November 22, 2022 •
Tuesday’s LobbyComply News Roundup
Campaign Finance Alaska: “APOC OKs Subpoenas for Republican Governors Association Execs in Dunleavy Coordination Case” by Matt Acuña Buxton for Midnight Sun California: “California Raises Campaign Contribution and Gift Limits for 2023-2024” by Kimberly Railey (Covington & Burling LLP) for […]
Campaign Finance
Alaska: “APOC OKs Subpoenas for Republican Governors Association Execs in Dunleavy Coordination Case” by Matt Acuña Buxton for Midnight Sun
California: “California Raises Campaign Contribution and Gift Limits for 2023-2024” by Kimberly Railey (Covington & Burling LLP) for Lexology
Connecticut: “After Record Spending in CT Governor Race, Questions Arise Over Future Spending by Wealthy Candidates” by Ken Dixon for CT Insider
Illinois: “With New Campaign Fund, Mayor Lori Lightfoot’s Allies Are Raising Cash Outside City Ethics Rules Limits” by Gregory Pratt (Chicago Tribune) for MSN
Elections
Georgia: “Judge Says Georgia Law Allows Saturday Voting for Runoff” by Kate Brumback and Jeff Amy (Associated Press) for MSN
Ethics
National: “Trump Family’s Newest Partners: Middle Eastern governments” by Eric Lipton and Maggie Haberman (New York Times) for Yahoo News
National: “Senior Democratic Lawmakers Demand Answers on Alleged Supreme Court Leak” by Josh Gerstein (Politico) for MSN
Indiana: “Doctor Says She Shouldn’t Have to Turn Over Patients’ Abortion Records” by Kim Bellware (Washington Post) for MSN
Lobbying
National: “Cigars, Booze, Money: How a lobbying blitz made sports betting ubiquitous” by Eric Lipton and Kenneth Vogel (New York Times) for Yahoo News
Idaho: “September Special Session Leads to $24,000 in Fines Against 91 Idaho Lobbyists for Late Filings” by Kelcie Moseley-Morris for Idaho Capital Sun
November 21, 2022 •
California Gift Limits and Contribution Limits Raised
The California Fair Political Practices Commission (FPPC) held its November meeting, approving many changes for 2023. The FPPC raised the annual gift limit to $590 and clarified the phrase “arrange for the making of a gift.” The FPPC also expanded […]
The California Fair Political Practices Commission (FPPC) held its November meeting, approving many changes for 2023.
The FPPC raised the annual gift limit to $590 and clarified the phrase “arrange for the making of a gift.”
The FPPC also expanded and further explained how a lobbyist or lobbying firm “places an official under personal obligation.”
The contribution limits have been adjusted to match increases in the cost of living, raising the limit for Senate or Assembly to $10,900 and $36,400 for governor.
The new limits take effect January 1, 2023.
November 18, 2022 •
News You Can Use Digest – November 18, 2022
National/Federal Conservative Group Pressing States to Adopt Laws Protecting Companies from ‘Political Boycotts’: Report Yahoo News – Jared Gans (The Hill) | Published: 11/11/2022 A conservative group is planning to push state lawmakers across the country to adopt legislation to shield […]
National/Federal
Conservative Group Pressing States to Adopt Laws Protecting Companies from ‘Political Boycotts’: Report
Yahoo News – Jared Gans (The Hill) | Published: 11/11/2022
A conservative group is planning to push state lawmakers across the country to adopt legislation to shield American companies from “political boycotts.” It was reported that the American Legislative Exchange Council will lobby legislators to back its proposal at its States and Nation Policy Summit. The plan would require all government entities to include a clause in their contracts with businesses that they will promise to not “engage in economic boycotts.” The move comes amid strong Republican pushback to financial institutions seeking to distance themselves from industries such as fossil fuels.
Departing Lawmakers Are Lining Up Cushy Lobbying Gigs
MSN – Hailey Fuchs (Politico) | Published: 11/17/2022
Departing lawmakers are cashing in on their public service in Washington, D.C. by securing high-paying jobs on K Street. Former lawmakers are prohibited from directly lobbying their onetime colleagues during a waiting period that lasts one year for House members and two years for senators. But they may begin advising clients – except for foreign entities intending to influence the government – immediately. In that capacity, they can offer guidance on the inner workings of their congressional conference and access to their list of contacts.
DHS Blocked Vital Research on Domestic Threats, Say Terrorism Experts
MSN – Hannah Allam (Washington Post) | Published: 11/15/2022
As attacks rose in 2019, Department of Homeland Security (DHS) officials pledged to step up their response to domestic terrorism, funding in-depth research that would help them understand the scale of the problem. But that data collection has not begun, and $10 million languishes unused. About 20 research projects faced delays because of rulings by the department’s Privacy Office that deemed them high-risk even after researchers explained the information they intended to use was available to the public. A DHS official said federal agencies are facing criticism by both major parties for their response to political violence.
Documents Show Big Foreign Government Spending at Trump Hotel
MSN – Bernard Condon (Associated Press) | Published: 11/15/2022
The Trump hotel in Washington, D.C. took in more than $750,000 from six foreign governments at sensitive moments in their U.S. relations, with guests spending as much as $10,000 per room a night, according to documents released by a congressional committee. The Trump hotel near the White House, now a Waldorf Astoria, drew criticism from the start of Trump’s presidency for taking money from Republican politicians, companies, and foreign governments eager to curry favor with him.
FEC Targets Digital Ad Disclosure
Axios – Lachlan Markey | Published: 11/10/2022
The FEC is taking a significant step towards regulating digital political ads, taking up a measure to force disclosure of paid advertising on leading social and streaming platforms. The proposed regulation would require digital ads to disclose the entity paying for them. It would also expand the types of digital ads subject to the regulations, not just traditional banner ads or videos, but also paid social media endorsements and “influencer marketing” efforts.
Feds End Ukraine-Related Foreign Lobbying Investigation into Rudy Giuliani Without Filing Charges
MSN – Kara Scannell (CNN) | Published: 11/14/2022
Federal prosecutors investigating Rudy Giuliani’s activities in Ukraine closed their probe and said no criminal charges will be brought. Prosecutors have been investigating Giuliani, the onetime personal attorney to former President Trump, for possible violations of foreign lobbying laws since early 2019. Prosecutors had examined whether Giuliani operated on behalf of Ukrainian officials when he sought the ouster of the then-U.S. ambassador to Ukraine, Marie Yovanovitch, while urging Ukraine to investigate Joe Biden and his son, Hunter.
Judge Fines Trump Lawyers in Clinton Case Thrown Out in September
MSN – Azi Paybarah (Washington Post) | Published: 11/11/2022
A federal judge fined lawyers for former President Trump more than $66,000 and admonished them for filing frivolous and baseless claims in Trump’s defamation case against Hillary Clinton and her allies stemming from the 2016 presidential election. The fines include a $50,000 sanction to the court and an additional $16,274.23 payment to one of the 29 defendants in the case for expenses incurred as a result of the suit, which the judge dismissed in September.
McConnell Reelected Senate GOP Leader: ‘Not going anywhere’
Yahoo News – Lisa Mascaro, Brian Slodysko, and Mary Clare Jalonick (Associated Press) | Published: 11/16/2022
Sen. Mitch McConnell was reelected as Republican leader, quashing a challenge from Sen. Rick Scott after a disappointing performance in the midterm elections that kept Democrats in control. The unrest in the Senate GOP is similar to the uproar among House Republicans in the aftermath of the midterm elections that left the party split over Donald Trump’s hold on the party. The challenge by Scott, who was urged by Trump to confront McConnell, escalated a feud between Scott, who led the Senate Republican’s campaign arm this year, and McConnell over the party’s approach to try to reclaim the majority.
Questions About Donald Trump’s Campaign Money, Answered
MSN – Fredreka Schouten (CNN) | Published: 11/15/2022
With his formal announcement of a third presidential bid, Donald Trump now will face new limits on raising and spending money ahead of the 2024 election. But election lawyers and campaign finance experts said loopholes in federal election rules, and lax enforcement by federal regulators of existing laws, still offer Trump several potential routes to capitalize on the massive fundraising operation he and his aides have built since his 2020 loss.
Republicans Narrowly Win House, Ending Full Democratic Control of Congress
MSN – Hannah Knowles, Marianna Sotomayor, and Colby Itkowitz (Washington Post) | Published: 11/16/2022
Republicans were projected to win back control of the U.S. House with a narrow majority, dealing a blow to President Biden and his agenda even as Democrats defied predictions of a rout to limit the GOP’s power. Republicans sought to harness dismay at inflation, crime, and the direction of the country. Their gains fell far short of the red wave they once envisioned, as Democrats countered with campaigns centered on abortion rights and fighting Republican extremism. The GOP gains the ability to launch investigations and block legislation.
They Rallied in D.C. on Jan. 6. Now They’ll Join Congress.
MSN – Michael Kranish (Washington Post) | Published: 11/14/2022
While the Republican Party suffered surprising losses in the midterms, including defeats of many who bought into Donald Trump’s false election claims, the arrival of freshman lawmakers in Congress who had come to Washington as pro-Trump activists on January 6, 2021, underscores the extent to which the House Republican caucus remains a haven for election deniers. At least 150 election deniers were projected to win House races, compared with the 139 who voted against certifying President Biden’s election.
Trump Wanted IRS Investigations of Foes, Top Aide Says
Yahoo News – Michael Schmidt (New York Times) | Published: 11/14/2022
While in office, former President Trump repeatedly told John Kelly, his White House chief of staff, that he wanted a number of his perceived political enemies to be investigated by the IRS, Kelly said. Kelly said Trump’s demands were part of a broader pattern of him trying to use the Justice Department and his authority as president against people who had been critical of him. Kelly said he made clear to Trump there were serious legal and ethical issues with what he wanted.
Trump, Who as President Fomented an Insurrection, Says He Is Running Again
MSN – Isaac Arnsdorf (Washington Post) | Published: 11/15/2022
Donald Trump, who refused to concede defeat and inspired a failed attempt to overturn the 2020 election culminating in a deadly attack on the U.S. Capitol, officially declared he is running to retake the White House in 2024. The announcement came in a moment of political vulnerability for Trump as voters rejected his endorsed candidates in the midterm elections. Since then, elected Republicans have blamed Trump for the party’s performance and potential rivals are already plotting to challenge him for the nomination.
Two Anonymous $425 Million Donations Give Dark Money Conservative Group a Massive Haul
MSN – Hailey Fuchs (Politico) | Published: 11/16/2022
One of the biggest conservative “dark money” organizations in the nation was boosted last year by two separate anonymous gifts, each totaling more than $425 million dollars. The money was sent to DonorsTrust, a 501(c)(3) charity that has become one of the most influential conduit of funds in Republican-leaning circles. They are among the largest ever donations to a politically connected group. Under law, the individual or individuals behind those $425 million donations were not required to be disclosed to the public. DonorsTrust did not reveal them.
U.S. Intelligence Report Says Key Gulf Ally Meddled in American Politics
MSN – John Howard (Washington Post) | Published: 11/12/2022
A classified report outlines legal and illegal efforts by United Arab Emirates (UAE) to steer U.S. foreign policy in ways favorable to the country. It reveals the UAE’s bid, spanning multiple administrations, to exploit the vulnerabilities in American governance, including its reliance on campaign contributions, susceptibility to powerful lobbying firms, and lax enforcement of disclosure laws intended to guard against interference by foreign governments. The intelligence community’s scrutiny of the UAE indicates a heightened level of concern and a departure from the laudatory way the country is discussed in public by U.S. officials.
