December 19, 2022 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance Massachusetts: “A Charlie Baker-Aligned Super PAC Broke State Law by Touting Him as ‘Special Guest’ at Fundraiser, Regulators Say” by Matt Stout (Boston Globe) for MSN Elections National: “This Year’s Ballot Measures Will Change How Many Americans Vote” […]

December 15, 2022 • Written by Jim Sedor

News You Can Use Digest – December 16, 2022

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 […]

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.

December 15, 2022 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Elections Georgia: “Georgia Secretary of State Calls for End to Runoff Elections” by Matthew Brown (Washington Post) for MSN Ethics National: “Trump Told Crowd to ‘Fight Like Hell’ Before Riot. Can He Be Sued?” by Rachel Weiner (Washington Post) for […]

December 12, 2022 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Elections Arizona: “Kari Lake Sues Arizona’s Largest County, Seeking to Overturn Her Defeat” by Alexandra Berzon, Ken Bensinger, and Charles Homans (New York Times) for DNyuz Oregon: “Oregon’s Top Election Official Seeks More Money to Combat Election Misinformation” by Julia […]

December 9, 2022 • Written by Jim Sedor

News You Can Use Digest – December 9, 2022

National/Federal Democrats Ramp Up Investigation of Kushner Family Business Dealings MSN – Michael Kranish (Washington Post) | Published: 12/7/2022 Democrats on a pair of congressional committees launched a new effort to obtain information about whether Jared Kushner’s actions on U.S. policy […]

National/Federal

Democrats Ramp Up Investigation of Kushner Family Business Dealings
MSN – Michael Kranish (Washington Post) | Published: 12/7/2022

Democrats on a pair of congressional committees launched a new effort to obtain information about whether Jared Kushner’s actions on U.S. policy in the Persian Gulf region as a senior White House adviser were influenced by the bailout of a property owned by his family business. Citing previously undisclosed documents related to former President Trump’s son-in-law, the committees sent letters to the State and Defense departments requesting material they say could shed new light on whether “Kushner’s financial conflict of interest may have led him to improperly influence U.S. tax, trade and national security policies for his own financial gain.”

DNC Moves Forward with Dramatic Change to Presidential Primary Calendar
MSN – Elena Schneider (Politico) | Published: 12/2/2022

The Democratic National Committee voted to radically alter its presidential nominating calendar, following President Biden’s recommendations to elevate South Carolina as the first primary state and to eliminate Iowa, breaking with historical precedent. But there are still several logistical hurdles for the party to clear to make the new vision a reality. Members of the party’s Rules and Bylaws Committee, charged with recommending a new calendar, gave a near-unanimous vote of approval for Biden’s proposal, with only minor tweaks to the dates and two ‘no’ votes from Iowa and New Hampshire members.

Ex-Miami US Rep. David Rivera Arrested in Venezuela Probe
Yahoo News – Joshua Goodman and Terry Spencer (Associated Press) | Published: 12/5/2022

Former U.S. Rep. David Rivera, who signed a $50-million consulting contract with the Venezuela government, was arrested on suspicion of money-laundering and representing a foreign government without registering. The indictment alleges Rivera, at the start of the Trump administration, was part of a conspiracy to lobby on behalf of Venezuela to lower tensions with the U.S., resolve a legal dispute with an American. oil company, and end U.S. sanctions against the South American nation – all without registering as a foreign agent.

Fearing Scandal, Air Force Blocked Generals’ Foreign Consulting Deals
MSN – Craig Whitlock and Nate Jones (Washington Post) | Published: 12/5/2022

During the height of the war in Afghanistan, Pentagon officials persuaded Azerbaijan President Ilham Aliyev to open his country’s borders and airspace to allied supply routes. In exchange, U.S. officials promised a closer diplomatic partnership with Aliyev and steered $369 million in defense contracts to Silk Way Airlines, an Azerbaijan cargo carrier that U.S. investigators say was controlled by the government. Two U.S. Air Force generals, Duncan McNabb and William Fraser III, who oversaw the supply routes later tried to cash in on their Azerbaijan connections. Upon retiring from active duty, they negotiated valuable consulting deals with Silk Way Airlines.

