March 18, 2022 •
News You Can Use Digest – March 18, 2022
![News You Can Use Digest – March 18, 2022](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal Biden Doles Out Ethics Waivers at Greater Clip Than Trump, Watchdog Reports Washington Examiner – Andrew Kerr | Published: 3/16/2022 President Biden pledged to lead “the most ethically rigorous administration in history,” but his administration has excused top officials from […]
National/Federal
Biden Doles Out Ethics Waivers at Greater Clip Than Trump, Watchdog Reports
Washington Examiner – Andrew Kerr | Published: 3/16/2022
President Biden pledged to lead “the most ethically rigorous administration in history,” but his administration has excused top officials from federal ethics regulations at a greater rate than Donald Trump, a watchdog group reported. Biden’s ethics pledge and federal laws prohibit officials from engaging in matters involving their former employers for at least one year after being sworn in, but those regulations can be waived if the interests of the federal government outweigh possible ethical concerns.
Document in Jan. 6 Case Shows Plan to Storm Government Buildings
Yahoo News – Alan Feuer (New York Times) | Published: 3/15/2022
A document found by federal prosecutors in the possession of a far-right leader contained a detailed plan to surveil and storm government buildings around the Capitol on January 6 last year. The document, titled “1776 Returns,” was cited by prosecutors in charging the far-right leader, Enrique Tarrio, the former head of the Proud Boys extremist group, with conspiracy. The indictment of Tarrio described the document in general terms, but people familiar with it added substantial new details about the scope and complexity of the plan it set out for directing an effort to occupy six House and Senate office buildings and the Supreme Court.
Exxon Mobil’s Lobbying Report Sets Benchmark, ESG Advocates Say
MSN – Ellen Meyers (Roll Call) | Published: 3/10/2022
A report from Exxon Mobil outlining its lobbying activities is giving investors insight into how one of the world’s largest oil and gas companies advocates on climate policies and other issues and sets a benchmark to measure disclosure on political spending by other companies, advocates say. Exxon Mobil released the report on its 2020 lobbying efforts on climate in response to a shareholder resolution from the United Steelworkers trade union and the Dominican Sisters of Grand Rapids.
Fearing Political Violence in 2024, Judges Sentence Jan. 6 Defendants to Probation Through the Next Election
MSN – Spencer Hsu and Tom Jackman (Washington Post) | Published: 3/15/2022
Federal judges are increasingly sentencing defendants who participated in the January 6, 2021, breach of the Capitol to three-year terms of court supervision, fearing they could be misled into committing political violence in the 2024 presidential election. James Little became the first defendant to receive a combination of a 60-day jail term and 36 months of probation. Little pleaded guilty after telling the FBI he saw President Biden’s election victory as “the second Bolshevik revolution” and warned agents and the Democratic Party of civil war if it were not overturned.
Ginni Thomas, Wife of Supreme Court Justice, Says She Attended Jan. 6 ‘Stop-the-Steal’ Rally Before Capitol Attack
MSN – Mariana Alfaro (Washington Post) | Published: 3/14/2022
Virginia Thomas, wife of Supreme Court Associate Justice Clarence Thomas, for the first time publicly acknowledged she participated in the January 6, 2021 “Stop-the-Steal” rally on the Ellipse that preceded the storming of the U.S. Capitol, raising questions about the impartiality of her husband’s work. Ginni Thomas said she was at the rally for a short period of time, got cold, and went home before Trump took the stage that day. In February 2021, she apologized to her husband’s former law clerks after a rift developed among them over her election advocacy of Trump and endorsement of the rally that led to violence and death at the Capitol.
GOP Pushes for an ‘Earthquake in American Electoral Power’
MSN – Zach Montellaro (Politico) | Published: 3/9/2022
A legal argument lurking in two U.S. Supreme Court cases could give Republican legislators in battleground states sweeping control over election procedures, with ramifications that could include power over how states select presidential electors. Republicans from Pennsylvania and North Carolina challenged court-ordered redistricting plans in their states based on the “independent legislature” theory. It is a reading of the Constitution, stemming from the 2000 election recount in Florida, that argues legislators have ultimate power over elections in their states and that state courts have a limited ability, or none at all, to check it.
