The Appellate Division, Third Department granted a stay and injunction in the matter of Cuomo v. COELIG.

The state Commission on Ethics and Lobbying in Government issued a statement from Chair Frederick A. Davie and Executive Director Sandford N. Berland announcing this decision allows the Commission to continue its work and fulfill its mission as the appeal works its way through the judicial process.

They also announced that registration terminations in the online lobbying application (‘LA’) have been launched for lobbyists and public corporation registrations for the 2023-2024 biennial period.

Lobbyists and public corporations wanting to terminate earlier than the end date specified in the lobbying agreement are now able to terminate the entire lobbying relationship within LA.

Additionally, the lobbying application will automatically terminate registrations with lobbying agreements that reach the end date specified in the agreement, and all registrations that reach December 31st of the second year of a biennial period, with no action required by the lobbyist or client.

 

Campaign Finance National: “Charles Koch Has Given More Than $5 Billion of His Stock to Two” by Matt Durot (Forbes) for MSN New York: “Mob Allegations Tail Tow Truckers in City Hall Bribery Scandal” by Greg Smith for The City Ethics California: “Secret Tape Scandal One Year Later: What’s changed at LA City Hall?” by Frank Stoltze (LAist) for MSN National: “Biden Interviewed About Classified Documents Found at His Office, Home” by Tyler Pager and Perry Stein (Washington Post) for MSN New York: “After Years of Exaggerating His Business Assets, Trump Confronts Them in Court” by Jonathan O’Connell and Shayna Jacobs (Washington Post) for MSN New York: “Appellate Division Says State Ethics Panel Can Keep Working” by Brendan Lyons for Albany Times Union Ohio: “Ex-Cincinnati Councilman PG Sittenfeld Sentenced to 16 Months in Federal Prison” by Nick Swartsell for WVXU Oklahoma: “Okla. Board Moves Forward with Nation’s First Religious Charter School” by Moriah Balingit (Washington Post) for MSN

Campaign Finance

Michigan: “Michigan Republican Party Faces Financial Turmoil, Bank Records Show” by Craig Mauger (Detroit News) for Killeen Daily

Elections

National: “Democrats Have Relied on One Company’s Tools to Power Its Campaigns. They’re Now Facing a Possible Collapse.” by Brittany Gibson and Madison Fernandez (Politico) for Yahoo News

Ohio: “Ohio’s GOP Supermajority Tests Limits of Democracy Before Abortion Vote” by Annie Gowan (Washington Post) for MSN

Ethics

National: “Trump Allegedly Discussed US Nuclear Subs with Foreign National After Leaving White House: Sources” by Katherine Faulders, Alexander Mallin, and Mike Levine for ABC News

National: “Two Families Got Fed Up with Their States’ Politics. So They Moved Out.” by Trip Gabriel (New York Times) for Seattle Times

Legislative Issues

Texas: “Texas Republicans’ Internecine Fights Overshadow Special Session” by Molly Hennessey-Fiske (Washington Post) for MSN

Redistricting

Illinois: “Illinois Democrats Drew New Maps. The Changes Pushed the GOP to the Right.” by Kevin Sullivan and Clara Ence Morse (Washington Post) for MSN

Wisconsin: “As Wisconsin Supreme Court Takes Up Maps Case, Impeachment Threat Looms” by Reid Epstein and Julie Bosman (New York Times) for Yahoo News

Campaign Finance National: “Ex-Treasurer for Rep. George Santos Pleads Guilty to Conspiracy, Tells of Bogus Loan and Fake Donors” by Jake Offenhartz (Associated Press) for ABC News Pennsylvania: “Inside a Tangled Web of Pa. Businesses and Big Campaign Cash” by Matt Bernardini and Mike Wereschagin for Pittsburgh Post-Gazette Elections Alabama: “Court Picks New Alabama Congressional Map That Will Likely Flip One Seat to Democrats” by Zach Montellaro and Madison Fernandez (Politico) for Yahoo News Arizona: “Arizona Recount Law Could Delay Certifying 2024 Election, Officials Say” by Yvonne Winget Sanchez (Washington Post) for MSN Iowa: “Democrats Remove Iowa Caucuses from First-in-the-Nation Status” by Tyler Pager and Michael Scherer (Washington Post) for MSN Ethics Florida: “Mayor Suarez Praised Ken Griffin’s Controversial Plan. Billionaire’s Aide Wrote the Quote” by Sarah Blaskey, and Tess Riski (Miami Herald) for Yahoo News Washington: “Port of Seattle Commissioner Felleman Violated Ethics Code, Board Finds” by Renata Geraldo for Seattle Times Lobbying Oregon: “Oregon Ethics Commission Dismisses Complaint Against Lobbyist Who Led Failed Holvey Recall” by Alan Torres (Eugene Register-Guard) for Yahoo News

National/Federal

Supreme Court to Decide Landmark Texas, Florida Social Media Cases and More

MSN – Ann Marimow and Cat Zakrzewski (Washington Post) | Published: 9/29/2023

The Supreme Court said it would wade into the future of free speech online and decide whether laws passed in Texas and Florida can restrict social media companies from removing certain political posts or accounts. The court’s review of those laws will be the highest-profile examination to date of allegations that Silicon Valley companies are illegally censoring conservative viewpoints. Those accusations reached a fever pitch when Facebook, Twitter, and other companies suspended Donald Trump’s accounts in the wake of the attack on the Capitol.

For Supreme Court, Ethics Have Become the Elephant in the Courtroom

MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 10/1/2023

Some of the issues and political stalemates that haunt the Supreme Court are returning for the new term, accompanied by another concern: how to convince the public that the justices take seriously their ethical obligations. Reports about some justices hobnobbing with billionaire friends on lavish trips and maintaining ties to those who have business before the court have become the elephant in the courtroom. Justices across the ideological spectrum have said confidence in their decision-making is key to public acceptance of the court’s role as the final word on the law and Constitution.

Federal Appeals Court Expands Limits on Biden Administration in First Amendment Case

MSN – Jessica Guynn and John Fritze (USA Today) | Published: 10/3/2023

The nation’s top cybersecurity defense agency likely violated the First Amendment when lobbying Silicon Valley companies to remove or suppress the spread of online content about elections, a federal appeals court ruled. The Fifth Circuit Court of Appeals expanded an injunction to include the Cybersecurity and Infrastructure Security Agency, ruling it used frequent interactions with social media platforms “to push them to adopt more restrictive policies on election-related speech.”

Vote to Oust McCarthy Is a Warning Sign for Democracy, Scholars Say

MSN – Sarah Ellison (Washington Post) | Published: 10/4/2023

Historians and political scientists say the vote to remove Kevin McCarthy as speaker of the House is a warning sign for the health of American democracy. The vote reflected the enormous power that a small group of representatives on their party’s ideological fringe can wield over an entire institution, said Daniel Ziblatt, a professor of government at Harvard University. It also showcased how difficult it will be for anyone to corral the House in a way that is functional, with major decisions over the budget and Ukraine funding ahead. “… [This] should set off alarm bells that something is not right,” said Ziblatt.

Gaetz’s Ouster of McCarthy Draws Attention to His Ethics Issues

Seattle Times – Luke Broadwater (New York Times) | Published: 10/3/2023

Rep. Matt Gaetz’s successful push to oust Speaker Kevin McCarthy has cemented his status as one of the most reviled members of the House of Representatives, including among many of his fellow Republicans, and drawn attention to a long-running investigation by the House Ethics Committee into Gaetz’s conduct. McCarthy has argued that Gaetz’s motion to remove him is little more than personal payback for McCarthy’s failure to interfere with the inquiry, which is looking into allegations of sexual misconduct and misuse of funds by Gaetz.

