract awarded to PPS Health, which does business as Bluestone Safe. But more than a dozen emails obtained by the Southern California News Group paint a different picture of Salimpour’s efforts to win the contract for Bluestone.

Colorado – Hawaiian Fundraiser Prompts Campaign Finance Complaint against Attorney General
Colorado Public Radio – Bente Birkeland | Published: 12/22/2021

A complaint alleging Colorado Attorney General Phil Weiser broke the state’s campaign finance laws will move forward, after the secretary of state’s office deemed it to be non-frivolous and said the allegations show one or more potential violations. The complaint argues Weiser failed to properly document a fundraiser he attended in Hawaii at the Waldorf Astoria Grand Wailea Maui Resort.

Colorado – Unite for Colorado Bankrolled Almost Every Major GOP Effort Last Year
ReInvestment News – Sandra Fish and Jesse Paul (Colorado Sun) | Published: 12/22/2021

A conservative political nonprofit that does not disclose its donors funded almost every major Republican political group and effort in Colorado last year, according to a tax document that for the first time reveals the breadth of the organization’s influence. The document also now ties Unite for Colorado to some of the state’s most well-known and active conservative political consultants and operatives. The Colorado Secretary of State’s Office recently fined Unite for Colorado $40,000 and ordered it to disclose its 2020 donors after it spent $4 million to support or oppose three statewide ballot initiatives.

Florida – Documents Show FPL Wrote Bill to Slow Rooftop Solar’s Growth by Hampering Net Metering
MSN – Mary Ellen Klas and Mario Ariza (Miami Herald) | Published: 12/20/2021

Rooftop solar power generation in Florida is still a nascent industry, but Florida Power & Light (FPL), the nation’s largest power company, is pushing to hamstring it by writing and hand-delivering legislation the company asked state lawmakers to introduce. FPL, whose work with “dark-money” political committees helped to secure Republican control of the state Senate in the 2020 elections, asked Sen. Jennifer Bradley to sponsor its top-priority bill: legislation that would hobble rooftop solar by preventing homeowners and businesses from offsetting their costs by selling excess power back to the company, an arrangement known as net metering.

Florida – Two Education Department Leaders Resign After Investigation, Conflict of Interest
Florida Politics – Jason Delgado | Published: 12/22/2021

Two Florida Department of Education employees resigned in November after an investigation unearthed a plan to pursue a state contract for a company they managed. Vice Chancellor of Strategic Improvement Melissa Ramsey and State Board Member Richard Tuck sent a proposal to the Education Department after it asked 25 vendors for quotes on a bid to take over operations at Jefferson County Schools. Ramsey and Tuck applied to the request under the banner of Strategic Initiative Partners, though not among the 25 vendors solicited by the department.

Illinois – ComEd Offers $21 Million Refund to Customers to Confront ICC Probes into Bribery Scheme. Watchdog Calls It ‘Chump Change.’
MSN – Ray Long (Chicago Tribune) | Published: 12/17/2021

Commonwealth Edison (ComEd) is proposing a one-time $21 million refund to ratepayers for lobbying misconduct associated with its efforts to influence former Illinois House Speaker Michael Madigan and advance its Springfield agenda. The amount of the refunds is mostly tied to pay and benefits received by former ComEd executives whose misconduct was outlined in the deal struck with federal prosecutors last year in which the utility agreed to pay a $200 million fine. Watchdog Abe Scarr called the proposed refund “chump change” for a company that is soon expected to collect $1 billion a year in profits and may not offer the credit until 2023.

Illinois – Cook County Ethics Ordinance Slated for Biggest Overhaul in 15 Years, but Some Experts Want More
MSN – Alice Yin (Chicago Tribune) | Published: 12/15/2021

Cook County supervisors approved changes to its ethics ordinance that some experts on best practices say falls short on eradicating “pay-to-play” politics. The bill would make strides in tightening up rules on sexual harassment and nepotism as well as bolstering powers of the body that enforces the code. But it would double the cap on political contributions from those who do business with the county. Ethics experts also raised concerns over how a two-year delay in passing a new ordinance allowed Springfield to preempt the county from enacting stricter rules, particularly around lobbying.

Kentucky – A Handful of Companies Dominate Road Work in Kentucky. The State Looks the Other Way.
Kentucky Center for Investigative Reporting – Jacob Ryan and Jared Bennett | Published: 12/21/2021

Kentucky officials awarded nearly 2,300 road work contracts between 2018 and 2021. The transportation cabinet is exempt from following the state’s procurement code, instead following a bidding system experts say allows a few large companies to avoid competition for jobs. As a result, more than $2 billion in current work is controlled by a dozen companies, who often are the sole bidder on the contracts they are awarded. More than half of the 782 single-bid contracts were awarded for a price above the state estimate, whereas 85 percent of multiple-bid contracts were below state estimates.

Maryland – Baltimore County Council Greenlights Fair Election Fund with Spending Caps
Yahoo News – Taylor DeVille (Baltimore Sun) | Published: 12/20/2021

Candidates for local office in Baltimore County will now have a new financing tool at their disposal after the county council passed an amended bill authorizing a public financing program. The council amended the bill to impose caps on how much candidates using the fund may spend and to revise requirements for qualifying candidates. The legislation would require candidates for council and county executive to meet different eligibility qualifications and seeks to encourage candidates to ask more donors to give smaller amounts of money.

Maryland – Maryland’s New Congressional Map Draws First Legal Challenge
Yahoo News – Pamela Wood (Baltimore Sun) | Published: 12/22/2021

Maryland’s new map of congressional districts is facing its first legal challenge, a lawsuit brought by a dozen Republicans, including two who are hoping to be elected to Congress. In the lawsuit, they argue the new districts meander around the state in ways that divide communities to give Democrats an advantage at the ballot box. They are asking the state courts to throw out the new map and substitute a map drawn by a commission appointed by Gov. Larry Hogan, at least temporarily until the General Assembly can adopt a better map.

Michigan – FBI Arrests Retired Detroit Cop Amid Corruption Crackdown
Detroit News – Robert Snell | Published: 12/16/2021

FBI agents arrested a former Detroit Police detective in connection with a bribery, extortion, and fraud investigation targeting Detroit City Hall, law enforcement, and municipal towing operations. The arrest of Mike Pacteles marks the latest expansion of “Operation Northern Hook,” a broader FBI investigation of public corruption within Detroit city government. The investigation and prosecution  led to criminal charges against four Detroit police personnel and former city Councilperson André Spivey, who pleaded guilty to bribery charges.

Michigan – Whitmer Campaign Complaints on Plane Flights, Fundraising Dismissed
Detroit News – Beth LeBlanc | Published: 12/21/2021

Gov. Gretchen Whitmer did not violate campaign finance laws when she accepted contributions above the state fundraising limit because she was facing recall efforts, Michigan Secretary of State Jocelyn Benson’s office said. But the Michigan Bureau of Elections said it would welcome a request to revisit and potentially revise the policy. Benson’s office also ruled Whitmer’s use of campaign funds to charter a private flight to visit her father in Florida this spring was not a campaign finance violation because it was for her physical safety.

Missouri – Free Speech Violation? Ex-Missouri Rep Sues Because He’s Banned from Being a Lobbyist
MSN – Jeanne Kuang (Kansas City Star) | Published: 12/17/2021

A former lawmaker is suing the Missouri Ethics Commission over the state’s two-year ban on lawmakers becoming lobbyists, arguing the law prohibits his freedom of speech and requesting it be blocked. Former Rep. Rocky Miller alleges his inability to register as a lobbyist to serve a prospective client was denying him income. He also argues that because the two-year restriction “bans (him) from saying certain things, backed by the threat of criminal prosecution,” it is unconstitutional.

New York – Attorney General Cites Problems with Ethics Panel’s Order to Cuomo
Albany Times Union – Brendan Lyons | Published: 12/16/2021

The state attorney general’s office sent a letter to the Joint Commission on Public Ethics (JCOPE) contending the panel did not issue a valid order when it voted to have former Gov. Andrew Cuomo surrender the $5.1million he was paid to write a book last year about his administration’s early handling of the coronavirus pandemic. JCOPE had directed the governor to turn over the proceeds of his publishing deal to the attorney general’s office, which the panel said could then redistribute the funds according to law, including potentially returning the money to the publisher.

New York – Hochul Ready to Rev Up Ethics Overhaul to Clean Up After Cuomo, Senate Ally Says
The City – Josepha Velasquez | Published: 12/15/2021

State Sen. Liz Krueger said she has been working with New York Gov. Kathy Hochul’s office to revamp the Joint Commission on Public Ethics (JCOPE), an effort she expects the governor to announce in her annual State of the State address. Krueger is the sponsor of a bill that would replace the largely governor controlled JCOPE with a more independent government integrity commission that would have the power to initiate investigations and even remove non-elected officials from their jobs. Hochul has not yet hinted at her gameplan, which could include measures short of a total teardown.

New York – Lobbyists Helped Hochul Raise $10M. What Are They Getting Back?
Albany Times Union – Chris Bragg | Published: 12/23/2021

After becoming governor of New York in late August, Kathy Hochul has raised campaign money at among the fastest clips in state history – $10 million in three months. When major lobbying firms have sought to have fundraisers, the governor’s campaign has requested they commit to raise $250,000 for events where Hochul appears in person. The lobbying firms raise the money from their clients, who then attend the events. They are often exclusive to the lobbying firm and those clients, who gain a few minutes interacting with the governor.

North Carolina – Appeals Court: Rev. Barber removed from General Assembly in 2017 for his volume, not words
WRAL – Staff | Published: 12/21/2021

Former state NAACP leader Rev. William Barber’s defense that he used free speech during a 2017 protest at the Legislative Building is not relevant to his conviction for second-degree trespassing, and the verdict will stand, according to the court of appeals for North Carolina. Barber and others were charged with second-degree trespassing for refusing to leave the Legislative Building after they were told to go by General Assembly Police. Barber defended himself, saying the constitution says citizens have a right to assemble and instruct their lawmakers. But the appeals court ruled the case was not about free speech.

North Dakota – Environmental Group Calls Out Conflicts of Interest on North Dakota Energy Board as $160M Funding Approved
Fargo Forum – Adam Willis | Published: 12/20/2021

An environmental group is calling out a new arm of the North Dakota government for allegedly mismanaging its conflicts-of-interest when it convened to recommend more than $160 million in state funds for fossil fuel-sector grants and loans. The Dakota Resource Council raised concerns about the handling of conflicts on the Clean Sustainable Energy Authority in a letter sent to the state Ethics Commission and Gov. Doug Burgum, in which the organization asked for more stringent rules regulating such conflicts in the future.

Ohio – Cuyahoga County’s Consultant in Search for New Jail Is Also Listing Agent for Preferred Site
MSN – Kaitlin Durban (Cleveland Plain Dealer) | Published: 12/20/2021

Cuyahoga County’s real estate consulting firm, tapped to identify locations for the site of its new jail, is also the listing agent for one of the final properties under consideration. The relationship raises concerns about conflicts-of-interest in a multimillion-dollar project that members of a committee meant to oversee the process worry is now devolving into “chaos” and unilateral decisions that could undermine their work.

Ohio – Ex-Ohio Legislative Candidate Fined $50,000 for Failing to Report Campaign-Finance Expenses
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 12/16/2021

The Ohio Elections Commission fined an ex-legislative candidate $50,000 for failing to report more than $290,000 in campaign-related expenses. Allen Freeman, a township trustee from Clermont County, tried to get the case dismissed after he liquidated his account, arguing that because the committee had been dissolved, it could not be found liable. But the commission found Freeman misstated his campaign finances by reporting spending just $14,000 on his failed 2020 campaign for state representative, even though public records show his campaign bought roughly $118,000 in television ads.

Ohio – Ohio Job and Family Services Employee Cut Off Relative’s Unemployment Benefits After Fight
MSN – Jessie Balmert (Columbus Dispatch) | Published: 12/16/2021

A Department of Job and Family Services employee cut off her relative’s unemployment benefits following a fight, according to an Ohio Inspector General’s report. Customer service representative Quenise Barnes improperly accessed a relative’s pandemic unemployment assistance 10 times in May and eventually cut off that person’s benefits. The relative reported a fight had occurred with Barnes on May 7 and she subsequently turned off the person’s benefits, citing “fraud.”

