January 10, 2024 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Elections Ohio: “Voting, Disability Rights Advocates Claim Ohio Photo Voter ID Law Violates Federal Disabilities Law” by Nick Evans for Ohio Capital Journal Ethics National: “Judges Skeptical That Trump Is Immune from Jan. 6 Prosecution” by Rachel Weiner, Spencer Hsu, Perry Stein, and Devlin […]

January 8, 2024 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance Alaska: “Alaska Ranked Choice Voting Opponents Fined Over $94K for Campaign Ethics Violations” by Iris Samuels for Anchorage Daily News Elections Massachusetts: “Liberal Group Files Challenge to Remove Trump from Massachusetts Primary Ballot” by Matt Stoudt (Boston Globe) for MSN Ohio: “Transgender Ohio […]

January 5, 2024 • Written by Jim Sedor

News You Can Use Digest – January 5, 2024

National/Federal Bomb Hoaxes and ‘Swatting’ Attempts Target Public Officials as 2024 Begins DNyuz – Neil Vigdor (New York Times) | Published: 1/4/2023 State Capitol buildings in seven states were evacuated or placed on lockdown after the authorities said they had received bomb […]

National/Federal

Bomb Hoaxes and ‘Swatting’ Attempts Target Public Officials as 2024 Begins

DNyuz – Neil Vigdor (New York Times) | Published: 1/4/2023

State Capitol buildings in seven states were evacuated or placed on lockdown after the authorities said they had received bomb threats that they described as false and nonspecific. The FBI said it had no information to suggest any threats were credible. There was a “swatting” attempt on Maine Secretary of State Shenna Bellows, which was intended to draw a heavily armed law enforcement response. The incidents intensified a climate of intimidation and the harassment of public officials, including those responsible for overseeing ballot access and voting.

Special Counsel Asks D.C. Judge to Bar Trump Misinformation at Trial

MSN – Perry Stein and Rachel Weiner (Washington Post) | Published: 12/27/2023

Federal prosecutors asked a judge to prohibit Donald Trump’s attorneys from introducing at his federal election obstruction trial “irrelevant disinformation” that is often part of Trump’s campaign speeches, such as President Biden coordinated with the Justice Department to bring criminal charges against him. Such filings are common in legal proceedings and aim to eliminate arguments at trial that prosecutors say are not supported by evidence or are irrelevant to the case and could mislead jurors.

Not Just the Supreme Court: Ethics troubles plague state high courts, too

MSN – Aaron Mendelson (USA Today) | Published: 1/3/2024

Across the country, state Supreme Courts wield enormous power over abortion, LGBTQ+ rights, and elections, among other issues. But judicial ethics at the state level receive scant attention. Experts say that is a mistake and potential problems are widespread. Many state high court justices make their own decisions about recusal, with virtually no opportunity for review. They often have a say in their own discipline. In numerous states around the country, they disclose only meager and hard-to-access data about their finances.

Report: Trump businesses received $7.8 million in foreign payments during presidency

MSN – Jacqueline Alemany (Washington Post) | Published: 1/4/2024

During Donald Trump’s presidency, his businesses received at least $7.8 million in payments from the foreign governments and officials of 20 countries, including China, Saudi Arabia, and Qatar, according to a report released by Democrats on the House Oversight Committee. The report argues the payments were in violation of the Constitution’s foreign emoluments clause, a provision that bars federal officials from accepting money or gifts from foreign governments without permission from Congress.

Appeals Court Reverses Conviction Against Jeff Fortenberry

MSN – Eric Bazail-Eimil (Politico) | Published: 12/26/2023

A federal appeals court overturned a conviction against former U.S. Rep. Jeff Fortenberry, saying the decision to try the lawmaker from Nebraska in California over alleged foreign campaign donations violated his due process rights. The panel found Fortenberry should not have been tried in Los Angeles, since the specific crimes he was prosecuted for occurred in the District of Columbia and Nebraska. It also rejected prosecutors’ arguments that criminal conduct also occurs where it would have an effect on a federal investigation.

Lawmakers Who Linger After Accepting New Jobs Stir Concerns

MSN – Justin Papp (Roll Call) | Published: 12/26/2023

U.S. Rep. Brian Higgins will depart Congress in February to start a new job as the director of Shea’s Performing Arts Center in Buffalo but will remain in office in the interim. He is not the only member of the House to accept a new job in November but linger in Congress for several months. Watchdogs argue ethical issues can arise when a member knows they have a set start date to work for another employer. Situations like Johnson’s and Higgins’ highlight the opacity of congressional ethics rules around outside employment and job negotiations.

Roberts Sidesteps Supreme Court’s Ethics Controversies in Yearly Report

MSN – Ann Marimow (Washington Post) | Published: 12/31/2023

The U.S. Supreme Court will be tested in the coming weeks to untangle politically consequential legal questions with the potential to reshape the 2024 presidential election. The court’s reputation remains marred by ethics controversies involving lavish travel and gifts, and public approval ratings remain low following high court rulings to overturn long-standing precedent. But Chief Justice John Roberts did not address any of those contemporary issues in his annual “Year-End Report on the Federal Judiciary.”

Sen. Bob Menendez Accused of Aiding Qatar in Exchange for Bribes

MSN – Shayna Jacobs (Washington Post) | Published: 1/2/2024

U.S. Sen. Robert Menendez is facing a new set of federal bribery allegations in a superseding indictment that accuses him of providing assistance to the government of Qatar as well as Egypt. While the indictment does not add charges, it makes public previously unknown allegations of corruption by Menendez, who headed the Foreign Relations Committee until he was charged several months ago. It is the second superseding charging document to be filed since Menendez surrendered.

Justice Dept. Accuses 2 Political Operatives of Hiding Foreign Lobbying During Trump Administration

MSN – Eric Tucker and Alan Suderman (Associated Press) | Published: 1/2/2024

Two political consultants provided false information about lobbying work on behalf of a Persian Gulf country during the Trump administration. Charging documents allege Barry Bennett, an adviser to Donald Trump’s 2016 presidential campaign, spearheaded a covert lobbying campaign aimed at advancing the interests of a foreign country. The country for whom the work was done is not named but it matches the description of Qatar. The Justice Department also reached a similar agreement with Douglas Watts, a political consultant who prosecutors say worked alongside Bennett and failed to register under the Foreign Agents Registration Act.

Special Counsel: Trump immunity claim threatens democracy

MSN – Josh Gerstein and Kyle Cheney (Politico) | Published: 12/30/2023

Donald Trump’s bold claims that he is immune from criminal prosecution over his efforts to overturn the 2020 presidential election “threaten to undermine democracy,” special counsel Jack Smith warned a federal appeals court. Smith rejected Trump’s contention that the criminal indictment of him for trying to reverse his loss at the polls three years ago is constitutionally invalid because he was serving as president at the time and because he was acquitted by the U.S. Senate after he was impeached for those actions.

New Spin on a Revolving Door: Pentagon officials turned venture capitalists

Seattle Times – Eric Lipton (New York Times) | Published: 12/31/2023

Former Pentagon officials and military officers have joined venture capital firms and are trying to use their connections in Washington to cash in on the potential to sell a new generation of weapons. They represent a new path through the “revolving door” that has always connected the Defense Department and the military contracting business. Retiring generals and departing Pentagon officials once migrated regularly to the established weapons makers. Now they are increasingly flocking to venture capital firms that have collectively pumped billions of dollars into startups offering the Pentagon new war-fighting tools.

From the States and Municipalities

Canada – Commissioner Says No Conflict in Rolling Stones’ Promo at Vancouver City Hall

Vancouver Is Awesome – Mike Howell | Published: 1/3/2024

Vancouver’s integrity commissioner ruled Mayor Ken Sim and three city council members did not breach the code of conduct when they promoted a Rolling Stones concert scheduled for July 2024 at BC Place Stadium. Sim and council members Sarah Kirby-Yung, Peter Meiszner, and Mike Klassen were the subject of a complaint from a citizen concerned about the band’s iconic tongue-and-lips logo being displayed on the facade of City Hall.

Arizona – Judge Rebuffs GOP Lawmakers’ Bid to Block Arizona Voters’ Dark Money Law

Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 12/29/2023

A judge ruled Arizona voters have an absolute right to enact laws requiring disclosure of “dark money’” political donations, even if Republican legislators do not approve. Maricopa County Superior Court Judge Timothy Ryan rejected a bid by House Speaker Ben Toma and Senate President Warren Petersen to block implementation of Proposition 211 ahead of campaign spending for the 2024 election. While Ryan gave the go-ahead for the law to take effect, he did not toss out the entire challenge.

