July 23, 2024 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance National: “Kamala Harris Formally Takes Over Biden-Harris Campaign Account – She’s the Only One Who Could” by David Wright, Sara Murray, Katelyn Polantz, and Tierney Sneed (CNN) for MSN Montana: “Montana Attorney General Didn’t Violate Campaign Finance Rules, Elections Enforcer Says” by […]

July 22, 2024 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance Georgia: “Georgia Democrats Sue to Overturn Law Allowing Unlimited Campaign Cash, Saying GOP Unfairly Benefits” by Jeff Amy (Associated Press) for MSN New York: “Contributions That Exceed Legal Limits Poured into Eric Adams’ Campaign” by Greg Smith for The City Elections National: “Biden […]

July 19, 2024 • Written by Jim Sedor

News You Can Use Digest – July 19, 2024

National/Federal Meta Rolls Back Restrictions on Trump’s Instagram and Facebook Accounts DNyuz – Mike Isaac (New York Times) | Published: 7/12/2024 Meta said it was rolling back some restrictions to Donald Trump’s Facebook and Instagram accounts so people on its services could […]

National/Federal

Meta Rolls Back Restrictions on Trump’s Instagram and Facebook Accounts

DNyuz – Mike Isaac (New York Times) | Published: 7/12/2024

Meta said it was rolling back some restrictions to Donald Trump’s Facebook and Instagram accounts so people on its services could hear from those running for the presidency “on the same basis.” Under the restrictions on Trump’s accounts, he could have been suspended from Meta’s services if he had posted content that sought to delegitimize this November’s election, among other things. But Meta said it was now relaxing those restrictions, reducing the potential for a suspension if Trump violated the company’s terms of service.

How Trump Dominated His Own Party on a New G.O.P. Platform

DNyuz – Jonathan Swan, Shane Goldmacher, and Maggie Haberman (New York Times) | Published: 7/18/2024

Donald Trump long ago decided he wanted a very different Republican Party platform in 2024. The delegates who arrived in Milwaukee before the Republican National Convention, with plans of drafting a sweeping document of party principles, quickly found out just how determined he was. Their cellphones were confiscated and placed in magnetically sealed pouches. It was only then that the delegates received a copy of the platform language the Trump team had prepared, which slashed the platform size by nearly three-quarters.

Trump Picks Sen. J.D. Vance, a Former Critic, to Be His Running Mate

MSN – Meryl Kornfield and Marianne LeVine (Washington Post) | Published: 7/15/2024

Donald Trump chose U.S. Sen. J.D. Vance of Ohio as his running mate, selecting a previously outspoken Trump critic who in recent years has closely aligned himself with the former president. Vance is a relative political newcomer, winning his Senate seat in 2022 after rising to prominence as an author who wrote a best-selling memoir. His selection adds a staunch defender of Trump’s movement to the ticket and, some Republican observers said, it could help Trump solidify his base of White working-class voters.

Trump’s Classified-Documents Case Dismissed by Judge Aileen Cannon

MSN – Devlin Barrett and Perry Stein (Washington Post) | Published: 7/15/2024

U.S. District Court Judge Aileen Cannon dismissed the federal criminal case against Donald Trump charging him with amassing highly sensitive national security secrets at his Mar-a-Lago estate and then obstructing government efforts to reclaim them. Cannon concluded that special counsel Jack Smith’s appointment violated the Appointments Clause of the Constitution. Other courts have rejected arguments similar to the one that Trump’s team made about the legality of Smith’s appointment.

Influencer Running for U.S. Senate Challenges Campaign Finance Rules

MSN – Taylor Lorenz (Washington Post) | Published: 7/10/2024

Caroline Gleich, a professional ski mountaineer and online content creator who is vying to replace U.S. Sen. Mitt Romney, is seeking permission to sidestep campaign finance rules that she says disadvantage influencers who make a living generating sponsored posts on social media. Under current FEC rules, any sponsored social post that features Gleich and is distributed in Utah within 90 days of the November 5 election could be considered a “coordinated communication.” As such, it would count as an in-kind contribution and be listed in her campaign finance reports.

New York Judge Throws Out Rudy Giuliani’s Bankruptcy Case

MSN – Holly Bailey (Washington Post) | Published: 7/12/2024

A federal judge threw out Rudy Giuliani’s bankruptcy case, paving the way for a litany of creditors, including two former Georgia election workers who won a $148 million defamation claim against him, to pursue and potentially seize his assets. In his order, U.S. Bankruptcy Judge Sean Lane cited Giuliani’s “continued failure to meet his reporting obligations and provide the financial transparency required of a debtor in possession” and called his behavior “troubling.” It restricts Giuliani from seeking bankruptcy protection for one year.

Sen. Menendez Convicted of Bribery, Other Charges in Corruption Trial

MSN – Salvador Rizzo and Shayna Jacobs (Washington Post) | Published: 7/6/2024

U.S. Sen. Robert Menendez was convicted of all the counts he faced at his corruption trial, including accepting bribes of gold and cash from three New Jersey businessperson and acting as a foreign agent for the Egyptian government. The two co-defendants in the trial, real estate developer Fred Daibes and businessperson Wael Hana, were also convicted. Jurors heard witnesses describe how the longtime lawmaker had waded into a world of Egyptian spies and international intrigue after falling in love with a divorcée he met at his local pancake house.

U.S. Begins Dropping Jan. 6 Obstruction Charges for Some Proud Boys, Others

MSN – Spencer Hsu (Washington Post) | Published: 7/16/2024

The Supreme Court’s ruling narrowing use of an obstruction charge for January 6 defendants is leading to misdemeanor plea deals for some Capitol riot defendants. Federal prosecutors have begun moving to drop charges accusing defendants of obstructing Congress’s confirmation of the 2020 presidential election results, offering new plea deals after the Supreme Court restricted the government’s use of that count. Those whose charges may be dropped are among a small core group of Capitol riot defendants who prosecutors alleged understood why Congress was meeting and who came not to protest but to block lawmakers from acting.

Biden Set to Announce Support for Major Supreme Court Changes

MSN – Tyler Pager and Michael Scheer (Washington Post) | Published: 7/16/2024

President Biden is finalizing plans to endorse major changes to the Supreme Court in the coming weeks, including proposals for legislation to establish term limits for the justices and an enforceable ethics code, according to two people briefed on the plans. He is also weighing whether to call for a constitutional amendment to eliminate broad immunity for presidents and other constitutional officeholders.

Ex-CIA Analyst Accused of Working for South Korean Intelligence Service

MSN – Aaron Schaffer and Ellen Nakashima (Washington Post) | Published: 7/17/2024

A former CIA analyst and noted East Asia expert was indicted on criminal charges of acting as an agent of South Korea, whose intelligence officials allegedly rewarded her with luxury gifts and concealed payments made to a think tank. Sue Mi Terry was charged with failing to register as a foreign agent and conspiring to violate the Foreign Agents Registration Act.

DNC Sticks with Biden Virtual Roll Call, Despite Doubts That It’s Necessary

MSN – Colby Itkowitz, Patrick Svitek, and Leigh Ann Caldwell (Washington Post) | Published: 7/17/2024

The Democratic National Committee (DNC) pressed forward with a plan to hold a virtual roll call to nominate President Biden for reelection during the first week of August, a process that could short-circuit a burgeoning effort from within the party to replace him. Party leadership cited the risk of a legal quagmire if Biden is not formally nominated before the convention in Chicago, which begins August 19. DNC officials said ballot deadlines in a handful of states could give GOP-aligned groups the opportunity to challenge any nominee whose status is not formalized by then.

Even When Big Cases Intersect with Their Families’ Interests, Many Judges Choose Not to Recuse

ProPublica – Noah Pransky, Brooke Williams, and Andrew Botolino | Published: 7/16/2024

Concerns that judges on the nation’s highest courts have not properly disclosed personal conflicts and have failed to recuse when such issues arose have been at the center of a recent national debate. A ProPublica analysis found a lack of transparency regarding conflicts plagues federal and state courts where loose rules, inconsistent enforcement, and creative interpretations of guidelines routinely allow judges to withhold potential conflicts from the parties before them.

Charities Are Allowed to Do Some Lobbying, but Many Do None at All

The Conversation – Heather MacIndoe (University of Massachusetts at Boston) and Mirae Kim (George Mason University) | Published: 7/2/2024

U.S. charities may spend some of their time and money on lobbying, as long as those organizations do not primarily exist to influence federal legislation. This rule applies to all charitable nonprofits, which run the gamut from hospitals to social service providers, museums and environmental organizations. States can also regulate nonprofit lobbying. For example, the Massachusetts Secretary of State’s office requires nonprofit employees who lobby to register with the state and pay a registration fee.

Shooting at Trump Rally Comes at Volatile Time in American History

Yahoo News – Peter Baker, Simon Levien, and Michael Gold (New York Times) | Published: 7/14/2024

For the first time in more than four decades, a man who was elected president of the United States was wounded in an assassination attempt when a gunman who appeared to have crawled onto a nearby roof opened fire at a Donald Trump rally in Butler, Pennsylvania. The explosion of political violence came at an especially volatile moment in American history and further inflamed an already stormy campaign for the White House. Authorities have reported a surge of threats against elected and appointed officials of both parties in recent years, as anger has come to dominate the political discourse.