Oklahoma – The Jump from Political Staffer to Lobbyist Isn’t a Far One, at Least in Oklahoma
Yahoo News – Ben Felder (Oklahoman) | Published: 12/19/2021

It is not uncommon for elected officials in Oklahoma to become paid lobbyists once they leave office and there is no state law that prevents it. But there is also no ban on former state employees from becoming lobbyists, which is another pathway for public officials to take their knowledge to the private sector. The state Ethics Commission voted twice in recent years to establish “cooling off” laws that would ban public officials from moving straight into a lobbying job. But each time those rules were voted down by the state Legislature.

Oregon – Competing Measures Could Muddy Oregon’s Campaign Finance Debate
OPB – Dirk VanderHart | Published: 12/20/2021

After they came to an impasse over how Oregon should crack down on money in politics, left-leaning organizations are signaling they might just fight it out at the ballot box. Two groups that are often aligned filed dueling ballot measure proposals for how to place limits on the state’s permissive campaign finance laws. Six separate ideas for cracking down on political giving in the state have now been floated for the November 2022 ballot. Many, if not most, will die before they reach voters, but even two competing measures next year could create confusion that advocates have been hoping to avoid.

Oregon – How Much Did Interest Groups Shape Oregon’s New Legislative Districts? Here’s Why It’s Tough to Say
MSN – Hillary Borrud (Portland Oregonian) | Published: 12/16/2021

Lobbyists for unions and at least one industry-affiliated group used sophisticated data analysis to calculate how proposed legislative districts in Oregon would impact Democrats’ and Republicans’ chances in future elections and shared that information with lawmakers. Other outside groups did the same, according to testimony in a redistricting lawsuit, and practically none of that is required to be disclosed to the public. The lack of transparency around the forces at play in shaping how Oregonians’ votes will count during the next decade is a result of both how the state handles redistricting, and the state’s limited lobbying disclosure requirements.

Pennsylvania – ‘Glaring Giant Loophole:’ Philly Council members have to report who pays them, but not their spouses
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 12/23/2021

Unlike lawmakers in other cities and states, as well as members of Mayor Jim Kenney’s administration, Philadelphia City Council members are not required to disclose their spouses’ sources of income. The issue of paying members’ spouses is expected to be central in the corruption trial of Councilperson Kenyatta Johnson. Prosecutors have accused him of accepting a bribe in the form of charter school consulting work for his wife in exchange for helping a group in his district secure a zoning change. The potential for Johnson to take official action to secure work for his wife also surfaced in the corruption trial this fall of Councilperson Bobby Henon.

South Carolina – Former Richland County Recreation Director Facing Ethics Charges Over Raises, Promotions
Charleston Post and Courier – Stephen Fastenau | Published: 12/16/2021

South Carolina’s Ethics Commission will decide whether a former Richland County recreation chief broke the law by signing off on family members’ raises and promotions. A hearing on the ethics charges was held after James Brown III was cleared of criminal charges related to his tenure. Brown, the head of the Richland County Recreation Commission until his resignation in 2016 amid allegations of nepotism and sexual harassment, faces six counts of violating state ethics laws meant to ensure public officials do not use their position for personal gain.

Texas – Former Houston Schools Trustee Kept a ‘Bribe Ledger’ Listing $20,000 in Illegal Payoffs, Feds Say
Houston Public Media – Paul DeBenedetto | Published: 12/17/2021

A former Houston Independent School District trustee and board president agreed to cooperate with the federal government for her role in an alleged scheme in which prosecutors say she kept a “bribe ledger” to keep track of $20,000 in payments from a contractor, part of an investigation that also led to the indictment of the district’s former chief operating officer. Rhonda Skillern-Jones used her role at the district to push for the hiring of a landscaping contractor who was later at the center of an alleged illegal kickback scheme.

Washington – Tim Eyman in Default, Assets to Be Sold to Satisfy $5.4 Million Debt
Seattle Times – David Gutman | Published: 12/23/2021

Tim Eyman, the serial initiative filer and conservative provocateur who owes the state of Washington more than $5 million after years of “particularly egregious” campaign finance violations, is in default and staring at the court-ordered sale of his assets. Eyman is under a court-ordered plan requiring him to make monthly $10,000 payments to pay down his fine and other fees. He has missed his last four monthly payments. A judge ordered his bankruptcy case shifted to Chapter 7, which means the court appoints a trustee who will be responsible for selling Eyman’s assets and distributing the proceeds to his debtors.

Wisconsin – ‘A Real Conflagration’: Wisconsin emerges as front line in war over the 2020 vote
MSN – Rosalind Helderman and Josh Dawsey (Washington Post) | Published: 12/16/2021

A legislative-backed investigation into the 2020 election results in Wisconsin headed by a former state Supreme Court justice has picked up steam in recent weeks. The inquiry makes little pretense of neutrality and is being led by figures who have shown allegiance to Donald Trump or embraced false claims of fraud. In a state that is likely to see some of the nation’s most competitive races in 2022 for governor and U.S. Senate, there are now multiple efforts underway to scrutinize how the last election was run, including a recommendation by a county sheriff to prosecute and jail state election officials.

Campaign Finance

Colorado: “Unite for Colorado Bankrolled Almost Every Major GOP Effort Last Year” by Sandra Fish and Jesse Paul (Colorado Sun) for ReInvestment News

Michigan: “Whitmer Campaign Complaints on Plane Flights, Fundraising Dismissed” by Beth LeBlanc for Detroit News

Elections

National: “A Retired Colonel’s Unlikely Role in Pushing Baseless Election Claims” by Alan Feuer (New York Times) for MSN

National: “Democratic Push on Voting Rights Becomes More Urgent as Midterms Approach” by Theodoric Meyer (Washington Post) for MSN

Ethics

North Carolina: “Appeals Court: Rev. Barber removed from General Assembly in 2017 for his volume, not words” by Staff for WRAL

North Dakota: “Environmental Group Calls Out Conflicts of Interest on North Dakota Energy Board as $160M Funding Approved” by Adam Willis for Fargo Forum

Texas: “Former Houston Schools Trustee Kept a ‘Bribe Ledger’ Listing $20,000 in Illegal Payoffs, Feds Say” by Paul DeBenedetto for Houston Public Media

Redistricting

National: “You Can Draw Your Own Congressional District” by Ally Mutnick for Politico

Campaign Finance

Maryland: “Baltimore County Council Greenlights Fair Election Fund with Spending Caps” by Taylor DeVille (Baltimore Sun) for Yahoo News

Oregon: “Competing Measures Could Muddy Oregon’s Campaign Finance Debate” by Dirk VanderHart for OPB

Ethics

National: “Lead Capitol Riot Charge Is Constitutional, Judges Find” by Rachel Weiner (Washington Post) for MSN

National: “Rep. Scott Perry Calls Jan. 6 Panel ‘Illegitimate,’ Refuses to Cooperate” by Chris Marquette (Roll Call) for MSN

New York: “Hochul Ready to Rev Up Ethics Overhaul to Clean Up After Cuomo, Senate Ally Says” by Josepha Velasquez for The City

Ohio: “Cuyahoga County’s Consultant in Search for New Jail Is Also Listing Agent for Preferred Site” by Kaitlin Durban (Cleveland Plain Dealer) for MSN

Lobbying

Illinois: “ComEd Offers $21 Million Refund to Customers to Confront ICC Probes into Bribery Scheme. Watchdog Calls It ‘Chump Change.’” by Ray Long (Chicago Tribune) for MSN

Procurement

Kentucky: “A Handful of Companies Dominate Road Work in Kentucky. The State Looks the Other Way.” by Jacob Ryan and Jared Bennett for Kentucky Center for Investigative Reporting

Campaign Finance

National: “GOP Agrees to Pay Up to $1.6 Million of Trump’s Legal Bills in N.Y. Probes” by David Fahrenthold and Josh Dawsey (Washington Post) for MSN

Ohio: “Ex-Ohio Legislative Candidate Fined $50,000 for Failing to Report Campaign-Finance Expenses” by Andrew Tobias (Cleveland Plain Dealer) for MSN

Elections

National: “Judge Rejects Fox News Request to Dismiss Dominion Voting’s Defamation Lawsuit Over Election Claims” by Timothy Bella (Washington Post) for MSN

Wisconsin: “‘A Real Conflagration’: Wisconsin emerges as front line in war over the 2020 vote” by Rosalind Helderman and Josh Dawsey (Washington Post) for MSN

Ethics

California: “LA Commissioner Lobbied CAO to Support His Company’s $3 Million COVID-19 Testing Contract” by Scott Schwebke for Los Angeles Daily News

Michigan: “FBI Arrests Retired Detroit Cop Amid Corruption Crackdown” by Robert Snell for Detroit News

New York: “Attorney General Cites Problems with Ethics Panel’s Order to Cuomo” by Brendan Lyons for Albany Times Union

Lobbying

Missouri: “Former Missouri Lawmaker Goes to Court to Overturn Ban on Lobbying” by Kurt Erickson for St. Louis Post-Dispatch

Redistricting

Oregon: “How Much Did Interest Groups Shape Oregon’s New Legislative Districts? Here’s Why It’s Tough to Say” by Hillary Borrud (Portland Oregonian) for MSN

National/Federal

A New Lawsuit Accuses the FEC of Failing to Investigate Russia’s ‘Coordination’ with the 2016 Trump Campaign
Yahoo News – C. Ryan Barber (Business Insider) | Published: 12/8/2021

A pair of advocacy groups sued the FEC, alleging the agency has failed to act on a complaint against the Russian government and the 2016 Trump presidential campaign alleging violations of campaign finance law. They argue the FEC’s delay has potentially deprived the American public of information that was not revealed during Robert Mueller’s investigation into Russian interference. They noted Mueller’s work and separate congressional investigations but said those inquiries, “pursuing different angles for different purposes and with different mandates, have not focused on bringing transparency to campaign financing – the FEC’s mandate.”

Agency Overseeing Trump’s D.C. Hotel Lease Failed to Examine Ethical, Constitutional Conflicts, Report Says
NBC News – Rebecca Shabad | Published: 12/15/2021

The federal agency managing the government’s lease of the Trump International Hotel in Washington, D.C. failed to examine ethical conflicts and constitutional issues posed by then-President Trump’s refusal to divest from the property. The House Committee on Transportation and Infrastructure’s report found the General Services Administration did not track foreign government payments to the hotel or identify the origins of more than $75 million in loans made by Trump and his family to shore up its troubled finances.

Big Law Firms Promised to Punish Republicans Who Voted to Overthrow Democracy. Now They’re Donating to Their Campaigns
Yahoo News – Andy Kroll (Rolling Stone) | Published: 12/9/2021

In the aftermath of the January 6 insurrection, some of the country’s biggest law firms joined blue-chip corporations and other industry trade groups by halting all political donations and rethinking their giving strategy. But major law firms in Washington have resumed donations to those Republicans whose support for election-fraud theories and refusal to certify posed a threat to democracy. The law firms donated through their in-house PACs, which allow the firm to donate to a candidate’s campaign, a party-wide political committee, or a leadership committee that politicians use to raise money they can later spend to help reelect their allies.

Congress and Top Capitol Hill Staff Have Violated the STOCK Act Hundreds of Times. But the Consequences Are Minimal, Inconsistent, and Not Recorded Publicly.
MSN – Camila DeChalus, Kimberly Leonard, and Dave Levinthal (Business Insider) | Published: 12/15/2021

Congress has an inconsistent method for collecting fines from members and top staff who break a law designed to stop insider trading and conflicts-of-interest. Business Insider’s investigation of financial disclosures found 49 members of Congress and at least 182 of the highest-paid Capitol Hill staffers were late in filing their stock trades during 2020 and 2021. The lack of transparency makes it impossible to independently determine whether STOCK Act lawbreakers truly face consequences, and if so, to what degree. It is a situation that ethics experts say leaves the public in the dark, lets Congress off the hook, and renders the law toothless.

Democrats Introduce Bill to End Political Spending by Foreign-Owned Corporations
MSN – Karl Evers-Hillstrom (The Hill) | Published: 12/14/2021

House Democrats reintroduced a bill that would block foreign-owned corporations from spending company funds to influence U.S. elections. The bill would extend the federal ban on political donations from foreign nationals to multinational companies that are at least partially owned by foreign nationals. Following the U.S. Supreme Court’s Citizens United decision that allowed corporations to spend unlimited sums to influence elections, some American subsidiaries of foreign-owned companies have made large donations to super PACs.

House ‘Democracy’ Bill Would Cap Executive Power, Expand Disclosure
MSN – Kate Ackley (Roll Call) | Published: 12/9/2021

Seeking to avoid a repeat of the scandal-plagued Trump presidency, House Democrats approved a bill almost entirely along party lines that would put new limits on executive branch power and subject presidential candidates to more disclosure. The Protecting Our Democracy Act would require presidents, vice presidents, and anyone running for those offices from a major political party to disclose their tax returns. It also would toughen the fines for executive branch officials who violate the Hatch Act, which prohibits nearly all such employees from engaging in campaign activities in their official capacity, among other provisions.