Federal Election Commission Passes New Digital Ad Disclosure Rule
OpenSecrets – Taylor Giorno | Published: 12/1/2022

The FEC adopted a new rule requiring disclosures for political advertising online. Previously, digital ads were not subject to the same disclosure requirements as those in broadcast or print media. The rule expands the definition of “public communication” to “any public communication over the internet that is placed for a fee on another person’s website, digital device, application, or advertising platform.” But the commissioners rejected language requiring those who promote digital political ads to disclose if they are being paid to do so.

House Ethics Committee Admonishes Rep. Madison Cawthorn Over Crypto Promotion, Failure to Disclose Stake
CNBC – Dan Mangan | Published: 12/7/2022

The House Committee on Ethics said it admonished outgoing U.S. Rep. Madison Cawthorn and ordered him to pay more than $15,000 for violating conflict-of-interest rules by publicly promoting a cryptocurrency he owned and for failing to promptly disclose crypto transactions. The committee also said an investigative subcommittee’s report did not find evidence Cawthorn engaged in an improper romantic or sexual relationship with a staffer, with whom he had been seen in videos “engaging in explicit and sexually suggestive comments and conduct.”

Items with Classified Markings Found at Trump Storage Unit in Florida
MSN – Jacqueline Alemany, Josh Dawsey, Spencer Hsu, Devlin Barrett, and Rosalind Helderman (Washington Post) | Published: 12/7/2022

Lawyers for former President Trump found at least two items marked classified after an outside team hired by Trump searched a storage unit in West Palm Beach, Florida, used by the former president, according to people familiar with the matter. Those items were immediately turned over to the FBI. The search was one of at least three conducted by an outside team of his properties for classified materials in recent weeks, after they were pressed by a federal judge to attest they had fully complied with a grand jury subpoena to turn over all materials bearing classified markings.

Justice Dept. Subpoenas Ariz., Mich., Wis. Officials for Trump Communications
MSN – Amy Gardner, Isaac Stanley-Becker, Yvonne Wingett Sanchez, and Patrick Marley (Washington Post) | Published: 12/6/2022

Special counsel Jack Smith subpoenaed local officials in Arizona, Michigan, and Wisconsin – three states that were central to former President Trump’s failed plan to stay in power following the 2020 election – for any and all communications with Trump, his campaign, and a long list of aides and allies. They are among the first known subpoenas issued by Smith, who was named to oversee the U.S. Capitol attack case as well as the criminal probe of Trump’s possible mishandling of classified documents at his Florida home.

Rupert Murdoch to Be Deposed in $1.6 Billion Defamation Case Against Fox
MSN – Jeremy Barr and Rachel Weiner (Washington Post) | Published: 12/5/2022

Rupert Murdoch, chairperson of Fox News parent company Fox Corp, will be forced to answer questions under oath about his network’s coverage of the 2020 presidential election. Murdoch will be deposed as part of Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News. The lawsuit alleges the network purposely aired false claims about Dominion’s role in the 2020 presidential election to boost ratings and fight off competition from more-conservative-leaning television networks.

Ted Cruz’s Podcast Deal With iHeartMedia May Violate Ethics Laws, Watchdog Says in New Complaint
MSN – Zach Everson (Forbes) | Published: 12/1/2022

U.S. Sen. Ted Cruz may have violated a federal law barring senators from receiving gifts from registered lobbyists when he accepted podcast production services from iHeartMedia, according to a complaint filed by the Campaign Legal Center with the Senate Select Committee on Ethics. Senators also are barred from accepting honoraria for oral presentations transmitted electronically. The complaint claims that Cruz’s deal with iHeartMedia could not be qualified as a political contribution either, because corporations are banned from donating directly to campaigns, even via in-kind contributions.

Trump Mar-a-Lago Special Master Struck Down by Appeals Court
MSN – Perry Stein and Devlin Barrett (Washington Post) | Published: 12/1/2022

A federal appeals court panel halted an outside review of thousands of documents seized from former President Trump’s Florida residence, ruling a lower-court judge was wrong to appoint an expert to decide whether any of the material should be shielded from criminal investigators. The ruling, which Trump may appeal to the Supreme Court, means criminal investigators can again access the unclassified documents that were recovered in the search. The Justice Department has said those materials may be important in their probe of the possible mishandling of classified documents, obstruction, and destruction of government property at Mar-a-Lago.

