August 31, 2023 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Elections National: “Republican Women, Fearing Backlash on Abortion, Pivot to Birth Control” by Annie Karni (New York Times) for Yahoo News National: “X to Allow Political Ads for the First Time Since 2019” by Rebecca Klar (The Hill) for Yahoo News Oregon: “Republican Senators, State […]

August 30, 2023 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “GOP Salivates at the Biggest Campaign Finance Win Since Citizens United” by Ally Mutnick and Zach Montellaro (Politico) for Yahoo News Hawaii: “Ex-Maui Rep Pleads No Contest to Campaign Spending Violation” by Kim Gamel for Honolulu Civil Beat Elections Louisiana: “Louisiana First […]

August 25, 2023 • Written by Jim Sedor

News You Can Use Digest – August 25, 2023

National/Federal Democratic Group Plans $10 Million Push to Protect Election Officials DNyuz – Nick Corasaniti (New York Times) | Published: 8/17/2023 A group that works to elect Democrats as the top election officials in states around the country is planning a $10 […]

National/Federal

Democratic Group Plans $10 Million Push to Protect Election Officials

DNyuz – Nick Corasaniti (New York Times) | Published: 8/17/2023

A group that works to elect Democrats as the top election officials in states around the country is planning a $10 million venture to pay for private security for election officials of both parties, register new voters, and try to combat disinformation. The Democratic Association of Secretaries of State is starting a tax-exempt organization called Value the Vote that will initially focus on five battleground states: Georgia, Arizona, North Carolina, Nevada, and Wisconsin.

Special Counsel Says D.C. Grand Jury on Trump Documents Case Has Ended

MSN – Devlin Barrett (Washington Post) | Published: 8/22/2023

The federal grand jury in the District of Columbia that helped investigate Donald Trump’s alleged mishandling of classified documents has ended, special counsel Jack Smith said in a court filing, which laid out new details about how the probe quietly expanded to look at alleged coverup efforts. Prosecutors and defense lawyers are sparring over the use of two grand juries to investigate Trump’s alleged hoarding of classified documents at Mar-a-Lago, his home and private club. Trump is charged with illegally retaining national defense information after leaving the White House and obstructing efforts to retrieve the material.

Republican Rivals Clash Sharply in Combative Debate with No Trump

MSN – Josh Dawsey, Michael Scherer, and Marianne LeVine (Washington Post) | Published: 8/23/2023

Republican presidential contenders targeted each other as much as they did the absent front-runner, Donald Trump, in a combative first debate with a series of clashes reflecting the fierce competition to emerge as the main alternative to the former president. Trump’s decision to skip the event, a choice that highlighted his commanding polling lead, left him without a defense over two hours that marked the official start of the nomination battle. His biggest consolation came when all but one of the candidates onstage raised their hands to signal they would support Trump if he won the nomination and was convicted of a crime in a court of law.

State Lawmakers Move to Ban Chinese Land Ownership

MSN – Kimberly Kindy (Washington Post) | Published: 8/21/2023

In Washington, D.C., the White House and federal lawmakers are pursuing ways to constrain Chinese-owned businesses like TikTok amid a bipartisan push to limit China’s reach. Now state legislators have embraced a novel, locally focused tactic aimed at China’s domestic investments: restrictions on Chinese land ownership. Lawmakers in 33 states have introduced bills this year that would prohibit the Chinese government, some China-based businesses, and many Chinese citizens from buying agricultural land or property near military bases.

Super PACs Raise Millions as Concerns About Illegal Campaign Coordination Raise Questions

OpenSecrets – Maia Cook | Published: 8/18/2023

Super PACs, now a staple in modern presidential campaigns, are already gearing up to spend unlimited sums to support and oppose candidates for the 2024 election and many of those groups have a cozy relationship with the candidates they support. This might raise eyebrows to people that remember Citizens United, which stated any coordination between a campaign committee and an outside group backing their campaign – including PACs, corporations, nonprofits, and unions – is illegal.

As Ranked Choice Voting Gains Momentum, Parties in Power Push Back

Stateline – Matt Vasilogambros | Published: 8/21/2023

Over the past decade, ranked choice voting has become increasingly popular. From conservative Utah to liberal New York City, 13 million American voters in 51 jurisdictions now use the system, under which voters rank candidates based on preference, leading to an instant runoff in a crowded race. This year, Democrats and Republicans in power pushed back. Arguing that ranked choice voting is too complicated for voters to understand, Democrats in the District of Columbia and Republicans in states such as Idaho, Montana, and South Dakota took steps to prevent adoption of the voting system.

How Mark Meadows Pursued a High-Wire Legal Strategy in Trump Inquiries

Yahoo News – Jonathan Swan, Alan Feuer, Luke Broadwater, and Maggie Haberman (New York Times) | Published: 8/22/2023

After receiving a subpoena from a grand jury investigating former President Trump’s attempts to overturn the 2020 election, Mark Meadows started a delicate dance with federal prosecutors. He had no choice but to testify eventually. Yet Meadows –Trump’s final White House chief of staff – initially declined to answer certain questions, sticking to his former boss’s position they were shielded by executive privilege. But when prosecutors working for special counsel Jack Smith challenged Trump’s executive privilege claims before a judge, Meadows pivoted.

From the States and Municipalities

Alabama – House Committee to Consider Ethics Reform

Alabama Daily News – Mary Sell | Published: 8/20/2023

The Alabama House Ethics Committee will begin discussing possible changes to the state’s multiple ethics laws that apply to elected officials, government employees, and lobbyists. The committee will first review a 2019 report from the Code of Ethics Clarification and Reform Commission, a group created by the Legislature to propose changes to existing ethics laws.

California – California Boards Want to Keep Pandemic Rules for Public Meetings. Critics Call It Bad for Democracy

CalMatters – Sameea Kamal | Published: 8/23/2023

State boards are backing a bill to continue the exemptions from California’s open meetings law. An unusual coalition of good government, press, taxpayer, and industry groups is fighting back. Senate Bill 544 seeks to remove requirements to post all teleconference locations, post agendas at each location, and make those locations accessible to the public. The bill’s opponents – a rare coalition of good government, press, taxpayer. and industry groups – say Californians should be able to address their government officials in person.

California – Amid Outcry, L.A. City Council Defends Rejection of Ethics Nominee

MSN – Dakota Smith and David Zahniser (Los Angeles Times) | Published: 8/23/2023

When the city council voted down a proposed appointment to the city Ethics Commission, it all happened quickly and quietly. No one on the council offered a reason for the swift, and some say brutal, unanimous vote rejecting Jamie York. But after days of complaints from York’s allies and neighborhood council leaders, the explanations have come tumbling out.

California – Ex-Anaheim Mayor to Plead Guilty to Corruption Charges Tied to Angel Stadium Sale

MSN – Adam Elmahrek, Nathan Fenno, and Gabriel San Román (Los Angeles Times) | Published: 8/16/2023

Former Anaheim Mayor Harry Sidhu agreed to plead guilty to four criminal charges, capping a years-long investigation into alleged corruption that led to his resignation and scuttled the city’s $320 million sale of Angel Stadium. The charges against Sidhu include lying to FBI agents about not expecting to receive anything from the Angels when the transaction closed – secret recordings captured him saying he hoped to secure a $1-million campaign contribution – and destroying an email in which he provided confidential information about the city’s negotiations to a team consultant.

California – Ad Giant Plans to Use People’s Data to Knee-Cap Bill Regulating Data

MSN – Alfred Ng (Politico) | Published: 8/18/2023

One of the world’s largest advertising firms is crafting a campaign to thwart a California bill intended to enhance people’s control over the data that companies collect on them. Records show Interpublic Group emails reveal how an advertising company could use that same personal data and targeting capabilities to undermine a public policy proposal that threatens its bottom line.

California – SLO County Legislator Fined for Accepting Campaign Donation from a Lobbyist

Yahoo News – Stephanie Zappelli (San Louis Obispo Tribune) | Published: 8/19/2023

California Assemblyperson Dawn Addis was fined for accepting a campaign contribution from a lobbyist. When Addis ran for the Assembly in 2019, her campaign accepted a $250 donation from lobbyist Steve Black. The Political Reform Act bans lobbyists from donating to candidates running for office, and candidates from accepting such contributions. Both Addis and Black said they were unaware of the ban.

Colorado – 10th Circuit Reinstates Challenge to Colorado’s Regulations on Ballot Issue Advocacy Groups

Colorado Politics – Michael Karlik | Published: 8/23/2023

A trial judge threw out a lawsuit from the Colorado Union of Taxpayers over the state’s rules for advocating on ballot initiatives after finding the conservative advocacy group had not shown the government was likely to take enforcement action against it for failing to comply with the transparency regulations. But a three-judge panel of the U.S. Court of Appeals for the 10th Circuit ruled the group had a reasonable fear of drawing a complaint about its spending without registering, and, therefore, had the ability to sue over the campaign finance law.

District of Columbia – D.C. Attorney General Is Probing Leonard Leo’s Network

MSN – Heidi Przybyla (Politico) | Published: 8/22/2023

District of Columbia Attorney General Brian Schwalb is investigating judicial activist Leonard Leo and his network of nonprofit groups. The scope of the probe+ is unclear. But it comes after it was reported that one of Leo’s nonprofits paid his for-profit company tens of millions of dollars in the two years since he joined the company. A complaint was filed with the attorney general and the IRS requesting a probe into what services were provided and whether Leo was in violation of laws against using charities for personal enrichment.