House Votes to Hold Meadows in Contempt for Refusing to Comply with Jan. 6 Committee Subpoena
MSN – Mariana Alfaro and Jacqueline Alemany (Washington Post) | Published: 12/14/2021

The House voted to hold former White House chief of staff Mark Meadows in criminal contempt of Congress for defying a subpoena issued by the bipartisan committee investigating the deadly January 6 attack on the U.S. Capitol by a pro-Trump mob.  The resolution was approved with just two Republicans, Reps. Liz Cheney and Adam Kinzinger, joining Democrats in voting “yes.” The matter now goes to the Justice Department, which will decide whether to pursue the contempt referral. Contempt of Congress is a misdemeanor criminal offense that can result in up to one year in prison and a fine of up to $100,000.

Luxembourg Adopts Watered-Down Lobby Register
Luxembourg Times – John Monaghan | Published: 12/13/2021

Luxembourg adopted a register which will show which lobbyists have been meeting parliamentarians after years of discussion and pressure from the European Commission to act, although the bill contains several exemptions and no apparent system of checks. The legislation requires anyone wishing to meet a deputy to register their intention to do so, regardless of the location of the meeting. Responsibility for registration falls to the lobbyist, not the deputy.

Manchin Cites a Blind Trust to Justify Climate Votes. But Much Income from His Family’s Coal Company Isn’t
MSN – Michael Kranish and Anna Phillips (Washington Post) | Published: 12/13/2021

In U.S. Sen. Joe Manchin’s West Virginia home county, his family’s business has made millions of dollars by taking waste coal from long-abandoned mines and selling it to a power plant that emits air pollution at a higher rate than any other plant in the state. That enterprise could have taken a hit under a key part of President Biden’s climate agenda. But Manchin played a central role in killing that proposal. Contrary to his public statements, documents filed by the senator show his blind trust is too small to account for all his reported earnings from the coal company, as of his latest financial disclosure report.

Members of Congress Play Campaign Pundit All the Time. But Are They Any Good at It?
MSN – Jim Saska (Roll Call) | Published: 12/16/2021

A fundamental question in American politics is how a candidate can convince some of their neighbors and a lot of strangers to vote for them. Roll Call asked members of Congress who had eked out a narrow win or flipped a seat what the factors were that led to their victories. Several trend lines emerged. In an era where seemingly everything is viewed through partisan lenses, party affiliation did not seem to influence anyone’s responses. Most focused on convincing voters they were all on the same side.

Now in Your Inbox: Political misinformation
Yahoo News – Maggie Astor (New York Times) | Published: 12/13/2021

Lawmakers’ statements on social media and cable news are now routinely fact checked. But email – one of the most powerful communication tools available to politicians, reaching up to hundreds of thousands of people – teems with unfounded claims and largely escapes notice. Politicians have always exaggerated and dissemble, including in their email dispatches. But the volume, the baldness, and the reach of the false claims have increased. Both parties delivered heaps of hyperbole in their emails, but Republicans included misinformation in about 15 percent of their messages, compared with about two percent for Democrats.

Redistricting Is Drying Up Competitive Congressional Races
MSN – Michael Macagnone (Roll Call) | Published: 12/15/2021

Advancements in data science and long-term shifts in how Americans vote are making swing districts increasingly rare. State Legislatures and commissions control the redistricting process for most of the country. So far, 20 states have finished redrawing their congressional maps, which have produced only a handful of competitive U.S. House seats. Political parties burned by recent wave elections may have gotten skittish about drawing risky seats. Ken Kollman, a political science professor at the University of Michigan, said a House map with many competitive seats would mean a party could win a few from the other side, or totally wipe out.

Text Messages to Meadows Renew Focus on Trump’s Inaction During Jan. 6 Attack
MSN – Amy Wang (Washington Post) | Published: 12/14/2021

Newly released text messages that were sent on January 6 to Mark Meadows, a former chief of staff in the Trump White House, have put a renewed focus on President Trump’s failure to act quickly to stop the insurrection at the U.S. Capitol as it was unfolding, despite real-time pleas from lawmakers, journalists, and even his eldest son. At least half a dozen people reached out during the riot to Meadows to ask – in some cases, beg – Trump to intervene.

The Judges Drawing America’s Political Maps
Yahoo News – Ally Mutnik (Politico) | Published: 12/13/2021

Between reforms aimed at reducing politics in redistricting, dysfunction in states where both parties have some control and the reduced role of the federal judiciary in policing gerrymandering, state Supreme Courts are playing a greater role than ever as mapmakers or traffic cops that could swing the fortunes of some 120 congressional seats in next year’s midterms. Across the country, these courts are poised to be outsized political players. While some of these judges campaign for their position, many of them are appointed, meaning the decisions come from the hands of unelected arbiters.

Trump Tax Records Can Be Released by Treasury Department to House, Judge Rules
MSN – Spencer Hsu (Washington Post) | Published: 12/14/2021

A federal judge rejected former President Trump’s long-running effort to block the Treasury Department from turning over his tax records to the House Ways and Means Committee but put the ruling on hold pending an expected appeal. U.S. District Court Judge Trevor McFadden, a former Trump Justice Department official appointed to the court in 2017, said even if the former president’s attorneys were correct that House Democrats wanted his records only to expose them for political gain, they were “wrong on the law.”

Trump White House Records Can Be Released in Jan. 6 Probe Pending Supreme Court Review, Appeals Court Rules
MSN – Spencer Hsu and Ann Marimow (Washington Post) | Published: 12/9/2021

A federal appeals court rejected former President Trump’s bid to keep his White House documents secret from a congressional committee investigating the January 6 attack on the Capitol, setting up an emergency U.S. Supreme Court review. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit unanimously upheld a lower court’s opinion, which said in a dispute between a current and past president over whether to release White House records, the sitting president must prevail.

Canada

Canada – Judge Upholds Ontario Rules Limiting Third-Party Election Advertising Spending
Global News – Paola Loriggio (Canadian Press) | Published: 12/8/2021

An Ontario judge upheld the province’s restrictions on third-party election advertising, ruling the measures do not infringe on voters’ right to meaningfully participate in the election process. The Working Families Coalition challenged the rules on grounds that they infringe on the right to vote by limiting the ability of third parties to share information on matters of public policy for a year before an election. But Ontario Superior Court Justice Ed Morgan found the rules meet the legal requirement to allow for broad and egalitarian participation in the campaign.

From the States and Municipalities

California – City Employees Solicit Funds for Garcetti-Backed Charity. Ethics Experts Have Concerns
Yahoo News – Dakota Smith (Los Angeles Times) | Published: 12/15/2021

Employees in Eric Garcetti’s office play a key role in creating programs for the Mayor’s Fund for Los Angeles, a charity that pays for civic programs. They also seek funding during the course of their jobs and use their city emails – in some cases from companies that do business with the city. Such solicitations are allowed because they are made in support of a charity and not a political campaign. Some ethics experts, however, say the city needs to be more transparent about solicitations sought by city employees, or restrict them altogether.

California – Former DWP Chief Information Security Officer Agrees to Plead Guilty to Lying to Authorities
MSN – Dakota Smith (Los Angeles Times) | Published: 12/13/2021

A top executive who worked on security operations at the Los Angeles Department of Water and Power (DWP) agreed to plead guilty to one felony charge of making false statements. Former Chief Information Security Officer David Alexander lied to the FBI about a job offer that he “secretly solicited” in return for helping pass contract money to a lawyer, prosecutors said. Alexander used his role at Southern California Public Power Authority, a group of several utilities, including the DWP, to help give a $17-million contract focused on cybersecurity work to three companies.

Colorado – Major ‘Dark Money’ Nonprofit Ordered to Reveal Its Donors in Colorado
Colorado Public Radio – Andrew Kenny | Published: 12/9/2021

Unite for Colorado, a “dark money” group that spent $4 million on signature gathering and digital advertisements for statewide ballot measures in 2020 was ordered to pay a $40,000 fine and to divulge their donors. Critics argued Unite for Colorado crossed the line between nonprofits and political groups by spending so heavily – and was so closely involved in politics – that it should have registered as a political issue committee and reported more detail on its financial activities.

Colorado – Weiser’s Fundraiser in Hawaii Draws Complaint
Denver Gazette – Christopher Osher | Published: 12/9/2021

Following a fundraiser at an exclusive resort in Hawaii, Colorado Attorney General Phil Weiser is facing a complaint accusing him of violating the state’s campaign finance laws. Defend Colorado filed a formal complaint alleging the Democratic attorney general did not pay the full cost of his campaign’s use of the Grand Wailea Grand Dining Room at the Grand Wailea Maui. The group also accused him of using the event to cozy up to corporate lobbyists.

Florida – Nikki Fried Mired in Ethics Dispute Over Her Finances
MSN – Gary Fineout (Politico) | Published: 12/9/2021

Florida Agriculture Commissioner Nikki Fried, one of the leading Democratic nominees for governor, is coming under fire for her failure to promptly report how much lobbying money she made prior to taking office. The Florida Commission on Ethics voted unanimously that there is probable cause Fried, who was an attorney and lobbyist, violated state law by failing to properly disclose income from her lobbying business. Just days before she began her campaign for governor this year, she amended two separate financial disclosure forms, including one showing previously unreported earnings of $351,480.

Florida – The Coffee Shop at This Non-Profit Florida Hospital Pours Cash into Political Coffers
Miami Herald – Kirby Wilson | Published: 12/14/2021

For the past three years, the Starbucks at Tampa General Hospital’s main campus has been making large campaign contributions to a select group of Florida candidates. It does this even though Tampa General operates as a 501(c)(3) nonprofit. Federal law prohibits it from giving money to candidates. House of Coffee Tampa, which owns the coffee shops inside two Tampa General properties is a for-profit corporation. That means it can make campaign contributions.

Georgia – Georgia Appeals Judge Agrees to $25,000 Fine in Ethics Case
MSN – Associated Press | Published: 12/9/2021

A suspended Georgia Court of Appeals judge agreed to pay a $25,000 fine to settle ethics charges he spent campaign funds for personal use. The Government Transparency and Campaign Finance Commission voted to approve a consent decree with Judge Christian Coomer. A complaint accused Coomer, a former state House member, of transferring money from his old legislative campaign account to financially prop up his former law firm between 2015 and 2019. Commission staff said it was the largest fine ever against a Georgia judge in an ethics case.

Illinois – Illinois Moves to Prohibit ‘Dark Money’ in Judicial Races, but It’s Unclear What Effect That Will Have on State’s Free-Spending Campaigns
MSN – Dan Petrella (Chicago Tribune) | Published: 12/8/2021

With the balance of power on the Illinois Supreme Court at stake in next year’s election, Democrats who control Springfield took steps this fall aimed at curbing the influence of outside money in a state that holds the record for the nation’s most expensive judicial race. Gov. J.B. Pritzker signed a bill that bans judicial candidates from receiving campaign money from out-of-state contributors and groups that do not disclose their donors. One of the state’s leading campaign finance experts said the new law likely will do little to stem the tide of cash from powerful interests trying to influence who sits on the state’s highest court.

Kansas – Kansas AG’s Natural Gas Well Presents Possible Conflict of Interest as He Investigates Industry
Kansas Reflector – Alison Kite | Published: 12/14/2021

Kansas Attorney General Derek Schmidt has a financial interest in the sale of natural gas, prompting calls for him to disclose more information about his earnings as he investigates gas companies. Schmidt is investigating whether companies raised natural gas prices, which increased by as much as 200 times almost overnight in February, in violation of Kansas consumer protection law and will consider whether to pursue litigation. At the same time, Schmidt, who is running to unseat Democratic Gov. Laura Kelly, could be receiving thousands of dollars a year in income from his own natural gas well in the state.

Maryland – Maryland Gov. Hogan’s Campaign Pays Fine for Accepting Excess Donations
MSN – Pamela Wood (Baltimore Sun) | Published: 12/15/2021

Maryland Gov. Larry Hogan’s campaign paid a $2,500 fine for accepting political donations above the state’s limits. The campaign did not immediately provide a total number and dollar amount of the excess contributions, but it has been sending money back to donors and updating prior campaign finance reports for the last few years. Under Maryland law, donors may not give more than $6,000 to a candidate over each four-year election cycle.

