National/Federal

Advocacy Groups Denounce GOP Proposals to ‘Gut’ Ethics Office
MSN – Kate Ackley (Roll Call) | Published: 1/3/2023

Ethics advocacy groups are sounding alarms that a proposal from House Republicans to change the Office of Congressional Ethics (OCE) could eviscerate the watchdog, leaving it unable to function. The proposals, part of a package of new rules for the chamber, appear subtle but would have a major impact on the OCE, the groups say. Republicans have proposed term limits on OCE board members, a move that critics say would disproportionately affect Democratic members of the bipartisan body. The OCE would have to make hiring decisions within the first 30 days, a potentially impossible task if the board does not have a full slate.

House Joins Senate in Passing Electoral Count Act Overhaul in Response to Jan. 6 Attack
MSN – Amy Wang and Liz Goodwin (Washington Post) | Published: 12/19/2022

President Biden signed the omnibus spending bill to fund the federal government, which included the Electoral Count Reform and Presidential Transition Improvement Act. It amends an 1887 law and reaffirms the vice president has only a ministerial role at the joint session of Congress where electoral college votes are counted. The measure raises the threshold necessary for members of Congress to object to a state’s electors.

Jan. 6 Report Recommends Congress Ban Trump from Office
MSN – Amy Gardner, Rosalind Helderman, and Jacqueline Alemany (Washington Post) | Published: 12/22/2022

The House committee investigating attack on the U.S. Capitol recommended Congress consider barring former President Trump from ever holding public office again as a result of his role inciting that day’s insurrection. The committee released its final report, concluding 18 months of work with a carefully footnoted document intended to cement its findings that Trump’s conduct following the 2020 presidential election was to blame for the unprecedented assault on Congress.

Lobbyists Relish Return to Capitol After Years of COVID Restrictions
MSN – Karl Evers-Hillstrom (The Hill) | Published: 1/5/2023

Lobbyists returned to Capitol Hill on January 3. The end of strict rules for visitors at the Capitol will boost K Street’s visibility in time for the new Congress. Thousands of lobbyists roamed the Capitol campus without an appointment or congressional escort for the first time since March 2020, when Congress implemented COVID-19 restrictions. The rules made it difficult for lobbyists to meet with lawmakers in their offices. Congressional aides and K Street representatives increasingly relied on Zoom calls because getting people into Capitol buildings required too much time and planning.

Sam Bankman-Fried Funded More Than 90% of a Leading DC Ethics Group’s Political Arm in 2021
MSN – Brent Griffiths and Dave Levinthal (Business Insider) | Published: 12/29/2022

Indicted cryptocurrency financier Sam Bankman-Fried donated $760,000 to the Campaign Legal Center’s (CLC) action fund in 2021. The contribution amounted to more than 95 percent of CLC Action’s revenue for that year and roughly 94 percent of its expenses. Bankman-Fried’s spending helped support CLC Action, a 501(c)(4), as well as the ethics watchdog’s tax-exempt charitable arm. Under its action group, the CLC filed a number of prominent lawsuits in 2021.

Santos, a Suburban House and $11,000 in Campaign Payments for ‘Rent’
DNyuz – Grace Ashford and Dana Rubinstein (New York Times) | Published: 12/29/2022

There were a series of unusual disbursements in U.S. Rep.-elect George Santos’s campaign filings that experts say could warrant further scrutiny. There are also dozens of expenses pegged at $199.99, one cent below the threshold at which federal law requires receipts. It is not known if the spending was illegal, or merely unusual. Federal and local prosecutors said they would begin inquiries into Santos’s finances and background. A New Yor Times investigation revealed he misrepresented details of his education, work history, and property ownership, along with a previously undisclosed criminal charge in Brazil.

The ‘Red Wave’ Washout: How skewed polls fed a false election narrative
DNyuz – Jim Rutenberg, Ken Bensinger, and Steve Eder (New York Times) | Published: 12/31/2022

Polling helped feed what quickly became an inescapable political narrative in 2022: a Republican wave election was about to hit the country. In the election’s immediate aftermath, the polling failures appeared to be in keeping with misfires in 2016 and 2020, when the strength of Donald Trump’s support was widely underestimated and with the continuing struggles of an industry that arose with the corded home telephone to adapt to the mass migration to cellphones and text messaging. A New York Times review of the forces driving the narrative of a coming red wave, and of that narrative’s impact, found new factors at play.

Trump Tax Returns Undermine His Image as a Successful Entrepreneur
DNyuz – Jim Tankersley, Susanne Craig, and Russ Buettner (New York Times) | Published: 12/30/2022

House Democrats released six years of former President Trump’s tax records, offering new insight into his business dealings that further undermined his long-cultivated image as a successful businessperson. The release contained thousands of pages of tax documents, including individual returns for Trump and his wife, as well as business returns for several of the hundreds of companies that make up his business organization.

Twitter Reverses Longstanding Ban on Political Advertising
MSN – Elizabeth Dwoskin (Washington Post) | Published: 1/3/2023

Twitter said it was relaxing its ban on political and issue-based advertising, a reversal of the company’s long-standing approach to paid political speech. The policy change, which comes at a moment when major advertisers are defecting from the social media platform, would allow candidates and advocacy groups to spend money to promote themselves and their causes on the service. The company announced the change and promised to “share more details” as the work got underway. There was no explanation of why Twitter made the changes or how extensive the changes would be.

From the States and Municipalities

Arizona – After Overwhelming Voter OK, Political ‘Dark Money’ Law Hailed as Model
Cronkite News – Emilee Miranda | Published: 12/23/2022

Proposition 211, which Arizona voters approved in November, requires independent organizations that spend $50,000 or more in an election cycle to support or oppose a candidate or issue in a statewide race identify any donors who gave $5,000 or more. The trigger for disclosure in local campaigns, such as city council or school board races, is $25,000. Supporters call the ballot measure a model for the rest of the country, while opponents call it a threat to free speech.

Arizona – Gov.-Elect Hobbs Refuses to Disclose Donors to Inaugural Party
Arizona Daily Star – Bob Christie (Capitol Media Services) | Published: 1/1/2023

Arizona Gov. Katie Hobbs is kicking off her term with a celebratory ball, a first for a new governor since Fife Symington had one in the 1990s. But Hobbs, who touted transparency as part of her leadership, has refused to disclose which people or corporations are paying for the party. The lack of full public disclosure extended to her taking the oath of office on January 2. That event was closed to the public and media, with the exception of a news photographer.

Arizona – Judge Rules Against Kari Lake in Bid to Overturn Arizona Election Results
MSN – Isaac Stanley-Becker and Yvonne Wingett Sanchez (Washington Post) | Published: 12/24/2022

A judge rebuffed an effort by Kari Lake, the defeated Republican candidate for governor in Arizona, to reverse the outcome of the November election, ruling against her after a trial that showcased speculation about systematic malfeasance at the polls but failed to prove it. The finding was in line with recent judgements against Abe Hamadeh and Mark Finchem, the unsuccessful candidates for attorney general and secretary of state, respectively, who also challenged their losses. The rulings show how the judiciary in Arizona rejected challenges to election results and affirmed the will of voters.

Arizona – Phoenix Council Members’ Suns Arena Suite Usage Raises Ethics Policy Questions
Yahoo News – Taylor Seely (Arizona Republic) | Published: 12/26/2022

For years, the city of Phoenix has had access to a luxury suite at the Footprint Center to promote economic development, but a controversy about city council members attending NBA playoff games and concerts the past two years is prompting discussion over whether or when such activity is ethically acceptable. While no one at City Hall says the council members violated the suite usage policy, some there are questioning whether it was appropriate for elected leaders to attend events in the skybox with campaign donors. Others wonder if it causes a perception problem.

California – Buried Treasure: California politicians stash $35 million in leftover campaign cash
MSN – Alexei Koseff and Ben Christopher (CalMatters) | Published: 12/21/2022

There are nearly 100 accounts belonging to political candidates in California with leftover campaign money. Some of the politicians holding onto past campaign contributions are simply waiting to figure out their next race, at which point they may tap into those eligible funds. Others are using the money to keep a foothold in the public arena, slowly spending down what is left on political donations, charitable contributions, and administrative expenses. Some of the money is merely sitting idle, in accounts where nothing much goes in or out, save interest and annual state filing fees.

California – Will Pay to Play Politics Be Curbed in the New Year?
Voice of OC – Spencer Custodio | Published: 1/3/2023

A new law in California aimed at curbing “pay-to-play” schemes at the local level across the state takes effect this year but questions are mounting on how effective it will be. The law mandates a 12-month waiting period for local elected officials to vote on items that could benefit campaign donors who gave $250 or more, among other provisions. Critics say it does not go far enough, arguing special interests can simply wait out the time restriction or bypass it by spending through PACs.

Florida – Florida’s Expanded Lobbying Ban Faces Legal Challenge. Some Officials Already Resigned
MSN – Anna Ceballos (Miami Herald) | Published: 12/30/2022

Five elected officials in Miami-Dade, Palm Beach, and Leon counties are suing to block new lobbying restrictions that are among the toughest in the country. The measures prohibit elected officials in the state from working as lobbyists while holding public office, and bar state and local elected officials from lobbying their state agencies or offices for six years after leaving office. The court will hear arguments in the case on January 27. In the meantime, a number of public officials will be forced to decide whether to quit public office or their private jobs, said attorney Scott Hiaasen.

Florida – Newly Released Records Show Top DeSantis Adviser Used Private Email and Alias to Coordinate Migrant Flights
MSN – Matt Dixon (Politico) | Published: 12/28/2022

Florida Gov. Ron DeSantis’s top safety official helped write language that helped a former legal client secure a state contract to oversee a controversial program to fly migrants from the southern border to Martha’s Vineyard. In the process, the official, Larry Keefe, used a non-public email address that made it appear emails were coming from “Clarice Starling,” the main character from “The Silence of the Lambs.” They show Keefe helping Vertol Systems, who he represented when in private legal practice, draft invoice language the company used when submitting its proposal to the Florida Department of Transportation.

Illinois – Mayor Lori Lightfoot Wanted Chicago Bears to Change Her Season Ticket Seats Over Security Concerns
MSN – Gregory Pratt (Chicago Tribune) | Published: 1/5/2023

Citing security concerns, Mayor Lori Lightfoot’s administration in 2019 requested “updating” her Chicago Bears season tickets, which she had held for years before being elected months earlier. Lightfoot’s security detail worried she would be hard to protect in the seats on the stadium’s 400 level, so they approached the Bears about moving her to a different location. Team officials worked with Lightfoot’s representatives to try to move the mayor’s seats, but the Bears had a problem of their own. A 2016 city ethics board ruling complicated the question of whether they could offer the mayor a free or even face-value upgrade.

Kansas – A Battle Over Subpoenas of Kansas Republican Officials Is Heating Up. Here Is What’s at Stake.
Yahoo News – Andrew Bahl (Topeka Capital Journal) | Published: 12/27/2022

A judge declined a request from the Kansas Governmental Ethics Commission to shield from the public hearings and documents related to a court tussle over subpoenas of top Republican Party officials. The cases regarding each of the seven individuals are at varying stages of adjudication, with the matter dismissed for some but ongoing for others. Attorneys for some of the defendants have sought to strike the commission’s court efforts under a state statute designed to crack down on lawsuits that are deemed to silence citizens.

Kansas – Newly Elected Kansas Attorney General Kris Kobach Fined $30,000 by FEC for Illegal Contribution from ‘WeBuildTheWall’ Scam Organization
Yahoo News – Bryan Metzger (Business Insider) | Published: 12/30/2022

Incoming Kansas Attorney General Kris Kobach was fined $30,000 by the FEC for violating campaign finance laws during a failed 2020 U.S. Senate campaign. Kobach’s campaign rented the email list of “WeBuildTheWall, Inc.” for just $2,000 in 2019, significantly below the normal rate for corporate list rentals. The FEC found that discrepancy constituted an illegal in-kind contribution from a corporation.

Maryland – Nick Mosby Files Last-Minute Rebuttal to Ethics Charges, Suggesting Next Week’s Court Hearing Will Be Delayed
Baltimore Brew – Mark Reutter | Published: 1/3/2023

The Baltimore Board of Ethics asked a judge to penalize city council President Nick Mosby for noncompliance, saying he “is seeking only to delay” the proceedings in a case concerning a fundraiser that collected over $14,000, including $5,100 from persons doing business with the city, for Mosby’s legal defense fund. A fine of up to $1,000 a day can be imposed for failing to follow a city ethics order. Mosby’s attorney recently filed a court document that argues the board misapplied ethics rules and prohibitions against gifts to elected officials to ensnare his client, which is likely to further delay a hearing in the matter.

Montana – Lawmakers Deadlock on Political Practices Commissioner
Montana Free Press – Alex Sakariassen | Published: 1/3/2023

A panel of four state legislators reached an impasse over who should become Montana’s next commissioner of political practices. Now, the task of selecting a candidate falls squarely on Gov. Greg Gianforte, whose office has yet to provide a glimpse of any frontrunner. Five candidates appeared before the committee to answer questions about their past political affiliations, lobbying activity, and understanding of the commissioner’s responsibilities in state government.

New Jersey – NJ Law Is Meant to Increase Campaign Finance Transparency. It Also Guts Local Pay-to-Play Rules.
Gothamist – Nancy Solomon | Published: 12/26/2022

The New Jersey Legislature is on the verge of changing the state’s campaign finance restrictions, despite opposition from good government groups. The Elections Transparency Act would double the amount individuals or groups could give to non-gubernatorial candidates, parties, and county party organizations. It also would dismantle local laws that prohibit campaign donations from people who do business directly with local government and regulate all those contributions through state law instead.

New Mexico – Albuquerque Officials Will Have to Reveal More About Their Personal Finances in 2023
Albuquerque Journal – Jessica Dyer | Published: 1/1/2023

Albuquerque Mayor Tim Keller signed legislation updating the city’s ethics code regarding how much financial information the mayor and council members must reveal. City Clerk Ethan Watson said the new rules mirror financial disclosure standards once proposed for state officials but never adopted at that level. He said Albuquerque is now at the forefront of transparency policy.

New York – New York State Lawmakers to Be the Highest Paid in Nation at $142,000
Yahoo News – Joseph Spector (Politico) | Published: 12/22/2022

The New York Legislature voted to increase the pay of lawmakers who take office on January 1 from $110,000 to $142,000 a year, making it by far the highest paid state legislative body in the country. The next highest is California where lawmakers get $122,694. Gov. Kathy Hochul signed the bill into law. Democrats defended the 29 percent increase, saying their salaries were stuck at $79,500 for 20 years before jumping to $110,000 in 2019 after a recommendation from a special compensation committee. The deal also includes limiting lawmakers’ outside income to no more than $35,000 a year.

North Carolina – New Year Brings Higher Limits for North Carolina Campaign Contributions
The Center Square – Victor Skinner | Published: 1/4/2023

The new year triggered higher campaign contribution limits in North Carolina to candidates and political committees, with the cap now set at $6,400. The State Board of Elections recalculates the donation limit every odd-numbered year based on the Consumer Price Index.

North Carolina – North Carolina Will Not Prosecute Mark Meadows for Voter Fraud
MSN – Meryl Kornfield and Kyle Rempfer (Washington Post) | Published: 12/30/2022

Mark Meadows, who was chief of staff to President Trump, will not be charged for voter fraud related to his 2020 registration and absentee vote in North Carolina, the state’s chief law enforcement official said. Meadows was under investigation after media reports that said the voter registration for Meadows listed a mobile home in Scaly Mountain, North Carolina he had never owned, stayed at, or visited.

Ohio – FirstEnergy Secretly ‘Engaged’ Corey Lewandowski to Lobby Trump for a Public Bailout, Subpoenaed Records Confirm After Years of Denials
Energy and Policy Institute – Dave Anderson | Published: 12/22/2022

FirstEnergy secretly ‘engaged’ Donald Trump’s former campaign manager, Corey Lewandowski, to lobby the White House to deliver a public bailout for the utility company’s coal and nuclear power plants in 2017 and 2018, records released by the Ohio Consumers’ Counsel show. Lewandowski never registered as a federal lobbyist during the Trump administration and has for years denied worked for FirstEnergy as the company lobbied to secure a federal bailout.

Ohio – FirstEnergy to Pay $3.9M Fine for Withholding Lobbying Info from Federal Regulators
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 1/3/2023

FirstEnergy will pay $3.9 million for failing to fully provide the Federal Energy Regulatory Commission (FERC) with requested lobbying and accounting information. The utility admitted it violated the FERC’s “duty of candor” rule and agreed to two years of compliance monitoring. FirstEnergy is continuing to work through issues related to bribes it doled out in support of House Bill 6, energy legislation in Ohio that provided about $1 billion to two nuclear power plants owned by a former subsidiary.

Oregon – The State Elections Director Advocated for Compliance and Investigations. Her Boss Says She ‘Didn’t Get It.’
Willamette Week – Nigel Jaquiss | Published: 1/4/2023

Deborah Scroggin’s resignation as Oregon’s elections director came 18 months after Secretary of State Shemia Fagan hailed her hiring following a nationwide search. But emails and interviews reveal Scroggin, a stickler for rules and transparency, and Fagan, who rose rapidly to the state’s second-highest office based on her bold approach to politics, were never on the same page. Initially, the Associated Press reported Scroggin stepped down because of the pressure of dealing with misinformation about elections. But when reporters asked her to confirm that explanation, Scroggin said Fagan had, in fact, asked for her resignation.

Pennsylvania – Mayoral Candidate Allan Domb Has Triggered the ‘Millionaire’s Amendment’ for Campaign Fundraising
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 1/4/2023

Mayoral candidate and real estate magnate Allan Domb triggered the “millionaire’s amendment” of Philadelphia’s political fundraising rules, which doubles the annual limits on how much money campaigns can raise from donors if any candidate gives their campaign $250,000 or more out of their own pocket. The limit on contributions from individuals is now $6,200, and $25,000 on donations from corporations or political committees. The provision stays in effect even if Domb drops or out of the race.

Pennsylvania – Philly’s Board of Ethics Has Fined Councilmember Kenyatta Johnson and Mayoral Candidate Allan Domb
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 12/22/2022

Philadelphia City Councilperson Kenyatta Johnson and former council member Allan Domb agreed to pay $2,000 in fines for violating city ethics rules in unrelated cases that involve mishandling required disclosures of real estate interests. Domb failed to follow the city’s process for disclosing conflicts-of-interest when the council considered legislation that affected a property in which he has an ownership stake. Johnson was investigated for failing to list rental income on his public financial disclosure after The Philadelphia Inquirer reported the omission.

Texas – Individuals and Other Politicians Can Spend Money on Texas House of Representatives Race, Court Agrees
MSN – Robert Garrett (Dallas Morning News) | Published: 1/4/2023

A federal judge permanently barred the state from enforcing laws that prevent outside money from being spent on a race for Texas House speaker. Three individuals had sued, saying they wished to make expenditures on behalf of Rep. Tony Tinderholt, who is challenging current Speaker Dade Phelan. The trio argued the restrictions violate the First Amendment, specifically its protections for freedom of speech and association.

Campaign Finance

National: “Sam Bankman-Fried Funded More Than 90% of a Leading DC Ethics Group’s Political Arm in 2021” by Brent Griffiths and Dave Levinthal (Business Insider) for MSN

New Jersey: “NJ Law Is Meant to Increase Campaign Finance Transparency. It Also Guts Local Pay-to-Play Rules.” by Nancy Solomon for Gothamist

Elections

National: “The ‘Red Wave’ Washout: How skewed polls fed a false election narrative” by Jim Rutenberg, Ken Bensinger, and Steve Eder (New York Times) for DNyuz

North Carolina: “North Carolina Will Not Prosecute Mark Meadows for Voter Fraud” by Meryl Kornfield and Kyle Rempfer (Washington Post) for MSN

Ethics

Arizona: “Phoenix Council Members’ Suns Arena Suite Usage Raises Ethics Policy Questions” by Taylor Seely (Arizona Republic) for Yahoo News

Florida: “Newly Released Records Show Top DeSantis Adviser Used Private Email and Alias to Coordinate Migrant Flights” by Matt Dixon (Politico) for MSN

New Mexico: “Albuquerque Officials Will Have to Reveal More About Their Personal Finances in 2023” by Jessica Dyer for Albuquerque Journal

Legislative Issues

New York: “New York State Lawmakers to Be the Highest Paid in Nation at $142,000” by Joseph Spector (Politico) for Yahoo News

National/Federal

Advocates Seek Federal Investigation of Multistate Effort to Copy Voting Software
MSN – Emma Brown, Aaron Davis, and Jon Swaine (Washington Post) | Published: 12/12/2022

An effort by supporters of former President Trump to copy sensitive voting software in multiple states after the 2020 election deserves attention from the federal government, including a criminal investigation and assessment of the risk posed to election security, according to election-security advocates. They said by copying voting software and circulating it “in the wild,” partisan election deniers have created a digital road map that could help hackers alter results or disrupt voting.