Florida – DeSantis’ Disney Chief Glen Gilzean Resigns from Ethics Commission

MSN – Skyler Swisher (Orlando Sentinel) | Published: 8/22/2023

Glen Gilzean resigned as chairperson of the Florida Commission on Ethics so he can keep his $400,000-a-year job leading Gov. Ron DeSantis’s Disney World oversight district. In his resignation letter, Gilzean wrote he was unaware of a potential conflict-of-interest under state law until media reports flagged it.

Florida – ‘I Could Sell Golf’: How DeSantis and aides courted lobbyists for campaign cash

MSN – Isaac Arnsdorf and Josh Dawsey (Washington Post) | Published: 8/20/2023

Fundraisers for Florida Gov. Ron DeSantis hoped some lobbyists in the state would raise at least $1 million each for his PAC, the state, and the Republican Governors Association, according to a document from his primary fundraiser. The document suggested lobbyists be allowed to offer their clients perks, such as meals and rounds of golf with DeSantis. While it is common for politicians to seek donations from lobbyists, the efforts by DeSantis to effectively auction off his leisure time to those seeking to influence state policy created a special pathway of access for donors that is striking in the way it was documented in writing, ethics experts said.

Florida – Deal Reached in Florida Redistricting Lawsuit. Outcome Is a Gamble for DeSantis and Democrats

MSN – Mary Ellen Klas (Miami Herald) | Published: 8/15/2023

Gov. Ron DeSantis’s decision to dismantle a congressional district formerly held by a Black Democrat could be reversed according to a surprise agreement between lawyers for the state and civil rights groups challenging Florida’s map. Under the agreement the plaintiffs will drop their legal challenges to congressional districts in Central Florida and the Tampa Bay area, and focus arguments on the North Florida district they say violates state and federal voting rights protections for Black voters.

Florida – Suarez’s VIP Appearances at F1, World Cup Spark Complaint to State Ethics Commission

Yahoo News – Sarah Blaskey and Joey Flechas (Miami Herald) | Published: 8/22/2023

The Florida Commission on Ethics is reviewing a complaint over Miami Mayor Francis Suarez’s attendance at exclusive, high-priced sporting events since the start of 2022. The complaint asks ethics officials to investigate Suarez’s VIP access to various events, including the Miami Formula One race in May 2023, and whether somebody else paid. Suarez, who was invited along with his wife to this year’s race by a billionaire with business before the city, says he reimbursed the businessperson. He did not provide proof. If he did repay in full, the tickets would not be a gift and he would not have to disclose them.

Georgia – Judge Approves $200,000 Bond for Trump in Georgia Election Case

MSN – Holly Bailey (Washington Post) | Published: 8/21/2023

A judge approved a $200,000 bond for former President Trump, who is expected to surrender on charges he and 18 allies illegally conspired to overturn Trump’s 2020 election loss in Georgia. The consent bond order sets strict rules for Trump’s release. He is not allowed to communicate with witnesses or co-defendants about the case, except through his lawyers, and he is barred from intimidating witnesses or co-defendants.

Illinois – What Would It Take for Chicago’s City Council to Be More Independent?

WBEZ – Tessa Weinberg | Published: 8/16/2023

As the Chicago City Council enters its 100th year under its modern form, some aldermen, good government advocates, and political science experts say despite incremental progress, the council still has institutional inertia to overcome before it can operate independently from the historical grip the mayor’s office has held. Proposals include altering the council’s structure, more robustly staffing fiscal and legislative agencies, and a wholesale reset on Chicago’s municipal governance by codifying reforms in a city charter.

Kansas – Confidential Affidavits Detail Reasoning for Police Raid of Kansas Newspaper

MSN – Jonathan O’Connell and Jon Swaine (Washington Post) | Published: 4/19/2023

Newly unsealed court records provide insight into how law enforcement justified an unusual raid of the office of a Marion, Kansas, newspaper, a decision that has drawn widespread condemnation from news organizations and press freedom advocates. The Marion County Sheriff’s office said it was investigating “identity theft” and “unlawful acts concerning computers” when it searched the offices of the Marion County Record, the home of the paper’s publisher Eric Meyer, and the home of a local city council member – seizing computers, cell phones, and other materials, according to search warrant affidavits.

Kentucky – Ethics Trial for Metro Council Member Who Pushed $40 Million Grant for Future Employer Starts Monday

Louisville Public Media – Roberto Roldan | Published: 8/20/2023

Metro Councilperson Anthony Piagentini was an early supporter of a plan by the Louisville Healthcare CEO Council to train hundreds of entry-level workers and build an “innovation corridor” in the city. But when the $40 million project came up for a final vote in December, Piagentini abstained and removed himself as a co-sponsor without explanation. It was later found he took a job with the Healthcare CEO Council one day after the metro council approved funding. Piagentini faces an ethics board hearing in the case.

Maryland – Accepting Bribes Isn’t Permitted in Baltimore, Housing Commissioner Says

Baltimore Brew – Mark Reutter | Published: 8/23/2023

Baltimore Housing Commissioner Alice Kennedy issued an unusual memorandum recently. Titled “Attempted Bribes,” it informed her staff that “City of Baltimore employees are not permitted to accept bribes.” Kennedy listed the processing of permits, performing building inspections, issuing housing code violations, and acquiring and disposing of property as potential interactions where bribes could take place. Her memo came on the heels of an alert by Inspector General Isabel Mercedes Cumming, which found building inspectors were not sure what to do when they were offered cash or gift cards.

Maryland – Baltimore County Inspector General Kelly Madigan Issues Annual Report Following Commission Recommendations

MSN – Lia Russell (Baltimore Sun) | Published: 8/16/2023

In the three years since its inception, Baltimore County Inspector General Kelly Madigan’s office has gone from three people toiling in a small windowless room to doubling its staff size and budget. That was the main message of its annual report, summarizing what Madigan’s office has accomplished during the previous fiscal year. The office is charged with rooting out fraud, misconduct, and waste within county government.

Michigan – Former Taylor Mayor Rick Sollars Enters Plea Agreement in Federal Corruption Case

WXYZ – Staff | Published: 8/22/2023

The former mayor of Taylor, Michigan, is facing years in prison after entering into a plea agreement in a federal corruption case. Sollars admitted to bribery concerning programs receiving federal funds by accepting things of value to influence and reward business transactions related to the city’s Right of Refusal program. The indictment said Sollars accepted over $30,000 in renovations to his home, more than $12,000 worth of household appliances and cabinets, cash, and other items to give a company city business.

Nebraska – Judge Rules Former Omaha City Councilman Vinny Palermo Will Stay in Jail Prior to Sentencing

Omaha World-Herald – Lauren Wagner and Molly Ashford | Published: 8/23/2023

A federal judge rejected a third attempt by former Omaha City Councilperson Vincent Palermo to be released from custody. Magistrate Judge Cheryl Zwart said there was no reason to allow Palermo to be released after he pleaded guilty to a federal charge recently. She also had concerns about Palermo obstructing justice if released. Palermo admitted to conspiring with his co-defendants to deprive the citizens of Omaha of honest representation by their city council member.

New Jersey – Feds Once Subpoenaed Records for 2 Murphy Advisers – Including One Now Running for N.J. Assembly

MSN – Matt Arco, Brent Johnson, and Susan Livio (NJ Advance Media) | Published: 8/21/2023

Two longtime advisers to New Jersey Gov. Phil Murphy, including one who is poised to run for the state Assembly in the fall, were once the subject of a federal subpoena seeking records related to them and their consulting and lobbying firms. In the subpoena, federal prosecutors requested the recipient to present emails and documents to or from Brendan Gill, his public affairs consulting firm, The BGill Group, and the lobbying firm he is affiliated with, Public Strategies Impact. The subpoena, issued in February 2020, also sought similar documents and emails to and from Adam Alonso, Murphy’s former deputy chief of staff.

New Jersey – Democrat Challenging Testa Is Ghosting the Campaign

Press of Atlantic City – Bill Barlow | Published: 8/23/2023

Charles Laspata filed petitions in the spring to challenge incumbent New Jersey Sen. Michael Testa, It does not appear that Laspata has done much about the campaign since then. Democratic leaders in Cape May and Cumberland counties say they have not heard from Laspata, and attempts to contact him through email, social media, and by phone have been unsuccessful. The website of the Election Law Enforcement Commission does not show any of Lasopata’s required campaign finance forms have been filed for the primary election.

New Mexico – Judge Tosses New Mexico’s Political Contribution Limits

Yahoo News – Colleen Heild (Albuquerque Journal) | Published: 8/17/2023

Some provisions of a New Mexico campaign finance law limiting the amount of money state political parties can give are unconstitutional, a federal judge ruled. The court enjoined the state from enforcing its $11,000 limit on contributions from state political parties to gubernatorial candidates or candidate committees; its $5,500 limit per election cycle for all other candidates; and the state’s $5,500 cap from state political parties to county parties. The judge upheld a $27,500 cutoff on donations from individuals and entities to state political parties.

