September 26, 2024 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance Ohio: “Ohio’s Controversial Ban on Foreign Contributions to State Ballot-Issue Campaigns Takes Effect, at Least for Now” by Jeremy Pelzer (Cleveland Plain Dealer) for MSN Tennessee: “Tennessee Registry Reports Cothren Attorney to Disciplinary Board” by Sam Stockard (Tennessee Lookout) for Yahoo News […]

September 24, 2024 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Elections Arizona: “Arizona’s Top Court Says Voters Missing Citizenship Proof Can Receive Full Ballots” by Patrick Marley and Yvonne Wingett Sanchez (Washington Post) for MSN Nebraska: “State Sen. Mike McDonnell Deflates GOP Hopes for Nebraska Winner-Take-All in 2024” by Aaron Sanderford for Nebraska Examiner […]

September 20, 2024 • Written by Jim Sedor

News You Can Use Digest – September 20, 2024

National/Federal In New York Case, Signs of a Familiar China Playbook DNyuz – David Pierson (New York Times) | Published: 9/16/2024 Before Linda Sun, a former senior aide in the New York governor’s office, was charged with using her position benefit the […]

National/Federal

In New York Case, Signs of a Familiar China Playbook

DNyuz – David Pierson (New York Times) | Published: 9/16/2024

Before Linda Sun, a former senior aide in the New York governor’s office, was charged with using her position benefit the Chinese government, suspected cases of Chinese foreign meddling had been on the rise in Western democracies. The intelligence work is focused on influencing political discourse so that it leans more favorably toward China’s positions on contentious issues like the status of Taiwan. China’s attempts to interfere with Western democracies are likely to grow more acute as relations between Beijing and the West fray, said Anne-Marie Brady, a political scientist at the University of Canterbury in New Zealand.

How Roberts Shaped Trump’s Supreme Court Winning Streak

DNyuz – Jodi Kantor and Adam Liptak (New York Times) | Published: 9/15/2024

In a momentous trio of January 6-related cases last term, the U.S. Supreme Court found itself more entangled in presidential politics than at any time since the 2000 election, even as it was contending with its own controversies related to that day. Chief Justice John Roberts responded by deploying his authority to steer rulings that benefited Donald Trump, according to a New York Times examination that uncovered new information about the court’s decision making.

Violent Threats and Attacks Escalate Tensions in Trump-Harris Race

MSN – Hannah Knowles and Hannah Allam (Washington Post) | Published: 9/17/2024

The 2024 election season has been repeatedly marked by extraordinary acts and threats of violence that have become a more contentious issue in the presidential race, escalating tensions in an already heated political environment and prompting heightened security measures at events with seven weeks of campaigning left to go. While the country’s history includes examples of violence upending campaigning and governance, this year’s race stands out from others in recent memory, experts said, with some long-simmering fears of violent acts breaking into the open.

The Rush to Get Close to Kamala Harris and Her Inner Circle Is On

MSN – Hailey Fuchs (Politico) | Published: 9/19/2024

Lobbyists are scrambling to figure out Kamala Harris. Lobbyists spent decades cultivating ties with President Biden’s inner circle; Harris has spent less than eight years in Washington. During her time as a U.S. senator, Harris’ office was seen as either ambivalent to or dismissive of the requests of corporate interests. During her years as vice president, she was seen as superfluous to the core policymaking process. But K Street is now setting its sights on the new Democratic ticket-leader and rushing to catch up on years of relationship-building.

Abortion Foes Use Government Power to Fight Red-State Ballot Measures

MSN – Molly Hennessy-Fiske, Lori Rozsa, and Annie Gowan (Washington Post) | Published: 9/12/2024

An unprecedented number of abortion initiatives are on state ballots this November, nearly all seeking to protect reproductive rights, but opponents are trying to defeat them even before the start of voting through legal challenges, administrative maneuvers, and critics say, outright intimidation. In part, the intensity reflects what is at stake. Since the fall of Roe v. Wade in 2022, every ballot measure put before voters has been approved, including in red states like Ohio. Those seeking to restrict abortion access have failed, even in conservative Kansas.

Vance Amplifies False Claims About Haitian Migrants in Ohio

MSN – Sarah Ellison, Mariana Alfaro, and Lisa Rein (Washington Post) | Published: 9/15/2024

Soon after his unsubstantiated comments on Haitian immigrants in Springfield, Ohio, sparked a national firestorm and spurred violent threats in the town, U.S. Sen. JD Vance doubled down on his baseless claims that Haitians are eating their neighbors’ pets “to draw attention to the Biden-Harris immigration policies.” In a contentious interview on CNN, Vance said if he has to “create stories so that the American media actually pays attention to the suffering of the American people, then that’s what I’m going to do.”

How This Lawsuit Against the IRS Aims to Allow Churches a Greater Role in Politics

MSN – Angele Latham (Nashville Tennessean) | Published: 9/16/2024

A federal rule bans tax-exempt organizations organized under 501(c)(3) of the tax code from “directly or indirectly” participating in politics, specifically in endorsing or opposing candidates. A lawsuit filed by Chistian groups challenges the rule by alleging their speech has been “wrongfully silenced.” Although the IRS often sets churches to 501(c)(3) status by default, the churches in the complaint would likely receive the political benefits they are seeking if they switched registration to 501(c)(4) but the move would mean losing their tax benefits, said Jennifer Safstrom, a professor at Vanderbilt Law School.

From the States and Municipalities

Canada – Affordable Housing Advocate Penalized for Not Registering as a Lobbyist with City of Hamilton

CBC – Samantha Beattie | Published: 9/18/2024

One of Hamilton’s most vocal affordable housing advocates is being penalized for not registering as a lobbyist with the city before contacting officials on dozens of occasions and in some instances requesting land or money for projects. Graham Cubitt is not allowed to lobby with any city staff or elected officials for 30 days, said lobbyist registrar David Boghosian, who is also the city’s integrity commissioner.

Arizona – Chandler Council Member, Accused of Corruption, Seeks Millions … from Chandler

Bears Wire – Sam Kmack (Arizona Republic) | Published: 9/14/2024

A sitting Chandler City Council member is suing the city she represents, seeking millions of dollars for slander because the city falsely divulged the FBI was investigating her for political corruption. Jane Poston claims former police Chief Sean Duggan and current Assistant Chief Dave Ramer defamed her, caused her emotional distress, and harmed her private public relations company.

Arizona – Court May Decide If Arizonans with Missing Citizenship Records Can Vote in State Races

MSN – Yvonne Wingett Sanchez and Patrick Marley (Washington Post) | Published: 9/17/2024

A key election official in Arizona’s Maricopa County asked the state’s highest court to prohibit nearly 100,000 longtime residents from voting in state and local races this fall after discovering the state has no record of asking them for documents proving their U.S. citizenship. Like other states, Arizona requires voters to swear they are citizens when they register to vote. But for 20 years, Arizona law has gone further and required residents to show birth certificates, naturalization papers, or other documents proving citizenship to vote in state and local elections.

California – Oakland Ethics Commission Declines Proposed Settlement with Libby Schaaf

MSN – Eli Wolfe (Oaklandside) | Published: 9/17/2024

The Oakland Public Ethics Commission rejected the advice of its staff by refusing to settle a sprawling set of campaign finance cases involving violations by former Oakland Mayor Libby Schaaf. Several commissioners said they feel the proposed settlement negotiated by commission staff and Schaaf’s attorney does not transparently show how much Schaaf and others will be fined for breaking multiple election rules. The commission met to consider five cases that involved Schaaf and others ranging from the Oakland Chamber of Commerce’s PAC, the Oakland police union, contractors, campaign consultants, and political groups.

California – California Legislature’s Unwritten Rule: Negotiate in secret with lobbyists, not in public

MSN – Ryan Sabalow (CalMatters) | Published: 9/18/2024

An analysis of every vote cast in the past five years shows Democrats who control the California Legislature vote “no” on average less than one percent of the time, suggesting the fates of most bills are decided before votes are cast. The original language in almost all bills that navigate the legislative process is usually changed through amendments added in committees. That can be a high-stakes discussion done in secret between legislators and staff and lobbyists. When there are political consequences or money is involved, the governor’s office or legislative leaders can also shape bills behind the scenes.

California – California Passes Package of Laws to Combat Election Deepfakes

MSN – Felix Ng (Cointelegraph) | Published: 9/17/2024

California Gov. Gavin Newsom signed into law bills to crack down on politically themed Artificial Intelligence (AI) deepfakes during elections. It comes only weeks after Elon Musk re-posted a parody of a Kamala Harris campaign ad on X that garnered millions of views and used AI-powered voice manipulation to make it seem Harris called herself an incompetent presidential candidate.

California – San Jose Councilmembers Team Up to Lobby City

San Jose Spotlight – Brandon Pho | Published: 9/16/2024

San Jose City Councilperson Sergio Jimenez is jumping into the elected official to lobbyist pipeline. He has formed a new consulting firm before terming out of his council seat at the end of this year. Joining him is former Councilperson Raul Peralez, a San Jose police officer who started his own consulting business after leaving office. It is the latest instance of the city’s “revolving door” through which government officials become paid lobbyists, which has prompted concern over the years about unfair deal making advantages.