California – Alameda County District Attorney Pamela Price Barred from Prosecuting Her Loudest Critic, a Former Prosecutor

MSN – Jakob Rodgers (San Jose Mercury News) | Published: 1/3/2024

A judge barred Alameda County District Attorney Pamela Price’s office from prosecuting one her loudest political critics in a misdemeanor case that has become a focal point in the recall effort against her. Superior Court Judge James Cramer ruled Price’s office has a “significant conflict of interest” in prosecuting Amilcar Ford, a former employee of hers who was charged over the summer with violating a little-used section of the state’s business and professions code. As a result, the case will now be handled by the state attorney general’s office.

California – DA Charges Ex-San Francisco Building Inspector Who Inspected His Own Home

San Francisco Standard – Michael Barba | Published: 1/2/2024

A former San Francisco building inspector who had inspected his own home is now facing criminal charges for alleged conflict-of-interest violations, District Attorney Brooke Jenkins announced Tuesday. Van Zeng was fired and charged after a media investigation revealed he conducted a series of questionable inspections on properties with ties to his family.

Florida – Miami City Manager’s Wife Was Hired for Office Remodeling, Raising Ethics Concerns

WLRN – Daniel Rivero and Joshua Ceballos | Published: 1/4/2024

When Miami City Manager Art Noriega wanted to remodel parts of his office at City Hall, his office picked a familiar salesperson from a familiar company to provide new furniture in contracts worth more than $37,000. The salesperson: Noriega’s wife, Michelle Pradere-Noriega. Her company has been awarded over $440,000 in city contracts for new office furniture and furniture assembly in her husband’s tenure as city manager. Ethics experts say the contracts could raise potential conflicts-of-interest because of Noriega’s high-ranking position in the city and may violate state ethics laws.

Florida – Daughter of Former Broward Mayor Fleeced Thousands of Dollars in Campaign Funds, Feds Say

Yahoo News – Grethel Aguila (Miami Herald) | Published: 1/3/2024

The daughter of former Broward Mayor Dale Holness was charged with fraud, accused of using thousands of dollars in campaign funds for personal expenses. The alleged fraud occurred from April 2019 through October 2020, when Richelle Holness was the treasurer for her father’s campaign. Richelle Holness is not the only family member to have faced federal fraud charges recently.

Georgia – Conservative Group Wins Legal Victory Over 2020 Voting Challenges in Georgia

DNyuz – Nick Corasaniti (New York Times) | Published: 1/2/2024

U.S. District Court Judge Steve Jones ruled a conservative group’s efforts to challenge the eligibility of hundreds of thousands of voters in the U.S. Senate runoff elections in Georgia in 2021 did not violate the Voting Rights Act under a clause outlawing voter suppression. The decision was relatively narrow, applying only to Jones’s district, and will do little to change the status quo. Right-wing election groups have already tried to help bring thousands of challenges to voter registrations in states across the country. But the opinion is likely to encourage conservative activists hunting for voter fraud during the 2024 presidential election.

Georgia – Federal Judge Approves Georgia’s Republican-Drawn Congressional Districts

MSN – Azi Paybarah (Washington Post) | Published: 12/28/2023

A federal judge in Georgia approved congressional districts redrawn by the state’s Republican-led legislature, ruling the new map did not continue to illegally dilute the power of Black voters as Democrats and civil rights groups have argued. Georgia is among several states where challenges to congressional maps could affect the makeup of the U.S. House next year.

Illinois – Ex-Illinois House Speaker Wins Six-Month Raincheck in Federal Corruption Trial

Courthouse News Service – Dave Byrnes | Published: 1/3/2024

A federal judge postponed the corruption trial of former Illinois House Speaker Mike Madigan. The decision pushes back the trial start date from April 1 of this year to October 8. Madigan faces 23 charges for racketeering, fraud, conspiracy, and bribery. Central to the charges against Madigan is the definition of “bribery” for public officials in the law. The Supreme Court threw a wrench into the government’s case against Madigan when it agreed to hear a bribery case out of Indiana challenging the interpretation of the section of the law.

Illinois – Former Chicago Alderman Ed Burke Convicted on 13 of 14 Counts at Landmark Federal Corruption Trial; Jury Convicts One Codefendant and Acquits the Other

MSN – Jason Meisner, Ray Long and Megan Crepeau (Chicago Tribune) | Published: 12/21/2023

A jury found former Chicago Ald. Ed Burke guilty on 13 of 14 corruption charges, including racketeering conspiracy, for scheming to use his clout at City Hall to pressure people into hiring his private law firm. Also convicted was real estate developer Charles Cui, who was accused of hiring Burke’s firm to do property tax appeals in exchange for the council member’s intervention in a permit dispute. Burke’s longtime ward aide, Peter Andrews Jr., was acquitted of all counts against him.

Kansas – Wichita City Council Votes to Amend Campaign Finance Ordinance

KSN – Ryan Newton and Zena Taher | Published: 1/2/2024

The Wichita City Council voted to amend the campaign finance ordinance. The amendment prohibits candidates from accepting contributions from foreign and domestic corporations and limited liability companies in city elections. Other entities, such as sole proprietorships, professional associations, partnerships, and PACs, would continue to be permitted to make political contributions.

Maine – Donald Trump Removed from Maine Primary Ballot by Secretary of State

MSN – Patrick Marley (Washington Post) | Published: 12/29/2023

Maine barred Donald Trump from the primary ballot, becoming the second state to block the former president from running again because of his actions before and during the attack on the U.S. Capitol. The challenges to Trump’s candidacy have focused on primaries because Republicans will not choose their nominee until states hold their nominating contests and the party holds its national convention in July. If Trump’s ability to run has not been resolved by then, attention would shift to the general election.

Maryland – Scott Makes His Baby Registry Private, While Ethics Officials Say the Mayor Never Sought a Gift Solicitation Waiver

Baltimore Brew – Mark Reutter | Published: 12/29/2023

Two days after it was reported that Baltimore Mayor Brandon Scott was soliciting online for cash, gift cards, and baby supplies for his newborn son, the registry was switched to a private setting. The action came after the chairperson of the city Ethics Board and Baltimore’s inspector general said the mayor never requested a gift solicitation waiver to conduct online fundraising. Scott and his fiancée, Hana Pugh, have so far received more than 95 gifts on their Babylist site. They include at least six $50 cash gifts. The is a city ban on gifts $20 and over.

Michigan – Staffers for Ex-Speaker Lee Chatfield Plead Not Guilty in Financial Misconduct Case

Detroit Free Press – Arpan Lobo | Published: 1/3/2024

Anne and Rob Minard, who worked for former Michigan House Speaker Lee Chatfield, were arraigned as they face a series of charges stemming from their alleged misappropriation of funds. Affidavits paint a picture of alleged repeated reimbursements to the couple for expenses that were actually paid for with funds from various nonprofits associated with Chatfield.

Michigan – Michigan Supreme Court Allows Trump to Appear on 2024 Primary Ballot

MSN – Patrick Marley (Washington Post) | Published: 12/27/2023

Donald Trump’s name is set to appear on Michigan’s primary ballot after the state Supreme Court declined to hear a challenge to his candidacy. The decision provides Trump with a new victory as he tries to get himself restored to the ballot in Colorado and avoid getting knocked off the ballot in other states.

New Jersey – ELEC Moves to Assert Jurisdiction in Jersey Freedom ‘Dark Money’ Lawsuit

Press of Atlantic City – Michelle Brunetti Post | Published: 1/3/2024

The New Jersey Election Law Enforcement Commission (ELEC) is asserting its “primary jurisdiction” over investigating and punishing election reporting violations in an amicus brief in a lawsuit against the “dark money” group Jersey Freedom. The New Jersey Republican State Committee sued Jersey Freedom, alleging the group was not complying with state law on reporting its donors and expenditures. Jersey Freedom’s lawyer moved to dismiss the lawsuit, arguing ELEC should handle any complaints against Jersey Freedom.

New York – Hochul Vetoes Controversial Campaign Finance Changes

Albany Times Union – Joshua Solomon | Published: 12/27/2023

Gov. Kathy Hochul vetoed a bill that would have amended the state’s newly established system to publicly finance political campaigns by changing the dollar threshold for candidates to qualify in state elections. The bill would have allowed for the first $250 of any contribution to a campaign in an election cycle to be matched by state funding. Currently, the program only allows matching donations for contributors who gave no more than $250 in a cycle. The amended version would have allowed larger contributions from wealthy donors to receive a taxpayer-funded boost.

Oregon – Oregon Lawmakers’ Overseas Trips Funded by Lobby Groups, Taiwanese Government

Oregon Capital Chronicle – Julia Shumway | Published: 12/22/2023

Oregon lawmakers jetted off to Taiwan, Portugal, Denmark, and technology hubs in California this fall, all paid for by companies and groups that have a keen interest in the laws they pass. These junkets, once common, have been rarer in recent years due to the COVID pandemic and associated travel restrictions. While some trips took lawmakers to tourist destinations, those who went say they were a far cry from the luxurious lobbyist-paid trips to Hawaii, China, and Israel taken by lawmakers in the 2000s that resulted in stricter state ethics laws.