Inside the Effort to Disbar Attorneys Who Backed Bogus Election Lawsuits
MSN – Tierny Sneed (CNN) | Published: 3/10/2022
Lawyers who backed former President Trump’s bogus election reversal gambits are facing fresh opposition for their involvement in the form of a flashy new campaign, launched by fellow members of the legal community, aimed at potentially disbarring the Trump-aligned attorneys. Those who have sought disciplinary responses say the post-election conduct crossed ethical lines into the realm of professional misconduct, and that the tactics were well outside the normal bounds of legal challenges to election procedures. Already several ex-Trump lawyers have found themselves subject to state bar reviews.
K Street Firms Starting to Tap Private Equity, Even Go Public
MSN – Kate Ackley (Roll Call) | Published: 3/16/2022
Some K Street firms are seeking investment dollars, often to hire up in areas such as polling, public relations, digital and grassroots organizing, and state-level lobbying. Some policy and lobbying shops have inked deals with private equity firms, and more are likely on the way. In another twist for the industry, a group of prominent firms banded together and went public on a stock exchange in London late last year. These moves represent a clear shift from two decades ago when advertising conglomerates acquired many of Washington’s biggest operations.
Lobbying Broke All-Time Mark in 2021 Amid Flurry of Government Spending
MSN – Jonathan O’Connell and Anu Narayanswamy (Washington Post) | Published: 3/12/2022
President Biden’s domestic agenda has taken a back seat to Russia’s invasion of Ukraine, but it drew unprecedented attention from K Street lobbyists and special interest groups last year. The lobbying industry had a record year in 2021, taking in $3.7 billion in revenue as companies, associations, and other organizations pressed Congress and the administration over trillions of dollars in new pandemic spending and rules affecting health care, travel, and other industries. The revenue figures show lobbying spending began steadily growing in 2017 before mostly flattening in 2020 as the pandemic began.
Omarosa Manigault Newman Ordered to Pay $61,000 Over Trump-Era Ethics Violation
HuffPost – Nina Golgowski | Published: 3/16/2022
Former White House aide Omarosa Manigault Newman was ordered to pay more than $61,000 after a federal judge said she “willfully” refused to file financial disclosure documents after being fired from the Trump administration. A law required Manigault Newman to file a public financial disclosure report within 30 days of her termination on December 12, 2017. Her report was not received until September 2019, three months after a lawsuit was filed against her over her failure to comply.
Russian Oligarch Andrey Muraviev Indicted in Political Contribution Scheme Linked to Illegal Donors to Trump PAC
CNBC – Dan Mangan | Published: 3/14/2022
A Russian oligarch linked to men accused of making illegal donations to a PAC set up for former President Trump was himself indicted by a federal grand jury for using those men to funnel contributions to other politicians. The oligarch, Andrey Muraviev, already was publicly known to have been the source of donations made on his behalf by Lev Parnas and Igor Fruman. Those two Soviet-born former associates of Trump’s ex-lawyer Rudy Giuliani used money from Muraviev for contributions to try to get licenses for retail cannabis and marijuana businesses.
Trump Accused of Breaking Campaign Laws by Teasing 2024 Run
MSN – Meg Kinnard (Associated Press) | Published: 3/14/2022
As former President Trump continues to tease a future White House bid, a pro-Democratic super PAC accused him of violating federal campaign laws by raising and spending money for a run without officially filing his candidacy. Alleging that Trump has already privately decided to mount a 2024 campaign, American Bridge says he was then obligated to file a candidacy intent statement within 15 days of receiving contributions or making any expenditure over $5,000.
U.S. Lobbyists Connect Ukraine Officials with Powerful Allies to Help in War Against Russia
CNBC – Brian Schwartz | Published: 3/15/2022
Lobbyists are working to connect Ukrainian officials with powerful allies in the U.S., including mayors, governors, and representatives of at least one firearm’s dealer to help the war-torn country in its fight against Russia. At least one American firm and a separate lawyer each recently disclosed under the Foreign Agents Registration Act that they started pro-bono work for Ukrainian government officials since the start of Russia’s invasion. The move for these types of advisors to start helping Ukrainian leaders comes as Western sanctions have led to lobbyists distancing themselves from Russian backed entities.