Republican Group Running Anti-Trump Ads Finds Little Is Working

Yahoo News – Jonathan Swain (New York Times) | Published: 9/29/2023

A well-funded group of anti-Trump conservatives has sent its donors a candid memo that reveals how resilient former President Trump has been against millions of dollars of negative ads the group deployed against him in two early voting states. Win It Back has spent more than $4 million trying to lower Trump’s support among Republican voters in Iowa and nearly $2 million more in South Carolina. But in the memo, the head of Win It Back PAC, David McIntosh, acknowledges that after testing more than 40 anti-Trump television ads, “all attempts to undermine his conservative credentials on specific issues were ineffective.”

Giuliani’s Drinking, Long a Fraught Subject, Has Trump Prosecutors’ Attention

Yahoo News – Matt Flegenheimer and Maggie Haberman (New York Times) | Published: 10/4/2023

For more than a decade, friends conceded, Rudolph Giuliani’s drinking has been a problem. As he surged back to prominence during Donald Trump’s presidency, it was getting more difficult to hide it. Now, prosecutors in the federal election case against Trump have shown an interest in Giuliani’s drinking habits and whether the former president ignored what his aides described as the plain inebriation of the former mayor. The answer could complicate any efforts by Trump’s team to lean on a so-called advice-of-counsel defense, a strategy that could portray him as a client merely taking professional cues from his lawyers.

Supreme Court Rejects Eastman’s Bid to Scrap Rulings That Sent His Emails to Jan. 6 Investigators

Yahoo News – Josh Gerstein and Kylie Cheney (Politico) | Published: 10/2/2023

The U.S. Supreme Court, minus a recused Clarence Thomas, turned down a bid by attorney John Eastman to erase court rulings that described him as a linchpin in former President Trump’s bid to subvert the 2020 election. The decision essentially enshrines rulings by a federal judge in California that found Eastman’s emails contained evidence of a likely crime related to Trump’s efforts.

As Menendez’s Star Rose, Fears of Corruption Cast a Persistent Shadow

Yahoo News – Nicholas Fandos (New York Times) | Published: 9/27/2023

Robert Menendez rose from a New Jersey tenement to the pinnacle of power in Washington as the state’s senior U.S. senator. But those who have closely followed his career say the years he spent enmeshed in former Union City Mayor William Musto’s machine also set the tone for another, more sinister undercurrent that now threatens to swallow it – one in which Menendez became a power broker himself whose own close ties to moneyed interests have repeatedly attracted the scrutiny of federal prosecutors.

Democratic Sen. Dianne Feinstein of California, an Advocate for Liberal Priorities, Dies at Age 90

Yahoo News – Michael Blood and Mary Clare Jalonick (Associated Press) | Published: 9/29/2023

U.S. Sen. Dianne Feinstein, broke gender barriers throughout her long career in local and national politics, has died. She was 90. Feinstein, the oldest sitting senator, was a passionate advocate for liberal priorities important to her state, including environmental protection, reproductive rights, and gun control, but was also known as a pragmatic lawmaker who reached out to Republicans and sought middle ground.

From the States and Municipalities

Arizona – Her Calendar Was Mostly Open. She Wasn’t in Office. Why Was Attorney General Aide Paid?

MSN – Stacey Barchenger (Arizona Republic) | Published: 10/4/2023

Arizona Attorney General Kris Mayes announced in July that her chief of staff would be leaving the office four weeks later, wishing her “all the best in her future endeavors.” In the month that followed, that top aide, Amy Love, appeared to do little to no work while collecting a paycheck from taxpayers. Love went to the office just once in four weeks. She sent just one email in that time, to another staffer. Many of the meetings on Love’s schedule were canceled, and those that remained largely appear to be routine internal team meetings. It is unclear if Love attended those gatherings.

Arizona – Audit Flags Lavish Spending by Arizona to Woo Business Executives. State Leaders Defend It.

MSN – Stacey Barchenger (Arizona Republic) | Published: 10/3/2023

Arizona political and economic development leaders’ use of major events such as the Super Bowl to woo company executives to bring business to the state have cost more than $2.4 million in six years, according to a new audit. Dubbed the CEO Forum, the business recruiting events tied to high-profile sporting events were a favorite way for former Gov. Doug Ducey to tout the perks of the state as part of his effort to be business friendly. The auditor general asked the state attorney general to probe whether the program violated the gift clause of the Arizona Constitution.

Arizona – Arizona Says No Labels Must Accept All Candidates Even If Third Parties Opposes Them

Yahoo News – Associated Press | Published: 9/29/2023

Arizona’s top elections official says the No Labels party cannot block candidates from using its ballot line to run for office, boosting opponents’ efforts to force the movement for a third-party presidential ticket to release more information about its anonymous donors. A senior official for Secretary of State Adrian Fontes rejected No Labels’ request to exclude two people who have filed paperwork to run for state office without the support of the party’s leadership. One of the two people opposes No Labels and is deliberately trying to force the party to comply with Arizona’s campaign finance laws.

California – Newsom Taps Emily’s List Leader to Fill Feinstein’s Senate Seat

MSN – Maeve Reston and Tyler Pager (Washington Post) | Published: 10/2/2023

California Gov. Gavin Newsom appointed Emily’s List President Laphonza Butler to fill the Senate seat held by Dianne Feinstein, who died at the age of 90. Feinstein had just over a year left in her term and had said she would not run again. Three of California’s top Democrats – U.S. Reps. Barbara Lee, Katie Porter, and Adam Schiff – are in a contentious primary to fill the seat starting in January 2025, in what is likely to be the most expensive congressional race in the nation next year.

California – L.A. Councilmember John Lee Accused of Violating Ethics Laws During 2017 Vegas Trip

MSN – Julia Wick, Dakota Smith, and David Zahniser (Los Angeles Times) | Published: 10/2/2023

The Los Angeles Ethics Commission accused city Councilperson John Lee of violating ethics laws during a trip he took to Las Vegas before he was elected to the council. The accusations stem from Lee’s time working as chief of staff for former Councilperson Mitchell Englander, who pleaded guilty in 2020 to lying to federal investigators and was later sentenced to 14 months in prison. According to commission investigators, Lee accepted “multiple gifts from a businessperson and a developer, most of which exceeded the gift limit,” in 2016 and 2017.

California – L.A. Councilmembers Seek to Create Office for Ethics Compliance

MSN – City News Service | Published: 10/4/2023

In an attempt to increase public trust, two Los Angeles City Council members introduced a motion seeking to establish an Office of Compliance, with staff and resources to help identify potential conflicts-of-interest in advance of any votes. The office would review financial disclosure and other forms, as well as council and committee agendas to identify any potential conflicts. The city council has been rocked by a number of ethics scandals and accusations in recent years.

California – Disgraced SF Building Inspector Gets More Prison Time

San Francisco Examiner – Marcus White | Published: 10/2/2023

A San Francisco building inspector caught in a web of corruption at City Hall will serve at least another year in prison when his sentence begins. Bernie Curran, who pleaded guilty to perjury and financial conflict-of-interest, was sentenced to two years in prison. Curran can serve that sentence concurrently with a one-year, one-day federal sentence after he pleaded guilty in July to accepting illegal payments from people whose buildings he inspected.

California – Lawsuit Claims OC Board of Education Member Failed to Disclose $14 Million in Income

Voice of OC – Brandon Pho | Published: 10/4/2023

A retired federal judge brought a civil lawsuit against Orange County Board of Education member Mari Barke for allegedly failing to disclose as much as $14 million in income and business interests since her election. It comes amidst a campaign finance probe by the Fair Political Practices Commission into Barke’s disclosure filings. The lawsuit says that until March of this year, Barke had only reported $99 worth of income, business interests, investments, and gifts since assuming office in 2018.