Trump’s Committee Paying for Lawyers of Key Mar-a-Lago Witnesses
MSN – Devlin Barrett, Josh Dawsey, and Isaac Stanley-Becker (Washington Post) | Published: 12/5/2022

Former President Trump’s PAC is paying legal bills for some key witnesses involved in the Justice Department investigation into whether Trump mishandled classified documents, obstructed the investigation, or destroyed government records. Jim Walden, a former federal prosecutor, said the payment arrangement raises concerns about whether the reimbursement of legal fees may influence what the witnesses say or do. He noted if Justice Department officials have ethical concerns, they could ask a judge to, at a minimum, question the clients about whether they are certain their interests are being protected.

Vows to Reject Corporate PAC Money on the Rise for Incoming Congress
MSN – Kate Ackley (Roll Call) | Published: 12/5/2022

More than 70 members of the 118 Congress say they are swearing off contributions from corporate PACs, indicating that a trend, almost exclusively among Democrats, that caught on during the 2018 election cycle has persisted. Business PACs face an uncertain future as the scramble for their money diminishes. Recent cycles have also seen an explosion in contributions of small amounts by more donors, especially among Democrats.

Canada

Canada – MPs Step in to Delay New Lobbying Code of Conduct Following Complaints
Globe and Mail – Bill Curry | Published: 12/1/2022

Members of Parliament delayed a new code of conduct for lobbyists after receiving a wide range of complaints. Some of the changes are being criticized as a major softening related to situations in which lobbyists campaign for politicians, while some lobbyists are objecting to proposed new restrictions on the many evening events hosted by organizations on Parliament Hill.

From the States and Municipalities

Arizona – Ariz. County Ordered to Certify Election as GOP Lawyers Are Sanctioned
MSN – Isaac Stanley-Becker and Yvonne Wingett Sanchez (Washington Post) | Published: 12/1/2022

A judge in Arizona ordered the governing board of Cochise County to certify the results of the November 8 election, finding its members had no authority to shirk a duty required under state law. The surrender, under court order, ended a standoff that threatened to upend the state’s process for affirming the will of more than 2.5 million Arizona voters. The ensuing chaos could have undermined the projected victories of Republicans in a U.S. House seat and the statewide race for schools superintendent.

California – Councilmember Rebecca Kaplan Faces $19,000 Ethics Fine
MSN – Darwin BondGraham (Oaklandside) | Published: 12/2/2022

Oakland City Councilperson Rebecca Kaplan is facing a $19,000 fine because she allegedly failed to disclose her ownership of a condominium located next to a waterfront park which she and the rest of the council voted to expand, using over $1 million in city funds. The improvement to the park stood to increase the value of her condo. Kaplan purchased the condo in 2013 along with her parents, but for the next seven years she did not list it on the annual financial disclosure forms that elected officials are required to file with the city.

California – L.A. City Council Votes to Reinstate Salary of Indicted Member Mark Ridley-Thomas
MSN – David Zahniser (Los Angeles Times) | Published: 12/7/2022

The Los Angeles City Council voted to reinstate the salary of indicted Councilperson Mark Ridley-Thomas, more than a year after he was suspended from his post while facing federal corruption charges. Ridley-Thomas sued the city over his suspension earlier this year, saying it violated the City Charter and was politically motivated. He will receive about $265,000, while an additional $99,500 will go to his legal team.

Florida – Florida Lawmaker Charged with Defrauding Pandemic Loan Program
MSN – Andrew Jeong (Washington Post) | Published: 12/8/2022

A Florida lawmaker known for sponsoring legislation that regulates classroom talk about sexual orientation and gender identity was indicted by a grand jury for allegedly trying to illicitly obtain more than $150,000 in federal pandemic relief funds. State Rep. Joseph Harding was accused of making fraudulent applications to the Small Business Administration using the names of dormant business entities. Harding is also accused of submitting “fraudulently created bank statements” in the applications, federal prosecutors said.

Florida – Matt Gaetz Associate Joel Greenberg Gets 11 Years as Probe into Congressman Stalls, Sources Say
ABC News – Will Steakin | Published: 12/1/2022

Joel Greenberg, the former Florida tax collector who sources say agreed to cooperate in the federal probe into his one-time close associate, U.S. Rep. Matt Gaetz, was sentenced to 11 years in prison after pleading guilty to six of the 33 charges he was facing, including stalking, identity theft, wire fraud, and conspiracy to bribe a public official, as well as one charge of sex trafficking. Multiple sources familiar with the probe said the investigation into Gaetz has stalled.