U.S. Rep. Jeff Fortenberry Set to Go on Trial, Which Will Focus on His Memory and Money
Lincoln Journal-Star – Todd Cooper (Omaha World-Herald) | Published: 3/13/2022
U.S. Rep. Jeff Fortenberry of Nebraska is on trial over accusations he lied about illegal campaign contributions from a Nigerian billionaire. The trial is the first of a sitting member of Congress in 21 years. Fortenberry has pleaded not guilty to charges he intentionally misled FBI agents and prosecutors who were investigating a $30,000 donation from Gilbert Chagoury during a 2016 fundraiser in Los Angeles.
From the States and Municipalities
California – ‘Abstain’: Are OC officials using a public meeting ethics check to dodge accountability?
Voice of OC – Noah Biesiada and Brandon Pho | Published: 3/16/2022
At any given public meeting, local officials in Orange County could make rent control or high-rise developments part of their residents’s lives with a simple “Yes” or “No” vote. But some elected leaders are turning to a third way to vote on controversial policies during public meetings: the abstention. It is traditionally used by elected officials to shield against conflicts-of-interest when voting on issues they may have a personal stake in. At least one city is raising questions about whether the abstention has now become a way for elected officials to avoid taking any stance at all, dodging accountability by invoking the non-vote for vague or unpersuasive reasons.
Colorado – A State Lawmaker Dropped His Firearm Inside the Capitol While Hurrying to a Vote
Colorado Public Radio – Bente Birkeland | Published: 3/14/2022
A Colorado lawmaker accidentally dropped his handgun in a public area inside the state Capitol recently. The firearm did not discharge, and no one was injured. State Rep. Richard Holtorf was hurrying up a short set of steps outside the House chamber when his handgun fell out of his pants onto the marble floor. The witnesses said Holtorf quickly picked it up and proceeded to enter the chamber. “This incident was unacceptable and created a dangerous situation for lawmakers, staff, and the public visiting the Capitol,” said House Speaker Alec Garnett.
Colorado – Colorado Campaign Donation Limits Stand – for Now – After Federal Court Ruling
Colorado Sun – Sandra Fish | Published: 3/11/2022
A federal judge denied a request for a preliminary injunction to suspend Colorado’s campaign contribution limits. Individual donors are limited to giving $400 to state legislative candidates and $1,250 to candidates for statewide office. Senior U.S. District Court Judge John Kane said a full trial based on more extensive evidence must be held before the donation caps are rejected. Still, Kane agreed the limits are likely too low, leaving open the possibility they could be overturned after a trial in the coming months.
Florida – Disney Suspends Political Donations in Florida After Bill Restricting LGBTQ Discussion
MSN – Kelsey Ables (Washington Post) | Published: 3/12/2022
Disney announced it would pause all political donations in Florida in the wake of a state bill that restricts discussion of LGBTQ issues in public schools. Over the last few weeks, the company had received criticism for remaining about what critics call the “don’t say gay” bill, which is expected to be signed into law by Florida Gov. Ron DeSantis. Disney Chief Executive Officer Bob Chapek also said the company would increase support for advocacy groups fighting similar laws elsewhere and would reassess Disney’s political donation policies.
Hawaii – Honolulu Councilwoman Tupola Likely Violated Ethics Laws, Commission Finds
Honolulu Civil Beat – Christina Jedra | Published: 3/10/2022
Honolulu City Councilperson Andria Tupola likely violated the law when she tried to use $1,500 in city funds to reimburse herself for items purchased for her former employer’s events, the Honolulu Ethics Commission determined. The commission determined Tupola had a conflict-of-interest, likely violated the city’s fair and equal treatment law and should repay the money.
Illinois – Ethics Board Fines Cook County Official Who ‘Flagrantly’ Disregarded Nepotism Ban; She Must Now Fire Her Cousin as Her Top Aide
Yahoo News – Alice Yin (Chicago Tribune) | Published: 3/15/2022
Cook County Board of Review Commissioner Tammy Wendt must fire her cousin from his chief of staff position in her office and pay the county $2,000 for violating rules against nepotism, the county Ethics Board ruled. The formal admonishment comes after Wendt hired her cousin, Todd Thielmann, as her top staffer, triggering an investigation from the board tasked with disciplining employees who flout the ordinance governing best practices within their offices.