California – Court Rules for Fresno Councilmembers in Lawsuit with County Over Campaign Money Transfers

Yahoo News – Tim Sheehan (Fresno Bee) | Published: 10/2/2023

Superior Court Judge Jonathan Skiles ruled against Fresno County’s campaign fundraising law limiting the amount a candidate for supervisor can transfer from another fund. The county limited transfers to $30,000, whereas incumbents had no limits on money from previous campaigns. City council members Garry Bredefeld and Luis Chavez now will have the ability to move their campaign funds to their races for the county board of supervisors.

District of Columbia – Leonard Leo Says He Will Not Cooperate with D.C. Attorney General Tax Probe

Yahoo News – Heidi Przybyla (Politico) | Published: 10/3/2023

Judicial activist Leonard Leo is not cooperating with an investigation by District of Columbia Attorney General Brian Schwalb for potentially misusing nonprofit tax laws for personal enrichment. David Rivkin, Leo’s attorney, said Schwalb has “no legal authority to conduct any investigatory steps or take any enforcement measures” because Leo’s multi-billion-dollar aligned nonprofits, which poured millions of dollars into campaigning for the nominations of conservative Supreme Court justices and advocating before them, were organized outside of the District of Columbia.

Florida – Miami Mayor Suarez Officially Under State Ethics Investigation for World Cup, F1 Tickets

Yahoo News – Sarah Blaskey and Tess Riski (Miami Herald) | Published: 9/28/2023

The Florida Commission on Ethics officially opened an investigation into Miami Mayor Francis Suarez following a complaint regarding his acceptance of expensive tickets to sporting events like the Miami Formula One Grand Prix and the 2022 World Cup in Qatar. The complaint raises questions about who paid for the various tickets worth thousands of dollars and whether Suarez complied with ethics laws requiring the mayor to disclose the source of all gifts, including complimentary access, valued over $100. The laws also prohibit elected officials from accepting such gifts from city vendors, lobbyists, or their employers.

Georgia – Trump Won’t Be on Trial in Georgia Case This Fall, but His Presence Will Be Felt

DNyuz – Danny Hakim and Richard Fausset (New York Times) | Published: 10/4/2023

Within weeks, prosecutors will present their case alleging a sprawling conspiracy to overturn the 2020 election results in Georgia. But the star defendant, former President Trump, will not be there. Instead, the defendants in the first trial in the racketeering case against Trump and 18 of his allies will be two of the lawyers who tried to keep him in power after the election: Kenneth Chesebro and Sidney Powell, who were the only ones to seek speedy trials. The former president will loom over the courtroom, though. That has much to do with how racketeering cases work.

Georgia – First Trump Co-Defendant Pleads Guilty in the Georgia Election Interference Case

NPR – Associated Press | Published: 9/29/2023

A bail bondsman charged alongside former President Trump and 17 others in the Georgia election interference case pleaded guilty to misdemeanor charges, becoming the first defendant to accept a plea deal with prosecutors. As part of the deal, Scott Graham Hall will receive five years of probation and will testify in further proceedings. He was also ordered to write a letter of apology to the citizens of Georgia and is forbidden from participating in polling activities. Prosecutors accused him of participating in a breach of election equipment in Coffee County.

Hawaii – Former CoreCivic Lobbyist Is Helping to Plan a New Oahu Jail

Honolulu Civil Beat – Kevin Dayton | Published: 10/2/2023

The state executive now tasked with devising a plan to finance a $900 million jail on Oahu worked for years as a registered lobbyist for CoreCivic, which is a prison developer that lobbied for years to try to get the state to move forward with the project. State Budget Director Luis Salaveria was registered as a lobbyist for CoreCivic until the end of last year but said he did not participate in the company’s push to get the state to issue a request for proposals to build the new jail.

Idaho – Idaho Secretary of State’s Office Releases New Campaign Finance, Lobbying Dashboard

KTVB – Abby Davis | Published: 9/28/2023

The November 7 elections are coming up, and election transparency is top of mind for the Idaho Secretary of State’s Office. It released a new campaign finance and lobbying dashboard, which lists all the mayoral and city council candidates. The aim of the dashboard is to give voters a better understanding of candidates. On the new dashboard, people can see how much money those candidates have raised and where it comes from. Previously, the data took a lot of time and effort to look through.

Kansas – Police Chief Resigns Weeks After Leading Raid on Kansas Newspaper Office

MSN – Praveena Somasundaram (Washington Post) | Published: 10/2/2023

The police chief who led the controversial raid of a newspaper office and its publisher’s home in a small Kansas town resigned days after he was suspended. During the raid in Marion, Kansas, officials seized a computer that held details about the Marion County Record’s investigation into Police Chief Gideon Cody. The raid Cody conducted set off a storm of questions from news organizations and their advocates, who viewed it as a major threat to press freedom.

Kansas – Kansas Lawmaker Threatens Wildlife Department Over Deer Baiting; Ethics Concerns Raised

Yahoo News – Dylan Lysen and Celia Llopis-Jepson (Wichita Eagle) | Published: 9/28/2023

A lawmaker threatened to strip funding from the Kansas Department of Wildlife and Parks if it bans people from baiting deer with piles of food. State Rep. Lewis Bloom, a farmer from Clay Center, went as far as to claim the chairperson of the committee that oversees the agency’s budget would help him retaliate by defunding the department. Rep. Ken Corbet, chair of the Agriculture and Natural Resources Budget Committee, owns a lodge that offers deer hunting for thousands of dollars per person, raising concerns of a conflict-of-interest.

Massachusetts – Massachusetts Republican Party Settles Campaign Finance Allegations with State, to Pay $15,000

MSN – Matt Stout (Boston Globe) | Published: 9/29/2023

The Massachusetts Republican Party agreed to settle allegations it took $137,000 in “impermissible” donations from a state senator in 2020 and used the money to help the campaign of his wife, according to an agreement the party’s new leader signed with state prosecutors. The GOP will pay $15,000 in three installments under the deal.

Michigan – Feds Charge Inkster Mayor Patrick Wimberly in Corruption Case

Detroit News – Robert Snell | Published: 10/3/2023

Inkster Mayor Patrick Wimberly was indicted in federal court, accused of receiving $50,000 in bribes, throwing the November election into disarray as the Wayne County politician becomes the latest public official accused of wrongdoing in a broader assault on corruption in Metro Detroit. Wimberly is accused of demanding cash to facilitate the sale of city-owned property to an unidentified “outside party,” prosecutors said. The person gave Wimberly $5,000 monthly cash bribes until Wimberly demanded more and the person started paying $10,000 each month, according to the indictment.

Michigan – Ex-Michigan House Speaker Sentenced to Prison in Marijuana Bribery Scheme

MLive – Michael Kransz | Published: 9/28/2023

Former Michigan House Speaker Rick Johnson was sentenced to four years and seven months in prison for accepting bribes as head of a marijuana licensing board. He admitted accepting at least $110,000 when he led the now defunct Medical Marijuana Licensing Board from 2017 to 2019. In exchange, federal prosecutors say Johnson gave bribe payers inside information pertaining to the board’s work and other medical marijuana applicants, as well as support through the licensing process and favorable votes on license applications.

Nevada – Lombardo Files Lawsuit Challenging Ethics Commission Fine, Censure Over Use of Badge

Nevada Independent – Tabitha Mueller | Published: 10/2/2023

Attorneys for Gov. Joe Lombardo appealed the Nevada Commission on Ethics decision to censure and fine the governor for using his Clark County sheriff uniform and badge on the 2022 campaign trail. The appeal makes a new legal argument in the case, challenging the constitutional authority of the commission itself.