From the States and Municipalities

Alaska – Statewide Initiative Would Restore Alaska Campaign Finance Limits

Alaska Public Radio – Robyne (KAUC) | Published: 7/17/2024

A group of Alaskans is circulating petitions this summer to restore state campaign finance limits. Citizens Against Money in Politics (CAMP) says its ballot initiative will give citizens the same power as large corporations and unions. Jus Tavcar, a volunteer coordinator with CAMP, initiative would limit contributions to $2,000 per election cycle for an individual candidate’s campaign, or $5,000 a year to a political party.

California – After Pushback, Ethics Commission Now Won’t Recommend That Nonprofits Report Lobbying

Long Beach Post – Melissa Evans | Published: 7/10/2024

After pushback from the nonprofit sector, the Long Beach Ethics Commission reversed course and will likely not recommend these organizations register as lobbyists if they routinely seek to influence city decisions. Commissioners are now seeking to instead add requirements that elected leaders and top officials upload their calendars to the city website and require additional leaders in city government to maintain publicly available calendars that can be obtained quickly through a public records request.

California – Search Under Way for New San Diego Ethics Commission Chief

MSN – Jeff McDonald (San Diego Union Tribune) | Published: 7/12/2024

Sharon Spivak, the journalist-turned-attorney who took over as executive director of the San Diego Ethics Commission four years ago after 15 years with the city attorney’s office, will leave her post late this year. The new executive director must be confirmed by the city council, but that process could change under a reform package pushed by City Attorney Mara Elliott. Spivak is expected to remain at the commission until next spring to assist with the transition once her successor is determined.

California – Oakland Company in FBI Crosshairs Sought City Homeless Shelter Contracts

MSN – Natalie Orenstein, Eli Wolfe, and Darwin BondGraham (Oaklandside) | Published: 7/10/2024

Evolutionary Homes, a company that appears to be at the center of the FBI corruption probe, recently angled to build housing for homeless people in Oakland. The company pitched its shelters, which are manufactured from shipping containers, to multiple council members over the past year. The company was named in a subpoena served against multiple Oakland officials. No shipping-container shelter plans ever came to fruition, but some of the companies involved told city leaders they believed there were major funds, possibly federal COVID relief money, to tap into for the projects.

California – SF Lawmaker Who Spent $80,000 in Campaign Funds on 49ers Tickets Faces Probe

SFGate – Alec Regimbal | Published: 7/12/2024

California Assembly member Matt Haney is being investigated for possibly violating state campaign finance laws. While the Fair Political Practices Commission did not offer specifics on the matter, some of Haney’s recent campaign expenditures have begun to raise eyebrows. Haney has spent more than $80,000 on San Francisco 49ers tickets since the beginning of 2023. Experts said it is not unheard of for candidates to host fundraisers at sporting events, but Haney’s spending seemed “excessive.”

California – California Limits Pay-to-Play Politics in Local Elections, but Federal Law Enables a Loophole

Yahoo News – Theresa Clift (Sacramento Bee) | Published: 7/11/2024

California has limited the amount a local candidate can accept from an individual donor before they must abstain from voting on issues that benefit that contributor. But independent expenditures offer a limitless alternative for individuals and groups that want to advocate for the election of candidates and the passage of measures that advance their agendas.

Colorado – Democratic Dark Money Group to Disclose Donors, Pay an $18,000 Fine for Violation in Prop. HH Campaign

Colorado Public Radio – Andrew Kenny | Published: 7/16/2024

A political nonprofit that aided Colorado Gov. Jared Polis’s transition shortly after his 2018 election admitted it violated state campaign finance laws. Boldly Forward Colorado will pay an $18,000 fine and disclose its donors. In 2023, the group spent more than $350,000 in support of Proposition HH, a tax reform proposal backed by Polis. That money was given to the committee running the campaign. A complaint alleged Boldly Forward Colorado did not register as a committee and failed to report its electioneering activities.

Colorado – Dave Williams Sent the Colorado GOP $60,000. The Party Says It’s Not Reimbursement for Campaign Help.

Colorado Sun – Sandra Fish and Jesse Paul | Published: 7/17/2024

A new batch of federal campaign finance reports are raising more questions about how the Colorado Republican Party spent money to help party Chairperson Dave Williams’ unsuccessful run for Congress. Williams’ campaign donated $60,000 to the party on June 20. The donation came after the Colorado GOP June sent a series of mailers to voters on Williams’ behalf. Williams and his supporters defended the spending, promising that the party would be made whole but refusing to explain how.

Colorado – Two-Week Trial Begins in Lawsuit Challenging Colorado’s Campaign Contribution Limits

Colorado Sun – Sandra Fish | Published: 7/16/2024

A trial is underway on a federal lawsuit seeking to overturn Colorado’s voter-approved state campaign contribution limits, which are among the lowest in the country. The case was brought by three Republicans, who, backed by lawyers from a conservative political nonprofit, argue the state’s limits benefit self-funding candidates who can bankroll their campaigns. Senior Assistant Attorney General Michael Kotlarczyk said Colorado has had limits on campaign donations for 50 years and many state-level political contests remain competitive.

Florida – Florida Supreme Court Disbars Ex-Miami-Dade Judge, Citing ‘Pattern of Dishonesty’

MSN – News Service of Florida | Published: 7/11/2024

Pointing to what it described as a “deliberate pattern of dishonesty,” the Florida Supreme Court disbarred Former Miami-Dade County Judge Miguel Mirabal, who was accused of wrongdoing in his campaign finance reports and making misrepresentations to a judicial-nominating panel. Mirabal was elected as a county judge in 2020 but resigned after less than four months on the bench amid an investigation. “The referee ultimately found that the errors in Mirabal’s campaign finance reports were too numerous and far too politically advantageous to be a mere accident,” the Supreme Court opinion said.

Georgia – Georgia Court Sets December Argument for Trump Appeal to Remove Willis

MSN – Holly Bailey (Washington Post) | Published: 7/16/2024

A Georgia appellate court scheduled oral arguments on Donald Trump’s appeal of a state court ruling allowing Fulton County District Attorney Fani Willis to continue prosecuting the election interference case against the former president and several of his allies for December 5, one month after the election. Trump and eight co-defendants have sought to disqualify Willis and her office amid claims she had an improper relationship with an outside lawyer she appointed to lead the case.

Illinois – Lawyers for Illinois Ex-Speaker Madigan Ask Judge to Gut Indictment in Light of SCOTUS Ruling

MSN – Jason Meisner, Ray Long, and Megan Crepeau (Chicago Tribune) | Published: 7/15/2024

Armed with a U.S. Supreme Court decision that scaled back a key federal bribery statute, lawyers for former Illinois House Speaker Michael Madigan argued in a new filing that 14 counts of the indictment against him should be dismissed, in part because there is no proof Madigan agreed to use his official position for personal gain. Madigan’s lawyers say the Supreme Court’s ruling in the case of former Portage, Indiana, Mayor James Snyder does not criminalize “gratuities,” gifts given to elected officials to express thanks for taking a favorable action.

Indiana – Indiana Inspector General Clears State Employees of Ghost Employment, but Suggests Changes

Indiana Capital Chronicle – Leslie Bonilla Muñiz | Published: 7/12/2024

The Indiana Office of the Inspector General cleared two state employees – a supervisor and a subordinate – of alleged ghost employment and more. But the office recommended the Management Performance Hub, which employs the pair, take steps to “avoid the future appearance of impropriety.” The inspector general received an anonymous complaint alleging the hub let a subordinate attend an out-of-state conference unrelated to her duties, that she did not attend the conference, and she was rarely in the office for about a year.

Indiana – Ex-Lawmaker Sean Eberhart Sentenced in Casino Corruption Case

MSN – Tony Cook (Indianapolis Star) | Published: 7/10/2024

Former Indiana Rep. Sean Eberhart was sentenced to 12 months and a day in federal prison for pushing legislation favorable to a casino company in exchange for the promise of a future job with the company worth at least $350,000 a year. He was also given a $25,000 fine. Eberhart agreed to pay $60,000 in restitution to the state, an amount roughly the same as his annual compensation as a lawmaker.

Massachusetts – Fine Dining, Cigar Lounges, and TD Garden Suites: Here’s what happens when Beacon Hill’s most powerful pick up the tab

MSN – Matt Stout (Boston Globe) | Published: 7/12/2024

At some of the best restaurants and bars in Boston, those with an invitation gather at corner tables and in private rooms. Yet, for the top Democrats whose campaigns pay the tabs, permissive state campaign finance laws not only can create what one expert described as a “personal slush fund,” but also furnish a key means for maintaining power and control over their rank-and-file members, former lawmakers say. Massachusetts’ campaign finance rules are broad, allowing lawmakers to eat, drink, or travel on their campaign’s dime as long as they can show it is for the “enhancement of [their] political future” and is not “primarily for personal use.”