North Carolina – N.C. Republican Bill Limits Mail Voting, Private Election Funding

MSN – Mariana Alfaro (Washington Post) | Published: 8/17/2023

Republicans in North Carolina passed election administration legislation that curtails absentee voting, empowers partisan poll watchers, and restricts private funding for elections. Voting rights advocates and Democrats have warned the measure, which passed both chambers in the Legislature along party lines, erodes access to the ballot in the battleground state. Gov. Roy Cooper is expected to veto the legislation, but Republicans can overturn his decision because they have veto-proof majorities in both legislative chambers.

Oklahoma – Oklahoma May Have to Go Back to Paper Filings for Campaign Finance Reports, Official Warns

Tulsa World – Barbara Hoberock | Published: 8/23/2023

With funding of critical concern, trouble appears to be on the horizon for Oklahoma’s electronic campaign filing system. In a letter to lawmakers and Gov. Kevin Stitt, outgoing state Ethics Commission Executive Director Ashley Kemp said the system needs an upgrade or replacement. She suggested that going back to paper filings would be an option.

Oregon – Oregon Labor Group Launches End Run Around Effort to Curb Political Donations, Shed Light on Dark Money

MSN – Hillary Borrud (Portland Oregonian) | Published: 8/21/2023

A nonprofit led by Orego’s public employee unions filed two ballot measure proposals that contain an end-run strategy aimed at defeating a proposal that campaign finance reformers have been working to qualify for the ballot to cap contributions and shed light on “dark money.” The two measures that Our Oregon filed to get on the ballot in 2024 would similarly limit the size of donations, but they would allow unions, business associations, and other membership organizations to continue sending hundreds of thousands or even millions of dollars to candidates.

Pennsylvania – Newly Introduced Legislation Would Increase Campaign Finance Transparency in Pennsylvania

WTAJ – Rebecca Parsons | Published: 8/23/2023

A new bill in Pennsylvania aims to increase transparency in elections by requiring campaigns and campaign organizations to itemize reimbursements on campaign finance reports. “… Donors give to campaigns with the expectation that their funds are going to be used for legitimate campaign expenditures and they deserve to know specifically how that money is being spent …,” said Rep. Jamie Barton, the bill’s sponsor.

Rhode Island – What Is ‘Red-Boxing’ and Why Is it an Issue in R.I.’s Congressional Race?

MSN – Edward Fitzpatrick (Boston Globe) | Published: 8/23/2023

Rhode Island’s First Congressional District race has delved into matters of climate change, defense spending, and education, but a less familiar issue is emerging as the campaign enters its final two weeks: “red-boxing.” Lt .Gov. Sabina Matos, one of 12 Democrats in the race, has accused rival Aaron Regunberg of lying about publishing information on his campaign website that she claims was aimed at helping a super PAC boost his candidacy. Regunberg in turn has accused Matos and other candidates of posting information intended for super PACs backing their campaigns.

South Carolina – Former Richland Councilwoman Used Taxpayer Money for Groceries, Ethics Commission Says

Charleston Post and Courier – Skylar Laird | Published: 8/17/2023

Former Richland County Councilperson Gwen Kennedy used her county taxpayer money to buy groceries, as well as “double dip” on travel expenses, and buy gas multiple times on the same day, a South Carolina Ethics Commission attorney said. Kennedy also misused campaign funds while running for county council, failed to file a number of required disclosures, and violated several other state ethics laws, commission General Counsel Courtney Laster said.

South Dakota – Rapid City Senator Resigns After She Violated Constitution for Accepting COVID-19 Funds

MSN – Annie Todd (Sioux Falls Argus Leader) | Published: 8/17/2023

State Sen. Jessica Castleberry announced her resignation after an investigation found she violated the South Dakota State Constitution by accepting federal funds for her small business. Castleberry will be required to repay the state $499,129 with interest after she accepted COVID-19 stimulus funds for her daycare. Attorney General Marty Jackley said none of the money was spent inappropriately and went toward Department of Social Services-approved expenditures. He did not say why it took three years for someone to notice the expenditures.

Texas – New Paxton Impeachment Files Detail Interventions, Secret Trips, Donor’s ‘Shell’ Companies

MSN – Lauren McGaughy (Dallas Morning News) | Published: 8/18/2023

Thousands of pages of newly released documents purport to reveal the depth of the relationship between Ken Paxton and Nate Paul, the real estate developer at the center of the Texas attorney general’s impeachment case. The evidence goes to the heart of the impeachment allegations, that Paxton used his power to help Paul thwart a federal investigation into his business, which had been raided by the FBI in 2019, and Paul bribed Paxton by funding a home remodel and giving a job to a woman with whom Paxton allegedly had an affair.

Washington – AG Bob Ferguson Backs Down on Campaign ‘Surplus’ Money, Files Reports Disclosing Donors

Seatte Times – Bob Brunner | Published: 8/19/2023

After months of resistance, Washington Attorney General Bob Ferguson disclosed the donors behind more than $1.2 million in surplus campaign funds from past years he shifted to his 2024 gubernatorial bid. Ferguson pumped the cash into his campaign in April and May, getting ahead of a state Public Disclosure Commission vote that aimed to close the loophole allowing such anonymous transfers, which critics said violate the spirit of campaign finance laws.

Wisconsin – Republicans Ask Newly Elected Liberal Justice Janet Protasiewicz to Not Hear Redistricting Case

MSN – Scott Bauer (Milwaukee Journal Sentinel) | Published: 8/23/2023

Republicans who control the Wisconsin Legislature asked that the newest Democratic-backed justice on the state Supreme Court recuse herself from lawsuits seeking to overturn GOP-drawn electoral maps, arguing she has prejudged the cases. Republicans argue in motions filed with the Wisconsin Supreme Court that Justice Janet Protasiewicz cannot fairly hear the cases because during her campaign for the seat she called the Republican-drawn maps “unfair” and “rigged” and said there needs to be “a fresh look at the gerrymandering question.”

August 24, 2023 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance Colorado: “10th Circuit Reinstates Challenge to Colorado’s Regulations on Ballot Issue Advocacy Groups” by Michael Karlik for Colorado Politics Rhode Island: “What Is ‘Red-Boxing’ and Why Is it an Issue in R.I.’s Congressional Race?” by Edward Fitzpatrick (Boston Globe) for MSN Elections […]

August 21, 2023 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance New Mexico: “Judge Tosses Parts of NM Campaign Finance Law” by Colleen Heild for Albuquerque Journal Elections National: “Democratic Group Plans $10 Million Push to Protect Election Officials” by Nick Corasaniti (New York Times) for DNyuz North Carolina: “N.C. Republican Bill Limits Mail […]

August 18, 2023 • Written by Jim Sedor

News You Can Use Digest – August 18, 2023

National/Federal ‘Biased.’ ‘Corrupt.’ ‘Deranged.’ Trump’s Taunts Test Limits of Release. Buffalo News – Maggie Haberman, Jonathan Swan, and Alan Feuer (New York Times) | Published: 8/16/2023 After eight years of pushing back at a number of institutions in the U.S., Donald Trump […]

National/Federal

‘Biased.’ ‘Corrupt.’ ‘Deranged.’ Trump’s Taunts Test Limits of Release.

Buffalo News – Maggie Haberman, Jonathan Swan, and Alan Feuer (New York Times) | Published: 8/16/2023

After eight years of pushing back at a number of institutions in the U.S., Donald Trump is now probing the limits of what the criminal justice system will tolerate and the lines that District Court Judge Tanya Chutkan sought to lay out about what he can say about the election interference case she is overseeing. He has waged a similarly defiant campaign against others involved in criminal cases against him. Some lawyers have said if Trump were an ordinary citizen issuing these attacks, he would be in jail by now. The question is whether Trump will face consequences for this kind of behavior ahead of a trial.

Sam Bankman-Fried Donated Millions to ‘Weed Out Anti-Crypto’ Politicians, New Evidence Says

Business Insider – Peter Syme | Published: 8/15/2023

New evidence that prosecutors want to use against Sam Bankman-Fried details how one high-ranking FTX executive knew his boss’s political donations were designed to gain favorable influence in Washington D.C. The FTX founder gave nearly $40 million to Democrats and PACs during last year’s midterm elections. Although prosecutors have put that number as high as $100 million because they say Bankman-Fried funneled millions of dollars more through FTX executives. Prosecutors say the donations were funded by money taken from FTX customers.

Appeals Court Weighs Order on Social Media Content Moderation

MSN – Ryan Tarinelli (Roll Call) | Published: 8/10/2023

An appellate court panel heard arguments about a lower court ruling that would restrict the Biden administration’s ability to interact with social media companies on content moderation. An injunction, which the U.S. Court of Appeals for the Fifth Circuit has paused for now, would block various federal government entities from contacting in any form social media companies to remove content with “protected free speech.” The panel, which reserved its most probing questions for the Justice Department, did not indicate when it might rule.

What Judicial Ethics Rules Say About Clarence Thomas’ Lifestyle Bankrolled by His Friends

MSN – Tierny Sneed (CNN) | Published: 8/13/2023

It is undeniable that Supreme Court Justice Clarence Thomas’s friendships with billionaires willing to foot his bill on their vacations together have given the conservative jurist a lifestyle most Americans could only dream of. But determining whether Thomas violated ethics rules and laws by failing to disclose that hospitality is tricky. The law in question is the Ethics in Government Act, and how it should be applied to the extravagant travel that Thomas and other justices have been treated to has been a subject of debate.