From the States and Municipalities
Arizona – Katie Hobbs Elected Arizona Governor, Defeating Trump-Backed Election Denier Kari Lake
MSN – Stacey Barchenger (Arizona Republic) | Published: 11/14/2022
Arizona Secretary of State Katie Hobbs, built a national profile by standing up to false claims about the 2020 presidential election, won the state’s gubernatorial election. With her win, Arizonans followed voters in other battleground states who rejected gubernatorial candidates who pushed false claims about election results. Hobbs will be the fifth female to hold the top elected office in Arizona, more than in any other state.
Arizona – Supreme Court Turns Down Arizona GOP Head’s Request to Shield Records
MSN – Robert Barnes (Washington Post) | Published: 11/14/2022
The U.S. Supreme Court turned down a request from Arizona Republican Party Chairperson Keli Ward to shield her phone records from the congressional committee investigating the assault on the Capitol. A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit had said it was proper for the committee to issue a subpoena seeking information about calls placed from Ward’s cellphone between November 2020 and January 202. Ward argued that would violate her First Amendment right to freedom of association.
California – Anaheim and Its Ex-Mayor Won’t Disclose His Emails and Texts, So We Took Them to Court
MSN – Gabriel San Román (Los Angeles Times) | Published: 11/16/2022
The Los Angeles Times asked a judge to compel the city of Anaheim and former Mayor Harry Sidhu to disclose records related to an FBI corruption investigation into a self-described “cabal” that allegedly ran the city. The Times is also seeking records of other city business, including any messages related to negotiations surrounding the aborted Angel Stadium sale, which collapsed after the probe became public. Sidhu, who resigned while under criminal investigation, has refused to turn over emails and text messages from personal accounts he used to conduct city business.
California – Capt. Hollywood: Who is the ex-LAPD commander who tipped off CBS to assault claim?
MSN – Richard Winton and Meg James (Los Angeles Times) | Published: 11/13/2022
Known around the Los Angeles Police Department as “Capt. Hollywood,” Cory Palka played the part. He was a regular at Hollywood Boulevard star dedication ceremonies and picked up a lucrative off-duty assignment as a bodyguard for CBS’ former chief, Leslie Moonves. His actions now are under scrutiny after it was revealed that five years ago, Palka tipped off CBS executives to the existence of a confidential complaint alleging Moonves sexually assaulted a co-worker. Palka, then captain of the Hollywood station, worked closely with CBS to contain the allegations.
California – Jury Finds L.A. Skyscraper Developer Paid Jose Huizar More Than $1 Million in Bribes
MSN – Michael Finnegan (Los Angeles Times) | Published: 11/10/2022
The development company Shen Zhen New World I was convicted of paying former Los Angeles City Council member Jose Huizar more than $1 million in bribes to win his support for a proposed skyscraper in the city. It was the second conviction of a developer accused of paying off Huizar, who left office in 2020. A federal jury found developer Dae Yong Lee guilty of paying Huizar $500,000 in cash. Huizar is scheduled to go on trial in February. From 2013 to 2018, prosecutors say, he used his city office as an extortion racket to secure more than $1.5 million in illicit payments from developers seeking city approval of projects.
California – Karen Bass Elected Mayor, Becoming First Woman to Lead L.A.
MSN – Julia Wick (Los Angeles Times) | Published: 11/16/2022
U.S. Rep. Karen Bass defeated Rick Caruso in the Los Angeles mayor’s race, making her the first woman and second Black Angeleno elected to lead the city. Confidence in local government is seemingly at a nadir after a series of City Hall indictments in recent years, and the release of a leaked audio recording less than a month before the election that revealed top officials making racist comments and scheming to maintain political power. The city’s first competitive mayoral race in nearly a decade was a story of contrasts, with two candidates who symbolized divergent visions of the city.
Georgia – Democrats Sue to Allow Saturday Voting in Georgia Runoff Amid Holiday Dispute
MSN – Mattherw Brown (Washington Post) | Published: 11/16/2022
Democrats are suing to force Georgia election officials to allow early voting on a Saturday ahead of the U.S. Senate runoff election on December 6. The suit comes in response to a determination by state officials that the law forbids voting right after Thanksgiving and a state holiday that once honored Robert E. Lee. The lawsuit argues that current guidance “applies only to primary and general elections, not runoffs.” The early voting period is set for November 28 through December 2, a stretch that does not include a weekend day, which voting rights advocates say makes it more difficult for some people to cast ballots.
Hawaii – County Ethics Watchdogs Need More Money to Do the Job Right, State Panel Says
Honolulu Civil Beat – Blaze Lovell | Published: 11/11/2022
A commission wants Hawaii’s county ethics watchdogs to have more funding to monitor, and if need be, investigate public officials after a string of public corruption cases put a spotlight on government ethics and transparency. Unlike the Honolulu Ethics Commission, with 11 full-time staff and a total budget over $650,000, the ethics boards for Kauai, Maui, and Hawaii island operate with either no funds or very little to cover travel or food expenses. Staff members are usually limited to a secretary and attorney in the county’s corporation counsel office, both of whom may have other responsibilities outside of helping the all-volunteer ethics board.
Hawaii – Hawaii Lawmakers Honored Federal Lobbyist Despite Her Conviction in a Foreign Lobbying Scandal
Honolulu Civil Beat – Nick Grube | Published: 11/14/2022
The Hawaii Senate approved an honorary certificate for businessperson Nickie Lum Davis, lauding her for her “public service and outstanding contributions to her community.” What the certificate did not mention was that Davis pleaded guilty in 2020 to federal charges and was awaiting sentencing in a criminal case. The U.S. Justice Department accused her and others of secretly lobbying the Trump administration on behalf of Chinese and Malaysian interests. Davis has submitted the certificate to a judge to bolster her character and avoid prison.
Illinois – Indicted Ald. Carrie Austin ‘Not Medically Fit’ for Trial, Her Lawyers Say Days After She Voted on City Budget
Chicago Sun-Times – Jon Seidel | Published: 11/11/2022
Lawyers for indicted Chicago Ald. Carrie Austin told a judge she is “not medically fit to stand trial” and they will seek to have her prosecution put on hold. Austin is accused of taking home improvement materials as kickbacks from a developer overseeing a $50 million development in her ward. The lawyers said Austin “cannot cooperate fully with counsel or withstand the stress of a trial.” Austin has been attending city council meetings and voting on legislation. Austin was receiving supplemental oxygen while in the council chambers recently.
Illinois – Where is Ald. Walter Burnett Jr.’s Missing $300,000 in Campaign Money?
Chicago Sun-Times – Tim Novak and Lauren FitzPatrick | Published: 11/11/2022
Since 1999, Chicago Ald. Walter Burnett Jr. reported investing $375,000 of the $4.2 million in campaign contributions he received from political supporters, but $300,000 of the invested money has disappeared from his campaign finance reports. Burnett has declined to answer reporters’ questions about his campaign reports, which he has frequently amended, some of them as many as five times. the State Board of Elections says it has known for several months that Burnett’s campaign fund stopped reporting what it has done with the invested contributions, which it is required to do under state law.
Kansas – Ex-Kansas Democratic Party Officers Disciplined for ‘Unprecedented’ Campaign Finance Errors
MSN – Andrew Bahl (Topeka Capital Journal) | Published: 11/16/2022
The Kansas Governmental Ethics Commission disciplined two former state Democratic Party officers over errors in the group’s campaign finance reports that occurred over a seven-year period. Ethics officials termed the scope of the mistakes, which total over $1.5 million in expenditures and contributions that were misreported, to be “unprecedented.” Between 2009 and 2016, the party had underreported over $500,000 in contributions, as well as $507,000 in unreported expenditures, plus additional assets that were overreported.
Kansas – Legislative Veto of Regulations Amendment Fails in Closest Vote of Kansas 2022 Election
MSN – Jason Tidd (Topeka Capital-Journal) | Published: 11/16/2022
Kansas voters appear to have narrowly rejected a proposed constitutional amendment that would have created a so-called legislative veto over administrative rules and regulations. Supporters of the amendment viewed it as a way to ensure the legislative branch, which generally delegates regulatory authority, had sufficient checks and balances over the executive branch, which typically promulgates and enforces regulations. Opponents feared the extent to which legislators, who are not typically experts on regulations, could be influenced by lobbyists or political motivations.
Kentucky – Lobbyists Who Engage Louisville Officials Must Register with City Under New Ordinance
Yahoo – Billy Kobin (Louisville Courier-Journal) | Published: 11/11/2022
A new ordinance in Louisville requires lobbyists and principles to register if they engage with public officials and file expenditure reports. It sets a $500 limit on gifts from lobbyists to candidates and officials and their families. Lobbyists may pay the cost for an official to attend certain events as long as it does not exceed $300. When he introduced the proposal, Metro Councilperson Bill Hollander said it would fix “a gaping shortfall of our ethics ordinance.”
Louisiana – NOPD Investigating Officer Frequently Inside Cantrell’s City-Owned Apartment
MSN – Lee Zurik and Dannah Kirby (WVUE) | Published: 11/9/2022
Surveillance video has led to more questions about how New Orleans Mayor LaToya Cantrell is spending her time and taxpayer dollars. While investigating whether Cantrell was living at a city-owned apartment complex, the video showed she spent many hours inside the apartment, often during the workday, and sometimes stayed overnight. The head of the Metropolitan Crime Commission, Rafael Goyeneche, said that could be a violation of a policy that states city property is for work-related purposes and not personal benefit. The videos also show Cantrell is also spending hours there with one member of her security team.
Maryland – Carroll County Commissioners Approve Updated Ethics Rules on Financial Disclosures and Gifts
MSN – Sherry Greenfield (Baltimore Sun) | Published: 11/11/2022
The Board of Carroll County Commissioners approved new provisions in the county’s ethics ordinance to reflect changes in state law regarding gifts and financial disclosures. Commissioners have been discussing since September state law measures enacted by the General Assembly in 2021 that changed ethics law requirements for local governments.
Nevada – Democrats Keep Control of the Senate with Win in Nevada
MSN – Hannah Knowles and Liz Goodwin (Washington Post) | Published: 11/13/2022
Democrats retained control of the U.S. Senate, clinching a narrow majority as they showed strength in battleground races in a daunting midterm year that handed President Biden a major victory as he looks to his next two years in office. The final blow to Republican hopes of retaking the chamber came in Nevada, where Sen. Catherine Cortez Masto won reelection, ensuring Democrats a 50th seat, with a runoff election still to come in Georgia that could pad their slim majority.
New Mexico – NM Supreme Court Throws Out Couy Griffin’s Appeal
Source New Mexixo – Austin Fisher | Published: 11/15/2022
Former Otero County Commissioner Couy Griffin failed to explain to the New Mexico Supreme Court how he would challenge his removal from elected office, so the justices threw out his appeal. A lower court ruling also barred him for life from serving in elected federal and state positions. It was the first time an elected official was unseated by court order as a result of participating in or supporting the January 6 attack on the U.S. Capitol.
