National/Federal

Campaigning to Oversee Elections, While Denying the Last One
Yahoo News – Jennifer Medina, Nick Corasaniti, and Reid Epstein (New York Times) | Published: 1/30/2022

Nearly two dozen Republicans who have publicly questioned or disputed the results of the 2020 election are running for secretary of state across the country, in some cases after being directly encouraged by allies of former President Trump. Their candidacies are alarming watchdog groups, Democrats, and some fellow Republicans, who worry these Trump supporters, if elected to posts that exist largely to safeguard and administer the democratic process, would weaponize those offices to undermine it – whether by subverting an election outright or by sowing doubts about any local, state. or federal elections their party loses.

Critics Say Ginni Thomas’s Activism Is a Supreme Court Conflict. Under Court Rules, Only Her Husband Can Decide If That’s True.
MSN – Michael Kranish (Washington Post) | Published: 1/31/2022

Ginni Thomas has long been one of the nation’s most outspoken conservatives. During her husband’s time on the U.S. Supreme Court, she has run organizations designed to activate right-wing networks and worked for Republicans in Congress. She also worked closely with the Trump administration and has come under fire over messages praising January 6 crowds before the attack on the Capitol. In a number of instances, her activism has overlapped with cases that have been decided by Justice Clarence Thomas. Each justice can decide whether to recuse, and there is no way to appeal a Supreme Court member’s failure to do so.

Democrats Decried Dark Money. Then They Won with It in 2020.
New York Times – Kenneth Vogel and Shane Goldmacher | Published: 1/29/2022

Democrats have complained – with indignation, frustration, and envy – that Republicans and their allies were spending hundreds of millions of difficult-to-trace dollars to influence politics. “Dark money” became a dirty word, as the left warned of the threat of corruption posed by corporations and billionaires that were spending unlimited sums through loosely regulated nonprofits, which did not disclose their donors’ identities. Then came the 2020 election. Spurred by opposition to then-President Trump, donors and operatives allied with the Democratic Party embraced “dark money,” by some measures surpassing Republicans in 2020 spending.

Democrats’ Election Reform Bill Failed in the Senate. What’s Next for Campaign Finance Reform?
OpenSecrets.org – Jimmy Cloutier | Published: 1/27/2022

The fate of campaign finance reform is once again in limbo after Senate Republicans quashed Democrats’ most recent election legislation. The GOP filibustered the Freedom to Vote: John R. Lewis Act. A measure to then pass the bill with a simple majority was blocked by U.S. Sens. Kyrsten Sinema and Joe Manchin. Democrats are shifting to other legislative priorities, like finding a replacement for retiring U.S. Supreme Court Justice Stephen Breyer. What this means for campaign finance reform, and the role of money-in-politics more broadly, is largely unclear.

Dems Avert Total Redistricting Doomsday – but They’re Not Out of the Woods
Yahoo News – Sarah Ferris and Ally Mutnick (Politico) | Published: 2/2/2022

The House Democrats’ campaign chief believes his party has at least avoided a redistricting doomsday that would have automatically handed the GOP control of the chamber in January. Republicans still hold an indisputable advantage going into the midterms. But Democrats have seized this year’s redistricting battle with an unexpected ruthlessness, carving out more blue territory than most had expected even just a few months ago, and netting key wins in the courts.

GOP Sen. Ben Sasse Re-Introduces Bill to Ban Lawmakers from Trading Stocks and Becoming Paid Lobbyists After Retiring
MSN – Bryan Metzger (Business Insider) | Published: 2/2/2022

U.S. Sen. Ben Sasse is re-introducing a sweeping ethics reform package that includes banning members of Congress from trading individual stocks and ban lawmakers from acting as paid lobbyists after leaving Congress. It would also require the president and vice president to publicly disclose their tax returns. In contrast to Sasse’s previous set of proposals, the bill would also prohibit foreign nationals from contributing to ballot measure campaigns.

Jan. 6 Investigators Subpoena 14 in Probe of False Pro-Trump Electors
MSN – Nicholas Wu, Betsy Woodruff Swan, and Kyle Cheney (Politico) | Published: 1/28/2022

The January 6 select committee subpoenaed central players in the Republican effort to submit illegitimate presidential electors in 2020, a push that became a key component of Donald Trump’s attempt to overturn his defeat. The panel investigating the Capitol riot is seeking documents and testimony from two pro-Trump electors each from seven battleground states, all won by Joe Biden, in which Republicans sought to deliver their own slate of electors to Congress.

Memo Circulated Among Trump Allies Advocated Using NSA Data in Attempt to Prove Stolen Election
MSN – Josh Dawsey, Rosalind Helderman, Emma Brown, and Jacqueline Alemany (Washington Post) | Published: 2/3/2022

A memorandum proposed that President Trump should invoke the powers of the National Security Agency and Defense Department to sift through raw electronic communications in an attempt to show foreign powers intervened in the 2020 election to help Joe Biden win. The proposal in some ways mirrors other radical ideas that extremists who denied Biden’s victory were working to sell to Trump between the election and the siege of the U.S. Capitol. But the proposal to seize and analyze “NSA unprocessed raw signals data” raises legal and ethical concerns and distinguishes the memo from other attempts.

Sen. Ben Ray Luján’s Stroke Shows the Fragility of Democrats’ Senate Majority
MSN – Mike DeBonis (Washington Post) | Published: 2/2/2022

For months, Senate Democrats have quietly pondered an improbable but not unthinkable scenario, that their razor-thin majority, secured only by the tiebreaking vote of Vice President Harris, could be suddenly upended by the absence, incapacitation, or death of a single senator. That scenario became reality, with an unexpected twist. In a caucus with 16 senators over 70, including several with documented health issues, it was one of the youngest Democrats, Sen. Ben Ray Luján, who suffered a stroke, leaving the Senate agenda in flux and Democrats pondering the fragility of their governing majority.

Some Records Sent to Jan. 6 Committee Were Torn Up, Taped Back Together – Mirroring a Trump Habit
MSN – Jacqueline Alemany, Josh Dawsey, Amy Gardner, and Tom Hamburger (Washington Post) | Published: 1/31/2022

When the National Archives and Records Administration handed over a trove of documents to the House select committee investigating the January 6 insurrection, some of the Trump White House records had been ripped up and then taped back together. Former President Trump was known for his potentially unlawful habit of tearing presidential records into shreds and tossing them on the floor. The Presidential Records Act requires the preservation of memos, letters, notes, and other written communications related to a president’s official duties, but Trump’s shredding practices apparently continued well into the latter stages of his presidency.

States Moving Fast After Congress Failed to Expand Felon Voting Rights
Yahoo News – Zach Montellaro (Politico) | Published: 2/2/2022

Activists are pushing for new state laws that would more quickly and uniformly restore the voting rights of those convicted of felonies, a movement that has found significant success in recent years. Despite state victories, federal action has been elusive. After a January stumble in Washington, 2022 will determine whether the movement still has momentum as it faces key tests in New Mexico, Virginia, and elsewhere. How successful the re-enfranchisement movement is could affect the makeup of the electorate in the midterms and beyond.

Trump Had Role in Weighing Proposals to Seize Voting Machines
Yahoo News – Alan Feuer, Maggie Haberman, Michael Schmidt, and Luke Broadwater (New York Times) | Published: 1/31/2022

Former President Trump was more directly involved than previously known in exploring proposals to use his national security agencies to seize voting machines as he grasped unsuccessfully for evidence of fraud that would help him reverse the 2020 election. The new accounts provide insight into how the former president considered and to some degree pushed the plans, which would have taken the country into uncharted territory by using federal authority to seize control of the voting systems run by states on baseless grounds of widespread voting fraud.

Trump’s Latest Claim That Election Could Have Been ‘Overturned’ Looms Over Electoral Count Debate in Congress
MSN – Mike DeBonis (Washington Post) | Published: 2/1/2022

New statements from former President Trump insisting his vice president, Mike Pence, could have “overturned” the 2020 presidential election have jolted a congressional debate over changing the federal law under which Trump and his allies sought to reverse Joe Biden’s victory. A bipartisan group of senators has met to discuss revisions to the 1887 Electoral Count Act, which governs the congressional certification for the election of the president and vice president. Lawmakers of both parties sought to keep the discussions on track even as questions arose about whether Republicans would agree to buck the former president and revise the law.

Canada

Canada – Critics Call for New Rules for Online Fundraisers After Protest Convoy Takes Anonymous Donations
CBC – Elizabeth Thompson | Published: 1/28/2022

Critics are calling on the federal government in Canada to introduce new rules for online fundraising campaigns after a fundraiser for a protest in Ottawa against vaccine mandates raised millions of dollars, in part from anonymous donors and people using fictitious names. Green Party parliamentary leader Elizabeth May said the GoFundMe fundraiser for the protest convoy raises concerns about whether such campaigns could be used by big businesses or foreign actors to circumvent Canada’s political financing rules.

From the States and Municipalities

Alaska – Alaska House Coalition Will Seek to Remove Rep. David Eastman from Legislative Committees Over His Oath Keepers Membership
Yahoo News – James Brooks (Anchorage Daily News) | Published: 2/1/2022

The Alaska House took a first step toward removing Rep. David Eastman from legislative committees. The move came in response to Eastman’s membership in the Oath Keepers, a far-right paramilitary organization whose leaders have been charged with seditious conspiracy during the January 6, 2021, attack on the U.S. Capitol by supporters of former President Trump. Eastman has not been accused of a crime and has denounced the charges as politically motivated. He said he will continue to associate with the group as long as it will have him.

Alaska – Without Action from Lawmakers, Triple the Cash Can Flow into Alaska Campaigns This Year
Yahoo News – Nathaniel Herz and Iris Samuels (Anchorage Daily News) | Published: 1/30/2022

Candidates in Alaska’s local and state-level elections this year will be able to collect campaign contributions triple the amount allowed in past races, but uncertainty about the rules means those limits could be raised, lowered, or even eliminated before Election Day. State lawmakers and campaign finance regulators are still processing a court ruling that threw out Alaska’s $500-per-person, per-year limit on donations to candidates. For now, the Alaska Public Offices Commission has raised those limits to $1,500 and to $3,000 for political groups, up from $1,000.

Arizona – Election Workers Could Be Charged with Crimes for Making Mistakes Under GOP Bills
Arizona Mirror – Jeremy Duda | Published: 1/31/2022

An Arizona Senate committee approved bills that would punish election workers who misplace ballots and penalize contractors who do not meet the terms of their contracts. Senate Bill 1055 states that a contractor who provides election-related services to the state or a county “and that fails to perform its obligations under the terms of the contract” is liable for damages equal to the value of the contract and could face criminal charges. The committee also approved a bill that says any ballots that are not included in election officials’ tallies because they were misplaced cannot be counted, and anyone who misplaces a ballot is guilty of a misdemeanor.

Colorado – Colorado School Board Races Are Big-Money Affairs. A New Bill Wants to Reign in Donors with Campaign Finance Limits.
Chalkbeat Colorado – Sandra Fish (Colorado Sun) and Erica Meltzer | Published: 2/1/2022

In the aftermath of big money school board elections around the state, Colorado lawmakers are seeking to cap for the first time how much donors can give to candidates in those races. But a bill that passed a House panel will not affect spending by independent committees that play a significant role in some contests. The bill would limit individual donations in school board races to $2,500 and contributions by small donor committees to $25,000 per candidate. School board candidates are among the few elected offices in Colorado without limits on campaign contributions, and the caps proposed in the bill are higher than those for many other offices.

Connecticut – Investigation: Murky ethics issues surround state official firing
CTNewsJunkie.com – Lisa Backus | Published: 2/2/2022

Several officials at the Connecticut Division of Criminal Justice told Chief State’s Attorney Richard Colangelo Jr. not to hire the daughter of Kostas Diamantis, the deputy secretary of the Office of Policy and Management, to avoid any appearance of a conflict-of-interest, according to an investigation by former U.S. Attorney Stanley Twardy. But Colangelo moved forward with hiring Anastasia Diamantis even as he continued to press her father for raises for himself and his employees. Gov. Ned Lamont turned over the findings to the Office of State Ethics and Justice Andrew McDonald, chair of the Connecticut Criminal Justice Commission.

Florida – Collier County Deputy Manager Fired for Not Disclosing Work for Lobbying Firm
WBBH – Lydia Nusbaum | Published: 1/27/2022

The Collier County manager fired former Deputy Manager Sean Callahan after learning Callahan did not disclose that he worked a second job, as he was required to do by law. Brownstein Hyatt Farber Schreck announced on March 3, 2021, that Callahan had become a senior policy advisor for the firm. Records show Callahan as a lobbyist with a list of clients within the past several months.

Florida – Florida Education Employee’s Spending Spree Wasn’t Authorized
Miami Herald – Ana Ceballos | Published: 1/28/2022

A Broward County Public Schools employee inappropriately used more than $90,000 in taxpayer money to buy computer equipment and gift cards for himself and colleagues while helping to manage a computer science training project for the Florida Department of Education. Justin Feller resigned his state government job last August while the department’s investigation was ongoing. The Department of Education referred the matter to the Florida Commission on Ethics for possible sanctions.

Florida – Florida’s Absentee Ballot Restrictions Under Court Review
Bloomberg Government – Jennifer Kay | Published: 1/31/2022

A federal court is examining whether elderly, disabled, and other voters are improperly burdened by a new voting law in Florida, where casting ballots by mail has broad support. The law limiting access to absentee ballot drop boxes, as well as restrictions on approaching voters lined up to cast their ballots in person, was enacted in response to unsubstantiated claims about widespread fraud in the 2020 general election. Restricting the hours that ballot drop boxes are available and requiring them to be monitored in person creates a “gatekeeper” that will deter voters, said Cecile Scoon, president of the League of Women Voters of Florida.

Florida – Responding to Dark Money Controversy, NextEra Did Internal Investigation into FPL
MSN – Mary Ellen Klas (Miami Herald) | Published: 1/27/2022

Recent revelations about Florida Power & Light’s (FPL) involvement in a “dark money” scheme to siphon votes away from state Senate Democratic candidates prompted its parent company, NextEra Energy, to conduct an internal investigation. FPL’s relationship with two nonprofit political committees has come under recent scrutiny as part of a criminal investigation by the Miami-Dade County state attorney into a ghost candidate scandal. The committees were set up by political consultants working for FPL, and with the consultation of FPL Chief Executive Officer Eric Silagy, according to media reporting.