New York – Cuomo Advisors Used Campaign Aide to Dig Up Dirt on an Accuser Who Was Running for Office, Records Show
CNBC – Brian Schwartz | Published: 12/9/2021

Former New York Gov. Andrew Cuomo’s closest advisors used a campaign aide to seek potentially damaging information on Lindsey Boylan, who has accused him of sexual harassment. Melissa DeRosa, who was the top aide to the governor, told investigators about the effort to find the information and potentially plant a negative story about Boylan during a probe into Cuomo’s alleged sexual harassment of former aides and associates. DeRosa told investigators she believed Boylan was working together with other prominent New York politicians to bring down Cuomo.

New York – De Blasio Violated Fundraising Ethics Rules Even After Warning – Yet Mayor Faced No Penalty
The City – Yoav Gonen | Published: 12/8/2021

New York City Mayor Bill de Blasio violated ethics rules twice by hitting up real estate industry players for donations to a nonprofit he created to boost pet projects, but he got away with just warning letters. The Conflicts of Interest Board cited de Blasio in 2014 for personally soliciting $150,000 in donations from people or entities with business before the city. He kept making similar fundraising calls, asking for contributions from James Capalino, a lobbyist who had helped his campaign for mayor. The board noted de Blasio also failed to provide a disclaimer to potential donors that their giving would not influence any decision making.

New York – Ethics Panel Demands Cuomo Repay $5M
Albany Times Union – Chris Bragg | Published: 12/14/2021

The Joint Commission on Public Ethics (JCOPE) will require former New York Gov. Andrew Cuomo to return the proceeds from his book about his response to the coronavirus pandemic. The order came after JCOPE voted to rescind the approval it had given Cuomo before he entered into the $5.1 million book deal. JCOPE staff approved the deal when his counsel told the commission that Cuomo agreed to not use any state personnel or resources to produce his book and he would write it “entirely on his own time.” But complaints surfaced that state property, resources, and personnel were used to prepare, write, edit, and publish the book.

New York – Trump Fraud Inquiry’s Focus: Did he mislead his own accountants?
Yahoo News – William Rashbaum, Ben Protess, and Jonah Bromwich (New York Times) | Published: 12/14/2021

As prosecutors in Manhattan weigh whether to charge Donald Trump with fraud, they have zeroed in on financial documents he used to obtain loans and boast about his wealth. The documents, compiled by Trump’s longtime accountants and known as annual statements of financial condition, could help answer a question at the heart of the long-running criminal investigation into the former president: did he inflate the value of his assets to defraud his lenders?

North Carolina – North Carolina Delays 2022 Primaries to Give Redistricting Challenges More Time
National Public Radio – Steve Harrison | Published: 12/8/2021

The North Carolina Supreme Court ordered that the state’s March 2022 primary be delayed until May 17 so it can settle two lawsuits challenging Republican-drawn maps for Congress and the state’s Legislature. The nonpartisan Princeton Gerrymandering Project has rated the recent North Carolina congressional map a grade of “F” for fairness, calling it one of the most gerrymandered maps in the nation, along with a Republican-drawn congressional map in Texas and a Democratic-drawn map in Illinois.

Pennsylvania – Councilmember Maria Quiñones-Sánchez Wants to Ban Lawmakers from Making More Than $25,000 from Side Jobs
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 12/15/2021

Philadelphia City Councilmember Maria Quiñones-Sánchez introduced legislation prohibiting city lawmakers from making more than $25,000 from side jobs and requiring them to disclose more information about outside employment. It would be the most significant ethics reform proposal since the convictions of council member Bobby Henon and former union leader John Dougherty on federal corruption charges.

Pennsylvania – DA Larry Krasner’s Campaign and Real Justice PAC Have Admitted to Breaking Philly’s Campaign Finance Law, Again
MSN – Sean Collins Welch (Philadelphia Inquirer) | Published: 12/9/2021

For the second time in as many elections, Philadelphia District Attorney Larry Krasner’s campaign and a political group that supports him have admitted to violating the city’s campaign finance law. The Krasner campaign agreed to pay $10,000 in penalties and admitted making misstatements and omissions in its campaign finance reports during the prosecutor’s successful reelection bid this year. The Real Justice PAC agreed to pay $30,000 in penalties after admitting to making omissions in its reports.

South Carolina – Orangeburg Coroner Marshall Gets $17K Fine After Neglecting Ethics Forms for Years
Charleston Post and Courier – Avery Wilks | Published: 12/15/2021

A chronic failure to file her required financial disclosures will cost Orangeburg County’s elected coroner $17,000. That is even after the State Ethics Commission reduced Samuetta Marshall’s original fine by $5,000 following her appeal for leniency. Marshall has a long history of failing to file reports detailing her campaign fundraising and spending, as well as forms disclosing her sources of income. She also ignored the Ethics Commission’s repeated efforts to reach her about those forms and the late-filing fees she was accumulating. She did not attend her ethics hearing to defend herself.

South Dakota – Ex-Official Says She Felt ‘Intimidated’ in Meeting with Kristi Noem That Led to Daughter’s Appraiser License
MSN – Hannah Knowles (Washington Post) | Published: 12/14/2021

A former state official testified she felt “intimidated” at a meeting last year with South Dakota Gov. Kristi Noem, and it resulted in an unusual third chance for the governor’s daughter to get her real estate appraiser license. Noem has claimed her daughter “went through the exact same process that others did in South Dakota to become an appraiser” and denied seeking “special treatment” for her. But the governor’s meeting last year with officials overseeing the state’s licensing process sparked allegations of nepotism and led state Attorney General Jason Ravnsborg to launch a review.

Tennessee – Tennessee Republican Leaders Agree to Drop Judges from Mandatory Candidate Fees for Now Amid Ethics Ruling
Yahoo – Andy Sher (Chattanooga Times Free Press) | Published: 12/15/2021

Tennessee Republican Party leaders have decided for now to drop judges and judicial candidates from a rule they adopted earlier this year that requires GOP candidates running for office to pay the party a fee to run in primary elections. The decision came as judges have worried for months over paying the fee because of an advisory opinion issued by the Administrative Office of the Court’s Judicial Ethics Committee. The panel wrote said one of the rules of judicial conduct “generally prohibits a judge from paying an assessment to a political organization.”

Texas – Dallas Approves New Office to Investigate City Corruption Claims
Dallas Morning News – Everton Bailey, Jr. | Published: 12/8/2021

Dallas will create a new office to investigate allegations of wrongdoing by city officials and make other changes to ethics rules that are meant to cut down on corruption. A key part of the reform is the creation of an inspector general division in the city attorney’s office, which would receive and investigate all internal fraud, waste, abuse, and corruption complaints. It will also prohibit anyone seeking a public subsidy, such as tax credits, from lobbying a council member about the matter before it is decided, and will increase training for city officials, staff, and registered lobbyists on Dallas’ ethics code.

Texas – Texas Appeals Court Throws Out Indictment of Groundbreaking Black Sheriff
Courthouse News Service – Cameron Langford | Published: 12/15/2016

The Texas Court of Criminal Appeals dismissed a campaign finance and records tampering indictment spearheaded by state Attorney General Ken Paxton against the state’s first Black female sheriff. While state law allowed an unusual choice of venue – though Stephens’ alleged crime occurred in Jefferson County, she was indicted in neighboring Chambers County – the court ruled the prosecution had violated the separation of powers clause in the state constitution. The court determined the Legislature had unconstitutionally granted the attorney general independent authority to prosecute election law offenses in the election code.

Washington DC – D.C. Attorney General Sues Proud Boys, Oath Keepers Over Jan. 6 Attack
MSN – Devlin Barrett, Tom Hamburger, and Rachel Weiner (Washington Post) | Published: 12/14/2021

District of Columbia Attorney General Karl Racine sued the Proud Boys and Oath Keepers over the January 6 attack on Congress, seeking to use a law written to cripple the Ku Klux Klan to exact stiff financial penalties from the far-right groups Racine alleges were responsible for the violence. Racine’s lawsuit is the first effort by a government agency to hold individuals and organizations civilly responsible for the violence at the U.S. Capitol on the day Congress ceremonially confirmed President Biden’s 2020 election victory.

Wisconsin – US Supreme Court Rejects Appeal from MacIver Institute Over Press Access in Wisconsin
Wisconsin Public Radio – Shawn Johnson | Published: 12/13/2021

The U.S. Supreme Court will not hear an appeal of a lower court ruling that sided with Wisconsin Gov. Tony Evers in a dispute with a conservative think tank over media access. The John K. MacIver Institute for Public Policy sued after the governor’s office denied the MacIver News Service access to a media briefing. MacIver argued the governor had violated its First Amendment right to freedom of the press based on the institute’s editorial stances. MacIver was denied access, according to the governor’s office, because its lobbying activity, policy advocacy, and self-described status as a “think tank” did not meet the criteria for a news organization.

Campaign Finance

National: “Democrats Introduce Bill to End Political Spending by Foreign-Owned Corporations” by Karl Evers-Hillstrom (The Hill) for MSN

Canada: “Judge Upholds Ontario Rules Limiting Third-Party Election Advertising Spending” by Paola Loriggio (Canadian Press) for Global News

Maryland: “Maryland Gov. Hogan’s Campaign Pays Fine for Accepting Excess Donations” by Pamela Wood (Baltimore Sun) for MSN

Ethics

National: “Trump Tax Records Can Be Released by Treasury Department to House, Judge Rules” by Spencer Hsu (Washington Post) for MSN

National: “Congress and Top Capitol Hill Staff Have Violated the STOCK Act Hundreds of Times. But the Consequences Are Minimal, Inconsistent, and Not Recorded Publicly.” by Camila DeChalus, Kimberly Leonard, and Dave Levinthal (Business Insider) for MSN

California: “City Employees Solicit Funds for Garcetti-Backed Charity. Ethics Experts Have Concerns” by Dakota Smith (Los Angeles Times) for Yahoo News

New York: “Trump Fraud Inquiry’s Focus: Did he mislead his own accountants?” by William Rashbaum, Ben Protess, and Jonah Bromwich (New York Times) for Yahoo News

South Carolina: “Orangeburg Coroner Marshall Gets $17K Fine After Neglecting Ethics Forms for Years” by Avery Wilks for Charleston Post and Courier

South Dakota: “Ex-Official Says She Felt ‘Intimidated’ in Meeting with Kristi Noem That Led to Daughter’s Appraiser License” by Hannah Knowles (Washington Post) for MSN

Redistricting

National: “Redistricting Is Drying Up Competitive Congressional Races” by Michael Macagnone (Roll Call) for MSN

Campaign Finance

Florida: “The Coffee Shop at This Non-Profit Florida Hospital Pours Cash into Political Coffers” by Kirby Wilson for Miami Herald

Ethics

National: “House Votes to Hold Meadows in Contempt for Refusing to Comply with Jan. 6 Committee Subpoena” by Mariana Alfaro and Jacqueline Alemany (Washington Post) for MSN

National: “House ‘Democracy’ Bill Would Cap Executive Power, Expand Disclosure” by Kate Ackley (Roll Call) for MSN

California: “Former DWP Chief Information Security Officer Agrees to Plead Guilty to Lying to Authorities” by Dakota Smith (Los Angeles Times) for MSN

Kansas: “Kansas AG’s Natural Gas Well Presents Possible Conflict of Interest as He Investigates Industry” by Alison Kite for Kansas Reflector

New York: “Ethics Panel Demands Cuomo Repay $5M” by Chris Bragg for Albany Times Union

Wisconsin: “US Supreme Court Rejects Appeal from MacIver Institute Over Press Access in Wisconsin” by Shawn Johnson for Wisconsin Public Radio

Lobbying

Europe: “Luxembourg Adopts Watered-Down Lobby Register” by John Monaghan for Luxembourg Times

Campaign Finance

Colorado: “Weiser’s Fundraiser in Hawaii Draws Complaint” by Christopher Osher for Denver Gazette

Georgia: “Georgia Appeals Judge Agrees to $25,000 Fine in Ethics Case” by Associated Press for MSN

Illinois: “Illinois Moves to Prohibit ‘Dark Money’ in Judicial Races, but It’s Unclear What Effect That Will Have on State’s Free-Spending Campaigns” by Dan Petrella (Chicago Tribune) for MSN

Pennsylvania: “DA Larry Krasner’s Campaign and Real Justice PAC Have Admitted to Breaking Philly’s Campaign Finance Law, Again” by Sean Collins Welch (Philadelphia Inquirer) for MSN

Ethics

National: “Now in Your Inbox: Political misinformation” by Maggie Astor (New York Times) for Yahoo News

National: “Manchin Cites a Blind Trust to Justify Climate Votes. But Much Income from His Family’s Coal Company Isn’t” by Michael Kranish and Anna Phillips (Washington Post) for MSN

New York: “Cuomo Advisors Used Campaign Aide to Dig Up Dirt on an Accuser Who Was Running for Office, Records Show” by Brian Schwartz for CNBC

Redistricting

National: “The Judges Drawing America’s Political Maps” by Ally Mutnik (Politico) for Yahoo News

The City of Portland’s Open and Accountable Elections Program has voted and accepted new administrative rules for candidates participating in the program.