‘Dark Money in Politics an Even Darker Place’ Now, Judges Warn
Washington Post – Rachel Weiner | Published: 12/14/2022

Watchdogs looking to toughen federal enforcement of campaign finance laws will not get any help from the judiciary after an appellate court ruling that advocates and some judges warn will lead to more untraceable election spending. A nonprofit asked the U.S. Court of Appeals for the District of Columbia Circuit to take another look at a decision that prevented courts from reviewing FEC decisions or stopped private parties from challenging the commission’s decisions for cases in which the agency invokes “prosecutorial discretion.” Writing for the three-judge panel, Judge Neomi Rao said, “prosecutorial discretion is not judicially reviewable.”

DOJ: Barrack, Wynn losses won’t derail foreign influence crackdown
MSN – Caitlin Oprysko (Politico) | Published: 12/8/2022

The head of the Justice Department’s counterintelligence division vowed the department would not be deterred by a string of recent legal setbacks in its attempts to crackdown on foreign influence efforts in the United States. “We will continue to bring hard cases,” Jay Bratt said at a conference for Foreign Agents Registration Act (FARA) lawyers. Bratt was pushing back on the suggestion by some FARA practitioners that the recent acquittal of Tom Barrack on charges of illegal foreign lobbying could trigger a retrenchment by the department.

Ex-Venezuelan Treasurer, Husband Convicted of Corruption in First Trial of Its Kind in Florida
MSN – Jay Weaver and Antonio Maria Delgado (Miami Herald) | Published: 12/13/2022

A former Venezuelan national treasurer and her husband were found guilty of accepting tens of millions of dollars in bribes and moving their tainted money to Miami. Claudia Díaz Guillen and her husband, Adrian Velásquez Figueroa, were convicted after a few hours of deliberations by a federal jury of money laundering conspiracy and related charges. Díaz was the first former Venezuelan official to face trial among dozens of elite businessmen, lawyers, and officials who have been charged with foreign corruption extending from their homeland to South Florida, a hub for so-called kleptocrats seeking a haven for their ill-gotten fortunes, federal authorities say.

FTX Founder Bankman-Fried’s Campaign Finance Charges ‘Just the Tip of the Iceberg’
MSN – Julia Manchester (The Hill) | Published: 12/13/2022

FTX founder Sam Bankman-Fried was charged with violating a slew of campaign finance laws, marking another major blow for the former cryptocurrency leader. The federal indictment alleged that in addition to committing securities and wire fraud, Bankman-Fried gave a minimum of $25,000 in campaign finance donations to campaigns and PACs “in the names of other persons.” He was one of the most prominent donors in this campaign cycle. Citizens for Responsibility and Ethics in Washington had filed a complaint requesting the FEC investigate Bankman-Fried for campaign finance violations.

GOP Operative Who Allegedly Kicked a Dog Hired as Top Aide to New Congressman
Yahoo News – Daniel Lippman (Politico) | Published: 12/13/2022

Brandon Phillips, a veteran Republican operative who is slated to be chief of staff for incoming U.S. Rep. Mike Collins, was arrested in November on a misdemeanor charge of animal cruelty for allegedly kicking a dog. In 2016, Phillips resigned as Donald Trump’s state director in Georgia after his prior criminal history was revealed. He participated in a meeting that was held exclusively for congressional chiefs of staff for Georgia Republicans. Phillips also was with Collins for new member orientation.

House Democrats Reject Committee Term Limit Proposal
MSN – Lindsay McPherson (Roll Call) | Published: 12/13/2022

U.S. House Democrats rejected an effort to limit how long their committee leaders can serve without a waiver from the entire caucus. An amendment would have set a six-year term limit for committee leaders, counting time served as chair and ranking member together. Rep. Bill Foster said the members who are held back by the current system are the younger, more diverse members and his amendment would have given those members earlier opportunities to serve in committee leadership positions.

House GOP Reckons with ‘Candidate Quality’ Problem After Midterms – and ahead of 2024
MSN – Ally Mutnick (Politico) | Published: 12/13/2022

Republicans gained control of Congress thanks to wins by some of their strongest recruits in years. But far-right, inexperienced, and Donald Trump-endorsed candidates lost winnable seats across the country. Some House members and operatives are already debating and trading ideas about how to multiply the number of top-tier candidates and avoid unelectable ones. Recruitment has taken on increasing importance after the midterms. The GOP’s narrow majority will make governing nearly impossible and make the next battle for the House in 2024 a toss-up.

In Senate Shake-Up, Sinema Changes Her Party Affiliation to Independent
MSN – Liz Goodwin, John Wagner, Eugene Scott, and Leigh Ann Caldwell (Washington Post) | Published: 12/9/2022

U.S. Sen. Kyrsten Sinema announced she was leaving the Democratic Party, dampening Senate Democrats’ post-midterms celebrations and potentially endangering party’s chances of holding onto the seat in 2024. Some Arizona Democrats accused Sinema of making the switch for political reasons, to avoid a near-certain Democratic primary challenge in 2024 if she decides to run as an independent in that race. But Sinema, and some of her colleagues in the Senate, said her decision was more about reflecting a discomfort with formally belonging to a party that increasingly felt alien to her in recent years.

Inside the Secret $32M Effort to Stop ‘Stop the Steal’
MSN – Zach Montellaro (Politico) | Published: 12/12/2022

A pair of progressive organizations operating in complete secrecy spearheaded a $32 million campaign during the midterms to push back against former President Trump’s “Stop the Steal” movement. The effort was undertaken by two newly created groups: Pro-Democracy Center and Pro-Democracy Campaign. Those groups operated in states across the country as the election system faced unprecedented pressure from Trump and his allies, who falsely said the 2020 election was stolen.

Kavanaugh Holiday Party Appearance Raises More Ethics Questions
Bloomberg Law – Lydia Wheeler | Published: 12/12/2022

It was reported that Justice Brett Kavanaugh attended a private holiday party at the home of Matt Schlapp, who is chairperson of the Conservative Political Action Coalition, and attendees included Stephen Miller, whose group America First Legal Foundation has interests in cases now pending before the court. Kavanaugh’s party-going raises questions about when a justice’s personal relationships cross a line and become problematic. Democrats have recently renewed calls for sitting Supreme Court justices to follow a formal judicial code of ethics.

Police Raid More EU Parliament Offices in Corruption Probe
MSN – Samuel Petrequin (Associated Press) | Published: 12/12/2022

Prosecutors investigating alleged influence peddling at the European Parliament charged four people with corruption, participation in a criminal group, and money laundering. Parliament Vice President Eva Kaili of Greece was relieved of her duties. Authorities have not identified the country suspected of offering cash or gifts to officials in exchange for political favors, but several members of the assembly and some Belgian media have linked the investigation to Qatar. Critics said the scandal was symptomatic of a more widespread problem with corruption not just in the European Parliament, but across all the European Union institutions.

‘Stealth’ Efforts to Influence Supreme Court Discussed by Judiciary Committee
MSN – Ann Marimow and Emma Brown (Washington Post) | Published: 12/8/2022

In testimony to the House Judiciary Committee, evangelical minister Robert Schenck said he encouraged wealthy Christian couples to use tactics like donations to the Supreme Court Historical Society to meet justices and to parlay those encounters into closer relationships to achieve their objectives at the court. Schenck was subpoenaed to testify as part of an effort by Democrats on the committee to strengthen ethics rules for justices, who are not bound by any code of conduct and are responsible for policing themselves. Critics say that structure allows for loopholes that undermine public faith in the court’s independence.

Transgender Americans Feel Under Siege as Political Vitriol Rises
Yahoo – Maggie Astor (New York Times) | Published: 12/10/2022

Intimidation and violence against gay and transgender Americans spread in 2022, driven heavily, extremism experts say, by inflammatory political messaging. Over the past couple of years, it has become routine for conservatives to liken transgender people and their allies to pedophiles, and to equate discussion of gender identity with “grooming” children for sexual abuse, reminiscent of campaigns against gay rights dating back to the 1970s to turn increasing visibility of transgender Americans into a political wedge.

Trump Told Crowd to ‘Fight Like Hell’ Before Riot. Can He Be Sued?
MSN – Rachel Weiner (Washington Post) | Published: 12/7/2022

A federal appeals court debated whether Donald Trump can be forced to pay damages for his role in the riot at the U.S. Capitol to lawmakers and police officers injured by the mob. While they struggled with the line between protected speechmaking and actionable incitement, all three judges on indicated that a line exists, and the former president may have crossed it. One judge, a Trump appointee who served in his administration, said Trump potentially instigated violence when he told his supporters the election was stolen and urged them to march on the Capitol and “fight like hell.”

U.S. Judge Won’t Hold Trump’s Office in Contempt, People Familiar Say
MSN – Spencer Hsu, Jacqueline Alemany, and Josh Dawsey (Washington Post) | Published: 12/9/2022

U.S. Sen. Kyrsten Sinema announced she was leaving the Democratic Party, dampening Senate Democrats’ post-midterms celebrations and potentially endangering party’s chances of holding onto the seat in 2024. Some Arizona Democrats accused Sinema of making the switch for political reasons, to avoid a near-certain Democratic primary challenge in 2024 if she decides to run as an independent in that race. But Sinema, and some of her colleagues in the Senate, said her decision was more about reflecting a discomfort with formally belonging to a party that increasingly felt alien to her in recent years.

What the Jan. 6 Select Committee’s Final Report Will Look Like
MSN – Kyle Cheney and Nicholas Wu (Politico) | Published: 12/12/2022

The final report of the House select committee that has been investigating the January 6 insurrection will begin with a voluminous executive summary describing former President Trump’s culpability for his extensive and baseless effort to subvert the 2020 election, according to people briefed on its contents. Drafts of the report include thousands of footnotes drawn from the panel’s interviews and research over the past 16 months into Trump’s activities in the final weeks that preceded January 6, 2021, when a mob of his supporters battered police and stormed the Capitol.

From the States and Municipalities

Arizona – Kari Lake Sues Arizona’s Largest County, Seeking to Overturn Her Defeat
DNyuz – Alexandra Berzon, Ken Bensinger, and Charles Homans (New York Times) | Published: 12/9/2022

Kari Lake, the losing Republican candidate for governor of Arizona, filed a lawsuit contesting the results of the election. Lake’s lawsuit came after she had spent weeks making a series of public statements and social media posts aimed at sowing doubt in the outcome of a contest she lost by more than 17,000 votes to her Democratic opponent, Katie Hobbs. That loss was certified in documents signed by Hobbs, who currently serves as secretary of state.

California – Former SF Building Inspector Pleads Guilty to Taking Illegal Payments
MSN – Staff (KBCW) | Published: 12/9/2022

Bernard Curran, a former San Francisco building inspector, pleaded guilty to two counts of accepting gratuity payments as rewards for approving building permits. In one instance, Curran accepted $260,000 from a developer to assist Curran in paying down his existing residential mortgage so he could obtain favorable refinancing rates. Though he intended to repay the money, he knew that accepting it was improper and created a forbidden conflict-of-interest. Curran admitted the developer never required him to repay $30,000 of the outstanding balance.

California – Leaked Tape Turns LA City Council Member into a Fugitive in His Hometown
MSN – Alexander Nieves and Jeremy White (Politico) | Published: 12/13/2022

Two months after becoming entangled in a racism scandal that shook public trust in Los Angeles government, disgraced city council member Kevin de León has refused calls to resign and is attempting to rehabilitate his reputation. His situation deteriorated when he scuffled with an activist who heckled him at a holiday toy giveaway that was posted on Twitter. The confrontation left children at the event in tears. When De Leon appeared at his first council meeting since mid-October, it set off a chaotic protest between competing factions in the audience.

Colorado – Denver Schools Investigated Former Principal Over $175K in Purchases, Then Promoted Her
Yahoo News – David Migoya (Colorado Springs Gazette) | Published: 12/11/2022

A Denver Public Schools principal with a history of financial woes was investigated last year over allegations that more than $175,000 was misspent on district credit cards, nearly half of it unaccounted for and without receipts, but managed to keep her job and was eventually promoted. Although the school district confiscated the credit card it issued to Kimberly Grayson over concerns of misspending, as well as the cards issued to three others she supervised at the school, the district later gave the card back to Grayson and, according to documents, her spending quickly resumed.

Florida – Sunset Lounge Dispute with City of West Palm Beach Headed to Trial in May
MSN – Terri Parker (WBPF) | Published: 12/13/2022

The lawsuit by Vita Lounge LLC against the West Palm Beach Community Redevelopment Agency over the Sunset Lounge bid award is headed to trial in May. Vita Lounge claims it was improperly disqualified from running the historic venue after it won the bid to negotiate a contract. The city’s procurement director said Vita violated the city code surrounding such bids by lobbying people to contact the mayor and commission via Facebook posts.

Georgia – Georgia Secretary of State Calls for End to Runoff Elections
MSN – Matthew Brown (Washington Post) | Published: 12/14/2022

Georgia Secretary of State Brad Raffensperger called on the Legislature to eliminate runoff voting during its session next year after another bitter overtime election gripped the state. Raffensperger cited the added stress that conducting a runoff election puts on counties and voters as part of his reasoning. Georgia’s peculiar runoff system is the product of its post-segregationist election laws, which lawmakers later admitted were intended to suppress emerging Black political power.

Georgia – Special Counsel Sends Trump Subpoena to Ga. Secretary of State Raffensperger
MSN – Amy Gardner (Washington Post) | Published: 12/12/2022

Special counsel Jack Smith sent grand jury subpoenas to Georgia Secretary of State Brad Raffensperger and to authorities in Clark County, Nevada, bringing to six the number of 2020 battleground states where state or local election officials are known to have received such requests for all communications with Donald Trump, his campaign, and a long list of aides and allies. Raffensperger shot to prominence following a January 2, 2021, phone call with Trump in which the then-president urged him to “find” enough votes to reverse his defeat in Georgia.

Hawaii – Most Hawaii Campaign Spending Violators Never See Jail Time
Honolulu Civil Beat – Blaze Lovell | Published: 12/15/2022

Criminal referrals are rare for violations of campaign finance law in Hawaii. Certain campaign finance crimes are classified as Class C felonies, punishable by up to five years in prison and $10,000 in fines. But jail time has not been levied against campaign spending violators since the early 2000s. In the past, the Hawaii Ethics Commission had to choose between referring a case to prosecutors and assessing fines. A new law allows the commission to assess fines and refer a case to prosecutors concurrently.

Michigan – Dana Nessel: Keep Lee Chatfield records secret to avoid embarrassment
Bridge Michigan – Kelly House and Jonathan Oosting | Published: 12/14/2022

Michigan Gov. Gretchen Whitmer vowed to enact laws that would make records from her office and the Legislature publicly available and said the state needs to examine loopholes in lobbying rules that potentially contributed to the actions of former House Speaker Lee Chatfield, who is under criminal investigation over allegations of bribery, campaign finance violations, and other crimes. Assistant Attorney General Michael Frezza told a judge the probe involves other high level government officials and lobbyists.

Mississippi – Ethics Commission’s Final Order: Law does not require Legislature to meet in public
Mississippi Today – Bobby Harrison | Published: 12/14/2022

Members of the Mississippi Ethics Commission approved a final order saying the state Legislature is not bound by the open meetings law. The order adopted on December 14 saying the Legislature is not a public body as defined by the law was a final order. The issue arose from a complaint saying House Speaker Philip Gunn was violating the open meetings law when the Republican Caucus, which includes 75 members of the 122-member House, meets routinely behind closed doors. The constitution mandates that a majority of either the House or Senate is a quorum.

New Jersey – Bill to Revamp Campaign Finance Laws Clears Assembly Hurdle
New Jersey Monitor – Nikita Biryukov | Published: 12/13/2022

A New Jersey Assembly panel approved a new version of a bill that would revamp campaign finance laws that supporters say are outdated, but critics warned the changes could shield corruption and increase the influence of wealthy donors. Assembly Bill 4372 would double campaign contribution limits, bolster the state’s gubernatorial public financing program, and revise the state’s “pay-to-play” laws.

New Jersey – N.J. Politicians Could Soon Have Their Home Addresses Blocked Out on Public Records
MSN – Brent Johnson (Newark Star Ledger) | Published: 12/13/2022

Two years after passing a law that shields the home addresses of judges and law enforcement officials in New Jersey out of security concerns, state lawmakers are now advancing legislation that keep their own addresses, and those of other politicians, from being released to the public. Sponsors say the bill is needed to protect politicians in the wake attacks on public officials in recent years. Critics note lawmakers would be exempting themselves when there have been attacks on Jewish people, LGBTQ people, reporters, and others who would not get the same protections.

New Mexico – NM Lawmakers Update Anti-Harassment Policy for the Roundhouse
Albuquerque Journal – Dan McKay | Published: 12/12/2022

Legislative leaders in New Mexico agreed to reshape how sexual harassment investigations are conducted at the state Legislature, a move intended to make it more difficult for inquiries to die on a tie vote. The new policy adds an outside attorney to a key panel that investigates harassment complaints lodged against legislators, putting the attorney in position to cast a tie-breaking vote on whether a case moves forward. The change comes after a high-profile harassment case against Sen. Daniel Ivey-Soto.

New York – NYC Mayor’s Chief of Staff Will Keep a Public Board Seat with Possible Conflict
MSN – Gregory Korte (Bloomberg) | Published: 12/12/2022

Camille Varlack, the incoming chief of staff to New York City Mayor Eric Adams, serves on the board of a publicly owned energy company that does business with the city, a $140,000-a-year role she plans to keep despite a conflict-of-interest policy that generally prohibits the practice. The city charter prohibits city officials from having “an interest in a firm which such public servant knows is engaged in business dealings with the agency served by such public servant.” Sometimes employees can secure a waiver from the Conflicts of Interest Board, but the board said no such request has been granted or initiated by the mayor’s office.

Ohio – Judge Will Allow ‘Pay-to-Play’ Recording at Former GOP House Speaker Larry Householder’s Trial
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 12/13/2022

A federal judge handed an early win to prosecutors by ruling in their favor on a handful of motions over what evidence could be presented in the looming criminal trial of former Ohio House Speaker Larry Householder. U.S. District Court Judge Timothy Black granted several requests from prosecutors. He also denied others from Householder, who is accused of operating a “pay-to-play” scheme. The charge centers on FirstEnergy and its $60 million in payments to a nonprofit allegedly controlled by Householder, and legislation creating a $1.3 billion subsidy for nuclear plants owned at the time by the company’s subsidiary.

Ohio – Lawmakers Send Elections Bill with Tougher Photo ID Requirement to Gov. Mike DeWine’s Desk
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 12/15/2022

The Ohio General Assembly approved a sweeping elections bill, sending it to Gov. Mike DeWine’s desk. House Bill 458 would require a voter to show a photo ID when voting in person, either early or on Election Day. The bill includes a slew of other measures, including largely ending special elections in August, specifying that county boards of election can offer only a single drop box for completed absentee ballots, and eliminating the day of early, in-person voting the day before Election Day.

Oregon – Oregon’s Top Election Official Seeks More Money to Combat Election Misinformation
Oregon Capital Chronicle – Julia Shumway | Published: 12/8/2022

Citing an increase in misinformation, complaints, and time-consuming public records requests from election deniers, Oregon Secretary of State Shemia Fagan is seeking roughly $2 million over the next two years to hire more staff dedicated to election security and oversight. Fagan is also seeking funds to begin replacing the state’s outdated campaign finance database, ORESTAR. The system has been in place for 20 years, runs slowly, and cannot be opened in more than one tab or window, among other frustrations for users.

Pennsylvania – Cost of Pennsylvania Governor’s Race Sets New Record Amid ‘Campaign Finance Arms Race’
Spotlight PA – Angela Couloumbis | Published: 12/10/2022

The total cost of the governor’s race in Pennsylvania topped $100 million in this last election cycle, a new spending record in the race to win the state’s highest office. The spending puts on display Pennsylvania’s distinction as having some of the most lax campaign finance laws in the country, ones that place no limits on how much money candidates can accept from donors. It also gives reform advocates pause because it has the potential to raise the bar for competing in future races, entrenching incumbents, and shutting out otherwise good candidates who lack a deep bench of donors.