California – Silicon Valley Political Groups Fail to Meet Transparency Requirements

San Jose Spotlight – Brandon Pho | Published: 9/14/2024

Nearly 40 campaign committees in Santa Clara County failed to file transparency reports by legal deadlines since 2018, in many cases even after receiving two written warnings. Nearly 30 of those committees have been flagged to county prosecutors and state watchdogs for investigation. For candidates who are new to politics, missed deadlines are an inevitable learning curve. But experts argue more experienced elected officials and candidates who should be well acquainted with the rules are likely ignoring them.

Colorado – Utilities Have to Itemize Some Political Spending in Other States. They Want Regulators to Keep It Secret in Colorado

Colorado Public Radio – Ishan Thakore | Published: 9/17/2024

Colorado lawmakers passed the Utility Regulation Act following a spike in energy bills. The law prevents investor-owned utilities from charging customers for a broad set of political activities, including meetings with lawmakers to influence legislation, some types of advertising, and membership dues to lobbying groups. The law requires utilities to submit an annual report about their spending. But lawmakers left it to regulators to determine much of the law’s fine print, including how much detail utilities must include in the report. Consumer advocates and utilities are now fighting over the scope of the law.

Florida – Ethics Commission: Lobbyist never cashed Baxter’s reimbursement checks for trip, VIP dinner

Austin American-Statesman – Mike Diamond (Palm Beach Post) | Published: 9/18/2024

The Palm Beach County Commission on Ethics cited lobbyist Ron Book for failing to cash checks totaling $600 from county Commissioner Sara Baxter for a ride on his private jet to Tallahassee to attend the inauguration of Gov. Ron DeSantis in January 2023. Sitting on the checks after 90 days of receiving them turned the trip and the dinner into gifts, which means Baxter had to report them as such, and she did not. The commission has not charged Baxter with any wrongdoing but the ethics agency is investigating her, too.

Florida – Trial Begins in Alleged Florida Election Conspiracy That Tilted a Miami Senate Race

MSN – Charles Rabin (Miami Herald) | Published: 9/15/2024

A criminal case that opened a window to a plot to help Republicans win important 2020 Florida Senate races by propping up fake progressive candidates with shadowy money is finally headed to trial, with a political operative fighting the charges. State prosecutors are expected to claim in court that former state Sen. Frank Artiles, a Republican, masterminded a scheme to tilt the results of a tight race in Miami by recruiting and paying a straw candidate to siphon votes away from the Democratic incumbent.

Georgia – Georgia Lieutenant Governor Won’t Face Charges Connected to 2020 Election

MSN – Holly Bailey (Washington Post) | Published: 9/13/2024

A special prosecutor concluded criminal charges should not be brought against Lt. Gov. Burt Jones for his role in helping Donald Trump overturn his election loss in Georgia. Jones faced scrutiny because he was one of 16 state Republicans who signed a certificate falsely claiming Trump won Georgia in 2020 and declaring themselves to be the “duly elected and qualified electors from Georgia.” As a state senator, Jones also sought to convene a special session of the Legislature aimed at reversing Joe Biden’s narrow victory in the state.

Georgia – Judge in Georgia Election Case Knocks Out 2 Charges Against Trump

MSN – Josh Gerstein (Politico) | Published: 9/12/2024

A judge overseeing the Georgia case charging Donald Trump with conspiring to interfere in the 2020 election tossed out three more of the prosecution’s charges, two of which involve the former president. Fulton County Superior Court Judge Scott McAfee said the three counts were legally flawed because they involved claims that Trump or his allies violated state law by submitting fraudulent documents to a federal court in Atlanta.

Illinois – City Council Cracks Down on Lobbyist Campaign Donations to Mayor after Johnson Took Contributions

WBEZ – Tessa Weinberg | Published: 9/18/2024

The Chicago City Council passed an ethics ordinance aimed at sanctioning lobbyists for contributions to mayoral candidates after Mayor Brandon Johnson dropped his opposition to the plan. The penalties close an enforcement gap in a 13-year-old ethics rule put in place by former Mayor Rahm Emanuel that prohibits lobbyists from donating to a mayor’s political fund. The reform broadens the original ban by expanding the restrictions to contributions made to mayoral candidates’ political committees, not just the incumbent mayor’s.

Kentucky – Complaint Filed Against a Top Kentucky Democrat for Condo Purchase. She Says It’s Ethical.

Yahoo News – Austin Horn (Lexington Herald-Leader) | Published: 9/16/2024

An ethics complaint was filed against House Minority Caucus Chairperson Cherlynn Stevenson for jointly purchasing a Frankfort condominium with a lobbyist. But Stevenson has copies of correspondence with the Kentucky Legislative Ethics Commission, the body that handles such complaints, clearing her to purchase the condo with Sarah Bowling earlier this year.

Nebraska – Nebraska Accountability and Disclosure Commission Seeks New Director as Hunter Steps Back

Nebraska Examiner – Aaron Sanderford | Published: 9/16/2024

The Nebraska Accountability and Disclosure Commission needs a new executive director about a year after promoting a leader from within. David Hunter asked to return to his previous job as deputy director for personal reasons, officials said. Hunter succeeded Frank Daley, who retired after a quarter century as executive director.

New Jersey – Atlantic City Mayor and Wife Indicted for Alleged Child Abuse

MSN – Daniel Han (Politico) | Published: 9/18/2024

Atlantic City Mayor Marty Small Sr. and his wife, who is the city’s superintendent of schools, face criminal charges for allegedly abusing their teenage daughter. According to prosecutors, Small Sr. and La’Quetta Small physically assaulted their daughter, who was 15 to 16 years old during the time of the alleged abuse. Small Sr. is the latest Atlantic City elected official to face criminal charges.

New Mexico – Judge Orders ‘Dark Money’ Group Back to Court for Failure to Register, Disclose Donors

Yahoo News – Daniel Chacón (Santa Fe New Mexican) | Published: 9/16/2024

A judge is considering holding a “dark money” group in contempt for failing to comply with an order to register as a political committee and disclose its donors. The New Mexico Project aims to “empower the moderate Latino electorate,” according to its website, and supported a slate of legislative candidates in the Democratic primary. Judge Joshua Allison issued a preliminary injunction requiring the group to register no later than September 4 and report its expenditures and contributions no later than September 9. The group has done neither.

New York – Ex-FDNY Chiefs Indicted on Federal Bribery Charges in ‘Pay-to-Play Corruption’ Scheme

Gothamist – Matt Katz and Elizabeth Kim | Published: 9/16/2024

Two former New York Fire Department chiefs accepted at least $190,000 in bribes in exchange for fast-tracking approvals of buildings’ fire alarm systems, according to an indictment. Anthony Saccavino and Brian Cordasco were the top two chiefs at the department’s bureau of fire prevention, which issues approvals for alarm and suppression systems in businesses and buildings. According to the indictment, from 2021 to 2023 they worked through a retired firefighter who, acting as a middleman, promised to expedite reviews and inspections in exchange for cash.

New York – Mayor Adams’ Team Asked Campaign Watchdog for More Time – Citing Federal Investigation

Gothamist – Brigid Bergin | Published: 9/12/2024

Mayor Eric Adams’ team wrote in a letter to New York City’s campaign finance watchdog that the campaign needed more time to respond to questions about apparent sloppy recordkeeping because its lawyer was too busy dealing with a federal inquiry. The Campaign Finance Board granted multiple deadline extensions to respond to an audit of Adams’ 2021 mayoral campaign. The audit sought additional documentation for $2.3 million in expenses.

New York – Mayor Adams’ Chief Counsel Lisa Zornberg Resigned Over Rebuffed Advice to Fire Officials Amid Probe

MSN – Chris Sommerfeldt (New York Daily News) | Published: 9/16/2024

Lisa Zornberg, New York City Mayor Eric Adams’ former chief counsel, resigned after the mayor rejected her advice to fire several top administration officials ensnared in federal corruption investigations, according to two sources familiar with the matter. Zornberg presented Adams with the recommendation for firings after concluding an internal review of Ray Martin, a lower-level aide in the mayor’s Community Affairs Unit, the sources said.

New York – New York City Police Commissioner Resigns After His Phone Was Seized in Federal Investigation

Yahoo News – Jake Offenhartz and Michael Sisak (Associated Press) | Published: 9/12/2024

New York City Police Commissioner Edward Caban resigned, one week after it emerged his phone was seized as part of federal investigation that touched several members of Mayor Eric Adams’ inner circle. Federal authorities are also investigating Caban’s twin brother, James Caban, a former police sergeant who runs a nightclub security business, according to a person familiar with the matter.

Ohio – SEC Sues Ex-FirstEnergy CEO Jones; Conspiracy Charge Brought Against Him, Ex-Exec Dowling

MSN – Patrick Williams (Akron Beacon Journal) | Published: 9/13/2024

Two former FirstEnergy executives were indicted \on an additional conspiracy charge for their alleged roles in a “pay-to-play” scheme. The indictment also included amended charges against former Chief Executive Officer Chuck Jones and former Senior Vice President of External Affairs Michael Dowling. As part of a separate lawsuit, the U.S. Securities and Exchange Commission filed a complaint against Jones, alleging he misled investors about the utility’s payments to former Ohio House Speaker Larry Householder in a “pay-to-play” scheme.