New York – Free Speech of Ex-State Workers Under Scrutiny in APA Case
Albany Times Union – Gwendolyn Craig (Adirondack Explorer) | Published: 11/11/2022
A retired Adirondack Park Agency staff member’s stymied attempt at submitting input this summer during the agency’s open public comment period could lead New York’s Commission on Ethics and Lobbying in Government to consider the matter and what it could mean for past and present state employees’ participation in solicited feedback. APA Associate Counsel Sarah Reynolds wrote Linck that his written comments “appear to contain confidential information” and may violate post-employment restrictions. Reynolds said the agency would not consider them and referred Linck to the state ethics commission.
New York – Groups Urge State Ethics Watchdog to Probe $5M Cuomo Book Approval, Failed Policies
Spectrum News – Kate Lisa | Published: 11/14/2022
Good-government groups want New York’s new ethics commission to learn from the mistakes of its predecessor, the Joint Commission on Public Ethics (JCOPE), which was disbanded this year. The coalition sent a letter to the Commission on Ethics and Lobbying in Government, pushing it to revisit the decisions that led to the approval of former Gov. Andrew Cuomo’s $5 million book deal and JCOPE’s policies. In September, the new commission voted to follow precedent from JCOPE when making decisions, pushing watchdogs to file a complaint. In October, the commission voted to continue any pending cases JCOPE did not finish.
New York – New York City Football Club Stadium Deal Provides Affordable Housing – and a Win for Lobbyist with Ties to Adams
MSN – Chris Sommerfeldt and Michael Gartland (New York Daily News) | Published: 11/16/2022
A $780 million soccer stadium deal in Queens approved by New York City Mayor Eric Adams was a win for one of his top political advisers, who lobbied City Hall for months on behalf of the project’s developer. Nathan Smith, a political strategist who served as a top aide in Adams’ 2021 mayoral campaign, signed a lobbying contract with City Football Group to lobby the mayor’s team to develop a facility for the New York City Football Club. So far, Smith’s firm, Red Horse Strategies, has been paid $20,000 by the club’s owner.
Ohio – Jury Convicts Dover Mayor Richard Homrighausen of Six Theft-Related Charges
Yahoo News – Nancy Molnar (The Times-Reporter) | Published: 11/16/2022
Dover Mayor Richard Homrighausen was convicted on theft in office and five other criminal charges. The jury found him guilty of four counts of soliciting improper compensation for taking fees for performing wedding ceremonies. He was also convicted of dereliction of duty for failing to deposit the payments in the city treasury. The theft in office conviction bars Homrighausen from holding public office for life. Authorities said Homrighausen did not claim the fees on his federal, state, or local taxes or declare the payments on financial disclosure forms.
South Dakota – Ethics Board Subpoenas DCI for Investigation Report into If Gov. Kristi Noem Misused the State Airplane
Yahoo News – Annie Todd (Sioux Falls Argus Leader) | Published: 11/14/2022
The Government Accountability Board issued a subpoena for the Division of Criminal Investigation relating to its investigation into South Dakota Gov. Kristi Noem’s alleged personal use of the state airplane. The move comes after the Hughes County state’s attorney found there were “no facts to support a criminal prosecution under current law” and returned the complaint to the board.
Tennessee – Campaign Finance Watchdog Files Complaint Against Harwell
Tennessee Lookout – Sam Stockard | Published: 11/15/2022
The Campaign Legal Center filed a complaint against former Tennessee House Speaker Beth Harwell claiming she violated the law by moving $47,000 in “soft money” into her failed congressional campaign this year. The complaint say Harwell appears to have broken federal rules by directing $35,000 from the Beth Harwell Committee and $12,000 from the Harwell PAC, both state accounts, into a super PAC that purchased advertising supporting her Fifth Congressional District campaign in advance of the August primary.
Texas – Texas Investigating Voting Difficulties in Houston’s Harris County
MSN – Molly Hennessey-Fiske (Washington Post) | Published: 11/16/2022
Texas Gov. Greg Abbott called for a criminal investigation into “widespread problems” and “allegations of improprieties” in Harris County’s election. He noted voting in the nation’s third-largest county was plagued by understaffing, broken voting machines, and paper ballot shortages, even though turnout was lower than county officials expected. Abbott and other Republicans have claimed the problem was especially acute in conservative areas, although complaints came from Democratic areas as well.
Washington DC – D.C. Housing Authority Internal Auditor Alleges Illegal Contracting
MSN – Steve Thompson (Washington Post) | Published: 11/13/2022
The District of Columbia Housing Authority (DCHA) illegally contracted with a software company, spending about $1 million without competitive bidding and splitting the amount into smaller purchases to escape scrutiny from the agency’s board, according to a report by the authority’s internal auditor. The review alleges that DCHA under its previous director, Tyrone Garrett, entered the first of the “illegal contracts” in 2019. But in a more immediate concern for the agency’s board, the review also accuses DCHA’s current executive staff of improperly trying “to use emergency contracts to cover up the error of obtaining an illegal contract.”
November 16, 2022 •
Louisville Passes Ordinance to Regulate Lobbying
A new city ordinance passed by Louisville, Kentucky Metro Council creates registration and disclosure requirements for lobbying. Beginning in May 2023, Ordinance 058-22 will require lobbyists and employers engaging a city official to influence executive agency decisions or legislation to […]
A new city ordinance passed by Louisville, Kentucky Metro Council creates registration and disclosure requirements for lobbying.
Beginning in May 2023, Ordinance 058-22 will require lobbyists and employers engaging a city official to influence executive agency decisions or legislation to register with the Ethics Commission within seven days of the communication.
In addition to registration, each lobbyist and employer will be required to disclose expenditures on lobbying.
The final version of the ordinance is expected to be published soon.
November 16, 2022 •
Wednesday’s LobbyComply News Roundup
Campaign Finance Tennessee: “Campaign Finance Watchdog Files Complaint Against Harwell” by Sam Stockard for Tennessee Lookout Elections National: “Trump, Who as President Fomented an Insurrection, Says He Is Running Again” by Isaac Arnsdorf (Washington Post) for MSN National: “They Rallied […]
Campaign Finance
Tennessee: “Campaign Finance Watchdog Files Complaint Against Harwell” by Sam Stockard for Tennessee Lookout
Elections
National: “Trump, Who as President Fomented an Insurrection, Says He Is Running Again” by Isaac Arnsdorf (Washington Post) for MSN
National: “They Rallied in D.C. on Jan. 6. Now They’ll Join Congress.” by Michael Kranish (Washington Post) for MSN
Arizona: “Katie Hobbs Elected Arizona Governor, Defeating Trump-Backed Election Denier Kari Lake” by Stacey Barchenger (Arizona Republic) for MSN
Ethics
New York: “Groups Urge State Ethics Watchdog to Probe $5M Cuomo Book Approval, Failed Policies” by Kate Lisa for Spectrum News
South Dakota: “Ethics Board Subpoenas DCI for Investigation Report into If Gov. Kristi Noem Misused the State Airplane” by Annie Todd (Sioux Falls Argus Leader) for Yahoo News
Lobbying
National: “Feds End Ukraine-Related Foreign Lobbying Investigation into Rudy Giuliani Without Filing Charges” by Kara Scannell (CNN) for MSN
Procurement
Washington DC: “D.C. Housing Authority Internal Auditor Alleges Illegal Contracting” by Steve Thompson (Washington Post) for MSN
November 15, 2022 •
Tuesday’s LobbyComply News Roundup
Campaign Finance National: “FEC Targets Digital Ad Disclosure” by Lachlan Markey for Axios Elections Arizona: “Supreme Court Turns Down Arizona GOP Head’s Request to Shield Records” by Robert Barnes (Washington Post) for MSN Georgia: “Top Democratic Lawyer Threatens to Sue […]
Campaign Finance
National: “FEC Targets Digital Ad Disclosure” by Lachlan Markey for Axios
Elections
Arizona: “Supreme Court Turns Down Arizona GOP Head’s Request to Shield Records” by Robert Barnes (Washington Post) for MSN
Georgia: “Top Democratic Lawyer Threatens to Sue Over Early Voting in Georgia’s Senate Runoff” by Rachel Schilke (Washington Examiner) for MSN
Ethics
National: “Trump Wanted IRS Investigations of Foes, Top Aide Says” by Michael Schmidt (New York Times) for Yahoo News
California: “Jury Finds L.A. Skyscraper Developer Paid Jose Huizar More Than $1 Million in Bribes” by Michael Finnegan (Los Angeles Times) for MSN
New York: “Free Speech of Ex-State Workers Under Scrutiny in APA Case” by Gwendolyn Craig (Adirondack Explorer) for Albany Times Union
Lobbying
National: “Conservative Group Pressing States to Adopt Laws Protecting Companies from ‘Political Boycotts’: Report” by Jared Gans (The Hill) for Yahoo News
Hawaii: “Hawaii Lawmakers Honored Federal Lobbyist Despite Her Conviction in a Foreign Lobbying Scandal” by Nick Grube for Honolulu Civil Beat
November 14, 2022 •
Can You Tell Me About Lobbying in Arizona? | Ask the Experts
Q: What are the different types of lobbyists in Arizona? Which expenditures are required to be reported on the quarterly or annual report? Do expenditures by my contract firm need to be disclosed? A: In Arizona, there are three main […]
Q: What are the different types of lobbyists in Arizona? Which expenditures are required to be reported on the quarterly or annual report? Do expenditures by my contract firm need to be disclosed?
A: In Arizona, there are three main types of lobbyists required to be listed on the principal registration: the designated lobbyist, authorized lobbyists, and Lobbyists for Compensation (LFC). The designated lobbyist acts as the single point of contact for the principal and is required to file quarterly and annual reports. Authorized lobbyists are employed by the principal for the purpose of lobbying, other than the designated lobbyist, listed on the registration and permitted to perform lobbying activities on behalf of the principal. An LFC is a third-party lobbyist or contract firm compensated for the primary purpose of lobbying on behalf of a principal. While an LFC can act as the designated lobbyist for a principal most companies prefer to use an in-house employee to serve as point of contact for accountability purposes.
The designated lobbyist and each LFC are required to file four separate quarterly reports. The fourth quarter report also requires a cumulative total for the calendar year. While quarterly reports do not require personal expenditures by an authorized lobbyist to be reported, all expenditures must be disclosed in the principal annual report. The principal annual report must also include all reportable expenditures previously disclosed by each LFC on their quarterly reports.
Reportable expenditures provide a benefit to an individual state officer or state employee, whether or not the expenditure was made in the course of lobbying. All expenditures must be reported in one of the following categories: food and beverage; speaking engagement; travel and lodging; flowers; or other expenditures.
Expenditures more than $20 must be itemized and include the name and title of the state officer or employee benefiting; date, amount, and category of expenditure; and the name of the person who made the expenditure on behalf of the principal. Expenditures less than $20 may be reported in the aggregate. Additionally, expenditures for special events require the disclosure of the legislative body invited, date, location, description of event, and the total amount to be disclosed.