New Mexico – Ethics Commission Fines State Treasurer for State Campaign Finance Violation

Santa Fe New Mexican – Robert Knott | Published: 10/4/2023

A State Ethics Commission hearing officer found New Mexico Treasurer Laura Montoya violated campaign finance reporting laws by accepting $10,000 in straw donations. Retired U.S. Magistrate Judge Alan Torgerson imposed a civil penalty of $1,000 on Montoya, saying she failed to treat two $5,000contributions properly.

New York – Trump’s Trial Starts Monday. It Will Spotlight What He’s Really Worth.

DNyuz – Jonah Bromwich, Ben Protess, and William Rashbaum (New York Times) | Published: 10/2/2023

After decades of exaggerating with impunity, Donald Trump is now on trial, facing a lawsuit that accuses him of inflating his riches by billions of dollars and crossing the line into fraud. It will be the first of several government trials he will face in the coming year, a procession of high-stakes courtroom battles that coincide with his third White House run. It will be an avidly scrutinized spectacle that will lift the curtain on Trump’s reputation as a businessperson, a core piece of his identity.

New York – Over 100 Campaigns Requested Public Funds in NY – but a Change Might Weaken Small Donors’ Power

Gothamist – Brigid Bergin | Published: 10/4/2023

More than 100 candidates have registered for a new state public matching funds program that helps boost small campaign donations, marking a major milestone in New York’s inaugural election cycle. But what the campaigns signed up for may not be what they get if Gov. Kathy Hochul signs a bill passed by the Legislature at the end of session. Proponents of the original program are urging Hochul not to sign the bill. They warn the changes will dilute the power of small-dollar donors and undermine the public matching system’s original intent.

New York – Adams Donor Who Twice Denied Making Campaign Donation Changes Story, Says She Gave $2,000 After All

Yahoo News – Michael Gartland (New York Daily News) | Published: 10/2/2023

A woman who twice denied donating $2,000 to New York City Mayor Eric Adams’ 2021 campaign, in spite of records that state otherwise, changed her story hours after a news story was published. The New York Daily News reported that law enforcement and election watchdogs have taken an interest in the discrepancy between public records and her initial statements, as well as other donations to Adams.

New York – Judge in Fraud Trial Imposes Gag Order After Trump Attacks Judge’s Aide

Yahoo News – Erica Orden, Josh Gerstein, and Kyle Cheney (Politico) | Published: 10/3/2023

The judge overseeing Donald Trump’s civil fraud trial issued a gag order barring Trump from making comments about court staff after the former president posted a social media attack on the judge’s principal law clerk that included her photo. New York Supreme Court Justice Arthur Engoron said he had warned Trump “off the record” about making such comments, but Trump had ignored him. “Consider this statement a gag order forbidding all parties from posting, emailing or speaking publicly about any of my staff,” Engoron said.

Tennessee – Rep. Justin Jones Sues House Speaker Cameron Sexton Over Expulsion, Vote to Silence Him

MSN – Melissa Brown (Nashville Tennessean) | Published: 10/4/2023

Tennessee Rep. Justin Jones filed a federal lawsuit challenging his expulsion in April and the House rules restricting lawmakers’ floor comments that Republicans applied to silence Jones for part of the special session. Filed against Speaker Cameron Sexton and House administrative officials, the lawsuit argues Republicans have repeatedly blocked Jones from speaking during debate in violation of free speech rights under the state and federal constitutions. He also contends his due process rights were infringed upon by the expulsion proceedings.

Texas – Eric Dick Fined $10K for Campaign Finance Violations During Failed Run for Harris County Treasurer

MSN – Elizabeth Sander (Houston Chronicle) | Published: 10/3/2023

Harris County Department of Education Trustee Eric Dick faces $40,000 in fines for campaign finance violations after the Texas Ethics Commission recently tacked on another $10,000 penalty. The commission ruled Dick will be required to pay the $10,000 for campaign finance violations that occurred during his unsuccessful campaign for Harris County treasurer in March 2022. He was fined $30,000 in February 2022 for violations made during his unsuccessful 2019 run for city council.

Texas – Lawsuit by Attorney General Ken Paxton’s Accusers Can Continue, Texas Supreme Court Rules

Texas Tribune – Patrick Svitek | Published: 9/29/2023

The Texas Supreme Court sided with former top deputies of state Attorney General Ken Paxton and cleared the way for their whistleblower lawsuit to move forward. The lawsuit will return to a Travis County trial court. Four whistleblowers sued the attorney general’s office for wrongful termination and retaliation after they reported Paxton to the FBI, alleging he abused his office to help a friend and donor. They almost settled with the attorney general’s office for $3.3 million earlier this year until Texas House investigators, concerned about using taxpayer dollars for the settlement, started probing the lawsuit’s claims and recommended Paxton’s impeachment.

Virginia – Youngkin Takes $2M from TikTok Investor Despite App Ban, China Warnings

MSN – Laura Vozzella (Washington Post) | Published: 10/5/2023

Gov. Glenn Youngkin accepted a $2 million political contribution from a donor with a multibillion-dollar stake in TikTok, a Chinese-owned app the governor banned from state devices last year amid his broader campaign against Chinese influence in Virginia. With hefty political donations, Yass has been helping TikTok rally conservatives in Washington, D.C. against banning the app in the U.S., the Wall Street Journal reported.

Campaign Finance Texas: “Eric Dick Fined $10K for Campaign Finance Violations During Failed Run for Harris County Treasurer” by Elizabeth Sander (Houston Chronicle) for MSN Elections Georgia: “Trump Won’t Be on Trial in Georgia Case This Fall, but His Presence Will Be Felt” by Danny Hakim and Richard Fausset (New York Times) for DNyuz Ethics Arizona: “Her Calendar Was Mostly Open. She Wasn’t in Office. Why Was Attorney General Aide Paid?” by Stacey Barchenger (Arizona Republic) for MSN Arizona: “Audit Flags Lavish Spending by Arizona to Woo Business Executives. State Leaders Defend It.” by Stacey Barchenger (Arizona Republic) for MSN Washington DC: “Leonard Leo Says He Will Not Cooperate with D.C. Attorney General Tax Probe” by Heidi Przybyla (Politico) for Yahoo News National: “Federal Appeals Court Expands Limits on Biden Administration in First Amendment Case” by Jessica Guynn and John Fritze (USA Today) for MSN National: “Giuliani’s Drinking, Long a Fraught Subject, Has Trump Prosecutors’ Attention” by Matt Flegenheimer and Maggie Haberman (New York Times) for Yahoo News Michigan: “Feds Charge Inkster Mayor Patrick Wimberly in Corruption Case” by Robert Snell for Detroit News Legislative Issues Tennessee: “Rep. Justin Jones Sues House Speaker Cameron Sexton Over Expulsion, Vote to Silence Him” by Melissa Brown (Nashville Tennessean) for MSN

Campaign Finance

New York: “Adams Donor Who Twice Denied Making Campaign Donation Changes Story, Says She Gave $2,000 After All” by Michael Gartland (New York Daily News) for Yahoo News

Ethics

California: “L.A. Councilmember John Lee Accused of Violating Ethics Laws During 2017 Vegas Trip” by Julia Wick, Dakota Smith, and David Zahniser (Los Angeles Times) for MSN

California: “Disgraced SF Building Inspector Gets More Prison Time” by Marcus White for San Francisco Examiner

National: “Supreme Court Rejects Eastman’s Bid to Scrap Rulings That Sent His Emails to Jan. 6 Investigators” by Josh Gerstein and Kylie Cheney (Politico) for Yahoo News

Kansas: “Police Chief Resigns Weeks After Leading Raid on Kansas Newspaper Office” by Praveena Somasundaram (Washington Post) for MSN

Nevada: “Lombardo Files Lawsuit Challenging Ethics Commission Fine, Censure Over Use of Badge” by Tabitha Mueller for Nevada Independent

New York: “Judge in Fraud Trial Imposes Gag Order After Trump Attacks Judge’s Aide” by Erica Orden, Josh Gerstein, and Kyle Cheney (Politico) for Yahoo News

Legislative Issues

National: “Kevin McCarthy Removed as House Speaker in Unprecedented Vote” by Marianna Sotomayor, Leigh Ann Caldwell, Amy Wang, Paul Kane, and Mariana Alfaro (Washington Post) for MSN

Matt Simpson, Chair of the Alabama House Ethics and Campaign Finance Committee, is expected to propose changes to the state’s ethics law during the next legislative session.