The new rules change the name of the program to the Small Donor Elections Program.

The new guidelines clarify candidate reporting requirements and address any sections of the program left to the Portland Elections Commission in the code.

The commission set the limit on seed donations to $500 per entity.

Seed money contributions are allowed to be made by any legal entity, including corporations.

Campaign Finance

National: “Big Law Firms Promised to Punish Republicans Who Voted to Overthrow Democracy. Now They’re Donating to Their Campaigns” by Andy Kroll (Rolling Stone) for Yahoo News

National: “A New Lawsuit Accuses the FEC of Failing to Investigate Russia’s ‘Coordination’ with the 2016 Trump Campaign” by C. Ryan Barber (Business Insider) for Yahoo News

Colorado: “Major ‘Dark Money’ Nonprofit Ordered to Reveal Its Donors in Colorado” by Andrew Kenny for Colorado Public Radio

New York: “De Blasio Violated Fundraising Ethics Rules Even After Warning – Yet Mayor Faced No Penalty” by Yoav Gonen for The City

Elections

North Carolina: “North Carolina Delays 2022 Primaries to Give Redistricting Challenges More Time” by Steve Harrison for National Public Radio

Ethics

National: “Trump White House Records Can Be Released in Jan. 6 Probe Pending Supreme Court Review, Appeals Court Rules” by Spencer Hsu and Ann Marimow (Washington Post) for MSN

Texas: “Dallas Approves New Office to Investigate City Corruption Claims” by Everton Bailey, Jr. for Dallas Morning News

Lobbying

Florida: “Nikki Fried Mired in Ethics Dispute Over Her Finances” by Gary Fineout (Politico) for MSN

National/Federal

Challenges to the Voting Rights Act Far from Over
Center for Public Integrity – Carrie Levine | Published: 12/1/2021

When the U.S. Supreme Court decided an important voting rights case earlier this year, its ruling made it more difficult for voters to challenge restrictive state voting laws. Now, Texas is making an argument that, if adopted, would further hobble use of what remains of the Voting Rights Act. In a brief filed in a redistricting case, lawyers for the Texas argued it is not clear that Section 2 of the act allows private challenges to state laws at all, an argument that flies in the face of how the landmark civil rights-era statute has been interpreted by federal courts for decades.

Chris Cuomo Fired by CNN After Aiding Governor Brother and Other ‘New Allegations’
MSN – Jeremy Barr (Washington Post) | Published: 12/4/2021

Four days after announcing he would be indefinitely suspended from the network, CNN terminated its host Chris Cuomo following an investigation conducted by a law firm that it said had turned up “additional information” about him. Cuomo was suspended a day after documents released by New York Attorney General Letitia James showed he was more extensively involved in helping to defend his brother, then-Gov. Andrew Cuomo, against allegations of sexual misconduct than he had acknowledged, either publicly or to CNN management.

Courts May Play Outsize Role in Redistricting Fights
MSN – Michael Macagnone (Roll Call) | Published: 12/7/2021

The delayed release of 2020 census data has seen states sprinting to finish redistricting, but with control of the U.S. House hanging by a handful of seats, litigants are looking to courthouses to challenge the mapmaking effort. Several states, such as South Carolina and Pennsylvania, face lawsuits without having even finished their redistricting process. Challenges elsewhere have already played out: Republicans dropped a lawsuit against Oregon’s new congressional map recently.

Far Right Is Using Twitter’s New Rule Against Anti-Extremism Researchers
Washington Post – Drew Harwell | Published: 12/3/2021

Neo-Nazis and far-right activists are coaching followers on how to use a new Twitter rule to persuade the social media platform to remove photos of them posted by anti-extremism researchers and journalists who specialize in identifying episodes of real-world hate. Advocates said they worry the new policy will suppress efforts to document the activities of the far right and will prove to be a gift to members of hateful movements eager to keep their identities concealed.

Jan. 6 Committee Says It Will Move to Hold Former Trump Chief of Staff Mark Meadows in Criminal Contempt
MSN – Jacqueline Alemany and Josh Dawsey (Washington Post) | Published: 12/8/2021

The U.S. House select committee investigating the January 6 attack on the Capitol said it is preparing to hold Mark Meadows, former President Trump’s chief of staff, in criminal contempt for not complying with the panel’s subpoena as it is ramping up efforts to force former Trump administration officials to cooperate with its inquiry. Committee Chairperson Bennie Thompson said in a letter sent to Meadows the panel’s patience had run out and dismissed his argument that much of the information the committee sought was covered by executive privilege because it involved his duties as an aide to Trump at the White House.

Pro-Trump Scam PAC Operator, PPP Fraudster Sentenced to Nearly 4 Years in Prison
MSN – Spencer Hsu (Washington Post) | Published: 12/6/2021

A Las Vegas man behind both a pro-Trump scam PAC and a fraudulent Paycheck Protection Program (PPP) loan scheme was sentenced to 46 months in prison and ordered to repay $1.4 million to his victims, including federal taxpayers. James Bell stole government pandemic relief aid while also conning supporters of both President Trump and eventual victor Joe Biden in the 2020 presidential election. Bell, prosecutors said, was the first scam PAC operator to be sentenced in federal court in Washington, as well as the first PPP loan fraud defendant.

Rep. Devin Nunes to Leave Congress to Become Trump Media Company CEO
MSN – Amy Wang and David Weigel (Washington Post) | Published: 12/6/2021

U.S. Rep. Devin Nunes plans to leave his seat at the end of December to become chief executive officer at a new media company founded by former President Trump. Nunes represents a historically Republican district that was growing more competitive even before the current round of redistricting. Early drafts of California’s next map put Nunes in a less Republican district in the Fresno area, one that backed Joe Biden by nine points. The Trump Media and Technology Group has not yet released any products to the public and missed its self-imposed deadline to roll out a beta-test version of its social media service in November.

Sidney Powell Group Raised More Than $14 Million Spreading Election Falsehoods
MSN – Emma Brown, Rosalind Helderman, Isaac Stanley-Becker, and Josh Dawsey (Washington Post) | Published: 12/6/2021

Records show Defending the Republic, a nonprofit founded by attorney Sidney Powell to fight the results of the 2020 presidential election, has raised more than $14 million, a sum that reveals the reach and resonance of one of the most visible efforts to fundraise using baseless claims about the election. Previously unreported records also detail acrimony between Powell and her top lieutenants over how the money, now a focus of inquiries by federal prosecutors and Congress, was being handled. As head of Defending the Republic, Powell controlled $9 million as recently as this summer.

Ted Cruz Has Never Recouped More Than $500,000 He Loaned His First Campaign. He’s Working to Overturn the Law That’s Blocked Him.
Texas Tribune – James Polard | Published: 12/8/2021

Ted Cruz loaned his campaign over $1 million in 2012, which helped him win election to the U.S. Senate. Cruz has never been able to recoup $545,000 of that loan. A 2002 law bans victorious federal candidates from using more than $250,000 raised after an election to pay back loans they gave their own campaigns prior to Election Day. A lawsuit the campaign filed against the FEC will soon reach the U.S. Supreme Court. Cruz’s campaign lawyers are expected to argue the limit is unconstitutional, arbitrarily limits political speech, and deters candidates from loaning money to their campaigns.

The Troubling New Void in Local Journalism – and the Nonprofits Trying to Fill It
MSN – Elahe Izadi (Washington Post) | Published: 12/6/2021

States Newsroom is a network of nonprofit newsrooms covering state government across the country. These outlets keep close tabs on state Legislatures and regulatory agencies where decisions are being made that affect many aspects of daily life for citizens. With funding from foundations and a variety of donors, States Newsroom formed two years ago to attempt to fill a void in what many government watchdogs and civil-society experts believe is one of the biggest manifestations of the local journalism crisis: the dire shortage of reporters covering state government.

From the States and Municipalities

Arizona – Lawmaker’s Bill Would Make Arizona School Board Elections Partisan
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 12/5/2021

State Sen. Michelle Ugenti-Rita believes she has a way of helping Arizona voters identify who they want to run their school boards: make candidates run with their party affiliation. The proposal would scrap the current system where people interested in the unpaid position submit nominating papers and then run against each other in a general election. Instead, all the registered candidates from each party would compete in an August primary, with the winners then facing off in November. it would put Arizona in the minority of states with a similar system, following only Louisiana and Pennsylvania.

Arkansas – State Officials Look to Replace Arkansas’ ‘Clunky,’ ‘Antiquated’ Electronic Campaign-Finance System
Arkansas Democrat-Gazette – Lisa Hammersly | Published: 12/5/2021

Lawmakers and the Arkansas secretary of state’s office are taking steps to procure a new computerized campaign finance system at an estimated cost of $750,000 to $1 million in hopes it will be easier to use. The planned new system, however, is not expected to be in place until after the November 2022 general election. That means candidates and the public have more than a year to coexist with the current system’s flaws. Those include errors and omissions in data, The Arkansas Democrat-Gazette found in examining more than 650,000 campaign contribution and expenditure reports over the past four years.

California – Former Head of DWP Agrees to Plead Guilty to Bribery Charge
MSN – Dakota Smith (Los Angeles Times) | Published: 12/6/2021

The former top executive of the Los Angeles Department of Water and Power (DWP) agreed to plead guilty to a bribery charge in a widening corruption case involving the utility. David Wright accepted bribes from a lawyer in exchange for supporting a $30 million, no-bid DWP contract. Wright also admitted in the plea agreement he participated in several other corrupt schemes while serving as head of the DWP. Paul Paradis, the attorney whose company received the contract, agreed to plead guilty in a scheme that involved him receiving a $2.2-million kickback from another attorney.

California – Lavish Gifts, Expensive Trips: Was California state worker union leader’s spending justified?
MSN – Wes Ventiecher (Sacramento Bee) | Published: 12/3/2021

Records show former Service Employees International Union (SEIU) Local 1000 President Yvonne Walker spent nearly $7,000 on gifts for top union officers and thousands of dollars on international travel for union purposes. That included $4,500 to Disney Resorts in the largest gift to an outgoing officer, along with $5,700 for a flight to Tel Aviv for a labor event and $159 for a celebration at Sacramento’s Device Brewing Company, and other expenditures. IRS rules require the tax-exempt organization to spend its money in ways that benefit members, not themselves. But all the spending potentially was justifiable, according to a tax expert.

California – San Francisco’s City Hall Works to Restore Tarnished Reputation
San Francisco Examiner – Jeff Elder | Published: 12/7/2021

A corruption scandal has spurred ethics reform efforts in San Francisco. The Board of Supervisors voted to prohibit elected officials and city department heads from requesting donations to charities from “interested parties,” including lobbyists, and those seeking contracts and permits from the city. Supervisors cited the federal case in which companies admitted to conspiring to bribe former Public Works Department Director Mohammed Nuru. The San Francisco Ethics Commission is expected to discuss a ballot measure that would lay out broad guidelines on prohibited behavior and ethics training.

California – Wahl Legal Team Agrees to Deposition Date in Ash Street Litigation
San Diego Union Tribune – Jeff McDonald | Published: 12/4/2021

Christopher Wahl, the Southwest Strategies lobbyist who has been meeting privately with San Diego city officials to try to settle litigation over the city’s lease of a high rise, agreed to appear for a deposition in January. San Diego resident John Gordon claimed in his lawsuit that the 20-year lease-purchase deal is illegal. If the interview happens, it comes three months after Wahl was first served a subpoena and some seven weeks after he was initially scheduled to appear for a deposition.

Connecticut – Inquiry Underway into Top Connecticut Prosecutor’s Hiring of Lamont Administration Official’s Daughter. A Former U.S. Attorney Will Investigate.
Hartford Courant – Mark Pazniokas (CT Mirror) | Published: 12/3/2021

Connecticut Gov. Ned Lamont’s administration retained attorneys to investigate “possible improprieties by state employees and possibly others.” Chief State’s Attorney Richard Colangelo Jr. said a focus of the inquiry is the circumstances surrounding his hiring of Anastasia Diamantis, the daughter of Kostantinos Diamantis, one of the budget officials whom Colangelo had been lobbying for help in securing raises. Emails show Anastasia Diamantis was hired as Colangelo unsuccessfully pressed state officials, including her father, for help securing raises for prosecutors.