Iowa – Democrats Move Closer to Cutting Iowa’s First-in-the Nation Status for 2024 Presidential Calendar
MSN – Michael Scherer (Washington Post) | Published: 3/11/2022
Democratic leaders took another step toward ending Iowa’s status as the first state in the party’s presidential nominating process during a sometimes contentious meeting that showed clear support for a new path that would prioritize more diverse and competitive states. The Democratic National Committee’s Rules and Bylaws Committee came to no final decisions, but for the second time this year, a majority of speakers made clear their openness to shaking up the presidential primary calendar to better reflect what speakers described as the party’s values.
Louisiana – Louisiana Lobbyist Arrested for Domestic Violence Faces Restrictions, Questions at Capitol
Louisiana Illuminator – Julie O’Donoghue | Published: 3/10/2022
Kevin Hayes, a Louisiana lobbyist who was arrested for domestic violence, has been visiting the Capitol, even though one of his alleged victims works in the building and has a protective order in place against him. The circumstances have raised red flags for domestic violence prevention advocates who question why Hayes is not facing more restrictions inside the statehouse. The incident also brought attention to his clients who have stuck with him in spite of his arrest.
Maryland – Maryland Court Delays State’s Primary Until July Amid Redistricting Challenge
MSN – Ovetta Wiggins and Erin Cox (Washington Post) | Published: 3/15/2022
Maryland’s highest court moved the state’s gubernatorial primary elections to July 19, a three-week delay, to allow time to resolve a legal challenge to recently redrawn legislative districts. Several candidates in the crowded race for governor welcomed the court decision, which gives them more time to raise their profile before the primary. But some observers worried that pushing the election into prime vacation season could prompt voter confusion or disenfranchisement.
Maryland – Top Maryland Democratic Party Official Resigns After Questioning Electability of Black Candidates
MSN – Ovetta Wiggins (Washington Post) | Published: 3/15/2022
A top Maryland Democratic Party official who questioned whether voters would elect a Black candidate for governor stepped down as calls for her departure escalated. Barbara Goldberg Goldman, a prolific donor who was the party’s deputy treasurer, resigned and publicly apologized for the comments. Goldberg Goldman wrote in an email: “Consider this: Three African American males have run statewide for Governor and have lost. Maryland is not a Blue state. It’s a purple one. This is a fact we must not ignore.”
Michigan – Michigan House Republicans Introduce Ethics Reforms Amid Chatfield Probe
Business News Street – Craig Mauger (Detroit News) | Published: 3/16/2022
Michigan House Republicans proposed a series of ethics reforms that respond to controversies surrounding former Speaker Lee Chatfield, who is under investigation by the State Police and Attorney General Dana Nessel’s office. The new bills would stop elected officials from paying immediate family members’ wages out of their campaign accounts and would ban lawmakers from having their travel paid for by lobbyists. The legislation also bans lawmakers from being reimbursed for trips, travel, or lodging through a nonprofit organization.
New York – Adams Quietly Undoes de Blasio-Era Lobbying Disclosure Requirement
MSN – Sally Goldenberg (Politico) | Published: 3/14/2022
New York City Mayor Eric Adams is ending a policy implemented under his predecessor, Bill de Blasio, of having top administration officials disclose meetings with lobbyists. De Blasio’s policy was voluntary and not required by law. Adams spokesperson Jonah Allon said the City Hall counsel’s office regularly trains staff about the “proper rules and regulations governing interactions with lobbyists,” who, by law, are required to report their meetings with government officials to the city clerk’s lobbying bureau. The move is the latest evidence that transparency may not be a priority for Adams.
New York – Chinese Operative Accused in Plot to Undermine US Candidate
MSN – Eric Tucker (Associated Press) | Published: 3/16/2022
Five people accused of acting on behalf of the Chinese government have been charged with plotting to stalk and harass Chinese dissidents living in the United States. One of the victims is a little-known congressional candidate in New York whose election bid a Chinese operative sought to undermine by seeking to uncover or even manufacture derogatory information that would cause him to lose the race, prosecutors said.
New York – Hochul Campaign Repays Almost $11K More for Aircraft Misuse
Albany Times Union – Chris Bragg | Published: 3/16/2022
New York Gov. Kathy Hochul’s campaign reimbursed taxpayers an additional $10,742 stemming from three days in which she used state aircraft for campaigning but improperly billed taxpayers for the travel. The Albany Times Union flagged three initial, problematic days of Hochul air travel. Those trips mixed campaign and state business, but the administration charged taxpayers with the entire cost of each. In January, the administration said it would review all flights; the campaign subsequently paid back an initial $19,949 for the three days of travel examined by the reporting.