Pennsylvania – With Majority at Stake, Pa. House Republicans Sue to Block Democratic-Scheduled Special Elections
Spotlght PA – Stephen Caruso | Published: 12/10/2022

Pennsylvania House Republicans filed a lawsuit to block three legislative special elections from taking place in February, potentially delaying a clear-cut majority for Democrats, and allowing the GOP to maintain some measure of power into spring. The suit argues House Democratic Leader Joanna McClinton did not have the authority to schedule the elections. Democrats must win all three seats to keep their majority.

Rhode Island – AG: McKee can keep political dossiers secret despite violation of public records law
MSN – Eli Sherman (WPRI) | Published: 12/14/2022

Gov. Dan McKee’s office violated public records law in its effort to withhold background reports on some of the state’s top politicians who were being considered for lieutenant governor, but still had the right to keep the information secret under a different rationale, the Rhode Island attorney general’s office ruled. McKee’s office initially denied a request for the dossiers, arguing because the information was a “political assessment of the candidates and thereby a private political document ….”

Rhode Island – Prov. Ethics Commission ‘Is Not Working,’ Chairman Says, as Complaints Get Dismissed
WPRI – Steph Machado | Published: 12/8/2022

The Providence Ethics Commission met recently for the first time in more than a year, voting to dismiss two complaints against high-profile city leaders which they had previously voted to investigate but then never actually considered. Commission Chairperson Andrew Kanter said the complaints were dismissed not because the panel determined they did not have merit, but because it has been unable to consider them or hold hearings on them. “It’s clear the commission is not working,” Kanter said.

Tennessee – Longtime Tennessee Domestic Violence Leader Is Out Following Critical Federal Investigation
Tennessee Lookout – Anita Wadhwani and Natasha Senjanovic | Published: 12/14/2022

Kathy Walsh, the longtime leader of the Tennessee Coalition to End Domestic and Sexual Violence, has left the organization. The change comes less than a week after the media reported on findings of whistleblower retaliation at the nonprofit. Walsh helped build its reputation as the leading voice for domestic and sexual violence victims in the state. As a registered lobbyist, she also helped shape many pieces of legislation. But a federal probe found Walsh was involved in forcing out an employee who blew the whistle on the potential misuse of federal grant funds.

Virginia – Investigation Clears Va. Agency for Contract with Youngkin’s Ad-Maker
MSN – Laura Vozzella (Washington Post) | Published: 12/10/2022

The Virginia inspector general found state officials committed no wrongdoing by awarding a $268,000 contract to Gov. Glenn Youngkin’s political ad-maker in what was initially a no-bid deal. Democrats questioned how the firm, Poolhouse, won the chance to make a state tourism video and whether the Virginia Tourism Corp., a taxpayer-funded public authority, had paid too much for the 60-second spot featuring Youngkin. Poolhouse made $1.5 million in campaign ads for Youngkin during last year’ss gubernatorial race and has continued working with the governor as he explores a 2024 presidential bid.

Washington DC – D.C. Elections Board: Silverman’s poll did not break campaign finance law
MSN – Michael Brice-Saddler (Washington Post) | Published: 12/12/2022

The District of Columbia Board of Elections sided with Councilperson Elissa Silverman in her appeal of a decision from the Office of Campaign Finance (OCF), ruling she did not misuse campaign funds while polling for the Democratic primary election. She sought to clear her name over a complaint brought by fellow at-large candidate Karim Marshall, who asked the OCF to determine whether Silverman violated rules or improperly coordinated with other candidates while polling for the Ward 3 contest. The OCF had ordered Silverman to reimburse the city $6,277.52 for the polling expenditures.

Campaign Finance

Pennsylvania: “Cost of Pennsylvania Governor’s Race Sets New Record Amid ‘Campaign Finance Arms Race’” by Angela Couloumbis for Spotlight PA

Washington DC: “D.C. Elections Board: Silverman’s poll did not break campaign finance law” by Michael Brice-Saddler (Washington Post) for MSN

Elections

National: “Inside the Secret $32M Effort to Stop ‘Stop the Steal’” by Zach Montellaro (Politico) for MSN

Ethics

National: “Transgender Americans Feel Under Siege as Political Vitriol Rises” by Maggie Astor (New York Times) for Yahoo

California: “Former SF Building Inspector Pleads Guilty to Taking Illegal Payments” by Staff (KBCW) for MSN

Colorado: “Denver Schools Investigated Former Principal Over $175K in Purchases, Then Promoted Her” by David Migoya (Colorado Springs Gazette) for Yahoo News

Rhode Island: “Prov. Ethics Commission ‘Is Not Working,’ Chairman Says, as Complaints Get Dismissed” by Steph Machado for WPRI

Legislative Issues

National: “In Senate Shake-Up, Sinema Changes Her Party Affiliation to Independent” by Liz Goodwin, John Wagner, Eugene Scott, and Leigh Ann Caldwell (Washington Post) for MSN

National/Federal

Candidates Recoup $5M in Old Campaign Loans So Far Thanks to Ted Cruz’s $555K Court Win
MSN – Todd Gillman (Dallas Morning News) | Published: 11/24/2022

In May, the U.S. Supreme Court struck down limits in place for two decades that barred federal candidates from raising money indefinitely to pay off personal loans. At least 18 current lawmakers and former candidates have availed themselves of the flexibility that Sen. Ted Cruz engineered to recover loans from previous campaigns. Together, they have recouped $5 million. Paul Smith of the Campaign Legal Center, which also defended the restrictions Cruz got overturned, drew a distinction between a senator taking donations that end up in his personal account and an ex-candidate tapping unspent campaign funds to repay an old loan.

Cyberthieves Stole $186,000 from a Republican Member of Congress as Fraud Epidemic Plagues Political Committees
Yahoo News – Dave Levinthal (Business Insider) | Published: 11/29/2022

A cyber thief known only as “Vix” stole more than $186,000 from U.S. Rep. Diana Harshbarger’s campaign account in an “unauthorized fraudulent wire transfer” in July. The Harshbarger campaign told the FEC the bank in which the stolen money was deposited “froze the funds and returned all the money in question,” meaning Harshbarger did not lose the money for long, in contrast to other prominent political committees that have together lost millions of dollars in recent years. Cybertheft methods such as phishing are preferred methods among perpetrators. But more old-school techniques, such as stealing or falsifying paper checks, are also common.

Democrats Prepare to Upend Presidential Primary Calendar
MSN – Elena Schneider (Politico) | Published: 11/29/2022

The list of states with the biggest say in Democratic presidential contests could get a big shake-up. A flurry of public and private lobbying to reformat the longtime early-state lineup of Iowa, New Hampshire, Nevada, and South Carolina kicked off again after the midterms. States like Michigan and Minnesota are trying to push in, while Nevada is making a play for first-in-the-nation status over New Hampshire. The Democratic National Committee has left open the possibility of adding a fifth calendar to the slate.

Ethics Watchdog Group Seeks Probes into Oversight of Officials’ Stock-Trading Conflicts
Fox Business – Brody Mullins and Rebecca Ballhaus (Wall Street Journal) | Published: 11/22/2022

The Campaign Legal Center filed a series of legal complaints alleging the federal government is failing to adequately enforce conflict-of-interest rules.  It called on the executive-branch agency that oversees ethics rules to investigate what it called deficiencies in enforcement at several agencies. The group also requested that internal investigators at four agencies examine whether their ethics programs complied with federal rules. The legal filings were prompted by a series of articles revealing that thousands of federal employees held stock in companies that were regulated by the agencies where those employees worked.

House Democrats Prepare for Unfamiliar Territory: New leaders, in a minority
MSN – Mariana Sotomayor and Camila DeChalus (Washington Post) | Published: 11/30/2022

House Democrats elected a new generation of leaders who will be responsible for keeping the caucus united as they set their sights on winning back the majority next term. The decision by Speaker Nancy Pelosi and Majority Leader Steny Hoyer to step aside after leading Democrats for two decades has paved the way for the caucus to unite around a younger, more diverse trio of leaders. Democrats elected Rep. Hakeem Jeffries to serve as minority leader, Rep. Katherine Clark as minority whip, and Rep. Pete Aguilar as chairperson. Jeffries will make history as the first Black member to lead either party in either chamber of Congress.

Inside Sam Bankman-Fried’s Courtship of a Washington Regulator
MSN – Tory Newmyer and Peter Whoriskey (Washington Post) | Published: 11/28/2022

Crypto magnate Sam Bankman-Fried’s FTX has collapsed amid allegations of fraud. As the financial world examines why major firms threw hundreds of millions of dollars at the 30-year-old Bankman-Fried, some are looking anew at his courtship of Washington, D.C. and why he sought to build ties with Rostin Behnam and the agency he leads, the Commodity Futures Trading Commission. Bankman-Fried had given enough in political currency to expect to get an audience. He gave $40 million to politicians and PACs before the midterms, mostly to Democrats and liberal-leaning groups. Another senior FTX official, Ryan Salame, gave large sums to Republicans.

Oath Keepers’ Rhodes Guilty of Jan. 6 Seditious Conspiracy
MSN – Lindsay Whitehurst, Alana Durkin Richer, and Michael Kunzelman (Associated Press) | Published: 11/29/2022

Oath Keepers founder Stewart Rhodes was convicted of seditious conspiracy for a violent plot to overturn President Biden’s election, handing the Justice Department a major victory in its prosecution of the Capitol insurrection. Rhodes was acquitted of two other conspiracy charges. A co-defendant, Kelly Meggs, who led the group’s Florida chapter, was also convicted of seditious conspiracy, while three other associates were cleared of that charge. Jurors found all five defendants guilty of obstruction of an official proceeding: Congress’ certification of Biden’s electoral victory.

‘Opening the Gates of Hell’: Musk says he will revive banned accounts
MSN – Taylor Lorenz (Washington Post) | Published: 11/24/2022

Elon Musk said he is granting “amnesty” for suspended accounts. The announcement came after he posted a poll whether there should be reinstatements for accounts that have not “broken the law or engaged in egregious spam.” The mass return of users who had been banned for such offenses as violent threats, harassment, and misinformation will have a significant impact on the platform, experts said. Many questioned how such a resurrection would be handled, given it is unclear what Musk means by “egregious spam” and the difficulty of separating out users who have “broken the law,” which vary widely by jurisdiction and country.

Supreme Court Clears Way for Trump Tax Returns to Go to Congress
MSN – Robert Barnes (Washington Post) | Published: 11/23/2022

The U.S. Supreme Court cleared the way for a congressional committee to examine Donald Trump’s tax returns, denying without comment the former president’s last-ditch effort to extend a legal battle that has consumed Congress and the courts for years. Lawmakers have said they need Trump’s tax returns from his time in office, plus the year before his term and the year after for comparison, to help evaluate the effectiveness of annual presidential audits. Trump has argued Democratic lawmakers are on a fishing expedition designed to embarrass him politically.

Supreme Court Responds to Lawmakers on Ethics Complaints
MSN – Josh Gerstein (Politico) | Published: 11/28/2022

The U.S. Supreme Court issued an unusually forceful and detailed rebuttal to ethics concerns raised by two Democratic lawmakers about a drive by religious conservatives to entertain some justices. Sen. Sheldon Whitehouse and Rep. Hank Johnson threatened a probe if the court did not launch its own inquiry into the claims. The court’s legal counsel, Ethan Torrey, repeated and expanded on earlier denials of impropriety issued by Justice Samuel Alito, following reports in the media about a concerted campaign by religious-right activists to encourage more conservative decisions by the justices by building connections with them in social settings.

Trump’s Dinner with Antisemites Provides Test of GOP Response to Extremism
MSN – Isaac Arnsdorf, Josh Dawsey, and Marianna Sotomayor (Washington Post) | Published: 11/30/2022

Former President Trump’s refusal to apologize for or disavow the outspoken antisemites he dined with recently is setting him increasingly at odds with leaders of his own party, providing the first test of his political endurance since launching his third run for the White House. The fracas is also testing how Republicans will handle the party’s extreme fringe in the months ahead after years of racist, misogynist, and antisemitic speech flooding into the political bloodstream during the Trump era.

Canada

Canada – Questions Raised About Whether Former N.S. Premier Was Lobbying for New Golf Course
CBC – Tom Ayers | Published: 11/21/2022

Former Nova Scotia Premier Rodney MacDonald said he is not lobbying the provincial government on behalf of a private golf course developer. He is not listed on the provincial registry of lobbyists, but he has contacted all three party leaders in the Legislature about a proposed 18-hole course on protected lands. MacDonald said he has simply met with local groups on behalf of a developer and given provincial politicians a heads-up that a proposal may be coming.

Canada – Updated Lobbyists’ Code Awaits Approval from House Committee. Critics Say Changes ‘Gut Ethical Lobbying Rules’
National Observer – Natasha Bulowski | Published: 11/29/2022

Proposed changes to Canada’s Lobbyists’ Code of Conduct are ready to be examined and approved by the parliamentary ethics committee before coming into force after two years and three rounds of consultations. The draft update introduced new standards for lobbyists regarding shared relationships, political activities, and gifts. Perhaps one of the most controversial changes has to do with the time between a lobbyist campaigning to elect a politician and petitioning them in their elected role.

From the States and Municipalities

Alabama – AG Steve Marshall Says Alabama Ethics Commission Policy Undermines Enforcement
MSN – Mike Cason (AL.com) | Published: 11/29/2022

State Attorney General Steve Marshall said his office cannot rely on findings by the Alabama Ethics Commission because of a commission policy that it does not disclose exculpatory information to people under investigation. Marshall’s lawsuit says the commission’s rule to not disclose exculpatory information, evidence that is favorable to the accused, violates due process for those under investigation and impairs the ability of his office to enforce ethics laws. Marshall asked the court to declare the rule null and void.

Arizona – Three Weeks After Election, Arizona Remains in Turmoil Over Results
MSN – Yvonne Wingett Sanchez and Isaac Stanley-Becker (Washington Post) | Published: 11/28/2022

In Arizona, where problems with ballot printer ink at about a third of Phoenix-area polling places have fueled unproven Republican claims of a stolen election, events surrounding certification of the results showcased the depths of distrust in election administration in the state, as well as the willingness of GOP candidates and elected officials to sanction, even stoke, that distrust. State Attorney General Mark Brnovich has not indicated publicly how he will handle the looming deadline for the state to certify the results.

California – After Spending $39 Million, California’s Campaign Finance Website Still Trapped in 2000
Center Square – Madison Hirneisen | Published: 11/30/2022

Despite nearly $40 million spent to update California’s antiquated campaign finance website, state lawmakers are still awaiting the roll out of a new platform that was initially scheduled to go live in 2019. Now that may be pushed back to June 2026. That was the subject of a hearing to understand the delay in rolling out an updated version of the California Automated Lobbying and Campaign Contribution Electronic Search System, better known as Cal-Access.

California – Former California Police Chief Charged in CalPERS Double-Dipping Fraud Case
MSN – Randy Diamond (Sacramento Bee) | Published: 11/23/2022

Criminal charges of grand theft have been brought against Greg Love, one of several Broadmoor Police Department chiefs and commanders that the California Public Employees’ Retirement System (CalPERS) said defrauded the pension system by collecting more than $2 million in excessive retirement payments. Another former chief, David Parenti, will not be subject to any criminal prosecution. CalPERS misplaced the records for more than four years that detailed a complaint saying Parenti was collecting retirement benefits while drawing a salary as police chief and other positions, said San Mateo County Prosecutor Steve Wagstaffe.

California – These Teens Won the Right to Vote. Their County Disenfranchised Them.
MSN – Moriah Balingit (Washington Post) | Published: 11/30/2022

Many high school students in Oakland worked to lower the voting age to 16 for school board races, arguing no one had a higher stake in who led their district. They won, convincing a supermajority of the electorate in 2020 to expand voting rights to younger teens. But Alameda County, which runs the city’s elections, never implemented the measure. It also failed to deliver on a 2016 ballot initiative from Berkeley that did the same thing. So, November 8 passed like election days past: with 16- and 17-year-olds watching from the sidelines.

Florida – Suspended Florida Prosecutor Takes Fight to DeSantis in Opening Day of Federal Trial
Yahoo News – Gary Fineout (Politico) | Published: 11/29/2022

Suspended Hillsborough County State Attorney Andrew Warren took his battle against Florida Gov. Ron DeSantis to a federal court in a trial that is exposing the machinations in how the governor’s office operates. DeSantis suspended Warren in August over moves the Democratic elected official made, including signing a pledge that he would not enforce the state’s new abortion laws. Warren contends that DeSantis’s move to suspend him violated his First Amendment rights.

Georgia – Court Says Trump Aide Meadows Must Testify in Election Probe
MSN – Kate Brumback (Associated Press) | Published: 11/29/2022

The South Carolina Supreme Court said former White House chief of staff Mark Meadows must testify before a special grand jury investigating whether then-President Donald Trump and his allies illegally tried to influence the 2020 election in Georgia. The court’s opinion says the justices reviewed Meadows’ arguments and found them to be “manifestly without merit.”

Georgia – Hall County Solicitor Accused of Ignoring Campaign Finance Laws
WAGA – Randy Travis | Published: 11/22/2022

The Georgia Government Transparency and Campaign Finance Commission filed a complaint accusing Hall County Solicitor General Stephanie Woodard of failing to provide key campaign and financial disclosures for every year since 2018. Records show Woodard has spent little or no money on campaigns in recent years because she has had no opposition. But the law still requires regular reporting.

Georgia – Herschel Walker Only Recently Stopped Renting Out Georgia Home He Claims as His Residence
Yahoo News – Roger Sollenberger (Daily Beast) | Published: 11/28/2022

When he launched his campaign for the U.S. Senate in Georgia, it was widely known at the time that Herschel Walker had been living in Texas for decades, though he has claimed to maintain a residence in Atlanta for “17 years.” Less widely known was that Walker’s wife collected rental income for that residence. Federal law does not require Senate candidates to reside in the state they plan to represent until they are elected. But under Georgia law, aspiring candidates must meet certain residency requirements before they can run for office.

Illinois – Lightfoot Hit with Ethics Complaint After Taking $25K Donation from Chicago Fire Owner Involved in Training Facility Land Swap
WTTW – Heather Cherone | Published: 11/30/2022

Mayor Lori Lightfoot should be investigated for accepting a $25,000 contribution to her re-election campaign from Chicago Fire owner Joe Mansueto, according to a complaint. That donation came 57 days after the city council approved a proposal Lightfoot backed to turn over some 26 acres of Housing Authority land to the Chicago Fire Football Club. Mansueto’s donation marks the first time he has financially supported Lightfoot’s campaign.

Kentucky – What You Need to Know About Louisville Metro’s New Lobbying Rules
WFPL – Roberto Roldan | Published: 11/28/2022

Louisville Metro will require people and interest groups that try to influence city officials to register as lobbyists and file financial disclosure reports. Councilperson Bill Hollander said he proposed the legislation after looking at transparency measures taken by local governments of similar size to Louisville. The ordinance was also modeled after Kentucky’s Code of Ethics, which was approved by the General Assembly in 1993.

Maine – State Panel Fines Group That Backed Democratic Candidates
Kennebec Journal – Randy Billings (Portland Press Herald) | Published: 11/30/2022

Maine’s ethics commission voted to impose fines totaling nearly $11,000 against a group that supported Democratic state legislative candidates for violating disclosure laws and filing a late report. The commission determined American Leadership Committee-Maine violated campaign finance laws by sending mailers and running digital advertisements without disclosing the group’s top three donors. Commissioners also reviewed a slate of proposed campaign finance changes that will be submitted to the incoming Legislature.

Maryland – Marilyn and Nick Mosby Each Report $0.00 in Their Campaign Bank Accounts
Baltimore Brew – Mark Reutter | Published: 11/29/2022

Indicted State’s Attorney Marilyn Mosby and her husband, Baltimore City Council President Nick Mosby, each filed reports to the State Board of Elections saying their campaign bank accounts were empty, even though, elsewhere in the same reports, cash surpluses are listed by a computer-generated program. Previously, Baltimore Brew has pointed to many errors and inconsistencies in Marilyn Mosby’s reports, including citing her long-dead grandfather as a campaign donor and listing wrong addresses for staff at the state attorney’s office who contributed.