Florida – Tallahassee Commissioners Side with City Attorney, Deny Ethics Board Expansion
Florida Politics – Tristian Wood | Published: 1/27/2022

The Tallahassee City Commission voted to side with the city attorney against a legal interpretation that would have expanded the reach of the city’s independent ethics board. A member of the ethics board requested a legal opinion on whether the panel’s jurisdiction expands to board members and employees of the City of Tallahassee Community Redevelopment Agency (CRA) and the Blueprint Intergovernmental Agency. Commissioners agreed with City Attorney Cassandra Jackson, who argued the CRA and Blueprint fall under the jurisdiction of the state ethics commission.

Georgia – Federal Judge to Rule on Governor’s Uncapped Fundraising War Chest
Albany Times Herald – Ross Wiliams (Georgia Recorder) | Published: 2/1/2022

Lawyers for Georgia gubernatorial candidate David Perdue and Gov. Brian Kemp sparred in court over a new state law that allows certain top elected officials to create leadership committees that can raise campaign funds without limits, even when the Legislature is in session. Legislators banned fundraising during the annual session more than 30 years ago, citing a need to root out corruption or the appearance of corruption. Democrats argued the law is an attempt to circumvent that long-standing rule to benefit incumbents. Supporters say the law promotes transparency because it requires disclosure for large donations.

Louisiana – For Louisiana Lawmakers, Political Redistricting Comes with Campaign Fundraising
Yahoo News – Julie O’Donoghue (Louisiana Illuminator) | Published: 2/2/2022

As Louisiana lawmakers gather in Baton Rouge for a special legislative session to draw new voting district maps, several will also be raising money for their campaigns. Legislators are generally prohibited from holding fundraisers or accepting campaign donations during regular sessions, but that ban does not apply during special sessions. How much money is raised at these fundraisers and what individuals and businesses donate will not be made public until next year.

Michigan – Lee Chatfield Raised Millions, Traveled Often. Michigan Law Kept Much Secret
Bridge Michigan – Simon Schuster (Michigan Campaign Finance Network) and Sergio Martínez-Beltrán | Published: 1/25/2022

In the last few weeks, following allegations from former Michigan House Speaker Lee Chatfield’s sister-in-law of sexual abuse, new revelations have emerged from former colleagues that he had extravagant taste and traveled so frequently he sometimes canceled House votes to catch planes. Records show one nonprofit tied to Chatfield, the Peninsula Fund, spent nearly $500,000 dollars on travel and food in 2020 alone, but IRS rules do not require it to disclose donors or explain how the money was spent. Michigan’s disclosure requirements for elected officials make it impossible to know many details about Chatfield’s travels, expenses, or donors.

Michigan – Trump Donations to Michigan Candidates Exceeded Legal Limits
MLive.com – Malachi Barrett | Published: 2/2/2022

Three-quarters of the money former President Trump funneled from his political committee to Michigan candidates exceeded legal limits for donations in the state. Save America PAC donated $45,000 to nine Republican candidates running for state offices. Candidates will likely have to refund excess contributions to the PAC to comply with Michigan law. One check was sent to the wrong account. A $5,000 donation went to an inactive committee Mike Detmer created to run for state House in 2020 instead of his current committee for Michigan’s 31st Senate District.

Missouri – Former Lake Ozark Lawmaker’s Attempt to Overturn Missouri’s Revolving Door Ban Rejected by Judge
Yahoo News – Galen Bacharier (Springfield News-Leader) | Published: 1/31/2022

A federal judge ruled Missouri’s two-year ban on lawmakers becoming lobbyists after leaving office would not be overturned, rejecting an argument by former state Rep. Rocky Miller that the law violated his freedom of speech. U.S. District Court Judge Douglas Harpool said Miller “conflates his right to speak and petition with his desire to receive compensation for doing so” and Miller’s “speech is not directly burdened” by the law.

New Jersey – Hoboken Councilwoman Sues City Over New Campaign Finance Law
Newark Star-Ledger – Ron Zeitlinger (Jersey Journal) | Published: 2/2/2022

Hoboken City Councilperson Tiffanie Fisher filed a lawsuit against the city to strike down the campaign finance law she says was illegally approved in December. The ordinance removes the $500 limit on campaign contributions from unions to candidates for elected office in the city and follow the state guideline of $7,200 per candidate. Fisher argued the ordinance was amended so significantly prior to the second reading and final vote that the amended version should have gone back for a new first reading.

New Jersey – New Jersey Grand Jury Investigated PACs, Nonprofits Caddle Operated
MSN – Matt Friedman (Politico) | Published: 1/31/2022

New Jersey prosecutors investigated several super PACs and nonprofits run by Sean Caddle, the political consultant who has admitted hiring two men to kill an associate and empaneled a state grand jury that issued related subpoenas to government entities. Some of those groups appeared designed to hide the source of money they channeled into local races around the state. The investigation focused in part on the Elizabeth Board of Education, a major source of political patronage, sources said.

New York – As Hochul Smashed Fundraising Record, Donors Enjoyed Access
Albany Times Union – Chris Bragg and Rebekah Ward | Published: 1/28/2022

As New York Gov. Kathy Hochul raised nearly $22 million since her inauguration in August, donors have not always gotten the results they sought. But with enough cash to hire a lobbyist and attend a high-dollar fundraiser, many interest groups enjoyed the opportunity to directly speak to state government’s most powerful person. Hochul’s unprecedented numbers relied partly on aggressive tactics employed by her team, such as setting a $250,000 fundraising minimum to secure her attendance at major lobbying firm events. She is also said to navigate follow up personally with some donors and attendees, a longstanding practice in New York.

New York – Cannabis Company Seeks to Subpoena Hochul’s Office
Albany Times Union – Chris Bragg | Published: 2/1/2022

The cannabis company MedMen Enterprises filed a notice in state Supreme Court that it intends to subpoena records from New York Gov. Kathy Hochul concerning any communications she or officials with her office and campaign had with another firm, Ascend Wellness Holdings, that donated at least $15,000 to the governor. The Albany Times Union published a story concerning Hochul’s record-breaking $22 million in campaign fundraising, including details about the conflict between Ascend and MedMen.

New York – Mayor Adams Granted Waiver to Hire His Brother At $1 Yearly Salary
Gothamist – Brigid Bergin | Published: 1/27/2022

Bernard Adams, the brother of New York City Mayor Eric Adams, was granted a waiver by the Conflicts of Interest Board to serve as senior advisor for mayoral security for the nominal salary of one dollar a year, allowing him to become an official city employee. City Hall walked back its initial plan to pay Adams’ brother a $210,000 salary but instead sought a waiver for him to play an uncompensated role in the administration, in keeping with the precedents set by previous administrations.

Ohio – Ohio Ethics Commission Seeks Harsher Penalties for Giving Unlawful Gifts to Lawmakers
WOUB – Jo Ingles (Statehouse News Bureau) | Published: 1/27/2022

The Ohio Ethics Commission is asking state lawmakers to beef up penalties for people convicted of illegally giving money or gifts to legislators or public agency leaders. The allowable amount a donor can give a lawmaker or other leader is between $75 to $500 per year depending on who is getting the gift and how it is given. Exceeding that amount is a misdemeanor.

Oklahoma – Oklahoma Budget Process Can Be Mysterious, Even for Many Lawmakers
Yahoo News – Ben Felder (The Oklahoman) | Published: 2/3/2022

Oklahoma’s multi-billion-dollar budget is the pinnacle legislative action each spring that sets the course for how much money state agencies have to spend, impacting everything from the resources available in classrooms to the number of state troopers patrolling the highway. But the process it takes to complete is largely conducted in secret, negotiated among a few lawmakers and high-ranking government officials before the rest of the Legislature has a few days to approve.

Pennsylvania – A Pennsylvania Court Overturned the State’s Mail Voting Law, but an Appeal Means It’s Still in Place
MSN – Jonathan Lai and Andrew Seidman (Philadelphia Inquirer) | Published: 1/28/2022

A Pennsylvania court struck down the state’s mail voting law, saying the state constitution requires voters to cast ballots in person unless they meet specific requirements. That almost certainly will not be the final word on the matter, as the state quickly appealed to the Pennsylvania Supreme Court, triggering an automatic stay of the decision, and leaving the law in place while the high court considers the case. Democrats believe the Supreme Court, which has a Democratic majority, will uphold the law.

Pennsylvania – Councilman Derek Green Is Proposing Philly’s Biggest Ethics and Elections Reforms in Years. Here’s What’s in It.
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 1/28/2022

City Councilmember Derek Green introduced Philadelphia’s most ambitious ethics and election reform package in years. Green’s plan comes in the wake of the conviction of former council member Bobby Henon, who resigned after a jury found him guilty on federal corruption charges. Only one of the planks, a proposal to clarify conflict-of-interest rules and increase disclosures by council members who make money from side jobs, directly relates to the scandal. Other components include making the Office of the Inspector General a permanent and independent agency and establishing a system for public financing of city elections.

Pennsylvania – Former Pa. Treasurer Barbara Hafer’s PAC Collected $2.3 Million from Investments, Paid Daughter $500K Since She Left Office
Lancaster Online – Sam Janesch (The Caucus) | Published: 1/27/2022

Barbara Hafer, who was elected four times to statewide office in Pennsylvania, was never again on a ballot after leaving the state treasurer’s office in 2005. Her 2017 guilty plea on charges she lied during a corruption case has barred her from holding public office in the state again. But for nearly two decades, Hafer’s PAC has remained open and thrived. Since she left office, Hafer’s committee has collected $2.3 million – not from donors, but from investments she made with her donors’ money. What it is being used for is a troubling practice benefitting Hafer’s daughter, according to a review of the committee’s reports and interviews with campaign finance experts.

Tennessee – Tennessee Senate Expels Sen. Katrina Robinson from Legislature, a First for the Chamber Since at Least the Civil War
MSN – Melissa Brown (Memphis Commercial Appeal) | Published: 2/2/2022

For the first time since at least the Civil War, the Tennessee Senate voted to expel a senator, stripping Sen. Katrina Robinson of her elected position following her federal conviction on federal wire fraud charges. Robinson previously said prosecutors unfairly targeted and pursued her on trumped up charges, which are unrelated to her role in the General Assembly. Sen. Ferrell Haile defended the Senate’s process, noting Robinson served through multiple regular and special sessions while her case moved through the courts.

Virginia – Tim Anderson Is Writing Bills That Might Profit His Business. In Virginia, That’s Allowed.
Virginian-Pilot – Ryan McKinnon | Published: 2/1/2022

Virginia Del. Tim Anderson, who owns a gun shop, filed four bills that could ease regulations on gun shops or make it easier for people to buy guns throughout the state. That may seem to be a conflict-of-interest, but Virginia’s ethics rules allow lawmakers to write bills that affect their industry. As long as Anderson’s proposals impact all gun shops in the commonwealth and not just his own, he is in line with the spirit of a citizen Legislature, ethics experts said. He is also not alone; politicians on both sides of the aisle in Virginia write bills that affect their professions.

Virginia – Va. Senators Reject Proposals to Cut Off Campaign Cash from Dominion Energy
Daily Progress – Patrick Wilson (Richmond Times Dispatch) | Published: 2/2/2022

Virginia lawmakers voted down proposals that would have ended Dominion Energy’s ability to give massive sums of campaign money to the lawmakers who regulate it. Bills to scale back the utility’s political influence in Richmond are not new, but they took on new life this year after Dominion upset conservatives during last year’s race for governor by pumping more than $250,000 into a PAC that attacked Republican nominee Glenn Youngkin, now governor. But Dominion’s allies in the Capitol remain numerous, and lawmakers have opposed any attempts to limit their campaign donations.

I heard the city of Seattle requires reporting and registration for grassroots lobbying? Who is required to register and how do I comply with all reporting requirements?

Yes, any person who spends $1,500 or more within three months or $750 or more within one month to present a program to the public primarily to influence legislation is considered a grassroots lobbying campaign sponsor and must register within 30 days after becoming an indirect lobbyist. The city law is modeled on existing state law requiring similar registration and reporting requirements for state lobbyists.

Every sponsor required to register must also file monthly reports by the 10th day of the month for activity during the preceding month. The report must update the information contained in the registration statement and must report any contributions and expenditures made during the previous month. When the campaign has been terminated, the sponsor must file a notice of termination with the final monthly report.

Registration statements and reports must include the following: (1) information about the sponsor: including name, address, business or occupation, and if the sponsor is not an individual, the names, addresses, and titles of the controlling sponsors; (2) information about the campaign organizers, managers, and anyone hired to assist the campaign: including name, address, business or occupation, and terms of compensation; (3) information about contributors: including the name, address, and the aggregate amount of each person contributing $25 or more; (4) purpose of the campaign: including specific legislation, rates, standards or proposals that are the subject matter of the campaign; and (5) the total expenditures made or incurred to date segregated by category.

While the Seattle Ethics and Elections Commission (SEEC) is working on an updated lobbying reporting application that will allow for online reporting of indirect aka grassroots lobbying sponsorships, it is not yet complete. Registrations and reports may be accomplished with the same form template found on our website and can be emailed back to the commission at ethicsandelections@seattle.gov.