Florida – Tampa Police Chief Mary O’Connor Resigns Amid Traffic Stop Controversy
MSN – Tony Marrero (Tampa Bay Times) | Published: 12/5/2022

Tampa’s chief of police, Mary O’Connor, resigned after an investigation into a Pinellas County traffic stop where she flashed a badge and asked a deputy to “just let us go.” A deputy pulled over O’Connor and her husband because their golf cart did not have a license plate. Keith O’Connor said they stopped at nearby restaurant and did not usually drive the cart on public roads. The deputy let them go without a citation. Mary O’Connor handed over what appeared to be her business card, telling the deputy, “You ever need anything, call me.”

Georgia – After Georgia Loss, G.O.P. Stares Down Its Trump Dilemma
DNyuz – Jonathan Weisman and Maya King (New York Times) | Published: 12/7/2022

The Democrats’ capstone re-election victory of U.S. Sen. Raphael Warnock forced Republicans to reckon with the red wave that was not, as they turned with trepidation to 2024 and the intensifying divisions in the party over former President Trump. For a handful of Republicans, newly emboldened by re-election or retirement to say so aloud, the biggest culprit was Trump. They slammed him for promoting flawed candidates, including Herschel Walker, dividing his party, and turning many swing voters against the GOP for the third election cycle in a row.

Hawaii – ‘A Deep Moral Crisis’: Commission Proposes ‘Bold’ Reforms in Government
Honolulu Civil Beat – Chad Blair | Published: 12/1/2022

A panel tasked with identifying ways to better Hawaii government is calling for sweeping reforms to restore public trust in government. The report from the Commission to Improve Standards of Conduct details more than 30 proposals to reshape state laws and legislative processes in the areas of ethics, corruption, elections, and government operations. The report was triggered by a string of corruption cases involving government officials statewide that made national headlines and raised doubts about the integrity of local government operations.

Illinois – Despite Ban on Lobbyists’ Campaign Money, Lightfoot Took $68K from Lobbyist’s Companies. Now, She’s Giving Much of it Back.
Chicago Sun-Times – Tim Novak and Frank Main | Published: 12/2/2022

More than a decade ago, then-Chicago Mayor Rahm Emanuel issued an executive order that prohibited him and future mayors from taking any campaign money from lobbyists. This year, Mayor Lori Lightfoot has accepted more than $53,000 in 39 campaign contributions from 14 companies affiliated with Carmen Rossi, a registered city lobbyist. Since Lightfoot was elected mayor in 2019, she has gotten a total of $68,500 from companies affiliated with him. A Lightfoot campaign spokesperson said the mayor has decided to return $44,500 in contributions she has received from companies affiliated with Rossi.

Maryland – Mayor Scott Accepts Money from Businessman He Disavowed During Pugh’s Healthy Holly Scandal
Baltimore Brew – Mark Reutter | Published: 12/7/2022

Baltimore City Council President Brandon Scott’s campaign committee reported a $5,000 donation from J.P. Grant, who was linked to the scandal surrounding former Mayor Catherine Pugh. Scott got still more money from two parties linked to the construction company that is secretly financed by Grant, Commercial Utilities LLC. The Board of Estimates recently approved a $12 million increase to the conduit contract that Commercial Utilities co-manages. Scott has said that contributions do not influence his votes on the Board of Estimates.

Mississippi – Ethics Commission Says Legislature Not Subject to Open Meetings Law
Daily Journal – Bobby Harrison (Mississippi Today) | Published: 12/2/2022

The Mississippi Ethics Commission determined the state Legislature is not bound by the open meetings law. The ruling came in a complaint filed by the Mississippi Free Press saying the House Republican caucus members, which currently consist of 75 of the 122 House members, are violating the law when they meet behind closed doors to discuss policy. A news report cited reports of various House members and detailed how the caucus meetings were usually the first place that rank-and-file House Republicans were informed of details of major policies developed by Speaker Philip Gunn and a handful of other leaders.