November 14, 2022 •
Monday’s LobbyComply News Roundup
Campaign Finance Illinois: “Where is Ald. Walter Burnett Jr.’s Missing $300,000 in Campaign Money?” by Tim Novak and Lauren FitzPatrick for Chicago Sun-Times Elections Nevada: “Democrats Keep Control of the Senate with Win in Nevada” by Hannah Knowles and Liz […]
Campaign Finance
Illinois: “Where is Ald. Walter Burnett Jr.’s Missing $300,000 in Campaign Money?” by Tim Novak and Lauren FitzPatrick for Chicago Sun-Times
Elections
Nevada: “Democrats Keep Control of the Senate with Win in Nevada” by Hannah Knowles and Liz Goodwin (Washington Post) for MSN
Ethics
National: “Judge Fines Trump Lawyers in Clinton Case Thrown Out in September” by Azi Paybarah (Washington Post) for MSN
California: “Capt. Hollywood: Who is the ex-LAPD commander who tipped off CBS to assault claim?” by Richard Winton and Meg James (Los Angeles Times) for MSN
Hawaii: “County Ethics Watchdogs Need More Money to Do the Job Right, State Panel Says” by Blaze Lovell for Honolulu Civil Beat
Maryland: “Carroll County Commissioners Approve Updated Ethics Rules on Financial Disclosures and Gifts” by Sherry Greenfield (Baltimore Sun) for MSN
Lobbying
National: “U.S. Intelligence Report Says Key Gulf Ally Meddled in American Politics” by John Howard (Washington Post) for MSN
Kentucky: “Lobbyists Who Engage Louisville Officials Must Register with City Under New Ordinance” by Billy Kobin (Louisville Courier-Journal) for Yahoo
November 11, 2022 •
Michigan Lobby Registration Act 2023 Reporting Thresholds Published
The Michigan Bureau of Elections posted the Lobby Registration Act 2023 Reporting Thresholds, which change every year in January to reflect the change in the consumer price index for Detroit. The registration thresholds for individual lobbyist compensation and for employer […]
The Michigan Bureau of Elections posted the Lobby Registration Act 2023 Reporting Thresholds, which change every year in January to reflect the change in the consumer price index for Detroit.
The registration thresholds for individual lobbyist compensation and for employer expenditures on a single official increased from $675 to $725.
Exempt expenditures increased from $14 to $15. The registration threshold for an employer making lobbying expenditures increased from $2,675 to $2,900 for any 12-month period.
The financial transaction threshold between a registered employer or lobbyist and a public official increased from $1,350 to $1,450.
The reporting threshold for travel and lodging reimbursements increased from $875 to $950.
Monthly food and beverage expenditures allowance for a public official increased from $66 to $72, and the threshold for food and beverages purchased between January 1 and end the reporting period increased from $400 to $450.
Employee reimbursements increased from $27 to $29, and the general gift threshold also increased from $66 to $72.
Late filing fees increased from $27 a day up to a maximum of $810, to $29 a day up to $870 maximum.
November 11, 2022 •
News You Can Use Digest – November 11, 2022
National/Federal Democrats Buck Midterm History to Win Control of 4 States Yahoo News – David Lieb (Associated Press) | Published: 11/9/2022 Defying historic midterm trends, Democrats wrested control of state legislative chambers away from Republicans in Michigan and Minnesota while also […]
National/Federal
Democrats Buck Midterm History to Win Control of 4 States
Yahoo News – David Lieb (Associated Press) | Published: 11/9/2022
Defying historic midterm trends, Democrats wrested control of state legislative chambers away from Republicans in Michigan and Minnesota while also gaining full control of state Capitols in Maryland and Massachusetts. The Democrats’ gains gave them power to set agendas in four states that previously had politically divided governments. Only twice since 1900 had the president’s party posted a net increase in state legislative seats during a midterm election – in 1934 and in 2002, a year after the September 11 terrorist attacks.
‘Espionage Lite’ or Deal Making? Prosecutors Struggle to Draw a Line.
DNyuz – Rebecca Davis O’Brien (New York Times) | Published: 11/7/2022
Thomas Barrack, an adviser to former President Trump, was acquitted of violating federal law by acting as a foreign agent without authorization while trying to help the United Arab Emirates influence the Trump administration. The charges included acting as an agent of a foreign government without notifying the attorney general, a charge the Justice Department has referred to as “espionage lite,” a violation of Section 951 of the U.S. criminal code. In recent cases, the misconduct charged under the law more closely resembles lobbying, business dealings, or management consulting. “[Prosecutors] are now using the statute in this very fuzzy context of influence,” said Robert Kelner, an expert on government ethics law.
Fed Up with Political Text Messages? Read On.
Yahoo News – Natasha Singer (New York Times) | Published: 11/5/2022
In October, people in the United States received an estimated 1.29 billion political text messages, about twice as many as in April, according to an app that blocks Robocalls and spam texts. Many voters have complaints about it. Many were rife with divisive language or deceptive content. Political texting is becoming a go-to method for spreading doomsday scenarios, lies, and campaign smears. FEC rules requiring political ads on broadcast television, cable, and radio to disclose their sponsors do not apply to political text messages.
Federal PAC Supporting Ron DeSantis’ Presidential Bid Sues FEC Over List-Sharing Ruling
Open Secrets – Taylor Giorno | Published: 11/3/2022
Ready for Ron sued the FEC after the agency blocked the hybrid PAC from sharing a petition with tens of thousands of supporters and their contact information with Florida Gov. Ron DeSantis to encourage him to run for president in 2024. At the heart of the lawsuit is whether that list, something campaigns typically spend a lot of money compiling, is political speech or an in-kind contribution. If successful, the lawsuit could poke more holes in regulations barring coordination between super PACs and campaigns, experts said.
Former Government Officials’ Details Missing from Hundreds of Lobbying Returns
thejournal.ie – Stephen McDermott and Cormac Fitzgerald | Published: 11/9/2022
Dozens of former government officials who subsequently lobbied senior figures have incorrectly appeared as ‘ordinary; lobbyists on Ireland’s register of lobbying. An analysis found almost 400 returns on the Lobbying Register in which ex-ministers, ministerial advisers, and secretaries general were not listed as what are known as former Designated Public Officials as required by law. The incomplete entries included lobbying returns filed on behalf of multinationals such as Google, Huawei, Diageo, and Merck.
GOP Exuberance Crashed into Democratic Resistance to Defy Midterm Expectations
MSN – Dan Balz and Dan Keating (Washington Post) | Published: 11/9/2022
Few foresaw that Democrats would defy expectations of a “red wave” in the midterm elections, but the pattern of results has been a part of the country’s politics for some time, ever since Donald Trump won the White House in 2016. The forces that aligned against Trump in 2018 and 2020 were evident again on November 8. Abortion and concerns about extremism in the GOP proved as potent in energizing voters on the left as inflation, crime, and illegal immigration did in aiding Republicans. President Biden’s low approval ratings turned out to be less catastrophic for Democratic candidates than history would have suggested.
How Trump’s Bogus Election Day Claims Broke Through Facebook and Twitter Bans
MSN – Mark Scott (Politico) | Published: 11/9/2022
Donald Trump spent Election Day posting unfounded allegations on his own Truth Social platform, as well as on the encrypted messenger Telegram. Those platforms are far smaller than Facebook and Twitter, which have banned Trump, and state officials quickly debunked the claims. But his accusations boomeranged onto more mainstream platforms as candidates, high-profile influencers, and voters shared his allegations. It offers a preview of how hard it will be for even powerful platforms to contain false or misleading statements by the former president in 2024.
Investigators Search for Pricey Gifts to Trump from Foreign Leaders
MSN – Jacqueline Alemany and Josh Dawsey (Washington Post) | Published: 11/4/2022
Congressional investigators are looking for dozens of pricey mementos gifted to former President Trump and his family members by foreign governments. The House Oversight Committee has asked for help in locating the items from the National Archives, which is among the agencies charged with keeping presidential gifts. The committee asked the archives to check whether the gifts are among the items transferred there from the White House at the end of Trump’s presidency as required by law. The committee is also seeking records from Trump’s team about its record keeping, a Trump adviser said.
Private Equity Firm Bets on Washington
MSN – Theodoric Meyer (Washington Post) | Published: 11/10/2022
Private equity is pouring more money into Washington, D.C., investing in a group of polling, public relations, lobbying, and political consulting firms. Seidler Equity Partners, a private equity firm based in California, has taken a minority stake in a conglomerate of 10 firms. Seidler’s investment will allow GP3 Partners to buy more companies to become a bigger player in Washington, said Darrell Lauterbach, GP3’s chief executive. K Street is highly fragmented, with hundreds of lobbying, law, communications, and political consulting firms competing for business.
Spanish Govt Proposes Rules for Lobbyists, Public Officials
Yahoo News – Associated Press | Published: 11/8/2022
Spain’s Council of Ministers introduced a bill to increase the transparency of interactions between public officials and lobbyists. Officials involved in any stage of policymaking would have to report their meetings with representatives of companies or groups that hoped to influence governmental decisions. Lobbyists would need to enroll in a new electronic registry of interest groups to carry out any encounters with any members of the government, among other provisions.
The FEC Isn’t Enforcing the Law. Does It Even Matter?
Mother Jones – Russ Choma | Published: 11/8/2022
With the three Democratic commissioners and the three Republican commissioners on the FEC deadlocked for years, the agency has failed to reach any meaningful consensus on major enforcement issues. Transparency activists are upset over the actions of the FEC’s newest Democratic member who joined the agency in August. Dara Lindenbaum has several times voted with the Republicans to dismiss enforcement cases that advocates had hoped would be pushed to the courts to decide. Lindenbaum and Republican Chairperson Allen Dickerson say that by finding a kind of bi-partisan agreement they are getting the FEC moving again.
Trump Called a Protest. No One Showed. Why GOP Efforts to Cry Foul Fizzled This Time.
MSN – Rosalind Helderman, Patrick Marley, and Tom Hamburger (Washington Post) | Published: 11/9/2022
After two years of promises from Donald Trump and his supporters they would flood polls and counting stations with partisan watchers to spot alleged fraud, after threats lodged against election workers, and after postings on internet chat groups called for violent action to stop supposed cheating, a peaceful Election Day drew high turnout and only scattered reports of problems. Election officials said they believed the relative normalcy resulted from a combination of concerted effort on the part of well-prepared poll workers and voters, as well as that some of Trump’s loudest supporters were less potent than they had claimed.
U.S. Judiciary Launches Online Database of Judges’ Financial Disclosures
Reuters – Nate Raymond | Published: 11/7/2022
Members of the public will be able to search federal judges’ financial disclosure reports detailing their assets and stock trades through a congressionally mandated online database that went live recently. The launch comes after President Biden in May signed into law a bipartisan bill that would make it easier for the public to see if a judge has a financial conflicts-of-interest warranting his or her recusal from hearing a case. The law was prompted by a Wall Street Journal report that more than 130 federal judges had failed to recuse themselves from cases involving companies in which they or their family members owned stock.
From the States and Municipalities
Arizona – Arizona Voters Back Ballot Measure Taking Aim at ‘Dark Money’
MSN – Isaac Stanley-Becker (Washington Post) | Published: 11/9/2022
Arizona voters approved a ballot measure that aims to curb “dark money” in elections. The money is veiled because it travels through nonprofits, which are exempt under current law from disclosing their donors. Proposition 211 requires any group making independent expenditures of at least $50,000 in statewide races or $25,000 in other races to report donors contributing more than $5,000. Approval of the measure could galvanize similar efforts elsewhere, said Terry Goddard, the former Arizona attorney general who spearheaded the move to put the issue on the ballot,
California – Inside the L.A. County Sheriff’s Department Corruption Investigation of Its Own Watchdogs
MSN – Michael Finnegan and Laura Nelson (Los Angeles Times) | Published: 11/3/2022
Los Angeles County Sheriff’s Department searched the home of county Supervisor Sheila Kuehl’s after it had spent three years looking into an allegation that Kuehl, one of Sheriff Alex Villanueva’s harshest critics, had taken bribes from a friend in return for Metropolitan Transportation Authority contracts. A Los Angeles Times review of the case found it is based on the testimony of one person, a former Metro employee named Jennifer Loew, who brought her bribery complaint to at least four law enforcement agencies but found a receptive audience only at the Sheriff’s Department. The Times found no evidence to support Loew’s allegation.