New York – State Board of Elections Begins Enforcing Campaign Finance Disclosure Laws
New York Focus – Sam Mellins | Published: 3/11/2022
The New York State Board of Elections has begun to enforce a law that is meant to limit “dark money” in elections by notifying thousands of corporate donors they are violating it. For three years, key provisions of the law went unenforced, and limited liability companies (LLCs) continued to make anonymous donations to campaigns. Notifying the companies is the first step towards enforcement. But imposing consequences on campaigns and donors would be more difficult. Current law, which the board has asked the Legislature to update, does not allow it to bring penalties against LLCs that are in violation.
New York – To Force Cuomo to Repay Millions, Ethics Commission Mulls New Tactic
Albany Times Union – Chris Bragg | Published: 3/15/2022
The Joint Commission on Public Ethics may adopt a new strategy in their attempt to force ex-New York Gov. Andrew Cuomo to repay $5.1 million in book royalties, according to people with knowledge of the deliberations. Some commissioners are mulling a plan that would cut state Attorney General Letitia James out of the process of seeking the repayment. James’ office has expressed concern that the commissioners could not seek Cuomo’s “disgorgement” of the royalties he earned in 2020 without a full investigation into whether he misused state resources to produce the book, an inquiry that could last months or years.
Ohio – Ohio Supreme Court Rejects Statehouse Maps, Ending Hopes of Full May Primary
MSN – Jessie Balmert and Laura Bischoff (Columbus Dispatch) | Published: 3/17/2022
The Ohio Supreme Court struck down the third set of state House and Senate redistricting maps, effectively ending any hope of a May 3 primary with both legislative and statewide races. The decision marks the third time the justices have rejected legislative maps drawn by the Ohio Redistricting Commission. The court ordered the commission to draw a new set of state House and Senate maps by March 28. It also made suggestions for the next round of mapmaking: draft maps in public, convene frequent meetings, and use a different mapmaker.
Ohio – PUCO Orders Long-Awaited Audit into Whether FirstEnergy Used Customer Money for HB6 Lobbying
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 3/9/2022
The Public Utilities Commission of Ohio (PUCO) will hire an auditor to examine whether any customer money collected by FirstEnergy was wrongly used to pay for lobbying to pass House Bill 6. FirstEnergy has reported its own investigation did not find any such spending, though a federal audit determined the company the company did improperly use ratepayer money for House Bill 6 lobbying. Once an auditor is chosen, the firm will have until December 16 to issue its report.
Ohio – Russia Business Deals Muddy Ohio GOP US Senate Primary
MSN – Julie Carr Smyth (Associated Press) | Published: 3/16/2022
Several Republicans competing for the party’s nomination to run for U.S. Senate in Ohio are facing scrutiny for their ties to Russia as the country intensifies its war against Ukraine. Much of the attention has focused on former Ohio Republican Party Chairperson Jane Timken, whose husband’s family founded a company that does business in Russia. But other candidates in the race to succeed retiring Sen. Rob Portman, including J.D. Vance and Mike Gibbons, also have links to business deals in Russia that could become vulnerabilities in the primary.
Oregon – One of the Creators of Oregon’s Legal Psychedelic Mushroom Program Leaves Advisory Board
Portland Oregonian – Lizzy Acker | Published: 3/11/2022
Tom Eckert is stepping down as chair of the Oregon Psilocybin Advisory Board. Eckert, along with late wife, Sheri Eckert, worked for years to bring legal, regulated psilocybin to the state. The couple sponsored the bill that became law in 2020, which created a regulatory framework for therapeutic psychedelic mushrooms. A number of board members and subcommittee members are involved in for-profit psilocybin businesses and projects, including Tom Eckert.
South Dakota – South Dakota Secretary of State, Prosecutor Field Complaints About Ads Targeting Impeachment Committee
Yahoo News – Joe Sneve (Sioux Falls Argus Leader) | Published: 3/15/2022
State and county officials in South Dakota are fielding complaints about the legality of billboard advertisements targeting lawmakers and calling for the impeachment of Attorney General Jason Ravnsborg. The formal complaints allege Dakota Institute for Legislative Solution violated campaign finance law when it began running attack ads accusing five state lawmakers of obstructing an ongoing impeachment investigation into the attorney general, who struck and killed a man with his vehicle in 2020.