Ohio – Ohio Sheriff Says to ‘Write Down’ Addresses of Homes with Harris Signs

MSN – Praveena Somasundaram (Washington Post) | Published: 9/16/2024

A sheriff in Ohio who made disparaging remarks about Vice President Kamala Harris and immigrants on social media is suggesting local residents compile a list of addresses where they see yard signs in support of the Democratic presidential nominee. Sheriff Bruce Zuchowski’s Facebook posts sparked tension across Portage County, which Donald Trump carried by 12 points in the 2020 election. Some residents accused Zuchowski of voter intimidation ahead of November’s election.

Ohio – Ohio Supreme Court Clears Ballot Language Saying Anti-Gerrymandering Measure Calls for the Opposite

MSN – Julie Carr Smyth (Associated Press) | Published: 9/16/2024

The Ohio Supreme Court let stand ballot language that will describe this fall’s Issue 1 as requiring gerrymandering, when the proposal is intended to do the opposite. The bipartisan proposal calls for replacing Ohio’s troubled political map-making system with a citizen-led commission of Republicans, Democrats, and independents. The proposal emerged after seven different versions of congressional and legislative maps created after the 2020 Census were declared unconstitutionally gerrymandered to favor Republicans.

Oklahoma – Ethics Questions Swirl as Oklahoma Lawmaker Stands to Profit from Potential Solar Farm in His District

KOSU – Lionel Ramos | Published: 9/17/2024

Oklahoma Rep. Justin Humphrey met with about a dozen landowners in his district to discuss a deal. He said a company was looking to buy 5,000 of land to build a solar farm. Humphry also acknowledged he and his brothers were selling land they owned in the proposed deal. State ethics rules say lawmakers cannot negotiate business deals in their district that they or their family would benefit from, especially if there is legislation involved. The same state rules prohibiting Humphrey’s behavior also protect officeholders from formal complaints during an election season.

Oklahoma – Campaign Funds Can Now Be Used by Oklahoma Candidates to Pay for Caregiving Expenses

Oklahoma Voice – Emma Murphy | Published: 9/16/2024

Oklahoma joined 33 other states in allowing candidates running for office to use campaign funds for dependent care, effective immediately. The Oklahoma Ethics Commission issued an advisory opinion permitting candidates who are primary caregivers to use campaign funds to pay for care of dependents such as children, people with disabilities, or elderly relatives.

Oregon – ‘Exceedingly Close Call’ of Illegality in Gonzalez’s Wikipedia Edits, Portland Auditor Says; Calls for State Investigation

MSN – Zane Sparling (Portland Oregonian) | Published: 9/16/2024

A sitting Portland commissioner who tapped public funds to clean up his Wikipedia page walked the razor’s edge of breaking city campaign finance laws, but the evidence is insufficient to prove a violation, the city auditor’s office ruled. Commissioner Rene Gonzalez, a top candidate in the mayoral race, spent $6,400 earlier this year while seeking to remove an errant reference to an apparent Patriot Prayer member he interacted with on social media and highlight his status as a Democrat.

Oregon – Oregon Secretary of State Opens Investigation into Portland City Council Candidates Who Traded Contributions

MSN – Carlos Fuentes (Portland Oregonian) | Published: 9/11/2024

Oregon Secretary of State LaVonne Griffin-Valade will investigate Portland City Council and mayoral candidates who agreed to reciprocate campaign contributions to obtain matching funds from the city. At least 13 Portland candidates explicitly agreed to give money to other candidates this summer in exchange for incoming contributions, according to emails and texts. Candidates for city council were trying to gather donations from at least 250 Portland residents to qualify for up to $40,000 in matching taxpayer funds before the August 27 deadline.

Pennsylvania – Protesters Rally Against Dark Money after 35-Mile March from Lancaster to Harrisburg

Lancaster Online – Sarah Nicell | Published: 9/12/2024

After a three-day, 35-mile walk from Lancaster to Harrisburg, protesters demanding changes to Pennsylvania’s campaign finance laws held a rally at the state Capitol against dark money. Several members of the group attended a meeting with representatives for Senate President Kim Ward to discuss their current priority: an anti-dark money bill authored by Free Speech for People that has yet to move in the Republican-majority state Senate.

Pennsylvania – Pennsylvania Supreme Court Tosses Lower Court’s Decision on Mail-In Ballot Dating Requirement

Yahoo News – Peter Hall (Pennsylvania Capital-Star) | Published: 9/13/2024

The Pennsylvania Supreme Court threw out a lower court’s decision finding the requirement for voters to write the date on mail-in ballots to have them counted unconstitutional. The state’s highest court said the Commonwealth Court lacked jurisdiction to hear a challenge of the dating provision by voters’ rights groups. The lower court concluded the dating requirement violates the fair and equal elections clause of the state constitution because it restricts the right to vote but does not serve a compelling governmental purpose.

Tennessee – Lee Seeks Ethics Panel Advice on Travel Payments, Will Repay Expense If Found Inappropriate

MSN – Vivian Jones (Nashville Tennessean) | Published: 9/13/2024

Following threats of an ethics complaint over his travel to Florida paid by an outside group, Gov. Bill Lee is asking the Tennessee Ethics Commission to clarify whether accepting such payments is allowed under state law. If the panel finds Lee’s travel payments were illegal or unethical, he is pledging to repay the funds. Lee traveled to Marco Island, Florida, to be a keynote speaker of Alliance Defending Freedom (ADF), a group behind a handful of controversial new state laws. ADF, a 501(c)3 nonprofit, and its partner 501(c)4 organization both employ Matthew Lorimer, a registered lobbyist in Tennessee.

Washington – Let’s Go Washington Accused of Violating Campaign Finance Law

Yahoo News – Jerry Cornfield (Washington State Standard) | Published: 9/18/2024

A 14-month investigation has led to charges against the political committee founded by businessperson Brian Heywood for allegedly violating campaign finance laws in the course of gathering signatures for six initiatives last year. Staff of the state Public Disclosure Commission filed administrative charges alleging Let’s Go Washington did not “accurately and timely” report its spending on signature-gathering for each of the measures. Staff also assert the committee failed to obtain and disclose information from vendors on their spending on subcontractors for signature-gathering.

September 19, 2024 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance California: “Oakland Ethics Commission Declines Proposed Settlement with Libby Schaaf” by Eli Wolfe (Oaklandside) for MSN Oregon: “‘Exceedingly Close Call’ of Illegality in Gonzalez’s Wikipedia Edits, Portland Auditor Says; Calls for State Investigation” by Zane Sparling (Portland Oregonian) for MSN Washington: “Let’s Go […]

September 18, 2024 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance New Mexico: “Judge Orders ‘Dark Money’ Group Back to Court for Failure to Register, Disclose Donors” by Daniel Chacón (Santa Fe New Mexican) for Yahoo News New York: “Mayor Adams’ Team Asked Campaign Watchdog for More Time – Citing Federal Investigation” by […]

September 17, 2024 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Elections National: “Vance Amplifies False Claims About Haitian Migrants in Ohio” by Sarah Ellison, Mariana Alfaro, and Lisa Rein (Washington Post) for MSN Georgia: “Judge in Georgia Election Case Knocks Out 2 Charges Against Trump” by Josh Gerstein (Politico) for MSN Ethics Arizona: “Chandler Council […]

September 13, 2024 • Written by Samuel Wilkinson

Miami-Dade County Launches New Online Lobbyist System

Miami-Dade’s clerk of courts introduced an upgrade to the online lobbyist system. The system will have new capabilities such online fee payment, principal removal, lobbyist authorization, and contingency fee declarations without the need of paper forms. To implement the new […]

September 13, 2024 • Written by Jim Sedor

News You Can Use Digest – September 13, 2024

National/Federal Candidates Can Use Campaign Funds for Childcare in Most States, but Few Do Associated Press News – Isabella Volmert | Published: 9/12/2024 Two thirds of states now allow candidates of any gender running for public office to use campaign funds to […]

National/Federal

Candidates Can Use Campaign Funds for Childcare in Most States, but Few Do

Associated Press News – Isabella Volmert | Published: 9/12/2024

Two thirds of states now allow candidates of any gender running for public office to use campaign funds to pay for childcare expenses after the FEC approved the practice for federal candidates in 2018. While women with young children say its monumental to their campaigns and usage is growing, the number of candidates taking advantage of the policies remains relatively low and numerous complex barriers keeping mothers from running for office persist.

How Taylor Swift Surprised Harris, and Entered a New Political Era

DNyuz – Katie Rogers, Matt Stevens, and Emily Cochrane (New York Times) | Published: 9/11/2024

Taylor Swift endorsed Vice President Kamala Harris after Harris’s debate against Donald Trump. In a political landscape with countless celebrity endorsements that do little to prompt would-be voters into action, Swift’s support stands out as among the most meaningful. The vice president’s advisers said they believed the contest would come down to disengaged Americans who might not know which way they will vote, or if they will vote at all. That is where someone like Swift could make a difference.