California – Jury Returns Guilty Verdicts on All Counts in Santa Clara County Sheriff Corruption Trial
MSN – Robert Salonga (Bay Area News Group) | Published: 11/3/2022
A jury reached guilty verdicts on all six counts in the civil corruption trial of now-former Santa Clara County Sheriff Laurie Smith, capping a monthlong trial that Smith nearly upended with her abrupt resignation, though a judge ordered the case to continue. A grand jury’s formal accusations alleged she illicitly steered concealed-carry weapons permits to donors and supporters, undermined state gift-reporting laws, and stifled a civilian auditor’s probe into a high-profile injury case at the county jail.
Florida – Conflicts of Interest, Cronyism at SFRTA, Tri-Rail’s Operator, Amid Furtive Renewal of Costly Lobbying Contract
Florida Bulldog – Dan Christensen | Published: 11/7/2022
The governing board of the South Florida Regional Transportation Authority (SFRTA), ditched staff plans to seek bids for lobbying services and instead rehired its longtime lobbyist amid apparent cronyism, conflicts-of-interest, and possibly wasteful spending. The rehiring of lobbyist Candice Ericks, vice president of TSE Consulting, the lobbying arm of the Tripp Scott law firm, came during a March meeting. Among the SFRTA board members who voted to abandon seeking bids and renew Ericks’s expiring $246,000-a-year contract was Ericks’s own boss – Tripp Scott co-founder, fellow TSE lobbyist, and SFRTA Vice Chairperson James Scott.
Georgia – Georgia’s Senate Race Will Go to a Runoff Between Warnock and Walker
MSN – Mariana Alfaro (Washington Post) | Published: 11/9/2022
The U.S. Senate race in Georgia between Democratic incumbent Raphael Warnock and Republican Herschel Walker is heading to a December 6 runoff. Georgia Secretary of State Brad Raffensperger said the state has looked at “the outstanding vote totals and neither one would be on 50 percent,” the threshold needed for victory. Georgia is one of two states, along with Louisiana, in which runoffs are required during general elections when no candidate secures more than half the votes.
Georgia – Gingrich Ordered to Appear Before Ga. Grand Jury Probing 2020 Election
MSN – Tom Jackman (Washington Post) | Published: 11/9/2022
A Virginia judge rejected an attempt by former House Speaker Newt Gingrich to evade a summons for his grand jury testimony in Georgia, where Fulton County District Attorney Fani Willis is investigating efforts by supporters of former President Trump to overturn the 2020 election results in that state. Gingrich’s lawyers argued the federal law that normally requires states to honor out-of-state grand jury summonses should not apply in this case because the special grand jury in Georgia lacks the power to indict. But Fairfax County Circuit Court Judge Robert Smith said the law does not parse out a difference between types of grand juries.
Hawaii – Hawaii May Soon Have More Tools to Prosecute Public Corruption
Honolulu Civil Beat – Blaze Lovell | Published: 11/9/2022
A statewide standards commission recommended new felonies dealing with fraud, false claims, and statements that may allow state and county prosecutors to bring charges against public officials similar to those brought by federal prosecutors in a string of public corruption cases this year. The U.S. Department of Justice has brought a handful of cases dealing with bribery and other forms of public corruption in Hawaii under the broad federal crime of honest services wire fraud. “It would have been difficult if not impossible to charge those cases under the existing state laws,” Flo Nakakuni, a deputy Honolulu prosecutor.
Kentucky – Kentucky Rejects Amendment 1, in Blow to Legislature’s GOP Supermajority
MSN – Joe Sonka (Louisville Courier-Journal) | Published: 11/8/2022
Kentucky voters rejected a ballot referendum that would have amended the state constitution to allow lawmakers to call themselves into a special session, a victory for Democratic Gov. Andy Beshear over the supermajority Republican Legislature. Only the governor can call legislators into a special session, during which they are only permitted to pass bills that are within the parameters set by the governor, as Beshear did in August to address flood relief.
Kentucky – ‘Shocks the Conscience.’ Panel Orders Kentucky Judge Removed Over Ethics Violations
MSN – Bill Estep (Lexington Herald Leader) | Published: 11/4/2022
A Kentucky judge committed a long list of violations that included mismanaging his courtroom, pressuring people for campaign contributions, violating people’s rights, and rigging bids for a home-detention monitoring service, a state ethics panel ruled. The Judicial Conduct Commission issued an order removing Circuit Court Judge James Jameson from office. Jameson was up for reelection, but the panel went further to say he is unfit for office in a new term as well.
Maine – Maine Gives Companies More Time to Disclose PFAS Use After Requests from Lobbying Groups
Bangor Daily News – Mehr Sher | Published: 11/7/2022
Maine lawmakers passed a law last year to require all manufacturers selling items in the state, from cars to T-shirts, to disclose whether their products contain toxic chemicals. Requiring disclosure was also a step toward Maine’s plan to prohibit the sale of products containing the per- and polyfluoroalkyl substances, known as PFAS. As the deadline to make the information public approaches, the state has been allowing national lobbying groups to delay the requirement on behalf of their members, some of whom said they did not even know they had been granted an extension.
Massachusetts – AP Sources: Justice Dept. watchdog probing Mass. US attorney
Yahoo News – Alanna Durkin Richer and Michael Balsamo (Associated Press) | Published: 11/7/2022
The Justice Department’s inspector general has opened an investigation of the top federal prosecutor in Massachusetts, prompted by U.S. Attorney Rachel Rollins’ appearance at a political fundraiser featuring first lady Jill Biden. The inspector general’s office is focusing on Rollins’ attendance at the Democratic National Committee event in July as well as her use of her personal cellphone to conduct official business. An investigation by the department’s internal watchdog targeting one of the nation’s 93 U.S. attorneys, is highly unusual.
Massachusetts – Former State Police Union Head Dana Pullman, Lobbyist Anne Lynch Convicted of Racketeering, Fraud
MSN – Tom Matthews (MassLive) | Published: 11/3/2022
The former president of the Massachusetts State Police union, Dana Pullman, and former lobbyist Anne Lynch were convicted by a federal jury of racketeering, fraud, obstruction of justice, and tax crimes. Pullman was the president of the State Police Association of Massachusetts (SPAM) from 2012 until his resignation in 2018. Lynch’s lobbying firm represented SPAM during the same time. Pullman and Lynch defrauded SPAM members and the state when Lynch paid Pullman a $20,000 kickback in connection with a settlement agreement between SPAM and the state, officials said.
Michigan – Proposal 1: Michigan voters pass term limits, financial disclosure reform measure
Detroit News – Carol Thompson | Published: 11/8/2022
Michigan voters overwhelmingly passed a constitutional amendment that would require state lawmakers to disclose some information about their personal finances and relax legislative term limits. Michigan is one of few states that do not require lawmakers to disclose anything about their personal finances while in office. Proposal 1 requires legislators, the governor, secretary of state, and attorney general to file annual financial disclosure reports starting in April 2024.
New Jersey – Lawmaker Calls for Review of State Office That Prosecutes Public Corruption Cases
New Jersey Monitor – Dana DiFilippo | Published: 11/4/2022
New Jersey Joe Cryan is calling for an independent review of the state attorney general’s office of public integrity and accountability after a Bergen County judge dismissed a public corruption indictment and raised questions about the office’s ethical conduct. Cryan’s demand comes after several high-profile losses for the office, which former Attorney General Gurbir Grewal launched in 2018 to prosecute public officials and law enforcement for misconduct.
New Mexico – State Files Lawsuit Against Political Action Committee
KRQE – Curtis Segarra | Published: 11/9/2022
New Mexico’s Ethics Commission filed a lawsuit against a political advocacy group, alleging the Working Families Organization, which funded a text message campaign to influence voters, did not properly disclose who was funding the campaign. The lawsuit also alleges the group did not properly register with the New Mexico secretary of state’s office as a political committee.
New York – Trump’s Company to Get a Court Monitor, Judge Rules
MSN – Josh Gerstein (Politico) | Published: 11/3/2022
A judge granted the New York attorney general’s request that former President Trump’s business be overseen by an independent monitor. The order requires the Trump Organization’s dealings with banks and sale of major assets be subject to supervision by a third-party expert to be named by the court. The monitor will oversee attempts to transfer assets and will screen any future reports of Trump’s net worth to financial and insurance institutions.
North Dakota – North Dakota Voters OK Term Limits for Governor, Legislators
Associated Press News – James MacPherson | Published: 11/9/2022
Voters in North Dakota approved term limits for their governor and state legislators. The ballot measure adds an article to the state constitution limiting lawmakers to eight years each in the state House and Senate. A governor could not be elected more than twice.
Ohio – Ohio County Auditor Wins Reelection Weeks Before His Corruption Trial
MSN – Erin Glynn (Cincinnati Enquirer) | Published: 11/9/2022
An indicted county auditor in Ohio won his reelection race just weeks before he is scheduled to face trial on six charges related to public corruption. If Butler County Auditor Roger Reynolds is convicted of a felony, the county Republican Party would appoint his replacement. Reynolds has pleaded not guilty and said the charges are false and politically motivated.
Oregon – NRA Committee to Be Fined for Delay in Reporting Donation to Campaign against Oregon Measure 114 Gun Control Initiative
Portland Oregonian – Maxine Bernstein | Published: 11/7/2022
The Oregon Elections Division said it will fine a National Rifle Association political committee more than $8,000 for the tardy reporting of a $25,700 donation to the campaign opposing Measure 114, a gun control ballot proposal. The NRA Oregonians for Freedom committee received the contribution from the NRA Political Victory Fund on July 29 but did not report it until November 1, far beyond the 30-day deadline.
Oregon – Oregon Voters Pass Measure 113, Punishing Lawmakers for Walkouts
Portland Oregonian – Hillary Borrud and Gosia Wozniacka | Published: 11/8/2022
Oregon lawmakers who boycott the state Capitol for an extended period to defeat legislation they oppose could now face a penalty after voters approved Measure 113. The ballot measure amends the state constitution so that going forward, any lawmaker with at least 10 unexcused absences will be disallowed from serving in the Legislature during the subsequent term. Republicans used walkouts in 2019 and 2020 to kill Democrats’ environmental reform plans and to defeat vaccine and gun regulation bills.
Pennsylvania – Kenyatta Johnson and His Wife, Dawn Chavous, Acquitted at Federal Bribery Trial
MSN – Jeremy Roebuck and Oona Goodin-Smith (Philadelphia Inquirer) | Published: 11/2/2022
A federal jury found Philadelphia City Councilperson Kenyatta Johnson not guilty of participating in a bribery scheme that allegedly saw him accept thousands of dollars from two former nonprofit executives in exchange for political favors. Jurors also acquitted Johnson’s wife, Dawn Chavous, along with former executives at Universal Companies, Abdur Rahim Islam and Shahied Dawan. The jury rejected the government’s accusations that Johnson sold the powers of his office to the executives, who funneled their payoffs through a sham $67,000 consulting contract with Chavous.