Missouri – ‘A Scar’ on St. Louis: 3 former aldermen get prison for bribery
St. Louis Post-Dispatch – Katie Kull | Published: 12/6/2022

Three former St. Louis aldermen, including the longtime board president, will go to prison for accepting bribes. John Collins-Muhammad and Lewis Reed each received sentences of three years and nine months, while Jeffrey Boyd was sentenced to three years. It was a conclusion to a case that involved surveillance, hundreds of hours of recorded phone calls and meetings, and thousands of text messages and emails, prosecutors said. The key player was a local businessperson facing his own federal charges who handed out bribes in exchange for tax breaks and a reduced rate on a city-owned property.

New Mexico – Ethics Agency Settles ‘Revolving Door’ Allegations
Albuquerque Journal – Dan McKay | Published: 12/7/2022

New Mexico’s ethics agency reached a $13,000 settlement to resolve a lawsuit it filed alleging violations of a revolving-door ban. The State Ethics Commission accused a former Sandoval County assessor’s office employee, Gabriel Vargas, and Double Eagle Property Tax Consultants of violating the law, which prohibits an ex-government employee from leaving an agency and then representing clients before the agency on a matter they had worked on, or from being paid to represent anyone before the agency at all for one year.

New Mexico – Ethics Board Advances Complaint Against County Commissioner
Albuquerque Journal – Jessica Dyer | Published: 12/2/2022

A Bernalillo County ethics board advanced a complaint alleging an elected official improperly accepted a $5,000 campaign contribution from a lobbyist. The county’s Code of Conduct Review Board decided the complaint against county Commissioner Charlene Pyskoty warranted an evidentiary hearing. Vanessa Alarid gave a $5,000 in-kind donation to Pyskoty’s reelection campaign in June. Alarid represents the developers behind Santolina, a planned community that has been, and will continue to go, before county commissioners to get necessary approvals.

New York – Bribery, Fraud Charges Dismissed Against Ex-NY Lt. Governor
MSN – Larry Neumeister (Associated Press) | Published: 12/5/2022

Bribery and fraud charges against former New York Lt. Gov. Brian Benjamin were tossed out by a federal judge, leaving Benjamin to face only records falsification charges. U.S. District Court Judge J. Paul Oetken said prosecutors failed to allege an explicit example in which Benjamin provided a favor for a bribe, an essential element of bribery and honest services fraud charges. Benjamin pleaded not guilty to charges he obtained a campaign donation from a real estate developer in exchange for his influence to get a $50,000 grant of state funds for a nonprofit organization the developer controlled.

New York – Trump Organization Convicted in Executive Tax Dodge Scheme
MSN – Michael Sisak (Associated Press) | Published: 12/6/2022

Donald Trump’s company was convicted of tax fraud in a case brought by the Manhattan district attorney in a repudiation of financial practices at the former president’s business. A jury found two corporate entities at the Trump Organization guilty on all 17 counts, including conspiracy charges and falsifying business records. As punishment, the Trump Organization could be fined up to $1.6 million, a relatively small amount for a company of its size, though the conviction might make some of its future deals more complicated.

New York – Twin Friends of Eric Adams Are Dogged by Allegations and Unpaid Debts
DNyuz – Michael Rothfeld, William Rashbaum, and Susan Beachy (New York Times) | Published: 12/5/2022

Over the past decade, Johnny and Robert Petrosyants have boasted of their friendship with New York City Mayor Eric Adams while courting partners for a range of business ventures. The relationship has helped them gloss over that both brothers pleaded guilty in 2014 to financial crimes related to insurance claims. By all accounts, Adams has maintained a close relationship with the brothers. For their part, the brothers have generated tens of thousands of dollars for Adams’ campaigns by holding fundraising events and enlisting friends to solicit contributions.

North Carolina – Supreme Court Seems Poised to Reject Robust Reading of ‘Independent State Legislature’ Theory
MSN – Zach Montellaro (Politico) | Published: 12/7/2022

The Supreme Court seemed splintered about whether to adopt a legal theory that would radically reshape how federal elections are conducted. The North Carolina Supreme Court tossed congressional maps drawn by the Legislature as an illegal partisan gerrymander, with court-drawn maps ultimately being used for the 2022 election. Republican legislators asked the U.S. Supreme Court to toss out those court-drawn maps, advancing a once-fringe legal idea called the “independent state Legislature” theory, which argues that an interpretation of a clause in the U.S. Constitution leaves little, or no, room for state court review of election laws.