Nevada – Grand Jury Indicts Ex-Las Vegas Councilwoman Michele Fiore on Wire Fraud Charges

Nevada Independent – Tabitha Mueller | Published: 7/17/2024

A federal grand jury indicted Michele Fiore, a former Las Vegas City Council member and current Nye County justice of the peace, on charges she defrauded donors of more than $70,000 for personal gain. The indictment says Fiore solicited donations during her time on the city council to honor police officers killed in duty, promising “100 percent of the contributions” would be used to fund the creation of a statue memorializing the officers. But the funds were allegedly used by Fiore to pay her political fundraising bills, rent, and for her daughter’s wedding, among other uses.

New York – Trial to Decide N.R.A.’s Financial Future Begins in Manhattan

DNyuz – Danny Hakim and Kate Christobek (New York Times) | Published: 7/5/2024

New York Attorney General Letitia James is seeking to give oversight of the National Rifle Association (NRA) to a court-appointed official for three years, a step the group vehemently opposes. During an earlier phase of the civil trial, Wayne LaPierre, the longtime chief executive, was found liable for misspending $5.4 million of the NRA’s money. New York has special jurisdiction over the NRA, which was founded in the state more than 150 years ago.

New York – The Lobbyist Dating Carl Heastie Was Just Laid Off. He Was Not Pleased.

New York Focus – Chris Bragg | Published: 7/17/2024

The lobbyist who has been dating New York Assembly Speaker Carl Heastie was recently laid off from her job at a construction labor-management partnership. The decision prompted Heastie to call the labor group that employed her, In March, Heastie adopted a recusal policy in light of his relationship with Rebecca Lamorte that barred Heastie from meeting with officials from the Greater New York Laborers-Employers Cooperation & Education Trust and several affiliated organizations.

New York – In New York, Wage Theft Violators Get Millions in Government Contracts

ProPublica – Marcus Baram (Documented) | Published: 7/15/2024

Fedcap Rehabilitation Services helps find jobs for people with disabilities. Fedcap has received dozens of contracts worth more than $110 million from 10 New York City and state agencies, even though the company has committed millions of dollars in wage theft against hundreds of its workers. Under New York City and state procurement laws, contracting agencies are required to check vendors’ backgrounds, including for labor law violations, and award contracts only to those deemed “responsible.” But who is a “responsible vendor” is vaguely defined.

New York – Brianna Suggs, Targeted in FBI Raid in Turkish Straw Donor Probe, Is Still Working for Adams’ 2025 Campaign

Yahoo News – Michael Gartland (New York Daily News) | Published: 7/16/2024

Brianna Suggs, whose home was raided last November by the FBI as part of an investigation into campaign donations linked to Turkey, is still working for New York City Mayor Eric Adams’ political campaign despite not appearing in recent filings. During Adams’ 2021 run for City Hall, Suggs proved to be a formidable fundraiser for him. She has claimed credit for raising $18.4 million for the campaign.

North Dakota – North Dakota Lawmakers Work to Update Harassment Policy

North Dakota Monitor – Mary Steuer | Published: 7/16/2024

State Lawmakers are reviewing their workplace harassment policy following a rise in complaints to the North Dakota Ethics Commission. The policy, which dates back to 2018, outlines a process for reporting and investigating allegations of sexual harassment or discrimination-based hostility. It covers not just lawmakers, but legislative staff as well as third parties like lobbyists and media members. The policy puts legislative leadership in charge of receiving harassment complaints.

Ohio – FirstEnergy Loses Appeal to Shield Internal Investigations of Bribery Schemes from Release

MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 7/14/2024

A federal judge blocked an appeal from FirstEnergy, potentially leading to the release of two internal investigations into the company’s bribery schemes that it has spent the past year fighting to keep secret. Alongside criminal probes in the matter, a cadre of investors in FirstEnergy have sued alleging securities fraud, given losses they incurred as news of the scandal tanked the company’s share price. In June 2023, the investors began mounting a legal effort to obtain copies of the investigations. FirstEnergy claimed the reports are protected by attorney-client privilege.

Oregon – Oregon Prosecutors Won’t Charge State Democratic Party Leaders, Convicted Crypto Exec with Breaking Campaign Finance Law

MSN – Killary Borrud (Portland Oregonian) | Published: 7/17/2024

Oregon Department of Justice officials announced they closed their investigation into a former cryptocurrency executive’s $500,000 political donation to the state Democratic Party in 2022 without finding enough evidence to prove the misreported contribution criminally violated state campaign finance laws. Nishad Singh, who in 2022 was an executive at FTX, sent the Democratic Party of Oregon its largest donation on record in the final weeks of the competitive election for governor.

Pennsylvania – Secret Bank Accounts, $1M Deficit Plague City as Official’s Corruption Case Is Repeatedly Delayed

Spotlight PA – Min Xian and Angela Couloumbis | Published: 7/11/2024

A federal judge has repeatedly granted delays in the case of a former public official accused of corruption as the Pennsylvania city he once ran and allegedly fleeced grapples with the fallout and a nearly $1 million budget deficit. Federal authorities charged Herm Suplizio, DuBois’ ex-city manager, and his former secretary, Roberta Shaffer, with felony conspiracy and program theft. Officials allege Suplizio diverted money that belonged to the small city into secret bank accounts he and Shaffer controlled but over which the city had no oversight. Suplizio, they allege, used some of that money to pay off his credit cards.

Texas – Years into Their Work, Denton Ethics Board Is Facing Burden of Proof to Bring Changes to Ethics Code

Denton Record-Chronicle – Christian McPhate | Published: 7/10/2024

The Denton Board of Ethics has been in the process of updating the city’s ethics ordinance, which has been rife with issues since its passage in 2017. Critics claim city leaders did not follow the standard ethics model used across the state but instead created a Frankenstein version that has been haunting the board for years. The code has been called an “embarrassment” by David Zoltner, a current board member, in part due to the burden of proof requirement. It requires complainants to become what Zoltner called “amateur prosecutors” and prove their case at a public hearing.

Utah – Utah Supreme Court Sides with Opponents of Redistricting That Carved Up Democratic-Leaning Area

MSN – Mead Gruver (Associated Press) | Published: 7/11/2024

The Utah Supreme Court handed a victory to opponents of redistricting that carved up Democratic-leaning Salt Lake County among four congressional districts that have since all elected Republicans by wide margins. The ruling will not affect elections this year. The Supreme Court sent the case back to a lower court to revisit the process for redrawing the state’s congressional boundaries.

July 18, 2024 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance Colorado: “Dave Williams Sent the Colorado GOP $60,000. The Party Says It’s Not Reimbursement for Campaign Help.” by Sandra Fish and Jesse Paul for Colorado Sun New York: “Brianna Suggs, Targeted in FBI Raid in Turkish Straw Donor Probe, Is Still […]

July 17, 2024 • Written by Carlo Aguja

Ask the Expert – How Will Changes to Minnesota Lobbying Laws Affect Registering and Filing?

Minnesota Capitol Building

Q: Since Minnesota updated their lobbying law and the changes went into effect at the start of 2024, how will the changes practically affect how lobbyists register and file reports? A: Minnesota passed legislation affecting lobbying registration and reporting that […]

Q: Since Minnesota updated their lobbying law and the changes went into effect at the start of 2024, how will the changes practically affect how lobbyists register and file reports?

A: Minnesota passed legislation affecting lobbying registration and reporting that went into effect on January 1, 2024. To correspond with the changes the Campaign Finance Board (CFB) has updated their lobbyist registration, termination statement, and reporting forms.

Lobbyists should be aware the registration threshold has increased from $250 to more than $3,000 for individuals who spend personal funds to influence government action. Calculating the threshold does not include an individual’s own traveling expenses and membership dues. While the increased threshold allows individuals to track their activities until they reach the higher amount the law expanded the scope of local government lobbying which could lead to more activities being included in determining your registration requirements.

The scope of local government lobbying was expanded by amending the definition of lobbyist to replace all references to metropolitan governmental unit with political subdivision. A political subdivision includes the metropolitan council, a metropolitan agency, including the Metropolitan Parks and Open Space Commission, Metropolitan Airports Commission, and Metropolitan Sports Facilities Commission, and a municipality, including a county, town, city, school district or other municipal corporation or political subdivision of the state authorized by law to enter into contracts. Communication with local officials of a political subdivision will need to be tracked and included in calculating your threshold. The new form released by CFB reflects these changes. Lobbyists will also be required to list the general lobbying categories of interest on registrations.

On the reporting and termination forms, lobbyists will no longer be required to report disbursements. Instead, individuals must affirm whether legislative, administrative, or local governmental action occurred during the reporting period. For each type of governmental action, the lobbyist must include at least one general lobbying category and up to four specific subjects of interest lobbied during the reporting period. For administrative actions, individuals must also include the agency lobbied and revisor number if applicable. Lobbyists must continue to report the amount and nature of each gift, item, or benefit $5 or more, given or paid to any public official, an employee of the Legislature, or a local official, by the lobbyist, an employer, or employee of the lobbyist, and each original source of money in excess of $500 in any year used for the purpose of lobbying.

While the CFB has not released an updated form for the annual report, the new lobbying law requires the total amount spent on each lobbying type during a calendar year to be rounded to the nearest $9,000 instead of the current $20,000. We expect the CFB to release a new form closer to the annual reporting due date.

The information from this response can easily be found on our website in the Lobbying Compliance section of the United States Compliance Laws publication. Please do not hesitate to contact us if you have questions.