Pennsylvania – Mistrial Declared in Trial of Nonprofit Executives Accused with Kenyatta Johnson
MSN – Jeremy Roebuck (Philadelphia Inquirer) | Published: 11/7/2022
A federal judge declared a mistrial in the case of two codefendants of Philadelphia City Councilperson Kenyatta Johnson who were facing separate charges of embezzling funds and bribing a school official in Wisconsin. The decision came after one of the jurors who had been hearing the case against Rahim Islam and Shahied Dawan, former executives at the nonprofit Universal Companies, contacted COVID during the trial. Typically, that juror would have been replaced and the trial would have continued. But due to a high jury turnover rate throughout the trial, there were no alternate jurors left.
Tennessee – Nashville Council Member Faces Ethics Inquiry After Constituent’s Car Towed
MSN – Cassandra Stephenson (The Tennessean) | Published: 11/9/2022
A Nashville Councilperson Joy Styles is facing accusations she misused her authority to have a constituent’s car towed. The Metro Ethical Conduct Board reviewed a complaint against Styles and voted to hold a hearing in December to review allegations of improper use of official power. Nicole Weatherspoon, a resident of Styles’ district, filed an ethics complaint that accused Styles of improperly authorizing a company to tow Weatherspoon’s vehicle, which had a flat tire, from a public road. The complaint says a Performance Towing & Recovery employee told Weatherspoon the vehicle was towed under the authorization of “your councilwoman.”
Texas – Ads Against Abbott, Other Texas Republicans by Coulda Been Worse Test Campaign Ethics Law
MSN – Allie Morris and Robert Garrett (Dallas Morning News) | Published: 11/4/2022
The third biggest spender in Texas elections this year is a shadowy group that has not disclosed any information to the state, and is testing the limits of campaign finance law, experts said. Coulda Been Worse LLC has dumped more than $25 million into ads opposing Gov. Greg Abbott and other top Republicans. Since forming out of state in late August, Coulda Been Worse has not revealed its donors or leadership. Ethics experts and open government advocates say voters deserve to know who is trying to influence elections.
Texas – Fifth Circuit Parses Texas Ban on Boycotting Israel
Courthouse News Service – Cameron Langford | Published: 11/7/2022
Palestinians started the so-called boycott, divestment, and sanctions (BDS) movement to protest Israel’s occupation of Gaza and the West Bank. It advocates for refraining from doing business with the Israeli government or companies that benefit from Israel’s occupation of the Palestinian territories. Texas passed an anti-BDS law but pared it down later, excluding sole proprietorships, companies with nine or less employees, and contracts under $100,000. A company sued Houston and Texas Attorney General Ken Paxton, seeking an injunction ordering the city to remove the clause from its contract offer and declare the law unconstitutional.
Washington DC – D.C. Elections Board Denies Silverman’s Request to Vacate Ruling on Ward 3 Poll
MSN – Michael Brice-Saddler (Washington Post) | Published: 11/4/2022
The District of Columbia Board of Elections ruled city Councilperson Elissa Silverman’s due-process rights were not violated when the Office of Campaign Finance (OCF) determined she misspent public campaign funds on polling for the Democratic primary, despite her objections about the breadth and timeline of the probe. The OCF ordered Silverman to return $62,000 for the cost of two polls she commissioned ahead of the June primary.
Wisconsin – Military Ballots in Wisconsin Will Be Counted Under Judge’s Ruling
MSN – Patrick Marley (Washington Post) | Published: 11/7/2022
A judge declined to delay or prevent the counting of military ballots in Wisconsin in a lawsuit that came after a disaffected election worker said she reached a “breaking point” and created three fake ballots to highlight flaws in the state’s voting system. Kimberly Zapata, who at the time was Milwaukee’s deputy elections director, told prosecutors she ordered the fake ballots because she was frustrated by Republicans focusing on baseless claims instead of actual weaknesses in Wisconsin’s voting procedures. Prosecutors charged Zapata with felony misconduct in office, and she was fired from her position with the city.
November 9, 2022 •
Wednesday’s LobbyComply News Roundup
Campaign Finance National: “The FEC Isn’t Enforcing the Law. Does It Even Matter?” by Russ Choma for Mother Jones Oregon: “NRA Committee to Be Fined for Delay in Reporting Donation to Campaign against Oregon Measure 114 Gun Control Initiative” by […]
Campaign Finance
National: “The FEC Isn’t Enforcing the Law. Does It Even Matter?” by Russ Choma for Mother Jones
Oregon: “NRA Committee to Be Fined for Delay in Reporting Donation to Campaign against Oregon Measure 114 Gun Control Initiative” by Maxine Bernstein for Portland Oregonian
Elections
National: “Democrats Show Strength, Leaving Fight for Control of Congress Unresolved” by Hannah Knowles and Michael Scherer (Washington Post) for MSN
National: “Biggest Surge of Misinformation May Arrive After Election Day, Researchers Say” by Stuart Thompson (New York Times) for Seattle Times
Ethics
National: “U.S. Judiciary Launches Online Database of Judges’ Financial Disclosures” by Nate Raymond for Reuters
Massachusetts: “AP Sources: Justice Dept. watchdog probing Mass. US attorney” by Alanna Durkin Richer and Michael Balsamo (Associated Press) for Yahoo News
Wisconsin: “Military Ballots in Wisconsin Will Be Counted Under Judge’s Ruling” by Patrick Marley (Washington Post) for MSN
Lobbying
Europe: “Spanish Govt Proposes Rules for Lobbyists, Public Officials” by Associated Press for Yahoo News
Procurement
Texas: “Fifth Circuit Parses Texas Ban on Boycotting Israel” by Cameron Langford for Courthouse News Service
November 8, 2022 •
Tuesday’s LobbyComply News Roundup
Campaign Finance Texas: “Ads Against Abbott, Other Texas Republicans by Coulda Been Worse Test Campaign Ethics Law” by Allie Morris and Robert Garrett (Dallas Morning News) for MSN Washington DC: “D.C. Elections Board Denies Silverman’s Request to Vacate Ruling on […]
Campaign Finance
Texas: “Ads Against Abbott, Other Texas Republicans by Coulda Been Worse Test Campaign Ethics Law” by Allie Morris and Robert Garrett (Dallas Morning News) for MSN
Washington DC: “D.C. Elections Board Denies Silverman’s Request to Vacate Ruling on Ward 3 Poll” by Michael Brice-Saddler (Washington Post) for MSN
Elections
National: “Fed Up with Political Text Messages? Read On.” by Natasha Singer (New York Times) for Yahoo News
Ethics
National: “Investigators Search for Pricey Gifts to Trump from Foreign Leaders” by Jacqueline Alemany and Josh Dawsey (Washington Post) for MSN
California: “Jury Returns Guilty Verdicts on All Counts in Santa Clara County Sheriff Corruption Trial” by Robert Salonga (Bay Area News Group) for MSN
Kentucky: “‘Shocks the Conscience.’ Panel Orders Kentucky Judge Removed Over Ethics Violations” by Bill Estep (Lexington Herald Leader) for MSN
Lobbying
Florida: “Conflicts of Interest, Cronyism at SFRTA, Tri-Rail’s Operator, Amid Furtive Renewal of Costly Lobbying Contract” by Dan Christensen for Florida Bulldog
Maine: “Maine Gives Companies More Time to Disclose PFAS Use After Requests from Lobbying Groups” by Mehr Sher for Bangor Daily News
November 7, 2022 •
Monday’s LobbyComply News Roundup
Campaign Finance National: “Federal PAC Supporting Ron DeSantis’ Presidential Bid Sues FEC Over List-Sharing Ruling” by Taylor Giorno for Open Secrets Elections Wisconsin: “Milwaukee Mayor Fires Official Who Sent Ballots Under Fake Names to Lawmaker” by Patrick Marley (Washington Post) […]
Campaign Finance
National: “Federal PAC Supporting Ron DeSantis’ Presidential Bid Sues FEC Over List-Sharing Ruling” by Taylor Giorno for Open Secrets
Elections
Wisconsin: “Milwaukee Mayor Fires Official Who Sent Ballots Under Fake Names to Lawmaker” by Patrick Marley (Washington Post) for MSN
Ethics
California: “Inside the L.A. County Sheriff’s Department Corruption Investigation of Its Own Watchdogs” by Michael Finnegan and Laura Nelson (Los Angeles Times) for MSN
Massachusetts: “Former State Police Union Head Dana Pullman, Lobbyist Anne Lynch Convicted of Racketeering, Fraud” by Tom Matthews (MassLive) for MSN
New Jersey: “Lawmaker Calls for Review of State Office That Prosecutes Public Corruption Cases” by Dana DiFilippo for New Jersey Monitor
New York: “Trump’s Company to Get a Court Monitor, Judge Rules” by Josh Gerstein (Politico) for MSN
Pennsylvania: “Kenyatta Johnson and His Wife, Dawn Chavous, Acquitted at Federal Bribery Trial” by Jeremy Roebuck and Oona Goodin-Smith (Philadelphia Inquirer) for MSN
Lobbying
National: “Former Trump Adviser Acquitted on Charges of Acting as Emirati Agent” by Rebecca Davis O’Brien (New York Times) for DNyuz
November 4, 2022 •
News You Can Use Digest – November 4, 2022
National/Federal Architect of Capitol Abused Government Car Privileges, IG Report Finds MSN – Jim Saska (Roll Call) | Published: 11/1/2022 A report from the Architect of the Capitol inspector general suggests Architect Brett Blanton drove to Florida at the government’s expense, […]
National/Federal
Architect of Capitol Abused Government Car Privileges, IG Report Finds
MSN – Jim Saska (Roll Call) | Published: 11/1/2022
A report from the Architect of the Capitol inspector general suggests Architect Brett Blanton drove to Florida at the government’s expense, let his daughter use the office’s “free gas” for Walmart runs, allowed his wife to give prohibited private Capitol tours, and may have misled others into thinking he was an off-duty cop. During the investigation, the inspector general’s office discovered social media posts on September 30, 2020, from Blanton’s wife, one of which asked “ALL PATRIOTS” to contact her for private tours of the Capitol at a time when the building was closed to the public due to the coronavirus pandemic.
Capitol Police Cameras Caught Break-In at Pelosi Home, But No One Was Watching
MSN – Aaron Davis, Carol Leonnig, Mariana Sotomayor, and Paul Kane (Washington Post) | Published: 11/1/2022
If the Capitol Police were going to stop an attack at the home of any member of Congress, they had perhaps the best chance to do so at House Speaker Nancy Pelosi’s, according to law enforcement officials. But hours after Pelosi left San Francisco recently and returned to Capitol Hill, much of the security left with her, and officers in Washington, D.C. stopped continuously monitoring video feeds outside her house. The subsequent attack on Pelosi’s husband, Paul, demonstrated the immensity, and perhaps the impossibility, of law enforcement’s task to protect the 535 members of Congress at a time of unprecedented numbers of threats against them.
Chief Justice Roberts Temporarily Delays Release of Trump Tax Records
MSN – Robert Barnes (Washington Post) | Published: 11/1/2022
Supreme Court Chief Justice John Roberts temporarily halted the release of former President Trump’s tax records to a congressional committee and called for more briefings in the case. Without the Supreme Court’s intervention, the records could have been handed over to the House Ways and Means Committee as early as November 3. The U.S. Court of Appeals for the District of Columbia Circuit declined to review earlier rulings that found lawmakers are entitled to the documents in the legal battle.
Churches Are Breaking the Law by Endorsing in Elections, Experts Say. The IRS Looks the Other Way.