Feds Increase Security for Jan. 6 in Effort to Prevent Capitol Attack Repeat

MSN – Peter Hermann and Jacqueline Alemany (Washington Post) | Published: 9/11/2024

The federal government will dramatically increase security protections for the joint session of Congress where lawmakers count states’ electoral votes, an escalation of government-wide efforts to prevent a repeat of the attack on the Capitol. The Department of Homeland Security has designated the next electoral count, scheduled for January 6, 2025, a National Special Security Event, giving the once-routine gathering the same level of security accorded to presidential inaugurations and political conventions.

Justice Dept. Charges Two Russian Media Operatives in Alleged Scheme

MSN – David Nakamura, Catherine Belton, and Will Sommer (Washington Post) | Published: 9/4/2024

The Justice Department charged two Russian media executives in an alleged scheme that authorities say illegally funneled millions of dollars to a Tennessee-based company to create and publish propaganda videos that racked up millions of views on U.S. social media. Kostiantyn Kalashnikov and Elena Afanasyeva, Russian citizens who remain at large, were charged with conspiracy to violate the Foreign Agents Registration Act and conspiracy to commit money laundering.

Justice Alito Reports Concert Tickets, Stocks in 2023 Financial Report

MSN – Tobi Raji (Washington Post) | Published: 9/6/2024

Supreme Court Justice Samuel Alito received concert tickets valued at $900 last year from a German princess known for her conservative Catholic views and sold stock in a beer company targeted by anti-LGBTQ+ activists, according to his financial disclosure form. Alito continues to own individual stock in more than two dozen companies, a practice that is permitted but that transparency advocates caution can lead to conflicts-of-interest that require recusal from key cases. Chief Justice John Roberts is the only other member of the court who owns individual stocks; most other justices invest in mutual funds.

Federal Appeals Court Rules Against U.S. Sen. JD Vance, Other Republicans Trying to Erase Federal Limits on Coordinated Political Spending

MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 9/9/2024

A federal appeals court ruled against U.S. Sen. JD Vance and other Republicans in their attempt to overturn federal limits on political parties’ ability to coordinate spending with candidates. But a majority of the U.S. Sixth Circuit Court of Appeals expressed empathy with the Republican plaintiffs and only sided against them out of a belief it should be up to the U.S. Supreme Court, not them, to overturn a 2001 Supreme Court ruling upholding the limits.

Elon Musk’s Misleading Election Claims Reach Millions and Alarm Election Officials

MSN – Sarah Ellison, Amy Gardner, and Clara Ence Morse (Washington Post) | Published: 9/10/2024

In the two years since he bought Twitter, now X, Elon Musk has transformed it into a primary source of false election rumors, both by spreading them on his own account, which has 197 million followers, and lowering some of the site’s guardrails around misinformation. Experts say Musk is uniquely dangerous as a purveyor of misinformation because his digital following stretches well beyond the political realm and into the technology and investment sectors. Musk’s 52 posts or reposts about noncitizen voting drew almost 700 million views.

Harris Crisply Attacks Trump in Debate; He Retorts with Fiery Rhetoric

MSN – Toluse Olorunnipa and Marianne LeVine (Washington Post) | Published: 9/10/2024

Vice President Kamala Harris made a sharp, fiery case against Donald Trump during a freewheeling debate, blasting the former president’s character and preoccupation with himself while pressing him to task on issues including abortion, democracy, and foreign policy. Trump attacked Harris as a “Marxist” masquerading as a moderate and repeatedly turned the subject back to the U.S. southern border, often straying from the facts to embrace debunked conspiracy theories about immigration and the 2020 election.

Trump, Republicans Push Swing-State Courts to Reject Mail-in Ballots

MSN – Colby Itkowitz (Washington Post) | Published: 9/10/2024

Republicans have waged a nationwide legal campaign since 2020 to reject mail-in ballots. They say the litigation is aimed at the enforcement of election law to the letter. But critics see a strategy that has nothing to do with election integrity and everything to do with disqualifying voters who cast ballots by mail, an overwhelming majority of whom support Democrats.

Super PAC Funded by Ted Cruz’s Podcast Deal Gave $1 Million to Back His Campaign

San Antonio Current – Sanford Nowlin | Published: 9/6/2024

Despite U.S. Sen. Ted Cruz’s prior statements that he has no direct involvement with a super PAC funded by a distribution deal for his podcast, federal records show that same PAC is bankrolling his campaign’s field operations. Truth and Courage PAC, an entity partially funded by a deal the sentor struck with iHeartMedia to carry his podcast, shelled out $1 million in the second quarter to pay for door knocking and phone banking by Cruz’s reelection campaign.

The AI Industry Uses a Light Lobbying Touch to Educate Congress from a Corporate Perspective

Yahoo News – Dan Merica (Associated Press) | Published: 9/8/2024

The Artificial Intelligence (AI) industry has gone on a lobbying binge in the past few years, deploying scores of hired influencers to help shape potential government action. The technology is being adopted by powerful sectors of the economy, all with the hopes of having a say on possible regulations. As AI evolves at such a rapid clip, lawmakers are leaning on the lobbyists’ expertise because think tanks, nonprofit groups, and academia are struggling to keep up with the changes. Relying on PowerPoint slides and briefing papers, industry lobbyists are getting lots of face time with lawmakers and staff, advising them on the fine points of the technology.

Campaign Money? Bribes? Lobbying? Your Utility Rates May Include Some, Advocates Say

Yahoo News – Medora Lee (USA Today) | Published: 9/8/2024

Millions of Americans receive their monthly utility bill and just assume it is high because of extreme weather. That is only part of the story. Customers are paying for everything from the utility company’s trade association fees, lobbying efforts to increase rates, and even country club memberships, consumer advocates say. Utilities have also funneled money to 501(c)(4) non-profits that can accept unlimited corporate and personal donations and are often used to engage in lobbying activity, issue advocacy, or political activity.

From the States and Municipalities

California – Ex-Oakland Mayor Schaaf Agrees to Pay $21,000 Fine for Breaking Campaign Rules

MSN – Sarah Ravani (San Francisco Chronicle) | Published: 9/6/2024

Former Oakland Mayor Libby Schaaf agreed to pay $21,000 in penalties to settle claims she violated election rules by failing to disclose her involvement in campaigns to pass a city ballot measure and defeat two incumbent city council candidates. The Public Ethics Commission’s enforcement unit also recommended fining the Oakland Chamber of Commerce nearly $50,000 for failing to report “intermediary contributions” it made on behalf of individuals, and it advised separate fines of about $20,000 each against Doug Linney, a director at East Bay Municipal Utility District who also works as a campaign consultant, and the Oakland police union.

California – L.A. Real Estate Developer Accused of 444 Violations of Campaign Fundraising Laws

MSN – Emily Alpert Reyes and David Zahniser (Los Angeles Times) | Published: 9/7/2024

The Los Angeles Ethics Commission accused real estate developer Samuel Leung of committing 444 violations of the city’s campaign finance laws, including those that prohibit the laundering of campaign money. The commission said it determined “probable cause exists” to believe that between 2009 and 2015, Leung reimbursed campaign donors in violation of city law and exceeded the limits for political contributions.

California – Reform Bills Inspired by LAist Investigation Are Before Newsom for Final Approval

MSN – Yusra Farzan (LAist) | Published: 9/11/2024

Three reform bills, inspired by LAist’s investigation into millions of taxpayer dollars in Orange County that are unaccounted for, passed unanimously in the state Legislature and are now awaiting California Gov. Gavin Newsom’s decision on whether to sign them into law. Two of the bills would require more public transparency about elected officials’ family ties to certain types of contractors, and in some cases ban them from participating in awarding the money.

California – Irvine Tightens Lobbying Rules

Voice of OC – Angela Hicks | Published: 9/11/2024

Irvine gave initial approval to strengthening the city’s lobbying rules. City council members approved the changes unanimously, which will require more people to register as lobbyists more often and publicly disclose their activities to the city. The lobbying ordinance will require a second reading and vote before it can go into effect. The council meets again on September 24.

Delaware – Transgender Lawmaker Wins Democratic Primary for Delaware’s Only House Seat

DNyuz – Amy Harmon (New York Times) | Published: 9/10/2024

State Sen. Sarah McBride won the Democratic primary for Delaware’s only U.S. House seat, making her the heavy favorite to win in November in the deep-blue state. If elected, she would become the first openly transgender member of Congress.

Delaware – Meyer Defeats Scandal-Plagued Hall-Long and O’Mara in Delaware’s Democratic Primary for Governor

WHYY – Chris Barrash | Published: 9/10/2024

New Castle County Executive Matt Meyer capitalized on Delaware Lt. Gov. Bethany Hall-Long’s yearlong campaign finance scandal and former state environmental protection chief Collin O’Mara’s late entry into the race and rolled to a convincing victory in the three-way gubernatorial primary. Meyer will be the prohibitive favorite to win the governorship over House Minority Leader Mike Ramone in a state where Democrats outnumber Republicans nearly two-to-one and since 2018 have held all nine statewide elective offices.