Florida – House Victory Senior Adviser Resigns Following ‘Ghost Candidate’ Reports
Florida Politics – Renzo Downey | Published: 12/3/2021

Political consultant and fundraiser Dan Newman resigned from the Florida Democrats’ House campaign operation following reports of his ties to a “ghost candidate” scheme. Florida Power and Light (FPL) executives worked with consultants behind the sham candidate scheme currently under investigation for undercutting Senate Democratic candidates last year using Republican strategies. Documents show Newman, who previously lobbied for FPL and has publicly stated he donated to the ghost campaign committee, received a $1.25 million check from FPL for his consulting firm in September 2020. An accompanying text message sent by Newman to consultants read, “The eagle has landed.”

Illinois – Center of ‘Rape Email’ Denies Knowledge of Alleged Illinois Government Coverup
Belleville News-Democrat – John O’Connor (Associated Press) | Published: 12/1/2021

The former campaign worker for Illinois Gov. J.B. Pritzker who is at the center of an email in which a one-time statehouse lobbyist alleged government coverups of a rape and illegal state hiring says he is completely unaware of the purported incidents that have dogged him since the email became public last year. Forrest Ashby, a longtime state employee who worked on the Pritzker’s 2018 campaign, said he never got a direct answer when he confronted the author of the email, Michael McClain – an ex-lobbyist now under indictment in an alleged bribery scheme that tarnished his confidante, former House Speaker Michael Madigan.

Michigan – Sidney Powell, L. Lin Wood Among Attorneys Ordered to Pay $175,000 Over Michigan ‘Kraken’ Suit
MSN – Rosalind Helderman (Washington Post) | Published: 12/2/2021

A federal judge ordered a group of lawyers who brought a failed lawsuit challenging the 2020 election results to pay about $175,000 in legal fees to the state of Michigan and the city of Detroit, the latest in a series of rulings from federal judges seeking to hold lawyers accountable for trying to use the courts to overturn a democratic election. U.S. District Court Judge Linda Parker had already ordered that the group of nine lawyers, including Sidney Powell and L. Lin Wood, be disciplined for their role in the suit, which in August she called “a historic and profound abuse of the judicial process.”

Missouri – Controversial Bill Would Have Aided Missouri Company Under Scrutiny for Contamination
Missouri Independent – Alison Kite | Published: 12/6/2021

Two years ago, a company led by an influential Republican businessperson faced off with the Missouri’s environmental regulators over whether it needed to do additional testing for a chemical that health officials worried could pose a cancer risk to the company’s workers. The company argued the Department of Natural Resources was overzealously enforcing federal hazardous waste testing guidance that was not required by law or regulation. Soon the company’s complaints were reflected in legislation criticized as an attack on the state’s environmental regulation.

New Hampshire – Members of Public Who Attended Legislative Hearings Say They Were Not Contact Traced
Concord Monitor – Ethan DeWitt | Published: 12/4/2021

When Beverly Cotton got the call telling her of a potential COVID-19 exposure at a legislative committee session, it did not come from the New Hampshire House. It came from a fellow audience member. Cotton had joined a dozen other lobbyists, advocates, and reporters to watch the proceedings of the House Election Law Committee. Two days later, she was told someone in the room had later tested positive for COVID-19. The alert was worrying for Cotton, who has an underlying health condition. But the manner in which she received the news was unusual.

New York – New York City Poised to Give Voting Rights to Noncitizens
Yahoo News – Bobby Caina Calvin (Associated Press) | Published: 12/7/2021

Under a bill nearing approval, some 800,000 legally documented, voting-age noncitizens in New York City would be allowed to cast ballots in elections to pick the mayor, city council members, and other municipal officeholders. Noncitizens still would not be able to vote for president or members of Congress in federal races, or in the state elections that pick the governor, judges, and legislators. The move is a counterpoint to restrictions being enacted in some states, where Republicans have espoused unsupported claims of rampant fraud by noncitizens in federal elections.

New York – NY Lt. Gov. Brian Benjamin Changes Answers on Background Check After News’ Expose
New York Daily News – Michael Gartland | Published: 12/6/2021

New state records revealed New York Lt. Gov. Brian Benjamin changed his answers on state background check forms, two weeks after it was reported he provided incorrect information on his original disclosure before being sworn in as Gov. Hochul’s second-in-command. Benjamin refers several times to an addendum on his latest background check form. In it, he concedes that as a candidate, he has “had many interactions with regulatory bodies that oversee elections and campaign finance matters.”

Oregon – Good Government Groups Are Pushing Campaign Finance Limits in Oregon. They Might Have Competition.
OPB – Dirk VanderHart | Published: 12/7/2021

A coalition of good government groups filed three potential ballot measures with the state that would shake up Oregon’s permissive system of funding campaigns. The group says it will decide on one to put forward to voters in 2022, once polling shows which is most popular. While differing in their specifics, each of the proposals would create new limits on what individuals, advocacy groups, corporations, and political parties can contribute to candidates and causes. The proposals also include requirements that political advertisements prominently display top donors, and “dark money” groups disclose their funding sources if they engage in campaigning.

Pennsylvania – PA Senate Election Probe Contract Doesn’t Say If the Public Will See the Results, Among Other Things
WSKG – Sam Dunklau | Published: 12/7/2021

Multiple federal investigations as well as court rulings and state-mandated audits and of ballots from every Pennsylvania county have turned up no evidence of election problems that were out of the ordinary. The Department of State has said the last several election cycles ran smoothly. Even so, Pennsylvania Senate Republicans are paying over $2500,000 in taxpayer money to an Envoy Sage LLC to investigate those elections. Details of the agreement between the two are now public. Democratic senators as well as voter advocates say the document raises more questions than it answers.

Pennsylvania – Philadelphia Gas Works Emails Show Involvement in Drafting Bill That Runs Counter to Climate Goals
StateImpact Pennsylvania – Susan Phillips | Published: 12/3/2021

Philadelphia has as a climate goal of becoming carbon neutral by 2050. But the city owns a large fossil fuel utility, Philadelphia Gas Works (PGW), which represents a major hurdle. Philadelphia is on the verge of releasing a study aimed at figuring out how to transform PGW to cut the city’s carbon emissions. Meanwhile, legislation is making its way through Harrisburg that would tie the hands of municipalities across the state when it comes to electrification. The city opposes the legislation, but emails obtained show PGW executives engaged in crafting, and potentially strengthening, a measure that would block efforts to promote electrification.

Pennsylvania – Philly City Council President Wants to Tweak Ethics Rules. But He Says It’s Not Related to Bobby Henon’s Conviction
MSN – Laura McCrystal (Philadelphia Inquirer) | Published: 12/2/2021

Two weeks after Philadelphia City Councilperson Bobby Henon was convicted of bribery, council President Darrell Clarke proposed a modest tweak of city ethics rules: that council members must provide written notice when they recuse themselves from votes due to a conflict-of-interest. Clarke’s spokesperson denied the new measure was a response to the criminal case. A federal jury found inion leader John Dougherty bought Henon’s loyalty with a $70,000 annual union salary.

Pennsylvania – The Pa. Politicians Who Got Local 98 Campaign Money Aren’t Having Second Thoughts, Even After Johnny Doc’s Conviction
MSN – Jonathan Tamari and Andrew Seidman (Philadelphia Inquirer) | Published: 12/8/2021

Convicted of bribery, the powerful Philadelphia labor leader John Dougherty has resigned from the union he led for almost three decades and is likely headed to federal prison. But prominent Pennsylvania politicians who’ve benefited from the union’s largesse are not renouncing its campaign money or saying much of anything about the trial that illustrated the city’s sometimes toxic mix of money and politics. Only one major recipient expressed any qualms about the contributions, which ranged from thousands of dollars to more than $1 million.

Texas – Justice Dept. Sues Texas Over Redistricting, Citing Discrimination Against Latinos
MSN – David Nakamura and Devlin Barrett (Washington Post) | Published: 12/6/2021

The U.S. Justice Department sued Texas for the second time in a month over voting-related concerns, this time alleging Republican state lawmakers discriminated against Latinos and other minorities when they approved new congressional and state legislative districts that increased the power of White voters. Attorney General Merrick Garland’s announcement marked the Biden administration’s first major legal action on redistricting. While the U.S. Supreme Court has declined to put limits on partisan gerrymandering, it is illegal to draw lines that are unfair to racial and ethnic minorities.

Utah – Proposed Ballot Initiative Would Return Utah to In-Person Paper Balloting on Election Day
Salt Lake Tribune – Brian Schott | Published: 12/7/2021

A group called Secure Vote Utah is hoping to get enough signatures to put an initiative on the 2022 ballot to do away with the state’s mail-in elections in favor of all paper ballots. The proposal also scraps early voting and most absentee balloting and makes it more difficult to register to vote. As it stands, every registered voter in the state is sent a ballot through the mail. If voters approve the initiative, nearly all voting would use paper ballots, marked by a pen or pencil, at neighborhood polling places. The only exceptions are for disabled individuals who need a mechanical method for voting.

Wisconsin – Wisconsin Family Action Sues to Strike Down Campaign Finance Rule to Shield Names of Its Donors
Yahoo News – Patrick Marley (Milwaukee Journal-Gazette) | Published: 12/6/2021

Wisconsin Family Action filed a lawsuit saying it was reluctant to spend money in two congressional races because it feared the FEC would try to force it to disclose the names of its donors. It is asking U.S. District Court Judge William Griesbach to declare some of the FEC’s regulations unconstitutional. The lawsuit alleges the agency is trying to require groups like Wisconsin Family Action to disclose the names of donors who give more than $200 even if the money is not intended for political efforts.

Campaign Finance

National: “Ted Cruz Has Never Recouped More Than $500,000 He Loaned His First Campaign. He’s Working to Overturn the Law That’s Blocked Him.” by James Polard for Texas Tribune

National: “Pro-Trump Scam PAC Operator, PPP Fraudster Sentenced to Nearly 4 Years in Prison” by Spencer Hsu (Washington Post) for MSN

Oregon: “Good Government Groups Are Pushing Campaign Finance Limits in Oregon. They Might Have Competition.” by Dirk VanderHart for OPB

Pennsylvania: “The Pa. Politicians Who Got Local 98 Campaign Money Aren’t Having Second Thoughts, Even After Johnny Doc’s Conviction” by Jonathan Tamari and Andrew Seidman (Philadelphia Inquirer) for MSN

Elections

Pennsylvania: “PA Senate Election Probe Contract Doesn’t Say If the Public Will See the Results, Among Other Things” by Sam Dunklau for WSKG

Utah: “Proposed Ballot Initiative Would Return Utah to In-Person Paper Balloting on Election Day” by Brian Schott for Salt Lake Tribune

Ethics

California: “San Francisco’s City Hall Works to Restore Tarnished Reputation” by Jeff Elder for San Francisco Examiner

Redistricting

National: “Courts May Play Outsize Role in Redistricting Fights” by Michael Macagnone (Roll Call) for MSN

Campaign Finance

National: “Sidney Powell Group Raised More Than $14 Million Spreading Election Falsehoods” by Emma Brown, Rosalind Helderman, Isaac Stanley-Becker, and Josh Dawsey (Washington Post) for MSN

Arkansas: “State Officials Look to Replace Arkansas’ ‘Clunky,’ ‘Antiquated’ Electronic Campaign-Finance System” by Lisa Hammersly for Arkansas Democrat-Gazette

Wisconsin: “Wisconsin Family Action Sues to Strike Down Campaign Finance Rule to Shield Names of Its Donors” by Patrick Marley (Milwaukee Journal-Gazette) for Yahoo News

Elections

Arizona: “Lawmaker’s Bill Would Make Arizona School Board Elections Partisan” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

Ethics

National: “Chris Cuomo Fired by CNN After Aiding Governor Brother and Other ‘New Allegations’” by Jeremy Barr (Washington Post) for MSN

Legislative Issues

New Hampshire: “Members of Public Who Attended Legislative Hearings Say They Were Not Contact Traced” by Ethan DeWitt for Concord Monitor

Lobbying

California: “Wahl Legal Team Agrees to Deposition Date in Ash Street Litigation” by Jeff McDonald for San Diego Union Tribune

Pennsylvania: “Philadelphia Gas Works Emails Show Involvement in Drafting Bill That Runs Counter to Climate Goals” by Susan Phillips for StateImpact Pennsylvania

National/Federal

Appeals Court Scrutinizes Trump Bid to Keep Jan. 6 White House Records Secret from Congress
MSN – Spencer Hsu and Ann Marimow (Washington Post) | Published: 11/30/2021

An appeals court scrutinized former President Trump’s effort to keep White House documents secret from a congressional committee investigating the January 6 attack on the Capitol. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit expressed skepticism about the role of the courts in settling a dispute in which a former president and the sitting president are at loggerheads over the release of records. The hearing probed the limits of the separation of powers, U.S. Supreme Court precedent over the ownership of presidential records, and a statute governing their release.