July 16, 2024 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance Colorado: “Political Nonprofit Tied to Jared Polis Admits to Violating Colorado’s Campaign Finance Laws, Will Reveal Donors” by Sandra Fish for Colorado Sun Florida: “Florida Supreme Court Disbars Ex-Miami-Dade Judge, Citing ‘Pattern of Dishonesty’” by News Service of Florida for MSN Massachusetts: “Fine […]

July 15, 2024 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance California: “California Limits Pay-to-Play Politics in Local Elections, but Federal Law Enables a Loophole” by Theresa Clift (Sacramento Bee) for Yahoo News National: “Influencer Running for U.S. Senate Challenges Campaign Finance Rules” by Taylor Lorenz (Washington Post) for MSN Elections National: “Shooting at […]

July 12, 2024 • Written by Jim Sedor

News You Can Use Digest – July 12, 2024

National/Federal Clinton Campaign Case to Prompt Review of Disclosure Exemption Bloomberg Law News – Mike Vilensky | Published: 7/9/2024 The FEC “acted contrary to law” in dismissing a Campaign Legal Center complaint alleging campaign finance violations by Hillary Clinton’s 2016 presidential campaign […]

National/Federal

Clinton Campaign Case to Prompt Review of Disclosure Exemption

Bloomberg Law News – Mike Vilensky | Published: 7/9/2024

The FEC “acted contrary to law” in dismissing a Campaign Legal Center complaint alleging campaign finance violations by Hillary Clinton’s 2016 presidential campaign and a PAC supporting her candidacy, the U.S. Court of Appeals for the District of Columbia Circuit ruled. The complaint accused Clinton’s campaign committee of accepting millions of dollars in undisclosed coordinated contributions from Correct the Record in the form of opposition research, message development, surrogate training, video production, and press outreach.

Judge Denies Effort by Trump Co-Defendant to Have Charges Dismissed

DNyuz – Alan Feuer (New York Times) | Published: 7/6/2024

The federal judge overseeing Donald Trump’s classified documents case rejected an effort by one of his co-defendants to have the charges he is facing dismissed by claiming he was the victim of a vindictive prosecution by the government. The co-defendant, Walt Nauta, who works as a personal aide to Trump, had accused prosecutors in the office of the special counsel, Jack Smith, of unfairly indicting him because he declined to help their efforts to build a case against the former president by testifying against him in front of a grand jury.

Immunity Ruling Leaves Judge Facing Tough Calls on Trump’s Election Indictment

DNyuz – Alan Feuer (New York Times) | Published: 7/9/2024

The Supreme Court’s ruling on presidential immunity will land back with the judge who is handling the case from which it sprang – the criminal prosecution of Donald Trump on charges of plotting to overturn the 2020 election. U.S. District Court Judge Tanya Chutkan will face a daunting task. She will have to make decisions about which of the indictment’s allegations can move forward and which will have to be tossed out. The Supreme Court has held that former presidents are completely protected against accusations arising from their core constitutional duties, but that they can face prosecution for unofficial acts they took while in the White House.

Broken Records: Citizens face growing obstacles to public records, and lawmakers make it worse

Jefferson Public Radio – Daniel Walters (InvestigateWest) | Published: 7/3/2024

A rising flood of records requests – driven by partisan tensions, technological innovation, corporate data mining, and “vexatious requestors” bombarding governments – have increasingly swamped under-resourced records agencies. Across the Northwest, citizens are facing longer wait times, steep fees, and other obstacles to obtaining government records the law says they deserve. It is also happening at the federal level, with average wait times doubling in the past decade, said David Cuillier, director of the Brechner Freedom of Information Project at the University of Florida.

Former Social Security Watchdog Abused Her Authority, Investigation Finds

MSN – Lisa Rein (Washington Post) | Published: 7/3/2024

The Social Security Administration’s recently departed inspector general abused her authority and undermined the integrity of her office while under investigation for misconduct, a report from a committee of federal watchdogs found. Gail Ennis refused to steer clear of an inquiry into her leadership of an anti-fraud program that issued extraordinary fines on disabled and elderly people accused of disability benefit fraud, investigators found. The report said she obstructed the probe by refusing to be interviewed, ordering subordinates and witnesses to limit access to information, and at times seeking to mislead investigators.

A Billionaire Is Boosting a Major Defamation Lawsuit against Fox News

MSN – Jeremy Barr (Washington Post) | Published: 7/8/2024

Smartmatic, the voting technology company enmeshed in complex defamation lawsuits against Fox News and Newsmax, has a powerful new financial ally: billionaire tech entrepreneur Reid Hoffman, who is a co-founder of LinkedIn. Hoffman’s multimillion-dollar investment is intended in part to help the company sustain its costly litigation. Smartmatic has said the two news outlets smeared it by airing bogus claims of rigged vote counting in the 2020 election.

100 Years after Gaining Citizenship, Native Americans Face Barriers to Voting

MSN – Jim Saska (Roll Call) | Published: 7/8/2024

A century ago, Congress granted citizenship to Native Americans, providing them the right to vote. A report from House Administration Committee Democrats argues the nation has failed to keep that promise of voting rights because casting a ballot is too difficult in many indigenous communities. The report takes aim at state laws that require voter identification but do not recognize tribal IDs; the failure to provide voting-related materials in indigenous languages; and electoral maps that split native communities into different districts, diluting their political strength.

Ruling Boosts Social Media Free Speech Protections, Some Say

MSN – Gopal Ratnam (Roll Call) | Published: 7/9/2024

The Supreme Court’s decision on two cases challenging social media content moderation policies could expand protections for tech platforms under the First Amendment umbrella even if Congress were to dilute other protections, according to legal experts. Companies posting user content on the internet enjoy a broad shield under Section 230 of a 1996 law. Lawmakers who want such platforms to rein in harmful content have threatened to revoke the section and force stricter moderation of what gets uploaded. But the court’s decision opens the door to broader, more fundamental cover from the First Amendment.

Bipartisan Senate Group Proposes Ban on Congressional Stock Trading

MSN – Jacob Bogage and Jacqueline Alemany (Washington Post) | Published: 7/10/2024

Members of Congress and their families would face stiff penalties for trading stocks under new legislation from a bipartisan group of senators. The bill would bar members of Congress from buying and selling stocks and certain other investments and impose similar restrictions on lawmakers’ spouses and dependent children by 2027. Lawmakers would face a fine worth their monthly salary or 10 percent of the value of each improper investment if they violated the new rules.

Political Ads on Social Media Rife with Misinformation and Scams, New Research Finds

MSN – David Klepper (Associated Press) | Published: 7/10/2024

Political advertisements on social media are one of the best ways for candidates to reach supporters and raise campaign cash. But as a new report from Syracuse University shows, weak regulations governing online ads and haphazard enforcement by tech companies also make ads a prime source for misleading information about elections and an easy way for con artists to target victims. The research examined more than 2,200 groups on Facebook or Instagram that ran ads between September and May mentioning one of the presidential candidates. Combined, the ads cost nearly $19 million and were seen more than 1 billion times.

Democratic Lawmakers Seek Criminal Investigation of Justice Thomas

MSN – Justin Jouvenal (Washington Post) | Published: 7/9/2024

Two Democratic U.S. senators announced they are seeking a criminal investigation of Supreme Court Justice Clarence Thomas over gifts of travel, a loan for a recreational vehicle, and other benefits he received from wealthy benefactors. Sens. Sheldon Whitehouse and Ron Wyden said they sent a letter to Attorney General Merrick Garland requesting he appoint a special counsel to probe whether Thomas violated ethics, false statement, and tax laws.

GOP Jump-Starts 2024 Election Challenges with Trump-Inspired Lawsuits

MSN – Amy Gardner and Isaac Arnsdorf (Washington Post) | Published: 7/10/2024

The Republican National Committee has expanded legal challenges to voting and election procedures in key swing states since March, when presumptive nominee Donald Trump installed new party leaders with a mandate to pursue his unsubstantiated claims of widespread cheating. Critics say the challenges are legally frivolous. But the cases are dangerous nonetheless, they argue, because they are meant to further erode public confidence in elections and lay the groundwork to overturn the results if Trump loses.

Supreme Court Ethics Remain at Center Stage After Hard-Right Rulings

MSN – Justin Jouvenal (Washington Post) | Published: 7/5/2024

Legal experts say the Supreme Court’s recent blockbuster rulings coupled with ethics allegations against some of the justices have reinforced doubts among a large swath of the country over whether the nations’ highest court can be a neutral interpreter of the law. Gabe Roth, executive director of Fix the Court, sees the scrutiny directed at the court as a positive step. “I’ve long believed that Supreme Court justices should be treated like politicians when it comes to assessing their moral character and potential entanglements,” Roth said. “We have moved to that place, and I think that’s positive given how powerful the justices are.”

From the States and Municipalities

Arkansas – Arkansas Official Rejects Bid to Put Abortion Rights Measure on Ballot

MSN – Frances Vinall (Washington Post) | Published: 7/10/2024

Arkansas Secretary of State John Thurston rejected petitions to put an abortion access measure on the ballot this fall, blaming a procedural error by the organizing group. Arkansans for Limited Government gathered more than 100,000 signatures in support of a ballot proposal to legalize abortion up to 18 weeks after fertilization, and exceptions afterward in cases of rape, incest, fatal fetal anomaly, or threat of physical harm to the pregnant patient. The group has faced a significant challenge in promoting its constitutional amendment initiative in what is sometimes ranked as “the most pro-life state in America.”