Massachusetts – Everett Contractor Fined for Excessive Donations to Mayor Carlo DeMaria
MSN – Stephanie Ebbert (Boston Globe) | Published: 11/25/2022

Gregory Antonelli, a contractor and developer in Everett, was fined $6,000 for illegally funneling excessive campaign contributions to Mayor Carlo DeMaria through family members. Antonelli acknowledged asking two relatives to each make $1,000 contributions to the mayor after he had donated the same sum, the maximum amount allowable under campaign finance law. “You subsequently provided cash from your personal account to each family member to reimburse them for the contributions made in their names to the Committee,?” Office of Campaign Finance Director William Campbell wrote to Antonelli.

Michigan – Michigan AG Dana Nessel Wants Lee Chatfield Investigation Records Kept Secret from Public
Yahoo News – Kelly House (Bridge Michigan) and Dave Boucher (Detroit Free Press) | Published: 11/30/2022

The state attorney general wants to restrict public access to search warrant records in its probe of former Michigan House Speaker Lee Chatfield, arguing the documents should remain shielded even though the Detroit Free Press and Bridge Michigan won a judge’s order unsealing them. The decision opens the door to the attorney general sitting on the public documents indefinitely, or at least until any formal results from the investigation are released. That, despite a state law requiring courts to release search warrants and affidavits 56 days after a warrant is issued, unless investigators convince a judge or magistrate to extend the suppression.

Missouri – Eric Schmitt’s Office Did Not Keep Travel Records after 2020, Raising Transparency Concerns
AOL – Kacen Bayless and Daniel Desrochers (Kansas City Star) | Published: 11/28/2022

In April, Missouri Attorney General Eric Schmitt walked from inside the U.S. Supreme Court to a circle of cameras and reporters stationed on the sidewalk. Schmitt took questions about his and Texas Attorney General Ken Paxton’s challenge to a Biden administration immigration policy. But as he represented the taxpayers of Missouri in front of the Supreme Court, his office did not keep his travel records. The oral arguments, covered by news organizations across the country, did not appear on his calendar. His calendar notes a “Press Conference” and two television interviews that day. There are no records showing the cost of the trip or reimbursement checks.

New Jersey – NJ Transit Report Card: A chief ethics officer with two jobs and two masters
MSN – Colleen Wilson (Bergen Record) | Published: 11/24/2022

The position of chief ethics officer was created as part of the NJ Transit reform legislation to investigate fraud, waste, and abuse. The board unanimously approved Christopher Iu for the position in 2021. Iu, however, is also the agency’s chief compliance officer, and in that role answers to Kevin Corbett, the chief executive officer of NJ Transit.  This arrangement is not what former state Sen. Loretta Weinberg had in mind when she was writing the legislation.

New Mexico – Nuclear Watchdog Accuses Ex-Environment Official of Conflicting Interests After She Accepts LANL Job
Santa Fe New Mexican – Scott Wyland | Published: 11/28/2022

A nuclear watchdog group wants a state commission in New Mexico to nullify its decision on a permit for Los Alamos National Laboratory’s radioactive liquid waste treatment facility, arguing the panel’s former chair backed a ruling favorable to the lab while she sought a job with the federal agency that oversees it. Critics say former state Water Quality Control Commission Chairperson Stephanie Stringer, who also was a deputy secretary of the state Environment Department, is the latest in a series of New Mexico regulators going to work for entities they oversee after taking actions that appear to help their new employers.

New York – De Blasio Was Admonished by Ethics Board for Using City Staff and Phone for Politicking. His Underlings Weren’t So Lucky.
The City – Yoav Gonen | Published: 11/29/2022

Former New York City Mayor Bill de Blasio violated conflict-of-interest rules more extensively than previously known, but the city’s ethics board kept the breaches under wraps by admonishing him privately. De Blasio received the two 2016 warning letters even as some lower-level municipal workers whom the board found to have similarly misused city resources or personnel got punishments that ranged from a public admonishment to fines of thousands of dollars.

New York – New Ethics Rules Derailed State’s Annual Turkey Donation Program
Albany Times Union – Brendan Lyons | Published: 11/23/2022

The New York Democratic Party hurriedly bought and helped distribute roughly 4,000 turkeys after the state’s new ethics rules derailed what had been a November rite of passage for governors to oversee the distribution of the donated birds. Attorneys for Gov. Kathy Hochul’s administration determined the law adopted this year prohibited the state from accepting the donations.

New York – Supreme Court Suggests Higher Bar May Be Needed for Corruption Cases
MSN – Robert Barnes (Washington Post) | Published: 11/28/2022

The U.S. Supreme Court appeared poised to make it tougher to prosecute political corruption cases as they signaled sympathy toward an ex-aide to former New York Gov. Andrew Cuomo and a businessperson convicted on bribery and fraud charges. The court has questioned federal prosecutors pursuing public officials for behavior that some justices have considered the normal activity of politics. The justices heard arguments by Cuomo’s former executive deputy secretary Joseph Percoco and onetime construction company executive Louis Ciminelli, who were charged in a corruption crackdown by federal prosecutors centered on Albany.

Ohio – Ethics Questions Swirl Around Lake County Commissioner
WKYC – Phil Trexler and Marisa Saenz | Published: 11/22/2022

Lake County Commissioner John Plecnik worked two full-time jobs and took on a third by using his government office and taxpayer resources. Plecnik, who earns $114,000 as a full-time Cleveland State University law school professor and about $95,000 annually as commissioner, was paid to teach an out-of-state law class via Zoom last summer and used his office to conduct the class. He donated the $9,000 teaching stipend to the Lake County NAACP chapter. Plecnik was not an NAACP member, nor has he ever made a significant contribution until it became known the media was investigating him.

Ohio – Jacob Wohl, Jack Burkman Must Spend 500 Hours Registering Voters as Penance for Phony Robocalls Targeting Black Voters in Cleveland
MSN – Cory Shaffer (Cleveland Plain Dealer) | Published: 11/29/2022

A judge ordered Jacob Wohl and Jack Burkman, two right-wing conspiracy theorists behind robocalls that sought to intimidate Black voters in Cleveland out of casting mail-in ballots in the 2020 presidential election, to spend 500 hours registering voters in low-income neighborhoods in the Washington, D.C. area. Cuyahoga County Common Pleas Court Judge John Sutula placed them on two years of probation, fined each $2,500, and ordered them to home confinement for the first six months of their probation.

Ohio – Ohio Bribery Case: Explosive Justice Department documents show Larry Householder’s involvement in pay-to-play for sports betting
WKYC – Dave DeNatale, Phil Trexler, and Neil Fischer | Published: 11/30/2022

New court filings suggest former Speaker of the House Larry Householder was heavily involved in a “pay-to-play” scandal to bring sports betting to Ohio. The Justice Department says Neil Clark instructed undercover agents to pay $50,000 to $100,000 to expedite legislation, which would eventually end up going to Householder and his associates through his “dark money” account, Generation Now.

Oregon – Oregon State Senator’s Fiery Words Test Free Speech Limits
OPB – Andrew Selsky (Associated Press) | Published: 11/29/2022

A state senator who made veiled threats against the Oregon State Police and the Senate president said he is pursuing a freedom of speech lawsuit against fellow lawmakers who sanctioned him. Sen. Brian Boquist said he also is seeking an order from the Oregon Supreme Court that would prevent the state police or the state attorney general from enforcing legislative branch rules.

Oregon – Portland Auditor Withdraws $5,520 Fine Against Rene Gonzalez’s City Council Campaign
MSN – Catalina Gaitán (Portland Oregonian) | Published: 11/23/2022

The Portland City Auditor reversed its October determination that Rene Gonzalez’s city council campaign violated campaign finance limits by accepting a subsidized $250 monthly rent for over 3,000 square feet of office space and two designated parking spots in downtown Portland owned by campaign supporter and real estate mogul Jordan Schnitzer. The announcement arrives after Judge Joe Allen revoked a $77,000 fine the city issued against the campaign. Allen said the deeply discounted office space did not surpass the fair market value of the property and therefore did not qualify as an unreported campaign contribution.

Tennessee – Former State Sen. Brian Kelsey Pleads Guilty to Two Federal Charges in Campaign Conspiracy
Yahoo News – Melissa Brown (Tennessean) | Published: 11/22/2022

Former Tennessee Sen. Brian Kelsey pleaded guilty to violating federal campaign finance laws in a scheme to bolster his failed 2016 congressional campaign. The case was moving toward a January trial when Kelsey’s co-defendant, Joshua Smith, pleaded guilty in October. Kelsey and Smith conspired to “orchestrate the concealed movement of $91,000,” the Department of Justice said, the majority of which came from Kelsey’s state Senate campaign account. The funds were shuffled to a national political group to buy advertising for Kelsey’s campaign. The organization made another $80,000 worth of contributions to Kelsey’s congressional campaign.

Campaign Finance

Maine: “State Panel Fines Group That Backed Democratic Candidates” by Randy Billings (Portland Press Herald) for Kennebec Journal

Elections

California: “These Teens Won the Right to Vote. Their County Disenfranchised Them.” by Moriah Balingit (Washington Post) for MSN

Georgia: “Court Says Trump Aide Meadows Must Testify in Election Probe” by Kate Brumback (Associated Press) for MSN

Ethics

Florida: “Suspended Florida Prosecutor Takes Fight to DeSantis in Opening Day of Federal Trial” by Gary Fineout (Politico) for Yahoo News

New Jersey: “NJ Transit Report Card: A chief ethics officer with two jobs and two masters” by Colleen Wilson (Bergen Record) for MSN

Ohio: “Ethics Questions Swirl Around Lake County Commissioner” by Phil Trexler and Marisa Saenz for WKYC

Legislative Issues

National: “House Democrats Prepare for Unfamiliar Territory: New leaders, in a minority” by Mariana Sotomayor and Camila DeChalus (Washington Post) for MSN

Oregon: “Oregon State Senator’s Fiery Words Test Free Speech Limits” by Andrew Selsky (Associated Press) for OPB

National/Federal

Cigars, Booze, Money: How a lobbying blitz made sports betting ubiquitous
Yahoo News – Eric Lipton and Kenneth Vogel (New York Times) | Published: 11/20/2022

In 2018, the U.S. Supreme Court ruled the federal prohibition on sports betting was unconstitutional. Gambling companies and their allies then deployed a full court lobbying campaign to press for sports betting in state capitals, showering lawmakers with money, gifts, and visits from sports luminaries and at times using deceptive arguments to extract tax breaks and other concessions, according to a New York Times investigation. In state after state, while lobbyists cultivated friendly relationships with lawmakers and regulators, the interests of taxpayers and people at risk of gambling problems were often on the back burner.

GOP Operative Found Guilty of Funneling Russian Money to Donald Trump
MSN – Rachel Weiner (Washington Post) | Published: 11/17/2022

A federal jury convicted a Republican political operative, Jesse Benton, for funneling illegal campaign contributions from a Russian national into Donald Trump’s 2016 campaign. Benton worked with another GOP operative to arrange for Roman Vasilenko to attend a fundraiser and take a picture with Trump. Since the event required a contribution, Vasilenko sent $100,000 to Benton’s political consulting firm, $25,000 of which Benton donated in his own name to the Trump campaign and the other $75,000 of which he pocketed.

How Carolyn Maloney’s Ticket to the Met Gala Led to an Ethics Inquiry
Yahoo News – Nicholas Fandos (New York Times) | Published: 11/21/2022

When U.S. Rep. Carolyn Maloney learned in 2016 that she had been dropped from the guest list for that year’s Met Gala, she evidently could not abide it. Maloney called a powerful friend and appeared to have done her own version of trying to talk her way on the list. In an investigative referral, a congressional ethics watchdog contended her cajoling – including reminding the Met “how much she does for the Met” – may have violated House ethics rules or federal laws that bar lawmakers from soliciting gifts, including invitations.

In New Special Counsel, a Prosecutor Schooled in Corruption Cases
DNyuz – Charlie Savage and Alan Feuer (New York Times) | Published: 11/19/2022

Attorney General Merrick Garland appointed Jack Smith as special counsel to oversee a pair of criminal investigations involving former President Trump, thrusting him into a political firestorm that will doubtlessly accompany the job. The special counsel’s purview will include the probe of Trump’s alleged retention of highly sensitive national security secrets at his Florida estate, and aspects of the effort by Trump and his allies’ effort to subvert the 2020 election and disrupt the transition of power to President Biden. Smith has been prosecuting criminal cases, including politically charged corruption investigations involving public officials, for nearly 30 years.

Pelosi to Step Down as House Democratic Leader
Yahoo News – Sarah Wire (Los Angeles Times) | Published: 11/17/2022

House Speaker Nancy Pelosi said she will not seek to lead House Democrats for another term but remain in Congress. The decision, capping a 35-year career in which Pelosi became the most powerful female member of Congress in U.S. history, followed her party’s narrow loss of the chamber in the midterm election. Pelosi is also abiding by a 2018 agreement with fellow Democrats that she would step down from leadership by the end of 2022 to make way for a new generation. Pelosi also said the attack on her husband, Paul, would be a factor in her decision.

Senior Democratic Lawmakers Demand Answers on Alleged Supreme Court Leak
MSN – Josh Gerstein (Politico) | Published: 11/20/2022

Sen. Sheldon Whitehouse and Rep. Hank Johnson are demanding that Supreme Court Chief Justice John Roberts detail what, if anything, the court has done to respond to recent allegations of a leak of the outcome of a major case the justices considered several years ago. Whitehouse and Johnson are also interested in examining claims about a concerted effort by religious conservatives to woo the justices through meals and social engagements. They made clear if the court will not investigate the alleged ethical breaches, lawmakers are likely to launch their own probe.

Trump Family’s Newest Partners: Middle Eastern governments
Yahoo News – Eric Lipton and Maggie Haberman (New York Times) | Published: 11/21/2022

The Trump Organization signed a deal with a Saudi Arabian real estate company that creates new conflict-of-interest questions for Donald Trump’s just-launched presidential campaign. The deal is for a Trump-branded hotel, villas, and a golf course as part of a $4 billion real estate project in Oman. The agreement continues a practice that had been popular for the Trump family business until Trump was elected president – selling branding rights to an overseas project in exchange for a generous licensing fee.

From the States and Municipalities

Alaska – APOC OKs Subpoenas for Republican Governors Association Execs in Dunleavy Coordination Case
Midnight Sun – Matt Acuña Buxton | Published: 11/18/2022

The Alaska Public Offices Commission issued subpoenas to two officials with the Republican Governors Association (RGA), Executive Director Dave Rexrode and Chief Financial Officer Erim Canligil. A complaint argues the independent expenditure group illegally coordinated with Gov. Mike Dunleavy’s campaign, violating laws intended to keep candidates separated from unlimited corporate spending.

Arkansas – Ethics Commission Reaches Settlements in Cases Involving Advocacy Group and Arkansas Legislators
Arkansas Democrat-Gazette – Michael Wickline | Published: 11/18/2022

The Common Ground Arkansas group founded by state Sen. Jim Hendren, along with Sen.-elect Bryan King and state Rep. Mary Bentley, have each been sanctioned with fines and public letters of caution by the Arkansas Ethics Commission. The fines range from $50 to $150. In a complaint, Sen. Trent Garner alleged Hendren, as founder and board member of Common Ground, violated state election law by engaging in expressed advocacy for the purpose of influencing the nomination for election or election of candidates.

California – Anaheim Residents Pressure City Council to Publicly Release Corruption Probe
Voice of OC – Hosam Elattar | Published: 11/16/2022

Anaheim residents will get to see if their elected leaders are corrupt after they pressured the city council to commit to releasing the findings of an internal probe. The results could implicate city staff and officials themselves. It comes after revelations of an FBI probe into City Hall and former Mayor Harry Sidhu. Federal agents allege Sidhu tried ramming through the Angel Stadium land sale for $1 million in campaign support from team officials.

California – California Raises Campaign Contribution and Gift Limits for 2023-2024
Lexology – Kimberly Railey (Covington & Burling LLP) | Published: 11/18/2022

The California Fair Political Practices Commission voted to increase limits on campaign contribution and gifts to public officials. The new caps take effect on January 1, 2023.

Connecticut – After Record Spending in CT Governor Race, Questions Arise Over Future Spending by Wealthy Candidates
CT Insider – Ken Dixon | Published: 11/21/2022

Connecticut Gov. Ned Lamont and challenger Bob Stefanowski avoided the state’s public campaign financing program in this year’s gubernatorial election, dipping into their own wealth to spend more than $30 million and raising the question of whether top of the ticket candidates will continue doing this in the future and just how wealthy someone must be to run for the state’s highest office. If the current maximum $9 million grant is not increased for governor candidates, it could subvert the purpose of the law aimed at removing lobbyist and special-interest money from statewide and General Assembly races while opening the pool of potential candidates.

Connecticut – Manager at CT State Pier Recommended Itself for $87M in Contracts
Connecticut Mirror – Andrew Brown | Published: 11/21/2022

The company hired to oversee the redevelopment of the State Pier in New London, Kiewit Corporation, recommended itself for tens of millions of dollars in subcontracts under the project, even in some cases where another construction firm submitted a lower-priced bid to the state. That arrangement is now drawing criticism from a few Connecticut lawmakers who are concerned about the potential for a conflict-of-interest. Sen. Paul Formica, who represents the district where the new pier is being built, argued it was a poor business practice to allow Kiewit to both manage the public bidding process and submit offers for work at the site.

Florida – Judge Blocks DeSantis Law on Barring ‘Woke’ Education
Yahoo News – Anthony Izaguire (Associated Press) | Published: 11/17/2022

U.S. District Court Judge Mark Walker blocked a law pushed by Florida Gov. Ron DeSantis that restricts certain race-based conversations and analysis in colleges. Walker issued a temporary injunction against the so-called Stop Woke act in a ruling that called the legislation “positively dystopian.” The law prohibits teaching that contend members of one ethnic group are inherently racist and should feel guilt for past actions committed by others. It also bars the notion that a person’s status as privileged or oppressed is necessarily determined by their race or gender, or that discrimination is acceptable to achieve diversity.

Georgia – Judge Says Georgia Law Allows Saturday Voting for Runoff
MSN – Kate Brumback and Jeff Amy (Associated Press) | Published: 11/18/2022

A judge said Georgia law allows counties to offer early voting on the Saturday after Thanksgiving, which is the only possibility for Saturday voting before the runoff election between U.S. Sen Raphael Warnock and Republican Herschel Walker. Warnock’s campaign filed a lawsuit arguing that early voting should be allowed that day. They were challenging guidance by Georgia Secretary of State Brad Raffensperger that said it would be illegal to hold early voting on Saturday, November 26, the day after a state holiday.

Idaho – September Special Session Leads to $24,000 in Fines Against 91 Idaho Lobbyists for Late Filings
Idaho Capital Sun – Kelcie Moseley-Morris | Published: 11/21/2022

Ninety-one lobbyists were fined for filing late reports following Idaho’s one-day special session on September 1. There are 393 registered lobbyists in Idaho, meaning about 23 percent of the registered lobbyists were fined. According to emails sent to the affected lobbyists, the report was due October 15, and a fine of $50 is assessed each day the report is late. Those fines are also applicable for campaign finance reports that candidates must file monthly according to election cycles. While 13 of the fines were $150 or less, the rest were $300 after the secretary of state’s office decided to reduce what were initially $700 to $900 fines.

Illinois – Madigan: Indicted but still pitching for (and getting) money
Chicago Sun-Times – Tim Novak and Dave McKinney | Published: 11/18/2022

Since being indicted last March as part of a wide-ranging corruption investigation, former Illinois House Speaker Michael Madigan has been personally soliciting campaign contributions for his Democratic ward organization and has gotten more than $400,000 for the political fund. These contributions have helped replenish $302,000 in legal fees Madigan’s groups has spent since being subpoenaed by a federal grand jury as part of the ongoing criminal case. It is unusual to see such a large haul associated with someone in the crosshairs of federal prosecutors, someone who no longer can dole out political favors and jobs, as Madigan did for decades.