CNN Suspends Chris Cuomo ‘Indefinitely’ After Documents Detail Help He Gave His Brother
MSN – Sarah Ellison and Jeremy Barr (Washington Post) | Published: 11/30/2021

CNN suspended Chris Cuomo a day after the release of documents that detailed his efforts to help his brother, then-New York Gov. Andrew Cuomo, fend off allegations of sexual misconduct. Transcripts from the New York attorney general’s office showed the cable television host was far more involved in the ex-governor’s crisis-management efforts than the younger Cuomo had previously acknowledged. The network and its president, Jeff Zucker, had backed Chris Cuomo for months, even as details accumulated about his role advising his brother, who eventually resigned in the wake of the sexual harassment allegations.

Congress Closes in on Sexual Misconduct Reform, 4 Years After Its #MeToo Moment
MSN – Marianne Levine (Politico) | Published: 12/1/2021

The Senate and House Judiciary Committees recently approved bipartisan legislation that would put an end to private employers’ use of forced arbitration – mediation between alleged victims and perpetrators that operates outside the traditional legal system – by allowing victims to decide whether they want to take their sexual harassment or assault claims to court instead. Proponents of the sexual misconduct reform bill are planning to see whether it can pass unanimously in the coming weeks without a time-consuming roll-call vote, or alternately whether it can hitch a ride on another legislative vehicle.

Dark-Money Group Paid Former Trump AG to Ask for Pardons – and He Never Registered as a Lobbyist
Yahoo News – Roger Sollenberger (Daily Beast) | Published: 12/1/2021

Matthew Whittaker held various posts at the Justice Department during the Trump administration. When he left the government, the nonprofit FreedomWorks brought him on to head an initiative that “aims to recommend deserving individuals to the Trump administration for pardons and commutations.” A federal filing shows Freedom Works paid Whitaker $400,000 last year in unspecified “consulting” fees. He was directly involved in White House clemency negotiations, but never registered as a lobbyist while advocating for pardons and FreedomWorks never named clemency issues in any of its 2020 lobbying reports.

Facebook’s Race-Blind Practices Around Hate Speech Came at the Expense of Black Users, New Documents Show
MSN – Elizabeth Dwoskin, Nitasha Niku, and Crag Timberg (Washington Post) | Published: 11/21/2021

A two-year effort by a large team of researchers at Facebook urged executives to adopt an aggressive overhaul of its software system to remove hateful posts before any users could see them. But Facebook’s leaders balked at the plan. According to two people familiar with the internal debate, top executives including Vice President for Global Public Policy Joel Kaplan feared the new system would tilt the scales by protecting some vulnerable groups over others. A policy executive prepared a document for Kaplan that raised the potential for backlash from “conservative partners,” according to the document.

Former White House Chief of Staff Mark Meadows Cooperating with Jan. 6 Committee
MSN – Mariana Alfaro (Washington Post) | Published: 11/30/2021

Mark Meadows, former President Trump’s chief of staff at the time of the January 6 attack on the Capitol, is cooperating with the House committee investigating the insurrection. Meadows is the highest-profile member of Trump’s inner circle who is known to be cooperating or who the committee has publicly acknowledged is cooperating. Committee members have previously said many people with connections to the events of that day have voluntarily engaged with investigators, but they have not specified who those individuals are or how high up they were in the Trump administration.

House Jan. 6 Committee Votes to Hold Former Trump DOJ Official in Criminal Contempt
MSN – Jacqueline Alemany (Washington Post) | Published: 12/1/2021

The House select committee investigating the January 6 attack on the U.S. Capitol voted unanimously to hold former Trump Justice Department official Jeffrey Clark in criminal contempt for failing to cooperate with its inquiry. If it is adopted by the House, it would be up to the Justice Department to determine whether to indict Clark for not complying with a congressional subpoena. Clark’s lawyer presented the committee with a letter that objected to answering any questions or providing any records, arguing Clark did not have to because Trump has asserted they are protected by executive privilege.

K St. on Capitol Hill: Lobbyists look to leverage prime real estate near Congress as in-person events return
Yahoo News – Hailey Fuchs and Emily Birnbaum (Politico) | Published: 11/23/2021

The popular conception of a lobbying shop usually involves an office on K Street, an expense account at a popular restaurant, and a small army of operatives that regularly hit the fundraising circuit. But lobbyists have long explored other venues to twist the arms of members of Congress and the Capitol Hill townhouse is chief among them. Groups use these homes, often registered with the city as residential property, most notably as a fundraising venue for members of Congress. These townhouses provide companies, trade associations, and lobbying shops with a chance to rub shoulders with lawmakers outside of government property.

More Companies Disclose Political Spending After Jan. 6 Attack
MSN – Ellen Meyers (Roll Call) | Published: 12/2/2021

New research shows companies are increasing their disclosure of political spending. Corporations are under pressure from shareholders, customers, employees, and regulators to align their political influence with their stated values. Direct corporate donations to candidates are illegal, but employees and executives can pool their contributions through PACs, which must disclose donors and expenditures and are subject to limits. Companies can also give unlimited amounts to groups that spend money to influence politics, some of which disclose their donors and some which do not.

New Rules for MPs Proposed in Wake of Lobbying Scandal
Sky News – Alan McGuiness | Published: 11/29/2021

The Standards Committee has unveiled its interim report into reform of the standards system in the wake of the furor generated by the Owen Paterson scandal, as well as an updated code of conduct for members of Parliament (MP). The former Conservative member was found to have broken the United Kingdom’s lobbying rules with his private sector work. Labour MP Chris Bryant, chairperson of the committee, said it had laid out a “package of reforms to bolster the rules around lobbying and conflicts-of-interest.”

Prosecutors Demanded Records of Sidney Powell’s Fundraising Groups as Part of Criminal Probe
MSN – Isaac Stanley-Becker, Emma Brown, and Rosalind Helderman (Washington Post) | Published: 11/30/2021

Federal prosecutors demanded the financial records of multiple fundraising organizations launched by attorney Sidney Powell after the 2020 election as part of a criminal investigation. The grand jury subpoena sought communications and other records related to fundraising and accounting by groups including Defending the Republic, a group claiming 501(c) 4 nonprofit status and a PAC by the same name. The federal investigation highlights the intensifying legal quandaries facing Donald Trump-allied attorneys and other figures who promoted false claims that the election was rigged.

State Redistricting Commissions Get Mixed Reviews
MSN – Michael Macagnone (Roll Call) | Published: 12/2/2021

Most state Legislatures control the map-drawing process, but a handful now have redistricting commissions of varying construction and independence with a say in line drawing. Advocates expected redistricting commissions to take partisan favoritism out of the process, but some maps have favored one party over the other while others have shortchanged growing minority communities. Experts have argued some bias is unavoidable in a political environment in which most Democratic voters are packed in urban areas and most Republicans live in more rural ones.

Trump Allies Work to Place Supporters in Key Election Posts Across the Country, Spurring Fears About Future Vote Challenges
MSN – Amy Gardner, Tom Hamburger, and Josh Dawsey (Washington Post) | Published: 11/29/2021

A year after local and state election officials came under pressure from Donald Trump to subvert the results of the 2020 White House race, he and his supporters are pushing an ambitious plan to place Trump loyalists in key positions across the administration of U.S. elections. The effort goes beyond the former president’s public broadsides against well-known Republican state officials who certified President Biden’s victory. Citing the need to make elections more secure, Trump allies are also seeking to replace officials across the nation, including volunteer poll watchers, paid precinct judges, elected county clerks, and state attorneys general.

U.S. House Approves Bipartisan Judicial Financial Disclosure Bill
Reuters – Mike Scarcella | Published: 12/1/2021

The U.S. House voted overwhelmingly in favor of a bipartisan bill imposing more stringent public financial reporting requirements on federal district and appellate court judges. The Courthouse Ethics and Transparency Act would set a 45-day window for judges to report stock trades of more than $1,000 and require the judiciary to post disclosure forms online. A Wall Street Journal report in September revealed 131 judges had failed to recuse themselves in hundreds of cases since 2010 involving companies in which they or a family member had a financial interest.

From the States and Municipalities

California – Accusations Against a California Campaign Finance Watchdog Went Undisclosed for Months
Yahoo News – John Meyers (Los Angeles Times) | Published: 11/22/2021

A campaign finance investigation against a top official at the California Fair Political Practices Commission (FPPC) sat in limbo and hidden from public view for months, raising questions about whether the government organization holds its own members to the same standard as candidates and campaigns across the state. A complaint against Catharine Baker, a former state legislator, was filed in April with the agency’s enforcement division. On November 12, the same day The Los Angeles Times requested information regarding the case, the FPPC enforcement division recused itself from the investigation and asked state Attorney Gen. Rob Bonta to assume control.

California – Former California Union Official Filed $44,000 Worth of Fraudulent Time Sheets, CalPERS Says
MSN – Wes Venteicher (Sacramento Bee) | Published: 11/29/2021

A former SEIU Local 1000 official was suspended from his California Public Employees’ Retirement System IT job without pay for six months after the pension system determined he did not do any work while claiming he was on a coronavirus contact tracing assignment. Tony Owens, who was elected vice president of bargaining in 2018, submitted about $44,000 worth of fraudulent time sheets in the second half of 2020. Owens is contesting the discipline, saying he was supporting state workers during the time in question even though the Department of Public Health did not formally issue him a pandemic contact tracing assignment.

California – Lobbyist in Ash Street Settlement Doesn’t Appear for Deposition but Reports More Meetings with City Officials
San Diego Union Tribune – Jeff McDonald | Published: 11/24/2021

A lobbyist involved in settlement talks between the city of San Diego and the owners and lenders of the vacant high rise did not appear for a deposition that was scheduled by lawyers suing the city. Christopher Wahl delayed answering questions even as he filed a new lobbying disclosure showing he continued to meet with City Attorney Mara Elliott and Mayor Todd Gloria’s chief operating officer to try and resolve lawsuits over the lease. Wahl is a partner at Southwest Strategies, which has reported raising tens of thousands of dollars in support of Elliott, Gloria, some city council members and the Democratic Party.

Connecticut – Gov. Lamont Says His Wife Will Pull Back on Investments in Connecticut and Blames Politics for Ethical Questions
Yahoo News – Christopher Keating and Stephen Singer (Hartford Courant) | Published: 11/30/2021

Gov. Ned Lamont said his wife’s investment firm is pulling back in Connecticut after critics questioned the move to Stamford of a New York financial technology company, Digital Currency Group (DCG), that negotiated $5 million in state aid. The governor said Annie Lamont is finding it difficult to invest in Connecticut because the combination of her work as an investor and his role as governor are dogged by ethical questions. Gov. Lamont has said little publicly until recently about his wife’s investments through Oak HC/FT, a venture capital firm she founded.

Florida – Legislative Ball Starts Rolling on Additional Lobbying Restrictions for Former Officials
Florida Politics – Renzo Downey | Published: 11/30/2021

Florida lawmakers moved legislation to further restrict public officials from lobbying in the years after leaving office. The House Public Integrity and Ethics Committee approved two proposed bills to implement Amendment 12, which places business and lobbying restrictions on former lawmakers. Penalties under the measures include fines up to $10,000 and forfeiting money earned from illegally lobbying. People could also receive public censure or reprimand for violating the law.

Maine – Maine Lawmaker Who Flouted Pandemic Rules Resigns After Wife’s COVID-19 Death
Yahoo News – Edward Murphy (Portland Press Herald) | Published: 11/30/2021

State Rep. Chris Johansen, a staunch opponent of pandemic-related restrictions who was stricken with COVID-19 this summer and whose wife died after contracting the virus, resigned from the Maine Legislature. He said his wife, who had asthma, had taken care of the farm, allowing him to serve in the state House. A few weeks after Cindy Johansen died, Chris Johansen attended a rally against the state’s vaccination mandate for health care workers.