Changes will include clarification to the definition of lobbyist principal for purposes of gift rules.

Additionally, clarification is expected for how to determine what is a conflict of interest for officials.

The aim of these changes is to help public employees and officials avoid unintentional violations of the law.

The committee’s next meeting is on October 26.

 

Campaign Finance California: “Judge Gives Bredefeld, Chavez Win in County Campaign Fund Lawsuit” by Edward Smith for GV Wire Elections Georgia: “First Trump Co-Defendant Pleads Guilty in the Georgia Election Interference Case” by Associated Press for NPR Ethics National: “For Supreme Court, Ethics Have Become the Elephant in the Courtroom” by Robert Barnes and Ann Marimow (Washington Post) for MSN Idaho: “Idaho Secretary of State’s Office Releases New Campaign Finance, Lobbying Dashboard” by Abby Davis for KTVB New York: “Trump’s Trial Starts Monday. It Will Spotlight What He’s Really Worth.” by Jonah Bromwich, Ben Protess, and William Rashbaum (New York Times) for DNyuz Texas: “Lawsuit by Attorney General Ken Paxton’s Accusers Can Continue, Texas Supreme Court Rules” by Patrick Svitek for Texas Tribune Legislative Issues California: “Newsom Taps Emily’s List Leader to Fill Feinstein’s Senate Seat” by Maeve Reston and Tyler Pager (Washington Post) for MSN Lobbying Hawaii: “Former CoreCivic Lobbyist Is Helping to Plan a New Oahu Jail” by Kevin Dayton for Honolulu Civil Beat

Campaign Finance Massachusetts: “Massachusetts Republican Party Settles Campaign Finance Allegations with State, to Pay $15,000” by Matt Stout (Boston Globe) for MSN Elections Arizona: “Arizona Says No Labels Must Accept All Candidates Even If Third Parties Opposes Them” by Associated Press for Yahoo News Ethics National: “As Menendez’s Star Rose, Fears of Corruption Cast a Persistent Shadow” by Nicholas Fandos (New York Times) for Yahoo News National: “Supreme Court to Decide Landmark Texas, Florida Social Media Cases and More” by Ann Marimow and Cat Zakrzewski (Washington Post) for MSN Florida: “Miami Mayor Suarez Officially Under State Ethics Investigation for World Cup, F1 Tickets” by Sarah Blaskey and Tess Riski (Miami Herald) for Yahoo News Kansas: “Kansas Lawmaker Threatens Wildlife Department Over Deer Baiting; Ethics Concerns Raised” by Dylan Lysen and Celia Llopis-Jepson (Wichita Eagle) for Yahoo News Michigan: “Ex-Michigan House Speaker Sentenced to Prison in Marijuana Bribery Scheme” by Michael Kransz for MLive.com Legislative Issues National: “Democratic Sen. Dianne Feinstein of California, an Advocate for Liberal Priorities, Dies at Age 90” by Michael Blood and Mary Clare Jalonick (Associated Press) for Yahoo News

National/Federal

Rupert Murdoch to Step Down as Chairman of Fox Corporation and Fox News

Billings Gazette – David Bauder (Associated Press) | Published: 9/21/2023

Rupert Murdoch, the 92-year-old Australian media magnate whose creation of Fox News made him a force in American politics, is stepping down as leader of both Fox’s parent company and his News Corp. media holdings. His son, Lachlan, will become News Corp. chairperson and continue as chief executive officer of Fox Corp. Fox News Channel has profoundly influenced television and the nation’s politics, making Murdoch a hero to some and pariah to others. The 24-hour network converted the power and energy of political talk radio to television.

Rep. Lauren Boebert Rents an Apartment from an Executive for Koch-Backed Group

Business Insider – Brent Griffiths | Published: 9/21/2023

U.S. Rep. Lauren Boebert rents a Washington apartment from a top official for the right-wing advocacy group Americans for Prosperity, a key part of the conservative influence network originally funded by brothers Charles and David Koch. There are no ethics rules or laws that bar members of Congress from renting apartments from people affiliated with lobbying groups. But the arrangement is an indicator of how small Washington can be, and how closely entwined legislators can become with the people who are paid to influence them.

How a Little-Known Group Helped Resurgent Democrats Wield Power

DNyuz – Nick Corasaniti (New York Times) | Published: 9/25/2023

For decades, Republicans have outmaneuvered and outspent Democrats in state Legislatures, gerrymandering them into the minority in both red states and political battlegrounds. GOP lawmakers have used that advantage to pass countless conservative policies with a help along the way. Conservative think tanks and other policy groups drafted model legislation for Republican lawmakers to cut taxes, expand gun rights, and loosen environmental regulations. Now Democrats are trying to put themselves on even footing.

Trump Fights Jack Smith Request for Narrow Gag Order in Jan. 6 Case

MSN – Spencer Hsu and Amy Gardner (Washington Post) | Published: 9/25/2023

Attorneys for former President Trump blasted federal prosecutors’ request for a narrow gag order that would bar him from attacking participants in the criminal case charging him with conspiring to overturn the 2020 presidential election, claiming he must be free to campaign for the Republican nomination in 2024. The response joins a battle that promises to be a recurring feature of Trump’s multiple state and federal criminal cases and that highlights challenges facing prosecutors and judges in the historic attempts to prosecute a former president and active candidate.

Misinformation Research Is Buckling Under GOP Legal Attacks

MSN – Naomi Nix, Cat Zakrzewski, and Joseph Menn (Washington Post) | Published: 9/23/2023

Conservative politicians are accusing academics, universities, and government agencies of colluding with technology companies to censor right-wing views. Interviews with professors, government officials, physicians, nonprofits, and research funders describe an escalating campaign that has cast a pall over programs studying not just political falsehoods but also the quality of medical information online. Social media platforms have pulled back on moderating content even as evidence mounts that Russia and China have intensified covert influence campaigns.

Ex-FBI Counterspy Chief McGonigal Pleads Guilty in Payment Plot

MSN – Spencer Hsu (Washington Post) | Published: 9/22/2023

The FBI’s former top spy hunter in New York, who had pleaded guilty to conspiring to violate U.S. sanctions and launder funds for a Russian billionaire he once investigated, pleaded guilty in a separate case charging him with hiding secret cash payments while overseeing highly sensitive cases. Charles McGonigal admitted he concealed his receipt of payments and meetings with foreign officials to avoid questions about a conflict-of-interest between his private post-retirement business plans and his official duties as one of the FBI’s top leaders.

Senate Adopts Resolution Requiring Men to Wear Business Attire on Chamber Floor

MSN – Mariana Afaro (Washington Post) | Published: 9/27/2023

The U.S. Senate adopted a resolution requiring male senators to wear a coat, tie, and slacks or other long pants on the chamber’s floor following days of upheaval sparked by Majority Leader Charles Schumer’s decision to stop enforcing the requirement of business attire. Before Schumer’s initial move, the Senate had followed an unwritten and unevenly enforced policy that encouraged men to wear suits and ties and women to cover their arms.