Ohio – City Council Bans Cleveland from Doing Business with Companies That Practice Wage Theft
MSN – Courtney Astolfi (Cleveland Plain Dealer) | Published: 12/6/2022

The Cleveland City Council approved an ordinance banning the city from doing business with companies found to practice wage theft and those that commit payroll fraud. The new law bars Cleveland from granting financial assistance to such companies or entering into contracts with them for city services or construction. Wage theft is defined as any violation of state or federal law regarding the prompt payment of wages, payment of minimum wage, or prevailing wage rates. Payroll fraud is defined as the concealment of a business’s true tax liability by not reporting or underreporting applicable wages or by paying employees under-the-table.

Oklahoma – With Weak Laws and Little Enforcement, Oklahoma Sees Record-Breaking Dark Money Spending
The Frontier – Clifton Adcock | Published: 12/6/2022

Spending from outside groups soared to more than $33.6 million in Oklahoma’s election cycle this year, the highest recorded level in the state’s history. In the face of increasing outside political spending from secretive groups, some states have moved to require greater disclosure in state and local elections in recent years. But thanks to a lack of funding from the Legislature, Oklahoma has weak enforcement and some lawmakers have even attempted to head off disclosure requirements for “dark money” groups.

Oregon – Long-Serving Director of Oregon Government Ethics Commission Retires
Willamette Week – Nigel Jaquiss | Published: 12/3/2022

One of the state’s longest-serving agency directors officially retired on November 30. Ron Bersin, who has led the Oregon Government Ethics Commission since 2006, told the commission it was time to find his successor. Bersin ensured that local officials complied with ethics laws and public officials and lobbyists filed disclosure statements in a timely manner to provide a way for the public to track their financial interests and activity. He will stay on as interim director through the legislative session but has asked the commission to find a new director by the end of next year.

Oregon – Portland City Officials Avoid Competitive Process for Gunshot Detection Pilot
OPB – Jonathan Levinson | Published: 12/5/2022

Public records show a yearlong courtship between the Portland police and ShotSpotter, a company providing gunshot detection technology, and almost no consideration of a competitor. Text messages between a Portland Police Bureau officer and a ShotSpotter representative suggest a cozy relationship helped pave the way for the city’s decision to pilot the technology. If the city moves forward and puts ShotSpotter in the five Portland neighborhoods with the most gun violence the contract could be worth over $1 million per year.

South Carolina – Judge to Decide Whether to Dismiss Charges Against Quinn, Alleged Kingpin of Corruption Scandal
MSN – John Monk (The State) | Published: 12/2/2022

After a hearing, the issue of whether to dismiss state grand jury perjury and obstruction of justice charges against political consultant Richard Quinn Sr. is now in the hands of Judge Carmen Mullen. The judge said she would weigh complex legal issues, including the relevance of 2021 South Carolina Supreme Court opinion on corruption charges against a former state representative, whether Quinn was afforded due process, and whether prosecutors were right to have Quinn testify in front of a state grand jury where he made statements that resulted in his indictment.

Virginia – Restaurant Refuses Service to Christian Group, Citing Staff ‘Dignity’
MSN – Emily Heil (Washington Post) | Published: 12/6/2022

A restaurant in Richmond, Virginia, refused to host a private event for a conservative Christian organization over the group’s position on same-sex marriage and abortion rights. The restaurant, Metzger Bar and Butchery, called itself an “inclusive” establishment that has rarely refused service to willing patrons, but said it denied service to the group to protect its staff, many of whom are women or members of the LGBTQ+ community. Family Foundation President Victoria Cobb likened the restaurant’s move to establishments that refused to serve Black customers in the 1950s and 1960s.

Washington – SEIU Secretly Lobbied the Washington State Redistricting Commission, Court Filings Allege
The Olympian – Shauna Sowersby (McClatchy) | Published: 12/7/2022

A lobbyist for the Service Employees International Union (SEIU) failed to report lobbying activities related to the Washington State Redistricting Commission in 2021, court records allege. Arthur West, an open government advocate, is suing the commission and the state for withholding and deleting public records. West told said the Legislature recently disclosed more communications the commission intentionally withheld from him in previous public records requests, and they included the unreported lobbying activity by SEIU lobbyist Lindsey Grad.