California – Big LA County Reforms, Including Board of Supervisors Expansion, Clear First Hurdle

MSN – Frank Stoltze (LAist) | Published: 7/9/2024

The Los Angeles County Board of Supervisors moved forward with a wide-ranging proposal to dramatically change how county governance works. The measure would expand the board of supervisors from five to nine members and create a countywide elected executive position akin to a mayor. Another proposed reform would create an independent ethics commission designed to root out corruption by elected officials. Supervisors would need to take a final vote on the package of reforms by August 9 to get them on the November ballot.

California – California Lawmakers Enacted a Bill to Limit Local Pay-to-Play Politics. Is It Working in Sacramento?

MSN – Theresa Clift (Sacramento Bee) | Published: 7/11/2024

Alvin Cheung, a founding president of California Northstate University, last year donated $250 to Sacramento City Councilperson Mai Vang’s re-election campaign. That amount was just one dollar less than the limit that would have prohibited Vang, who was facing no challenger, from casting a vote expected later this year on whether to award the university a tax break to build a hospital. Senate Bill1439 went into effect January 1, 2023, as a way to combat “pay-to-play” politics.

California – After FBI Raids, Oakland City Council Kills Plan to Strengthen Government Watchdog

Oaklandside – Eli Wolfe | Published: 6/27/2024

The Oakland City Council defeated a modest proposal to strengthen an agency that investigates public corruption and ethics violations. The decision raised eyebrows among those witnessed the FBI raid the home of Mayor Sheng Thao and properties belonging to the city’s recycling contractor, California Waste Solutions. The council rejected a proposed ballot measure to improve the city’s Public Ethics Commission.

Colorado – Faith Winter Violated Colorado Senate Ethics Policy by Appearing to Be Intoxicated at Community Meeting, Panel Rules

Colorado Sun – Jesse Paul | Published: 7/8/2024

State Sen. Faith Winter violated the Colorado Senate’s ethics rules when she appeared to be intoxicated when attending a community meeting earlier this year in Northglenn, a legislative committee convened to investigate her conduct ruled. The Senate Committee on Ethics found that Winter, the chamber’s assistant majority leader, failed to meet the chamber’s ethics standards requiring that she promote public integrity and public confidence.

Connecticut – Did a CT Advocacy Group’s Email Violate Campaign Finance Law? SEEC Investigating

Connecticut Mirror – Andrew Brown and Ginny Monk | Published: 7/5/2024

The State Election Enforcement Commission is investigating a complaint alleging CT169Strong, an organization that has lobbied against Democratic-sponsored housing and zoning legislation in recent years, illegally assisted one of the group’s members who is running for a seat in the Connecticut Legislature. At issue is a message CT169Strong distributed in May as the group was lobbying against the so-called Work Live Ride bill, a piece of legislation that would have encouraged towns to approve more apartments near train and bus stations.

Georgia – Appeals Court Greenlights Campaign Finance Case Against Nonprofit Founded by Stacey Abrams

MSN – Robert Schmad (Daily Caller) | Published: 7/8/2024

A federal appeals court struck down an injunction blocking Georgia from enforcing a state campaign finance law against two nonprofits founded by former gubernatorial nominee Stacey Abrams. A complaint accused the New Georgia Project and the New Georgia Project Action Fund of illegally canvassing for Democratic candidates, including Abrams, during the 2018 midterm elections and failed to disclose millions of dollars in electioneering expenses.

Hawaii – Government Workers in Hawaii Get Paid Not to Work as Misconduct Investigations Drag on for Months or Years

Honolulu Civil Beat – Christina Jedra | Published: 7/10/2024

In Hawaii, “stay away” pay is the practice of giving public employees time off from work while they are investigated for alleged misconduct. Some 350 employees across more than two dozen state and county agencies were put on paid leave due to investigations into suspected wrongdoing from 2020 through 2023. An analysis shows paying these employees not to work cost taxpayers at least $9.5 million in that three-year period. When investigations, and therefore the paid leave, drag on for years, it can waste taxpayer dollars, cause already strained government offices to be stretched even thinner and reward bad behavior.

Hawaii – Honolulu Ethics Commission Says Number of Complaints Has Dropped

Honolulu Civil Beat – Matthew Leonard | Published: 7/8/2024

The Honolulu Ethics Commission says it cannot explain a dramatic fall in the number of complaints it received last year, but it is hopeful the decrease might be the result of more specialized training and expanded outreach. The number of ethics complaints the commission received in 2023 was the lowest since 2018, but the 160 it received in 2022 was a record. That spike could be attributed to the increased scrutiny of ethics rules following the guilty pleas of former state legislators Ty Cullen and Kalani English for taking part in a bribery scheme.

Illinois – Former GOP State Lawmaker, Candidate for Governor Sentenced to 42 Months in Prison

Northern Public Radio – Hannah Meisel (Capitol News Illinois) | Published: 7/10/2024

Former Illinois Sen. Sam McCann was sentenced to 42 months in federal prison for stealing nearly $700,000 in campaign funds and attempting to conceal his theft with false reports to state election authorities. McCann pleaded guilty to seven counts of wire fraud and one count each of money laundering and tax evasion after prosecutors had spent nearly three days presenting evidence against him at trial. U.S. District Court Judge Colleen Lawless said McCann’s refusal to “accept responsibility” until the last possible moment factored into her calculation for prison time.

Illinois – Fate of ComEd Bribery Defendants Could Be in the Dark for Months

WBEZ – Jon Seidel (Chicago Sun-Times) | Published: 7/9/2024

The fate of four people convicted in one of Chicago’s biggest corruption trials will remain up in the air for at least four months as a judge considers the full effect of a U.S. Supreme Court ruling that threatens the jury’s verdict. The high court ruled a law prohibiting bribery among state and local officials did not also criminalize after-the-fact rewards known as “gratuities.” The law in question is involved in five of the nine counts in the Commonwealth Edison bribery case.

Indiana – For Indiana Democrats These Days, Every Year Is a Rebuilding Year

MSN – Brittany Carloni and Kayla Dwyer (Indianapolis Star) | Published: 7/10/2024

Indiana Democrats have not won a contested statewide race since 2012, and party factions disagree about how to turn that tide: whether to run moderate or progressive candidates, and whether to focus on rural or suburban communities. In the absence of an elected statewide party leader, there is a tendency among some to blame the party chair, while his defenders argue naysayers have an outsized view of what role the party should play. The Democratic Party and its top candidates also raise far less money than they used to in Indiana.

Louisiana – Louisiana Ethics Board Faces Higher Quorum Hurdle Under New Law

Louisiana Illuminator – Julie O’Donoghue | Published: 7/8/2024

The Louisiana Board of Ethics will face challenges conducting its business over the next five months under a new state law that gives Gov. Jeff Landry more control over the body. In August, the number of members required to hold a meeting will jump from six to eight of the current 11 members. Ten of 11 board members, instead of eight, will need to be present for the board to move forward with investigations of a potential ethics violation, said Kathleen Allen, the board’s administrator. The ethics board already struggles at times to maintain a quorum under its current threshold.

Maine – The Young People Striving to Make Their Mark on Maine State Policy

Yahoo News – Emma Davis (Maine Morning Star) | Published: 7/8/2024

After Lianna Holden, a recent high school graduate from Lewiston, saw the devastation in her community from a mass shooting last fall, she took to the Maine Legislature to compel change. While testifying for the first time before lawmakers, Holden’s nerves were, for the most part, eclipsed by her knowledge of the legislative process. She had undergone training on grassroots lobbying, workshops on how to write testimony, and had been tracking the changing text and outcomes of gun bills and other legislation of interest to her and her classmates.

Missouri – Ozarks Nonprofits Reassert Political Neutrality After Drone Show with Campaign Message

MSN – Susan Szuch (Springfield News-Leader) | Published: 7/6/2024

A 15-minute-long drone show that included an endorsement for a Christian County Commission candidate left two nonprofits scrambling to assert their political neutrality, while highlighting a potential gray area in Missouri campaign finance law. Near the end of the display, which ran at the same time as the fireworks display, drones spelled out “VOTE JACKSON” in reference to Christian County Commissioner Bradley Jackson, who is up for re-election in November.

New Jersey – Can Pro-Trump N.J. Governor Candidate Keep His Popular Radio Show? State Just Ruled.

MSN – Brent Johnson (NJ Advance Media) | Published: 6/28/2024

The New Jersey Election Law Enforcement Commission (ELEC) took a wait and see approach when it comes to whether the morning radio show of gubernatorial hopeful Bill Spadea violates campaign finance law. ELEC said the show can continue, but it will keep a close watch on what the Republican candidate says on the program and could act later. The hearing addressed whether the show amounts to an in-kind campaign contribution from the station that exceeds the legal limit because of the name recognition and platform he receives.