Massachusetts – Organizers Seek Up to $25,000 from Donors to Fund Mayor Wu’s Inauguration
MSN – Meghan Irons (Boston Globe) | Published: 11/25/2021

Organizers for Michelle Wu’s inauguration are asking businesses and individuals for thousands of dollars to help bankroll her inauguration in January, putting her on track with previous Boston mayors who have marked their ascension to political power with a lavish affair. Boston Inaugural Fund 2021, responsible for raising cash for Wu’s inauguration, has been asking donors for $10,000 to $25,000, promising them different tiers for “sponsorship opportunities” for the inauguration.

Michigan – Benson’s Bid to Make Permanent Absentee Voter Rules Draws Opposition
Detroit News – Beth LeBlanc | Published: 11/28/2021

Rules that would change Michigan’s absentee ballot application and verification protocol are working their way through the state administrative process amid protests from legislative election leaders. The rules would require local clerks to start with a presumption of validity when examining signatures for absentee voter applications and ballots and allow for online absentee ballot applications. The rules, which went through a public comment process, implement to some extent practices Secretary of State Jocelyn Benson put in place during the pandemic ahead of the November 2020 presidential election.

Michigan – Federal Judge Slams Michigan GOP Suit Against Whitmer Fundraising
Detroit News – Craig Mauger | Published: 12/1/2021

U.S. District Court Judge Janet Neff repeatedly criticized the Michigan Republican Party’s effort to challenge Gov. Gretchen Whitmer’s reelection fundraising. Neff rejected a motion for an emergency restraining order to prevent the governor’s campaign from distributing millions of dollars in excess contributions she raised through a so-called recall exception. The judge said she had “questions” about whether GOP Chairperson Ron Weiser had legal standing to bring the lawsuit. She also said the GOP might be feeling “remorse” the party did not think of the idea earlier when one of its members held the governor’s office.

Michigan – Taylor Mayor’s Aide Guilty, Leaving Sollars Solo for Bribery Trial
Detroit News – Robert Snell | Published: 12/1/2021

An aide and campaign treasurer for indicted Taylor Mayor Rick Sollars admitted to pocketing bribes with the politician and faces up to five years in federal prison. Taylor community development manager Jeffrey Baum is the third person to strike a plea deal with federal prosecutors, moves that leave Sollars scheduled to stand trial alone on corruption charges in January. The criminal case comes amid a broader federal focus on public corruption in Metro Detroit. In the last dozen years, more than 110 labor leaders, politicians, police officers, and bureaucrats have been charged with federal corruption-related crimes.

Minnesota – Jan Malcolm’s Horse, and Other Things We Learned About from Minnesota Financial Disclosures
MinnPost – Walker Orenstein and Greta Kaul | Published: 11/30/2021

Minnesota law requires a wide range of public officials to disclose some of their economic interests, including properties, investments, and speaking fees. The disclosures, available on the Campaign Finance Board’s website, can give insight into the financial holdings of public officials, while providing a safeguard against self-dealing in government, experts say. Officials even have to say whether they or a family member have a financial stake in horse racing, though only one top state official has reported such an investment: Jan Malcolm, commissioner of the Department of Health.

Missouri – Campaign Fund Linked to Stenger Fined by Missouri Ethics Regulators
St. Louis Post-Dispatch – Kurt Erickson | Published: 11/26/2021

A once-obscure campaign committee that helped fund former St. Louis County Executive Steve Stenger’s 2018 reelection bid was fined more than $10,000 for violations of state ethics rules. The penalty was levied against the Missouri Association of Career Fire Protection District’s PAC after the Missouri Ethics Commission audited the account amid news reports about potential money laundering.

New Jersey – Is a Bribe a Bribe If You Can’t Deliver? Former Morris Freeholder Asks Judge to Toss Indictment
Morristown Green – Kevin Coughlin | Published: 12/1/2021

Is a bribe a bribe if there is no way you can deliver the goods? Former Morris County Freeholder John Cesar asked a judge to dismiss a six-count indictment against him. Cesaro was one of five public figures charged in a state bribery sting. At its center is attorney Matt O’Donnell, who secretly recorded audio and video of his conversations. Authorities say recordings captured Cesaro discussing and accepting illegal campaign donations in exchange for promises of tax appeals work for the county. But Cesaro had no authority to deliver, and O’Donnell knew it, contended Cesaro’s attorney.

New York – Former Buffalo Deputy Mayor’s Company Sentenced to Pay Restitution, Tiny Fine
Buffalo News – Matthew Spina | Published: 12/1/2021

Former Buffalo Deputy Mayor Steven Casey’s political consulting company is broke, so it will not have to pay a big fine, a federal judge ruled. LSA Strategies was sentenced to pay $8,283 restitution, a $400 court fee, and a fine of $69 to settle a single count of wire fraud. While moonlighting as a campaign strategist, Casey diverted the money to his company without the knowledge of a state Senate candidate he was serving in 2012. The restitution and court fee nearly depleted the company’s bank account.

New York – In the ‘New Albany,’ State Senate Regularly Outpaces Assembly on Reform
Gotham Gazette – Ethan Geringer-Sameth | Published: 12/1/2021

For years the Democratic majority in the New York State Assembly advanced bills its members knew the Republican-controlled Senate would not pass. Still other legislation, especially related to government ethics, transparency, and elections, stewed on the backburner with neither majority moving it forward. Those were the days of two-party rule in Albany, of a group of breakaway Democrats who buoyed Republicans, and a governor happy to straddle the middle. Since Democrats took over the Senate in 2019 those dynamics have shifted.

New York – NY Lt. Gov. Brian Benjamin Submitted Incorrect Information on Background Check
Yahoo News – Michael Gartland (New York Daily News) | Published: 11/22/2021

New York Lt. Gov. Brian Benjamin provided incorrect information on a background check he submitted to the governor’s office and state police as part of the vetting process he had to undergo to take on his current role. According to the background check form, which was signed by Benjamin, he answered “no” to an inquiry about whether he had ever been contacted by “a regulatory body concerning any possible legal, regulatory, ethical, or campaign finance, infraction or violation or investigation.” But Benjamin was contacted by at least two regulatory bodies over two campaign finance issues before the date he provided on the form.

New York – Rensselaer County Executive Steve McLaughlin Arraigned in State Probe
Albany Times Union – Kenneth Crowe and Brendan Lyons | Published: 12/1/2021

Rensselaer County Executive Steve McLaughlin stands accused of misusing campaign funds and falsifying campaign finance filings after a judge unsealed an indictment emerging from a long-running investigation by the state attorney general’s office and the FBI. The probe began as an investigation of his campaign for county executive and examined his financial dealings when he was a member of the New York Assembly. McLaughlin allegedly stole $5,000 from his campaign account in 2017 then falsely reported the expense in campaign documents filed with the state Board of Elections.

New York – Senate and Assembly Sexual Harassment Policies Are Not Strong Enough, Some Say
Albany Times Union – Michelle Del Rey | Published: 11/28/2021

Despite revisions to the New York Senate’s sexual harassment policy and state Assembly rules that lawmakers have touted as among the strongest in the nation, some say neither chamber’s policies go far enough to protect the employees that need it. The policies include provisions that some observers believe could discourage survivors from filing complaints, including a lack of transparency, and giving the Assembly speaker autonomy over final decisions once a complaint has been investigated and sustained.

North Dakota – North Dakota Ethics Measure Group Considers Complaint About Commission’s Transparency
Bismarck Tribune – Jack Dura | Published: 11/30/2021

Leaders of a 2018 ballot measure that created North Dakota’s Ethics Commission will consider filing a complaint about the board’s openness. The commission’s chairperson said he thinks the panel has been accessible to the public but acknowledged room for improvement. Members of North Dakotans for Public Integrity attended a public hearing intended to take public comment on proposed conflict-of-interest rules for state officials involved in “quasi-judicial” proceedings, such as members of the state Industrial Commission and the Public Service Commission.

Ohio – Big Questions Remain in Huge Medicaid Procurement
Ohio Capital Journal – Marty Schladen | Published: 11/29/2021

A Franklin County judge recently dismissed a lawsuit over the largest public procurement in Ohio history. But important questions remain about potential corruption and conflicts-of-interest among key players who had a say in how the contracts were awarded. The Ohio Department of Medicaid announced it was awarding a set of contracts worth $22 billion to six managed-care companies. A seventh got a $1 billion contract to set up and manage a program for children with complex behavioral needs. All the contracts but one went to huge, out-of-state companies, several of which have been accused by the state of fraud, price-gouging, or other issues.

Oregon – Redistricting Reduces Indigenous Voting Power in NW Legislative Races, Advocates Say
Portland Oregonian – Chris Aadland (Indian Country Today) | Published: 11/26/2021

As voting-rights advocates in Indian Country look to boost Indigenous representation in politics, some say redrawn political maps in Oregon will dilute the power of many Native American voters to elect the candidates who best understand their communities. At issue is how the state legislative maps were drawn for some Oregon tribal communities. Tribal advocates say the new districts will make it nearly impossible to elect candidates that are representative of those communities at a time when voter-engagement efforts were beginning to make that a possibility.

Pennsylvania – Pa. Commissioners Called LGBTQ Gathering a ‘Hate Group’ and Denied Funds to Library Where It Was to Meet. So Citizens Stepped In.
MSN – Sydney Page (Washington Post) | Published: 11/29/2021

The Fulton County Commission decided not to approve an additional $3,000 in funding for the local library, which has received $12,000 annually since 2016.Two commissioners on the three-member board said they denied the money because the library agreed to host a biweekly LGBTQ support group. Both commissioners claimed the LGBTQ community is considered a “hate group,” according to the Fulton County News. “If we support them, we have to support Proud Boys and Black Lives Matter,” Commissioner Randy Bunch is quoted as saying at a meeting.

South Carolina – SC Democrat Repeatedly Broke Ethics Law, Used Campaign Money to Pay for Netflix, Hulu
MSN – Caitlin Byrd (The State) | Published: 11/30/2021

Businessperson Phil Noble violated South Carolina law in 2018 when he spent thousands of campaign dollars on personal expenses, including Netflix and Hulu subscriptions, gourmet popcorn, and clothes from a Calvin Klein outlet store, all while his campaign failed to report details about who was contributing to his gubernatorial bid. One of Noble’s own campaign aides filed a complaint in October 2018 about insufficient and delinquent fundraising reports.

Texas – Reports Detail Texas Railroad Commissioners’ Ties to Oil and Gas Industry
Dallas Morning News – Philip Jankowsky | Published: 11/27/2021

A series of reports from an advocacy group has made broad allegations that all three elected members of the Texas Railroad Commission are too closely tied to the oil and gas industry they regulate. The nonprofit group Commission Shift in a series of reports undertaken with Texans for Public Justice alleges the Railroad Commission is a “captured” agency, one that has become so entwined with the industry it regulates that it can no longer effectively oversee it.

Virginia – Roanoke Councilman’s Magazine Refunds Money to City After Questions
Roanoke Times – Jeff Sturgeon | Published: 12/1/2021

Roanoke City Councilperson Robert Jeffrey Jr. engaged in a prohibited business transaction for $850 with the city earlier this year, according to an opinion of the Virginia Conflict of Interest and Ethics Advisory Council. Jeffrey, who accepted payment from the city for an advertisement in his magazine, has refunded the city’s money. Virginia law prohibits elected officials from receiving a financial benefit from any contract between their own governmental entity and themselves or their business.

Washington DC – For a City Still Struggling to Revitalize Its Downtown, Protests Become an Economic Lifeline
MSN – Emily Davies and Ellie Silverman (Washington Post) | Published: 11/29/2021

A subset of the local economy has become increasingly vital to the nation’s capital. With offices downtown still largely vacant and business travel to reach pre-pandemic levels, protests have become one of the most consistent draws to the District of Columbia – when out-of-towners come to exercise their First Amendment rights and then, maybe, go out to dinner. The National Park Service issued more than 245 demonstration permits from January through July of this year. City officials have embraced protest tourism in their attempts to revitalize downtown Washington.

Wisconsin – Panel Rules No Ethics Violation for Madison Assessor Who Gave Candy Bars to Review Body
Wisconsin State Journal – Logan Wroge | Published: 12/1/2021

The Madison Ethics Board dismissed a complaint against Chief City Assessor Michelle Drea. Developer Terrence Wall accused Drea of attempting to sway the Board of Review by giving out candy to members before a hearing on his objections to the assessment of two properties. Wall argued state and city ethics law prohibit providing “anything of value” to members of a public body if it could reasonably be expected to influence a vote or decision. “The candy is provided to ensure folks are not hungry and able to focus,” Drea said. “I just find it implausible to believe our ordinances disallow simple acts of kindness.”