Campaign Finance

National: “Democrats’ Election Reform Bill Failed in the Senate. What’s Next for Campaign Finance Reform?” by Jimmy Cloutier for OpenSecrets.org

Colorado: “Colorado School Board Races Are Big-Money Affairs. A New Bill Wants to Reign in Donors with Campaign Finance Limits.” by Sandra Fish (Colorado Sun) and Erica Meltzer for Chalkbeat Colorado

Georgia: “Federal Judge to Rule on Governor’s Uncapped Fundraising War Chest” by Ross Williams (Georgia Recorder) for Albany Times Herald

Elections

Arizona: “Election Workers Could Be Charged with Crimes for Making Mistakes Under GOP Bills” by Jeremy Duda for Arizona Mirror

Ethics

National: “Some Records Sent to Jan. 6 Committee Were Torn Up, Taped Back Together – Mirroring a Trump Habit” by Jacqueline Alemany, Josh Dawsey, Amy Gardner, and Tom Hamburger (Washington Post) for MSN

National: “Trump Had Role in Weighing Proposals to Seize Voting Machines” by Alan Feuer, Maggie Haberman, Michael Schmidt, and Luke Broadwater (New York Times) for Yahoo News

Virginia: “Tim Anderson Is Writing Bills That Might Profit His Business. In Virginia, That’s Allowed.” by Ryan McKinnon for Virginian-Pilot

Lobbying

Missouri: “Former Lake Ozark Lawmaker’s Attempt to Overturn Missouri’s Revolving Door Ban Rejected by Judge” by Galen Bacharier (Springfield News-Leader) for Yahoo News

Campaign Finance

National: “Democrats Decried Dark Money. Then They Won with It in 2020.” by Kenneth Vogel and Shane Goldmacher for New York Times

Canada: “Critics Call for New Rules for Online Fundraisers After Protest Convoy Takes Anonymous Donations” by Elizabeth Thompson for CBC

Florida: “Responding to Dark Money Controversy, NextEra Did Internal Investigation into FPL” by Mary Ellen Klas (Miami Herald) for MSN

Elections

National: “Jan. 6 Investigators Subpoena 14 in Probe of False Pro-Trump Electors” by Nicholas Wu, Betsy Woodruff Swan, and Kyle Cheney (Politico) for MSN

Pennsylvania: “A Pennsylvania Court Overturned the State’s Mail Voting Law, but an Appeal Means It’s Still in Place” by Jonathan Lai and Andrew Seidman (Philadelphia Inquirer) for MSN

Ethics

Ohio: “Ohio Ethics Commission Seeks Harsher Penalties for Giving Unlawful Gifts to Lawmakers” by Jo Ingles (Statehouse News Bureau) for WOUB

Pennsylvania: “Former Pa. Treasurer Barbara Hafer’s PAC Collected $2.3 Million from Investments, Paid Daughter $500K Since She Left Office” by Sam Janesch (The Caucus) for Lancaster Online

Lobbying

Florida: “Collier County Deputy Manager Fired for Not Disclosing Work for Lobbying Firm” by Lydia Nusbaum for WBBH

National/Federal

As Giuliani Coordinated Plan for Trump Electoral Votes in States Biden Won, Some Electors Balked
MSN – Beth Reinhard, Amy Gardner, Josh Dawsey, Emma Brown, and Rosalind Helderman (Washington Post) | Published: 1/20/2022

On December 14, 2020, the day of the electoral college vote, Republican electors convened in the capitals of five states that Joe Biden had won. They declared themselves “duly elected and qualified” and sent signed certificates to Washington, D.C. purporting to affirm Donald Trump as the victor. Understanding the origins of the rival slates has now become a focus of the House committee investigating the insurrection. Two Democratic attorneys general have asked federal prosecutors investigate whether crimes were committed in assembling or submitting the slates.

Biden Nominates Former Stacey Abrams Lawyer for Campaign Finance Watchdog
MSN – Zach Montellaro (Politico) | Published: 1/21/2022

President Joe Biden is nominating a new commissioner to the FEC. The White House announced Biden was putting forward Dara Lindenbaum, a campaign finance attorney, to join the six-member board governing the agency. Lindenbaum was general counsel to Stacey Abrams’ 2018 Georgia gubernatorial run and deputy general counsel for former Maryland Gov. Martin O’Malley’s 2016 presidential bid.

Black and Latino Voters Have Been Shortchanged in Redistricting, Advocates and Some Judges Say
MSN – Colby Itkowitz and Harry Stevens (Washington Post) | Published: 1/25/2022

Advocates for voting rights say redistricting map drawers have manipulated the process mostly at the expense of minorities. Across the country, the White population has shrunk over the past decade as minority communities have swelled, according to the 2020 Census. Yet, the rapid growth of Latinos and Blacks is not reflected in any of the new maps passed so far, except California’s, which added five seats where Latinos make up the majority of adults. Judges have intervened in two states where Republican state legislators were accused by voting rights advocates of disenfranchising Black voters.

Energy Secretary Jennifer Granholm Violated a Stock Disclosure Law Nine Times Last Year
CNBC – Christina Wilke | Published: 1/20/2022

Energy Secretary Jennifer Granholm violated the STOCK Act at least nine times last year by selling shares of stock worth up to $240,000 and failing to disclose those sales within the 45-day window the law requires. The dates of Granholm’s stock sales ranged from April to late October. But Granholm did not disclose any of them until mid-December, which was in some cases a full six months after the deadline to report the sale had passed.

Ex-Giuliani Associate Fruman Sentenced to One Year in Prison in Campaign Finance Case
Reuters – Luc Cohen | Published: 1/21/2022

Igor Fruman, who helped Donald Trump’s former personal lawyer Rudy Giuliani collect damaging information about Joe Biden before he was elected president, was sentenced to one year in prison for violating campaign finance law. U.S. District Court Judge Paul Oetken said Fruman’s solicitation of money from a Russian businessperson to donate to U.S. political campaigns was serious because it “undermines democracy,” but Fruman was unlikely to commit a similar offense again.

Federal Prosecutors Examine Slates That Offered Trump Electoral Votes in States Biden Won in 2020
MSN – Matt Zapotosky (Washington Post) | Published: 1/25/2022

Federal prosecutors are examining the decision by Republican electors in some states won by President Biden in 2020 to send in signed statements purporting to affirm Donald Trump as the victor of the election. Their actions were criticized at the time as a political stunt meant to bolster Trump’s unfounded claims of election fraud. But they have drawn additional scrutiny in recent weeks, as the House committee investigating the attack on the Capitol seeks to understand the origin of the Trump elector slates.

Feds Issue Subpoenas Seeking Records Related to Rep. Cuellar and His Wife, Associates
ABC News – Mike Levine | Published: 1/21/2022

A grand jury probe that led to the raid of U.S. Rep. Henry Cuellar’s home and office in Texas has begun issuing subpoenas, seeking records about a wide array of American companies and advocacy organizations, many of them with ties to the former Soviet nation of Azerbaijan. Among the information being sought are records related to Cuellar, his wife Imelda, and at least one of his campaign staffers. A subpoena seeks records “relating to anything of value” that Cuellar, his wife, and others close to them may have been offered by certain business leaders or foreign officials.

House Committee on Ethics Opening Reviews of Two Lawmakers
MSN – Morgan Rimmer and Annie Grayer (CNN) | Published: 1/24/2022

The House Committee on Ethics announced it is continuing two investigations based on reports from the Office of Congressional Ethics (OGE). The OGE claims it has “substantial reason to believe” U.S. Rep. Doug Lamborn misused official resources and U.S. Rep. Marie Newman promised federal employment to a primary opponent to get political support. Current and former Lamborn staffers testified they were instructed to perform a host of activities including running personal errands, performing campaign work, moving furniture, and helping Lamborn’s son with a federal job application process.

Judge Says States Can Investigate WinRed’s Fund-Raising Tactics
New York Times – Shane Goldmacher | Published: 1/26/2022

A federal judge dismissed a lawsuit filed by WinRed, a company that processes online donations for Republicans, that sought to block state attorneys general from investigating fundraising tactics that have triggered complaints of fraud. The attorneys general from four states first sent letters to WinRed, asking for documents after a New York Times investigation revealed the company’s use of prechecked boxes to automatically enroll donors in recurring contribution programs. WinRed declined to provide the documents and instead went to court to argue federal law should pre-empt any state-level consumer probes.

Justice Breyer to Retire, Giving Biden First Court Pick
Yahoo News – Mark Sherman and Michael Balsamo (Associated Press) | Published: 1/26/2022

Longtime liberal Supreme Court Justice Stephen Breyer is retiring, giving President Biden  his first high court opening, which he has pledged to fill with the historic naming of the court’s first Black woman. Breyer has been a pragmatic force on a court that has grown increasingly conservative, trying to forge majorities with more moderate justices. His retirement will give Biden the chance to name and win confirmation of a replacement before next fall’s election when Republicans could retake the Senate and block future nominees.

Palin v. New York Times Pushes New Boundaries on Libel Suits
Yahoo News – Josh Gerstein (Politico) | Published: 1/23/2022

Sarah Palin is set to take on The New York Times in a libel suit she filed over a 2017 editorial  that erroneously linked her political activities to the 2011 shooting attack that left six people dead and U.S. Rep. Gabrielle Giffords badly wounded. Within a day, the Times corrected the editorial and noted no connection was ever established between the rampage and a map that Palin’s PAC circulated with crosshairs superimposed on the districts of 20 Democrats, including Giffords. But Palin filed suit, accusing the newspaper of defaming her. Some media advocates say the fact that the case is going to trial is a sign that deference to the press in the courts is giving way to more challenging legal landscape.

Plea Deal for Man Involved in Gaetz Investigation, Whose Attorney Says He Witnessed ‘Sex, Drugs – a Whole Lot of It’
MSN – Matt Zapotosky (Washington Post) | Published: 1/26/2022

Justice Department investigators have reached a cooperation agreement with a man whose attorney says he witnessed U.S. Rep. Matt Gaetz attend parties involving “a whole lot” of sex and drug use, another potential boon to the sprawling and slow-moving sex trafficking investigation into Gaetz. Ellicott has been talking with investigators examining whether Gaetz committed sex trafficking of a minor. Ellicott’s plea agreement requires him to cooperate fully with the government as they explore other potential crimes.

Retired Lawyer Wrote the Book, Literally, on Corporations Entertaining Politicians
MSN – Kate Ackley (Roll Call) | Published: 1/24/2022

When Ken Gross joined Skadden Arps Slate Meagher & Flom’s Washington office, he envisioned a nonpartisan political law practice, catering mostly to corporate clients. He carried out his plans over the next 35 years, representing mostly companies and trade associations as they navigated the changing legal landscape for PACs, lobbying, ethics, and gift rules. “Ken is responsible for developing that practice group, leading it, growing it to the point where Skadden is the go-to firm for … corporate clients who want to engage in … political activity, and want to ensure their compliance,” said Jan Baran, a campaign finance lawyer.

The Jan. 6 Panel Wants to Talk to Ivanka Trump
National Public Radio – Caitlyn Kim | Published: 1/20/2022

The House select committee looking into the January 6, 2021, attack on the Capitol is seeking Ivanka Trump’s voluntary cooperation with its investigation. The letter also detailed new evidence the panel has uncovered about her role the day of the siege, including multiple attempts to get her father to intervene in the attack and his efforts to undo President Biden’s election. The request comes a day after the committee requested phone from Eric Trump and Kimberly Guilfoyle, who is engaged to Donald Trump Jr.

Top Lobbying Firms Report Record-Breaking 2021 Earnings
MSN – Karl Evers-Hillstrom (The Hill) | Published: 1/20/2022

Most of the top lobbying firms in Washington, D.C. raked in record revenue last year as K Street worked overtime to influence President Biden’s ambitious agenda. Lobbying spending had already reached record highs in 2020 after Congress authorized trillions of dollars in new spending to fight the pandemic. But Democrats’ takeover of Congress and the White House helped further propel the influence industry to new heights.

From the States and Municipalities

Alabama – Alabama Supreme Court Reverses Dismissal of Lawsuit Filed by Convicted Drummond Coal Lobbyist
AL.com – Mike Cason | Published: 1/22/2022

The Alabama Supreme Court reversed the dismissal of a lawsuit filed by former Drummond Company vice president and lobbyist David Roberson, who was convicted in 2018 of bribing a state lawmaker. Roberson sued Drummond Company, his former employer, and the Balch & Bingham law firm in 2019, alleging they concealed and misrepresented information that contributed to his conviction. A federal jury convicted Roberson and former Balch & Bingham lawyer Joel Gilbert on corruption charges, involving bribes paid to former state Rep. Oliver Robinson through a foundation Robinson operated.

Alabama – Federal Court Blocks Alabama’s New Congressional District Map, Saying It’s Not Fair to Blacks
Yahoo News – Brian Lyman (Montgomery Advertiser) | Published: 1/25/2022

A three-judge federal panel blocked Alabama’s new congressional district map from going into effect, ruling challengers were “substantially likely” to prevail in their arguments the plan violated the Voting Rights Act. the judges found Black Alabamians had “less opportunity than other Alabamians to elect the candidates of their choice to Congress.” The congressional map as approved preserves a nearly 30-year plan of having a single majority-minority congressional district in west Alabama.

Arizona – Arizona Appeals Court Rebuffs Group’s Bid to Skip Campaign Law Fine
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 1/23/2022

The state Court of Appeals rebuffed a bid by a group that spent $260,000 attacking a 2014 foe of Doug Ducey’s in his first gubernatorial campaign to escape a fine for violating Arizona campaign finance laws. The judges said the Legacy Foundation Action Fund waited too long before appealing a more than $95,000 fine imposed by the Citizens Clean Elections Commission over its commercials targeting former Mesa Mayor Scott Smith. Attorneys for the conservative group then opened a new legal front with this lawsuit, arguing the commission did not have any legal authority to impose the fine in the first place.

Arizona – U.S. Supreme Court Rejects Shooter’s Claim
Arizona Capital Times – Howard Fischer (Capitol News Services) | Published: 1/27/2022

The U.S. Supreme Court ended the hope of former Rep. Don Shooter to claim his rights were violated when he was expelled from the Arizona House. The justices refused to set aside a ruling by a lower court throwing out the lawsuit Shooter filed against former House Speaker J.D. Mesnard and Kirk Adams, a former top adviser for Gov. Doug Ducey. The court did not address the claims by Shooter that having him ousted for violating a policy against sexual harassment, one that did not exist at the time of the alleged incidents, was illegal. The action upholds the conclusion by the appellate court that Mesnard and Adams have qualified immunity for their actions.

California – After Guilty Plea in Federal Case, Englander Now Faces L.A. City Ethics Charges
MSN – Julia Wick (Los Angeles Times) | Published: 1/20/2022

The Los Angeles City Ethics Commission accused former Councilperson Mitchell Englander of violating city ethics laws by accepting thousands of dollars in gifts from a businessperson and a developer during trips to Las Vegas and Palm Springs and not adequately reporting them. The charges come more than a year after Englander pleaded guilty to lying to federal authorities investigating the corruption case and was sentenced to prison. The commission could levy a fine of up to $136,071.