Cash, Gold Bars, Arms Sales: How Bob Menendez met legal peril, again

MSN – Isaac Stanley-Becker (Washington Post) | Published: 9/23/2023

U.S. Sen. Robert Menendez and his wife Nadine were indicted on bribery charges, Justice Department officials announced, detailing what officials said was a corrupt scheme involving gold bars, stacks of cash, and using the senator’s powerful position to secretly benefit the Egyptian government. Allegations of a secretive campaign to aid the government in Cairo stand out not just because of Menendez’s singular power in the Senate to shape U.S. foreign policy as the chairperson of the Foreign Relations Committee, but also because of the rebuttal he offered when asked about accusations of impropriety earlier this year.

Chutkan Rejects Trump Request to Step Aside as Judge in His D.C. Trial

MSN – Spencer Hsu and Rachel Weiner (Washington Post) | Published: 9/27/2023

U.S. District Court Judge Tanya Chutkan denied Donald Trump’s demand that she recuse herself from his federal election obstruction case, saying attorneys for the former president had applied a “hypersensitive, cynical, and suspicious” reading of two of her statements in sentencing Capitol attack defendants to accuse her of bias. Trump’s defense can ask an appellate court to weigh in, but the standard for a federal appeals court or the U.S. Supreme Court to review the ruling is very high.

Clarence Thomas Secretly Participated in Koch Network Donor Events

ProPublica – Joshua Kaplan, Justin Elliott, and Alex Mierjeski | Published: 9/22/2023

Some of the richest people in the country attended the 2018 donor summit of the Koch network, the political organization founded by libertarian billionaires Charles and David Koch. Supreme Court Justice Clarence Thomas also attended. He has attended Koch donor events at least twice over the years. Thomas was brought in to speak, staffers said, in the hopes that such access would encourage donors to continue giving. That puts Thomas in the position of having served as a fundraising draw for a network that has brought cases before the Supreme Court. The justice never reported the flight to Palm Springs.

In Three Southern States, a Legal Battle Over Political Maps

Yahoo News – Michael Wines (New York Times) | Published: 9/21/2023

The Republican-led Legislatures of Georgia, Louisiana, and Alabama find themselves backed against courtroom walls in similar circumstances, defending congressional maps that federal judges have said appear to discriminate against Black voters. Last year, the same judges said that, even before full trials were held, the same maps were so likely illegal that replacements should be used for the 2022 elections. But due to a once-obscure U.S. Supreme Court rule that outlaws election-law changes close to campaign season, the disputed maps were used anyway.

Not Just Clarence Thomas: Lower courts facing scrutiny over ethics, disclosures, too

Yahoo News – John Fritze (USA Today) | Published: 9/25/2023

Americans were able to review financial disclosure reports for all nine justices on the U.S. Supreme Court, documents that revealed private jet flights, foreign travel, and even a bouquet of flowers that Oprah Winfrey had ordered for Justice Ketanji Brown Jackson. But those annual disclosures are far harder to find for hundreds of lower court judges that make up the bulk of the federal judiciary. At a time when the judicial branch is under heightened scrutiny over ethics, federal courts are struggling to honor a law intended to head off potential conflicts.

K Street Braces for Potential Shutdown

Yahoo News – Taylor Giorno (The Hill) | Published: 9/27/2023

Lobbying and government affairs shops are busy preparing for a possible shutdown of the federal government. Lobbyists cannot do much except keep clients informed about what to expect if the government does shut down as they navigate uncertainty around tax credits, infrastructure investments, and political stability. It is a “very uncertain time” for clients, said Ryan Carney, a government affairs advisor at K&L Gates. The firm set up a task force with professionals who have experience with government shutdowns to monitor developments.

Bob Menendez Singlehandedly Blocked Bipartisan Bill to Regulate Foreign Influence in D.C.

Yahoo News – Ken Dilanian and Frank Thorp V (NBC News) | Published: 9/27/2023

U.S. Sen. Robert Menendez, who is charged with secretly aiding the Egyptian government in exchange for bribes, singlehandedly blocked passage of bipartisan legislation in 2020 that would have strengthened the law regulating foreign influence and lobbying in Washington, D.C. The proposed Foreign Agents Disclosure and Registration Enhancement Act grew out of widespread concerns that the current law regulating foreign lobbying had seldom been enforced, and foreign influence campaigns had successfully infiltrated American politics.

From the States and Municipalities

Canada – ‘Insufficient Grounds’ for Full Probe into Ford Stag and Doe: Commissioner

Global News – Allison Jones (Canadian Press) | Published: 9/21/2023

Ontario’s integrity commissioner said there are “insufficient grounds” to conduct a full investigation into a “stag-and-doe” event for Premier Doug Ford’s daughter, though he noted an “interesting” finding about ticket sales for the gathering. New Democratic Party Leader Matt Stiles had asked J. David Wake to issue an opinion on the pre-wedding event for Ford’s daughter, which was attended by some land developers who had business in the province.

Alabama – Supreme Court Refuses to Allow Alabama to Use Disputed Map for 2024

MSN – Robert Barnes (Washington Post) | Published: 9/26/2023

The U.S. Supreme Court refused Alabama’s request to hold 2024 elections under a new congressional map judged to be an unlawful attempt to diminish the power of the state’s Black voters. It was the second time in four months the court has sided with a three-judge panel that found Alabama’s Legislature probably violated the Voting Rights Act by failing to create a second congressional district where minority voters have a large enough share of the electorate to elect their candidate of choice.

Alabama – Lawmakers Expected to Consider Changes to Alabama Ethics Law

MSN – Mike Cason (AL.com) | Published: 9/27/2023

The chairperson of the House Ethics and Campaign Finance Committee said he expects to propose changes to Alabama’s ethics law during the next legislative session. Rep. Matt Simpson is leading a series of meetings by the panel to examine issues identified by a study commission a few years ago and by Alabama’s appellate courts. Most of those are areas where the law is confusing, ambiguous, or unclear, Simpson said. One of the lingering issues is the precise definition and scope of the term principal, which refers to organizations and individuals that employ lobbyists.

Arizona – Elections Commission Adds New Disclosure Requirements for Political Ads on Air and in Print

KJZZ – Howard Fischer (Capitol Media Services) | Published: 9/22/2023

A new rule adopted by the Citizens Clean Elections Commission adds the requirement for political ads to disclose the three largest sources of funds that bought the commercial. The rule details exactly how big the disclosure must be. Commission Executive Director Tom Collins agreed it is not possible to put all the required disclosure, like the top three funders, into many social media posts. But the rule will mandate inclusion of a clickable link that would take the reader to a page where people could get the required information.

California – Former Baldwin Park City Attorney Acted as ‘Co-Conspirator’ in $70K Bribery Scheme, Indictment Alleges

Los Angeles Daily News – Jason Henry (Pasadena Star News) | Published: 9/24/2023

Baldwin Park’s former city attorney assisted in a bribery and wire fraud scheme that funneled $70,000 in illicit payoffs to former Councilperson Ricardo Pacheco to secure his vote on a cannabis permit, according to federal authorities. The new allegations against Robert Tafoya became public following the grand jury indictment of Tafoya’s longtime friend and alleged co-conspirator, former Compton City Councilperson Isaac Galvin.

California – L.A. City Council Approves New Ethics Commissioner After Rejecting Previous Nominee

MSN – Dakota Smith (Los Angeles Times) | Published: 9/27/2023

The Los Angeles City Council approved a nominee for a spot on the Ethics Commission after several weeks of public scrutiny over the council’s handling of nominees for the panel. The council approved Alex Johnson, a vice president at Bryson Gillette, a consulting firm that also has done campaign work. The firm has handled more than $2 million worth of work for various campaigns since May 2020.