Pennsylvania – Despite Ethics Concerns, Shapiro Will Keep Accepting Tickets from a Group That Gets State Money

Spotlight PA – Stephen Caruso and Katie Meyer | Published: 12/22/2023

Pennsylvania Gov. Josh Shapiro will continue to receive gifts from Team Pennsylvania, a public-private partnership that says it works to improve the state’s “competitiveness and economic prosperity.” This year it paid for tickets and lodgings for Shapiro to attend the Super Bowl in Arizona and funded his tickets to a Philadelphia Phillies playoff game and a Penn State football game. One expert said taking tickets from Team PA could conflict with Shapiro’s gift ban, which bars executive branch employees from accepting goods or services, like tickets, from any “person or entity” that “has financial relations with the commonwealth.”

South Dakota – ‘Governor’s Cup’ Rodeo Among Recipients of Millions from Public Fund Controlled by Noem

Yahoo News – Joshua Haiar (Sioux Falls Argus Leader) | Published: 12/29/2023

In September, Gov. Kristi Noem carried the American flag on horseback into a Sioux Falls arena full of fans. It was the Cinch Playoffs Governor’s Cup with $1 million in prize money. Noem handed out awards, posed for photos with the winners, and shared the images with thousands of followers on her social media accounts. Several months earlier, Noem had decided to use tax dollars from South Dakota employers to help pay for the event.

Tennessee – Tennessee Legislature Can Shield Its Harassment Investigation Records, Judge Rules

MSN – Melissa Brown (Tennessean) | Published: 1/3/2024

The Tennessee General Assembly can legally shield its records of sexual harassment investigations from the public, a judge ruled in a lawsuit related an investigation last spring that led to the abrupt resignation of then-Rep. Scotty Campbell. A Nashville attorney sued the Office of Legislative Administration and its director over unfulfilled public records requests regarding the Legislature’s response to Campbell’s harassment complaint and the General Assembly’s related expenditures.

Virginia – Push for Campaign Finance Reform to Return in Virginia Legislative Session

Richmond Times-Dispatch – Katie King (Virginian-Pilot) | Published: 1/1/2024

Virginia Del. Marcus Simon prefiled legislation for the next General Assembly session that would prohibit politicians from using campaign donations on personal expenditures. Virginia politicians can legally spend campaign donations on essentially anything, and there is no limit on who can contribute or how much donors can give. Although past efforts were unsuccessful, the General Assembly will have many new faces this year, meaning the bill could potentially find new supporters.

January 4, 2024 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance Kansas: “Wichita City Council Votes to Amend Campaign Finance Ordinance” by Ryan Newton and Zena Taher for KSN Virginia: “Push for Campaign Finance Reform to Return in Virginia Legislative Session” by Katie King (Virginian-Pilot) for Richmond Times-Dispatch Elections Georgia: “Conservative Group Wins Legal […]

January 3, 2024 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance Arizona: “Judge Rebuffs GOP Lawmakers’ Bid to Block Arizona Voters’ Dark Money Law” by Howard Fischer (Capitol News Services) for Arizona Daily Star Illinois: “Big Money, Big Problems. Deep-Pocketed, Self-Funding Candidates and Dark Money Mar Illinois Politics” by Tina Sfondeles for Chicago […]

December 22, 2023 • Written by Jim Sedor

News You Can Use Digest – December 22, 2023

National/Federal Here Are the Other States Where Trump’s Ballot Eligibility Faces a Challenge Las Vegas Sun – Nick Corasaniti (New York Times) | Published: 12/21/2023 The decision by the Colorado Supreme Court to disqualify Donald Trump from holding office again was the […]

National/Federal

Here Are the Other States Where Trump’s Ballot Eligibility Faces a Challenge

Las Vegas Sun – Nick Corasaniti (New York Times) | Published: 12/21/2023

The decision by the Colorado Supreme Court to disqualify Donald Trump from holding office again was the first victory for a legal effort that is still unfolding across the country. At least 16 other states have pending legal challenges to Trump’s eligibility for office under the 14th Amendment. The U.S. Supreme Court will face some pressure from the political calendar if it takes up an appeal. Colorado Secretary of State Jena Griswold said her office must certify which candidates are on the ballot by January 5 to print ballots in time for the state’s primary election two months later.

A Fight for Black Representation, with a Civil Rights Landmark on the Line

MSN – Patrick Marley (Washington Post) | Published: 12/13/2023

Litigation filed across the South that alleges Republican lawmakers illegally drew district lines to limit the power of minority voters. The outcome of the suits likely will influence which party controls the next Congress. The cases will also test how much a 58-year-old landmark of the civil rights era still matters. The potency of the Voting Rights Act has been eroded in recent years by the courts. Voting rights advocates view the decisions as a threat to the guarantee all eligible voters can cast ballots and people of color will get an equal say. Conservatives say it is less necessary after generations of progress for minority groups.

FEC Revises Rules for Candidates Drawing Salaries from Campaigns

MSN – Daniela Altimari (Roll Call) | Published: 12/15/2023

Advocates for working-class candidates are applauding a new FEC rule that makes it easier for those running for Congress to draw salaries from their campaign accounts. The rule more accurately reflects the demands of running for federal office, which typically require full-time campaigning for a year or more leading up to the election, said Shana Broussard, a Democratic member of the FEC.

The Rise of AI Fake News Is Creating a ‘Misinformation Superspreader’

MSN – Pranshu Verma (Washington Post) | Published: 12/17/2023

Artificial intelligence is automating the creation of fake news, spurring an explosion of web content mimicking factual articles that instead disseminates false information about elections, wars, and natural disasters. Historically, propaganda operations have relied on armies of low-paid workers or highly coordinated intelligence organizations to build sites that appear to be legitimate. But AI is making it easy for nearly anyone to create these outlets, producing content that is at times hard to differentiate from real news.

Ron DeSantis Wanted to Change the Way Campaigns Were Funded. Then the Fights Started.

MSN – Michael Scherer, Hannah Knowles, and Josh Dawsey (Washington Post) | Published: 12/16/2023

Florida Gov. Ron DeSantis had a plan to change how presidential campaigns are usually funded as he sought the White House. His first campaign manager developed the strategy and selected the leadership to lead a new super PAC called Never Back Down. Under campaign finance rules, the PAC and the campaign could not privately coordinate most of their spending. But they aimed to function as an integrated whole. It was the first time a major campaign ceded so much of its operations to an entity it could not legally control. With just weeks to go before the Iowa caucuses, the experiment is now in tatters.

GOP Voter-Fraud Crackdown Overwhelmingly Targets Minorities, Democrats

MSN – Justin Jouvenal (Washington Post) | Published: 12/20/2023

As Donald Trump falsely claimed the 2020 presidential election was stolen from him, Republicans in some states launched special units to prosecute voter fraud as part of a controversial push to stamp out cheating some claimed was rampant. But the election integrity units obtained only 47 convictions during a period in which tens of millions of votes were cast, and the units overwhelmingly targeted minorities and Democrats for prosecution, according to an analysis by The Washington Post.

Venezuela Hands over ‘Fat Leonard,’ Mastermind in U.S. Navy Scandal

MSN – Samantha Schmidt, Ana Vanessa Herrero, and Craig Whitlock (Washington Post) | Published: 12/20/2023

Leonard Glenn Francis, the fugitive defense contractor who admitted to a $35 million bribery scheme in the largest corruption scandal in U.S. military history, was arrested and returned by Venezuela to the United States as part of a major prisoner swap between the estranged countries. Francis, known as “Fat Leonard,” was apprehended by Venezuelan authorities in Caracas last year after escaping U.S. sentencing.

Feds Charge Ex-Miami Congressman Rivera Anew with Breaking Income Tax Laws in Venezuela Case

MSN – Jay Weaver (Miami Herald) | Published: 12/19/2023

A year after being charged with working as an unofficial agent for the Venezuelan government, former U.S. Rep. David Rivera is now accused of failing to report hundreds of thousands of dollars in income and diverting some of that money through a campaign account to himself. The charges were added to an original indictment that charges Rivera with acting as an agent for Venezuela without legally registering wit for a lobbying job that paid him $20 million before he was fired.

A ‘Delicate Matter’: Clarence Thomas’ private complaints about money sparked fears he would resign

ProPublica – Justin Elliot, Joshua Kaplan, Alex Mierjeski, and Brett Murphy | Published: 12/18/2023

In January 2000, Justice Clarence Thomas gave a speech at an off-the-record conservative conference. He was seated next to a Republican member of Congress on the flight home. The lawmaker left the conversation worried Thomas might resign. Congress should give Supreme Court justices a pay raise, Thomas told him – if lawmakers did not act, “one or more justices will leave soon.” Documents and interviews offer insight into how Thomas was talking about his finances in a crucial period in his tenure, just as he was developing his relationships with a set of wealthy benefactors.