Illinois – With New Campaign Fund, Mayor Lori Lightfoot’s Allies Are Raising Cash Outside City Ethics Rules Limits
MSN – Gregory Pratt (Chicago Tribune) | Published: 11/21/2022

The establishment of a new independent expenditure committee in October underscores the political battle that Chicago Mayor Lori Lightfoot’s supporters are anticipating in the coming months and the loopholes that exist in campaign finance laws and city ethics rules designed to limit the influence political backers have on elected officials’ government actions. The 77 Committee, which is being run by a longtime top adviser to Lightfoot, is allowed to accept unlimited funds for her reelection, including from city contractors who are restricted under ethics rules from contributing to the mayor’s campaign or a Lightfoot-aligned PAC.

Indiana – Doctor Says She Shouldn’t Have to Turn Over Patients’ Abortion Records
MSN – Kim Bellware (Washington Post) | Published: 11/19/2022

A physician who provided an abortion to a 10-year-old rape victim has asked a judge to stop the Indiana attorney general from accessing patient medical records as part of an investigation into consumer complaints her lawyers have called a “sham.” Caitlin Bernard’s lawyers said Attorney General Todd Rokita’s efforts to obtain the patient’s medical charts are a troubling violation of patient privacy that, if allowed, would shake trust in doctor-patient confidentiality. The state countered that Rokita’s office is allowed to access the records as it investigates complaints accusing Bernard of professional lapses.

Louisiana – Federal Grand Jury Probing Purchases by LaToya Cantrell’s Image Consultant
NOLA.com – David Hammer (WWL), John Simerman, and Gabriella Killett | Published: 11/17/2022

At least two New Orleans area stores have received subpoenas from a federal grand jury and been questioned by FBI agents about clothing purchases made by Mayor LaToya Cantrell’s image consultant, Tanya Haynes. Gray Sexton, the former lawyer for the Louisiana Board of Ethics Board, said such expenditures are proper under state law only if they are truly spent on consulting, not clothing. He noted a few limited exceptions to that rule, such as people who hold elected positions that might require them to wear a uniform, such as an elected police chief, might be able to tap their campaign funds.

New Jersey – Former Top Aide to NJ Senate Leader Pleads Guilty to Tax Evasion and Wire Fraud Conspiracy
Yahoo News – Steve Janoski and Ashley Balcerzak (Bergen Record) | Published: 11/21/2022

The former chief of staff to the New Jersey Senate president pleaded guilty to tax evasion and wire fraud charges. Tony Teixeira admitted he conspired with Sean Caddle, a former Hudson County political operative, to overcharge various campaigns, PACs, and nonprofits for work done by Caddle’s consulting firm. Caddle paid a portion in cash and the rest through checks made out to Teixeira’s relatives to conceal the kickbacks. Teixeira never reported the earnings to the IRS. Caddle remains on home confinement after pleading guilty to a plot in which he hired two hitmen to kill a former friend and associate.

New York – ‘Investment in Democracy’: NY begins matching campaign donations for state candidates
Auburn Citizen – Robert Harding | Published: 11/19/2022

A new program will allow candidates for state-level offices in New York to receive public funds to match small-dollar donations. The Public Campaign Finance Board launched the matching program recently for the 2024 election cycle. Candidates for state Legislature will be the first group eligible to apply and receive matching funds. The program will be in place for statewide candidates running in the 2026 election.

New York – Manhattan Prosecutors Again Consider a Path Toward Charging Trump
MSN – Jonah Bromwich, Ben Protess, and William Rashbaum (New York Times) | Published: 11/21/2022

The Manhattan district attorney’s office has moved to jump-start its criminal investigation into Donald Trump, seeking to breathe new life into an inquiry that once seemed to have reached a dead end. Under the new district attorney, Alvin Bragg, the prosecutors have returned to the long-running investigation’s original focus: a hush-money payment to Stormy Daniels, who said she had an affair with Trump. The renewed scrutiny of the hush money comes amid an intensifying swirl of legal and political drama around Trump.

Texas – Austin Candidates Say Bad Advice from City Made Them Miss Out on Election Funds
MSN – Sarah Asch (Austin American-Statesman) | Published: 11/21/2022

Despite following guidance from the city clerk’s office, two Austin City Council candidates will miss out on thousands of dollars they had sought from a fund set up to help candidates pay for election activities. José Velásquez and Ryan Alter filed a lawsuit asking for a restraining order to prevent the city from distributing the funds, which they say they are entitled to receive. The money is held in the Fair Campaign Finance Fund, which was set up in 2008 for candidates who sign a pledge to limit the amount of campaign contributions they accept from special interest groups or from outside the city. A judge denied the restraining order.

Washington – Public Disclosure Commissions Fines Sheriff Ozzie Knezovich for Electioneering, Lobbying; Sheriff Vows Appeal
Spokane Spokesman-Review – Kip Hill | Published: 11/18/2022

Spokane County Sheriff Ozzie Knezovich violated a pair of state laws prohibiting the use of public office for electioneering and use of public funds for indirect lobbying when he produced a YouTube video attacking Democratic lawmakers for their stance on crime, the Washington Public Disclosure Commission ruled. Knezovich was fined $300.

Campaign Finance

National: “GOP Operative Found Guilty of Funneling Russian Money to Donald Trump” by Rachel Weiner (Washington Post) for MSN

Arkansas: “Ethics Commission Reaches Settlements in Cases Involving Advocacy Group and Arkansas Legislators” by Michael Wickline for Arkansas Democrat-Gazette

Illinois: “Madigan: Indicted but still pitching for (and getting) money” by Tim Novak and Dave McKinney for Chicago Sun-Times

Ethics

National: “Garland Names Special Counsel for Trump Mar-a-Lago, 2020 Election Probes” by Perry Stein and Devlin Barrett (Washington Post) for MSN

California: “Anaheim Residents Pressure City Council to Publicly Release Corruption Probe” by Hosam Elattar for Voice of OC

Louisiana: “Federal Grand Jury Probing Purchases by LaToya Cantrell’s Image Consultant” by David Hammer (WWL), John Simerman, and Gabriella Killett for NOLA.com

Washington: “Public Disclosure Commissions Fines Sheriff Ozzie Knezovich for Electioneering, Lobbying; Sheriff Vows Appeal” by Kip Hill for Spokane Spokesman-Review

Legislative Issues

National: “Pelosi to Step Down as House Democratic Leader” by Sarah Wire (Los Angeles Times) for Yahoo News

National/Federal

Conservative Group Pressing States to Adopt Laws Protecting Companies from ‘Political Boycotts’: Report
Yahoo News – Jared Gans (The Hill) | Published: 11/11/2022

A conservative group is planning to push state lawmakers across the country to adopt legislation to shield American companies from “political boycotts.” It was reported that the American Legislative Exchange Council will lobby legislators to back its proposal at its States and Nation Policy Summit. The plan would require all government entities to include a clause in their contracts with businesses that they will promise to not “engage in economic boycotts.” The move comes amid strong Republican pushback to financial institutions seeking to distance themselves from industries such as fossil fuels.

Departing Lawmakers Are Lining Up Cushy Lobbying Gigs
MSN – Hailey Fuchs (Politico) | Published: 11/17/2022

Departing lawmakers are cashing in on their public service in Washington, D.C. by securing high-paying jobs on K Street. Former lawmakers are prohibited from directly lobbying their onetime colleagues during a waiting period that lasts one year for House members and two years for senators. But they may begin advising clients – except for foreign entities intending to influence the government – immediately. In that capacity, they can offer guidance on the inner workings of their congressional conference and access to their list of contacts.

DHS Blocked Vital Research on Domestic Threats, Say Terrorism Experts
MSN – Hannah Allam (Washington Post) | Published: 11/15/2022

As attacks rose in 2019, Department of Homeland Security (DHS) officials pledged to step up their response to domestic terrorism, funding in-depth research that would help them understand the scale of the problem. But that data collection has not begun, and $10 million languishes unused. About 20 research projects faced delays because of rulings by the department’s Privacy Office that deemed them high-risk even after researchers explained the information they intended to use was available to the public. A DHS official said federal agencies are facing criticism by both major parties for their response to political violence.

Documents Show Big Foreign Government Spending at Trump Hotel
MSN – Bernard Condon (Associated Press) | Published: 11/15/2022

The Trump hotel in Washington, D.C. took in more than $750,000 from six foreign governments at sensitive moments in their U.S. relations, with guests spending as much as $10,000 per room a night, according to documents released by a congressional committee. The Trump hotel near the White House, now a Waldorf Astoria, drew criticism from the start of Trump’s presidency for taking money from Republican politicians, companies, and foreign governments eager to curry favor with him.

FEC Targets Digital Ad Disclosure
Axios – Lachlan Markey | Published: 11/10/2022

The FEC is taking a significant step towards regulating digital political ads, taking up a measure to force disclosure of paid advertising on leading social and streaming platforms. The proposed regulation would require digital ads to disclose the entity paying for them. It would also expand the types of digital ads subject to the regulations, not just traditional banner ads or videos, but also paid social media endorsements and “influencer marketing” efforts.

Feds End Ukraine-Related Foreign Lobbying Investigation into Rudy Giuliani Without Filing Charges
MSN – Kara Scannell (CNN) | Published: 11/14/2022

Federal prosecutors investigating Rudy Giuliani’s activities in Ukraine closed their probe and said no criminal charges will be brought. Prosecutors have been investigating Giuliani, the onetime personal attorney to former President Trump, for possible violations of foreign lobbying laws since early 2019. Prosecutors had examined whether Giuliani operated on behalf of Ukrainian officials when he sought the ouster of the then-U.S. ambassador to Ukraine, Marie Yovanovitch, while urging Ukraine to investigate Joe Biden and his son, Hunter.

Judge Fines Trump Lawyers in Clinton Case Thrown Out in September
MSN – Azi Paybarah (Washington Post) | Published: 11/11/2022

A federal judge fined lawyers for former President Trump more than $66,000 and admonished them for filing frivolous and baseless claims in Trump’s defamation case against Hillary Clinton and her allies stemming from the 2016 presidential election. The fines include a $50,000 sanction to the court and an additional $16,274.23 payment to one of the 29 defendants in the case for expenses incurred as a result of the suit, which the judge dismissed in September.

McConnell Reelected Senate GOP Leader: ‘Not going anywhere’
Yahoo News – Lisa Mascaro, Brian Slodysko, and Mary Clare Jalonick (Associated Press) | Published: 11/16/2022

Sen. Mitch McConnell was reelected as Republican leader, quashing a challenge from Sen. Rick Scott after a disappointing performance in the midterm elections that kept Democrats in control. The unrest in the Senate GOP is similar to the uproar among House Republicans in the aftermath of the midterm elections that left the party split over Donald Trump’s hold on the party. The challenge by Scott, who was urged by Trump to confront McConnell, escalated a feud between Scott, who led the Senate Republican’s campaign arm this year, and McConnell over the party’s approach to try to reclaim the majority.

Questions About Donald Trump’s Campaign Money, Answered
MSN – Fredreka Schouten (CNN) | Published: 11/15/2022

With his formal announcement of a third presidential bid, Donald Trump now will face new limits on raising and spending money ahead of the 2024 election. But election lawyers and campaign finance experts said loopholes in federal election rules, and lax enforcement by federal regulators of existing laws, still offer Trump several potential routes to capitalize on the massive fundraising operation he and his aides have built since his 2020 loss.

Republicans Narrowly Win House, Ending Full Democratic Control of Congress
MSN – Hannah Knowles, Marianna Sotomayor, and Colby Itkowitz (Washington Post) | Published: 11/16/2022

Republicans were projected to win back control of the U.S. House with a narrow majority, dealing a blow to President Biden and his agenda even as Democrats defied predictions of a rout to limit the GOP’s power. Republicans sought to harness dismay at inflation, crime, and the direction of the country. Their gains fell far short of the red wave they once envisioned, as Democrats countered with campaigns centered on abortion rights and fighting Republican extremism. The GOP gains the ability to launch investigations and block legislation.

They Rallied in D.C. on Jan. 6. Now They’ll Join Congress.
MSN – Michael Kranish (Washington Post) | Published: 11/14/2022

While the Republican Party suffered surprising losses in the midterms, including defeats of many who bought into Donald Trump’s false election claims, the arrival of freshman lawmakers in Congress who had come to Washington as pro-Trump activists on January 6, 2021, underscores the extent to which the House Republican caucus remains a haven for election deniers. At least 150 election deniers were projected to win House races, compared with the 139 who voted against certifying President Biden’s election.

Trump Wanted IRS Investigations of Foes, Top Aide Says
Yahoo News – Michael Schmidt (New York Times) | Published: 11/14/2022

While in office, former President Trump repeatedly told John Kelly, his White House chief of staff, that he wanted a number of his perceived political enemies to be investigated by the IRS, Kelly said. Kelly said Trump’s demands were part of a broader pattern of him trying to use the Justice Department and his authority as president against people who had been critical of him. Kelly said he made clear to Trump there were serious legal and ethical issues with what he wanted.

Trump, Who as President Fomented an Insurrection, Says He Is Running Again
MSN – Isaac Arnsdorf (Washington Post) | Published: 11/15/2022

Donald Trump, who refused to concede defeat and inspired a failed attempt to overturn the 2020 election culminating in a deadly attack on the U.S. Capitol, officially declared he is running to retake the White House in 2024. The announcement came in a moment of political vulnerability for Trump as voters rejected his endorsed candidates in the midterm elections. Since then, elected Republicans have blamed Trump for the party’s performance and potential rivals are already plotting to challenge him for the nomination.

Two Anonymous $425 Million Donations Give Dark Money Conservative Group a Massive Haul
MSN – Hailey Fuchs (Politico) | Published: 11/16/2022

One of the biggest conservative “dark money” organizations in the nation was boosted last year by two separate anonymous gifts, each totaling more than $425 million dollars. The money was sent to DonorsTrust, a 501(c)(3) charity that has become one of the most influential conduit of funds in Republican-leaning circles. They are among the largest ever donations to a politically connected group. Under law, the individual or individuals behind those $425 million donations were not required to be disclosed to the public. DonorsTrust did not reveal them.

U.S. Intelligence Report Says Key Gulf Ally Meddled in American Politics
MSN – John Howard (Washington Post) | Published: 11/12/2022

A classified report outlines legal and illegal efforts by United Arab Emirates (UAE) to steer U.S. foreign policy in ways favorable to the country. It reveals the UAE’s bid, spanning multiple administrations, to exploit the vulnerabilities in American governance, including its reliance on campaign contributions, susceptibility to powerful lobbying firms, and lax enforcement of disclosure laws intended to guard against interference by foreign governments. The intelligence community’s scrutiny of the UAE indicates a heightened level of concern and a departure from the laudatory way the country is discussed in public by U.S. officials.

From the States and Municipalities

Arizona – Katie Hobbs Elected Arizona Governor, Defeating Trump-Backed Election Denier Kari Lake
MSN – Stacey Barchenger (Arizona Republic) | Published: 11/14/2022

Arizona Secretary of State Katie Hobbs, built a national profile by standing up to false claims about the 2020 presidential election, won the state’s gubernatorial election. With her win, Arizonans followed voters in other battleground states who rejected gubernatorial candidates who pushed false claims about election results. Hobbs will be the fifth female to hold the top elected office in Arizona, more than in any other state.

Arizona – Supreme Court Turns Down Arizona GOP Head’s Request to Shield Records
MSN – Robert Barnes (Washington Post) | Published: 11/14/2022

The U.S. Supreme Court turned down a request from Arizona Republican Party Chairperson Keli Ward to shield her phone records from the congressional committee investigating the assault on the Capitol. A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit had said it was proper for the committee to issue a subpoena seeking information about calls placed from Ward’s cellphone between November 2020 and January 202. Ward argued that would violate her First Amendment right to freedom of association.

California – Anaheim and Its Ex-Mayor Won’t Disclose His Emails and Texts, So We Took Them to Court
MSN – Gabriel San Román (Los Angeles Times) | Published: 11/16/2022

The Los Angeles Times asked a judge to compel the city of Anaheim and former Mayor Harry Sidhu to disclose records related to an FBI corruption investigation into a self-described “cabal” that allegedly ran the city. The Times is also seeking records of other city business, including any messages related to negotiations surrounding the aborted Angel Stadium sale, which collapsed after the probe became public. Sidhu, who resigned while under criminal investigation, has refused to turn over emails and text messages from personal accounts he used to conduct city business.

California – Capt. Hollywood: Who is the ex-LAPD commander who tipped off CBS to assault claim?
MSN – Richard Winton and Meg James (Los Angeles Times) | Published: 11/13/2022

Known around the Los Angeles Police Department as “Capt. Hollywood,” Cory Palka played the part. He was a regular at Hollywood Boulevard star dedication ceremonies and picked up a lucrative off-duty assignment as a bodyguard for CBS’ former chief, Leslie Moonves. His actions now are under scrutiny after it was revealed that five years ago, Palka tipped off CBS executives to the existence of a confidential complaint alleging Moonves sexually assaulted a co-worker. Palka, then captain of the Hollywood station, worked closely with CBS to contain the allegations.

California – Jury Finds L.A. Skyscraper Developer Paid Jose Huizar More Than $1 Million in Bribes
MSN – Michael Finnegan (Los Angeles Times) | Published: 11/10/2022

The development company Shen Zhen New World I was convicted of paying former Los Angeles City Council member Jose Huizar more than $1 million in bribes to win his support for a proposed skyscraper in the city. It was the second conviction of a developer accused of paying off Huizar, who left office in 2020. A federal jury found developer Dae Yong Lee guilty of paying Huizar $500,000 in cash. Huizar is scheduled to go on trial in February. From 2013 to 2018, prosecutors say, he used his city office as an extortion racket to secure more than $1.5 million in illicit payments from developers seeking city approval of projects.

California – Karen Bass Elected Mayor, Becoming First Woman to Lead L.A.
MSN – Julia Wick (Los Angeles Times) | Published: 11/16/2022

U.S. Rep. Karen Bass defeated Rick Caruso in the Los Angeles mayor’s race, making her the first woman and second Black Angeleno elected to lead the city. Confidence in local government is seemingly at a nadir after a series of City Hall indictments in recent years, and the release of a leaked audio recording less than a month before the election that revealed top officials making racist comments and scheming to maintain political power. The city’s first competitive mayoral race in nearly a decade was a story of contrasts, with two candidates who symbolized divergent visions of the city.

Georgia – Democrats Sue to Allow Saturday Voting in Georgia Runoff Amid Holiday Dispute
MSN – Mattherw Brown (Washington Post) | Published: 11/16/2022

Democrats are suing to force Georgia election officials to allow early voting on a Saturday ahead of the U.S. Senate runoff election on December 6. The suit comes in response to a determination by state officials that the law forbids voting right after Thanksgiving and a state holiday that once honored Robert E. Lee. The lawsuit argues that current guidance “applies only to primary and general elections, not runoffs.” The early voting period is set for November 28 through December 2, a stretch that does not include a weekend day, which voting rights advocates say makes it more difficult for some people to cast ballots.

Hawaii – County Ethics Watchdogs Need More Money to Do the Job Right, State Panel Says
Honolulu Civil Beat – Blaze Lovell | Published: 11/11/2022

A commission wants Hawaii’s county ethics watchdogs to have more funding to monitor, and if need be, investigate public officials after a string of public corruption cases put a spotlight on government ethics and transparency. Unlike the Honolulu Ethics Commission, with 11 full-time staff and a total budget over $650,000, the ethics boards for Kauai, Maui, and Hawaii island operate with either no funds or very little to cover travel or food expenses. Staff members are usually limited to a secretary and attorney in the county’s corporation counsel office, both of whom may have other responsibilities outside of helping the all-volunteer ethics board.

Hawaii – Hawaii Lawmakers Honored Federal Lobbyist Despite Her Conviction in a Foreign Lobbying Scandal
Honolulu Civil Beat – Nick Grube | Published: 11/14/2022

The Hawaii Senate approved an honorary certificate for businessperson Nickie Lum Davis, lauding her for her “public service and outstanding contributions to her community.” What the certificate did not mention was that Davis pleaded guilty in 2020 to federal charges and was awaiting sentencing in a criminal case. The U.S. Justice Department accused her and others of secretly lobbying the Trump administration on behalf of Chinese and Malaysian interests. Davis has submitted the certificate to a judge to bolster her character and avoid prison.

Illinois – Indicted Ald. Carrie Austin ‘Not Medically Fit’ for Trial, Her Lawyers Say Days After She Voted on City Budget
Chicago Sun-Times – Jon Seidel | Published: 11/11/2022

Lawyers for indicted Chicago Ald. Carrie Austin told a judge she is “not medically fit to stand trial” and they will seek to have her prosecution put on hold. Austin is accused of taking home improvement materials as kickbacks from a developer overseeing a $50 million development in her ward. The lawyers said Austin “cannot cooperate fully with counsel or withstand the stress of a trial.” Austin has been attending city council meetings and voting on legislation. Austin was receiving supplemental oxygen while in the council chambers recently.