Santos Fundraiser Charged with Impersonating House Leadership Aide

The Hill – Zach Schonfeld and Mychael Schnell | Published: 8/16/2023

Samuel Miele, a fundraiser for U.S. Rep. George Santos, was indicted on allegations he had impersonated a top aide to a member of House leadership while soliciting donations for Santos’s campaign. Miele is charged with four counts of wire fraud and one count of aggravated identity theft. While court documents do not identify the impersonated aide’s name or the lawmaker they work for, a complaint filed with the FEC accused Miele of impersonating Dan Meyer, who previously served as chief of staff to Speaker Kevin McCarthy.

Special Counsel Obtained Trump’s Twitter Direct Messages

The Hill – Rebecca Beitsch | Published: 8/16/2023

Special counsel Jack Smith sought to review former President Trump’s direct messages, draft tweets, and location information as his office battled for information related to his account on X, formerly known as Twitter. Newly unsealed court records offer more detail about what prosecutors were looking for when they subpoenaed records related to the Twitter account in January, a request granted by the court.

With an Array of Tactics, Conservatives Seek to Oust Progressive Prosecutors

Yahoo News – J. David Goodman (New York Times) | Published: 8/12/2023

There is an expanding campaign by conservatives across the country to limit the power of Democratic prosecutors who have promised to reform the criminal justice system, or else to oust the prosecutors altogether. More than two dozen bills have been introduced in 16 states to limit prosecutors’ power, mostly in Republican-controlled states. Several of those bills have become law. Despite attacks on their policies and attempts to blame them for rising crime, progressive prosecutors have continued to win many elections.

FEC Moves Forward Potentially Regulating AI Deepfakes in Campaign Ads

Yahoo News – Ali Swenson (Associated Press) | Published: 8/10/2023

The FEC began a process to potentially regulate AI-generated deepfakes in political ads ahead of the 2024 election, a move advocates say would safeguard voters against a particularly insidious form of election disinformation. The FEC’s unanimous procedural vote advances a petition asking it to regulate ads that use artificial intelligence to misrepresent political opponents as saying or doing something they did not, a stark issue that is already being highlighted in the current Republican presidential primary.

Spiraling Legal Bills Threaten Trump with a Cash Crunch

Yahoo News – Shane Goldmacher and Maggie Haberman (New York Times) | Published: 8/11/2023

Donald Trump’s legal problems are not just piling up – his legal bills are, too. New financial reports show the former president’s various political committees and the super PAC backing him have used roughly 30 cents of every dollar spent so far this year on legal-related costs. The total amounts to more than $27 million in legal fees and other investigation-related bills in the first six months of 2023. The new disclosures revealed the remarkable degree to which Trump’s political and legal cash are intermingled, much like his own political and legal fate.

From the States and Municipalities

Canada – Federal Liberals Have Gone More Than Six Months Without Appointing Ethics Watchdog

MSN – Canadian Press | Published: 8/15/2023

The federal government has remained without a conflict-of-interest and ethics watchdog for more than six months, a vacancy that the most recent commissioner says is putting investigations on hold and could allow violations to go unnoticed. Mario Dion retired in February after serving as the last permanent commissioner. Martine Richard took on an interim role in April. But she resigned within weeks because of controversy over the fact she is the sister-in-law of Intergovernmental Affairs Minister Dominic LeBlanc.

Alabama – Alabama Republicans Defend Not Creating a Second Majority Black District in Court

Yahoo News – Zach Montellaro (Politico) | Published: 8/14/2023

Alabama Republicans were ordered by a federal court to redraw their congressional maps to ensure there were two majority-Black districts. They did not. Instead, they are going back to the same federal court after the Supreme Court weighed in, this time to argue their attempts at coming up with a new map are good enough. Plaintiffs argued the new districts plainly do not meet the court’s standards, and Republicans were engaging in political gamesmanship by ignoring the court and drawing lines that would still only present Black voters the opportunity to elect the candidate of their choosing in one district.

Arizona – Arizona Lawmakers Move to Block ‘Dark Money’ Law

Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 8/7/2023

With efforts by one set of foes already rebuffed, Arizona’s top Republican lawmakers are making their own bid to quash a new state law designed to shine a light on “dark money.” In a new court filing, Senate President Warren Petersen and House Speaker Ben Toma contend Proposition 211 infringes on the constitutional right of the Legislature to make laws. They want Maricopa County Superior Court Judge Frank Moskowitz to override what voters approved just last year.

California – Former Planning Commissioner Agrees to $24K Ethics Fine

Mission Local – Joe Eskenazi | Published: 8/15/2023

Former San Francisco Planning Commission member Frank Fung admits he contracted with a city entity while serving as a city officer and faces a five-digit fine. Fung, a 20-year city appointee who served on the Planning Commission until June 2022, agreed to a settlement in which he will pay $24,200.

California – Report: Anaheim PACs, campaigns coordinated in 2018 mayor race, possibly violating law

MSN – Michael Slaten and Tony Saavedra (Orange County Register) | Published: 8/10/2023

Investigators in Anaheim found deep levels of coordination between PACs and former Mayor Harry Sidhu’s campaign in 2018, a possible violation of state election laws. Investigators from JL Group said former Core Strategic Group Chief Executive Officer Jeff Flint and former Anaheim Chamber of Commerce Chief Executive Officer Todd Ament ran many campaign meetings for Sidhu while also coordinating spending through independent expenditures.

California – Oakland Lobbyists Must Pay to Play, Officials Say

Oaklandside – Eli Wolfe | Published: 8/10/2023

Oakland requires lobbyists to register and disclose basic information about who is employing them, how much they are paid, and who in the city they contacted. The Public Ethics Commission agreed to send the city council several recommendations to change to the lobbying law. The commission wants to carve out some exceptions to lobbyist registration fees. They want to grant a fee waiver to 501(c)(3) nonprofit organizations with less than $750,000 in annual revenue, and a reduction for small businesses with less than $200,000 in annual revenue.

California – Big Business Is Using the Popular Vote to Bypass California Law

Politico – Jeremy White | Published: 8/14/2023

Industry groups and wealthy activists have figured out how to use California;s direct democracy system in ways that are changing how policy is made, prompting pushback from unions and others. Like never before, the business of lawmaking in Sacramento is intertwined with a ballot initiative industry that churns through hundreds of millions of dollars each cycle, and policy battles loop from the Legislature to the streets back to the Legislature again.

California – BART President Fined for Failing to Register as San Francisco Bike Lobbyist

San Francisco Standard – Eddie Sun | Published: 8/15/2023

Bay Area Rapid Transit Board President Janice Li agreed to a $5,275 fine for failing to register as a lobbyist for the San Francisco Bicycle Coalition. The coalition’s former executive director, Brian Wiedenmeier, was also named in the complaint. Li served as the nonprofit’s advocacy director from 2015 to 2022. The two qualified as “contact lobbyists” under local law because they reached out to city officials about coalition business at least five times a month.

California – Investigators Find Anaheim Failed to Oversee Free Tickets for Over a Decade

Voice of OC – Noah Biesiada | Published: 8/9/2023

Anaheim leaders give out hundreds of free tickets every year to events at Angel Stadium and the Honda Center, but a new investigation into alleged corruption found the city has failed to stop those tickets from going into the hands of special interests for years. While the city has a policy that requires city leaders to state a reason for giving out tickets, investigators from the JL Group noted there is no penalty for violating that policy, and it is easy to circumvent.

California – Proposed Anaheim Reforms Sputter as City Council Disputes Corruption Probe Findings

Voice of OC – Hosam Elattar | Published: 8/16/2023

Anaheim Mayor Ashleigh Aitken’s proposed reforms to safeguard against corruption fell apart as her city council colleagues criticized an independent investigation and significantly softened every one of the mayor’s reform recommendations. Independent investigators put together a scathing report that alleges “pay-to-play” conspiracies, misconduct, a misuse of federal COVID dollars, and outsized influence by Disneyland resort interests on City Hall.

Florida – State Appeals Lobbying Decision

Citrus County Chronicle – Jim Saunders (News Service of Florida) | Published: 8/14/2023

Florida Attorney General Ashley Moody appealed a federal judge’s ruling that blocked part of a state constitutional amendment imposing new lobbying restrictions. U.S. District Court Judge Beth Bloom issued a permanent injunction against a restriction on state and local officials lobbying other government bodies while in office. Bloom said the restriction violated First Amendment rights. The state separately requested a stay that would lead to the injunction only applying to Miami-Dade County Commissioner Rene Garcia while the appeal moves forward.

Florida – Tallahassee’s Ethics Board Considers Tightening the Definition of a Lobbyist

WFSU – Margie Menzel | Published: 8/15/2023

The Tallahassee Independent Ethics Board agreed to continue discussions on why the number of lobbyists registered with the city has plummeted. Critics say there is a loophole to evade that registration, which would require reporting one’s clients and fees.