Florida – Florida Supreme Court Justices Raise Prospect of Tossing Fair Districts Amendment

Florida Politics – Jacob Ogles | Published: 9/12/2024

Florida Supreme Court Justices are questioning whether the Fair Districts Amendment to the state constitution impossibly handcuffs redistricting efforts. Chief Justice Carlos Muñiz raised the prospect of tossing the amendment, passed by Florida voters in 2010, as the court heard arguments that Florida’s congressional map violated measures prohibiting the diminishment of Black communities voting power.

Florida – DeSantis Election Police Question People Who Signed Abortion Ballot Petition

MSN – Lori Rozsa (Washington Post) | Published: 9/9/2024

Florida voters who signed a petition to place a pro-choice abortion referendum on the ballot this November say they have been visited by police who are investigating claims of fraud at the behest of Gov. Ron DeSantis’s administration. The investigation comes as Democrats and election experts express concern that DeSantis is using the powers of the state to derail the referendum, which would nullify a six-week abortion ban the governor signed into law last year. The state’s health-care agency recently launched a website that claims the amendment “threatens women’s safety.”

Florida – Mayor’s Office: No conflict for chief of staff Darnell Smith to also do Florida Blue work

Yahoo News – David Bauerlein (Florida Times-Union) | Published: 9/5/2024

Florida Blue insurance executive Darnell Smith, who has been Jacksonville Mayor Donna Deegan’s chief of staff since January, will split his time over the next few weeks between working on his city duties and handling ongoing negotiations for Florida Blue in its contentious insurance contract talks with Baptist Health. Smith does not receive a city salary. He works as an “executive on loan” from Florida Blue, which has continued to pay his salary and benefits. The arrangement is set to last through the end of December.

Illinois – Bribery Trial of Former AT&T Boss to Offer Sneak Preview of Madigan Case

Yahoo News – Jason Meisner (Chicago Tribune) | Published: 9/9/2024

Former AT&T Illinois boss Paul La Schiazza’s bribery trial began at Chicago’s federal courthouse where he stands accused of a scheme to funnel $22,500 in payments to a former House Speaker Michael Madigan associate in exchange for the speaker’s help passing legislation important to the company. La Schiazza’s case is expected to offer a sneak preview of a key part of Madigan’s own trial, which starts on October 8.

Indiana – McCormick Releases Ethics Plan with Focus on Lobbying Reform

Yahoo News – Whitney Downard (Indiana Capital Chronicle) | Published: 9/5/2024

Indiana gubernatorial nominee Jennifer McCormick released an ethics plan with a focus on increasing transparency and accountability for elected officials at the state and local level, regulating lobbying. Aspects of the plan include removing lobbyists from politically appointed committee positions as well as standardizing campaign finance reporting and annually filed statements of economic interest. Paid lobbyists would face increased regulation that prohibits them from gifting “anything” of value to state lawmakers.

Kansas – Inside the Kansas Court Case That Could Cripple a Sweeping Campaign Finance Investigation

Yahoo News – Jonathan Shorman (Kansas City Star) | Published: 9/6/2024

Does a Kansas law that prohibits campaign contributions given “in the name of another person” also make it illegal for political groups to shift funds among themselves until the dollars arrive at a desired destination? Over two years, $54,000 in contributions moved through a series of political committees before ending up in the accounts of the Kansas Republican Party. Why those transfers happened in 2020 and 2021 is the subject of a lengthy, ongoing investigation.

Kentucky – Federal Court Halts, for Now, Kentucky Election Finance Opinion on School Choice Measure

The Center Square – Steve Bittenbender | Published: 9/5/2024

A federal appeals court temporarily stopped the Kentucky Registry of Election Finance (KREF) from taking action against three Republican county committees that want to use party funds to support a school choice initiative scheduled to appear on the November ballot. KREF General Counsel Leslie Saunders has said state law requires party funds to be spent on promoting its candidates.

Louisiana – Louisiana Ethics Board Declines to Waive Jeff Landry’s $100 Late Fine

Yahoo News – Julie O’Donoghue (Louisiana Illuminator) | Published: 9/6/2024

The Louisiana Board of Ethics has declined Gov. Jeff Landry’s request to waive a $100 fine for filing his 2023 annual campaign finance report one day late. The board’s decision comes just a few months before Landry, who has been at odds with the board for years, will gain more power over its makeup.

Michigan – Judge Finds Probable Cause to Believe Ex-Chatfield Staffers Embezzled Political Cash

Detroit News – Craig Mauger | Published: 9/12/2024

Anne and Robert Minard, two top staffers of former Michigan House Speaker Lee Chatfield, are poised to face criminal trials after a judge determined there was probable cause to believe allegations that they stole more than $600,000 from political fundraising accounts. Michigan Attorney General Dana Nessel has accused the Minards of using fraudulent reimbursements, double-billings, misrepresented expenses, and falsified records to embezzle money from nonprofit groups and PACs.

Michigan – In Michigan, an ‘Unhinged Werewolf’ Will Make It Clear Who Voted

Seattle Times – Callie Holtermann (New York Times) | Published: 9/5/2024

One entry in a statewide contest to design Michigan’s next “I Voted” sticker depicted a werewolf clawing its shirt to tatters and howling at an unseen moon. A smattering of stars and stripes poke out from behind its torso. “I Voted,” reads a string of red, white, and blue block letters floating above the creature’s open jaws. The illustration by 12-year-old Jane Hynous is one of nine winning designs the Michigan Department of State will offer local clerks to distribute to voters in the November election.

Missouri – Missouri High Court Allows Abortion Measure to Stay on Fall Ballot

MSN – Molly Hennessey-Fiske (Washington Post) | Published: 9/10/2024

Hours before ballots were to be finalized, the Missouri Supreme Court ruled that a measure to enshrine abortion rights in the state constitution is specific enough to present to voters in November. Only days earlier, a lower-court judge ruled the ballot measure invalid because it does not identify which laws it would repeal. The outcome means Missouri will remain among more than half a dozen states with measures to protect abortion rights on their ballots this fall, including in presidential battleground states such as Arizona and Florida.

New Hampshire – Ethics Committee Won’t Make a Ruling on Tara Reardon Conflict of Interest Until After Election

Concord Monitor – Catherine McLaughlin | Published: 9/4/2024

New Hampshire’s Legislative Ethics Committee will determine whether Tara Reardon, if elected to the state Senate, would have to recuse herself on legislation her spouse’s firm lobbies on, but not until after the Democratic primary, which Reardon won. That means voters casting their ballots did not have a clear answer about Reardon’s ability to participate in the legislative process due to a new law that takes effect in January.

New York – Cuomo Legal Bills Have Cost N.Y. Taxpayers $25.4 Million and Counting

DNyuz – Benjamin Oreskes (New York Times) | Published: 9/12/2024

Former New York Gov. Andrew Cuomo has employed aggressive legal tactics as he seeks to defend himself against sexual harassment lawsuits and protect his political image as he contemplates a comeback. The state has spent about $25.4 million representing the legal interests of Cuomo and several of his top aides as they fend off civil complaints, criminal investigations, and inquiries from the Legislature. Because Cuomo’s alleged actions took place while he was governor, state law requires taxpayers to foot legal bills related to the accusations.

New York – After a Year of Legal Peril, Trump Seeks Election as a Felon, but Free

Seattle Times – Ben Protess, Kate Christobek, and William Rashbaum (New York Times) | Published: 9/8/2024

At Donald Trump’s request, and without objection from prosecutors, the judge who presided over his criminal trial in Manhattan postponed his sentencing until after the November election. Trump, who faces up to four years in prison for falsifying records to conceal a sex scandal, had sought the delay to buy time to challenge his conviction. The former president also argued it would be unfair to face sentencing so close to Election Day, even though that timing was the result of his own stalling tactics.

New York – Feds Raid Homes of Top Eric Adams Deputies, Seize Police Commissioner’s Phones

The City – Greg Smith, Katie Honan, Gwynne Hogan, and Samantha Maldonado | Published: 9/5/2024

Federal authorities raided the homes of some of the highest-ranking members of New York City Mayor Eric Adams’ administration, including two deputy mayors and the schools chancellor, and seized the electronic devices of the police commissioner. This extraordinary effort in the last two days to obtain evidence follows other federal raids and seizures that have swept up the mayor and other top aides in what appears to be a broadening investigation of City Hall.

North Carolina – Few Students Are Playing but Lawmakers Keep Paying for Video Game from NC Company

MSN – Dan Kane (Raleigh News & Observer) | Published: 9/10/2024

Since 2020, state lawmakers have spent millions of dollars to put Plasma Games’ science-based video game in North Carolina public schools even though few students are playing, and schools could not show the game is improving learning. Plasma Games is another example of the Republican-led Legislature inserting provisions into omnibus spending bills to that benefit specific private businesses and nonprofits with political ties, a practice that in one case has drawn the attention of a federal grand jury.