Illinois – Where is Ald. Walter Burnett Jr.’s Missing $300,000 in Campaign Money?
Chicago Sun-Times – Tim Novak and Lauren FitzPatrick | Published: 11/11/2022

Since 1999, Chicago Ald. Walter Burnett Jr. reported investing $375,000 of the $4.2 million in campaign contributions he received from political supporters, but $300,000 of the invested money has disappeared from his campaign finance reports. Burnett has declined to answer reporters’ questions about his campaign reports, which he has frequently amended, some of them as many as five times. the State Board of Elections says it has known for several months that Burnett’s campaign fund stopped reporting what it has done with the invested contributions, which it is required to do under state law.

Kansas – Ex-Kansas Democratic Party Officers Disciplined for ‘Unprecedented’ Campaign Finance Errors
MSN – Andrew Bahl (Topeka Capital Journal) | Published: 11/16/2022

The Kansas Governmental Ethics Commission disciplined two former state Democratic Party officers over errors in the group’s campaign finance reports that occurred over a seven-year period. Ethics officials termed the scope of the mistakes, which total over $1.5 million in expenditures and contributions that were misreported, to be “unprecedented.” Between 2009 and 2016, the party had underreported over $500,000 in contributions, as well as $507,000 in unreported expenditures, plus additional assets that were overreported.

Kansas – Legislative Veto of Regulations Amendment Fails in Closest Vote of Kansas 2022 Election
MSN – Jason Tidd (Topeka Capital-Journal) | Published: 11/16/2022

Kansas voters appear to have narrowly rejected a proposed constitutional amendment that would have created a so-called legislative veto over administrative rules and regulations. Supporters of the amendment viewed it as a way to ensure the legislative branch, which generally delegates regulatory authority, had sufficient checks and balances over the executive branch, which typically promulgates and enforces regulations. Opponents feared the extent to which legislators, who are not typically experts on regulations, could be influenced by lobbyists or political motivations.

Kentucky – Lobbyists Who Engage Louisville Officials Must Register with City Under New Ordinance
Yahoo – Billy Kobin (Louisville Courier-Journal) | Published: 11/11/2022

A new ordinance in Louisville requires lobbyists and principles to register if they engage with public officials and file expenditure reports. It sets a $500 limit on gifts from lobbyists to candidates and officials and their families. Lobbyists may pay the cost for an official to attend certain events as long as it does not exceed $300. When he introduced the proposal, Metro Councilperson Bill Hollander said it would fix “a gaping shortfall of our ethics ordinance.”

Louisiana – NOPD Investigating Officer Frequently Inside Cantrell’s City-Owned Apartment
MSN – Lee Zurik and Dannah Kirby (WVUE) | Published: 11/9/2022

Surveillance video has led to more questions about how New Orleans Mayor LaToya Cantrell is spending her time and taxpayer dollars. While investigating whether Cantrell was living at a city-owned apartment complex, the video showed she spent many hours inside the apartment, often during the workday, and sometimes stayed overnight. The head of the Metropolitan Crime Commission, Rafael Goyeneche, said that could be a violation of a policy that states city property is for work-related purposes and not personal benefit. The videos also show Cantrell is also spending hours there with one member of her security team.

Maryland – Carroll County Commissioners Approve Updated Ethics Rules on Financial Disclosures and Gifts
MSN – Sherry Greenfield (Baltimore Sun) | Published: 11/11/2022

The Board of Carroll County Commissioners approved new provisions in the county’s ethics ordinance to reflect changes in state law regarding gifts and financial disclosures. Commissioners have been discussing since September state law measures enacted by the General Assembly in 2021 that changed ethics law requirements for local governments.

Nevada – Democrats Keep Control of the Senate with Win in Nevada
MSN – Hannah Knowles and Liz Goodwin (Washington Post) | Published: 11/13/2022

Democrats retained control of the U.S. Senate, clinching a narrow majority as they showed strength in battleground races in a daunting midterm year that handed President Biden a major victory as he looks to his next two years in office. The final blow to Republican hopes of retaking the chamber came in Nevada, where Sen. Catherine Cortez Masto won reelection, ensuring Democrats a 50th seat, with a runoff election still to come in Georgia that could pad their slim majority.

New Mexico – NM Supreme Court Throws Out Couy Griffin’s Appeal
Source New Mexixo – Austin Fisher | Published: 11/15/2022

Former Otero County Commissioner Couy Griffin failed to explain to the New Mexico Supreme Court how he would challenge his removal from elected office, so the justices threw out his appeal. A lower court ruling also barred him for life from serving in elected federal and state positions. It was the first time an elected official was unseated by court order as a result of participating in or supporting the January 6 attack on the U.S. Capitol.

New York – Free Speech of Ex-State Workers Under Scrutiny in APA Case
Albany Times Union – Gwendolyn Craig (Adirondack Explorer) | Published: 11/11/2022

A retired Adirondack Park Agency staff member’s stymied attempt at submitting input this summer during the agency’s open public comment period could lead New York’s Commission on Ethics and Lobbying in Government to consider the matter and what it could mean for past and present state employees’ participation in solicited feedback.  APA Associate Counsel Sarah Reynolds wrote Linck that his written comments “appear to contain confidential information” and may violate post-employment restrictions. Reynolds said the agency would not consider them and referred Linck to the state ethics commission.

New York – Groups Urge State Ethics Watchdog to Probe $5M Cuomo Book Approval, Failed Policies
Spectrum News – Kate Lisa | Published: 11/14/2022

Good-government groups want New York’s new ethics commission to learn from the mistakes of its predecessor, the Joint Commission on Public Ethics (JCOPE), which was disbanded this year. The coalition sent a letter to the Commission on Ethics and Lobbying in Government, pushing it to revisit the decisions that led to the approval of former Gov. Andrew Cuomo’s $5 million book deal and JCOPE’s policies. In September, the new commission voted to follow precedent from JCOPE when making decisions, pushing watchdogs to file a complaint. In October, the commission voted to continue any pending cases JCOPE did not finish.

New York – New York City Football Club Stadium Deal Provides Affordable Housing – and a Win for Lobbyist with Ties to Adams
MSN – Chris Sommerfeldt and Michael Gartland (New York Daily News) | Published: 11/16/2022

A $780 million soccer stadium deal in Queens approved by New York City Mayor Eric Adams was a win for one of his top political advisers, who lobbied City Hall for months on behalf of the project’s developer. Nathan Smith, a political strategist who served as a top aide in Adams’ 2021 mayoral campaign, signed a lobbying contract with City Football Group to lobby the mayor’s team to develop a facility for the New York City Football Club. So far, Smith’s firm, Red Horse Strategies, has been paid $20,000 by the club’s owner.

Ohio – Jury Convicts Dover Mayor Richard Homrighausen of Six Theft-Related Charges
Yahoo News – Nancy Molnar (The Times-Reporter) | Published: 11/16/2022

Dover Mayor Richard Homrighausen was convicted on theft in office and five other criminal charges. The jury found him guilty of four counts of soliciting improper compensation for taking fees for performing wedding ceremonies. He was also convicted of dereliction of duty for failing to deposit the payments in the city treasury. The theft in office conviction bars Homrighausen from holding public office for life. Authorities said Homrighausen did not claim the fees on his federal, state, or local taxes or declare the payments on financial disclosure forms.

South Dakota – Ethics Board Subpoenas DCI for Investigation Report into If Gov. Kristi Noem Misused the State Airplane
Yahoo News – Annie Todd (Sioux Falls Argus Leader) | Published: 11/14/2022

The Government Accountability Board issued a subpoena for the Division of Criminal Investigation relating to its investigation into South Dakota Gov. Kristi Noem’s alleged personal use of the state airplane. The move comes after the Hughes County state’s attorney found there were “no facts to support a criminal prosecution under current law” and returned the complaint to the board.

Tennessee – Campaign Finance Watchdog Files Complaint Against Harwell
Tennessee Lookout – Sam Stockard | Published: 11/15/2022

The Campaign Legal Center filed a complaint against former Tennessee House Speaker Beth Harwell claiming she violated the law by moving $47,000 in “soft money” into her failed congressional campaign this year. The complaint say Harwell appears to have broken federal rules by directing $35,000 from the Beth Harwell Committee and $12,000 from the Harwell PAC, both state accounts, into a super PAC that purchased advertising supporting her Fifth Congressional District campaign in advance of the August primary.

Texas – Texas Investigating Voting Difficulties in Houston’s Harris County
MSN – Molly Hennessey-Fiske (Washington Post) | Published: 11/16/2022

Texas Gov. Greg Abbott called for a criminal investigation into “widespread problems” and “allegations of improprieties” in Harris County’s election. He noted voting in the nation’s third-largest county was plagued by understaffing, broken voting machines, and paper ballot shortages, even though turnout was lower than county officials expected. Abbott and other Republicans have claimed the problem was especially acute in conservative areas, although complaints came from Democratic areas as well.

Washington DC – D.C. Housing Authority Internal Auditor Alleges Illegal Contracting
MSN – Steve Thompson (Washington Post) | Published: 11/13/2022

The District of Columbia Housing Authority (DCHA) illegally contracted with a software company, spending about $1 million without competitive bidding and splitting the amount into smaller purchases to escape scrutiny from the agency’s board, according to a report by the authority’s internal auditor. The review alleges that DCHA under its previous director, Tyrone Garrett, entered the first of the “illegal contracts” in 2019. But in a more immediate concern for the agency’s board, the review also accuses DCHA’s current executive staff of improperly trying “to use emergency contracts to cover up the error of obtaining an illegal contract.”

Campaign Finance

National: “Questions About Donald Trump’s Campaign Money, Answered” by Fredreka Schouten (CNN) for MSN

Elections

Texas: “Texas Investigating Voting Difficulties in Houston’s Harris County” by Molly Hennessey-Fiske (Washington Post) for MSN

Ethics

National: “DHS Blocked Vital Research on Domestic Threats, Say Terrorism Experts” by Hannah Allam (Washington Post) for MSN

California: “Anaheim and Its Ex-Mayor Won’t Disclose His Emails and Texts, So We Took Them to Court” by Gabriel San Román (Los Angeles Times) for MSN

Illinois: “Indicted Ald. Carrie Austin ‘Not Medically Fit’ for Trial, Her Lawyers Say Days After She Voted on City Budget” by Jon Seidel for Chicago Sun-Times

Louisiana: “NOPD Investigating Officer Frequently Inside Cantrell’s City-Owned Apartment” by Lee Zurik and Dannah Kirby (WVUE) for MSN

New Mexico: “NM Supreme Court Throws Out Couy Griffin’s Appeal” by Austin Fisher for Source New Mexixo

Legislative Issues

National: “McConnell Reelected Senate GOP Leader: ‘Not going anywhere’” by Lisa Mascaro, Brian Slodysko, and Mary Clare Jalonick (Associated Press) for Yahoo News

National/Federal

Democrats Buck Midterm History to Win Control of 4 States
Yahoo News – David Lieb (Associated Press) | Published: 11/9/2022

Defying historic midterm trends, Democrats wrested control of state legislative chambers away from Republicans in Michigan and Minnesota while also gaining full control of state Capitols in Maryland and Massachusetts. The Democrats’ gains gave them power to set agendas in four states that previously had politically divided governments. Only twice since 1900 had the president’s party posted a net increase in state legislative seats during a midterm election – in 1934 and in 2002, a year after the September 11 terrorist attacks.

‘Espionage Lite’ or Deal Making? Prosecutors Struggle to Draw a Line.
DNyuz – Rebecca Davis O’Brien (New York Times) | Published: 11/7/2022

Thomas Barrack, an adviser to former President Trump, was acquitted of violating federal law by acting as a foreign agent without authorization while trying to help the United Arab Emirates influence the Trump administration. The charges included acting as an agent of a foreign government without notifying the attorney general, a charge the Justice Department has referred to as “espionage lite,” a violation of Section 951 of the U.S. criminal code. In recent cases, the misconduct charged under the law more closely resembles lobbying, business dealings, or management consulting. “[Prosecutors] are now using the statute in this very fuzzy context of influence,” said Robert Kelner, an expert on government ethics law.

Fed Up with Political Text Messages? Read On.
Yahoo News – Natasha Singer (New York Times) | Published: 11/5/2022

In October, people in the United States received an estimated 1.29 billion political text messages, about twice as many as in April, according to an app that blocks Robocalls and spam texts. Many voters have complaints about it. Many were rife with divisive language or deceptive content. Political texting is becoming a go-to method for spreading doomsday scenarios, lies, and campaign smears. FEC rules requiring political ads on broadcast television, cable, and radio to disclose their sponsors do not apply to political text messages.

Federal PAC Supporting Ron DeSantis’ Presidential Bid Sues FEC Over List-Sharing Ruling
Open Secrets – Taylor Giorno | Published: 11/3/2022

Ready for Ron sued the FEC after the agency blocked the hybrid PAC from sharing a petition with tens of thousands of supporters and their contact information with Florida Gov. Ron DeSantis to encourage him to run for president in 2024. At the heart of the lawsuit is whether that list, something campaigns typically spend a lot of money compiling, is political speech or an in-kind contribution. If successful, the lawsuit could poke more holes in regulations barring coordination between super PACs and campaigns, experts said.

Former Government Officials’ Details Missing from Hundreds of Lobbying Returns
thejournal.ie – Stephen McDermott and Cormac Fitzgerald | Published: 11/9/2022

Dozens of former government officials who subsequently lobbied senior figures have incorrectly appeared as ‘ordinary; lobbyists on Ireland’s register of lobbying. An analysis found almost 400 returns on the Lobbying Register in which ex-ministers, ministerial advisers, and secretaries general were not listed as what are known as former Designated Public Officials as required by law. The incomplete entries included lobbying returns filed on behalf of multinationals such as Google, Huawei, Diageo, and Merck.

GOP Exuberance Crashed into Democratic Resistance to Defy Midterm Expectations
MSN – Dan Balz and Dan Keating (Washington Post) | Published: 11/9/2022

Few foresaw that Democrats would defy expectations of a “red wave” in the midterm elections, but the pattern of results has been a part of the country’s politics for some time, ever since Donald Trump won the White House in 2016. The forces that aligned against Trump in 2018 and 2020 were evident again on November 8. Abortion and concerns about extremism in the GOP proved as potent in energizing voters on the left as inflation, crime, and illegal immigration did in aiding Republicans. President Biden’s low approval ratings turned out to be less catastrophic for Democratic candidates than history would have suggested.

How Trump’s Bogus Election Day Claims Broke Through Facebook and Twitter Bans
MSN – Mark Scott (Politico) | Published: 11/9/2022

Donald Trump spent Election Day posting unfounded allegations on his own Truth Social platform, as well as on the encrypted messenger Telegram. Those platforms are far smaller than Facebook and Twitter, which have banned Trump, and state officials quickly debunked the claims. But his accusations boomeranged onto more mainstream platforms as candidates, high-profile influencers, and voters shared his allegations. It offers a preview of how hard it will be for even powerful platforms to contain false or misleading statements by the former president in 2024.

Investigators Search for Pricey Gifts to Trump from Foreign Leaders
MSN – Jacqueline Alemany and Josh Dawsey (Washington Post) | Published: 11/4/2022

Congressional investigators are looking for dozens of pricey mementos gifted to former President Trump and his family members by foreign governments. The House Oversight Committee has asked for help in locating the items from the National Archives, which is among the agencies charged with keeping presidential gifts. The committee asked the archives to check whether the gifts are among the items transferred there from the White House at the end of Trump’s presidency as required by law. The committee is also seeking records from Trump’s team about its record keeping, a Trump adviser said.

Private Equity Firm Bets on Washington
MSN – Theodoric Meyer (Washington Post) | Published: 11/10/2022

Private equity is pouring more money into Washington, D.C., investing in a group of polling, public relations, lobbying, and political consulting firms. Seidler Equity Partners, a private equity firm based in California, has taken a minority stake in a conglomerate of 10 firms. Seidler’s investment will allow GP3 Partners to buy more companies to become a bigger player in Washington, said Darrell Lauterbach, GP3’s chief executive. K Street is highly fragmented, with hundreds of lobbying, law, communications, and political consulting firms competing for business.

Spanish Govt Proposes Rules for Lobbyists, Public Officials
Yahoo News – Associated Press | Published: 11/8/2022

Spain’s Council of Ministers introduced a bill to increase the transparency of interactions between public officials and lobbyists. Officials involved in any stage of policymaking would have to report their meetings with representatives of companies or groups that hoped to influence governmental decisions. Lobbyists would need to enroll in a new electronic registry of interest groups to carry out any encounters with any members of the government, among other provisions.

The FEC Isn’t Enforcing the Law. Does It Even Matter?
Mother Jones – Russ Choma | Published: 11/8/2022

With the three Democratic commissioners and the three Republican commissioners on the FEC deadlocked for years, the agency has failed to reach any meaningful consensus on major enforcement issues. Transparency activists are upset over the actions of the FEC’s newest Democratic member who joined the agency in August. Dara Lindenbaum has several times voted with the Republicans to dismiss enforcement cases that advocates had hoped would be pushed to the courts to decide. Lindenbaum and Republican Chairperson Allen Dickerson say that by finding a kind of bi-partisan agreement they are getting the FEC moving again.

Trump Called a Protest. No One Showed. Why GOP Efforts to Cry Foul Fizzled This Time.
MSN – Rosalind Helderman, Patrick Marley, and Tom Hamburger (Washington Post) | Published: 11/9/2022

After two years of promises from Donald Trump and his supporters they would flood polls and counting stations with partisan watchers to spot alleged fraud, after threats lodged against election workers, and after postings on internet chat groups called for violent action to stop supposed cheating, a peaceful Election Day drew high turnout and only scattered reports of problems. Election officials said they believed the relative normalcy resulted from a combination of concerted effort on the part of well-prepared poll workers and voters, as well as that some of Trump’s loudest supporters were less potent than they had claimed.

U.S. Judiciary Launches Online Database of Judges’ Financial Disclosures
Reuters – Nate Raymond | Published: 11/7/2022

Members of the public will be able to search federal judges’ financial disclosure reports detailing their assets and stock trades through a congressionally mandated online database that went live recently. The launch comes after President Biden in May signed into law a bipartisan bill that would make it easier for the public to see if a judge has a financial conflicts-of-interest warranting his or her recusal from hearing a case. The law was prompted by a Wall Street Journal report that more than 130 federal judges had failed to recuse themselves from cases involving companies in which they or their family members owned stock.

From the States and Municipalities

Arizona – Arizona Voters Back Ballot Measure Taking Aim at ‘Dark Money’
MSN – Isaac Stanley-Becker (Washington Post) | Published: 11/9/2022

Arizona voters approved a ballot measure that aims to curb “dark money” in elections. The money is veiled because it travels through nonprofits, which are exempt under current law from disclosing their donors. Proposition 211 requires any group making independent expenditures of at least $50,000 in statewide races or $25,000 in other races to report donors contributing more than $5,000. Approval of the measure could galvanize similar efforts elsewhere, said Terry Goddard, the former Arizona attorney general who spearheaded the move to put the issue on the ballot,

California – Inside the L.A. County Sheriff’s Department Corruption Investigation of Its Own Watchdogs
MSN – Michael Finnegan and Laura Nelson (Los Angeles Times) | Published: 11/3/2022

Los Angeles County Sheriff’s Department searched the home of county Supervisor Sheila Kuehl’s after it had spent three years looking into an allegation that Kuehl, one of Sheriff Alex Villanueva’s harshest critics, had taken bribes from a friend in return for Metropolitan Transportation Authority contracts. A Los Angeles Times review of the case found it is based on the testimony of one person, a former Metro employee named Jennifer Loew, who brought her bribery complaint to at least four law enforcement agencies but found a receptive audience only at the Sheriff’s Department. The Times found no evidence to support Loew’s allegation.

California – Jury Returns Guilty Verdicts on All Counts in Santa Clara County Sheriff Corruption Trial
MSN – Robert Salonga (Bay Area News Group) | Published: 11/3/2022

A jury reached guilty verdicts on all six counts in the civil corruption trial of now-former Santa Clara County Sheriff Laurie Smith, capping a monthlong trial that Smith nearly upended with her abrupt resignation, though a judge ordered the case to continue. A grand jury’s formal accusations alleged she illicitly steered concealed-carry weapons permits to donors and supporters, undermined state gift-reporting laws, and stifled a civilian auditor’s probe into a high-profile injury case at the county jail.