Florida – Florida Ethics Chairman Took a New Job That May Create a $400K Ethical Conflict

Yahoo News – Romy Ellenbogen (Miami Herald) | Published: 8/14/2023

The head of Florida’s ethics commission may have violated one of the commission’s own rules. Glen Gilzean, the chairperson of the Florida Commission on Ethics, was appointed in 2019 by Gov. Ron DeSantis. But Gilzean in May also took on another role, as the new administrator of the DeSantis-controlled Central Florida Tourism Oversight district, a special district formerly that governs Walt Disney World and two surrounding cities. State law says members appointed to the state ethics commission may not “hold any public employment.”

Georgia – With Racketeering Charges, Georgia Prosecutor Aims to ‘Tell the Whole Story’

Yahoo News – Richard Fausset and Danny Hakim (New York Times) | Published: 8/15/2023

Fulton County District Attorney Fani Willis is using the state’s version of the Racketeer Influenced and Corrupt Organizations Act (RICO) to go after former President Trump, who along with 18 of his allies was indicted on charges of participating in a wide-ranging conspiracy to overturn the results of the 2020 election in Georgia. One power of RICO is that it often allows a prosecutor to tell a sweeping story, not only laying out a set of criminal acts but identifying a group of people working toward a common goal, as part of an “enterprise,” to engage in patterns of illegal activities.

Idaho – ‘Conflict of Interest’: Idaho AG gave officials legal advice, then investigated them

Yahoo News – Ryan Suppe (Idaho Statesman) | Published: 8/11/2023

A judge ruled Idaho Attorney General Raúl Labrador had a “notable conflict of interest” when his office began investigating officials with the state Department of Health and Welfare over how it distributed federal child-care grants. The health officials were the attorney general’s clients, and a lawyer under Labrador had advised them the grants in question were legally distributed.

Illinois – Former Ald. Brookins Won’t Have to Pay $5,000 For Violating Ethics Ordinance After Lawsuit Against Ethics Board Is Dismissed

WTTW – Heather Cherone | Published: 8/15/2023

Former Ald. Howard Brookins will not have to pay a $5,000 fine for violating the city’s ethics law by defending clients in criminal cases involving the Chicago Police Department. Brookins sued the Board of Ethics after it unanimously levied the fine against him, saying it had no authority to stop him from serving as a criminal defense attorney in Chicago.

Kansas – Raid of Small Kansas Newspaper Raises Free Press Concerns

Seattle Times – Steven Lee Myers and Benjamin Mullins (New York Times) | Published: 8/13/2023

A small Kansas police department is facing criticism for raiding a local newspaper’s office and the home of its owner and publisher, seizing computers and cellphones, and, in the publisher’s view, stressing his 98-year-old mother enough to cause her death. The searches appeared to be linked to an investigation into how a document containing information about a local restaurateur found its way to the local newspaper — and whether the restaurant owner’s privacy was violated in the process. The editor of the newspaper said the raids may have had more to do with tensions between the paper and officials in the town of Marion over prior coverage.

Montana – GOP Senate Candidate Plans to Steer Book Sale Money to a Group That Lobbies for His Industry, Teeing Up Potential Conflict of Interest

Yahoo News – Brian Metzger (Business Insider) | Published: 8/10/2023

Tim Sheehy, who is rung for the U.S. Senate in Montana, plans to steer a portion of the revenue from his forthcoming memoir to an industry group that lobbies federal lawmakers, adding to existing conflict-of-interest questions surrounding the wealthy first-time candidate. Candidates for office occasionally release books to help burnish their image and tell their story, and sitting lawmakers sometimes draw hundreds of thousands of dollars in outside income from book deals. But Sheehy’s book release poses unique conflict-of-interest questions, given his apparent plans for the revenue.

Nevada – Nevada GOP Senate Candidate Raised Money to Help Other Candidates – the Funds Mostly Paid Down His Old Campaign’s Debt Instead

MSN – Abby Turner and Andrew Kaczynski (CNN) | Published: 8/12/2023

Sam Brown, a candidate for the U.S. Senate in Nevada, created a PAC to “help elect Republicans” but most of its funds were spent paying down debt from his failed previous campaign. The group donated less than seven percent of its funds to the candidates it was set up to support, a move one campaign finance expert likened to using the PAC as a “slush fund.”

Nevada – Lobbyists May Soon Need to Register with County to Attend Commission Meetings

This Is Reno – Kristin Hackbarth | Published: 8/15/2023

The Washoe County Board of Commissioners heard the first reading of a new ordinance that would require compensated lobbyists to register with the county. The policy, which some said was overdue, was modeled after Reno’s lobbying policy and is similar to others in Clark County, Las Vegas, and Henderson. It would require anyone who receives anything of value to communicate with county commissioners on behalf of someone else on any issue to register with the county.

New Mexico – New Ethics Complaint Targets Sen. Daniel Ivey-Soto

Albuquerque Journal – Dan McKay | Published: 8/16/2023

A new ethics complaint accuses New Mexico Sen. Daniel Ivey-Soto of violating state law by leveraging his power as a legislator for financial gain and to seek sexual favors. Much of the complaint centers on Ivey-Soto’s employment by an organization that serves county clerks throughout New Mexico, an arrangement it says is a conflict-of-interest, given his dual role as a legislator who crafts election laws the clerks must carry out.

New Mexico – Ethics Commission Reverses Governor’s Decision to Redo Medicaid Contracts

Santa Fe New Mexican – Daniel Chacón | Published: 8/10/2023

In a defeat for New Mexico Gov. Michelle Lujan Grisham, who unilaterally stopped the Human Services Department from awarding Medicaid contracts worth billions of dollars to providers who had followed the state’s procurement process and scored the highest bids, the department will move forward with the winning bidders after all. The decision is part of a settlement agreement the state Ethics Commission reached with the governor and the department.

New York – Team Cuomo Notches Legal Win as Court Dismisses Defamation Claim

Albany Times Union – Brendan Lyons | Published: 8/14/2023

A New York appellate court dismissed a lawsuit filed last year by Gary Levine, a former commissioner for the state’s now-dismantled Joint Commission on Public Ethics, accusing Andrew Cuomo’s attorney, Rita Glavin, of defamation for suggesting he had leaked confidential information to the press about Cuomo’s dealings with the ethics panel. The appellate court found Glavin’s letter constituted a “statement of opinion” when she urged the inspector general’s office to launch an investigation of Lavine.

New York – Judge in Donald Trump’s Hush-Money Case Denies Bias Claim, Won’t Step Aside

MSN – Michael Sisak (Associated Press) | Published: 8/14/2023

The judge in Donald Trump’s Manhattan hush-money criminal case rejected the former president’s demand to step aside, denying defense claims that he is biased against Trump because he has given money to Democrats and his daughter is a party consultant. Judge Juan Manuel Merchan acknowledged he made several small donations to Democratic causes during the 2020 campaign, including $15 to Joe Biden, but said he is certain of his “ability to be fair and impartial.”

Oregon – Oregon Secretary of State: Senators who walked out can’t run next year

Oregon Public Broadcasting – Dirk VanderHart | Published: 8/8/2023

Ten Republican and Independent senators who participated in a six-week walkout during the 2023 legislation session spring will not be allowed to run for reelection, Secretary of State LaVonne Griffin-Valade announced. Oregonians overwhelmingly voted last year to create consequences for legislative walkouts via Measure 113. But the decision drew a promise of a court challenge from GOP lawmakers, who have said the measure was so sloppily worded they are technically allowed to serve another term before consequences for a walkout begin.

Oregon – With New Secretary of State, Oregonians Will Get Greater Transparency on Campaign Finance Violations

Willamette Weekly – Nigel Jaquiss | Published: 8/14/2023

Oregon Secretary of State LaVonne Griffin-Valade announced that her office will now publish a searchable list of campaign finance violations monthly. Other states have long made such data public, informing voters which candidates posted contributions and expenditures late or incorrectly. The former elections director, Deborah Scroggin, pushed for Oregon to publish such violations throughout 2022, but then-Secretary of State Shemia Fagan and her top managers delayed the launch.

South Dakota – Gov. Noem Orders State Contracts to Include New ‘Conflict of Interest’ Clause

Yahoo News – Annie Todd (Sioux Falls Argus Leader) | Published: 8/15/2023

Gov. Kristi Noem issued an executive order that contracts issued by the state include a clause to guard against conflict-of-interest if a state lawmaker is about to enter into a contract that could violate the South Dakota Constitution. According to the state constitution, lawmakers are prohibited from being either directly or indirectly interested in any contract with the state or county during their term in office and one year after.

Tennessee – Former Sen. Kelsey Nets 21-Month Prison Sentence for Campaign Finance Conviction

Tennessee Lookout – Sam Stockard | Published: 8/11/2023

Former Tennessee Sen. Brian Kelsey was sentenced to 21 months in prison for directing a scheme to funnel state campaign funds to his failed 2016 congressional race. His co-defendant in the scheme, Josh Smith, owner of The Standard Club, a Nashville restaurant frequented by Republican lawmakers, netted five years of probation, a $250,000 fine, and 720 hours of public service. Smith reached a plea agreement with federal prosecutors last November and was prepared to testify against Kelsey.