Material From Russia Investigation Went Missing as Trump Left Office

Seattle Times – Maggie Haberman, Julian Barnes, Charlie Savage, and Jonathan Swan (New York Times) | Published: 12/15/2023

Material from a binder with highly classified information connected to the investigation into Russian efforts to meddle in the 2016 election disappeared in the final days of Donald Trump’s presidency, two people familiar with the matter said. The disappearance of the material, known as the “Crossfire Hurricane” binder for the name given to the investigation by the FBI, vexed national security officials and set off concerns that sensitive information could be inappropriately shared.

House Dysfunction by the Numbers: 724 votes, only 27 laws enacted

Yahoo News – Annie Karni (New York Times) | Published: 12/19/2023

In 2023, the Republican-led U.S. House has passed only 27 bills that became law, despite holding a total of 724 votes. That is more voting and less lawmaking than at any other time in the last decade. The numbers reflect the challenges that have plagued Republicans and are likely to continue, and maybe even get worse, in 2024.

Judge Orders Rep. Scott Perry to Disclose 1,600 Messages to Federal Prosecutors

Yahoo News – Kyle Cheney (Politico) | Published: 12/19/2023

A judge ruled U.S. Rep. Scott Perry must disclose to federal prosecutors more than 1,600 emails, text messages, and other communications related to the investigation into Donald Trump and his allies’ bid to subvert the 2020 election. District Court Judge James Boasberg concluded that the vast majority of the messages Perry exchanged, some with other members of Congress, some with members of the Trump administration, and some with allies outside of government, could not be shielded from prosecutors by Perry’s constitutional protections as a member of Congress.

From the States and Municipalities

Arizona – Dem Lawmaker Sun Goes Before Ethics Committee for Intimidation, Alleged Death Threat

Arizona Mirror – Gloria Rebecca Gomez | Published: 12/19/2023

A school superintendent, a trio of Tolleson city officials, and a social worker are accusing Arizona Rep. Leezah Sun of using her position to intimidate and harass them – in one case, even going so far as making a death threat – but she maintains the allegations are false and overblown. The House Ethics Committee considered a bevy of allegations made against Sun and whether her behavior meets the Legislature’s threshold for disorderly conduct of one of its members.

California – Independent Governance Reform Group Calls for Stronger Ethics Commission

MSN – Caroline Petrow-Cohen (Los Angeles Times) | Published: 12/14/2023

After three years marked by scandal in City Hall, an independent government reform group is recommending a larger and more powerful Los Angeles Ethics Commission. The newly imagined commission would have seven members instead of five and would have the authority to approve city council ethics legislation. They also would be able to place proposed policy changes directly on the ballot with a supermajority vote. The revamp is part of a larger set of recommendations put forth by the Los Angeles Governance Reform Project.

California – Orange Becomes the Latest City in OC to Strengthen Lobbyist Rules

Voice of OC – Hosam Elattar | Published: 12/19/2023

Orange County’s largest public corruption scandal in recent history is leading some city officials in the county to tighten regulations and try to create more transparency surrounding lobbyists. Officials in the city of Orange voted to finalize an ordinance that would require lobbyists to register and publicly disclose their activities in the city.

California – Can an Ethics Officer Restore Trust in Anaheim After the FBI Corruption Scandal?

Voice of OC – Spencer Custodio | Published: 12/14/2023

Elected officials in Anaheim are slated to create an ethics officer position to oversee campaign finance laws, public records requests, and a host of other good government practices in the wake of Orange County’s public corruption scandal. City council members are also expected to discuss reforming the city’s campaign finance laws next year.

California – Fresno Councilmember Under Scrutiny for Private Jet Travel with Executive

Yahoo News – Tim Sheehan (Fresno Bee) | Published: 12/18/2023

Fresno City Councilmember Miguel Arias is under investigation by the California Fair Political Practices Commission following an anonymous complaint over a private flight he accepted from a commercial trash contractor who does business with the city. Arias said he reimbursed Joseph Kalpakoff, president of Mid Valley Disposal, for the full cost of the flight. Arias acknowledged the reimbursement was delayed by more than the statutory 30 days in state law.

Colorado – Trump Disqualified from Colorado’s 2024 Primary Ballot by State Supreme Court

MSN – Patrick Marley and Azi Paybarah (Washington Post) | Published: 12/19/2023

In a historic decision, the Colorado Supreme Court barred Donald Trump from running in the state’s presidential primary after determining he had engaged in insurrection on January 6, 2021. The ruling marked the first time a court has kept a presidential candidate off the ballot under an 1868 provision of the Constitution that prevents insurrectionists from holding office. If other states reach the same conclusion, Trump would have a difficult, if not impossible, time securing the Republican nomination and winning in November.

Florida – ‘You Can’t Morally Lead’: Florida Republicans strip party chair of power

MSN – Kimberly Leonard (Politico) | Published: 12/14/2023

The Republican Party of Florida voted to strip Chairperson Christian Ziegler of his power, reduce his salary to one dollar, and begin a three-week countdown to formally oust him from his position. Police are investigating Ziegler after a woman accused him of rape. His refusal to step down has forced party members to deal with an ongoing embarrassment ahead of the 2024 elections.

Florida – Absentee Mayor: Miami’s Francis Suarez blurs line between public duty, pursuit of wealth

Yahoo News – Sarah Blaskey, Joey Flechas, Tess Riski, and Susan Merriam (Miami Herald) | Published: 12/18/2023

Mayor Francis Suarez spent at least 85 days outside Miami in 2022, including about half those days abroad, primarily in the Middle East. He is on track to be out of town just as much in 2023. He will not give any specifics about what he has been doing in the Middle East. His penchant for secrecy, including not naming his legal clients, makes it nearly impossible to identify potential conflicts-of-interest between Suarez’s public office and his much more lucrative private business endeavors.

Georgia – Rudy Giuliani Ordered to Pay $148 Million for False 2020 Election Claims

MSN – Spencer Hsu, Tom Jackman, Rachel Weiner, and Olivia Diaz (Washington Post) | Published: 12/15/2023

A jury awarded $148 million in damages to two former Georgia election workers who sued Rudy Giuliani for defamation over lies he spread about them in 2020 that upended their lives with racist threats and harassment. The verdict came in a defamation lawsuit filed against Giuliani by election workers Ruby Freeman and Wandrea ArShaye “Shaye” Moss, whom Donald Trump and others on the former president’s campaign and legal teams falsely accused of manipulating the absentee ballot count in Atlanta.

Georgia – Appeals Court Shoots Down Mark Meadows’ Bid to Derail Georgia Racketeering Case

Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 12/18/2023

A federal appeals court denied Mark Meadows’ bid has to move his Georgia-based criminal charges into federal court, rejecting a procedural gambit that could have derailed the state’s election-related charges against not only Meadows but also Donald Trump. Meadows could appeal the ruling to the Supreme Court. But for now, the ruling from a three-judge panel of the 11th Circuit Court of Appeals keeps on track Fulton County District Attorney Fani Willis’ racketeering prosecution of Trump, Meadows, and a dozen other allies for efforts connected to the bid to subvert the 2020 election.

Indiana – Supreme Court to Review Former Indiana Mayor’s Corruption Appeal

Bloomberg Law News – Lydia Wheeler | Published: 12/13/2023

The U.S. Supreme Court will hear an appeal from former Portage Mayor James Snyder, who was convicted of bribery for accepting money from a government contractor for what he said were “consulting services.” Federal prosecutors say Snyder successfully steered two contracts for town garbage trucks worth $1.125 million to a trucking company in return for $13,000.

Kansas – A Lawsuit by Latinos in Kansas Claims Their City’s Election Method Is Unfair

MSN – Silvia Foster-Frau (Washington Post) | Published: 12/19/2023

Known for its cowboy culture and as a symbol of the Western frontier, Dodge City, Kansas, an emblem of an older, Whiter America, is now 65 percent Latino. Despite its changing demographics, the city commission – the local body in charge of enacting policies that affect its residents most directly – remains nearly all White. Every commissioner is elected city-wide rather than by just one district. Experts who study representation have found at-large election systems have frequently diluted the minority vote in towns and cities with significant non-White populations across the country.

Kansas – Kansas Supreme Court Rules Against Kris Kobach and Scott Schwab in Election Law Case

MSN – Jason Alatidd (Topeka Capital Journal) | Published: 12/15/2023

The Kansas Supreme Court sided with voter advocacy groups in a lawsuit against Secretary of State Scott Schwab and Attorney General Kris Kobach challenging the legality of an election law enacted by the Republican-controlled Legislature over the veto of Gov. Laura Kelly. The matter was one of two argued before the Supreme Court this year stemming from the same case. The ruling addressed the dispute over a provision of House Bill 2183 that makes it a felony crime to impersonate an election official.