MSN – Jeremy Schwartz and Jessica Priest (ProPublica/Texas Tribune Investigative Unit) | Published: 10/30/2022
Eighteen churches over the past two years appeared to violate the Johnson Amendment, a federal law barring churches and nonprofits from directly or indirectly participating in political campaigns. Some pastors have gone so far as to paint candidates they oppose as demonic. At one point, churches fretted over losing their tax-exempt status for even unintentional missteps. Although the provision was mostly uncontroversial for decades after it passed in 1954, it has become a target for both evangelical churches and former President Trump. But the IRS has largely abdicated its enforcement responsibilities as churches have become more brazen.
Companies Often Don’t Match Climate Talk and Lobbying, Study Says
MSN – Ellen Meyers (Roll Call) | Published: 11/3/2022
Major corporations’ advocacy for clean energy and climate policies falls well short of the nearly unanimous support for cutting emissions and boosting renewable energy in the U.S, according to a report from sustainability nonprofit Ceres. Of listed companies in the S&P 100 index, nine out of every 10 acknowledge climate change is a material risk to their industry. Yet only half of the 100 companies disclosed they lobbied for climate policies aligning with the objectives of the Paris Agreement in the past three years.
Former Trump Aide Kash Patel Set to Testify in Mar-a-Lago Docs Probe: Report
MSN – Julie Shapero (The Hill) | Published: 11/2/2022
Former Trump aide Kash Patel is set to testify before a federal grand jury about the classified documents recovered from former President Trump’s Mar-a-Lago home after being granted immunity for any information. Patel, who has claimed Trump had declassified the documents found at Mar-a-Lago, previously refused to provide information to the grand jury, instead invoking his Fifth Amendment right against self-incrimination. Patel told The Wall Street Journal in August he witnessed Trump issue verbal declassification orders.
He’s an Outspoken Defender of Meat. Industry Funds His Research, Files Show.
DNyuz – Hiroko Tabuchi (New York Times) | Published: 10/31/2022
After three dozen leading researchers sounded a warning in a scientific journal that to fight climate change and improve human health, the world needed to dramatically cut back on eating red meat. The findings were quickly attacked by Frank Mitloehner, the head of an agricultural research center at the University of California, Davis. Mitloehner’s academic group, the Clear Center, receives almost all its funding from meat industry donations and coordinates with a major livestock lobby group on messaging, Critics say that close financial ties between a research center and the industry it studies create the potential for conflict-of-interest.
‘I Think It’s an Earthquake’: The political world reckons with a Musk-owned Twitter
MSN – Rebecca Kern, David Siders, and Meridith McGraw (Politico) | Published: 10/28/2022
Elon Musk formally took control of Twitter and after firing four key executives, tweeted “the bird is freed” – touching off a wave of both anxiety and relief in different corners of the political world. Conservatives, especially on the far right, view Musk as something of a savior, liberating Twitter from what they see as a progressive approach to what content is allowed. Liberals worry about what happens to a key information platform without a gatekeeper, especially if Musk allows Donald Trump back onto the platform.
Lawyers Who Advanced Trump’s Election Challenges Return for Midterms
DNyuz – Nick Corasaniti and Alexandra Berzon (New York Times) | Published: 11/2/2022
At least three dozen lawyers and law firms that advanced Donald Trump’s failed attempt to overturn the 2020 election are now working for Republican candidates, parties, and other groups, filing lawsuits and other complaints that could lay the groundwork for challenging the results of midterm elections. Though the 2020 legal push failed, with just one victory out of more than 60 lawsuits, scores of lawyers behind it have continued to work on election litigation.
Perkins Coie Dials Back Politics, Doubles Down on Corporate Work
Bloomberg Government – Justin Wise | Published: 11/2/2022
Perkins Coie, the law firm that has long been a top adviser to Democrats, is looking to expand its work for tech and emerging companies while pulling back from politics. The firm’s work in the political sphere has plummeted in the current election cycle, after the departure of prominent elections lawyer Marc Elias and a group of attorneys. It has been best known recently for fighting off Republican lawsuits challenging President Joe Biden’s 2020 election win and advising the Barack Obama and Hilary Clinton campaigns.
Political Advertisers Shift Spending from Facebook to Streaming Platforms Ahead of Midterms
CNBC – Lauren Feiner and Jonathan Vanian | Published: 11/2/2022
Political advertisers are spending less on Facebook for the 2022 midterms after flocking to the social network in previous cycles. Apple’s iOS privacy update in 2021 has made it more difficult for campaigns to reach potential voters with targeted ads. Laura Carlson, digital director of the Democratic Governors Association, said her organization is pushing the other half of its $10 million budget to areas like traditional email and text campaigns as well as newer platforms like streaming services.
Their Messages, Skirting Political Ad Rules
DNyuz – Stephanie Lai (New York Times) | Published: 11/3/2022
Social media influencers are paid hundreds and sometimes thousands of dollars per post to circulate political messages, and they are part of a growing group of people who are being paid by campaign operatives to create content aimed at influencing elections. No federal guidance has been published on the specifics of influencer political advertisements. That means users and marketing campaigns are effectively bound by no more than an honor system for disclosures. Some worry it could exacerbate the spread of misinformation and allow shadowy political messaging to flourish.
Trump Lawyers Saw Justice Thomas as ‘Only Chance’ to Stop 2020 Election Certification
MSN – Kyle Cheney, Josh Gerstein, and Nicholas Wu (Politico) | Published: 11/2/2022
Donald Trump’s attorneys saw a direct appeal to Supreme Court Justice Clarence Thomas as their best hope of derailing Joe Biden’s win in the 2020 presidential election, according to emails disclosed to congressional investigators. Trump attorney Kenneth Chesebro contended Thomas would be “our only chance to get a favorable judicial opinion by Jan. 6, which might hold up the Georgia count in Congress.” Thomas is the justice assigned to handle emergency matters arising out of Georgia and would have been the one to receive any urgent appeal of Trump’s lawsuit to the Supreme Court.
U.S. Capitol Police Officer Convicted of Obstructing Jan. 6 Probe
MSN – Tom Jackman (Washington Post) | Published: 10/28/2022
After he went into the U.S. Capitol on January 6, 2021, and then posted about it on Facebook, Jacob Hiles was arrested. In speaking with the FBI, Hiles mentioned something that caught the attention of investigators: “following the riot he had become friends with a Capitol police officer.” The FBI found a screenshot on his phone of a Facebook message sent to him by U.S. Capitol Police Officer Michael Riley on January 7. Riley deleted all his messages with Hiles. A jury recently convicted Riley on one obstruction count, for deleting his Facebook messages with Hiles, and failed to reach a verdict on the issue of his initial message to Hiles.
From the States and Municipalities
Alaska – Alaska Campaign Finance Regulators Issue Warning to the Republican Governors Association
Yahoo News – Iris Samuels (Anchorage Daily News) | Published: 10/26/2022
The Alaska Public Offices Commission (APOC) deferred a decision on a complaint alleging the Republican Governors Association (RGA) was illegally spending money to support Gov. Mike Dunleavy’s reelection bid. The decision allows A Stronger Alaska, the independent expenditure group funded by the RGA, to continue spending money before the November election. But in their ruling, commissioners issued a warning to the RGA and A Stronger Alaska, saying they “continue to make expenditures at their own peril.”
Arizona – Judge Limits Ballot Drop Box Monitoring in Arizona After Intimidation Claims
MSN – Annabelle Timsit (Washington Post) | Published: 11/2/2022
A federal judge issued a temporary restraining order against a far-right group accused of intimidating voters in Arizona. The ruling dramatically restricts what Clean Elections USA or its allies can do or say near ballot boxes. Donald Trump and his supporters have made the drop boxes the focal point of baseless claims they were used in a large-scale scheme to submit false ballots during the 2020 presidential election. The order extends to voters who use ballot drop boxes some of the same protections that are typically afforded at polling places.
California – Bribery Trial Opens for Hotel Company Linked to José Huizar Case
Spectrum News – City News Service | Published: 10/27/2022
A federal prosecutor told a jury that a China-based hotel company owned by a fugitive real estate developer bribed former Los Angeles City Councilperson José Huizar with over $1.5 million in cash, trips on private jets, and “casino chips and prostitutes” in exchange for his official support of a redevelopment project. The defense countered that city officials “universally loved” the project, so “there was no reason to bribe anyone.” Shen Zhen New World I, owned by developer Wei Huang, is charged with bribing Huizar to make sure city officials approved the proposed 77-story mixed-use skyscraper in downtown Los Angeles.
California – Judge Denies Motion to End Corruption Trial after Santa Clara County Sheriff’s Resignation
East Bay Times – Robert Salonga (Bay Area News Group) | Published: 11/2/2022
A judge ruled the civil corruption trial for Santa Clara County Sheriff Laurie Smith will continue after Smith suddenly resigned and asked the court to dismiss the case now that she cannot be removed from office. The arguments highlighted the lack of precedent for removal-from-office trials spurred by a civil grand jury; the only other one in known memory was in 2002 involving the ouster of a Mountain View city council member.
California – Years Later, City Leaders Still Often Don’t Comply with Disclosure Laws
San Francisco Examiner – Adam Shanks | Published: 11/2/2022
Many top city officials in San Francisco still do not comply with a 1999 law that requires them to maintain a daily public calendar that documents who they meet with and what they talk about. There remains a lack of uniformity in how those officials interpret the law, which may be as relevant today as ever thanks to the widespread distrust San Franciscans have of city government due to recent incidents of corruption.
Colorado – Judge Rebuffs GOP Candidate’s Request to Be Exempt from Spending Limits
Colorado Springs Gazette – Michael Karlik (Colorado Politics) | Published: 11/2/2022
A federal judge rejected a Colorado House candidate’s request to spend freely in the final days of the election, after he had inadvertently signed up for voluntary spending limits when he registered his candidacy. Although Paul Archer registered to run in February and realized in June that he had opted into a campaign financing mechanism that requires him to limit his overall spending, Archer only sought a judge’s order to block the spending limits two days after county clerks began mailing ballots. The judge faulted Archer and his campaign committee for the unreasonable delay.
Connecticut – Former CT State Rep. Michael DiMassa Pleads Guilty to Stealing About $1.2 Million in Pandemic Relief Money
MSN – Edmund Mahoney (Hartford Courant) | Published: 11/1/2022
Former Connecticut Rep. Michael DiMassa pleaded guilty to charges that he stole about $1.2 million that West Haven was awarded to cover expenses arising from the coronavirus pandemic. DiMassa was empowered by West Haven’s mayor to approve spending for prevention measures and other unexpected costs. He admitted he conspired with his wife and two others to embezzle the federal grant money by creating dummy invoices and directing payments to sham companies.
Florida – Watchdog Files FEC Complaint Against Nonprofits Tied to ‘Ghost’ Candidate Scandal
MSN – Jeff Weiner (Orlando Sentinel) | Published: 10/28/2022
The “dark-money” nonprofit central to Florida’s so-called ghost candidate scandal, as well as several related organizations, may have violated federal campaign finance laws to conceal political spending, according to a complaint by Citizens for Responsibility and Ethics in Washington. The complaint alleges violations under the Federal Election Campaign Act, which prohibits contributions made “in the name of another,” typically by funneling money intended to support a cause or candidate through a network of entities to conceal its true origins.
Georgia – An Ethics Watchdog Criticized Stacey Abrams. His Boss Retracted It.