California – Ex-DWP Executive Pleads Guilty in Corruption Case
Los Angeles Daily News – Staff | Published: 1/25/2022

A former top executive of the Los Angeles Department of Water and Power (DWP) pleaded guilty to a federal bribery charge stemming from a probe of the city’s handling of the botched launch of a DWP billing system. David Wright accepted bribes from a lawyer in exchange for supporting a $30 million, no-bid DWP contract. The lawyer named in the case, Paul Paradis, has also agreed to plead guilty to a federal bribery count. Riverside officials asked t local law enforcement to probe whether contracts may have been illegally steered toward certain companies when Wright was general manager of Riverside Public Utilities.

Colorado – A Second County Election Official in Colorado Is Suspected of Security Breach
Canon City Daily Record – Saja Hindi (Denver Post) | Published: 1/24/2022

Colorado Secretary of State Jena Griswold is investigating a second county clerk over a possible elections security breach and has ordered Elbert County Clerk and Recorder Dallas Schroeder to turn over information related to allegations he copied a voting system hard drive. The secretary of state ordered the Republican county clerk to appear at a deposition to explain how the copy of the 2021 Dominion Voting Systems hard drive was made after Griswold’s office said Schroeder did not respond to an email request and an election order requiring the disclosure of information about the “potential security protocol breach.”

Florida – Florida Opens Investigation into Dark-Money Group Key to ‘Ghost’ Candidate Scandal
MSN – Jason Garcia and Annie Martin (Orlando Sentinel) | Published: 1/20/2022

A state agency that regulates charities has opened an investigation into a “dark-money” nonprofit that played a key role in Florida’s “ghost” candidate scandal. Nikki Fried, commissioner of the Florida Department of Agriculture and Consumer Affairs, said her department is probing whether the organization, known as Let’s Preserve the American Dream, has fully complied with state laws governing nonprofits that solicit funding in Florida. The development comes as the nonprofit, which is closely associated with one of Florida’s biggest business-lobbying groups, also faces criminal investigation by prosecutors in Miami.

Florida – How Much Darker Can Political Money Get? New GOP Bill Tries to Further Shield Donors
MSN – Ana Ceballo and Samantha Gross (Miami Herald) | Published: 1/20/2022

Florida Republicans are pushing legislation that would enact broad new layers of secrecy around nonprofit organizations’ corporate and individual donors, a move that would allow some political groups to shield sources of funding from local and state government scrutiny. Groups whose tax-exempt status allows them to engage in a restricted level of political activity and does not require them to disclose their donors often serve as vehicles for dark money spending because their sources are hidden. They have come under scrutiny recently due to a Miami-Dade County “ghost” candidate investigation marked by “dark money” spending.

Georgia – Ethics Panel Says It Will Pursue Ex-Insurance Commissioner
MSN – Associated Press | Published: 1/24/2022

Georgia ethics officials say they will pursue allegations of wrongdoing against former state Insurance Commissioner John Oxendine, overriding an administrative law judge’s ruling that they waited too long. Oxendine is accused of illegally using campaign funds from his failed 2010 gubernatorial campaign to buy a house and lease cars. Commissioners accepted the judge’s decision that the agency cannot pursue Oxendine for accepting $120,000 in bundled contributions, 10 times what was then the legal limit, from two insurance companies in 2008 when he was running for governor.

Georgia – Georgia Prosecutor Granted Special Grand Jury in Probe of Trump’s Efforts to Overturn State’s Election Results
MSN – Amy Wang and John Wagner (Washington Post) | Published: 1/24/2022

Fulton County District Attorney Fani Willis, who is weighing whether former President Trump and others committed crimes by trying to pressure Georgia election officials, was granted a special purpose grand jury to aid in her investigation. Willis confirmed part of her investigation centers on the January 2, 2021, phone call between Trump and Secretary of State Brad Raffensperger in which Trump asked Raffensperger to “find” enough votes to overturn Joe Biden’s win in the state’s presidential election.

Hawaii – How a Honolulu Police Chief Facing a Corruption Probe Got a $250,000 Payout
Honolulu Civil Beat – Christina Jedra | Published: 1/23/2022

In the city council committee room in 2017, Honolulu Police Commission Chairperson Max Sword was being asked about a retirement deal being brokered with then-Police Chief Louis Kealoha, who was under federal investigation for using his position to frame an innocent man. Sword refused to tell the council members anything about the deal. That meeting is now part of a federal indictment in which Sword and two of the city’s most senior officials, former Corporation Counsel Donna Leong and former Managing Director Roy Amemiya, are accused of conspiring to illegally bypass the city council to pay Kealoha a $250,000 severance.

Idaho – Giddings Says She No Longer Has Documents Related to Public Records Lawsuit
Idaho Press – William Spence (Lewiston Tribune) | Published: 1/26/2022

Idaho Rep. Priscilla Giddings last year acknowledged having access to documents that are now at the center of a public records lawsuit. Giddings, who is running for lieutenant governor, now denies having the documents. The documents in question relate to rape allegations that were leveled against former Rep. Aaron von Ehlinger by a House intern, and to a subsequent tort claim alleging Giddings and von Ehlinger engaged in a “conspiracy” to defame the young woman.

Illinois – In Chicago, a Public Radio Station Comes to the Rescue of the Sun-Times Newspaper
MSN – Elahe Izade and Jeremy Barr (Washington Post) | Published: 1/19/2022

In an unusual merger that some hope could serve as a national model to preserve local journalism, Chicago’s NPR station plans to acquire one of the city’s major daily newspapers. The board of directors for Chicago Public Media, the umbrella organization for WBEZ, approved moving forward with the acquisition of The Chicago Sun-Times. Public radio stations have acquired for-profit news competitors in the past but never at this scale. While the two organizations will come under the same ownership and share content, editorially they will operate independently.

Illinois – Supreme Court Considers Use of Political Campaign Funds to Mount Legal Defense in Public Corruption Cases
WCIA – Mark Maxwell | Published: 1/19/2022

The Illinois Supreme Court heard oral arguments in a case that could determine whether elected officials can use their campaign funds to hire lawyers to defend themselves in public corruption cases. Federal prosecutors accused former Chicago Ald. Danny Solis of receiving sex acts, Viagra, and campaign cash in a corruption scheme. Solis later used that same campaign account to pay lawyers $220,000 to defend himself. Ald. Byron Sigcho-Lopez filed a complaint with the State Board of Elections arguing Solis violated campaign finance laws.

Maryland – Baltimore County Inspector General: Former top official waived fees for developer, received favors
Yahoo News – Taylor DeVille (Baltimore Sun) | Published: 1/20/2022

Baltimore County improperly waived what is estimated to total millions of dollars in fees and security deposits over roughly a decade for a developer to build a multimillion-dollar, mixed-use site at Owings Mills, according to a report from county Inspector General Kelly Madigan. The report details how Arnold Jablon, who was director of the Department of Permits, Approvals, and Inspections between 2011 and 2018, waived securities and fees for developer David Brown Enterprises – possibly in return for access to basketball tickets and free parking – despite having no legal authority to do so.

Maryland – The Mosbys Claimed Legal Expenses on Their Campaign Filings. Here’s What We Know About What Maryland Law Requires.
Baltimore Sun – Emily Opilo and Alex Mann | Published: 1/21/2022

Baltimore State’s Attorney Marilyn Mosby and her husband, city council President Nick Mosby, reported spending campaign funds on legal expenses last year. Legal bills can be considered acceptable campaign expenses, but only in certain circumstances. Marilyn Mosby was indicted recently, accused of lying to avoid penalties for withdrawing money from her city retirement account and using the funds to purchase two vacation homes. A state attorney general opinion found an elected official is allowed to use campaign funds to pay debts stemming from “the defense of a criminal prosecution directly related to alleged campaign improprieties.”

New Mexico – Ethics Watchdog Issues Report on Payday Loan Industry Lobbying
New Mexico Political Report – Robert Nott and Daniel Chacon (Santa Fe New Mexican) | Published: 1/20/2022

For years, state lawmakers have unsuccessfully tried to introduce legislation capping the interest rate for so-called payday loans at 36 percent. Their efforts have failed repeatedly. New Mexico Ethics Watch released a new report on a study exploring the possible effects of the industry’s lobbying efforts on ensuring the cap is not lowered. What the study found, said Kathleen Sabo, executive director of Ethics Watch, is that lobbyists’ arguments in opposition to a drop in the interest rate cap have been even “more effective” than campaign donations when it comes to influencing lawmakers.

New Mexico – Proposal Calls for Ethics Agency to Set NM Elected Officials’ Pay
Yahoo News – Dan McKay (Albuquerque Journal) | Published: 1/24/2022

A proposed constitutional amendment that would task the State Ethics Commission with setting the salaries for all state elected officials from the governor to lawmakers, who are now unpaid, cleared its first committee hearing. Senate Joint Resolution 8 also would change how commission members are chosen, allowing the New Mexico Supreme Court to make two of the seven appointments. The push to set a salary for lawmakers comes as the Legislature considers a separate proposal to increase the pay of New Mexico’s statewide elected officials by five figures. Lawmakers are not included in that bill.

New York – Former IG Letizia Tagliafierro Pushed Transfer of Trooper Cuomo Allegedly Harassed
Albany Times Union – Brendan Lyons | Published: 1/20/2022

Letizia Tagliafierro, a former top aide to then-New York Gov. Andrew Cuomo who later became his state inspector general, was the unnamed “high-level staff member” in the executive branch who four years ago directed the State Police to bend the rules so a young female trooper whom the governor met at an event could be appointed to his protective detail. Tagliafierro’s role was revealed when state Attorney General Letitia James’ office released transcripts from a probe into allegations Cuomo sexually harassed or acted inappropriately with multiple women, including the trooper who went on to become one of his drivers.

New York – Subpoena Probes Cuomo’s Pandemic ‘Volunteers’
Albany Times Union – Chris Bragg | Published: 1/26/2022

The Joint Commission on Public Ethics will investigate the activities of volunteers in assisting New York Gov. Andrew Cuomo’s COVID-19 pandemic response. While unpaid by New York’s government, some of the volunteers, such as one-time top Cuomo aide Larry Schwartz, held crucial roles in Cuomo’s response to the crisis. Schwartz served as the state’s “vaccine czar,” leading efforts to distribute vaccines to the state’s population, while continuing in his day job as chief strategy officer at an airport concessions company that has extensive interests before state government.

Ohio – Former House Bill 6 Lobbyist Who Chaired PUCO Nominating Council Resigns
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 1/25/2022

Former FirstEnergy lobbyist Michael Koren resigned from leading the state’s efforts to pick utility regulators. Koren had served as chairperson of the Public Utilities Commission of Ohio Nominating Council despite his former ties to FirstEnergy. Koren lobbied for the company when House Bill 6 to subsidize nuclear plants was introduced in 2019. The commission has come under increasing scrutiny after FirstEnergy admitted bribing PUCO’s former chair, Sam Randazzo, who Gov. Mike DeWine appointed after his name was put forth by the nominating council.

Ohio – Ohio’s Pandemic Politics Cast Long Shadow Over Omicron Surge
Ohio Capital Journal – Jake Zuckerman | Published: 1/21/2022

Republicans in the Ohio House and Senate overruled Gov. Mike DeWine’s gubernatorial veto to pass Senate Bill 22. The legislation gave lawmakers the ability to nix statewide health orders with a simple majority vote – previous law required a supermajority. It also blocked DeWine, his appointed director of the Ohio Department of Health, or local health departments from issuing blanket lockdown or masking orders. A May 2021 report from the Network for Public Health Law found Ohio was one of 15 states to pass or consider legislation to limit the authority of public health departments during the pandemic.

Tennessee – Ogles Wants Checks on Registry of Election Finance Subpoena Power
Tennessee Lookout – Sam Stockard | Published: 1/26/2022

State Rep. Brandon Ogles, after threatening a “deep dive” into the Tennessee Registry of Election Finance, said he is drafting legislation that could change the agency’s subpoena power. Ogles said he would like to see requirements for a judge’s signature on subpoenas issued by the registry board in addition to invitations before subpoenas are issued. The registry voted recently to subpoena former House Speaker Glen Casada, his ex-chief of staff Cade Cothren, and several other people to gather information about the Faith Family Freedom Forum, a shadowy PAC that ran attack ads on Casada’s political enemy, former Rep. Rick Tillis.

Tennessee – Senate Ethics Committee Recommends Sen. Katrina Robinson’s Expulsion, Will Go Before Senate Vote
Yahoo News – Melissa Brown (Memphis Commercial Appeal) | Published: 1/20/2022

The Senate Ethics Committee determined Tennessee Sen. Katrina Robinson violated the chamber’s code of ethics and recommended her expulsion due to her conviction on federal fraud charges. Robinson will now face a full Senate vote based on the committee’s recommendation. She is awaiting a March sentencing date for charges related to the mismanagement of federal funds in connection to her leadership of a nursing school. Robinson’s criminal trial focused on events that occurred prior to her election to the state Senate.

Washington – WA Supreme Court Upholds $18M Campaign-Finance Fine Against Grocery Industry Group
Seattle Times – Jim Brunner | Published: 1/20/2022

The Washington Supreme Court narrowly upheld an $18 million fine levied against an association of large food brands that funneled “dark money” into a state campaign. The ruling found the penalty against the Grocery Manufacturers Association, now known as the Consumer Brands Association, did not violate the U.S. Constitution’s ban on excessive fines. The group spent more than $11 million to defeat Initiative 522, which would have required labeling of genetically modified food products. But it did not initially identify the corporations that wrote big checks to fund the campaign, including Coca-Cola, General Mills, and Nestle.