North Carolina – NC Supreme Court Orders RFK Jr’s Name to Be Taken Off Ballots, Mail-in Voting Delayed by Weeks

MSN – Will Doran (WRAL) | Published: 9/9/2024

Robert F. Kennedy Jr.’s name will not be on ballots in North Carolina this year as the state Supreme Court ruled officials must reprint the millions of ballots it finished printing in August. The ruling means North Carolina is now expected to blow past the legal deadline to start sending out ballots by at least two weeks, at the cost of potentially $1 million to state taxpayers, arguments that state officials made against reprinting the ballots, but which the Supreme Court said were worth it to ensure no voter confusion caused by having Kennedy’s name on the ballots even though he dropped out of the race.

Ohio – Ohio Appeals Court Tosses Lawsuit Challenging Speaker Jason Stephens’ Control of House GOP Campaign Arm

MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 9/6/2024

A state appeals court panel threw out a legal challenge to Speaker Jason Stephens’ control over the Ohio House Republicans’ campaign fund, as well as an injunction preventing him from spending money from the account. Some House Republicans have sought to undermine the Stephens’ power since Democrats helped elect him speaker last year despite receiving votes from just a third of his GOP colleagues.

Ohio – An Ohio City Reshaped by Haitian Immigrants Lands in an Unwelcome Spotlight

MSN – Patrick Aftoora Orsagos, Julie Carr Smyth, and Elliot Spagat (Associated Press) | Published: 9/11/2024

Many cities have been reshaped by immigrants in the last few years without attracting much notice. Not Springfield, Ohio. Its story of economic renewal and related growing pains has been thrust into the national conversation in a presidential election year and maliciously distorted by false rumors that Haitian immigrants are eating their neighbors’ pets. Donald Trump amplified those lies during the nationally televised debate, exacerbating some residents’ fears about growing divisiveness in the predominantly white, blue-collar city of about 60,000.

Oregon – Most Candidates for Portland Mayor and City Council Sent Reciprocated Contributions to Other Candidates, Raising Legal Questions

MSN – Carlos Fuentes (Portland Oregonian) | Published: 9/10/2024

Dozens of Portland City Council and mayoral candidates agreed to reciprocate political contributions as they sought to qualify for matching campaign funds from the city. Candidates benefit when a fellow Portland resident gives them a contribution because notching enough local donations triggers the matching funds. Yet state law prohibits candidates for political office from soliciting donations from anyone by promising to give the person a financial payback.

Tennessee – Ethics Questions Plaguing Tennessee Governor’s Administration

Yahoo News – Sam Stockard (Tennessee Lookout) | Published: 9/11/2024

Shortly after taking office in 2019, Gov. Bill Lee issued an executive order prohibiting executive branch employees from accepting lodging and transportation from groups trying to do business with the state but says his recent trip to Florida paid for by a group that lobbies state lawmakers is “customary and allowable.” That trip and a complaint filed against the state education commissioner is bringing greater scrutiny to Tennessee’s ethics rules and relationships that officials have with lobbying groups.

Texas – Mayoral Candidate Doug Greco Sues City to Overturn Campaign Finance Rule

Austin Monitor – Jo Clifton | Published: 9/11/2024

Mayoral candidate Doug Greco filed suit in federal court, challenging the provision of the City Charter that prevents city council candidates from accepting more than $47,000 in contributions from people who live outside the Austin city limits. The plaintiffs also want the judge to grant a permanent injunction against enforcement of the law. Greco has complained that his relatives in other states are unable to contribute because of the limitation.

September 12, 2024 • Written by Rebecca South

Ask the Experts – What Expenditures are Required to be Reported on the LD-2 Quarterly Activity Report?

Image by Codrut Tomsecu

Q: We are currently reviewing our process for complying with the various reporting requirements established under the Lobbying Disclosure Act (LDA) and would like some advice on how we can improve our accuracy moving forward. I don’t think we have […]

Q: We are currently reviewing our process for complying with the various reporting requirements established under the Lobbying Disclosure Act (LDA) and would like some advice on how we can improve our accuracy moving forward. I don’t think we have been capturing all the relevant expenditures that we need to include. Can you review what expenditures are required to be reported on the LD-2 quarterly activity report?

A: Thank you for your question. I applaud your effort to review and improve upon your existing processes. Continually taking a look at how and what information is being compiled is an important part of any comprehensive compliance process. The LDA requires registrants to provide a good faith estimate of all lobbying expenditures within the organization on a quarterly basis. This seemingly simple requirement can prove to be somewhat complex given the number of moving parts involved in accurately reflecting reportable expenditures.

Relevant expenditures required to be included in the organization’s quarterly calculation:

The value (including compensation and associated overhead and expenses) of any and all employee time spent on lobbying activities. This includes employees who spend 20% or more of their time engaged in lobbying activities (and are, therefore, listed by name on the report thereby becoming a “registered lobbyist”) and those who do not meet the statutory definition of a “lobbyist” (employees with activity below 20% during the quarter – non-lobbyists).

While it is often straightforward to collect this information for your registered lobbyists, it can be more nuanced to properly capture this activity for those folks under the 20% threshold. Non-lobbyist activity can come in many forms. Generally, it includes direct (with a covered official) and indirect (internal or with an outside organization) communication such as planning activities, research, coordination, conference calls, meetings, strategy discussions and any other work that is undertaken to augment or further the lobbying objectives of the organization.

Examples of capturable indirect activities:

Research and/or preparation of talking points to be used in connection with a lobbying contact with a covered official.

Engaging in an internal discussion regarding strategic lobbying plan to support organization’s position on proposed legislation or administrative policy.

Drafting bill language, presentations, or letters to be shared with Covered Officials regarding federal policy or administrative actions.

CEO or other leadership meeting with or otherwise communicating with covered officials on the Hill or in the Administration.

Participation with an outside organization to accomplish any of the above listed ends.

Payments accrued to outside lobbyists and lobbying firms;
Federal lobbying portion of any dues or other payments made to trade associations, membership organizations and the like.

As you undoubtedly know, there are a variety of subtle reporting details that organizations must review and understand when establishing processes and procedures to ensure compliance with the federal law. For tailored advice centered around your organizational realities, contact us directly for assistance. In addition, details regarding reporting requirements can be located in the Federal Lobbying Compliance Law section of our online publication resource.

September 12, 2024 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance Ohio: “Ohio Appeals Court Tosses Lawsuit Challenging Speaker Jason Stephens’ Control of House GOP Campaign Arm” by Jeremy Pelzer (Cleveland Plain Dealer) for MSN Texas: “Mayoral Candidate Doug Greco Sues City to Overturn Campaign Finance Rule” by Jo Clifton for Austin Monitor […]

September 11, 2024 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance California: “L.A. Real Estate Developer Accused of 444 Violations of Campaign Fundraising Laws” by Emily Alpert Reyes and David Zahniser (Los Angeles Times) for MSN Oregon: “Odd Donations Between Portland City Council Candidates Were Widespread, Campaign Finance Data Shows” by Sophie Peel […]

September 10, 2024 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance California: “Ex-Oakland Mayor Schaaf Agrees to Pay $21,000 Fine for Breaking Campaign Rules” by Sarah Ravani (San Francisco Chronicle) for MSN National: “Federal Appeals Court Rules Against U.S. Sen. JD Vance, Other Republicans Trying to Erase Federal Limits on Coordinated Political […]

September 9, 2024 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance National: “Super PAC Funded by Ted Cruz’s Podcast Deal Gave $1 Million to Back His Campaign” by Sanford Nowlin for San Antonio Current Kansas: “Inside the Kansas Court Case That Could Cripple a Sweeping Campaign Finance Investigation” by Jonathan Shorman (Kansas City […]

September 6, 2024 • Written by Jim Sedor

News You Can Use Digest – September 6, 2024

National/Federal Courtroom Clash in Trump’s Election Interference Case as the Judge Ponders the Path Ahead Associated Press News – Eric Tucker, Alanna Durkin Richer, and Michael Kunzelman | Published: 9/5/2024 In the first court hearing in nearly a year, a lawyer for […]

National/Federal

Courtroom Clash in Trump’s Election Interference Case as the Judge Ponders the Path Ahead

Associated Press News – Eric Tucker, Alanna Durkin Richer, and Michael Kunzelman | Published: 9/5/2024

In the first court hearing in nearly a year, a lawyer for Donald Trump clashed with the judge in the federal election interference prosecution of the former president after suggesting the government was rushing forward with an “illegitimate” indictment at the height of the White House campaign. Prosecutors and defense lawyers are bitterly at odds over the next steps in the case after the Supreme Court narrowed the scope of the prosecution by ruling former presidents are entitled to broad immunity from criminal charges.

Iran Emerges as a Top Disinformation Threat in U.S. Presidential Race

DNyuz – Steven Lee Myers, Tiffany Hsu, and Faranz Fassihi (New York Times) | Published: 9/4/2024

American officials and tech company analysts say Iran is waging an intensifying campaign to sway this year’s American presidential election. Iran has long carried out clandestine information operations against its adversaries, especially Israel, Saudi Arabia, and the United States, but until now most of its activities were conducted under the shadow of similar campaigns by Russia and China. Its latest propaganda and disinformation efforts have grown more brazen, more varied, and more ambitious, according to the U.S. government, company officials, and Iran experts.