Kentucky – Kentucky Supreme Court Upholds Congressional Boundaries Passed by GOP-Led Legislature

ABC News – Bruce Scheiner (Associated Press) | Published: 12/14/2023

The Kentucky Supreme Court upheld Republican-drawn boundaries for state House and congressional districts, rejecting Democratic claims the majority party’s mapmaking amounted to gerrymandering in violation of the state constitution. The court noted an alternative proposal would have resulted in nearly the same lopsided advantage for Republicans in House elections and would not have altered the GOP’s advantage in U.S. House seats from the state.

Michigan – Appeals Panel Won’t Block Trump from Michigan’s Presidential Primary Ballot

Detroit News – Beth LeBlanc | Published: 12/14/2023

The Michigan Court of Appeals will not block Donald Trump from the state’s presidential primary ballot, ruling the issue is not ripe for a decision from a three-judge panel. The decision upheld lower court rulings that found arguments Trump should be disqualified from the ballot under the Insurrection Clause were not yet relevant ahead of Michigan’s February 27 presidential primary. Opponents seeking to oust Trump from the ballot had asked judges to order Secretary of State Jocelyn Benson to determine Trump’s eligibility.

Minnesota – Judge Halts Minnesota Law Barring Donations by Businesses with Level of Foreign Investors

Minnesota Public Radio – Brian Bakst | Published: 12/20/2023

A federal judge halted a Minnesota campaign finance law that aimed to curtail political donations from corporations with at least some degree of foreign ownership. The Minnesota Chamber of Commerce won an injunction while a lawsuit filed in July proceeds. U.S. District Court Judge Eric Tostrud said the law could squelch speech and is therefore counter to the First Amendment. His ruling also said lawmakers failed to show how contributions or independent spending by companies with foreign shareholders results in undue influence.

Missouri – In a Statehouse Short on Space, Missouri Speaker Converted an Office into a Liquor ‘Pantry’

Missouri Independent – Jason Hancock | Published: 12/20/2023

Room 306B is not the biggest office in the space-starved Missouri statehouse, where staff often work out of tiny, windowless rooms. But it has direct access to the House Lounge, where conference committees, leadership meetings, and press conferences are often held. Speaker Dean Plocher took over that space and converted it into what has been jokingly referred to as his “butler’s pantry,” a makeshift storage room stocked with liquor, beer, wine, and soda to complement the supply in his separate office.

New Mexico – Ethics Commission Affirms State Treasurer Laura Montoya Violated Campaign Finance Law

MSN – Daniel Chacón (Santa Fe New Mexican) | Published: 12/20/2023

The State Ethics Commission upheld a hearing officer’s decision finding New Mexico Treasurer Laura Montoya violated campaign finance reporting laws by accepting $10,000 in concealed contributions. An investigation revealed Montoya received the money from a real estate developer through a PAC that acted as a conduit and then failed to report the true source of the donation.

New Mexico – Ethics Board Advances Search for Online Critic ‘Jay Baker’

Santa Fe New Mexican – Carina Julig | Published: 12/14/2023

The Ethics and Campaign Review Board ruled a complaint filed by incoming city council member Pilar Faulkner against an online critic known as “Jay Baker” could move forward but two other complaints filed after the recent election could not. Jay Baker is an anonymous Facebook poster who is a frequent critic of Mayor Alan Webber’s administration. In her complaint, Faulkner alleges the poster paid for digital ads without including identifying information required under city law.

New York – State Ethics Panel in Limbo as It Appeals Ruling It’s Unconstitutional

Albany Times Union – Brendan Lyons | Published: 12/18/2023

The ability of New York’s ethics panel to investigate complaints and impose penalties remains in limbo after a state Supreme Court justice issued a stay on the commission’s request to continue performing its ministerial duties as it awaits an appellate court’s review of whether its structure violates the state constitution. State Supreme Court Justice Thomas Marcelle determined the commission was formed and assigned enforcement powers in violation of the constitution, in part, because it was not done through a constitutional amendment that would have required a vote “of the people.”

New York – After 40 Witnesses and 43 Days of Testimony, Here’s What We Learned at Trump’s Civil Fraud Trial

MSN – Michael Sisak and Jennifer Pelz (Associated Press) | Published: 12/15/2023

New York Attorney General Letitia James has accused Donald Trump of inflating his wealth on financial statements used to secure loans and make deals. Closing arguments are scheduled for early January. The judge has already ruled Trump is liable for making fraudulent statements, but other claims and a potential final penalty still need to be decided. The trial offered fresh insight into Trump’s finances and gave a glimpse of Trump’s political and legal strategies as his court and campaign calendars increasingly overlap.

Oklahoma – Oklahoma Rural Water Association PAC Turns Itself in for Ethics Violations

KOSU – Graycen Wheeler | Published: 12/19/2023

In 2015, the Oklahoma Rural Water Association (ORWA) formed a PAC to accept donations and support candidates. The PAC broke state rules about political contributions and recordkeeping. It agreed to pay $12,000 to Oklahoma’s general revenue fund before dissolving its assets, getting rid of its funds, and shutting down.

Oklahoma – Ethics Commission Retains Attorney Ahead of ‘Nightmare’ Guardian System Scenario

NonDoc – Michael McNutt | Published: 12/15/2023

With the plug possibly being pulled on the public website for state-level campaigns and lobbyist reporting in the middle of the 2024 election cycle, the Oklahoma Ethics Commission authorized its executive director to retain an attorney to file a claim in a contractual dispute with the system’s vendor. Representatives from Civix, a public software and services firm, notified the Ethics Commission in July that the software used to operate The Guardian System would no longer be updated after July 1, 2024.

Oregon – Portland’s Campaign Finance Program Scales Back Ahead of 2024 Election

OPB – Alex Zielinski | Published: 12/19/2023

Portland’s public campaign financing program does not have enough money to operate at full capacity ahead of the 2024 election. For some candidates, this means losing hundreds of thousands of anticipated dollars to run their campaigns. The city’s Small Donor Election program works to help candidates who lack wealthy donors by rewarding those who pledge to only accept individual campaign contributions under $250.

South Carolina – Nancy Mace Racked Up Nearly $17K in Fines as a State Rep. She Will Only Pay a Fraction of It.

Charleston Post and Courier – Nick Reynolds | Published: 12/14/2023

In the years after leaving the South Carolina House, U.S. Rep. Nancy Mace amassed thousands of dollars in unpaid ethics fines due to an old campaign account she never closed. With $16,700 in unpaid fines as of March 2023, Mace was one of the largest delinquent accounts the House Ethics Committee had on its books. Mace finally closed the account on December 12. And after years of trying, the Ethics Committee might finally collect on those fines. It will just be a lot less than they were owed.

South Dakota – New Briefs Details South Dakota Officials’ Questions About Conflict of Interest Clause

Yahoo News – Annie Todd (Sioux Falls Argus Leader) | Published: 12/14/2023

The South Dakota governor, attorney general, and Legislature sent briefs to the state Supreme Court so the justices can issue clearer guidance on the state constitution’s contract clause. Gov. Kristi Noem had requested the Supreme Court issue an advisory opinion back in October. The request came after former Sen. Jessica Castleberry resigned following an investigation that found she had improperly received COVID-19 federal stimulus loans for her daycare business, violating the state constitution.

Tennessee – Tennessee Legislature’s Harassment Policy So Far Unchanged Since Lawmaker Resignation

Yahoo News – Vivian Jones (Tennessean) | Published: 12/20/2023

No changes have been made to the Tennessee Legislature’s workplace harassment policy after a lawmaker faced no known consequences from Republican leadership following an ethics panel finding he harassed a 19-year-old intern last year. Former Rep. Scotty Campbell maintained his elected seat, committee assignments, office and staff, and his leadership position as vice chair of the House Republican Caucus until mounting public pressure led him to suddenly resign.

West Virginia – W.Va. Governor’s Efforts to Save Coal Plant Raise Conflict-of-Interest Concerns

E&E News – Scott Waldman | Published: 12/20/2023

West Virginia Gov. Jim Justice went to unusual lengths four years ago to save a single coal-burning power plant. Now that he is running for the U.S. Senate, his efforts to rescue that plant are coming under new scrutiny as he tries to step onto the national stage. Justice leaned on state lawmakers in 2019 to pass an annual $12.5 million tax break for the plant, which was owned by a subsidiary of FirstEnergy. At the time, FirstEnergy was suing a Justice family coal company for $3.1 million over a contract dispute.