Campaign Finance

National: “Biden Nominates Former Stacey Abrams Lawyer for Campaign Finance Watchdog” by Zach Montellaro (Politico) for MSN

Florida: “Florida Opens Investigation into Dark-Money Group Key to ‘Ghost’ Candidate Scandal” by Jason Garcia and Annie Martin (Orlando Sentinel) for MSN

Maryland: “The Mosbys Claimed Legal Expenses on Their Campaign Filings. Here’s What We Know About What Maryland Law Requires.” by Emily Opilo and Alex Mann for Baltimore Sun

Ethics

National: “Palin v. New York Times Pushes New Boundaries on Libel Suits” by Josh Gerstein (Politico) for Yahoo News

California: “After Guilty Plea in Federal Case, Englander Now Faces L.A. City Ethics Charges” by Julia Wick (Los Angeles Times) for MSN

Illinois: “In Chicago, a Public Radio Station Comes to the Rescue of the Sun-Times Newspaper” by Elahe Izade and Jeremy Barr (Washington Post) for MSN

New York: “Former IG Letizia Tagliafierro Pushed Transfer of Trooper Cuomo Allegedly Harassed” by Brendan Lyons for Albany Times Union

Ohio: “Ohio’s Pandemic Politics Cast Long Shadow Over Omicron Surge” by Jake Zuckerman for Ohio Capital Journal

Lobbying

New Mexico: “Ethics Watchdog Issues Report on Payday Loan Industry Lobbying” by Robert Nott and Daniel Chacon (Santa Fe New Mexican) for New Mexico Political Report

The Lobbyist Registry for the city of Burlington, Ontario, Canada has officially gone live on the city’s website this month.

A new lobbying law, passed on October 19, 2021, requires consultant lobbyists, in-house lobbyists, and voluntary unpaid lobbyists to file a registration with the City Clerk within 10 days after entering into an undertaking to lobby. Only one registration needs to be filed for each undertaking even though a lobbyist may, in connection with the undertaking, communicate or arrange meetings with more than one public office holder on more than one occasion.

The new legislation defines lobbying as meaning any communication with a public office holder by an individual who represents a business or financial interest with the goal of trying to influence legislative action. In turn, the law defines legislative action as the development, introduction, passage, defeat, amendment or repeal of a bylaw, motion, resolution, or the outcome of a decision on any matter before the City Council or a Committee of the Council. A lobbyist is required to file a return updating any change in their registration within 10 business days of the change taking place. The subject matter registration will be closed once lobbying is complete or within 12 months of the lobbying commencing, whichever is sooner.

The new Lobbyist Registry is available at https://www.burlington.ca/en/your-city/lobbyist-registry.asp.

Campaign Finance

Florida: “How Much Darker Can Political Money Get? New GOP Bill Tries to Further Shield Donors” by Ana Ceballo and Samantha Gross (Miami Herald) for MSN

Illinois: “Supreme Court Considers Use of Political Campaign Funds to Mount Legal Defense in Public Corruption Cases” by Mark Maxwell for WCIA

Washington: “WA Supreme Court Upholds $18M Campaign-Finance Fine Against Grocery Industry Group” by Jim Brunner for Seattle Times

Elections

National: “As Giuliani Coordinated Plan for Trump Electoral Votes in States Biden Won, Some Electors Balked” by Beth Reinhard, Amy Gardner, Josh Dawsey, Emma Brown, and Rosalind Helderman (Washington Post) for MSN

Georgia: “Atlanta D.A. Requests Special Grand Jury in Trump Election Inquiry” by Maggie Astor and Danny Hakim (New York Times) for MSN

Ethics

National: “The Jan. 6 Panel Wants to Talk to Ivanka Trump” by Caitlyn Kim for National Public Radio

Tennessee: “Senate Ethics Committee Recommends Sen. Katrina Robinson’s Expulsion, Will Go Before Senate Vote” by Melissa Brown (Memphis Commercial Appeal) for Yahoo News

Lobbying

National: “Top Lobbying Firms Report Record-Breaking 2021 Earnings” by Karl Evers-Hillstrom (The Hill) for MSN

National/Federal

Gaetz’s Ex-Girlfriend Appears Before Grand Jury in Sex Trafficking Probe
Seattle Times – Matt Zapotosky (Washington Post) | Published: 1/12/2022

The ex-girlfriend of U.S. Rep. Matt Gaetz appeared before a federal grand jury investigating him for possible sex trafficking of a minor, a signal the probe remains active more than a year after it began. Investigators are exploring whether Gaetz paid for sex in violation of federal sex-trafficking laws and have been interested in his dealings with a 17-year-old girl, people familiar with the matter have said. The appearance of his ex-girlfriend before a federal grand jury is a potentially ominous sign for Gaetz.

Jerome Powell Says the Fed Will Tighten Trading Rules After an Ethics Scandal
New York Times – Jeanna Smialek | Published: 1/11/2022

Jerome Powell, chairperson of the Federal Reserve, told lawmakers at his nomination hearing that the central bank was making changes to rules surrounding financial trades to prevent the kind of eyebrow-raising transactions surrounding three top Fed officials. The Fed has come under fire for allowing officials to trade securities for their own portfolios in 2020, a year in which the Fed was actively saving many asset classes and markets. That included notable trades by two of the 12 regional reserve bank presidents and the Fed’s vice chair.

Judge Mulls Whether Trump’s Silence on Jan. 6 Could Amount to ‘Agreement’ with Rioters
MSN – Josh Gerstein and Kyle Cheney (Politico) | Published: 1/10/2022

Donald Trump’s hours of silence while a violent mob ransacked the Capitol – egged on by his own words and tweets – could be plausibly construed as agreement with rioters’ actions, a federal judge suggested. U.S. District Court Judge Amit Mehta made the analysis as he pressed Trump’s lawyers about their efforts to dismiss a series of lawsuits against the former president seeking to hold him financially liable for inciting the January 6 insurrection.

Justice Dept. Forms New Domestic Terrorism Unit to Address Growing Threat
MSN – Matt Zapotosky and Devlin Barrett (Washington Post) | Published: 1/11/2022

The Justice Department is forming a new domestic terrorism unit. Matthew Olsen, head of the department’s National Security Division, announced the unit before the Senate Judiciary Committee, noting the number of FBI investigations of suspected domestic violent extremists – those accused of planning or committing crimes in the name of domestic political goals – had more than doubled since the spring of 2020. His testimony comes days after the anniversary of the riot at the Capitol, an event some lawmakers say showed the FBI underestimated the threat posed by domestic extremists and violence-prone members of far-right groups.

Kevin McCarthy Rejects Request by House Jan. 6 Committee for Information About Communications with Trump, Mark Meadows
MSN – Jacueline Alemany and Tom Hamburger (Washington Post) | Published: 1/12/2022

The House select committee investigating the January 6, 2021, attack on the U.S. Capitol requested that House Minority Leader Kevin McCarthy voluntarily provide information about his communications with former President Trump and White House Chief of Staff Mark Meadows. Details of those conversations could provide the committee with further insight into Trump’s state of mind at the time, wrote U.S. Rep. Bennie Thompson, the panel’s chairperson. McCarthy said he will not cooperate, arguing in a statement that its “only objective is to attempt to damage its political opponents.”

Pence and Jan. 6 Committee Engage in High-Stakes Dance Over Testimony
Yahoo News – Michael Schmidt and Alan Feuer (New York Times) | Published: 1/10/2022

Since the House select committee investigating the assault on the Capitol was formed last summer, former Vice President Mike Pence’s lawyer and the panel have been talking about whether he would be willing to speak to investigators. But as Pence began sorting through a complex calculation about his cooperation, he is said to have grown disillusioned with the idea of voluntary cooperation. For the committee, Pence’s testimony would be an opportunity to establish how Donald Trump’s pressuring him to block the certification of the 2020 election helped inspire the storming of the Capitol on January 6, 2021.

Rep. Jim Jordan Refuses to Cooperate with Jan. 6 Committee Investigating Capitol Attack
MSN – Annabelle Timsit (Washington Post) | Published: 1/10/2022

U.S. Rep. Jim Jordan is refusing a request to be interviewed by the House select committee investigating the January 6, 2021, attack on the U.S. Capitol by a pro-Trump mob, calling it an “unprecedented and inappropriate demand.” Jordan declined to comply with the request to appear before the panel to discuss his communication with Trump on the day of the assault. Jordan previously said he could not recall how many times he spoke with Trump on January 6 but they spoke at least once.

Schumer Sets Up Final Senate Confrontation on Voting Rights and the Filibuster
MSN – Mike DeBonis (Washington Post) | Published: 1/12/2022

Senate Majority Leader Charles Schumer prepared Democrats for the final phase of a year-long push to pass voting rights legislation, sketching out legislative maneuvers that could launch debate on a pair of stalled bills and force a confrontation over the Senate’s rules in the coming days. The details of the next steps come as President Biden has launched his own aggressive push to convince his fellow Democrats to band together and overhaul the filibuster to overcome strict GOP opposition to voting rights bills.

The Battle to Prevent Another Jan. 6 Features a New Weapon: The algorithm
MSN – Steven Zeitchik (Washington Post) | Published: 1/6/2022

For many Americans who witnessed the attack on the U.S. Capitol last year, the idea of mobs of people storming a bedrock of democracy was unthinkable. For the data scientists who watched it unfold, the reaction was different: we have been thinking about this for a long time. The sentiment comes from a group working in a field known as unrest prediction. The group takes a promising if fraught approach that applies the complex methods of machine-learning to the mysterious roots of political violence. Centered on the developing world, its systems are slowly being retooled with a new goal: predicting the next January 6.

When Lobbyists and Legislators Socialize, Lobbyists Are More Likely to Get What They Want
MSN – Sara Sadhwani, Pamela Lopez, Christian Grose, and Antoine Yoshinaka | Published: 1/12/2022

Lobbying often takes place off Capitol Hill. Whether it is dinner at the Charlie Palmer steakhouse in Washington, or the hosting of public officials at receptions and bars, lobbying in social situations is a key tool of professional advocates. To explore the impact of social lobbying, researchers conducted an experiment in the California Legislature. They say they found interest groups are more likely to get what they ask for when they meet legislators or their staff socially. Much like everyone else, public officials are more easily persuaded in such settings.

From the States and Municipalities

Arizona – Cyber Ninjas, the Firm Behind the Audit in Arizona’s Maricopa County, Says It’s Closing and Letting All Its Employees Go
Business Insider – Cheryl Teh | Published: 1/7/2022

Cyber Ninjas, the company behind the 2020 election audit in Maricopa County, Arizona, said it was closing and letting all its staff go as it faces staggering daily fines for refusing to turn over public record related to the audit. A judge in Arizona said Cyber Ninjas would be fined $50,000 a day if it did not immediately turn over the records. It is unclear how many employees Cyber Ninjas has on its payroll, though LinkedIn lists its company size as two to 10 employees.

California – Former High-Level Lawyer with L.A. City Attorney Agrees to Plead Guilty in DWP Scandal
MSN – Dakota Smith and David Zahniser (Los Angeles Times) | Published: 1/10/2022

A former high-level lawyer in Los Angeles City Attorney Mike Feuer’s office agreed to plead guilty in the federal corruption probe of the Department of Water and Power (DWP) billing debacle, becoming the first staffer under Feuer to do so. Thomas Pierce agreed to plead guilty to one count of aiding and abetting extortion. In his plea agreement, Pierce admitted he threatened to fire one of the city’s outside lawyers unless that lawyer paid off a person who was threatening to reveal damaging information about city lawyers’ handling of the DWP case.

California – What’s Behind the ‘Great Resignation’ of California Lawmakers?
MSN – Ben Christopher (CalMatters) | Published: 1/10/2022

Propelled by approaching term limits, new district lines, and a raft of political opportunities outside the state Capitol, 14 California lawmakers have sought employment elsewhere.  That does not include the seven members, all senators, who are barred from seeking reelection in 2022 by term limits. Some incumbents and lobbyists say this year’s changing of the guard has the potential to shake up the Capitol’s policy-making dynamic.

Colorado – Mesa County Clerk Who Embraced Conspiracy Theories Given 3 Days to Accept Election Security Oversight
Denver Post – Saja Hindi | Published: 1/12/2022

Colorado Secretary of State Jena Griswold wants Mesa County Clerk and Recorder Tina Peters to sign documents saying she will comply with election security protocols that place limits on what she can do before Peters can resume her duties as the county’s designated election official. In October, a judge barred Peters and Deputy Clerk Belinda Knisley from overseeing the 2021 election. Peters has been held up as a prominent figure among election conspiracy theorists who claim the 2020 election was stolen.

Connecticut – Top Prosecutor’s Fate Will Await Completion of Investigation, Judge Says
Connecticut Mirror – Mark Pazniokas | Published: 1/12/2022

The commission with the power to hire and fire top prosecutors in Connecticut is awaiting completion of an investigation of how Chief State’s Attorney Richard Colangelo Jr. came to hire the daughter of a top state budget official while he lobbied the budget office for raises. Colangelo hired Anastasia Diamantis while he was lobbying her father, Kostantinos Diamantis, who was deputy secretary of the Office of Policy and Management before his firing. The state contracted with an outside attorney “to conduct a factual investigation on behalf of the Office of the Governor regarding possible improprieties by state employees and possibly others.”

Delaware – Jury Finds State Sen. Darius Brown Not Guilty of Misdemeanor Charges
Yahoo News – Xerxes Wilson (Delaware News Journal) | Published: 1/6/2022

A jury found Delaware Sen. Darius Brown not guilty of misdemeanor offensive touching and disorderly conduct. The trial saw a woman accuse Brown of hitting her in the head and throwing a glass that shattered in her proximity while they were at a restaurant. Senate President Pro Tempore David Sokola said regardless of whether Brown’s conduct was not criminal, “it remains clear” Brown has been involved in “multiple confrontations in public spaces” over the past year. Sokola said the Senate’s Rules and Ethics Committee will review allegations against Brown in the coming weeks.

Florida – Florida Officials Tried to Steer Education Contract to Former Lawmaker’s Company
Yahoo News – Lawrence Mower and Ana Ceballos (Tampa Bay Times) | Published: 1/11/2022

The Florida Department of Education is under fire for trying to steer a multimillion-dollar contract to a company whose chief executive has ties to the state’s education commissioner. Records and interviews show that before the Education Department asked for bids, it was already in advanced talks with the company to do the work, subverting a process designed to eliminate favoritism. The company is MGT Consulting, led by former lawmaker Trey Traviesa, a longtime colleague of the state’s education commissioner, Richard Corcoran.

Florida – Florida Senate Accuses Lawyer Who Submitted Redistricting Map of Violating Rules
Miami Herald – Mary Ellen Klas | Published: 1/6/2022

The Florida Senate accused a staff attorney for the ACLU of Florida of misinformation after he appeared as a private citizen before a redistricting committee to present a map he had drawn but failed to identify his employer, which had no role in the submission. The Senate changed its rules this year regarding map submissions and now requires anyone who attempts to address legislators in a public meeting to submit a disclosure form that indicates if they are a lobbyist or getting expenses paid. The rules also prohibit lawmakers from considering maps submitted by the public unless a legislator explicitly requested the map in writing.