Washington – WA Appeals Court Largely Upholds Eyman Campaign Finance Violations
Seattle Times – David Gutman | Published: 12/6/2022

A Washington appeals court upheld the majority of campaign finance violations that longtime anti-tax activist Tim Eyman was found liable for last year, keeping in place the multimillion-dollar verdict against him and most of the restrictions barring Eyman from controlling the finances of political committees. It threw out one of the violations against Eyman, a small portion of the restrictions imposed on him, and asked the trial judge to reconsider the size of the fine levied against him. Eyman was fined more than $2.6 million for his campaign finance violations and ordered to pay attorneys’ fees to the state of more than $2.9 million.

Washington DC – Giuliani Puts 2020 Election Back on Trial in DC Ethics Case
MSN – Zoe Tillman (Bloomberg) | Published: 12/5/2022

Rudy Giuliani “weaponized his law license” to try to undermine the U.S. Constitution when he led a failed effort for Donald Trump to invalidate potentially millions of Pennsylvania votes after the 2020 election, District of Columbia Bar officials argued at a hearing. Giuliani’s Washington law license is on the line as he faces allegations that he violated attorney practice rules by filing a “frivolous” post-election lawsuit in federal court that featured baseless claims of widespread fraud. Giuliani’s defense against the ethics complaint involves digging in two years later on his belief there was evidence that the election was tainted by voting irregularities and fraud.

December 8, 2022 • Written by Marilyn Wesel

South Dakota 2023 Annual Gift Limit Published

South Dakota Secretary of State Steve Barnett published the 2023 annual limit for lobbyist gifts to public officials. The annual cumulative value is adjusted each year based on the change in the consumer price index for urban wage earners and […]

December 8, 2022 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance Oklahoma: “With Weak Laws and Little Enforcement, Oklahoma Sees Record-Breaking Dark Money Spending” by Clifton Adcock for The Frontier Washington: “WA Appeals Court Largely Upholds Eyman Campaign Finance Violations” by David Gutman for Seattle Times Elections North Carolina: […]

December 7, 2022 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Trump’s Committee Paying for Lawyers of Key Mar-a-Lago Witnesses” by Devlin Barrett, Josh Dawsey, and Isaac Stanley-Becker (Washington Post) for MSN Elections National: “Justice Dept. Subpoenas Ariz., Mich., Wis. Officials for Trump Communications” by Amy Gardner, Isaac […]

December 5, 2022 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance National: “Federal Election Commission Passes New Digital Ad Disclosure Rule” by Taylor Giorno for OpenSecrets Illinois: “Despite Ban on Lobbyists’ Campaign Money, Lightfoot Took $53K from Lobbyist’s Companies” by Tim Novak and Frank Main for Chicago Sun-Times New […]

December 2, 2022 • Written by Jim Sedor

News You Can Use Digest – December 2, 2022

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 […]

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.

November 30, 2022 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Cyberthieves Stole $186,000 from a Republican Member of Congress as Fraud Epidemic Plagues Political Committees” by Dave Levinthal (Business Insider) for Yahoo News Elections Georgia: “Herschel Walker Only Recently Stopped Renting Out Georgia Home He Claims as […]

November 29, 2022 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance National: “Candidates Recoup $5M in Old Campaign Loans So Far Thanks to Ted Cruz’s $555K Court Win” by Todd Gillman (Dallas Morning News) for MSN Georgia: “Hall County Solicitor Accused of Ignoring Campaign Finance Laws” by Randy Travis […]

November 28, 2022 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance Massachusetts: “Everett Contractor Fined for Excessive Donations to Mayor Carlo DeMaria” by Stephanie Ebbert (Boston Globe) for MSN Oregon: “Portland Auditor Withdraws $5,520 Fine Against Rene Gonzalez’s City Council Campaign” by Catalina Gaitán (Portland Oregonian) for MSN Tennessee: […]

November 23, 2022 • Written by Jim Sedor

News You Can Use Digest – November 23, 2022

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. […]

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.

Monday’s LobbyComply News Roundup

News You Can Use Digest – December 16, 2022

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News You Can Use Digest – December 9, 2022

South Dakota 2023 Annual Gift Limit Published

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News You Can Use Digest – December 2, 2022

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News You Can Use Digest – November 23, 2022

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