New York – Hochul Nominates Ethics Commissioner as the Panel’s Future in Limbo

Albany Times Union – Brendan Lyons | Published: 7/3/2024

Gov. Kathy Hochul nominated a New York City attorney to fill one of three vacant positions on the state ethics commission, even as the future of that panel remains in limbo following a recent appellate decision that found it was created in violation of New York’s constitution. Hochul’s nomination of James Caras, who last year retired from his role as special counsel to the speaker of the New York City Council, will be subject to a seven-day public comment period before being presented to a review committee comprised of New York law school deans.

New York – How a New York Democrat Lost a Progressive Ballot Line to a G.O.P. Proxy

DNyuz – Nicholas Fandos (New York Times) | Published: 7/5/2024

When Mondaire Jones, a former Democratic member of Congress running for his old House seat, broke ranks and endorsed the primary opponent of U.S. Rep. Jamaal Bowman in a neighboring district, his longtime allies in the left-leaning Working Families Party were furious. It cancelled plans to campaign for former Jones in his comeback bid. Then things took an even more bizarre turn. The Working Families Party held what should have been a drama-free primary, but instead of nominating the liberal Jones, voters overwhelmingly chose the unlikeliest of alternatives as their nominee: a bankrupt local businessperson propped up by Republicans.

New York – NRA’s Ex-CFO Agreed to 10-Year Not-for-Profit Ban, Still Owes $2M for Role in Lavish Spending Scheme

MSN – Michael Sisak (Associated Press) | Published: 7/9/2024

The National Rifle Association’s (NRA) former finance czar, Wilson Phillips, has been banned for a decade from managing money for any nonprofit company in New York, the state’s attorney general said. Phillips agreed to the ban after a jury found him liable in a scheme to have the gun rights organization bankroll the extravagant lifestyle of the NRA’s longtime chief executive, Wayne LaPierre. Phillips still must pay $2 million in damages to the NRA for his role in concealing and enabling LaPierre’s spending.

Ohio – Ex-Lobbyist Serving 5 Years After Conviction in FirstEnergy Bribery Trial Argues Appeal

MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 7/3/2024

A former lobbyist, sentenced to five years in prison after a jury found he bribed a political operative with $15,000 for private campaign information, argued to appellate judges that he did nothing illegal. Matt Borges, once the chair of the Ohio Republican Party who later worked for FirstEnergy Solutions, told judges on the Sixth Circuit Court of Appeals prosecutors relied on Borges’ use of mob-like language in text messages rather than their underlying substance when they accused him of racketeering.

Oregon – Oregon Ethics Laws Don’t Bar First Lady Aimee Kotek Wilson from Unpaid Work in Wife’s Administration

MSN – Jamie Goldberg (Portland Oregonian) | Published: 7/10/2024

First Lady Aimee Kotek Wilson is allowed to volunteer in Gov. Tina Kotek’s office under state ethics laws as long as she does not personally benefit financially, ruled Susan Myers, executive director of the Oregon Ethics Commission. Myers provided the formal advice three months after the governor’s office asked the commission whether Kotek Wilson could develop, advise, and promote her wife’s priorities as a volunteer in the administration and whether the governor’s office could provide her with staff and resources to accomplish those goals.

South Carolina – A House Contest Where Race, Gerrymandering and the Supreme Court Loom Large

MSN – Patrick Marley (Washington Post) | Published: 7/9/2024

The U.S. Supreme Court signed off on district lines in South Carolina that Republican state lawmakers said they had designed to benefit their party. The First Congressional District had previously been competitive but is now ranked solidly Republican by the Cook Political Report. The Supreme Court ruled the new district lines did not represent an unconstitutional racial gerrymander, overturning a federal three-judge panel. In dissent, Justice Elena Kagan wrote that the majority had cleared the way for discrimination by giving states a green light for “using race as a short-cut to bring about partisan gains.”

Tennessee – Appeals Panel Keeps 21-Month Sentence for Ex-Tennessee Lawmaker Who Tried to Withdraw Guilty Plea

Kentucky Today – Jonathan Mattise (Associated Press) | Published: 7/9/2024

A federal appeals panel is keeping a 21-month prison sentence in place for a former Tennessee senator who tried to withdraw his guilty plea on campaign finance law violations. Former state Sen. Brian Kelsey had pleaded guilty to charges related to his attempts to funnel campaign money from his state legislative seat toward his failed 2016 congressional bid. His attorneys argued prosecutors violated the plea agreement when they said a harsher sentence could be applied after he attempted to withdraw his plea.

Tennessee – Tennessee Attorney General’s Office to Election Finance Office: We’re ‘not an investigative agency’

Tennessee Lookout – Sam Stockard | Published: 7/11/2024

Despite a major funding increase for personnel over two years, the state attorney general’s office notified the Tennessee Registry of Election Finance it is “not an investigative agency” and the agency can find other options if it is not satisfied with the length of time it takes to complete probes. Deputy Attorney General Andrew Coulam said his office is a “law firm with only three investigators” specializing in Medicaid fraud and consumer protection and might not have the staff to do campaign finance investigation in just a few months.

Texas – West Texas Pastor Who Used Illegal Donations from Churches to Campaign for Office Is Fined $3,500

MSN – Jessica Priest (Texas Tribune) | Published: 7/8/2024

A pastor who used his parish’s resources to campaign for office and several pastors from other churches who donated to him were fined after the Texas Ethics Commission determined each violated election law. Scott Beard, the pastor at Fountaingate Fellowship church who was fined $3,500, showed a “lack of good faith” in accepting the donations and in posting campaign signs on church property for his unsuccessful Abilene City Council race despite warnings against doing so, the commission found.

Vermont – New Report Shows Who Has – and Hasn’t – Turned in Latest Campaign Finance Records

VTDigger.org – Shaun Robinson | Published: 7/10/2024

Vermont Secretary of State Sarah Copeland Hanzas released a set of lists naming which candidates have – and which ones have not – filed campaign finance reports with the state as of early July, a move she said would help shine a spotlight on those who are not following the rules. Candidates for the upcoming primary who did not file a July 1 report, about a third of some 300 running for state and county offices this year, are not necessarily out of compliance with state law, Copeland Hanzas said. She thinks it is likely, though, that some are.

Wisconsin – Ballot Drop Boxes Returning to Wisconsin Following Top Court Decision

MSN – Patrick Marley (Washington Post) | Published: 7/5/2024

Liberals on the Wisconsin Supreme Court cleared the way for the use of absentee-ballot drop boxes, reversing a decision made by conservatives two years ago when they controlled the court. Ballot drop boxes were available for years in some Wisconsin communities, and their use was greatly expanded for the 2020 presidential election as voters turned to absentee voting because of the covid-19 pandemic. Top Wisconsin Republicans supported them at the time but turned against them after Joe Biden narrowly beat Donald Trump in the state.

July 11, 2024 • Written by Ryan Silvestro

Sacramento Passes Ordinance Amending Lobbyist Requirements

Sacramento, CA Skyline - Basil D Soufi

The city of Sacramento recently passed Ordinance 2024-0015, which amends various aspects of the city’s lobbying code. The definition of lobbyist is amended to lower the compensation threshold of when a contract lobbyist must register from $3,000 to $1,500. The […]

July 11, 2024 • Written by Samuel Wilkinson

Florida Increases Fines for Revolving Door Violations

Florida State Flag

The civil penalty for violating revolving door restrictions has increased. Senate Bill 7014 doubled the maximum fine to $20,000 for former officials who violate the state’s six-year ban on lobbying on matters of policy and procurement. The bill also makes […]

July 9, 2024 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance New Jersey: “Can Pro-Trump N.J. Governor Candidate Keep His Popular Radio Show? State Just Ruled.” by Brent Johnson (NJ Advance Media) for MSN Texas: “West Texas Pastor Who Used Illegal Donations from Churches to Campaign for Office Is Fined $3,500” by Jessica […]

July 5, 2024 • Written by Jim Sedor

News You Can Use Digest – July 5, 2024

National/Federal Stephen Bannon Plans to Record His Podcast and Then Report to Prison DNyuz – Ken Bensinger (New York Times) | Published: 7/1/2024 Immediately before reporting for a four-month sentence in federal prison, Stephen Bannon, the longtime adviser to former President Trump, […]

National/Federal

Stephen Bannon Plans to Record His Podcast and Then Report to Prison

DNyuz – Ken Bensinger (New York Times) | Published: 7/1/2024

Immediately before reporting for a four-month sentence in federal prison, Stephen Bannon, the longtime adviser to former President Trump, will host the two final hours of his podcast from just outside the low-security facility in Danbury, Connecticut. Bannon lost his last-ditch bid to avoid incarceration after the U.S. Supreme Court denied a request to postpone the sentence while he appealed a verdict that found him guilty of contempt for ignoring a congressional subpoena.

Departing FDA Staffers Told They Can Still Influence the Agency in Big Pharma Jobs: BMJ report

FiercePharma – Andrea Park | Published: 7/1/2024

Former FDA employees are prohibited from engaging in certain lobbying activities, but an investigation published in The BMJ claims the agency’s staffers are often advised of loopholes in those regulations on their way out the door. Internal emails reportedly show, for example, that FDA ethics staff telling two agency officials who had worked on COVID-19 vaccine approvals and who were moving on to roles at Moderna they could still work with the FDA indirectly, “behind the scenes,” from their new positions.