Tennessee – Airbnb Legislation Shows How Capitol Hill Culture Affects Tennessee Communities
WTVF – Phil Williams | Published: 3/14/2022
Legislation being pushed by Airbnb, designed to limit Nashville’s ability to regulate short-term rentals, shows how special interests spread campaign contributions among state lawmakers before trying to secure their votes, and how lobbyists use their influence to get lawmakers to sponsor legislation benefiting their clients. Critics say it also reveals how those practices can affect ordinary Tennesseans.
Tennessee – Tennessee Kickback Scandal Leaves GOP Reps Feeling Betrayed
MSN – Jonathan Mattise (Associated Press) | Published: 3/10/2022
Tennessee House Republican lawmakers say they were betrayed by one of their own after they hired a shadowy political consulting firm talked up by a colleague who has since pleaded guilty to fraud in an alleged kickback scheme that also implicates a former House speaker and others. House GOP Caucus Chairperson Jeremy Faison said caucus members had no reason to suspect fraud when they hired Phoenix Solutions to perform campaign and related services for lawmakers. Faison promised “greater scrutiny every time” on hiring vendors, saying they will always be established companies.
Texas – A Texas County Didn’t Count 10,000 Ballots. Now the Parties Are at War Over Who’s to Blame.
MSN – Amy Gardner (Washington Post) | Published: 3/11/2022
During the March primary in Harris County, Texas, voting machines failed to power up, poll workers handed out the wrong-size ballots, and optical scanners rejected hundreds of votes. A weary election worker who had been on the job for at least 30 hours neglected to include about 10,000 of the roughly 360,000 votes in an unofficial tally. What Republicans and Democrats do not agree on is what went wrong. Republicans are demanding the state take over the Democratic-controlled elections office. Democrats say the problem is a new law enacted that made it harder to vote by mail and criminalized election mistakes.
Vermont – Ethics Bill Gets Green Light from Key Committee
VTDigger.org – Lola Duffort | Published: 3/9/2022
A bill creating a state ethics code binding all three branches in Vermont is moving forward after all. Despite earlier concerns from watchdogs that lawmakers would revise the legislation, the Senate Government Operations Committee voted to endorse its latest draft of and send it to the floor. Vermont is one of only five states without an ethics code. It created its first-ever ethics commission in 2017 after years of pressure from good-government advocates and the press.
Virginia – General Assembly OKs Bill Creating Candidate Finance Audits
Virginian-Pilot – Sarah Rankin (Associated Press) | Published: 3/10/2022
The Virginia General Assembly passed a campaign finance reform bill that adds a new layer of oversight to spending by candidates, but only after an amendment was added so it would not take effect until their next scheduled election cycle is over. The bill would both tighten record retention requirements and implement reviews of campaign committee financial records by the Department of Elections. Currently, candidates disclose their spending with varying degrees of specificity under what is effectively an honor system, with no state-sponsored review.
March 11, 2022 •
News You Can Use Digest – March 11, 2022
![News You Can Use Digest – March 11, 2022](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal Big K Street Shops Will Close Offices in Russia MSN – Kate Ackley (Roll Call) | Published: 3/9/2022 Some of K Street’s biggest firms said they were winding down, or at least reevaluating, operations in Russia in response to the […]
National/Federal
Big K Street Shops Will Close Offices in Russia
MSN – Kate Ackley (Roll Call) | Published: 3/9/2022
Some of K Street’s biggest firms said they were winding down, or at least reevaluating, operations in Russia in response to the invasion of Ukraine and sanctions that followed. Ceasing operations in Moscow are Akin Gump Strauss Hauer & Feld and Squire Patton Boggs, two of Washington’s long-standing lobbying and legal powerhouses. Greenberg Traurig, which has an office in Poland but not in Russia, said it planned to donate up to $2 million for relief efforts and offer pro bono legal services for Ukrainian refugees.