California – Empty Seats: San Diego ethics board hobbled by vacancies

MSN – Jeff McDionald (San Diego Union Tribune) | Published: 9/27/2023

Three out of seven seats on the San Diego Ethics Commission are vacant, meaning the city’s only regulator for enforcing campaign finance and other rules is legally unable to issue fines or mete out other discipline. The commission has not fielded a full board in years. It has also failed to comply with city rules requiring that at least three members of the panel are attorneys. The commission operated with six members during the first half of this year, but three seats expired June 30.

California – Anaheim Tightens Electronic Device Policy After Probe Finds Disregard for Records Law

Voice of OC – Hosam Elattar | Published: 9/27/2023

Anaheim politicians are cracking down on using private cellphones and other electronic devices to conduct city business, a practice that independent investigators say city officials frequently used to circumvent the state’s public records law. City officials directed staff to require the use of government phones and devices for top officials and staff, forbid conducting city business on personal accounts, and requiring officials to forward city business emails to government accounts.

California – Former California House Candidate Charged with Misusing Campaign Cash

Yahoo News – Lauren Sforza (The Hill) | Published: 9/27/2023

A four-time candidate for Congress in California was charged with misusing campaign funds, including transferring the cash back to his personal accounts via his friends and family. The indictment accuses Omar Navarro of using campaign money for personal expenses, including trips to Las Vegas and two criminal defense attorneys, and falsely recording them as campaign expenses to the FEC.

Connecticut – Ritter: No changes to campaign finance rules in special session

Connecticut Mirror – Mark Pazniokas | Published: 9/25/2023

House Speaker Matt Ritter said the General Assembly will not vote in the special session on a proposal to allow publicly financed candidates in Connecticut to raise money online using ActBlue, the popular Democratic fundraising platform. Ritter said ActBlue’s platform is not compliant with state law, and lawyers have struggled to draft statutory language that would open Connecticut to ActBlue without conflicting with or undermining the Citizens’ Election Program, which finances most campaigns for the General Assembly.

Florida – With Half of Miami’s Elected Officials Under Investigation, the City’s History Is Repeating

MSN – Charles Rabin (Miami Herald) | Published: 9/20/2023

Now-suspended Miami Commissioner Alex Díaz de la Portilla is facing criminal charges he sold his vote for $245,000 in campaign money. At the same time, the FBI is separately investigating whether Mayor Francis Suarez worked behind the scenes to help a developer who was paying him $10,000 a month. Local prosecutors have an open case into whether Commissioner Joe Carollo, a former mayor, held improper influence over the police force. With half of Miami’s six elected officials under a cloud, there are renewed calls to clean house.

Florida – After Florida Restricts Black History, Churches Step Up to Teach It

MSN – Brittany Shammas (Washington Post) | Published: 9/24/2023

After months of controversy over new directives governing classroom instruction in Florida – changes critics said sanitized or even distorted the past – Black pastors across the state agreed their churches had no choice but to respond. They would teach Black history themselves. A nonprofit coalition of religious institutions, Faith in Florida, put together a tool kit to guide the churches and suggest books, articles, documentaries, and reports covering the Black experience. The churches’ involvement harks back to the pivotal role many played in the struggle to end segregation and advance voting rights.

Indiana – Rewrite of Indiana Campaign Finance Laws on Tap?

Times of Northwest Indiana – Dan Carden | Published: 9/27/2023

Indiana election law’s silence on corporate contributions to super PACs means such donations are prohibited or otherwise limited, the state Supreme Court ruled in answering a question from the Seventh U.S.  Circuit Court of Appeals. Indiana enforcement authorities have said they do not intend to punish corporate donations to super PACs, even if prohibited by state law, because the contributions are authorized by the U.S. Supreme Court’s Citizens United decision. In the majority opinion, Justice Derek Molter said it is “no doubt time” for state lawmakers to update the law to reflect the Citizens United ruling.

Mississippi – Mississippi Announced Incentives for Company Days After Executive Gave Campaign Money to Governor

Yahoo News – Emily Wagster Pettus (Associated Press) | Published: 9/26/2023

Mississippi announced financial incentives for a shipbuilder to expand in Gulfport in 2020, days after the president of the shipbuilder’s parent company made a $10,000 campaign contribution to Gov. Tate Reeves. The state economic development agency under Reeves’ supervision, the Mississippi Development Authority, announced Gulf Ship would receive state incentives to expand the site it opened in Gulfport in 2006.

Missouri – Missouri Lawmaker Accused of ‘Unlawful’ Conduct in Push for Contract, Drawing FBI Scrutiny

Missouri Independent – Jason Hancock | Published: 9/22/2023

Missouri House Speaker Dean Plocher is facing allegations he threatened to terminate the employment of a nonpartisan legislative staffer who resisted his monthslong push to hire a private company to manage constituent information. Plocher denies the accusations. But Dana Miller, chief clerk of the House since 2018 and a chamber staff member since 2001, wrote in an email to a GOP lawmaker about “threats made by Speaker Plocher concerning my future employment.” Miller was not the only legislative staffer expressing concerns.

New Hampshire – Investigators Conclude N.H. Lawmaker Doesn’t Live in the District He Represents

MSN – Steven Porter (Boston Globe) | Published: 9/21/2023

State Rep. Troy Merner resigned his seat in the New Hampshire House after investigators for the state attorney general’s office concluded Merner no longer lives in the district he represents and has not lived there since August 2022. Merner has been renting an office in Lancaster, but he has been residing with his wife and stepson about 15 miles south, in Carroll, which is part of a different legislative district in Coos County.

New Jersey – Governor Who Quit Politics Amid Scandal Eyes a New Job: Mayor

DNyuz – Tracey Tully (New York Times) | Published: 9/22/2023

Former New Jersey Gov. James McGreevey quit politics in 2004 after announcing to his second wife and to the world that he was gay and had an affair with a man who worked for him. Now McGreevey, who once was thought to have the White House in his sights, is making plans to do what he had said he would not: re-enter politics. Over the past several months, McGreevey has begun cobbling together support for an expected run for mayor of Jersey City, the state’s second-largest city, where he has lived for eight years.

New Jersey – Ex-Mayor Indicted After Launching Run Despite Order Barring Him from Office, Authorities

MSN – Chris Shelton (NJ Advance Media) | Published: 9/26/2023

Former Paterson Mayor Joey Torres was indicted after he was accused of launching a new bid to run the city in 2022 despite being barred from doing so six years ago. Torres pleaded guilty to using city employees to work at a liquor distributorship his family planned to open. As part of his plea deal, Torres was required to forfeit future public employment.

New York – Ethics Commission Meets After Judge Ruled It’s Unconstitutional

Albany Times Union – Brendan Lyons | Published: 9/27/2023

The state ethics commission conducted its first meeting following a New York Supreme Court justice’s decision that found the agency was created in violation of the state constitution and must suspend its work pending the outcome of any appeal. The appellate division of the state Supreme Court granted a temporary stay on the decision. A permanent stay has not been granted. Earlier this year, another state Supreme Court justice ruled the commission was created in line with the state constitution and it was not improper for the final appointments to be made by an “Independent Review Commission” made up of law school deans.

New York – Latinos Have Transformed Sleepy Hollow, but Not Their Town Board

DNyuz – Grace Ashford (New York Times) | Published: 9/19/2023

More than half the Village of Sleepy Hollow, New York, is of Hispanic origin. But those demographics are rarely reflected on Election Day. The village is part of the Town of Mount Pleasant, which uses an at-large voting system that allows residents to cast ballots for all open positions. The Mount Pleasant town board has no Latino members, and no one could recall the last time it had one. That disconnect has led to a formal claim filed with the town, on behalf of five residents who say that they and other Latino voters are being disenfranchised.