Florida – Conflicts of Interest, Cronyism at SFRTA, Tri-Rail’s Operator, Amid Furtive Renewal of Costly Lobbying Contract
Florida Bulldog – Dan Christensen | Published: 11/7/2022

The governing board of the South Florida Regional Transportation Authority (SFRTA), ditched staff plans to seek bids for lobbying services and instead rehired its longtime lobbyist amid apparent cronyism, conflicts-of-interest, and possibly wasteful spending. The rehiring of lobbyist Candice Ericks, vice president of TSE Consulting, the lobbying arm of the Tripp Scott law firm, came during a March meeting. Among the SFRTA board members who voted to abandon seeking bids and renew Ericks’s expiring $246,000-a-year contract was Ericks’s own boss – Tripp Scott co-founder, fellow TSE lobbyist, and SFRTA Vice Chairperson James Scott.

Georgia – Georgia’s Senate Race Will Go to a Runoff Between Warnock and Walker
MSN – Mariana Alfaro (Washington Post) | Published: 11/9/2022

The U.S. Senate race in Georgia between Democratic incumbent Raphael Warnock and Republican Herschel Walker is heading to a December 6 runoff. Georgia Secretary of State Brad Raffensperger said the state has looked at “the outstanding vote totals and neither one would be on 50 percent,” the threshold needed for victory. Georgia is one of two states, along with Louisiana, in which runoffs are required during general elections when no candidate secures more than half the votes.

Georgia – Gingrich Ordered to Appear Before Ga. Grand Jury Probing 2020 Election
MSN – Tom Jackman (Washington Post) | Published: 11/9/2022

A Virginia judge rejected an attempt by former House Speaker Newt Gingrich to evade a summons for his grand jury testimony in Georgia, where Fulton County District Attorney Fani Willis is investigating efforts by supporters of former President Trump to overturn the 2020 election results in that state. Gingrich’s lawyers argued the federal law that normally requires states to honor out-of-state grand jury summonses should not apply in this case because the special grand jury in Georgia lacks the power to indict. But Fairfax County Circuit Court Judge Robert Smith said the law does not parse out a difference between types of grand juries.

Hawaii – Hawaii May Soon Have More Tools to Prosecute Public Corruption
Honolulu Civil Beat – Blaze Lovell | Published: 11/9/2022

A statewide standards commission recommended new felonies dealing with fraud, false claims, and statements that may allow state and county prosecutors to bring charges against public officials similar to those brought by federal prosecutors in a string of public corruption cases this year. The U.S. Department of Justice has brought a handful of cases dealing with bribery and other forms of public corruption in Hawaii under the broad federal crime of honest services wire fraud. “It would have been difficult if not impossible to charge those cases under the existing state laws,” Flo Nakakuni, a deputy Honolulu prosecutor.

Kentucky – Kentucky Rejects Amendment 1, in Blow to Legislature’s GOP Supermajority
MSN – Joe Sonka (Louisville Courier-Journal) | Published: 11/8/2022

Kentucky voters rejected a ballot referendum that would have amended the state constitution to allow lawmakers to call themselves into a special session, a victory for Democratic Gov. Andy Beshear over the supermajority Republican Legislature. Only the governor can call legislators into a special session, during which they are only permitted to pass bills that are within the parameters set by the governor, as Beshear did in August to address flood relief.

Kentucky – ‘Shocks the Conscience.’ Panel Orders Kentucky Judge Removed Over Ethics Violations
MSN – Bill Estep (Lexington Herald Leader) | Published: 11/4/2022

A Kentucky judge committed a long list of violations that included mismanaging his courtroom, pressuring people for campaign contributions, violating people’s rights, and rigging bids for a home-detention monitoring service, a state ethics panel ruled. The Judicial Conduct Commission issued an order removing Circuit Court Judge James Jameson from office. Jameson was up for reelection, but the panel went further to say he is unfit for office in a new term as well.

Maine – Maine Gives Companies More Time to Disclose PFAS Use After Requests from Lobbying Groups
Bangor Daily News – Mehr Sher | Published: 11/7/2022

Maine lawmakers passed a law last year to require all manufacturers selling items in the state, from cars to T-shirts, to disclose whether their products contain toxic chemicals. Requiring disclosure was also a step toward Maine’s plan to prohibit the sale of products containing the per- and polyfluoroalkyl substances, known as PFAS. As the deadline to make the information public approaches, the state has been allowing national lobbying groups to delay the requirement on behalf of their members, some of whom said they did not even know they had been granted an extension.

Massachusetts – AP Sources: Justice Dept. watchdog probing Mass. US attorney
Yahoo News – Alanna Durkin Richer and Michael Balsamo (Associated Press) | Published: 11/7/2022

The Justice Department’s inspector general has opened an investigation of the top federal prosecutor in Massachusetts, prompted by U.S. Attorney Rachel Rollins’ appearance at a political fundraiser featuring first lady Jill Biden. The inspector general’s office is focusing on Rollins’ attendance at the Democratic National Committee event in July as well as her use of her personal cellphone to conduct official business. An investigation by the department’s internal watchdog targeting one of the nation’s 93 U.S. attorneys, is highly unusual.

Massachusetts – Former State Police Union Head Dana Pullman, Lobbyist Anne Lynch Convicted of Racketeering, Fraud
MSN – Tom Matthews (MassLive) | Published: 11/3/2022

The former president of the Massachusetts State Police union, Dana Pullman, and former lobbyist Anne Lynch were convicted by a federal jury of racketeering, fraud, obstruction of justice, and tax crimes. Pullman was the president of the State Police Association of Massachusetts (SPAM) from 2012 until his resignation in 2018. Lynch’s lobbying firm represented SPAM during the same time. Pullman and Lynch defrauded SPAM members and the state when Lynch paid Pullman a $20,000 kickback in connection with a settlement agreement between SPAM and the state, officials said.

Michigan – Proposal 1: Michigan voters pass term limits, financial disclosure reform measure
Detroit News – Carol Thompson | Published: 11/8/2022

Michigan voters overwhelmingly passed a constitutional amendment that would require state lawmakers to disclose some information about their personal finances and relax legislative term limits. Michigan is one of few states that do not require lawmakers to disclose anything about their personal finances while in office. Proposal 1 requires legislators, the governor, secretary of state, and attorney general to file annual financial disclosure reports starting in April 2024.

New Jersey – Lawmaker Calls for Review of State Office That Prosecutes Public Corruption Cases
New Jersey Monitor – Dana DiFilippo | Published: 11/4/2022

New Jersey Joe Cryan is calling for an independent review of the state attorney general’s office of public integrity and accountability after a Bergen County judge dismissed a public corruption indictment and raised questions about the office’s ethical conduct. Cryan’s demand comes after several high-profile losses for the office, which former Attorney General Gurbir Grewal launched in 2018 to prosecute public officials and law enforcement for misconduct.

New Mexico – State Files Lawsuit Against Political Action Committee
KRQE – Curtis Segarra | Published: 11/9/2022

New Mexico’s Ethics Commission filed a lawsuit against a political advocacy group, alleging the Working Families Organization, which funded a text message campaign to influence voters, did not properly disclose who was funding the campaign. The lawsuit also alleges the group did not properly register with the New Mexico secretary of state’s office as a political committee.

New York – Trump’s Company to Get a Court Monitor, Judge Rules
MSN – Josh Gerstein (Politico) | Published: 11/3/2022

A judge granted the New York attorney general’s request that former President Trump’s business be overseen by an independent monitor. The order requires the Trump Organization’s dealings with banks and sale of major assets be subject to supervision by a third-party expert to be named by the court. The monitor will oversee attempts to transfer assets and will screen any future reports of Trump’s net worth to financial and insurance institutions.

North Dakota – North Dakota Voters OK Term Limits for Governor, Legislators
Associated Press News – James MacPherson | Published: 11/9/2022

Voters in North Dakota approved term limits for their governor and state legislators. The ballot measure adds an article to the state constitution limiting lawmakers to eight years each in the state House and Senate. A governor could not be elected more than twice.

Ohio – Ohio County Auditor Wins Reelection Weeks Before His Corruption Trial
MSN – Erin Glynn (Cincinnati Enquirer) | Published: 11/9/2022

An indicted county auditor in Ohio won his reelection race just weeks before he is scheduled to face trial on six charges related to public corruption. If Butler County Auditor Roger Reynolds is convicted of a felony, the county Republican Party would appoint his replacement. Reynolds has pleaded not guilty and said the charges are false and politically motivated.

Oregon – NRA Committee to Be Fined for Delay in Reporting Donation to Campaign against Oregon Measure 114 Gun Control Initiative
Portland Oregonian – Maxine Bernstein | Published: 11/7/2022

The Oregon Elections Division said it will fine a National Rifle Association political committee more than $8,000 for the tardy reporting of a $25,700 donation to the campaign opposing Measure 114, a gun control ballot proposal. The NRA Oregonians for Freedom committee received the contribution from the NRA Political Victory Fund on July 29 but did not report it until November 1, far beyond the 30-day deadline.

Oregon – Oregon Voters Pass Measure 113, Punishing Lawmakers for Walkouts
Portland Oregonian – Hillary Borrud and Gosia Wozniacka | Published: 11/8/2022

Oregon lawmakers who boycott the state Capitol for an extended period to defeat legislation they oppose could now face a penalty after voters approved Measure 113. The ballot measure amends the state constitution so that going forward, any lawmaker with at least 10 unexcused absences will be disallowed from serving in the Legislature during the subsequent term. Republicans used walkouts in 2019 and 2020 to kill Democrats’ environmental reform plans and to defeat vaccine and gun regulation bills.

Pennsylvania – Kenyatta Johnson and His Wife, Dawn Chavous, Acquitted at Federal Bribery Trial
MSN – Jeremy Roebuck and Oona Goodin-Smith (Philadelphia Inquirer) | Published: 11/2/2022

A federal jury found Philadelphia City Councilperson Kenyatta Johnson not guilty of participating in a bribery scheme that allegedly saw him accept thousands of dollars from two former nonprofit executives in exchange for political favors. Jurors also acquitted Johnson’s wife, Dawn Chavous, along with former executives at Universal Companies, Abdur Rahim Islam and Shahied Dawan. The jury rejected the government’s accusations that Johnson sold the powers of his office to the executives, who funneled their payoffs through a sham $67,000 consulting contract with Chavous.

Pennsylvania – Mistrial Declared in Trial of Nonprofit Executives Accused with Kenyatta Johnson
MSN – Jeremy Roebuck (Philadelphia Inquirer) | Published: 11/7/2022

A federal judge declared a mistrial in the case of two codefendants of Philadelphia City Councilperson Kenyatta Johnson who were facing separate charges of embezzling funds and bribing a school official in Wisconsin. The decision came after one of the jurors who had been hearing the case against Rahim Islam and Shahied Dawan, former executives at the nonprofit Universal Companies, contacted COVID during the trial. Typically, that juror would have been replaced and the trial would have continued. But due to a high jury turnover rate throughout the trial, there were no alternate jurors left.

Tennessee – Nashville Council Member Faces Ethics Inquiry After Constituent’s Car Towed
MSN – Cassandra Stephenson (The Tennessean) | Published: 11/9/2022

A Nashville Councilperson Joy Styles is facing accusations she misused her authority to have a constituent’s car towed. The Metro Ethical Conduct Board reviewed a complaint against Styles and voted to hold a hearing in December to review allegations of improper use of official power. Nicole Weatherspoon, a resident of Styles’ district, filed an ethics complaint that accused Styles of improperly authorizing a company to tow Weatherspoon’s vehicle, which had a flat tire, from a public road. The complaint says a Performance Towing & Recovery employee told Weatherspoon the vehicle was towed under the authorization of “your councilwoman.”

Texas – Ads Against Abbott, Other Texas Republicans by Coulda Been Worse Test Campaign Ethics Law
MSN – Allie Morris and Robert Garrett (Dallas Morning News) | Published: 11/4/2022

The third biggest spender in Texas elections this year is a shadowy group that has not disclosed any information to the state, and is testing the limits of campaign finance law, experts said. Coulda Been Worse LLC has dumped more than $25 million into ads opposing Gov. Greg Abbott and other top Republicans. Since forming out of state in late August, Coulda Been Worse has not revealed its donors or leadership. Ethics experts and open government advocates say voters deserve to know who is trying to influence elections.

Texas – Fifth Circuit Parses Texas Ban on Boycotting Israel
Courthouse News Service – Cameron Langford | Published: 11/7/2022

Palestinians started the so-called boycott, divestment, and sanctions (BDS) movement to protest Israel’s occupation of Gaza and the West Bank. It advocates for refraining from doing business with the Israeli government or companies that benefit from Israel’s occupation of the Palestinian territories. Texas passed an anti-BDS law but pared it down later, excluding sole proprietorships, companies with nine or less employees, and contracts under $100,000. A company sued Houston and Texas Attorney General Ken Paxton, seeking an injunction ordering the city to remove the clause from its contract offer and declare the law unconstitutional.

Washington DC – D.C. Elections Board Denies Silverman’s Request to Vacate Ruling on Ward 3 Poll
MSN – Michael Brice-Saddler (Washington Post) | Published: 11/4/2022

The District of Columbia Board of Elections ruled city Councilperson Elissa Silverman’s due-process rights were not violated when the Office of Campaign Finance (OCF) determined she misspent public campaign funds on polling for the Democratic primary, despite her objections about the breadth and timeline of the probe. The OCF ordered Silverman to return $62,000 for the cost of two polls she commissioned ahead of the June primary.

Wisconsin – Military Ballots in Wisconsin Will Be Counted Under Judge’s Ruling
MSN – Patrick Marley (Washington Post) | Published: 11/7/2022

A judge declined to delay or prevent the counting of military ballots in Wisconsin in a lawsuit that came after a disaffected election worker said she reached a “breaking point” and created three fake ballots to highlight flaws in the state’s voting system. Kimberly Zapata, who at the time was Milwaukee’s deputy elections director, told prosecutors she ordered the fake ballots because she was frustrated by Republicans focusing on baseless claims instead of actual weaknesses in Wisconsin’s voting procedures. Prosecutors charged Zapata with felony misconduct in office, and she was fired from her position with the city.

Campaign Finance

Arizona: “Proposition 211: Ballot measure to require disclosure for political spending wins in Arizona” by Mary Jo Pitzl (Arizona Republic) for MSN

Elections

Georgia: “Gingrich Ordered to Appear Before Ga. Grand Jury Probing 2020 Election” by Tom Jackman (Washington Post) for MSN

Ethics

Michigan: “Proposal 1: Michigan voters pass term limits, financial disclosure reform measure” by Carol Thompson for Detroit News

Pennsylvania: “Mistrial Declared in Trial of Nonprofit Executives Accused with Kenyatta Johnson” by Jeremy Roebuck (Philadelphia Inquirer) for MSN

Tennessee: “Nashville Council Member Faces Ethics Inquiry After Constituent’s Car Towed” by Cassandra Stephenson (The Tennessean) for MSN

Legislative Issues

Kentucky: “Kentucky Rejects Amendment 1, in Blow to Legislature’s GOP Supermajority” by Joe Sonka (Louisville Courier-Journal) for MSN

North Dakota: “North Dakota Voters OK Term Limits for Governor, Legislators” by James MacPherson for Associated Press News

Oregon: “Oregon Voters Pass Measure 113, Punishing Lawmakers for Walkouts” by Hillary Borrud and Gosia Wozniacka for Portland Oregonian

National/Federal

Activists Push for Disclosure of Clients and Income of Judges’ Spouses
MSN – Hailey Fuchs (Politico) | Published: 10/20/2022

A coalition of judicial advocacy and watchdog groups are calling on Congress to establish greater disclosure requirements for the spouses of federal judges. In a letter sent to lawmakers on Capitol Hill, the groups cite a Politico report on potential conflicts posed by the professional work of Supreme Court justice’s spouses and the inadequacy of disclosures around that work. The coalition maintains the “concerns are no doubt more acute” among the hundreds of circuit and district court judges. They also point to the spouses of four justices on the Supreme Court whose work remains opaque yet may intersect with cases before the court.

As Campaign Norms Erode, Even Debates Are Under Debate
DNyuz – Lisa Lerer and Jazmine Ulloa (New York Times) | Published: 10/19/2022

In midterm campaigns across the country, direct political engagement has been falling away, victim to security concerns, pandemic-era restrictions, and Republican hostility to the mainstream media. Many candidates are sticking instead to safer spaces: partisan news outlets, fundraisers with supporters, friendly local crowds. The result is a profound shift in the long traditions of American campaigns that is both a symptom of and a contributor to the ills afflicting the country’s politics.

Big Tech Accused of Shady Lobbying in EU Parliament
Politico – Clothilde Goujard | Published: 10/14/2022

Google, Meta, and Amazon have deceived lawmakers by lobbying through smaller front organizations, leading lawmakers claimed. They asked for an investigation into the tech companies, as well as large lobbying groups including trade association the Computer & Communications Industry Association and advertisers’ group IAB Europe. Three other lobbies representing small and medium-sized companies are also targeted by the complaints. The lawmakers say the companies deceived European lawmakers during negotiations on two landmark laws by hiding behind fronts.

Congressional Ethics Watchdog Calls for Ethics Investigation into Kahele
Honolulu Civil Beat – Nick Grube | Published: 10/14/2022

The Office of Congressional Ethics called for an official inquiry into U.S. Rep. Kai Kahele. He came under scrutiny earlier in the year after a media investigation into his proxy voting record that found he had asked colleagues to vote on his behalf more than almost any other member of Congress at the same time he was laying the groundwork for a gubernatorial campaign in Hawaii. The story led to more questions about Kahele’s part-time job as a pilot for Hawaiian Airlines and work he was doing on the House Transportation and Armed Services Committees.

DOJ Asks Appeals Court to End Outside Review of Trump Mar-a-Lago Documents
MSN – Josh Gerstein and Kyle Cheney (Politico) | Published: 10/14/2022

An outside review of documents the FBI seized from Donald Trump’s Mar-a-Lago estate should be halted because it interferes with prosecutors’ authority and is legally unjustified, the Justice Department said in a filing with a federal appeals court. Prosecutors said Aileen Cannon, the judge who ordered the “special master” review at Trump’s request, erred in her ruling because there was no indication of malfeasance or infringement of Trump’s rights in connection with the search a magistrate judge ordered.

High Court Rejects Trump Plea to Step into Mar-a-Lago Case
MSN – Mark Sherman and Jessica Gresko (Associated Press) | Published: 10/13/2022

The U.S. Supreme Court rejected former President Trump’s plea to step into the legal fight over the FBI search of his Florida estate. The justices did not otherwise comment in turning away Trump’s emergency appeal. Trump had pressed the court on an issue relating to classified documents seized in the search. The move appears to greatly reduce the potential impact of the special master process to the ongoing Justice Department criminal investigation into the classified documents.

House Jan. 6 Committee Votes to Subpoena Trump in Finale Surprise
MSN – Rosalind Helderman, Jacqueline Alemany, and Tom Hamburger (Washington Post) | Published: 10/13/2022

The House committee investigating the attack on the U.S. Capitol issued a subpoena seeking testimony from former President Trump, a challenge with little historical precedent. Combining a mix of new evidence gathered by the committee since July and testimony played at previous sessions, members have said the violence was the direct and predictable result of Trump’s choices in the weeks after he lost his bid for reelection. Even after interviews with more than 1,000 witnesses and reviews of hundreds of thousands of documents, U.S. Rep. Liz Cheney said their work is incomplete without hearing answers from “January 6th’s central player.”

Investors Resist Efforts to Paint ESG as a Political Issue
MSN – Ellen Meyers (Roll Call) | Published: 10/20/2022

Institutional investment firms and activist asset managers are amplifying their message to congressional and state lawmakers: stop equating environmental, social, and governance (ESG) investing with a political agenda. Investors of all sizes are doubling down on the importance of ESG considerations ahead of midterm elections. At stake is a growing body of legislation and regulations in states such as Texas, Oklahoma and Louisiana aimed at curbing ESG investment and, in some cases, divesting from certain financial institutions over investment policies that incorporate ESG factors such as climate risk and human capital management.