Texas – Judge Calls New Texas Election Law Unconstitutional but State Says It Will Appeal Ruling

MSN – Juan Lozano (Associated Press) | Published: 8/15/2023

A judge called a new law unconstitutional that passed in the Republican-led Texas Legislature and will dictate how elections are run in the state’s most populous county, which is a Democratic stronghold and home to Houston. The law, which would abolish a position that oversees elections in Harris County, was temporarily blocked by state District Court Judge Karin Crump after county officials filed a lawsuit. But the judge’s order was put on hold after the state attorney general’s office filed a notice it will appeal to the Texas Supreme Court.

Virginia – State Senator Seeks to Lease Land to Dominion for Wind Turbine Project; Ethics Council OKs Move

MSN – Stacy Parker (Virginian-Pilot) | Published: 8/15/2023

A vacant lot near Naval Air Station Oceana that is owned by a state senator could soon become a temporary laydown area for Dominion Energy’s $10 billion wind farm project. The Virginia Beach Planning Commission unanimously recommended approval. Sen. Bill DeSteph owns more than $250,000 of stock in Dominion Energy and has voted on legislation that affects electric and other utilities.

Wisconsin – Report on Anti-Gay Slur Could Put Local News Site Out of Business

Yahoo News – Jeremy Peters (New York Times) | Published: 8/15/2023

The county board meeting in Wausau, Wisconsin, on August 12, 2021, got contentious fast. What happened about 12 minutes in, as members of the community squabbled over a resolution intended to promote diversity and inclusion, has become the subject of a bitter legal fight that threatens to bankrupt one of the few remaining sources of local news in the area. First Amendment experts say the case highlights a troubling trend of wealthy and powerful people using defamation law as retribution.

August 17, 2023 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Elections Texas: “Judge Calls New Texas Election Law Unconstitutional but State Says It Will Appeal Ruling” by Juan Lozano (Associated Press) for MSN Ethics California: “Proposed Anaheim Reforms Sputter as City Council Disputes Corruption Probe Findings” by Hosam Elattar for Voice of OC Illinois: “Former […]

August 16, 2023 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Sam Bankman-Fried Donated Millions to ‘Weed Out Anti-Crypto’ Politicians, New Evidence Says” by Peter Syme for Business Insider Oregon: “With New Secretary of State, Oregonians Will Get Greater Transparency on Campaign Finance Violations” by Nigel Jaquiss for Willamette Weekly Elections California: “Big […]

August 14, 2023 • Written by George Ticoras, Esq.

FEC Responds to Petition Concerning Deceptive Artificial Intelligence in Campaign Ads

On August 10, the Federal Election Commission moved a step closer to addressing “deliberately deceptive Artificial Intelligence (AI) campaign advertisements.” On July 13, the commission had received a Petition for Rulemaking asking the FEC to make it clear that the […]

August 14, 2023 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance National: “FEC Moves Forward Potentially Regulating AI Deepfakes in Campaign Ads” by Ali Swenson (Associated Press) for Yahoo News Tennessee: “Former Sen. Kelsey Nets 21-Month Prison Sentence for Campaign Finance Conviction” by Sam Stockard for Tennessee Lookout Elections Oregon: “Oregon Secretary of State: […]

August 11, 2023 • Written by Jim Sedor

News You Can Use Digest – August 11, 2023

National/Federal FTX Founder Sam Bankman-Fried Still Slapped with Campaign Finance Charge, Prosecutors Say ABC News – Aaron Katersky and Max Zahn | Published: 8/8/2023 Federal prosecutors signaled their intention to hold cryptocurrency executive Sam Bankman-Fried accountable for alleged campaign finance violations despite […]

National/Federal

FTX Founder Sam Bankman-Fried Still Slapped with Campaign Finance Charge, Prosecutors Say

ABC News – Aaron Katersky and Max Zahn | Published: 8/8/2023

Federal prosecutors signaled their intention to hold cryptocurrency executive Sam Bankman-Fried accountable for alleged campaign finance violations despite dropping the charge on a technicality. Prosecutors accused Bankman-Fried of seeking influence in Washington and in state capitals by improperly using customer and investor money to make political donations.

Special Counsel Got a Search Warrant for Twitter to Turn Over Info on Trump’s Account, Documents Say

Associated Press News – Alanna Durkin Richer | Published: 8/9/2023

Special counsel Jack Smith’s team obtained a search warrant in January for records related to Donald Trump’s Twitter account, and a judge levied a $350,000 fine on the company for missing the deadline to comply. Smith’s team repeatedly mentioned Trump’s tweets in an indictment that charges the former president with conspiring to subvert the will of voters and cling to power after he lost the 2020 election to Joe Biden.

From Right-Hand Man to Critical Witness: Pence at heart of Trump prosecution

DNyuz – Shane Goldmacher, Maggie Astor, and Luke Broadwater (New York Times) | Published: 8/7/2023

Former Vice President Mike Pence’s transformation from Donald Trump’s most loyal lieutenant to an indispensable, if reluctant, witness for his prosecution became clear when he emerged as perhaps the central character in an indictment accusing the former president of a criminal conspiracy to overturn the 2020 election. The indictment revealed Pence kept contemporaneous notes on the tumultuous period leading up to January 6, 2021. “You’re too honest,” Trump berated Pence as he refused to go along with the election plot, according to the indictment.

Judge Asks Prosecutors to Justify Use of 2 Grand Juries in Trump Documents Case

MSN – Perry Stein (Washington Post) | Published: 8/7/2023

U.S. District Court Judge Aileen Cannon asked prosecutors to explain the use of grand juries in Florida and Washington in the classified documents case against Donald Trump even though charges were filed in South Florida. For many months, prosecutors questioned witnesses in the Florida case before a federal grand jury in Washington. The proceedings yielded much of the evidence at the crux of the case. But in May, the grand jury activity appeared to continue in Miami. Ultimately, prosecutors filed charges in a West Palm Beach courthouse in the same district as Miami and the area where Trump’s home is located.

New PAC Aims to Elect Young Progressives Running for State Offices, Congress

MSN – Sabrina Rodriguez (Washington Post) | Published: 8/9/2023

A co-founder of March for Our Lives and the campaign manager who helped elect the first Gen Z member of Congress are teaming up to launch a new organization focused on getting more young progressives elected to office, primarily focusing on state lawmakers. Leaders We Deserve aims to help young people running for state Legislatures and Congress by providing candidates they endorse with the campaign knowledge – from fundraising to networking – and money to win.

DeSantis Replaces 2024 Campaign Manager in Continued Shakeup

MSN – Steve Contorno and Kit Maher (CNN) | Published: 8/8/2023

Gov. Ron DeSantis replaced campaign manager Generra Peck, ending speculation about her future leading his struggling White House bid and continuing a shakeup of his presidential campaign. In her place, DeSantis chose James Uthmeier, the chief of staff for his gubernatorial office, a trusted adviser known in Florida as an enforcer of DeSantis’s agenda. The latest move reflects a campaign still grasping for solutions to build support and recapture momentum of when DeSantis was surging after a dominant performance in his gubernatorial reelection.

FEC Commissioner Trey Trainor Cleared of Ethics Violation After Insider Reporting Spurred Investigation

MSN – Madison Hall (Business Insider) | Published: 8/8/2023

The FEC’s inspector general found Commissioner Trey Trainor did not commit any ethics violations after he participated in an “election integrity” event where he was labeled as a member of the “Trump Elections Team.” The inspector general said while it may appear he acted improperly, his billing was written without his knowledge, undermining “any appearance of impropriety.” The report notes Trainor and his counsel refused to cooperate with the government’s investigation.

DeSantis Super PAC Shares Cost for Private Air Travel in Unusual Deal

MSN – Michael Scherer and Isaac Arnsdorf (Washington Post) | Published: 8/5/2023

A super PAC funding much of Ron DeSantis’s presidential effort has become a joint investor with his campaign in a private transportation management company that provides lower-cost airplane leases for the Florida governor. The unusual agreement, which allows both the DeSantis campaign and the Never Back Down to lease planes in a larger volume at lower market rates, is another way DeSantis and his allies have found to use unlimited donations to help cover the cost of activities historically borne directly by official campaigns.

‘Fake’ Elector Plot Raised Concerns Over Legal Peril, Indictment Shows

MSN – Amy Gardner, Patrick Marley, Yvonne Wingett Sanchez, and Josh Dawsey (Washington Post) | Published: 8/7/2023

Donald Trump’s defenders have long insisted his false elector scheme was legal because the slates met as mere placeholders, to be activated only if the campaign won in court. Prosecutors now charge that Trump, Rudy Giuliani, and others intended all along to use the electors to falsely claim the outcome of the election was in doubt, facilitating an effort to obstruct the certification of Joe Biden’s victory in Congress on January 6, 2021. Especially important may be the experience in Pennsylvania, where new interviews reveal the extent of discomfort with the plan by Trump electors.

Fight Over Trump Jan. 6 Secrecy Order Marks Start of Race to Trial

MSN – Spencer Hsu (Washington Post) | Published: 8/7/2023

A federal judge ordered a hearing over prosecutors’ demand that former President Trump keep government evidence turned over in his criminal election interference case secret until trial, as the two sides clashed anew over whether permitting Trump to discuss the case would taint potential jurors or intimidate witnesses. Prosecutors said they wanted to turn over evidence to speed the defense’s trial preparations but were concerned about Trump’s history of posting on social media about “witnesses, judges, attorneys and others” associated with cases against him.