Florida – FPL Makes Unusual Public Attack on Miami Herald After Solar Power Coverage
MSN – David Ovalle (Miami Herald) | Published: 1/6/2022

Florida Power & Light (FPL) launched an unusual public attack on The Miami Herald and its senior Tallahassee reporter over coverage of the utility company’s lobbying on solar power policy, criticism the newspaper’s top editor called “unfair.” FPL published a piece on its own website criticizing the news organization for not publishing the entirety of an editorial written in response to a Miami Herald story co-authored by Mary Ellen Klas about the company’s role in preparing legislation affecting rooftop solar power generation in Florida. FPL’s post was titled: “Truth Matters: Why is the Miami Herald afraid to let its readers hear opposing voices?”

Georgia – Perdue Sues Over New Georgia Fundraising Law
Yahoo News – Joseph Coi (The Hill) | Published: 1/6/2022

David Perdue’s gubernatorial campaign filed a lawsuit challenging a state law that critics say gives Georgia Gov. Brian Kemp an advantage in the race. Last year, Kemp signed Senate Bill 221 into law, allowing those vying for governor, lieutenant governor, and party leadership roles to create “leadership committees” with no caps on individual campaign contributions. The law also does away with limits on when committees can raise money. Critics have argued it gives incumbent candidates an unfair advantage, as nonincumbent candidates must win a party primary before they can establish a leadership committee.

Idaho – Idaho Statehouse Security: Is the ‘people’s house’ a safe place for the people?
KPVI – Clark Corbin (Idaho Capital Sun) | Published: 1/9/2022

Political organizer Alicia Abbott worries that members of the public will not feel comfortable or safe at the Idaho Capitol, whether it is due to the anger or crowds or lack of COVID-19 protocols like masking and distancing. She is concerned that would rob people of their ability to participate in the legislative process and could limit the perspective of public testimony presented to lawmakers during bill hearings. Abbott is not the only one who is worried about the potential for violence and politics to clash.

Iowa – Republican Leadership Bars Journalists from Iowa Senate Floor, Worrying Press Advocates
MSN – Kim Bellware (Washington Post) | Published: 1/8/2022

Republican leaders in the state Senate told journalists they will no longer be allowed to work on the chamber floor, a change that breaks with a more than 140-year tradition in the Iowa Capitol. The move raised concerns among free press and freedom of information advocates who said it is a blow to transparency and open government that makes it harder for the public to understand, let alone scrutinize, elected officials. The new rule denies reporters access to the press benches near senators’ desks, a proximity that statehouse reporters said is crucial for the most accurate coverage.

Kentucky – Senate Bill Would Block State Contracts If Bidders’ Lobbyists Are Convicted of Crimes
Yahoo News – John Cheves (Lexington Herald-Leader) | Published: 1/10/2022

A Kentucky Senate bill would block state contracts from going to companies for five years after their lobbyists are convicted of crimes related to helping those companies win those contracts. If the language in Senate Bill 46 sounds specific, that is because the sponsor has in mind a particular contract and a particular lobbyist and particular crimes. Sen. Stephen Meredith said he objects to a $51.7 million contract renewal awarded by the Kentucky Personnel Cabinet in 2020 to Cannon Cochran Management Services.

Maryland – Howard County Council Member Outraged by Denial of Matching Campaign Funds, Calling It Political Manipulation
MSN – Katie Long (Baltimore Sun) | Published: 1/12/2022

A technicality in the law resulted in Howard County candidates being denied matching campaign funds this election season. To be eligible for up to $85,000 in matching funds, county council candidates must collect at least $10,000 from at least 125 donations. These funds are only available for candidates in contested races, meaning at least two candidates’ names must appear on the ballot. The rules also state the determination date for when a race is “contested” is six months prior to the state filing deadline. This language is what resulted in the withholding of funds from council member Deb Jung.

Michigan – Judge Tosses GOP Challenge to Exception for Recall Donations
MSN – David Eggers (Associated Press) | Published: 1/6/2022

A federal judge dismissed Republicans’ lawsuit challenging the ability of Michigan Gov. Gretchen Whitmer’s reelection campaign to collect excess donations under an exception for recall attempts, saying they lack the standing to sue. U.S. District Court Judge Janet Neff ruled state GOP Chairperson Ron Weiser and the party failed to show they had suffered a “concrete and particularized injury.” She also said they could have given unlimited amounts to recall committees opposing the Democratic governor but did not. Republicans said they would appeal.

Montana – Montana Conservation Voters Action Fund Facing Fine for Campaign Finance Violations
Helena Independent Record – Nolan Lister | Published: 1/12/2022

Montana Conservation Voters Action Fund is facing a fine for failing to file reports on its spending in municipal elections in Helena, Missoula, and Billings last year. As a registered political committee, the group is permitted to engage in these actions. But it failed to report its expenses as required. “Unfortunately, our vendor failed to submit the required reports related to our work …,” said Jake Brown, the organization’s political director.

New Mexico – New Mexico Ethics Commission to Consider Charges Against Dow
Yahoo News – Robert Nott (Santa Fe New Mexican) | Published: 1/10/2022

The general counsel for the State Ethics Commission recommended a public hearing to determine whether New Mexico Rep. Rebecca Dow, a GOP candidate for governor in the June primary, violated government conduct and financial disclosure rules in connection with her work for a nonprofit she founded, AppleTree Educational Center, a faith-based early childhood education provider. A complaint raised questions about whether Dow accurately disclosed details about her position and salary with AppleTree. It also said there is evidence she may have used her legislative position to advocate for the nonprofit.

New Mexico – Public Financing the Common Factor for Winners of ABQ Campaigns in 2021
Albuquerque Journal – Jessica Dyer | Published: 1/9/2022

Whether Republican or Democrat, incumbent or political newcomer, every candidate who won a position in Albuquerque’s municipal government during the 2021 election cycle had at least one thing in common: all ran for office on the city’s public financing system. But the program that has fueled so many recent election wins also continues to fuel controversy and doubt.

New York – Cuomo Lawyer Fires Warning at Ethics Agency
Albany Times Union – Chris Bragg | Published: 1/12/2022

An attorney representing former Gov. Andrew Cuomo notified New York’s ethics oversight panel that it is to preserve “all evidence and documentation” concerning its efforts to force Cuomo to repay $5.1 million in proceeds from a 2020 book deal. The letter appears to be a warning shot to the Joint Commission on Public Ethics that if the panel continues attempts to force Cuomo to repay the funds that he earned from writing the book, Cuomo will sue. Cuomo will also seek to dig into the panel’s own machinations.

New York – Eric Adams Cuts His Brother’s Duties After Giving Him Top Police Job
New York Times – Dana Rubenstein and William Rashbaum | Published: 1/12/2022

When Mayor Eric Adams named a Virginia parking administrator and retired police sergeant to a top position in the New York Police Department, he said the man had one qualification that no one else there possessed: he was the mayor’s brother. Bernard Adams, 56, a former police sergeant who retired from the force in 2006 after 20 years, has been given one of the most elite jobs in city government: overseeing the unit that will protect the mayor’s physical safety. The mayor’s fundraising tactics have, tested the boundaries of campaign finance and law, and the hiring has amplified concerns that Mayor Adams pays too little heed to ethics.

New York – GOP Sues Over Law Letting Noncitizens Vote in NYC Elections
MSN – Marina Vileneuve (Associated Press) | Published: 1/10/2022

Republicans sued to prevent noncitizens from voting in New York City elections under a new local law that allows more than 800,000 noncitizens and “Dreamers” in New York City to vote in municipal elections as early as next year. They still cannot vote for president or members of Congress or in statewide elections. Republicans said the law violates the state constitution, which says, “every citizen shall be entitled to vote at every election” provided a citizen is at least 18 years old and a “resident of this state” and the locality for 30 days before an election.

New York – Hochul Moves to Scrap Much-Criticized Ethics Agency
Buffalo News – Tom Precious | Published: 1/7/2022

New York Gov. Kathy Hochul proposed reforms for the Joint Commission on Public Integrity (JCOPE). She would get rid of the system by which JCOPE board members are selected. Board members are now chosen by the governor and legislative leaders. Hochul wants a rotating five-member panel of law school deans – or, more likely, their designees – from the 15 state-accredited law schools in New York. Hochul also would scrap the special voting system JCOPE can now employ in which a minority of members can end an investigation. The reconstituted agency would still be the reporting and enforcement entity of the lobbying industry in Albany.

New York – Hochul’s Taxpayer-Funded Air Travel May Violate Ethics Rules
Albany Times Union – Chris Bragg | Published: 1/6/2022

On October 4, Gov. Kathy Hochul flew from Albany to New York City on a state-owned airplane. She went to Brooklyn to sign a bill, then held three campaign-related events before flying back to Albany in the evening. Although a major part of the day was dedicated to Hochul winning a full term in November’s election, her campaign did not reimburse taxpayers for any portion of the day’s travel. During Hochul’s first 45 days in office, on at least three separate days, the governor’s use of state aircraft has raised questions about whether there has been any misuse of taxpayer resources, according to a review of public records.

North Carolina – North Carolina Court Declines to Toss Out GOP-Drawn House Map
Yahoo News – Ally Mutnick (Politico) | Published: 1/11/2022

A North Carolina trial court dealt a setback to Democrats when it declined to strike down Republican-drawn congressional and legislative maps that had been challenged as illegal partisan gerrymanders. The ruling is the latest in a flurry of litigation and court orders muddying North Carolina’s 2022 elections and leaving its political future for the next decade in limbo. The Democratic-aligned plaintiffs who brought the suit immediately said they will appeal to the state Supreme Court, where their party has a narrow majority.

Ohio – Campaign Finance Watchdog Sues FEC Over Ohio Dark Money Group
Ohio Capital Journal – Nick Evans | Published: 1/11/2022

Two years ago, Citizens for Responsibility and Ethics in Washington (CREW) filed an FEC complaint against an Ohio-based “dark money” group called Freedom Vote. Attorneys with the FEC investigated and demonstrated violations occurred but the commission deadlocked. CREW has filed a new complaint, this time against the FEC itself. That is because despite an overwhelming set of evidence, commissioners failed to act against Freedom Vote. The commission deadlocked last November on whether to move forward with any kind of punishment.

Ohio – Ohio’s House Bill 6 Scandal Widened in 2021, but More Is Yet to Come in 2022
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 12/30/2021

Ohio’s House Bill 6 scandal took on a new dimension in 2021, with FirstEnergy Corp. paying a $230 million fine for bribing top state officials, lawmakers passing a partial repeal of the infamous energy law, and ex- House Speaker Larry Householder being kicked out of the Legislature. There is more to come in 2022, as Householder’s upcoming trial on a federal corruption charge, as well as multiple civil lawsuits, are likely to reveal even more scandalous details about the passage of the legislation.

Oregon – Secretary of State Rules Kristof Ineligible to Run for Oregon Governor
Yahoo News – Connor Radnovich (Salem Statesman-Journal) | Published: 1/6/2022

Former New York Times columnist Nicholas Kristof cannot run for Oregon governor because he does not meet the residency requirements to hold office, the secretary of state’s office announced. The state constitution requires a candidate for governor to have been a “resident within this state” for three years prior to the general election. Evidence reviewed by elections officials showed Kristof was instead a resident of New York until late 2020 or early 2021.

Tennessee – Nashville Council Member Jonathan Hall Faces 14 Potential Campaign Finance Violations
MSN – Cassandra Stephenson (The Tennessean) | Published: 1/7/2022

Metropolitan Councilperson Jonathan Hall faces more than a dozen potential campaign finance violations that could lead to an audit or civil penalties. Hall failed to file multiple mandatory financial reports on time, or at all, during election cycles in 2018 and 2019, according to a letter sent from Bureau of Ethics and Campaign Finance Executive Director Bill Young. Of the financial reports that Hall’s campaign did file, some lack required donor and vendor information and itemization of expenses. Some contain unexplained discrepancies deemed “troubling” by Assistant District Attorney General Brian Ewald.

Washington – A Rural Washington School Board Race Shows How Far-Right Extremists Are Shifting to Local Power
Seattle Times – Hannah Allam (Washington Post) | Published: 1/8/2022

In recent years, far-right groups have been moving away from national organizing to focus on building grassroots support, harnessing conservative outrage to influence school boards and other local offices. That effort was stepped up after the attack on the U.S. Capitol left much of the militant right under federal scrutiny and in operational disarray. Eatonville, Washington, is among several rural, conservative parts of the West where members of self-styled militias are making inroads through what researchers call a mix of opportunism and intimidation.

Wisconsin – Supreme Court Clears Way for Liberal Group to Depose Assembly Speaker Robin Vos
Yahoo News – Patrick Marley (Milwaukee Journal Sentinel) | Published: 1/11/2022

The Wisconsin Supreme Court ended Assembly Speaker Robin Vos’ attempt to avoid a deposition, setting the stage for him to take questions under oath over whether he has followed the state’s open records law. He sought to avoid answering questions from the liberal group American Oversight, which has been seeking records of a partisan review of the 2020 election ordered by Vos.