Judge Bucks Trump, Orders Pence Aide to Testify to Jan. 6 Grand Jury
MSN – Spencer Hsu, Josh Dawsey, and Jacqueline Alemany (Washington Post) | Published: 10/14/2022

A top aide to former Vice President Mike Pence returned before a grand jury to testify in a criminal probe of efforts to overturn the 2020 election after federal courts overruled ex-President Trump’s objections to the testimony. In a decision that could clear the way for other top Trump White House officials to answer questions before a grand jury, Chief U.S. District Court Judge Beryl Howell ruled that former Pence chief of staff Marc Short probably possessed information important to the Justice Department’s criminal investigation of the insurrection that was not available from other sources.

Judge: Trump signed court document that knowingly included false voter fraud stats
MSN – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/19/2022

Former President Trump signed legal documents describing evidence of election fraud he knew were false, a federal judge indicated. U.S. District Court Judge David Carter wrote in an 18-page opinion that emails from attorney John Eastman, an architect of Trump’s last-ditch effort to subvert the 2020 election, needed to be turned over to the Jan. 6 select committee. Those emails, Carter wrote, “show that President Trump knew that the specific numbers of voter fraud were wrong but continued to tout those numbers, both in court and to the public.”

Newspapers with a Partisan Aim Filling the Void of Traditional Media
MSN – Michael Scherer (Washington Post) | Published: 10/15/2022

As local newspapers collapsed amid a rise in online advertising competition, niche news products with private funding sources have sprouted to fill the void. Some function as a sort of direct mail persuasion piece, while others republish content on hundreds of websites with local names like the Fond Du Lac Times in Wisconsin. Other experiments have sought to build actual newsrooms in key swing states to attract audiences to more ideological views. Many worry the newcomers deceive readers, undermine the reputations of existing journalistic brands, and fail, in some cases, to meet even the basic standards of the profession.

Retired U.S. Brass Cash in with Saudis, Other Repressive Governments
MSN – Craig Whitlock and Nate Jones (Washington Post) | Published: 10/18/2022

Foreign governments have long advanced their interests in Washington by paying Americans as lobbyists, lawyers, political consultants, and public relations advisers. But the hiring of retired U.S. military personnel for their expertise and political clout has accelerated over the past decade as Persian Gulf monarchies have splurged on defense spending and strengthened their security partnerships with the Pentagon. For years, the U.S. government withheld virtually all information about the practice. The Washington Post found many military retirees take foreign jobs or gifts without notifying the U.S. government.

Sidley Austin Reveals Work for Chinese Surveillance Firm Under Foreign Agents Law
Reuters – Mike Scarcella | Published: 10/18/2022

The law firm Sidley Austin disclosed its lobbying work for the U.S. subsidiary of Chinese video surveillance company Hikvision under the Foreign Agents Registration Act, revealing about $7.4 million in fees since 2018. The firm said its registration for Hikvision USA was done “solely in response to a request” from the U.S. Justice Department. The firm had earlier reported its lobbying through the Lobbying Disclosure Act in 2018 after it was retained then by Hikvision.

Some Republicans Want to Count Votes by Hand. Bad Idea, Experts Say.
DNyuz – Maggie Astor (New York Times) | Published: 10/18/2022

Over the past two years, Republicans have pursued an array of changes to how Americans vote. The past few weeks have drawn attention to a particularly drastic idea: counting all ballots by hand. Experts in election administration said while hand counting is an important tool for recounts and audits, tallying entire elections by hand in any but the smallest jurisdictions would cause chaos and make results less accurate, not more.

Staffers in Rep. Andy Levin’s Office Sign First Union Contract
MSN – Jim Saska (Roll Call) | Published: 10/17/2022

Courtney Laudick and about a dozen other staff members on Capitol Hill organized the Congressional Workers Union earlier this year. Laudick’s boss, U.S. Rep. Andy Levin, sponsored a resolution to allow House staff to unionize, without knowing Laudick was involved in the effort. The resolution was slipped into a rule for supplemental Ukrainian aid funding and passed. Levin and his aides took another historic step recently, agreeing to a tentative contract that raises the average wage for his junior staff to $76,000 and provides all members of the bargaining unit with a $10,000 salary increase.

Steele Dossier Source Acquitted, in Loss for Special Counsel Durham
MSN – Salvador Rizzo, Rachel Weiner, and Perry Stein (Washington Post) | Published: 10/18/2022

A jury found Igor Danchenko, a private researcher who was a primary source for a 2016 dossier of allegations about former President Trump’s ties to Russia, not guilty of lying to the FBI about where he got his information. The verdict is another blow for special counsel John Durham, who has now lost both cases that have gone to trial as part of his investigation. Durham is sure to face renewed pressure to wrap up his work following the verdict.

Ted Cruz Reimbursed Himself $555,000 After Successfully Challenging a Political Spending Law at the Supreme Court
MSN – Bryan Metzger (Business Insider) | Published: 10/17/2022

U.S. Sen. Ted Cruz’s campaign has paid him $555,000 to cover personal loans to his Senate committee. The 2002 Bipartisan Campaign Reform Act set a $250,000 limit on the amount of money that candidates could raise after the election for the purpose of paying off personal loans to their campaign committee. The Supreme Court ruled the limit was unconstitutional. That is despite concerns not just from good-government groups that argued lifting the cap could fuel corruption by allowing campaign donors to essentially pay candidates directly by contributing to the repayment of their personal loans.

Canada

Canada – How a Controversy Over GMOs Exposed Holes in Canada’s Lobbying Laws
National Observer – Marc Fawcett-Atkinsion | Published: 10/17/2022

A controversy over an industry lobbyist’s input into draft guidelines for genetically modified organisms exposed loopholes in Canada’s lobbying laws, experts say. Jennifer Hubert, the executive director of plant bioengineering at CropLife Canada appears to have written an early draft of proposed guidelines for the Canada Food Inspection Agency that would exempt seed companies from disclosing genetically modified products to consumers. These kinds of collaborations happen regularly but typically go unseen thanks to Canada’s lax lobbying rules, said Duff Conacher, the co-founder of Democracy Watch.

From the States and Municipalities

Alaska – Groups Say Pro-Dunleavy Organization Is ‘Smoke and Mirrors’ After Commission Delays Decision on Campaign-Finance Complaint
Yahoo News – Iris Samuels (Anchorage Daily News) | Published: 10/18/2022

Two watchdog groups filed another complaint against the Republican Governors Association and an independent expenditure group supporting Alaska Gov. Mike Dunleavy’s re-election. The complaint was filed on the same day that the Alaska Public Offices Commission decided its staff would continue to investigate a previous complaint from the groups alleging Dunleavy’s campaign illegally relied on public funds to subsidize the campaign and coordinated with the independent expenditure group, A Stronger Alaska, ahead of the general election.

California – Councilmember Koretz Seemingly Engages in Illegal Lobbying Scheme with Former Employee
Knock LA – Jon Pelz | Published: 10/12/2022

In 2017, Shawn Bayliss, a former senior employee of Los Angeles City Councilperson Paul Koretz, lobbied Koretz for favors while seemingly prohibited from doing so by city ethics laws. Koretz potentially violated the City Charter when he aided and abetted Bayliss in these apparently illegal lobbying activities. Bayliss left Koretz’s office on May 12, 2017. On the same day, the Bel Air Association (BAA) announced Bayliss as its new executive director. He reached out to Koretz’s private email in June 2017 from his BAA email.

California – Gil Cedillo and Kevin de León Stripped of City Council Committee Posts Over Racist Leak
MSN – David Zahniser and Rachel Uranga (Los Angeles Times) | Published: 10/17/2022

Los Angeles City Council members Kevin de León and Gil Cedillo were removed from an array of committee assignments, the latest in a series of attempts to pressure them to resign following reports they participated in a secretly recorded conversation where racist and disparaging remarks were made. Cedillo and De León have not been persuaded by calls from numerous political leaders, including President Biden, to step down. The move comes at an extraordinarily turbulent time for the council, with one seat vacant and two others effectively dormant.

California – LA Council Members Call for Ethics Commission to Have Greater Independence
KFI – City News Service | Published: 10/19/2022

Half of the Los Angeles City Council signed onto a motion calling to make the city’s Ethics Commission more independent and streamline and expand its enforcement processes. The council members recommended a number of changes, which would have to be approved by voters because they would require changes to the city charter.

California – New Details Show Sprawling Web of Corruption in Southern California Cannabis Licensing
MSN – Adam Elmahrek, Ruben Vives, Robert Lopez, and Paige St. John (Los Angeles Times) | Published: 10/15/2022

As a California lawmaker called for a statewide task force to crack down on corruption in the legal cannabis market, new details are emerging in a bribery scandal that has ensnared local government officials in the Los Angeles area. Federal prosecutors unveiled two plea agreements that detail “pay-to-play” schemes involving cannabis business licensing and corroborate allegations in a recent Los Angeles Times investigation that examined how legalization of marijuana unleashed a wave of corruption across the state.

California – San Jose Mayor Cleared of Fundraising Complaint
San Jose Spotlight – Tran Nguyen | Published: 10/14/2022

A citizen-led city board dismissed a complaint accusing San Jose Mayor Sam Liccardo of breaking campaign finance rules through a PAC he formed. The complaint also claimed Liccardo failed to disclose hundreds of thousands of dollars in contributions as required and that donations exceeded local limits. The law firm Hanson Bridgett investigated the case and recommended the board dismiss the allegations.

California – Watchdog Investigating 2019 China Trip Made by Top Milpitas Mayor Candidate
MSN – Gabriel Greschler (Bay Area News Group) | Published: 10/16/2022

The California Fair Political Practices Commission opened an investigation against the top contender in the Milpitas mayoral race over a trip she took to China in 2019. The probe centers around a $3,600 gift that Vice Mayor Carmen Montano accepted during the trip and later reported to state authorities. The complaint alleges Montano violated travel policies and rules surrounding lobbying.

Florida – Top DeSantis Advisers Played Hands-On Role in Migrant Flights to Martha’s Vineyard
MSN – Jeffrey Schweers (Orlando Sentinel) | Published: 10/15/2022

Florida’s public safety czar Larry Keefe was in San Antonio nearly two weeks before Gov. Ron DeSantis transported migrants from Texas to Martha’s Vineyard, and he may have traveled back to Florida with the migrants, records suggest. Those records also show Keefe coordinating the flights with gubernatorial chief of staff James Uthmeier and politically connected contractor Vertol Systems in the weeks leading up to the operation, which is under criminal investigation. The records also confirm a second flight that apparently was headed to near President Joe Biden’s beach house was scrapped after Texas authorities opened a criminal investigation.

Hawaii – Ban On In-Session Campaign Donations Gets Thumbs Up from Hawaii Standards Commission
Honolulu Civil Beat – Blaze Lovell | Published: 10/19/2022

The Commission to Improve Standards of Conduct is recommending that Hawaii lawmakers stop accepting campaign money during the legislative session. A bill to do that along with nine other measures focused on reforming campaign finance laws will head to lawmakers for consideration during the 2023 session. The commission is scheduled to take up another slate of proposals that seeks to tighten ethics rules for lawmakers and lobbyists.

Illinois – A Powerful Pritzker Administration Insider Cashed in as a Consultant
Better Government Association – Chuck Neubauer and David Jackson | Published: 10/19/2022

Shortly after she left her state job as a senior adviser to Illinois Gov. J.B. Pritzker, political operative Nikki Budzinski collected more than $500,000 in consulting and other fees in 10 months, including more than $80,000 from a Springfield lobbyist that Budzinski helped while working for the governor. State workers are generally barred from accepting compensation as a lobbyist for one year after leaving government work. Since Budzinski was not a registered lobbyist, but rather worked as a consultant to the lobbyist paying her, the rule did not apply to her.

Illinois – Ahead of Key Illinois Supreme Court Elections, Federal Judge Blocks State Campaign Contribution Limits in Judicial Races
MSN – Dan Petrella (Chicago Tribune) | Published: 10/18/2022

A federal judge issued a temporary injunction barring Illinois from enforcing two recent changes to the state’s campaign finance law. One bars non-Illinois residents from donating to state judicial candidates. The second prevents individual donors from giving more than $500,000 to independent expenditure committees like super PACs involved in state judicial elections. While there is some legal precedent for tighter restrictions on campaign fundraising in judicial races, the lawsuit argues the two Illinois laws go beyond what courts have allowed in the name of preventing corruption.

Illinois – AT&T Illinois Fined for Effort to Illegally Influence Ex-Speaker Michael Madigan as New Charges Against Him Revealed
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 10/14/2022

AT&T Illinois agreed to pay a $23 million fine and its former president has been indicted on federal charges over a scheme to influence former Illinois House Speaker Michael Madigan, who was arrested on racketeering and bribery charges earlier this year. AT&T admitted it arranged to make payments to an associate of Madigan in exchange for help in pushing through legislation favorable to AT&T. Paul La Schiazza, the former president of AT&T Illinois, was accused of orchestrating and approving the payments. In exchange for cooperating with the probe, criminal charges will be dropped against the company after two years.

Louisiana – See Lafayette Mayor Josh Guillory’s 2021 Financial Disclosure for Louisiana Ethics Board
Yahoo News – Andrew Capps (Lafayette Daily Advertiser) | Published: 10/17/2022

Lafayette Mayor-President Josh Guillory’s most recent annual financial disclosure was supposed to shed light on his efforts to bolster his income while in office. But the report raises more questions about his side interests than it answers. Guillory’s equipment rental business made headlines shortly before his return from rehab in August, after which he denied any impropriety or conflicts-of-interest. Guillory has continued to work as an attorney since taking office. Dozens of Guillory’s former clients had their criminal charges removed from court records during his tenure.

Michigan – Michigan House Paying for Lawyers for Employees Interviewed in Chatfield Probe
Detroit News – Craig Mauger and Beth LeBlanc | Published: 10/19/2022

The Michigan House is providing legal representation for employees who are being interviewed as part of an expanding investigation into former House Speaker Lee Chatfield. Court records showed state officials were conducting a wide-reaching inquiry into sexual assault, and financial and drug use allegations related to Chatfield. Search warrant affidavits indicated investigators were looking into claims that Chatfield and others were involved in a “criminal enterprise,” which potentially included campaign finance violations, bribery, controlled substances, and embezzlement.

Michigan – Probe into Shirkey-Tied Nonprofits Continues; $2.33M Conciliation Agreement Declined
MLive – Jordyn Hermani | Published: 10/18/2022

Two nonprofits associated with a 2020 petition effort rejected a multi-million-dollar settlement with state elections officials, paving the way for a criminal investigation to progress. Michigan! My Michigan! and Michigan Citizens for Fiscal Responsibility were accused of improperly raising millions of dollars for Unlock Michigan for a ballot petition to limit the executive branch’s powers during health emergencies. Should the groups have settled through a conciliation agreement, paying the Michigan Bureau of Elections a cumulative $2.33 million, then any further civil or criminal action would have been barred.

New Jersey – New Jersey Sues 5 Oil Companies and Trade Group Over Climate Disinformation
State Impact Pennsylvania – Susan Phillips | Published: 10/18/2022

New Jersey filed a lawsuit against five oil companies and a trade organization, saying they knowingly deceived the public about their contributions to global warming. The lawsuit alleges the trade group, American Petroleum Institute, designed public relations campaigns aimed at convincing the public that climate change does not exist and creating confusion and doubt about the role of oil and gas.

New York – New York State Judge Sets Hearing to Decide New York Attorney General’s Motion in Trump Organization Case
MSN – Kara Scannell (CNN) | Published: 10/14/2022

A judge set a hearing date to decide whether to grant New York Attorney General Letitia James’ request to block the Trump Organization from engaging in certain business activities. The hearing will be the first since the state filed a $250 million lawsuit against former President Trump, his three eldest children, and the Trump Organization alleging they engaged in a decade-long fraud. The state says the same day it announced its lawsuit, the company incorporated a new entity in Delaware, Trump Organization II LLC. The state says it has not provided any assurances it will not move assets out of New York to avoid potential liability.

New York – Trump Gives Answers in Rape Accuser’s Defamation Suit Deposition
Bloomberg Law – Erik Larson | Published: 10/19/2022

Former President Trump answered questions under oath during a deposition sought by E. Jean Carroll, who alleges he raped her in a department store dressing room two decades ago and defamed her when he denied it. He had to go ahead with the deposition after a judge rejected Trump’s latest effort to put the questioning on hold. Trump recently issuing a statement about Carroll on social media, repeating the allegedly defamatory statements he made. The move could undermine his key defense in the case, that he cannot be sued for defamation because he was a sitting president at the time he denied Carroll’s claim in crude terms.

Ohio – Ohio Attorney General Dave Yost Asks Ohio Supreme Court to Keep Former Utility Regulator’s Assets Frozen
MSN – Jake Zuckerman | Published: 10/19/2022

Ohio Attorney General Dave Yost asked the state Supreme Court to press pause on a lower court’s decision unfreezing millions of dollars in assets of a former utility regulator accused of taking a $4.3 million bribe. Attorneys for Yost argued the lower court decision would allow Sam Randazzo to “liquidate” his assets and shield them from judgements the state may win in a civil lawsuit against him down the line. Denying the motion would be a “death knell” ruling in Ohio, Yost argued, setting a precedent that bad actors can move and hide their money while motions are pending.

Oregon – Official Looking ‘Oregon Voter Guide’ May Mislead Voters
Mail Tribune – Hillary Borrud (Portland Oregonian) | Published: 10/18/2022

Oregon voters seeking information about the November election are likely to see a website called “The 2022 Oregon Voter Guide” at the top of their online search results, ahead of the state’s official voters’ guide. Many voters might not realize the online information is not an official state voters’ guide. “The Oregon Voter Guide” is not nonpartisan or neutral. It is funded and designed by a group of Democratic allies, progressive groups, and Democratic PACs. Two years ago, public employee unions, Democrats, and other political allies partnered on a nearly identical official-looking website, as well as mailers.

Texas – In Texas, Where Money Has Long Dominated Politics, Greg Abbott Is in a League of His Own
Texas Tribune – Patrick Svitek, Carla Astudillo, Zach Despart, and Kate McGee | Published: 10/18/2022

Texas Gov. Greg Abbott is easily the most prolific campaign fundraiser in the state’s history. His campaign fund has allowed him to scare off potential opponents, intimidate those who challenge him, fund a sprawling grassroots organization, and generally reshape Texas politics in his image. Texas is one of 11 states without contribution limits, enabling Abbott to raise enormous sums from some of the nation’s richest families and individuals. At its worst, critics say, Abbott’s fundraising prowess can give the appearance of a patronage system.

Washington – Ferguson Seeks $24.6 Million from Facebook for Campaign Finance Violations
Yahoo News – Laurel Demkovich (Spokane Spokesman-Review) | Published: 10/15/2022

Washington Attorney General Bob Ferguson is seeking the maximum penalty of $24.6 million against Facebook’s parent company, Meta, for violations of the state’s campaign finance law. A judge ruled Meta had 822 intentional violations of the law, which requires campaign advertisers, including sites such as Meta that host ads, to make information about the state’s political ads available for public inspection in a timely manner. The penalty is $10,000 per violation, but because a judge found Meta intentionally violated the law, the penalty can be tripled.

Campaign Finance

Michigan: “Probe into Shirkey-Tied Nonprofits Continues; $2.33M Conciliation Agreement Declined” by Jordyn Hermani for MLive

Elections

National: “As Campaign Norms Erode, Even Debates Are Under Debate” by Lisa Lerer and Jazmine Ulloa (New York Times) for DNyuz

Oregon: “Official Looking ‘Oregon Voter Guide’ May Mislead Voters” by Hillary Borrud (Portland Oregonian) for Mail Tribune

Ethics

California: “LA Council Members Call for Ethics Commission to Have Greater Independence” by City News Service for KFI

Illinois: “A Powerful Pritzker Administration Insider Cashed in as a Consultant” by Chuck Neubauer and David Jackson for Better Government Association

Michigan: “Ex-House Speaker Lee Chatfield Suspected of Criminal Enterprise, Embezzlement” by Jordyn Hermani for MLive

Legislative Issues

National: “Staffers in Rep. Andy Levin’s Office Sign First Union Contract” by Jim Saska (Roll Call) for MSN

Lobbying

National: “Sidley Austin Reveals Work for Chinese Surveillance Firm Under Foreign Agents Law” by Mike Scarcella for Reuters

New Jersey: “New Jersey Sues 5 Oil Companies and Trade Group Over Climate Disinformation” by Susan Phillips for State Impact