Supreme Court Struggling to Agree on Ethics Policy, Justice Kagan Says

MSN – Ann Marimow (Washington Post) | Published: 8/3/2023

Justice Elena Kagan said the Supreme Court, which has faced criticism over lavish, undisclosed free travel by some of her colleagues, is struggling to devise an ethics policy despite continued discussion. The criticism stems from expensive trips taken years ago by Justices Clarence Thomas and Samuel Alito Jr. underwritten by wealthy business executives and not disclosed in required annual financial reports. Kagan provided fresh insight into the struggle to craft a policy distinct from the ethics code that applies to other federal judges.

Clarence Thomas’ 38 Vacations: The other billionaires who have treated the Supreme Court justice to luxury travel

ProPublica – Brett Murphy and Alex Mierjeski | Published: 8/10/2023

During Clarence Thomas’s three decades on the Supreme Court, a cadre of industry titans and ultrawealthy executives have treated him to vacations aboard their yachts, ushered him into the premium suites at sporting events, and sent their private jets to fetch him – including, on more than one occasion, an entire 737. It is a stream of luxury that is both more extensive and from a wider circle than has been previously understood.

Once Rare, Impeachments and Censures Have Become the Norm in Congress

Seattle Times – Carl Hulse (New York Times) | Published: 8/8/2023

Proposals to censure lawmakers and impeach members of the Biden administration are piling up quickly in the U.S. House in an illustration of how once-solemn acts are becoming almost routine as the two parties seize on these procedures as part of their political combat. The proliferation of censures and cries for impeachment is troubling to some who see it as a threat to the standing of the institution as well as diminishing the weight such punishments are supposed to carry. Censure is the congressional penalty just below expulsion.

Trading Places: More lawmakers are swapping political parties

Yahoo News – Liz Champion (Politico) | Published: 8/9/2023

Ten state lawmakers nationwide switched parties in 2023. That includes six who jumped from one of the major parties to the other. In 2022, by contrast, just two state lawmakers changed affiliation between the Democrats and Republicans. The uptick in party transitions this year speaks to the growing polarization and party feuding inside state Capitols. In some states that saw allegiance flips, it had huge bearing on what legislation passed.

DeSantis, with a Subtle Maneuver, Hides His Small-Dollar Donations

Yahoo News – Rebecca Davis O’Brien and Shane Goldmacher (New York Times) | Published: 8/9/2023

When WinRed, the company that processes nearly all online Republican campaign contributions, recently released its trove of donor data for the first half of the year, contributions were conspicuously absent for one presidential candidate: Florida Gov. Ron DeSantis. It was no technical glitch. The DeSantis campaign worked with WinRed in a way that prevented the disclosure of donor information, ensuring the campaign’s small donors would remain anonymous.

Clarence Thomas’ $267,230 RV and the Friend Who Financed It

Yahoo News – Jo Becker and Julie Tate (New York Times) | Published: 8/5/2023

Supreme Court Justice Clarence Thomas’s Prevost Marathon cost $267,230, according to title history records. Thomas, who has told friends how he scrimped and saved to afford the motor coach, did not buy it on his own. In fact, the purchase was underwritten, at least in part, by Anthony Welters, a close friend who made his fortune in the health care industry. He provided Thomas with financing that experts said a bank would have been unlikely to extend, not only because Thomas was already carrying a lot of debt, but because the Marathon brand’s high level of customization makes its used motor coaches difficult to value.

From the States and Municipalities

Alaska – Top Alaska Officials Facing Ethics Complaints Could Get State Representation Under Proposed Rules

Anchorage Daily News – Becky Bohrer (Associated Press) | Published: 8/3/2023

The Alaska Department of Law is proposing rules that would allow the state to represent a governor, lieutenant governor, or attorney general in complaints against them alleging ethics violations. Currently, they must hire outside attorneys to represent them in such matters. Under the proposed rules, those officeholders could decline representation by the department and hire their own attorneys if they wished.

Arizona – ‘It’s Underway’: Probe begins into $24K mailer deal at Maricopa County Democratic Party

MSN – Mary Jo Pitzl (Arizona Republic) | Published: 8/7/2023

The interim director of the Maricopa County Democratic Party said he launched an investigation into the party’s handling of a $24,000 business deal that has led to accusations of cronyism, altered postal records, and cover-ups. The deal appeared to be intended to benefit the former executive director’s fiancé. The party spent $24,480 for a mass mailing before the November 2022 election. But the mailer never reached the mailboxes of the 118,000 Democrats for whom it was intended, and the money was only refunded months later, after the party’s attorneys demanded repayment.

California – Mayor Aitken Announces Reforms Anaheim City Council Will Start Considering

MSN – Michael Slaton (Orange County Register) | Published: 8/8/2023

Anaheim Mayor Ashleigh Aitken announced her plans for the city council to start discussing several new reforms in the wake of the release of an independent investigation into corruption at City Hall, including several changes focused on transparency. “The release of last week’s independent report confirmed the wrongdoing that many suspected was going on for years,” Aitken said in a news release. “… Restoring transparency and public confidence will take time, and reforms will likely come in stages.”

California – Investigators Allege Pattern of Lobbyists Potentially Violating Anaheim Disclosure Rules

MSN – Michael Slaton and Tony Saavedra (Orange County Register) | Published: 8/2/2023

Independent investigators hired by Anaheim said they found numerous potential violations of the city’s lobbying laws in the last decade, in what they described as a “pattern of behavior” by lobbyists. A report on corruption highlighted former Mayor Curt Pringle and Jeff Flint, the former chief executive of Core Strategic Group, saying they failed to report their lobbying activity to the city clerk, which investigators said was potentially a crime of perjury. To combat the issues described in their report, investigators recommended Anaheim create a city ombudsman/ethics officer, whose duties would include monitoring the lobbying reports submitted.

California – San Jose Grants Few Former Employees Lobbying Exemptions

San Jose Spotlight – Jana Kadah | Published: 8/4/2023

In San Jose, when you leave a job working for the city you are barred from lobbying anyone at City Hall for at least two years. But a handful of ex-employees are exceptions to the rule. The latest example is Allie Hughes, a former staffer for San Jose Councilperson David Cohen. She recently left the city to work as a lobbyist for Canyon Snow Consulting. City Attorney Nora Frimann recommended the exemption, citing Hughes’ limited time with the city.

Florida – Florida Says AP Psychology Doesn’t Violate the Law, After All

MSN – Laura Meckler (Washington Post) | Published: 8/9/2023

After days of confusion, the Florida education commissioner said high schools may teach Advanced Placement Psychology without running afoul of Florida law, including material on sexual orientation and gender identity. Commissioner Manny Díaz Jr. had told districts previously that the class could be offered, but only if material on those topics was excluded. Large school districts across Florida responded by dropping the course and began a stressful process of quickly preparing instructors to teach new curriculum.

Florida – Former Kissimmee Commissioner, County Commission Candidate Sentenced for Campaign Finance Violations

Yahoo News – Charles Frazier (WFTV) | Published: 8/9/2023

A former Kissimmee city commissioner who was accused of entering a 2022 race for the Osceola County Commission as a “ghost candidate” was sentenced to jail for campaign finance violations. According to the Florida Department of Law Enforcement, their investigation into Carlos Irizarry’s campaign began when they were notified of allegations that he was offered money to enter the race only to affect the outcome by taking votes from opposing candidate Jackie Espinosa.

Florida – Federal Judge Rules That Ban on Lobbying by Elected Officials Violates Free Speech

Yahoo News – Mary Ellen Klas (Miami Herald) | Published: 8/9/2023

A federal judge struck down a Florida law that restricted state and local officials lobbying other government bodies while in office. U.S. District Court Judge Beth Bloom sided with officials who argued the language in a 2018 ballot measure was too broad and poorly defined to comply with First Amendment protections on free speech. Bloom left intact another portion of the law that bans elected and appointed government officials from lobbying the agencies they represented for six years after leaving them.

Illinois – Former Madigan Chief of Staff Tim Mapes Heading to Trial on Charges He Lied to Federal Grand Jury Investigating His Boss

MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 8/6/2023

As the federal investigation into then-House Speaker Michael Madigan was heating up two years ago, prosecutors assured Tim Mapes, Madigan’s onetime chief of staff, would not be charged as long as he told the truth to a grand jury. But prosecutors allege Mapes lied repeatedly in his testimony in an ill-fated attempt to protect his longtime boss. Now, Mapes, a key member of Madigan’s inner circle, is on trial on perjury charges. His indictment marked an intriguing power play by the U.S. attorney’s office in what has become one of the biggest political corruption scandals in state history.

Kansas – Kansas Commerce Deputy’s Lucrative Contract May Trigger Stronger Conflict of Interest Laws

Yahoo News – Jason Alatidd (Topeka Capital-Journal) | Published: 8/3/2023

A Kansas lawmaker wants to rewrite conflict-of-interest laws in response to a state employee bidding on and winning a consulting contract. Paul Hughes, the former Commerce Department deputy secretary, formed Catapult Kansas while still employed by the state. He then bid on a consulting contract – he was the only bidder – and was awarded the contract for $180,000 a year.

Maine – Ballot Question Seeks to Ban Foreign Spending

The Center Square – Christian Wade | Published: 8/3/2023

Maine voters will have a say in whether foreign corporations should be allowed to spend money to sway the outcome. Supporters say the ballot question is aimed at eliminating a loophole in state law that allows foreign governments to spend money on referendum campaigns. Foreign entities cannot contribute to political candidates under both federal and state election laws.