Republicans Seize on False Theories About Immigrant Voting

DNyuz – Alexandra Berzon (New York Times) | Published: 9/5/2024

There is no indication that noncitizens are voting in large numbers. Yet the notion they will flood the polls, and vote overwhelmingly for Democrats, is animating a network of Republicans who mobilized around Donald Trump’s false claims of a rigged election in 2020 and are now preparing for the next one. Activists, prominent lawyers, Republican lawmakers, right-wing influencers, and other Trump allies have pressed for voter roll purges, filed lawsuits, prepared for on-the-ground monitoring of polling places, and spread misinformation online.

Whistle-Blower Groups Push to End Secret Seizure of Congressional Communications

DNyuz – Luke Broadwater (New York Times) | Published: 8/31/2024

As President Trump hunted for people inside the government who were divulging details of an investigation into whether his 2016 election campaign colluded with Russia, the Justice Department turned to a covert tactic. Department officials secretly collected the phone and email records of roughly a dozen people connected to Congress, including lawmakers and aides who routinely deal with anonymous whistleblowers, to see who might be coming forward with confidential information. Now, whistleblower advocacy groups hope to shame the agency into ending the practice of secretly collecting congressional communications records.

GOP Network Props Up Liberal Third-Party Candidates in Key States, Hoping to Siphon Off Harris Votes

MSN – Brian Slodysko and Dan Merica (Associated Press) | Published: 9/1/2024

Across the country, a network of Republican political operatives, lawyers, and their allies is trying to shape November’s election in ways that favor Donald Trump. Their goal is to prop up third-party candidates such as Cornell West who offer liberal voters an alternative that could siphon away support from Vice President Kamala Harris. It is not clear who is paying for the effort, but it could be impactful in states that were decided by miniscule margins in the 2020 election won by Joe Biden.

13-Month Sentence for Man Who Made 12,000 Harassing Calls to Congress Members

MSN – Spencer Hsu (Washington Post) | Published: 9/3/2024

Ade Lilly was sentenced to 13 months in prison for making more than 12,000 harassing phone calls to members of Congress over an 18-month period and threatening to kill a congressional aide. Addressing the defense’s argument that Lilly was motivated by childhood tragedy and a zealous belief lawmakers must do more for the nation’s young people, U.S. District Court Judge Timothy Kelly said, “it is easy to see” how his offense might be the result of “good intentions gone wrong.”

Ginni Thomas Privately Praised Group Working Against Supreme Court Reform: ‘Thank you so, so, so much’

MSN – Andy Kroll (ProPublica) and Nick Surgery (Documented) | Published: 9/4/2024

Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, privately heaped praise on a major religious-rights group for fighting efforts to reform the nation’s highest court – efforts sparked, in large part, by her husband’s ethical lapses. Ginni Thomas expressed her appreciation in an email sent to Kelly Shackelford, an influential litigator whose clients have won cases at the Supreme Court. Shackelford runs the First Liberty Institute. It came shortly after President Biden announced support for a slate of reforms for the high court.

Convicted Fraudsters Launch AI Lobbying Firm Using Fake Names

Yahoo News – Daniel Lippman (Politico) | Published: 9/2/2024

A K Street startup pitched as a service to integrate AI into lobbying is covertly run by a pair of well-known, far-right conspiracy theorists and convicted felons who are using pseudonyms in their new business, according to four former employees and other evidence. LobbyMatic was founded last year by Jacob Wohl, who in 2022 was convicted along with his longtime associate Jack Burkman of fraud after running a robocall campaign in largely Black neighborhoods in several states telling people not to vote by mail. LobbyMatic, whose website does not list any company leadership, temporarily signed up at least three brand-name clients.

From the States and Municipalities

Arizona – She Was Arrested After Speaking at a City Meeting. Now She’s Suing.

MSN – Praveena Somasundaram (Washington Post) | Published: 9/4/2024

An Arizona woman is suing the city of Surprise for arresting and charging her with trespassing during a recent city council meeting after she criticized the city attorney’s proposed pay raise. Mayor Skip Hall interrupted Rebekah Massie’s remarks, accusing her of “attacking the city attorney personally” and violating a council policy. Her lawsuit requests that a judge order the city to halt a policy that stipulates comments during council meetings “may not be used to lodge charges or complaints against” public officials.

California – Mayor Breed Orders Increased Scrutiny of San Francisco Contract Work, Grantees

KQED – Sydney Johnson | Published: 9/3/2024

City contractors and grant recipients will face tighter scrutiny to receive public dollars, according to a directive from San Francisco Mayor London Breed. The order, which is effective immediately, comes after numerous scandals. Breed also announced legislation to support her directive that would require contractors to keep separate accounts for political activities and prevent them from using city funds or lobbying officials.

California – While an Orange County Supervisor Was Under Scrutiny, His Daughter Interned with County Prosecutors

MSN – Salvador Hernandez (Los Angeles Times) | Published: 8/29/2024

Within weeks of it being revealed that Orange County Supervisor Andrew Do directed millions of dollars in contracts to a nonprofit without disclosing a link to his daughter, a scandal that sparked a lawsuit and a possible federal probe, his daughter began working as an intern for the county’s top prosecutor. Two county supervisors said they were unaware of Rhiannon Do’s stint at the district attorney’s office while county officials considered a lawsuit against Viet America Society, a nonprofit that once listed the supervisor’s daughter as its president, and asked for local and federal officials to step in.

California – Anaheim Hires City’s First Ethics Officer

Orange County Register – Michael Slaten | Published: 9/3/2024

Anaheim has hired its first ethics officer. Artin Berjikly will be the assistant city attorney-ethics officer, leading a new ethics division. Berjikly will report to the city attorney and provide legal expertise on ethical issues, campaign finance laws, conflict-of-interest rules, and the city’s lobbying laws.

Florida – Activists Charged with Pushing Russian Propaganda Go on Trial in Florida

WLRN – Patricia Mazzei (New York Times) | Published: 9/3/2024

Experts say a trial in Florida offers a rare glimpse into how Russia has tried to secretly influence American politics. Prosecutors say Russia sought out a sympathetic group in the U.S., invited its leader to visit Moscow, and established a long-term relationship. The group then promoted Russian views on its website, social media accounts, and radio station. Four Americans face charges they conspired to have other U.S. citizens act as illegal agents of the Russian government or acted as unregistered Russian agents themselves.

Florida – Miami Lakes Sues Law Firm Over Role in FBI Corruption Sting That Led to Mayor’s Arrest

Yahoo News – Catherine Odom (Miami Herald) | Published: 8/29/2024

Miami Lakes is suing a law firm over its involvement in an FBI sting operation that led to the arrest of the town’s mayor in 2013. The suit is seeking more than $5 million in damages over the role of Richard Candia, who was an employee at the law firm Becker & Poliakoff, in the FBI operation. Candia was party to an alleged corruption scheme involving then-Mayor Michael Pizzi and later became an FBI informant. Miami Lakes is suing the firm, which was under contract to provide lobbying and consulting services to the town, for negligence, as well as breach of contract and fiduciary duties.

Iowa – Iowa Lieutenant Governor Resigns to Take Over State Lobby Group Representing Bankers

MSN – Hannah Fingerhut (Associated Press) | Published: 9/3/2024

Lt. Gov. Adam Gregg resigned to take the helm of the Iowa Bankers Association. The association advocates for its members with state and local governments and has been led for 28 years by John Sorensen, who is stepping down this year. Sorensen was registered as a lobbyist for the current General Assembly, but Iowa law specifies a statewide elected official “shall not within two years after the termination of service or employment become a lobbyist.”

Louisiana – Shreveport Lawmaker Fought Ethics Board for Years Before Authoring New Ethics Laws

Yahoo News – Julie O’Donoghue (Louisiana Illuminator) | Published: 8/29/2024

The first two bills state Rep. Steven Jackson authored had an unusual target for a new lawmaker: Louisiana’s Board of Ethics. His interest in restricting the board’s activities follows five years of angry exchanges between Jackson and ethics staff over financial penalties he has accrued while running for office. Since his first race for the Caddo Parish Commission in 2015, Jackson has racked up $10,080 in late fees after failing to file or improperly submitting 12 campaign finance and personal disclosure reports.

Maine – Maine Utilities Will Be Banned from Spending Ratepayer Money on Lobbying, Advertising

Yahoo News – Stephen Singer (Portland Press Herald) | Published: 9/4/2024

Maine regulators announced they will draft rules that prohibit utilities from billing ratepayers for spending on advertising, lobbying, and political expenses and require spending disclosures to the state. Legislation passed last year bars utilities from passing on expenses for contributions or gifts to candidates, political parties, and political or legislative committees; to a trade association, chamber of commerce, or public charity; for lobbying or grassroots lobbying; or for educational expenses, unless approved by the Public Utilities Commission.