Supreme Court Orders Second Look at Texas and Florida Social Media Laws

MSN – Ann Marimow and Cat Zakrzewski (Washington Post) | Published: 7/1/2024

The U.S. Supreme Court ordered lower courts to take a second look at a pair of laws in Texas and Florida that would have prevented social media companies from removing certain political posts or accounts, saying the courts had not fully addressed the First Amendment issues at play. The justices voided the judgments of separate appeals courts that had reached opposite conclusions about whether the laws were constitutional, ordering both to perform a deeper analysis of whether the statutes violate the right to free speech.

Judge Cannon Orders Hearing for Trump to Challenge Mar-a-Lago Search

MSN – Devlin Barrett and Perry Stein (Washington Post) | Published: 6/27/2024

U.S. District Court Judge Aileen Cannon will hold a hearing for Donald Trump’s lawyers to challenge some of the evidence gathered against him for alleged mishandling of classified documents and obstructing government efforts to retrieve them. Cannon said “further factual development is warranted” when it comes to Trump’s challenge to the search warrant for his Florida home and private club. Trump is seeking to suppress much of the evidence by arguing that the search warrant was faulty.

Justices Strike Obstruction Charge for Jan. 6 Rioter, Likely Impacting Others

MSN – Ann Marimow and Devlin Barrett (Washington Post) | Published: 6/28/2024

Federal prosecutors improperly charged a January 6 defendant with obstruction, the Supreme Court ruled, a decision that will likely upend many cases against rioters who disrupted the certification of the 2020 presidential election and which Donald Trump’s legal team may use to try to whittle down one of his criminal cases. Writing for the majority, Chief Justice John Roberts said prosecutors’ broad reading of the statute gives them too much discretion to seek a 20-year maximum sentence “for acts Congress saw fit to punish only with far shorter terms of imprisonment.”

Supreme Court’s ‘Chevron’ Ruling Means Changes for Writing Laws

MSN – Michael Macagnone (Roll Call) | Published: 6/28/2024

A Supreme Court decision left an uncertain and more difficult path for Congress to shape how the federal government carries out laws on major issues such as environment, health, immigration, and more, lawmakers and legal experts said. The ring overturned a long-standing legal doctrine called Chevron deference, which required judges to defer to an agency’s interpretation when it comes to regulations about laws that are ambiguous. Instead, the opinion says judges should give that deference only when Congress explicitly says an agency can make its own decision.

Thomas Uses Trump Immunity Ruling to Question Jack Smith Appointment

MSN – Perry Stein (Washington Post) | Published: 7/1/2024

Supreme Court Justice Clarence Thomas tackled a question in his presidential immunity opinion that Donald Trump’s attorneys did not bring before the nation’s highest court: Was special counsel Jack Smith legally appointed? Thomas argued both that the special counsel’s office needs to be established by Congress and Smith needed to be confirmed by the Senate. He said he tacked on his concurring opinion to the immunity ruling to “highlight another way in which this prosecution may violate our constitutional structure.”

Biden’s Lapses Are Said to Be Increasingly Common and Worrisome

Seattle Times – Peter Baker, David Sanger, Zolan Kanno-Youngs, and Kate Rogers (New York Times) | Published: 7/2/2024

Like many people his age, President Biden, 81, has long experienced instances in which he mangled a sentence, forgot a name, or mixed up a few facts, even though he could be sharp engaged most of the time. But people in the room with him more recently said the lapses seemed to be growing more frequent, more pronounced, and more worrisome. He is certainly not that way all the time. In the days since the debate debacle, aides and others who encountered Biden described him as being in good shape – alert, coherent, and capable, engaged in complicated and important discussions and managing volatile crises.

Ruling Accusing Former Miami Lawmaker of Campaign Finance Violations Tossed Out

WLRN – Jim Saunders (News Service of Florida) | Published: 7/1/2024

A federal appeals court tossed out a ruling that would have led to former U.S. Rep. David Rivera getting hit with a $456,000 fine in a case involving campaign finance violations. A three-judge panel of the 11th U.S. Circuit Court of Appeals said a District Court judge improperly granted summary judgment to the FEC in the case, which involves allegations that Rivera secretly funneled money to try to undermine a Democratic rival in 2012.

Ruling Further Slows Trump Election Case but Opens Door to Airing of Evidence

Yahoo News – Alan Feuer (New York Times) | Published: 7/2/2024

The Supreme Court’s decision about executive immunity makes it all but certain that Donald Trump will not stand trial on charges of seeking to overturn the last election before voters decide whether to send him back to the White House in the next one. But the ruling also opened the door for prosecutors to detail much of their evidence against Trump in front of a federal judge – and the public – at an expansive fact-finding hearing, perhaps before Election Day. It remains unclear when the hearing, which was ordered as part of the court’s decision, might take place or how long it would last.

From the States and Municipalities

Arizona – Appeals Court Upholds Core of AZ ‘Dark Money’ Disclosure Law Voters Approved in 2022

Arizona Mirror – Caitlin Sievers | Published: 6/29/2024

A three-judge panel of the Arizona Court of Appeals upheld most of the Voters’ Right to Know Act, which passed in 2022. But it concluded a provision in the law that bars the Legislature from limiting the Citizens Clean Elections Commission from enforcing the “dark money” disclosure provisions is unconstitutional. The law aims to eliminate secret election spending by requiring political committees that spend at least $50,000 in statewide or legislative campaigns reveal the identities of individual donors who give more than $5,000, among other provisions.

Arizona – In CD1 Race, Mysterious Group’s Ads May Have Violated Campaign Finance Law

MSN – Laura Gersony (Arizona Republic) | Published: 6/28/2024

A group spending money in the race for Arizona’s First Congressional District has not registered with federal elections officials in what one expert said could be a violation of campaign finance law. The Turn AZ Blue PAC has bought television ads against congressional candidate Marlene Galán-Woods, one of the six Democratic candidates looking to challenge incumbent U.S. Rep. David Schweikert. Records show the group has spent more than the sum that is often required for groups to register with the FEC, but it still has not done so.

California – Judge Denies LA Councilman John Lee’s Bid to Short-Circuit Ethics Commission Action

Courthouse News Service – Hillel Aron | Published: 7/2/2024

Los Angeles City Councilperson John Lee’s attempt to short circuit an Ethics Commission probe ended after a state court judge dismissed his lawsuit against the commission, though he can still make many of his legal objections to the probe in an administrative setting. Lee is accused of accepting gifts without disclosing them while he was working as the chief of staff for his predecessor, Mitchell Englander. Lee was identified in Englander’s indictment as “City Staffer B” and was accused by the commission of receiving a free hotel stay and $1,000 in casino chips, which Lee lost playing baccarat. He also received roughly $4,300 in free food and alcohol.

California – S.F. City Hall Corruption Scandal: Former city worker sentenced to prison for taking bribes

MSN – Carolyn Stein (San Francisco Chronicle) | Published: 6/28/2024

Cyril Yu, a former San Francisco Department of Building Inspection plan checker, was sentenced to a year and a day in prison for taking $15,000 worth of bribes from a local developer in return for expediting building plans. He must also pay a $20,000 fine. It marks the latest action in a public corruption probe city government that started with the arrest of former Public Works Chief Mohammed Nuru but included former employees and others working with the Department of Building Inspection.

California – ‘Recall Sheng Thao’ Campaign Refuses to Cooperate with Ethics Investigators, Faces Lawsuit

MSN – Darwin BondGraham and Eli Wolfe (Oaklandside) | Published: 7/1/2024

The Oakland Public Ethics Commission filed a lawsuit against organizers of the recall campaign targeting Mayor Sheng Thao. The lawsuit alleges the recall’s backers have refused to hand over fundraising records sought by the commission, which is looking into allegations the recall supporters violated campaign finance laws.

California – California Gubernatorial Candidate Spent Big on Vienna Trip – with Her Spouse’s Firm

MSN – Christopher Cadelago (Politico) | Published: 6/27/2024

California gubernatorial candidate Toni Atkins paid $22,500 to the Global Policy Leadership Academy, where her longtime spouse is the firm’s chief executive officer and its sole shareholder. Atkins described the money as going toward a trip to Vienna, Austria in 2022. California law bars officeholders from using campaign funds for personal reasons such as giving to a spouse or domestic partner, experts said. Ann Ravel, former chair of the Fair Political Practices Commission, said the amount of money Atkins sent to the Global Policy Leadership Academy, a for-profit company, is not legal.

California – Reform Expert Robert Stern Joins LA Ethics Commission

MyNewsLA – Staff | Published: 7/2/2024

The Los Angeles City Council confirmed reform expert Robert Stern as the newest member of the Ethics Commission, marking the first time in several months that the five-member body has had all its seats filled. A nationally recognized expert in the fields of campaign finance and government reform, Stern was the first general counsel of the California Fair Political Practices Commission.

Colorado – Denver Clerk Applauds Passage of Campaign Finance Bill

LaVozColorado – Staff | Published: 7/3/2024

Denver Mayor Mike Johnston signed a campaign finance reform bill into law. It streamlines the Office of the Clerk and Recorder’s citizen complaint process and increases the office’s authority to levy penalties against candidates and committees who fail to report required information. Independent expenditure filers are also subject to new disclosure rules.