Campaign Finance

Maryland: “Howard County Council Member Outraged by Denial of Matching Campaign Funds, Calling It Political Manipulation” by Katie Long (Baltimore Sun) for MSN

Ohio: “Campaign Finance Watchdog Sues FEC Over Ohio Dark Money Group” by Nick Evans for Ohio Capital Journal

Tennessee: “Nashville Council Member Jonathan Hall Faces 14 Potential Campaign Finance Violations” by Cassandra Stephenson (The Tennessean) for MSN

Elections

Arizona: “Cyber Ninjas, the Firm Behind the Audit in Arizona’s Maricopa County, Says It’s Closing and Letting All Its Employees Go” by Cheryl Teh for Business Insider

Colorado: “Mesa County Clerk Who Embraced Conspiracy Theories Given 3 Days to Accept Election Security Oversight” by Saja Hindi for Denver Post

Legislative Issues

Wisconsin: “Supreme Court Clears Way for Liberal Group to Depose Assembly Speaker Robin Vos” by Patrick Marley (Milwaukee Journal Sentinel) for Yahoo News

Lobbying

National: “When Lobbyists and Legislators Socialize, Lobbyists Are More Likely to Get What They Want” by Sara Sadhwani, Pamela Lopez, Christian Grose, and Antoine Yoshinaka for MSN

Redistricting

North Carolina: “North Carolina Court Declines to Toss Out GOP-Drawn House Map” by Ally Mutnick (Politico) for Yahoo News

Elections

New York: “GOP Sues Over Law Letting Noncitizens Vote in NYC Elections” by Marina Vileneuve (Associated Press) for MSN

Washington: “A Rural Washington School Board Race Shows How Far-Right Extremists Are Shifting to Local Power” by Hannah Allam (Washington Post) for Seattle Times

Ethics

National: “Justice Dept. Forms New Domestic Terrorism Unit to Address Growing Threat” by Matt Zapotosky and Devlin Barrett (Washington Post) for MSN

National: “Judge Mulls Whether Trump’s Silence on Jan. 6 Could Amount to ‘Agreement’ with Rioters” by Josh Gerstein and Kyle Cheney (Politico) for MSN

New Mexico: “New Mexico Ethics Commission to Consider Charges Against Dow” by Robert Nott (Santa Fe New Mexican) for Yahoo News

New York: “Hochul’s Taxpayer-Funded Air Travel May Violate Ethics Rules” by Chris Bragg for Albany Times Union

Lobbying

Kentucky: “Senate Bill Would Block State Contracts If Bidders’ Lobbyists Are Convicted of Crimes” by John Cheves (Lexington Herald-Leader) for Yahoo News

Procurement

Florida: “Florida Officials Tried to Steer Education Contract to Former Lawmaker’s Company” by Lawrence Mower and Ana Ceballos (Tampa Bay Times) for Yahoo News

National/Federal

Bureau of Prisons Director to Resign After Scandal-Plagued Tenure During Pandemic
MSN – Brian Pietsch and Matt Zapotosky (Washington Post) | Published: 1/6/2022

Michael Carvajal, the director of the U.S. Bureau of Prisons whose tenure at the agency was marred by scandals and pandemic-induced struggles, will resign after nearly two years in the top position. In November, U.S. Sen. Richard Durbin called on Attorney General Merrick Garland to fire Carvajal after an investigation by the Associated Press found the Bureau of Prisons was a “hotbed of abuse, graft, and corruption [that] has turned a blind eye to employees accused of misconduct.”

Complaint Could Roil DOJ Foreign-Agent Prosecutions
Yahoo News – Josh Gerstein (Politico) | Published: 12/31/2021

A new legal ethics complaint from a businessperson charged in a prosecution involving unregistered foreign lobbying threatens to roil two major cases in the Justice Department’s effort to crack down on foreign influence in the U.S. political system. The complaint was filed with the Justice Department on behalf of Nickie Lum Davis. The submission alleges Public Integrity Section Principal Deputy Chief John Keller acted unethically by negotiating a plea deal with Davis’ attorney at the time, Abbe Lowell, while Keller was investigating Lowell in a separate inquiry into what a judge called a “bribery for pardon” probe.

Ethics Investigators in Congress Increasingly Run into Walls
San Juan Daily Star – Luke Broadwater (New York Times) | Published: 12/30/2021

As U.S. House ethics investigators were examining four cases this fall detailing a sweeping array of improper financial conduct by lawmakers, they ran into an obstacle: two of the lawmakers under scrutiny refused to meet with them or provide documents. The investigators were not surprised. Over the past decade, fewer and fewer House members have been willing to cooperate with congressional investigations, a development that ethics experts warn could reduce accountability for misdeeds and erode trust in the institution of Congress.

Facebook Groups Topped 10,000 Daily Attacks on Election Before Jan. 6, Analysis Shows
Anchorage Daily News – Craig Silverman, Craig Timberg, Jeff Kao, and Jeremy Merrill (Washington Post) | Published: 1/4/2022

Facebook groups swelled with at least 650,000 posts attacking the legitimacy of Joe Biden’s victory between Election Day and the January 6 siege of the U.S. Capitol, with many calling for executions or other political violence. The barrage, averaging at least 10,000 posts a day, turned the groups into incubators for the baseless claims supporters of then-President Trump voiced as they stormed the Capitol, demanding he get a second term. Many posts portrayed Biden’s election as the result of widespread fraud that required extraordinary action, including the use of force, to prevent the nation from falling into the hands of traitors.

Fear, Anger and Trauma: How the Jan. 6 attack changed Congress
MSN – Paul Kane, Mariana Sotomayor, and Jacqueline Alemany (Washington Post) | Published: 1/3/2022

A year after the insurrection at the U.S. Capitol, the House of Representatives can still look like a crime scene. Five metal detectors ring the outer doors to prevent weapons from getting onto the chamber floor. The trauma and fear from last year’s attack continue throughout the Capitol. Some lawmakers and staff continue to receive help from counselors to deal with post-traumatic stress. Shouting matches are common occurrences, with the potential for actual physical confrontation lingering. Interviews revealed a Congress that remains on edge and where worries about more violence are front of mind for many.

Garland: DOJ will hold those responsible for Jan. 6 riot accountable, whether they were present or committed other crimes
MSN – Matt Zapotosky and Devlin Barrett (Washington Post) | Published: 1/5/2022

Attorney General Merrick Garland vowed to hold all those responsible for the January 6 riot accountable, whether they were at the Capitol or committed other crimes surrounding the day’s events, saying investigators are methodically building more complicated and serious cases and would prosecute people “at any level.” Garland’s remarks came as he faces pressure to do and say more about the investigation, and to focus more acutely on the actions of former President Trump and his associates.

GOP Election Reviews Face Battleground State Legal Tests
Yahoo News – Zach Montellaro (Politico) | Published: 1/6/2022

Republicans running partisan reviews of the 2020 election results and Democrats trying to stop them are barreling toward court showdowns in two key swing states. Republican-led legislative chambers in Pennsylvania and Wisconsin are still forging ahead with investigations similar to earlier efforts in states such as Arizona, looking for evidence of fraud or other malfeasance in the vote. Election experts have warned that the reviews are a political vehicle for former President Trump and his followers to launder their conspiratorial beliefs about his loss into the mainstream under the guise of government investigation.

House Panel Asks Sean Hannity of Fox News to Cooperate in Jan. 6 Inquiry
New York Times – Michael Grynbaum and Luke Broadwater | Published: 1/4/2022

The House committee investigating the January 6 attack on the U.S. Capitol has requested that Sean Hannity, the Fox News host, respond to questions about his communications with former President Donald Trump and his staff in the days surrounding the riot. The committee detailed a series of text messages between the conservative host and senior officials in the Trump White House, illustrating Hannity’s unusually elevated role as an outside adviser to the administration. The texts suggest Hannity was aware of, and concerned about, what Trump was planning for January 6, and bracing for a possible mass resignation of top White House lawyers as a result.

Jan. 6 Committee Slams Trump Bid for Supreme Court Detour on Records Subpoena
Courthouse News Service – Kelsey Reichmann | Published: 12/30/2021

The committee investigating the January 6 riot at the U.S. Capitol urged the Supreme Court to deny a last-ditch effort from former President Trump to block congressional oversight of his records from the day. The opposition brief notes it was Trump who invited his supporters to the nation’s capital for an event and then encouraged them to march on the Capitol building, after the failure of his other efforts to overturn the 2020 election. Pointing to the landmark 1977 case that forced disclosure of the Nixon tapes, the committee contends Trump has only personal disagreement with the accurate application of precedent by the lower courts.

Nonfungible Tokens the New Fad for Campaign Fundraising
MSN – Gopal Ratnam (Roll Call) | Published: 1/4/2022

Some candidates are offering nonfungible tokens (NFTs) as part of their campaign fundraising. NFTs are a type of digital asset that may include things like posters, book covers, and sports cards and are identified by a unique code. Unlike cryptocurrencies, NFTs cannot be used in commercial transactions. Just as candidates seeking to raise money have always tapped into the hype of new technologies, the fascination with NFTs may be driven by its novelty, said Josh White of Vanderbilt University. If candidates allow donors to pay for NFTs using cryptocurrency, then it could open the door to campaign contributions from unknown donors, White said.

PAC Giving Continues to Give Some Companies Pause
MSN – Kate Ackley (Roll Call) | Published: 1/5/2022

After the violent attack on the Capitol one year ago, dozens of corporate PACs made the unusual move of turning off their political donations. Most resumed their giving within months. But a few will withhold donations to the 147 Republican members of Congress who voted against certifying Joe Biden’s victory in the Electoral College, at least through the 2022 midterm election cycle. The companies may be relying on other avenues of political influence, such as outside lobbyists to build connections with those members and their aides.

They Stormed the Capitol. Now They’re Running for Office.
Politico – Brittany Gibson | Published: 1/5/2022

The Jan. 6 storming of the Capitol is remembered as one of the darkest and most shameful episodes in American history. But at least 57 individuals who played a role in that day’s events – either by attending the rally that preceded the riots, gathering at the Capitol steps, or breaching the Capitol itself – are now running for elected office. Rather than disqualifying them from public service, the events appear to have served as a political springboard for dozens of Republicans who will be on the ballot this year for federal, state, and local offices.

Twitter Permanently Suspends Rep. Marjorie Taylor Greene’s Personal Account Over Covid-19 Misinformation
Yahoo Finance – Yelena Dzhanova and John Dorman (Business Insider) | Published: 1/2/2022

Twitter permanently suspended U.S. Rep. Marjorie Taylor Greene’s personal account for spreading COVID-19 misinformation. Only weeks after assuming office, Greene was stripped of her committee assignments, an extraordinary move taken by the Democratic-controlled House after Greene promoted a range of conspiracy theories and endorsed political violence on social media.

From the States and Municipalities

Alabama – 2-Week Campaign Fundraising ‘Blackout’ Starts Tuesday
Alabama Daily News – Mary Shell | Published: 1/6/2022

January 11 is the start of the legislative session in Alabama and a short “blackout” window in which candidates for state office cannot raise funds while lawmakers are meeting in Montgomery. In theory, the window keeps sitting legislators from accepting money while they are voting on bills. In practice, it now only covers about two of the possible 15 weeks of session. “It’s just stupid,” Rep. Mike Ball, chairperson of the House Ethics and Campaign Finance Committee, said about the blackout.

Alaska – Alaska Legislative Ethics Committee Tells Eagle River Lawmaker to Stop Blocking Critics on Facebook
Anchorage Daily News – James Brooks | Published: 12/27/2021

An Alaska legislative ethics committee concluded Sen. Lora Reinbold violated state law by blocking a critic from commenting on her legislative Facebook page. In part because the Legislature has not updated its social media policies since 2011, the committee recommended no punishment. The complaint was filed by Rick Sinnott, a retired Fish and Game biologist who challenged Reinbold’s statements about COVID-19 but saw those comments removed and himself banned from her page.

Arizona – Arizona Secretary of State’s Online Signature-Gathering System Breaks After Redistricting
Tucson Sentinel – Jeremy Duda (Arizona Mirror) | Published: 1/5/2022

Voters who want to sign online petitions and the candidates who need those signatures to get their names on the ballot this November are being thwarted by a glitch in the Arizona secretary of state’s system caused by the redistricting process. In counties that are overseeing springtime municipal elections, the glitch likely will not be fixed until nearly the deadline for candidates to file signatures so they can appear on the ballot.

Arizona – GOP Officials in Arizona’s Largest County Confirm 2020 Election Was Secure in Rebuttal to Trump Claims
MSN – Rosalind Helderman (Washington Post) | Published: 1/5/2022

The November 2020 election in Arizona’s largest county was administered properly and not marred by fraud, the Republican-led local government concluded in a report. The document debunks, one by one, vague allegations of potential problems previously identified by the GOP-led state Senate and championed by former President Trump and his allies. Maricopa County officials said the rebuttal, released on the eve of the anniversary of the January 6 attack on the U.S. Capitol, was intended to highlight the ongoing dangers of unfounded claims of mass election fraud.

California – San Diego Publishes a Beginner’s Guide to Participating in City Lawmaking
San Diego Union Tribune – Morgan Cook | Published: 12/31/2021

Do you want to get involved in making and changing laws in San Diego, but are not sure how? There is a brochure for that. The city created “Making a Difference: A Beginners Guide to Affecting Municipal Laws in the City of San Diego” to help residents participate in local government. The pamphlet is available on the city clerk’s website. Included in the guide is information about lobbying rules, making public comments at council and committee meetings, and suggesting ballot proposals.

Colorado – Failed Colorado Congressional Candidates Still Have Lots of Campaign Money. Here’s Why.
Durango Herald – Jesse Paul and Sandra Fish (Colorado Sun) | Published: 12/28/2021

When U.S. Sen. Cory Gardner of Colorado lost his 2020 reelection bid, his campaign still had $1.2 million in the bank. Nearly a year later, most of the money was still there. Gardner’s leftover campaign cash is not unusual, however. When a candidate ends a congressional bid, they can choose to close their accounts or keep the money with an eye toward the future and sometimes another campaign, which the dollars can be used toward. Political consultant Tyler Sandberg said there is no uniform reason campaigns keep their leftover cash. “But people don’t leave that money out there for no reason – there’s always a strategy behind it,” Sandberg said.

Delaware – New Law Could Give Campaign Finance Scofflaws a Big Break
MSN – Randall Chase (Associated Press) | Published: 12/27/2021

Delaware election officials have failed to act as mandated by law against candidates and committees who have not filed required campaign finance reports, but the scofflaws could escape liability under a new law that became effective January 1. Candidates and committees owed more than $623,000 in fines for failing to file campaign finance reports on time. The Department of Elections appears to have done little to collect the outstanding fines or to enforce the reporting requirements. The new law eliminates the mandatory $50 daily fine and instead says the commissioner “may” issue a citation.

Delaware – Sen. Darius Brown’s Criminal Trial Starts Wednesday After Misdemeanor Arrest in May
Yahoo News – Sarah Garland (Delaware News Journal) | Published: 1/5/2022

The trial of Delaware Sen. Darius Brown began in a case that has revealed inconsistencies in how lawmakers are treated and could end Brown’s legislative career. Delaware State Police charged Brown with offensive touching and disorderly conduct after police said the senator punched an acquaintance and threw a glass of water in a restaurant. In the General Assembly, Brown has faced multiple punishments for the arrest and a separate incident where he allegedly got into a verbal altercation with Rep. Melissa Minor-Brown. The Senate plans to conduct its first ethics inquiry in 35 years into Brown’s behavior.