December 20, 2023 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance Oklahoma: “Oklahoma Rural Water Association PAC Turns Itself in for Ethics Violations” by Graycen Wheeler for KOSU Oregon: “Portland’s Campaign Finance Program Scales Back Ahead of 2024 Election” by Alex Zielinski for OPB Elections Colorado: “Trump Disqualified from Colorado’s 2024 Primary Ballot by […]

December 18, 2023 • Written by Ryan Silvestro

Washington Updates Lobbying Reporting Thresholds

Washington State Capitol Building - Cacophony

The Public Disclosure Commission recently voted to adjust the lobbying reporting thresholds due to inflation. This was decided after a public hearing was held and is a continuation of a broader effort to update the thresholds through the state’s political […]

December 15, 2023 • Written by Jim Sedor

News You Can Use Digest – December 15, 2023

National/Federal Kevin McCarthy Uses PAC to Lavish Cash on High-End Resorts, Private Jets and Fine Dining MSN – Paul Pringle and Adam Elmahrek (Los Angeles Times) | Published: 12/7/2023 As her exits Congress two months after his historic ouster as House speaker, […]

National/Federal

Kevin McCarthy Uses PAC to Lavish Cash on High-End Resorts, Private Jets and Fine Dining

MSN – Paul Pringle and Adam Elmahrek (Los Angeles Times) | Published: 12/7/2023

As her exits Congress two months after his historic ouster as House speaker, political obituaries tout Kevin McCarthy’s skills as a prolific fundraiser on behalf of Republican candidates. Also setting him apart from other congressional leaders was his roughly decade-long pattern of using his Majority Committee PAC to spend lavishly on hotels, private jets, and fine dining establishments, according to a Los Angeles Times analysis. From 2012 through last June, McCarthy’s PAC shelled out more than $1 million on hotels, private air travel, and eateries.

Trump Gag Order Reinstated but Narrowed in Jan. 6 Case

MSN – Rachel Weiner (Washington Post) | Published: 12/8/2023

A federal appeals court narrowed an order limiting what Donald Trump can say about people involved in the criminal case alleging he tried to subvert the 2020 election results, saying he cannot talk about witnesses’ involvement or single out other individuals in ways likely to interfere with the case. U.S. District Court Judge Tanya Chutkan had prohibited him from “targeting” any individuals involved in the case involved in the case. The judges said “targeting” was too broad a prohibition on Trump and could be “chilling speech” unlikely to have any impact on the case.

House Ethics Committee Requests Interview with Witness in Gaetz Probe

MSN – Paula Reid and Annie Grayer (CNN) | Published: 12/7/2023

The House ethics committee reached out to at least one witness as part of its investigation into U.S. Rep. Matt Gaetz to schedule an interview in the coming weeks, the latest sign the once dormant probe remains open. The Justice Department in February informed Gaetz’s lawyers it would not bring criminal charges against the Florida Republican after a yearslong sex-trafficking investigation. Gaetz has repeatedly denied any wrongdoing.

Dictator-for-a-Day? Scholars Say Trump Can Do Damage Without Being One.

MSN – Sarah Ellison (Washington Post) | Published: 12/11/2023

For autocracy scholars and constitutional law experts, Donald Trump’s statements about being a dictator for a day if he is elected again raised alarms that he had thought carefully about how to consolidate the levers of power should he return to office in ways that eluded him in his first four years in the White House. Scholars say even without violating the letter of the law, Trump would have access to broad powers granted to him as chief of the executive branch. He does not need to become a dictator to subvert democracy, they say: he can simply use the tools of democracy to do so.

As Advertisers Flee Musk’s X, Democrats Splurge on Political Ads

MSN – Cristiano Lima and Aaron Schaffer (Washington Post) | Published: 12/11/2023

Advertisers are fleeing Elon Musk’s X amid rising concerns the social media site and its owner are amplifying antisemitic and hateful material. But an unlikely group of holdouts has continued to pump ad dollars into the embattled platform: Democrats running for office. Democrats have spent over a million dollars to run thousands of political ads on X since the platform lifted its ban on such messages earlier this year.

Supreme Court Will Consider Fast-Tracking Trump Appeal in D.C. Trial

MSN – Devlin Barrett, Perry Stein, Robert Barnes, and Rachel Weiner (Washington Post) | Published: 12/11/2023

The U.S. Supreme Court will consider special counsel Jack Smith’s request to fast-track consideration of Donald Trump’s claim he is immune from prosecution for alleged election obstruction in 2020, intensifying the legal jockeying over whether Trump’s criminal trial will stay on schedule for early next year. The response by the Supreme Court came hours after Smith’s office filed its request seeking to essentially leapfrog an appeals court process that Trump has already started but which could take months to resolve.

DeSantis’ Campaign and Allied Super PAC Face New Concerns About Legal Conflicts, AP Sources Say

MSN – Steve Peoples and Thomas Beaumont (Associated Press) | Published: 12/12/2023

As Florida Gov. Ron DeSantis works to project strength in the Republican presidential primaries and cut into Donald Trump’s huge lead, DeSantis’s expansive political machine is facing leadership challenges, stagnant polling numbers, and new concerns about potential legal conflicts. There has been concern in recent weeks among some within DeSantis’s operation that interactions between his campaign and his network of outside groups are blurring the lines of what is legally permissible.

Still Lacking Evidence, House GOP Votes to Formalize Biden Impeachment Inquiry

MSN – Jaqueline Alemany and Matt Viser (Washington Post) | Published: 12/13/2023

House Republicans voted to formally authorize an impeachment inquiry against President Biden to strengthen their oversight powers as GOP lawmakers continue to investigate the Biden family’s finances. The foundation of the impeachment inquiry rests on an unsubstantiated allegation that has become the linchpin of conspiracy theories and false claims regarding the Biden family’s purported corrupt and criminal conduct.

A ‘Black Hole’ Exists in State Lobbying Disclosures: Report

Yahoo News – Taylor Giorno (The Hill) | Published: 12/13/2023

A report commissioned by Public Citizen found 98 percent of S&P 500 companies do not provide their investors with state-specific data on lobbying activity. Since 2010, investors have filed 576 shareholder resolutions requesting more details on how much companies spend on lobbying activities and oversight of those activities, the report found. The only S&P 500 company that disclosed material risk connected to lobbying on its annual report to investors was FirstEnergy, which was wrapped up in a recent scandal that thrust this issue into the spotlight.

Supreme Court Will Review Scope of Obstruction Law That Trump Is Charged with Breaking

Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 12/13/2023

The U.S. Supreme Court agreed to take up a case that could derail hundreds of January 6 felony prosecutions and could also deal a blow to special counsel Jack Smith’s prosecution of Donald Trump. The case, arising from the prosecution of a defendant accused of pushing against police and inflaming a mob attempting to breach the Capitol, calls into question prosecutors’ handling of an Enron-era obstruction law to punish those who stormed Congress.

Kansas Republican Watkins, Ousted Amid Voter Fraud Charges, Returns to Congress as Lobbyist

Yahoo News – Daniel Desrochers (Kansas City Star) | Published: 12/11/2023

Former Rep. Steve Watkins is back in the U.S. Capitol, this time as a lobbyist. He waited more than two years after leaving office before registering as a lobbyist. Watkins entered a diversion agreement on three felony charges for voting in the wrong city council race in Topeka’s 2019 municipal election. A little less than a year after admitting guilt, Watkins registered a company called Huxley Rock LLC. Huxley Rock is a one-man firm. Watkins’ LinkedIn page says it specializes in business and political consulting.

From the States and Municipalities

Alaska – Alaska Campaign Watchdog Rules Anti-Ranked Choice Group Can Continue Gathering Signatures

Yahoo News – Iris Samuels (Anchorage Daily News) | Published: 12/7/2023

An anti-ranked choice voting ballot group will be allowed to continue operating with no immediate consequences for alleged campaign finance violations after a decision by the Alaska Public Offices Commission. The commission considered whether to expedite the adjudication of a complaint alleging the ballot group was helped by an Anchorage church, in violation of the law, as the group works to repeal Alaska’s voting system. By the time the commission rules on whether the law was violated, the group’s work will be done.

Arizona – Phoenix Approves Ethics Commission After 6 Years and on the Fourth Attempt

MSN – Sam Kmack (Arizona Republic) | Published: 12/13/2023

The Phoenix City Council approved the creation of ethics commission after spending six years trying and failing to convene the group, which will now independently investigate complaints of ethical violations against elected officials and other city leaders. Such groups exist in almost every other sizable city in the country, said Phoenix Mayor Kate Gallego. But since 2017, Phoenix has struggled to put the commission together thanks to consistent objections from officials on both sides of the isle.

Arizona – Arizona GOP Leaders Sued to Stop ‘Dark Money’ Transparency. A Judge Will Rule by Year’s End

Yahoo News – Mary Joe Pitzl (Arizona Republic) | Published: 12/13/2023

A judge said he will rule by December 29 in a case challenging the constitutionality of a voter-approved law on campaign finance transparency. Attorneys representing Republican legislative leaders are asking Maricopa County Superior Court Judge Timothy Ryan to issue a preliminary injunction to block the law. It requires disclosure of major donors to campaigns that until now has been able to mask their contributors by creating a class of nonprofit organizations that do not have to name their donors.

California – How Well Is Your Legislator Representing You?