Florida – Judge Dismisses ‘Shakedown’ Lawsuit Allegations Against Alex Díaz de la Portilla

MSN – Tess Riski (Miami Herald) | Published: 7/3/2024

A judge dismissed allegations in a lawsuit against former Miami City Commissioner Alex Díaz de la Portilla accusing him of attempting to “shake down” the operator of the Rickenbacker Marina by pressuring him to take on one of the commissioner’s associates as a business partner. Miami-Dade Circuit Court Judge Mavel Ruiz ruled that, as an elected official, Díaz de la Portilla was protected by “legislative immunity” from claims leveled against him by former state representative and lobbyist Manuel Prieguez.

Hawaii – Mayor Signs Bill Further Limiting Value of Gifts City Employees Can Accept

MSN – KHNL Staff | Published: 7/2/2024

Honolulu Mayor Rick Blangiardi signed a bill aimed at bolstering public trust by further limiting the monetary value of gifts city employees can accept. The mayor said the measure was about bolstering transparency and accountability. “I cringe every time I hear people talk about corrupt politicians,” Blangiardi said.

Illinois – Pritzker Signs Bill to Increase Party Power in Primary Elections

WTTW – Andrew Adams (Capitol News Illinois) | Published: 7/2/2024

Illinois Gov. J.B. Pritzger signed a bill affecting primary election fundraising, the electoral college, and the state’s voter registration database. Under the new law, political parties will be allowed to transfer an unlimited amount of funds to candidates during primary elections. Another provision in the bill would change how the state handles the electors it sends to the electoral college during presidential elections.

Illinois – CTU Lobbyist Helped Craft Mayor’s Letter to Senate President at Heart of Springfield Selective Enrollment Fight

Yahoo News – Alice Yin and Jeremy Gorner (Chicago Tribune) | Published: 6/27/2024

Mayor Brandon Johnson’s letter to Illinois Senate President Don Harmon vowing not to shut down selective enrollment schools was directly edited by a Chicago Teachers Union (CTU) lobbyist and was preceded by an earlier version that made no such promise. Harmon pointed to Johnson’s promise in the letter as evidence of the trust between the two officials. But public records reveal a CTU official helped craft the eleventh-hour letter that likely saved the union and Johnson from an embarrassing defeat in the statehouse, as well as an earlier, watered-down version.

Massachusetts – Ballot Question Fundraising and Spending Largely Hidden from Public View

CommonWealth Beacon – Gintautas Dumcius | Published: 6/30/2024

Voters in Massachusetts will weigh in on a slew of ballot questions this November, with the competing sides raising and spending millions of dollars trying to convince them which way to vote. But who is behind the barrage of spending aimed at persuading voters will be largely a mystery until weeks before the election. In contrast to state election laws governing candidates for office, which require regular reporting throughout the year on campaign donations and expenditures, ballot question committees operate under relatively lax reporting requirements.

Nebraska – Some Nebraskans Say Misleading Words Led Them to Sign Petitions on Abortion They Don’t Support

MSN – Margery Beck (Associated Press) | Published: 7/1/2024

The Nebraska Secretary of State’s office said it has received 91 affidavits from voters seeking to have their names removed from an abortion petition, claiming they were misled into signing. The vast majority, 67, came from those seeking to have their name removed from Protect Women and Children or other petitions seeking to ban abortions. Only seven had sought to remove their names from a petition to protect abortion rights.

New York – Giuliani Disbarred in N.Y. Over False Statements About 2020 Election

MSN – Patrick Svitek (Washington Post) | Published: 7/2/2024

Rudy Giuliani, the former personal attorney to Donald Trump, was disbarred in New York over his false statements about the 2020 election. The ruling found Giuliani “repeatedly and intentionally made false statements” about the 2020 election – “some of which were perjurious” – to courts, the public and state lawmakers. “In so doing, respondent … actively contributed to the national strife that has followed the 2020 Presidential election, for which he is entirely unrepentant,” the ruling said.

New York – Trump’s Sentencing in N.Y. Hush Money Case Postponed Until September

MSN – Shayna Jacobs (Washington Post) | Published: 7/2/2024

Donald Trump’s sentencing in the New York election interference case was pushed back to September, as his lawyers seek to convince the trial judge his conviction should be tossed out after a Supreme Court ruling that presidents have immunity for official acts. The conduct at issue in the New York case was principally about paying hush money to an adult-film actress and then reimbursing Trump’s former lawyer for arranging the payment. But Trump’s legal team may also try to use the new ruling to attack the trial evidence, since the Supreme Court ruled evidence related to official acts of a president may not be presented to a jury.

North Carolina – Republicans: Veto override levels campaign finance playing field

Center Square – Alan Watson | Published: 6/27/2024

Republicans in North Carolina say they evened the playing field of national political parties on campaign finance following an override of Gov. Roy Cooper’s veto. Democrats had access to more money because the Democratic Governors Association had a regular PAC while the Republican Governors Association did not. Both parties’ super PACs could not give to state parties directly, while their regular PACs could. The new law clarifies language on definitions of the political committees.

North Dakota – Ethics Commission Sees Uptick in Campaign Complaints, but Lacks Rules to Enforce

Yahoo News – Mary Steuer (North Dakota Monitor) | Published: 7/1/2024

The North Dakota Ethics Commission has seen a rise in campaign-related complaints but lacks tools to address the allegations, Executive Director Rebecca Binstock said. Commissioners are considering adopting a new set of rules, so the board has more authority to investigate the complaints. There have been recent allegations of campaign fraud in North Dakota submitted to federal authorities.

Ohio – Lawsuit Challenges Ohio Law Banning Foreign Nationals from Donating to Ballot Campaigns

WCPO – Julie Carr Smyth (Associated Press) | Published: 6/28/2024

A new law banning foreign nationals and green card holders from contributing to state ballot campaigns in Ohio curtails the constitutionally protected rights of free speech and association, according to a lawsuit. Political committees involved in two ballot measures took money from entities that had received donations over the past decade from Swiss billionaire Hansjorg Wyss, though any direct path from him to the Ohio campaigns is untraceable under campaign finance laws left unaddressed in the law. Wyss lives in Wyoming.

Oklahoma – Oklahoma Schools Are Required to Teach the Bible, State Superintendent Says

MSN – Anumita Kaur (Washington Post) | Published: 6/27/2024

Oklahoma’s state superintendent mandated that all public schools teach the Bible in a move he said was meant to impart “historical understanding,” but critics say blurs the constitutional boundary between church and state. The Oklahoma Supreme Court recently rejected a proposed state-financed Catholic charter school, saying the first-of-its-kind religious public school violated the state and U.S. constitutions.

Oregon – Oregon Ethics Commission Drops Investigation into Role of Gov. Tina Kotek’s Wife in Her Administration

MSN – Carlos Fuentes (Portland Oregonian) | Published: 6/28/2024

On a tie vote, the Oregon Government Ethics Commission decided to not pursue an investigation into whether Gov. Tina Kotek violated any ethics laws by elevating her wife’s role in her office. Commission members generally agreed a preliminary investigation produced no substantial evidence Kotek or her wife, Aimee Kotek Wilson, violated any ethics laws. It is unknown what role Kotek Wilson will have in the administration going forward.

Texas – Texas AG Ken Paxton Owes the State Thousands in Ethics Fines. Now His Own Agency Has to Collect It

MSN – Taylor Goldenstein (Houston Chronicle) | Published: 7/3/2024

Texas Attorney General Ken Paxton owes more than $11,000 in fines for filing late campaign finance reports. His own office is charged with collecting the money. The campaign finance enforcement system in Texas is unusual. Ethics agencies in other large states, including California and New York, can file their own collections lawsuits without the attorney general’s involvement. In other states, such as Illinois, candidates who do not pay their ethics fines cannot get on the ballot.

Virginia – Judges Order Hate Groups to Pay Millions for 2017 Charlottesville Rally

MSN – Ellie Silverman (Washington Post) | Published: 7/1/2024

A federal appeals court restored more than $2 million of damages a jury said some of the nation’s most prominent white supremacists and hate groups owed for their role in 2017’s deadly Unite the Right rally in Charlottesville, Virginia. The ruling allows plaintiffs to collect, nearly three years after a jury said they were entitled to relief for the physical harm and emotional distress they incurred when white supremacists descended on Charlottesville in a weekend of hate.

July 3, 2024 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance California: “‘Recall Sheng Thao’ Campaign Refuses to Cooperate with Ethics Investigators, Faces Lawsuit” by Darwin BondGraham and Eli Wolfe (Oaklandside) for MSN National: “Ruling Accusing Former Miami Lawmaker of Campaign Finance Violations Tossed Out” by Jim Saunders (News Service of Florida) for […]

July 1, 2024 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance Arizona: “In CD1 Race, Mysterious Group’s Ads May Have Violated Campaign Finance Law” by Laura Gersony (Arizona Republic) for MSN California: “California Gubernatorial Candidate Spent Big on Vienna Trip – with Her Spouse’s Firm” by Christopher Cadelago (Politico) for MSN North Carolina: “Republicans: […]

Tuesday’s LobbyComply News Roundup

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