Florida – Clearwater Art Exhibit Used Trash to Make a Point, Then Questions Arose
Yahoo News – Tracey McManus (Tampa Bay Times) | Published: 1/4/2022

Citizens can visit nine locations throughout Clearwater to see garbage transformed into art. Lina Teixeira, a city council candidate, organized the exhibit, in which she and eight others created artwork using cigarette butts, plastic bottles, and other trash that had been collected during a community-wide cleanup. But the project also created an ethical mess. Teixeira received a $6,000 grant from the Downtown Development Board. She said her portion covered a fraction of her costs to install and market the exhibit. “As a city council candidate, does her request to use city facilities as display sites represent a conflict of interest?” Clearwater cultural affairs coordinator Chris Hubbard asked City Attorney David Margolis in an email.

Florida – Gov. Ron DeSantis Moves Jacksonville News Conference After Protest and Handcuffing of Community Leader
Yahoo News – Dan Scanlan (Florida Times-Union) | Published: 1/4/2022

Florida Gov. Ron DeSantis had to make new arrangements for his recent news conference in Jacksonville after a handful of people protested and refused to leave the Duval County Department of Health building. Activist Ben Frazier was detained by officers after being warned he was trespassing if he would not leave as asked. He was handcuffed and escorted from his motorized wheelchair to a patrol vehicle. The governor’s staff said the event was private and for credentialed media only.

Florida – Miami-Dade Prosecutors Target Prominent Political Consultants in Sham Candidate Case
Bakersfield Californian – Samantha Gross, Ana Ceballos, and David Ovalle (Miami Herald) | Published: 1/5/2022

Prosecutors appear to be targeting prominent Republican and Democratic operatives in Florida for potential criminal charges stemming from a 2020 Miami-Dade County election scheme marked by sham candidates. The criminal case is focused on whether former Sen. Frank Artiles paid an auto-parts dealer who shared the same surname as the Democratic incumbent more than $40,000 to run as a no-party candidate in the race for Senate District 37 to “confuse voters and influence the outcome” of the 2020 election, according to his arrest affidavit.

Hawaii – Former Solar Executive Will Head Ethics Commission
Honolulu Civil Beat – Stewart Yerton | Published: 1/3/2022

Robert Harris, a former Sierra Club director and corporate lawyer, was selected executive director and general counsel of the Hawaii State Ethics Commission. For the past eight years, Harris has been the director of public policy at Sunrun, a solar energy company.

Illinois – As Federal Case Still Orbits Madigan, What’s Next for the ComEd Bribery Probe?
Bloomington Pantagraph – Jason Meisner (Chicago Tribune) | Published: 1/3/2022

It is Illinois’ biggest federal corruption investigation in years, but the most remarkable thing about the Commonwealth Edison (ComEd) bribery probe in 2021 might be what did not happen. At the beginning of the year, Michael Madigan, the then-powerful House speaker whose grip on the General Assembly was exposed as “Public Official A” in the ComEd scandal and again in a postelection indictment of a key player and others alleging ComEd paid bribes to win his influence. With the grand jury investigation still open, 2022 is certain to bring more speculation over whether Madigan will ever be charged. He has repeatedly denied wrongdoing.

Indiana – These Special Interest Groups Spend the Most on Lobbying Indiana Lawmakers
Indianapolis Star – Tony Cook | Published: 1/3/2022

Special interests spent more than $115 million over the past five years on lobbying to influence the Indiana General Assembly. The biggest spenders have a deeply vested financial interest in what happens at the Capitol. The biggest spender was telecommunications giant AT&T. The phone and internet service provider spent more than $1.7 million on lobbying over the past five years.

Kentucky – Convicted Former Top KY Democrat Makes a Case for U.S. Supreme Court Consideration
Lexington Herald-Leader – Austin Horn | Published: 12/31/2021

A month after he reported to prison, prominent businessperson and former Kentucky Democratic Party chief Jerry Lundergan asked the U.S. Supreme Court to consider overturning his conviction for illegally funneling $200,000 to his daughter’s political campaign. The petition states the federal ban on corporate contributions is unconstitutional when applied to donations from a close family member, as Lundergan gave the money to his daughter Alison Lundergan Grimes in her 2014 challenge against U.S. Sen. Mitch McConnell.

Maryland – Omicron Scrambles Lawmakers’ Pre-Session Fundraisers
Maryland Matters – Josh Kurtz | Published: 1/3/2022

For Maryland lawmakers, there is always a fundraising scramble in early January leading up to the start of the General Assembly session, when a 90-day blackout on raising money kicks in for state legislators, the governor, lieutenant governor, attorney general, and comptroller. According to lists of political events supplied by three Annapolis lobbying firms, at least 55 fundraisers for state lawmakers are on tap, including one hours before the annual legislative session begins on January 12. But COVID-19 has changed everything.

Michigan – Feds Demand Ex-Detroit Councilman Spivey Get Stiff Prison Sentence
Detroit News – Robert Snell | Published: 1/5/2022

Prosecutors said former Detroit City Councilperson André Spivey should spend more than three years in federal prison for pocketing more than $35,000 in bribes and sacrificing the best interests of city residents. They asked that Spivey be sentenced to 40 months for receiving bribes from a towing industry official who was seeking favors and trying to buy the council member’s vote. He received the money on eight separate occasions during a five-year period. Spivey is the highest-ranking person convicted in an ongoing crackdown on public corruption within city government and the police department.

Michigan – Ungerrymandered: Michigan’s maps, independently drawn, set up fair fight
MSN – Nick Corasaniti (New York Times) | Published: 12/29/2021

One of the country’s most gerrymandered political maps has suddenly been replaced by one of the fairest. A decade after Michigan Republicans gave themselves seemingly impregnable majorities in the state Legislature by drawing districts that heavily favored their party, a new independent commission approved maps that create districts so competitive that Democrats have a chance of recapturing the state Senate for the first time since 1984. The work of the new commission stands in contrast to the type of hyper-partisan gerrymandering that has swept much of the country, and it may highlight a potential path to undoing such gerrymandering.

New Mexico – Ethics Agency Calls for Firmer Disclosure Laws
Yahoo News – Dan McKay (Albuquerque Journal) | Published: 1/2/2022

The New Mexico Ethics Commission is recommending increased transparency requirements for lobbyists, such as disclosure of what bills they are working on and the provisions they are advocating for or against. State lawmakers, a handful of whom are married to lobbyists, would also have to disclose before voting if any family member lobbied on a bill. The commission is also proposing that lawmakers release more information about their sources of income and business relationships. the recommendations are designed to shed more light on potential conflicts at the Capitol.

New York – Hochul Charts New York’s Recovery in First State of State Speech
New York Times – Luis Ferré-Sadurní and Grace Ashford | Published: 1/5/2022

In her first State of the State address, Gov. Kathy Hochul outlined her vision for shepherding New York through its recovery from the coronavirus pandemic, while vowing to open a new chapter of ethical, more transparent government. Hochul faces a contested Democratic primary in June, her first election since she unexpectedly ascended to the state’s highest job after former Gov. Andrew Cuomo resigned in August. She positioned herself as a champion of good government, proposing to overhaul the state ethics commission.

New York – Internal Strife Engulfs New York’s Ethics Panel
Albany Times Union – Brendan Lyons | Published: 12/30/2021

The internal strife within the New York Joint Commission on Public Ethics (JCOPE) follows years of criticism by many lawmakers, and some commissioners, about its alleged unwillingness to pursue meaningful investigations of top government officials, including former Gov. Andrew Cuomo. Gov. Kathy Hochul has suggested the panel needs to be disbanded and replaced by an ethics body whose members are not appointed by the governor or other top lawmakers.

New York – Over 4 Months, Hochul’s Office Discloses No Meetings with Lobbyists
Albany Times Union – Chris Bragg | Published: 12/28/2021

In the four months since Kathy Hochul became governor of New York, a public database, Project Sunlight, has not listed a single meeting between her administration and interests seeking to influence policymaking. Lobbyists themselves, however, reported having more than 200 instances of directly lobbying Hochul’s office on behalf of various interests in September and October that concerned regulations, rate making, and procurement – all topics covered by a 2011 disclosure law.

New York – Trump, Ivanka, Don Jr. Subpoenaed in New York AG’s Probe
Yahoo News – Michael Sisak (Associated Press) | Published: 1/3/2022

The New York attorney general’s office subpoenaed former President Trump and his two eldest children, Ivanka and Donald Trump Jr., demanding their testimony in an investigation into the family’s business practices. Attorney General Letitia James’ office said the subpoenas are part of a civil probe involving matters including “the valuation of properties owned or controlled” by Trump and his company. Lawyers for the Trumps filed court papers to block the subpoenas, accusing James of attempting to obtain testimony that could then be used against the Trumps in a parallel criminal investigation being overseen by Manhattan District Attorney Alvin Bragg.

North Dakota – AG Opinion Gives Clarification to North Dakota Ethics Panel
Bismarck Tribune – Jack Dura | Published: 12/30/2021

North Dakota Attorney General Wayne Stenehjem concluded that a crucial section of the state constitution’s ethics amendment appears constitutional. His opinion gives clarification to the state Ethics Commission on its path in making rules for conflicts-of-interest. The language deals with state officials avoiding the appearance of bias and disqualifying themselves from “quasi-judicial” proceedings, such as members of the Public Service Commission, when campaign contributions create a perceived bias. It takes effect in 2022.

Ohio – From Pancaking and Coingate to ECOT and House Bill 6: 50 years of Ohio public corruption cases
Yahoo News – Laura Bischoff (Columbus Dispatch) | Published: 12/29/2021

Ohio is embroiled in the biggest public corruption case in state history and the largest open inquiry in any statehouse in the country. In June 2021, lawmakers expelled Larry Householder from his legislative seat, nearly a year after he was charged in a federal racketeering case. Householder, who was investigated by federal authorities two decades ago during his first stint as speaker, has pleaded not guilty. The racketeering case is expected to go to trial in 2022. But he is far from the first public official to be embroiled in scandal.

Pennsylvania – Pa. Court Rules Against Former Pittsburgh Councilwoman Darlene Harris in Campaign Finance Case
Pittsburgh Tribune-Review – Paula Reed Ward | Published: 12/28/2021

A state appellate court ruled former Pittsburgh City Councilperson Darlene Harris must pay fines levied against her for failing to file financial disclosure reports during her campaign in 2019. The Commonwealth Court found the $4,150 fine levied against Harris was not excessive and was properly authorized. The ordinance, enacted by the city in 2015, requires candidates for office to provide a campaign finance report on the first business day of each of three months leading up to Election Day.

Rhode Island – GOP Rhode Island Lawmaker Under Fire for Suggesting She Lost a Black Friend to Critical Race Theory
The Day – Timothy Bella (Washington Post) | Published: 12/29/2021

Rhode Island Rep. Patricia Morgan is facing backlash after suggesting critical race theory cost her a friendship. “I had a Black friend. I liked her and I think she liked me, too,” tweeted Morgan. “But now she is hostile and unpleasant. I am sure I didn’t do anything to her, except be White.” The tweet was met with criticism from state Republicans and Democrats who called her comments “ignorant and embarrassing.” Her message also spawned the hashtag #IHadAWhiteFriend, with commenters giving serious and satirical examples of the gap in shared experiences between Black and White people.

South Carolina – Eyeing Corruption Scandals, Gov. McMaster Puts Ethics on the Agenda for 2022
Greenwood Index-Journal – Avery Wilks (Charleston Post and Courier) | Published: 1/5/2022

South Carolina Gov. Henry McMaster wants to beef up a pair of watchdogs that investigate government misconduct, make the state’s scandal-scarred sheriffs attend ethics training, and shine more light on special interests that secretly influence city and county councils. The governor will package those proposals into his soon-to-be-unveiled executive budget, calling on lawmakers to spend some $3.4 million more per year on measures meant to repair South Carolinians’ faith in their government.

Campaign Finance

National: “Nonfungible Tokens the New Fad for Campaign Fundraising” by Gopal Ratnam (Roll Call) for MSN

Colorado: “Failed Colorado Congressional Candidates Still Have Lots of Campaign Money. Here’s Why.” by Jesse Paul and Sandra Fish (Colorado Sun) for Durango Herald

Maryland: “Omicron Scrambles Lawmakers’ Pre-Session Fundraisers” by Josh Kurtz for Maryland Matters

Ethics

National: “Fear, Anger and Trauma: How the Jan. 6 attack changed Congress” by Paul Kane, Mariana Sotomayor, and Jacqueline Alemany (Washington Post) for MSN

Florida: “Clearwater Art Exhibit Used Trash to Make a Point, Then Questions Arose” by Tracey McManus (Tampa Bay Times) for Yahoo News

New York: “Trump, Ivanka, Don Jr. Subpoenaed in New York AG’s Probe” by Michael Sisak (Associated Press) for Yahoo News

Lobbying

California: “San Diego Publishes a Beginner’s Guide to Participating in City Lawmaking” by Morgan Cook for San Diego Union Tribune

Redistricting

Michigan: “Ungerrymandered: Michigan’s maps, independently drawn, set up fair fight” by Nick Corasaniti (New York Times) for MSN

The Michigan Bureau of Elections posted the Lobby Registration Act 2022 Reporting Thresholds, which change every year in January to reflect the change in the consumer price index for Detroit.

The thresholds for individual lobbyist compensation and for employer expenditures on a single official increased from $650 to $675.

Exempt expenditures increased from $13 to $14.

The threshold for an employer making lobbying expenditures increased from $2,575 to $2,675 for any 12-month period.

The financial transaction threshold between a registered employer or lobbyist and a public official increased from $1,300 to $1,350.

The reporting threshold for travel and lodging reimbursements increased from $850 to $875.

Monthly food and beverage expenditures allowance for a public official increased from $64 to $66, while the $400 threshold for food and beverages purchased between January 1 and the end of the reporting period remains the same as last year.

Employee reimbursements increased from $26 to $27, and the general gift threshold also increased from $64 to $66.

Late filing fees increased from $26 a day up to a maximum of $780, to $27 with an $810 maximum.