Montana – Tim Sheehy Was Recorded Using Racist Stereotypes About Native Americans

Seattle Times – Kellen Browning (New York Times) | Published: 9/3/2024

Tim Sheehy, the Republican nominee for U.S. Senate in Montana, made comments perpetuating racist stereotypes about Native Americans during private fundraisers last year, according to recordings of the events. In one recording, Sheehy can be heard saying he had participated in roping and branding cattle on the Crow Reservation, and it was “a great way to bond with all the Indians out there, while they’re drunk at 8 a.m.”

New Hampshire – Ex-Biden Official in NH Primary Raises Questions with ‘Bizarre’ Financial Disclosure

MSN – Taylor Giorno (The Hill) | Published: 8/30/2024

Maggie Goodlander, a candidate in the Democratic primary in New Hampshire for retiring U.S. Rep. Annie Kuster’s seat, filed a personal financial disclosure that has raised questions over the actual value of sizable assets she holds. The disclosure puzzled experts because it lists the value of multiple easily verifiable assets as “undetermined,” including checking, retirement, and investment accounts, and several properties or pieces of land, even those the report indicates are currently for sale.

New Mexico – The New Mexico Project Ordered to Disclose Donors, Campaign Expenditures

Yahoo News – Colleen Held (Albuquerque Journal) | Published: 8/29/2024

A state judge ordered a dark money group that paid for political advertising in support of legislative candidates in New Mexico earlier this year to disclose the sources of its funding and its spending by September 9. Judge Joshua Allison ruled the New Mexico Project meets the definition of “political committee” and must comply with the state’s campaign finance law. The state Ethics Commission based its case partly on statements the group’s founder made on talk radio, social media, and in radio advertisements.

New York – Former Aide to N.Y. Governors Charged with Secretly Helping China

MSN – Devlin Barrett (Washington Post) | Published: 9/3/2024

Linda Sun, a former deputy chief of staff to New York Gov. Kathy Hochul, was accused of trading on her connections to act as an undisclosed agent of the Chinese government. Federal prosecutors also indicted Sun’s husband, Chris Hu, for allegedly illegal conduct dating back to her time as an aide to Gov. Andrew Cuomo. Sun was accused of using her influence as a top aide to both governors to shape state policy toward China and Taiwan. U.S. Attorney Breon Peace said the couple’s scheme made them millions of dollars.

New York – Federal Judge Rejects Donald Trump’s Request to Intervene in Wake of Hush Money Conviction

MSN – Michael Sisak (Associated Press) | Published: 9/3/2024

A federal judge rejected Donald Trump’s request to intervene in his New York hush money criminal case, spurning the former president’s attempt at an end-run around the state court where he was convicted and is set to be sentenced on September 18. U.S. District Court Judge Alvin Hellerstein’s ruling – just hours after Trump’s lawyers asked him to weigh the move – upends Trump’s plan to move the case to federal court so he could seek to have his conviction overturned in the wake of the U.S. Supreme Court’s presidential immunity ruling.

North Carolina – In North Carolina, the Math for a Supermajority May Come Down to One

DNyuz – David Chen (New York Times) | Published: 8/31/2024

This fall, as Democrats and Republicans vie for control of state Legislatures across the country, much of the attention has focused on states like Michigan, Pennsylvania, and Arizona, where one or two seats could tip the balance. But in a handful of states, the Legislature is dominated by one party, while the governor’s office is held by another. In those states, an effort is underway to either preserve an existing supermajority, which confers the ability to override a governor’s veto, or to break it. Nowhere has the battle been more magnified than in North Carolina.

Ohio – Federal Judge Blocks Ohio’s Ban on Foreign Political Donations

Ohio Capital Journal – Morgan Trau (WEWS) | Published: 9/3/2024

A federal judge blocked Ohio’s new law limiting who can participate in the political process just hours before it was set to go into effect. The controversial legislation would have prevented lawful permanent residents, known as green card holders, from making contributions or expenditures regarding ballot issues or candidates. It would also prevent campaigns from accepting donations from them.

Oklahoma – Oklahoma’s Election Laws Inhibit Voter Participation, Create More Extreme Candidates, Experts Say

Oklahoma Voice – Emma Murphy | Published: 8/30/2024

Oklahoma’s voting system is leading to low turnout rates, the election of more extreme candidates, and disenfranchisement of voters who are excluded from participating in primary elections, experts said. That is prompting conversations about whether reforms are needed to increase voter participation rates and how the state can ensure hundreds of thousands of independent voters have a voice at the ballot box at a time when most outcomes are determined months ahead of November’s general election.

Pennsylvania – A Court Just Told Pa. Not to Reject Mail Ballots Missing Handwritten Dates. The Case Isn’t Over Yet.

Spotlight PA – Carter Walker (Votebeat) | Published: 8/30/2024

Not counting a voter’s mail ballot because they failed to properly date the return envelope violates their rights under the state constitution, a Pennsylvania appellate court ruled. “The refusal to count undated or incorrectly dated but timely mail ballots submitted by otherwise eligible voters because of meaningless and inconsequential paperwork errors violates the fundamental right to vote recognized in the free and equal elections clause,” Judge Ellen Ceisler wrote for the majority, referring to a provision in the state constitution. Republicans said they would immediately appeal the ruling to the Pennsylvania Supreme Court.

Tennessee – Tennessee Education Commissioner Remains Under the Microscope

Yahoo News – Sam Stockard (Tennesse Lookout) | Published: 9/5/2024

Tennessee lawmakers have been scrutinizing state Education Commissioner Lizzette Reynolds almost since she took the post in 2023 to push the governor’s private-school voucher plan, and some want to take an even closer look at her administration. Reynolds has been dogged by revelations that she did not meet state requirements to hold the education commissioner position. A complaint was filed about trips Reynolds took to two out-of-state education conferences paid for by her former employer, the pro-voucher group ExcelInEd, which hires a lobbyist to work on education issues in Tennessee.

Texas – Paxton’s Election Fraud Charges Upend Lives but Result in Few Convictions

MSN – Arelis Hernández and Molly Hennessy-Fiske (Washington Post) | Published: 9/2/2024

Leticia Sanchez was an activist in her majority-Latino community helping register people to vote before she was arrested in 2018. Texas Attorney General Ken Paxton accused her and three other Hispanic women of forming an “organized voter fraud ring” that targeted elderly voters by applying for mail-in ballots they had not requested. Five years later, the case was dismissed by the state’s highest criminal court. The case fits a pattern that has emerged in Texas under Paxton: aggressive prosecutions for alleged election fraud crimes that upend lives but result in few cases that go to trial and end in a conviction.

Texas – Top Harris County Health Official Fired after Chronicle Investigation into $6 Million Contract

MSN – Mike Morris (Houston Chronicle) | Published: 8/30/2024

Harris County Public Health Executive Director Barbie Robinson was fired amid a scandal over her department’s hiring of an embattled California consulting company for a lucrative contract. Records showed Robinson arranged for DEMA Consulting & Management to run two county COVID-19 testing and vaccination sites two months after she was named executive director in 2021. Then DEMA won a bigger, more competitive public health contract. Several email exchanges during the county’s procurement process for the second contract suggested possible conflicts-of-interest.

Utah – ‘Deceptive’ and ‘Misleading’: Ballot language to limit voters’ initiative power thrashed by critics – including Republicans

Salt Lake Tribune – Robert Gehrke (Sal Lake Tribune) | Published: 9/4/2024

Groups opposing a constitutional amendment that will ensure the Utah Legislature can repeal or amend any future ballot initiative are outraged by the way the issue will be presented on voters’ ballots in November. The question put before voters is whether to prohibit “foreign influence” on ballot initiatives and “clarifying the voters and legislative bodies’ ability to amend laws.” Opponents contend the description of the amendment “clarifying” the power of voters minimizes what they say is a power grab by the Legislature that would strip voters of their constitutional right to run ballot initiatives.

Vermont – House Ethics Panel Provided ‘Restorative Justice’ Response to Legislator’s Bag-Soaking Scheme

VTDigger.org – Sarah Mearhoff | Published: 8/29/2024

After investigating accusations that a state representative repeatedly bullied a colleague throughout the 2024 legislative session by secretly pouring water into his tote bag, the Vermont House Ethics Panel initiated a “restorative justice process as a response.” Rep. Jim Carroll, the target of the bullying, and Rep. Mary Morrissey, who admitted to the acts, said they met with the panel throughout this summer to discuss the incidents. A statement said Morrissey “is committed to making amends, including activities that encourage the development and strengthening of collaborative and positive relationships within the legislative community.”

Washington – Group Behind State Initiatives Accused of Violating State Anti-Corruption Laws with Discount Gas, Burgers

Spokane Spokesman-Review – Emry Dinman | Published: 9/4/2024

Let’s Go Washington was accused of illegally trying to sway voters to support four initiatives the group backs with offers of discount gas and burgers. The complaint filed with the state Public Disclosure Commission alleges Let’s Go Washington’s offer of cheaper gas, and in one case food during promotional events for the four initiatives, ran afoul of the state’s anti-corruption and anti-bribery laws.

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