DNyuz – Michael Powell (New York Times) | Published: 11/3/2022
When Craig Holman, a campaign finance and ethics expert, criticized Fair Fight Action, a politically powerful voting rights group, and its founder, Stacey Abrams, who happens to be running for governor of Georgia, his boss took notice. The day the article appeared, an official with Fair Fight Action complained to Public Citizen. The next day, Public Citizen retracted Holman’s criticism. It then congratulated Fair Fight Action for “heroic work” in protecting the vote and stated it was “proud to partner with them.” This partnership, Public Citizen officials said, was unofficial and not financial.
Georgia – Supreme Court Denies Lindsey Graham Appeal to Block Subpoena in Election Subversion Case
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 11/1/2022
The Supreme Court denied U.S. Sen. Lindsey Graham’s bid to block a subpoena from prosecutors investigating Donald Trump’s effort to subvert the 2020 election in Georgia. The court agreed that Graham can be required to provide testimony to a grand jury about matters that are not related to his official congressional work. Prosecutors in Fulton County have emphasized they do not plan to question Graham about his legislative work but are probing his December 2020 phone calls to state officials amid a recount and legal challenges by Trump.
Hawaii – Hawaii Standards Commission Moves to Tighten Ethics Rules for Lawmakers and Lobbyists
Honolulu Civil Beat – Blaze Lovell | Published: 10/26/2022
A commission wants the Hawaii Legislature to post records of legislative allowances online, require lawmakers to disclose any business relationship with lobbyists and other organizations trying to influence government, and make it harder for legislators to vote on bills when they may pose a conflict-of-interest. The Commission to Improve Standards of Conduct advanced several proposals aimed at lobbyists. The bills would mandate annual ethics training for lobbyists, require them to disclose a list of bill numbers they are trying to influence, and prohibit them from giving gifts to legislators and government employees.
Illinois – Pritzker Gives Shoe Leather and Big Bucks to Democrats Running for State’s Top Court – But GOP Says He’s Skirting the Law
Chicago Sun-Times – Tina Sfondeles | Published: 11/1/2022
Gov. J.B. Pritzker dipped into a trust fund to donate to two Democratic candidates for the Illinois Supreme Court, a decision Republicans say is skirting contribution limits the governor set himself. At issue is a bill the governor signed into law earlier this year that caps contributions to judicial candidates to $500,000 from “any single person.” But the Illinois State Board of Elections says Pritzker’s multiple donations are allowed.
Illinois – Tom Cullen, Longtime Brain in Madigan Political Operation, Provided Testimony for Feds
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 10/30/2022
Tom Cullen, a lobbyist who was an inside operator for years on former Illinois House Speaker Michael Madigan’s government staff, testified before a federal grand jury looking into broad aspects of Madigan’s political world, which prosecutors allege included a criminal enterprise aimed at providing personal financial rewards for Madigan and his associates. It has been reported that Cullen and his lobbying firm were at the center of an alleged scheme by AT&T Illinois to pay thousands of dollars to a former member of Madigan’s leadership team in exchange for the speaker’s help on legislation the company wanted.
Kentucky – Are Kentucky Judges Disclosing Everything They Should?
Kentucky Center for Investigative Reporting – Lily Burris and Michael Collins | Published: 11/3/2022
The Kentucky Center for Investigative Reporting obtained financial disclosure forms from 93 sitting judges and challengers running for the bench in Jefferson County, nearby counties in north central Kentucky, and the state Supreme Court. The disclosures do not reveal much about the candidates’ financial holdings, while gaps in oversight and lax enforcement make it difficult to hold judges accountable for potential conflicts-of-interest that might come up in court.
Kentucky – Federal Appeals Court Blocks Effort to Investigate Joe Fischer’s Supreme Court Bid
MSN – Deborah Yetter and Joe Sonka (Louisville Courier Journal) | Published: 10/31/2022
A federal appeals court granted an injunction to temporarily block the Kentucky Judicial Conduct Commission from investigating complaints about the campaign of Joe Fischer, a candidate for the state Supreme Court. Fischer filed a lawsuit saying he believed the commission was considering possible sanctions against him for alleged campaign violations, largely that he has identified himself as “the conservative Republican” in a nonpartisan judicial race. The appeals court said a letter from the commission seeking information and a meeting with the campaign was a threat to Fischer’s First Amendment rights.
Montana – Commissioner of Political Practices Extends Departure Date
Helena Independent Record – Montana State News Bureau | Published: 10/26/2022
After previously announcing he would step down just before Election Day, Commissioner of Political Practices Jeff Mangan said he still plans to leave the position but will remain in place until December 30. Republican lawmakers have for years brought legislation seeking to disband the office or reduce the power commissioners wield. Not since Dennis Unsworth’s departure at the end of 2010 has anyone served out a full term as commissioner.
Nevada – How One Small-Town Lawyer Faced Down the Plans of Election Skeptics
MSN – Stephanie McCrummen (Washington Post) | Published: 10/30/2022
Among the many anonymous jobs at the grassroots of American democracy, the county attorney is one of the most anonymous of all. Pickens County Attorney Phil Landrum’s days are usually spent advising county boards on the minutiae of state law, a job that has lately included defending his corner of the nation’s voting system against a barrage of attempts to upend it. Thousands of local officials across the country find themselves in a similar position as former President Trump and his allies continue to spread false claims about the security of America’s elections and urge their followers to act.
New York – Trump Organization on Trial for Criminal Tax Fraud
MSN – Michael Sisak (Associated Press) | Published: 10/31/2022
The Trump Organization is on trial for criminal tax fraud for what prosecutors say was a 15-year scheme by the company’s former chief financial officer to avoid paying taxes on fringe benefits, including apartments and luxury cars. In opening statements, prosecutors and defense lawyers sparred over the company’s culpability for the actions of Allen Weisselberg, who has pleaded guilty and agreed to testify as a prosecution witness. The tax fraud case is the only criminal trial to arise from the Manhattan district attorney’s three-year investigation of Donald Trump and is one of three active cases involving Trump or the company in New York courts.
Pennsylvania – Pennsylvania Court: Ballots in undated envelopes won’t count
Yahoo News – Mark Scolforo (Associated Press) | Published: 11/1/2022
Pennsylvania officials cannot count votes from mail-in or absentee ballots that lack accurate, handwritten dates on their return envelopes, the state Supreme Court ruled a week before tabulation will begin in races for governor, U.S. Senate, and state Legislature. The court directed county boards of elections to “segregate and preserve” those ballots. The justices split on whether making the envelope dates mandatory under state law would violate provisions of the U.S. Civil Rights Act of 1964, which states that immaterial errors or omissions should not be used to prevent voting.
Pennsylvania – The Pittsburgh Symphony Orchestra Paid $15K to Take 2 Pa. Lawmakers to Europe
Spotlight PA – Angela Couloumbis | Published: 11/2/2022
The Pittsburgh Symphony Orchestra paid for Pennsylvania Senate President Pro Tempore Jake Corman and state Rep. Rob Mercuri, along with their spouses, to travel to Europe to see the orchestra play in nine cities. The symphony, which has received nearly $10 million in state funding over the past five years, picked up the costs for their concert tickets, airfare, hotel, meals, and other incidentals. The orchestra estimated the cost at $15,000. Lawmakers are permitted to accept gifts of any value as long as they are not in exchange for official action and are reported. The Legislature recently without passing a gift ban bill.
South Carolina – SC School Board Member Wanted Taxpayers to Fund Hotel Upgrade Until Ethics Threat, Email Says
MSN – Bristow Marchant (The State) | Published: 11/2/2022
For more than a month, Lashonda McFadden, a member of the board of trustees for the Richland School District, resisted reimbursing the district $425 for upgrading a hotel room at a conference in Atlanta and a pet fee, according to an email sent by the James Manning, the board’s chairperson. Manning said McFadden asked for the money to be taken out of a taxpayer-funded travel account. The money was finally paid back after Manning told McFadden he would refer the matter to the state Ethics Commission.
South Dakota – Federal Court Rules SD Ballot Measure Law Curbs Free Speech
MSN – Stephen Groves (Associated Press) | Published: 11/1/2022
A federal appeals court upheld a lower court’s decision to block parts of a South Dakota law that would have required ballot petition workers to publicly disclose their personal identification information. The law passed in 2020 was just one attempt by lawmakers in recent years to add barriers to ballot measures, which have given progressive causes a chance at enactment in the politically red state. Steven Grasz wrote in an opinion for a three-judge panel of the Eighth Circuit Court of Appeals that being forced to disclose the information would be “chilling in today’s world” and the law would violate the First Amendment.
Tennessee – Shelby County Alters How It Selects an Ethics Officer, and What Complaints They Can Act On
Yahoo News – Katherine Burgess (Memphis Commercial Appeal) | Published: 10/31/2022
How the ethics officer of Shelby County is selected will change after a vote by commissioners. Now, the officer will be nominated by the county mayor with a concurrent resolution by the county commission. That ethics officer will no longer be able to act on anonymous complaints. Instead, they will be able to act only those that are “in writing and signed under oath by the person making the complaint.”
Tennessee – State Sen. Brian Kelsey Files Motion to Change Not Guilty Plea in Federal Campaign Finance Investigation
MSN – Adam Friedman (Tennessean) | Published: 10/28/2022
Lawyers for Tennessee Sen. Brian Kelsey filed a motion to change his plea of not guilty, indicating he may have reached an agreement with federal prosecutors in the campaign finance investigation into his failed 2016 campaign for the U.S. House. The motion comes nearly two weeks after Nashville club owner Joshua Smith pleaded guilty a spart of the probe. Smith’s guilty plea suggests he was cooperating with prosecutors ahead of a trial that is scheduled for January.
Texas – For Third Time This Year, AG Ken Paxton Fails to Disclose Campaign Donors as Required by Law
MSN – Taylor Goldenstein (Houston Chronicle) | Published: 11/1/2022
Texas Attorney General Ken Paxton has failed to file fundraising disclosure forms with complete lists of donors three times in the past year. Paxton has long had an antagonistic relationship with the Texas Ethics Commission, the agency that levies fines for violations such as late or incomplete reports. As of July, it had been almost three years since his office had sued candidates who have not paid their fines, though it is part of his job. He has also declined to represent the commission in court as his political allies seek to dismantle it with a lawsuit.
Vermont – ‘So Blatantly Illegal’: Liam Madden admits to funneling money through family to inflate campaign finance numbers
VTDigger.org – Sarah Mearhoff | Published: 10/28/2022
During a radio interview, Liam Madden, the Republican nominee in the open race for Vermont’s seat in the U.S. House, described in detail a self-funded scheme to inflate his campaign donations during the primary cycle to qualify for candidate debates. Madden claimed to have “drained” his wife’s business’s bank account and distributed roughly $25,000 amongst family members – including his toddler son – who then donated the money to his campaign. Madden said he is now recouping the money by collecting a salary from his campaign.
Washington DC – At-Large Councilmember Elissa Silverman Misspent Public Campaign Funds on Poll, Says Regulator
DCist – Martin Austermuhle | Published: 10/28/2022
The Office of Campaign Finance said District of Columbia Councilperson Elissa Silverman improperly used public campaign funds to pay for two targeted polls ahead of the June Democratic primary for a race in which she was not a candidate. In its ruling, which Silverman says she will appeal, the office ordered her to refund the city more than $6,000 for the cost of the polls. Silverman participates in the Fair Elections program, which matches small-dollar contributions with public funds.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.