New York – N.Y. Judge Finds Trump Committed Fraud and Sanctions His Attorneys

MSN – Shayna Jacobs (Washington Post) | Published: 9/26/2023

A judge overseeing a $250 million lawsuit against Donald Trump ruled the former president and his company committed fraud by inflating his net worth in business transactions, narrowing the scope of what the state’s attorney general must prove at an upcoming civil trial. New York Supreme Court Justice Arthur Engoron also ordered the cancellation of Trump business certificates and imposed sanctions on attorneys representing him for repeating arguments that failed multiple times previously and were called “borderline frivolous.”

New York – Adams Campaign Repeatedly Ignored Regulators’ Demands to Identify Supporters Behind $300,000 in Contributions

The City – George Joseph, Bianca Pallaro, and Tom Robbins | Published: 9/22/2023

Eric Adams’ 2021 mayoral campaign repeatedly ignored city regulators’ requests to identify political supporters who they suspected of having raised hundreds of thousands of dollars without disclosing their role. The flagged donations totaled more than $300,000 from more than 500 donors. Thanks to the city program that provides matching funds of up to eight-to-one for eligible contributions, the donations secured an additional $522,000 in public funds for the Adams campaign.

North Carolina – In North Carolina, Republicans Seek More Control Over Elections

Yahoo News – Michael Wines (New York Times) | Published: 9/24/2023

Shortly before North Carolina Gov. Roy Cooper began his first term in 2017, his rivals in the Republican-controlled Legislature voted to strip the position of key powers, including the governor’s longstanding authority to appoint majorities to the state election board and local election boards in all 100 counties. After the state Supreme Court ruled the move was illegal, lawmakers put the idea on the ballot, but voters shot that down. Now, seven years after their first try, the legislators appear on the verge of getting what they have long sought.

Ohio – Ohio Republicans’ Legislative Redistricting Proposal Could Lead to More GOP Seats, Fewer Competitive Districts

MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 9/22/2023

Ohio Republicans’ new state legislative map would make it easier for them to expand their supermajorities in both the House and Senate, as well as create fewer competitive districts overall, according to an analysis. Last year’s redistricting plan was repeatedly found by the state Supreme Court to be unconstitutionally gerrymandered in favor of Republicans. The ruling means the Ohio Redistricting Commission must again pass new district lines ahead of the 2024 election.

Oregon – Oregon Officials Face Ethics Sanctions Over Amazon Data Centers’ Tax Breaks and Land Deals

MSN – Mike Rogoway (Portland Oregonian) | Published: 9/27/2023

Three former public officials in Morrow County could be hit with thousands of dollars in penalties for failing to acknowledge they stood to profit when they gave tax breaks to Amazon data centers and arranged land sales to make way for the huge installations. Staff with the Oregon Government Ethics Commission proposed settling ethics charges against the officials. Two would pay $5,000 penalties and another would pay $2,500. Their attorney is contesting the charges and wants the commission to waive all penalties and issue a “letter of education” instead.

Tennessee – Knox County Ethics Chief Asks State’s ‘Money Cop’ to Investigate County Commissioner

MSN – Allie Feinberg (Knoxville News Sentinel) | Published: 9/27/2023

Knox County Ethics Committee Chairperson Michael Covington is trying to enlist the investigative powers of the state to get to the bottom of a complaint against county Commissioner Kyle Ward over a land deal he struck with a prominent developer. Covington filed a complaint with the state comptroller’s office, which investigates allegations of fraud, waste, and abuse by government officials. Ward is accused in a complaint of paying just $10 each to developer Scott Davis for two plots of land assessed at $50,000 apiece.

Campaign Finance

Mississippi: “Mississippi Announced Incentives for Company Days After Executive Gave Campaign Money to Governor” by Emily Wagster Pettus (Associated Press) for Yahoo News

Elections

New Jersey: “Ex-Mayor Indicted After Launching Run Despite Order Barring Him from Office, Authorities” by Chris Shelton (NJ Advance Media) for MSN

Ethics

California: “Anaheim Tightens Electronic Device Policy After Probe Finds Disregard for Records Law” by Hosam Elattar for Voice of OC

National: “Ex-FBI Counterspy Chief McGonigal Pleads Guilty in Payment Plot” by Spencer Hsu (Washington Post) for MSN

New York: “N.Y. Judge Finds Trump Committed Fraud and Sanctions His Attorneys” by Shayna Jacobs (Washington Post) for MSN

Tennessee: “Knox County Ethics Chief Asks State’s ‘Money Cop’ to Investigate County Commissioner” by Allie Feinberg (Knoxville News Sentinel) for MSN

Lobbying

National: “K Street Braces for Potential Shutdown” by Taylor Giorno (The Hill) for Yahoo News

National: “Bob Menendez Singlehandedly Blocked Bipartisan Bill to Regulate Foreign Influence in D.C.” by Ken Dilanian and Frank Thorp V (NBC News) for Yahoo News

Campaign Finance Connecticut: “Ritter: No changes to campaign finance rules in special session” by Mark Pazniokas for Connecticut Mirror Indiana: “State Supreme Court Says Indiana Law Bans Corporate Contributions to Super PACs” by Brandon Smith for WVXU Elections New Jersey: “Governor Who Quit Politics Amid Scandal Eyes a New Job: Mayor” by Tracey Tully (New York Times) for DNyuz Ethics National: “Trump Fights Jack Smith Request for Narrow Gag Order in Jan. 6 Case” by Spencer Hsu and Amy Gardner (Washington Post) for MSN National: “Rupert Murdoch to Step Down as Chairman of Fox Corporation and Fox News” by David Bauder (Associated Press) for Billings Gazette Legislative Issues National: “How a Little-Known Group Helped Resurgent Democrats Wield Power” by Nick Corasaniti (New York Times) for DNyuz New Hampshire: “Investigators Conclude N.H. Lawmaker Doesn’t Live in the District He Represents” by Steven Porter (Boston Globe) for MSN Redistricting Alabama: “Supreme Court Refuses to Allow Alabama to Use Disputed Map for 2024” by Robert Barnes (Washington Post) for MSN

Campaign Finance

Arizona: “Elections Commission Adds New Disclosure Requirements for Political Ads on Air and in Print” by Howard Fischer (Capitol Media Services) for KJZZ

New York: “Adams Campaign Repeatedly Ignored Regulators’ Demands to Identify Supporters Behind $300,000 in Contributions” by George Joseph, Bianca Pallaro, and Tom Robbins for The City

Elections

New York: “Latinos Have Transformed Sleepy Hollow, but Not Their Town Board” by Grace Ashford (New York Times) for DNyuz

Ethics

National: “Rep. Lauren Boebert Rents an Apartment from an Executive for Koch-Backed Group” by Brent Griffiths for Business Insider

National: “Not Just Clarence Thomas: Lower courts facing scrutiny over ethics, disclosures, too” by John Fritze (USA Today) for Yahoo News

Florida: “After Florida Restricts Black History, Churches Step Up to Teach It” by Brittany Shammas (Washington Post) for MSN

National: “Misinformation Research Is Buckling Under GOP Legal Attacks” by Naomi Nix, Cat Zakrzewski, and Joseph Menn (Washington Post) for MSN

Redistricting

Ohio: “Ohio Republicans’ Legislative Redistricting Proposal Could Lead to More GOP Seats, Fewer Competitive Districts” by Jeremy Pelzer (Cleveland Plain Dealer) for MSN