Michigan – Pro-Trump Attorney Is Third Indicted in Michigan Vote Machine Probe

Bridge Michigan – Jonathan Oosting | Published: 8/3/2023

Stefanie Lambert Junttila, a pro-Trump attorney who challenged 2020 election results across the country, was charged with four felonies stemming from an alleged plot to illegally access Michigan voting machines. Lambert Junttila is the third suspect indicted by a grand jury in special prosecutor D.J. Hilson’s probe of the alleged tampering scheme. Matthew DePerno, the 2020 Republican nominee for state attorney general, was charged along with former state Rep. Daire Rendon.

Mississippi – Treasurer for Chris McDaniel Lt. Gov. Campaign Under Investigation by MS Attorney General

Yahoo News – Wicker Perlis (Jackson Clarion-Ledger) | Published: 8/4/2023

The treasurer for the lieutenant governor campaign of state Sen. Chris McDaniel is under investigation by the office of Mississippi Attorney General Lynn Fitch. A press release did not mention the McDaniel campaign directly, naming Thomas Datwyler, a Wisconsin-based political consultant who serves as the campaign treasurer, and Invest in Mississippi, a PAC Datwyler created in July. It is against the law for campaigns and PACs to coordinate or communicate with each other.

Nevada – Lombardo to Appeal Ethics Board Decision

MSN – Taylor Avery (Las Vegas Review-Journal) | Published: 8/9/2023

Nevada Gov. Joe Lombardo plans to appeal a recent state ethics board decision that found he violated the law by using his sheriff’s badge and uniform during his campaign for governor. Ethics Commission members voted to fine Lombardo $20,000 and censure him for four violations of state law barring the use of government time, property, or equipment for personal use.

New Jersey – It Was $10K in a Paper Bag. But Was It a Bribe Under the Law? It Sure Was, Says N.J.’s Top Court.

MSN – Ted Sherman (NJ Advance Media) | Published: 8/7/2023

The New Jersey Supreme Court said candidates who do not hold elected office can be charged under the state’s public official bribery laws. The court sided with state officials by ruling candidates do not need to win elections to be subject to the “plain words” of the bribery statute. The law was challenged by Jason O’Donnell, a former state lawmaker and candidate for mayor of Bayonne, who allegedly accepted $10,000 in cash from an individual in exchange for the promise to appoint them as tax counsel for the city.

New York – Hochul’s Husband Is Leaving Delaware North

Albany Times Union – Joshua Solomon | Published: 8/4/2023

William Hochul Jr., New York’s first gentleman, is departing his position as senior vice president and general counsel at Delaware North, a job that had led to a number of thorny issues for the governor. Hiswork at the high-powered gaming company has led to Gov. Kathy Hochul to recuse herself from matters that veer too close to that sector, including recent negotiations with the Seneca Nation over a contentious gaming compact.

New York – The Secret Hand Behind the Women Who Stood by Cuomo? His Sister.

MSN – Nicholas Fandos (New York Times) | Published: 8/7/2023

We Decide New York, a small but devoted group of mostly older women, banded together online to defend then-Gov Andrew Cuomo from a cascade of sexual misconduct claims that led to his resignation in August 2021. But it turns out the group’s online activity had secretly been ordered by someone even closer to the former governor’s cause: Madeline Cuomo, his sister. Documents give unusual insight into how far members of one of America’s most storied political families were willing to go to rehabilitate a fallen scion and humiliate those they believed had wronged him.

New York – Former De Blasio NYPD Security Chief Howard Redmond Pleads Guilty of Obstructing DOI Probe

MSN – Molly Crane-Newman, Graham Rayman, and Chris Sommerfeldt (New York Daily News) | Published: 8/9/2023

Howard Redmond, who as an New York City Police Department inspector who oversaw for Mayor Bill de Blasio and his family’s around-the-clock security, pleaded guilty to felony charges stemming from his work for City Hall. Assistant District Attorney Samantha Dworken said Redmond admitted to ignoring investigators and then hiding and deleting evidence. The two-year probe found de Blasio’s bodyguards operated like glorified chauffeurs, flying in the face of city ethics laws barring public servants from using city resources for personal benefit.

Ohio – Democrats May Embrace Abortion Rights Even More Tightly After Ohio Win

MSN – Toluse Olorunnipa, Rachel Roubein, and Patrick Marley (Washington Post) | Published: 8/9/2023

Ohio voters rejected a ballot measure that would have made it more difficult to amend the state constitution ahead of a November vote to ensure access to abortion. The issue of abortion has become a rare consistent source of electoral victories for Democrats over the past year. The result in Ohio, coming after voters in other Republican-leaning states like Kentucky and Kansas also rejected GOP efforts to restrict abortion, underscores how the issue has already reshaped the political landscape for 2024, Democratic pollster Celinda Lake said.

Ohio – Money Paid, Favors Done. Messages Detail Relationship Between Ohio Regulator and Energy Executives

Ohio Capital Journal – Marty Schladen | Published: 8/8/2023

In early 2019, news of financial ties between FirstEnergy and the man incoming-Gov. Mike DeWine named to lead the Public Utilities Commission of Ohio began to spread. As it did, FirstEnergy’s top executives feared they would not have a regulator they could control, according to court documents. As it happened, the nominee, Sam Randazzo, ended up being appointed to the commission after being paid $4.3 million by FirstEnergy. He proceeded to help draft a law providing the utility with a $1.3 billion bailout.

Oregon – Impeachment, Elected Official Pay, Ranked-Choice Voting: Lawmakers left big questions to voters

Oregon Capital Chronicle – Julia Shumway | Published: 8/7/2023

Oregon lawmakers will ask voters to weigh in on big questions in 2024, including how voting will work, whether lawmakers should be able to impeach top officials, and whether elected officials should receive raises. Before the legislative session ended in June, lawmakers voted to send three proposed laws to voters on their November 2024 ballots. More referrals could be coming. A majority of Democratic legislators support an effort to change quorum requirements for the House and Senate to prevent future walkouts like the one that just stalled the Legislature for six weeks.

Tennessee – Tennessee Lawmakers Expelled by GOP Win Back State House Seats

MSN – Andrew Jeong (Washington Post) | Published: 8/3/2023

Two Tennessee Democrats who were expelled from the state Legislature in April over their participation in a gun-control protest won back their seats. Reps. Justin Pearson and Justin Jones easily defeated their Republican opponents in districts that lean Democratic. Pearson won more than 90 percent of the votes. Jones received more than 75 percent.

Tennessee – Lawsuit Accuses Tennessee of ‘Racially Discriminatory’ Redistricting

MSN – Meagan Vazquez (Washington Post) | Published: 8/10/2023

A coalition of civil rights organizations and Tennessee residents filed a lawsuit challenging the state’s recently enacted congressional and state Senate redistricting plans, asserting the state violated the U.S. Constitution by diluting the voting power of African Americans and other voters of color in the state. The plaintiffs argue the plan unfairly fractured the power of Black voters and other minority voters in the Nashville and Memphis areas.

Texas – Austin City Council Member’s Husband Named to Ethics Commission That Oversees the Council

MSN – Ella McCarthy (Austin American-Statesman) | Published: 8/5/2023

A recent appointee to the Austin Ethics Review Commission is married to a current city council member. The commission conducts hearings and makes rulings on complaints alleging violations of the provisions within the commission’s jurisdiction, including complaint against city council members. Mayor Kirk Watson does not believe there are any legal or ethical concerns with the appointment, and Councilperson Paige Ellis and Espinoza feel their marriage will not affect Espinoza’s actions on the commission.

August 9, 2023 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Elections National: “DeSantis Replaces 2024 Campaign Manager in Continued Shakeup” by Steve Contorno and Kit Maher (CNN) for MSN Ohio: “Ohio Voters Reject Higher Bar for Altering Constitution, a Win for Abortion Rights Supporters” by Patrick Marley and Rachel Roubein (Washington Post) for MSN […]

August 8, 2023 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance National: “DeSantis Super PAC Shares Cost for Private Air Travel in Unusual Deal” by Michael Scherer and Isaac Arnsdorf (Washington Post) for MSN Maine: “Ballot Question Seeks to Ban Foreign Spending” by Christian Wade for The Center Square Elections National: “‘Fake’ Elector Plot […]

August 7, 2023 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance Mississippi: “Treasurer for Chris McDaniel Lt. Gov. Campaign Under Investigation by MS Attorney General” by Wicker Perlis (Jackson Clarion-Ledger) for Yahoo News Elections Michigan: “Pro-Trump Attorney Is Third Indicted in Michigan Vote Machine Probe” by Jonathan Oosting for Bridge Michigan Tennessee: “Tennessee Lawmakers […]

Thursday’s LobbyComply News Roundup

Wednesday’s LobbyComply News Roundup

News You Can Use Digest – August 25, 2023

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News You Can Use Digest – August 18, 2023

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FEC Responds to Petition Concerning Deceptive Artificial Intelligence in Campaign Ads

Monday’s LobbyComply News Roundup

News You Can Use Digest – August 11, 2023

Wednesday’s LobbyComply News Roundup

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