CalMatters – Sameea Kamal | Published: 12/10/2023

Despite the hundreds of laws that legislators pass each year, many Californians are not always aware of what their representatives do, or how their decisions impact their lives. Their job description is modeled after what federal lawmakers do, in response to specific needs, or based on how legislators interpret the principles of representation. Given the lack of strict requirement, how do we measure how well a lawmaker is performing?

Colorado – Lawyer on Denver Health Board Says He’s Stopped Lobbying for Tobacco Giant Altria After Getting a Call to Resign

Colorado Public Radio – John Daley | Published: 12/13/2023

Denver updated its application for those who want to sit on one of the city’s 130 boards and commissions. The application now includes questions that ask applicants if they are a registered lobbyist and if they would have a conflict-of-interest in their new position. The change was a request from the city council to add transparency after some members thought there was not enough when the former mayor appointed a lobbyist whose clients included a tobacco company to the board of Denver Health.

Florida – DeSantis Staffers Blocked Release of Travel Records, Whistleblower Says

MSN – Beth Reinhard (Washington Post) | Published: 12/13/2023

During a meeting, Florida Department of Law Enforcement (FDLE) officials said some of Gov. Ron DeSantis’s travel records should be released, but the governor’s aides overruled them, citing a new state law that restricts access to those records. The dispute escalated into a major battle over the law limiting disclosure of DeSantis’s travel activities and information about his state taxpayer-funded security detail as he crisscrosses the country seeking the Republican presidential nomination. The FDLE is tasked with protecting and transporting the governor and maintaining his travel records.

Florida – A Report Rips Disney for Freebies to Its Local Board. It Omits Gifts to Top Florida Politicians.

NBC News – Noah Pransky and Alec Hernández | Published: 12/7/2023

A war of words – and regulations – escalated when a board, hand-picked by Florida Gov. Ron DeSantis, endorsed an audit alleging Disney World for decades used free park perks to improperly influence public officials and employees tasked with the oversight of the park. The audit claimed Disney gave complimentary annual passes and steep discounts to the public employees, calling the perks “akin to bribes.”

Florida – Howland Files Legislation for Certain No-Bid Contracts to Go Through Jacksonville City Council

Yahoo News – Hanna Holthaus (Florida Times-Union) | Published: 12/11/2023

New legislation could bring an end to no-bid lobbying contracts in Jacksonville city government. The city council’s finance committee criticized the $300,000 federal grant writing and lobbying contract to Langton Consulting, owned by Mayor Donna Deegan supporters, because the administration offered it directly without shopping for other bids. Committee Chairperson Nick Howland asked the administration to drop the contract and filed a bill to require all future state and federal lobbying and grant writing contracts to be approved by city council.

Georgia – Georgia Libertarians Fight Two-Party Campaign Finance Law at 11th Circuit

Courthouse News Service – Kayla Goggin | Published: 12/13/2023

An appeals court will decide whether to give the Libertarian Party of Georgia another chance at pursuing its challenge to a campaign finance law that allows some candidates to accept unlimited campaign contributions, a fundraising advantage the party says benefits Republican and Democratic hopefuls over third-party contenders. The lawsuit claims the act unfairly allows Republican and Democratic candidates to create special leadership committees to accept campaign contributions over the typical limits.

Georgia – Giuliani Could Pay Millions as Ga. Election Worker Defamation Trial Starts

MSN – Spencer Hsu and Rachel Weiner (Washington Post) | Published: 12/10/2023

Former Trump attorney Rudy Giuliani could be on the hook for up to $43.5 million in damages as a defamation lawsuit filed against him by two Georgia election workers goes to trial. The showdown between the financially strapped Giuliani and the two temporary poll workers he baselessly accused of ballot tampering in 2020 will highlight a major court battle over false claims that became central to former President Trump’s efforts to stay in power and is now at the heart of two criminal cases against him.

Illinois – Four Years Later, City Council Finally Poised to Extend Lobbyist Requirements to Nonprofits

Chicago Sun-Times – Fran Spielman | Published: 12/11/2023

Chicago is finally getting around to broadening the definition of registered lobbyists to include nonprofits, but only after softening the blow to avoid tying their hands with costly red tape. The city council’s Committee on Ethics and Government Oversight passed a revised ordinance that calls for Chicago to join New York, Los Angeles, San Francisco, and Philadelphia in requiring nonprofit lobbyists to register and file regular reports with the Board of Ethics.

Illinois – Board of Ethics Finds Probable Cause Four Lobbyists Improperly Donated to Johnson

MSN – A.D. Quig (Chicago Tribune) | Published: 12/13/2023

The Chicago Board of Ethics found two registered lobbyists appeared to violate an executive order by giving money to Mayor Brandon Johnson. The violations do not carry a penalty for the mayor but could mean those lobbyists lose their ability to work at City Hall. Former Mayor Rahm Emanuel in 2011 signed the orders barring donations from city contractors and lobbyists, which will remain in place until a future mayor rescinds them.

Iowa – Iowa Lawmaker Calls for Gov. Kim Reynolds to Remove Satanic Display from Capitol

MSN – Victoria Reyna-Rodriguez and Noelle Alviz-Gransee (Des Moines Register) | Published: 12/11/2023

A satanic display placed in the Iowa Capitol is unconstitutional, said Rep. Brad Sherman, who is calling on Gov. Kim Reynolds to order its removal. But other Republican legislators say they would oppose the government limiting freedom of speech in reaction to the display, which will be in place for a total of two weeks.

Maine – Anti-Super PAC Campaign Says They Have Enough Signatures to Get on the Maine Ballot

Maine Beacon – Dan Neuman | Published: 12/7/2023

A ballot campaign led by activist Lawrence Lessig to limit contributions to super PACs says it has collected enough signatures to qualify for the Maine ballot in 2024. Super PACs differ from traditional PACs in that they give corporations the ability to make unlimited contributions. Maine Citizens to End Super PACs, the group behind the ballot question, argues that if successful, the initiative would cap donations to super PACs at $5,000, all but eliminating their effectiveness.

Maine – Maine Media Groups, Utilities Challenge New Law on Foreign Spending on Referendums

Portland Press Herald – Rachel Ohm | Published: 12/12/2023

Maine’s two largest power companies and groups representing media outlets filed separate federal lawsuits challenging a state law passed by voters in November to ban foreign governments and affiliated organizations from spending money on state and local referendum campaigns. The measure is largely a response to foreign government spending in the referendum campaign two years ago over the future of a planned electricity corridor in western Maine.

Massachusetts – Brookline School Officials Violated Massachusetts Campaign Finance Laws by Sending Emails About Tax Increases

MSN – James Vaznis (Boston Globe) | Published: 12/9/2023

Tucked inside various newsletters to parents in Brookline last spring were appeals from school administrators to support property tax hikes at the ballot box for the school budget, accompanied by warnings about devastating cuts if the votes failed. Brookline officials got their way at the ballot box, but repeatedly broke the state’s campaign finance law by sending out the emails to influence the vote, according to an investigation by the Massachusetts Office of Campaign and Political Finance.

Michigan – Records: Michigan senator helped steer $25M Clare grant now under investigation

Bridge Michigan – Jonathan Oosting and Mike Wilkinson | Published: 12/13/2023

A state senator and a lobbyist intervened to help a former legislative staffer obtain a $25 million grant that is now under investigation by Michigan Attorney General Dana Nessel for possible prosecution. Records shed new light on how a no-bid contract was awarded to a nonprofit created and run by Dave Coker, who once worked for them-House Speaker Jason Wentworth. State Sen. Rick Outman acknowledged he phoned state health officials on behalf of the project, but maintained he had no idea that Coker would benefit.

Michigan – Whitmer Signs Bills Criminalizing Election Official Intimidation, Curbing AI in Campaigns

Detroit News – Beth LeBlanc | Published: 11/30/2023

Michigan Gov. Gretchen Whitmer signed nearly 20 bills that will create penalties for intimidating an election worker, solidify the process for presidential electors, change the way young people register to vote, and put restrictions on the use of artificial intelligence in campaign ads. Bill sponsors described the legislation as a way to button up state laws in the wake of controversy over the 2020 presidential election.

Michigan – Whitmer Signs Bills Implementing Proposal 1

MSN – Clara Hendrickson (Detroit Free Press) | Published: 12/9/2023

Michigan Gov. Gretchen Whitmer signed bills implementing requirements for top state officials and lawmakers to report information about their finances after voters approved a constitutional amendment mandating the disclosures. The bills go beyond Proposal 1, subjecting candidates for office to financial reporting requirements, for instance. But they do not go as far as some Democratic lawmakers and transparency advocates had hoped.

Nevada – Lombardo Spurned Ethics Commissioner’s Reapplication Ahead of Major Vote, Emails Show

Nevada Independent – Tabitha Mueller | Published: 12/13/2023

Days before a Nevada Commission on Ethics on a potential $1.6 million fine for using his sheriff’s badge and uniform during his 2022 campaign for governor, Gov. Joe Lombardo appointed two new members to the eight-member board, both of whom later voted against fining or censuring the governor. Emails indicate Lombardo made the new appointments despite a former Republican commissioner expressing interest in serving another term.

New Jersey – Judge Throws Out Suit That Tried to Block Changes to NJ Campaign Finance Law

Yahoo News – Ashley Balcerzak (Bergen Record) | Published: 12/11/2023

A state judge dismissed a lawsuit that the former leader of New Jersey’s campaign finance watchdog agency filed against Gov. Phil Murphy seeking to overturn a controversial new law revamping campaign finance rules. It was the second of two lawsuits filed by Jeff Brindle, the former executive director of the Election Law Enforcement Commission. The judge dismissed the case with prejudice, meaning Brindle cannot file the same lawsuit again.

New York – Hochul Vetoes Lobbying Loophole Bill After Chief Judge Battle

Albany Times Union – Joshua Solomon | Published: 12/10/2023

New York Gov. Kathy Hochul vetoed bipartisan legislation intended to close a loophole in lobbying laws that was exposed during a political battle over her initial, and failed, nomination of a new chief judge of the Court of Appeals. The efforts to influence the selection of the state’s top judge had centered on Hochul’s efforts to install Justice Hector LaSalle as the top jurist on the state’s highest court. The nomination triggered well-funded efforts to influence the Legislature’s decision on LaSalle’s appointment, revealing a gap in state law that allows unregistered lobbying in judicial nominations and other top state offices.

New York – New York High Court Allows State Democrats Chance to Alter Congressional Maps

MSN – Maegan Vazquez and Azi Paybarah (Washington Post) | Published: 12/12/2023

The New York State Court of Appeals granted Democrats who control the state Legislature a chance to approve a new set of congressional district lines, effectively throwing out a map that led to several Republican victories in 2022 House races. The ruling could be consequential in determining which party controls the House during the next Congress. In 2022, Republicans flipped four districts in New York, giving them a razor-thin majority in the House.

New York – Appeals Court Denies Trump’s ‘Presidential Immunity’ Argument in Defamation Lawsuit

MSN – Philip Marcelo (Associated Press) | Published: 12/13/2023

A federal appeals court ruled Donald Trump gave up his right to argue presidential immunity protects him from being held liable for statements he made in 2019 when he denied he raped advice columnist E. Jean Carroll. A three-judge panel upheld a lower court’s ruling that Trump had effectively waived the immunity defense by not raising it when Carroll first filed a defamation lawsuit against him four years ago.

Oklahoma – Okla. Ethics Commission Names New Executive Director

NonDoc – Michael McNutt | Published: 12/7/2023

Lee Anne Bruce Boone was named as the new executive director of the Oklahoma Ethics Commission. She will start her duties on January 4, succeeding Ashley Kemp. Commission Chairperson Jarred Brejcha said Boone’s leadership skills stood out among the 14 applicants for the post. All the applicants were from Oklahoma.

Oregon – ‘Thank God They Walked Out’: Oregon’s partisan divide highlights heightened animosity in statehouses

Yahoo News – Paul Demko (Politico) | Published: 12/13/2023

Ten Oregon Republican state senators may face the end of their legislative careers for a six-week legislative walkout aimed at thwarting what they see as a radical Democratic agenda. The lawmakers are banned from running for reelection for accumulating at least 10 unexcused absences during this year’s legislative session. It is arguably the most glaring example of how Washington’s toxic partisan culture is increasingly infecting statehouses across the country.

Pennsylvania – The Philly Ethics Board Dropped Its Case Against the ‘Super PAC’ That Backed Mayoral Candidate Jeff Brown

MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 12/11/2023

The Philadelphia Board of Ethics dropped its lawsuit against the super PAC that supported Jeff Brown’s unsuccessful run for mayor, ending a legal saga that shook up the election and contributed to Brown’s fifth-place finish in the Democratic primary. The board announced it will instead focus on revising the campaign finance regulations that were at the center of the dispute.

Texas – Supreme Court Allows Texas Voting Map Challenged by Civil Rights Advocates

MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 12/12/2023

The U.S. Supreme Court allowed a local Texas election to go forward under a map that a lower court had found diluted the votes of Black and Latino residents. The order came in response to a challenge from civil rights advocates opposed to the voting districts in Galveston County. While the case involves the boundaries in just one locality, it could have broader implications for challenges to election maps and the protection of voting rights nationwide.

Washington – WA GOP Fights Secretary of State’s Effort to Track Election Misinformation

Seattle Times – Jim Brunner | Published: 12/11/2023

An effort by Washington Secretary of State Steve Hobbs to track and refute viral online misinformation about elections has prompted objections from the state Republican Party. The state GOP recently filed a formal complaint with the Executive Ethics Board, accusing Hobbs of violating the constitution and his oath of office by hiring a firm to scour social media for harmful “narratives and threats” about Washington elections officials and voting.

December 14, 2023 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance Maine: “Maine Media Groups, Utilities Challenge New Law on Foreign Spending on Referendums” by Rachel Ohm for Portland Press Herald Elections National: “Supreme Court Will Review Scope of Obstruction Law That Trump Is Charged with Breaking” by Kyle Cheney and Josh Gerstein […]

December 13, 2023 • Written by Marilyn Wesel

Chicago Committee on Ethics and Government Oversight Recommends Lobbying Amendments

Chicago City Hall - Ken Lund

The Chicago City Council Committee on Ethics and Government Oversight recommended the passage of a substitute ordinance broadening the definition of registered lobbyists to include nonprofits with several exceptions to ease concerns from the nonprofit community. An ordinance was passed […]

December 13, 2023 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance Alaska: “Alaska Campaign Watchdog Rules Anti-Ranked Choice Group Can Continue Gathering Signatures” by Iris Samuels (Anchorage Daily News) for Yahoo News New Jersey: “Judge Throws Out Suit That Tried to Block Changes to NJ Campaign Finance Law” by Ashley Balcerzak (Bergen Record) […]

December 12, 2023 • Written by George Ticoras, Esq.

Burlington, Ontario’s New Lobbyist Registry Bylaw Comes into effect January 1

Burlington, Ontario City Hall - The Fwanksta, Public domain

On January 1, the city of Burlington, Ontario’s new lobbyist registry bylaw comes into effect. The law effectively replaces the city’s Lobbyist Registration Policy, which passed on October 19, 2021, and came into effect January of 2022. As noted in […]

December 12, 2023 • Written by John Cetor

Ask the Experts – Training Requirements for Registered Lobbyists

Urupong - Getty Images Pro

Q: I heard some jurisdictions have training requirements for registered lobbyists. What do I need to do to comply with these requirements? A: Yes, you are correct. However, these requirements can vary greatly depending on the jurisdiction. For example, Maryland […]

Q: I heard some jurisdictions have training requirements for registered lobbyists. What do I need to do to comply with these requirements?

A: Yes, you are correct. However, these requirements can vary greatly depending on the jurisdiction.

For example, Maryland requires you to complete your initial training within six months of your initial registration date and subsequently within each two‐year period following the date of your most recently completed training course. When filing your registration, you will need to certify you are current and compliant with this biennial training requirement or you have been registered for less than six months and will complete the training within the initial six-month period. Failure to comply with this requirement can result in fines or even suspension of your registration.

On the other hand, Illinois requires its registered lobbyists to complete an annual ethics and an annual sexual harassment training as part of the registration process. Per Illinois’s Lobbyist Registration Act, a registration is not deemed to be complete until the training has been completed. As such, the training must be completed prior to engaging in lobbying activities. Further, since the training requirement is necessary to complete your registration, the training must be completed even if you terminate your registration prior to completing the registration.

As another example of training requirements, Chicago also has a mandatory annual training requirement for its registered lobbyist. However, the annual training must be completed by June 30 of every year for the 12-month period from July 1 through June 30. The Board of Ethics can assess fines of $250 for each day the training remains incomplete.

The key to maintaining training compliance is understanding these training requirements can be different for each jurisdiction in which you lobby. So, it is imperative to familiarize yourself with each relevant jurisdiction’s requirements, including the timing and frequency of the training, to ensure full compliance.

More information about these topics can be found in the Lobbying Compliance Guidebook on the State and Federal Communications subscriber website by selecting the desired jurisdiction from the list.

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News You Can Use Digest – December 22, 2023

Wednesday’s LobbyComply News Roundup

Washington Updates Lobbying Reporting Thresholds

News You Can Use Digest – December 15, 2023

Thursday’s LobbyComply News Roundup

Chicago Committee on Ethics and Government Oversight Recommends Lobbying Amendments

Wednesday’s LobbyComply News Roundup

Burlington, Ontario’s New Lobbyist Registry Bylaw Comes into effect January 1

Ask the Experts – Training Requirements for Registered Lobbyists

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