Inside the Jan. 6 Committee’s Effort to Trace Every Dollar Raised and Spent Based on Trump’s False Election Claims
MSN – Josh Dawsey, Jacqueline Alemany, and Tom Hamburger (Washington Post) | Published: 3/8/2022
The House select committee investigating the insurrection at the U.S. Capitol wants to know whether the Trump campaign, its affiliated super PACs, the Republican National Committee, and protest organizers knowingly used false claims the election was stolen to dupe donors and raise large sums of cash. The primary objective is to determine whether email solicitations spreading false claims of election fraud served as a source of misinformation, prompting the need to make proposals for strengthening campaign finance laws. The committee will also consider if any laws were broken and refer those to the Justice Department.
Judge Denies Fox News Motion to Dismiss Defamation Suit by Election-Tech Company Smartmatic
MSN – Jeremy Barr (Washington Post) | Published: 3/9/2022
A judge allowed an election technology company’s $2.7 billion defamation lawsuit against Fox News to proceed though he dismissed specific claims made against host Jeanine Pirro and two of the network’s guests. New York Supreme Court Judge David Cohen denied Fox’s motion to dismiss the lawsuit, in which the company, Smartmatic, alleged the network and several of its on-air personalities “decimated its future business prospects” by falsely accusing it of rigging the 2020 election against Donald Trump.
Lobbyists Urge Lawmakers to Let Them Roam the Capitol Again
MSN – Kate Ackley (Roll Call) | Published: 3/4/2022
After two years of pandemic- and insurrection-related security restrictions, some lobbyists are putting their advocacy skills toward an effort to reopen the legislative buildings on Capitol Hill widely to tour groups and lobbying coalitions. Currently, lobbyists may conduct in-person meetings on Capitol Hill, so long as a congressional aide signs them in and escorts them around the buildings. Not all lobbyists believe the Capitol is ready for an onslaught of visitors.
Republican Clash Shows the Enduring Appeal, and Dubious Benefit, of Campaign Platforms
MSN – Mike DeBonis and Marianna Sotomayor (Washington Post) | Published: 3/3/2022
Political manifestos like U.S. Sen. Rick Scott’s “Resuce America” plan have proliferated over the past three decades, becoming a staple of party messaging, an instrument of policy development and, in some cases, a vehicle for personal ambitions. But since 1994, when Republicans rode their “Contract With America” to their first House majority in 40 years, they have been increasingly ignored by voters, mocked by observers, and shown to be largely irrelevant to the task of actually winning elections. Yet party leaders keep sinking untold time and effort into agendas that have produced uneven dividends.
Russian-American Charged with Acting as Illegal Russian Agent in the US
CNN – Sonia Moghe | Published: 3/8/2022
A dual Russian-American citizen was charged with acting as a spy in the U.S., according to court filings that say she ran organizations that “sought to spread Russian propaganda.” Elena Branson was charged with conspiring to act illegally as an agent of the Russian government, willfully failing to register under the Foreign Agents Registration Act, and other charges. Branson worked on behalf of the Russian government and officials to advance their interests in the U.S. Prosecutors allege she coordinated meetings for Russians to lobby American officials and businesspeople, and operated groups to publicly promote Russian government policies.
Supreme Court Denies GOP Requests to Block New Congressional Maps in N.C., Pa.
MSN – Robert Barnes (Washington Post) | Published: 3/7/2022
The U.S. Supreme Court refused requests from Republicans in North Carolina and Pennsylvania to block new congressional maps approved by courts in those states, meaning the fall elections will be held in districts more favorable to Democrats than the ones created by the GOP-led state Legislatures. Three of the court’s dissenting conservatives – Clarence Thomas, Samuel Alito, and Neil Gorsuch – said they would have intervened, and they thought the theory advanced by the challengers was probably correct and they are eager to consider such a challenge.
Texas Militia Member Convicted on All Charges in First Jan. 6 Trial
MSN – Kyle Cheney and Josh Gerstein (Politico) | Published: 3/8/2022
Guy Reffitt, a Texas militia member who was at the head of an early wave of rioters who stormed the Capitol on January 6, 2021, was found guilty of all five felony charges he faced related to the assault, including obstruction of an official proceeding, carrying a firearm during the attack, and threatening witnesses. The verdict is an important milestone for the Justice Department in the first jury trial since the attack that threatened the presidential transfer of power. The Reffitt trial is the first of potentially dozens stemming from the insurrection.
U.S. Judge Dismisses Most Serious Federal Charge Against Jan. 6 Capitol Riot Defendant
MSN – Spencer Hsu (Washington Post) | Published: 3/8/2022
A federal judge ruled the Justice Department cannot charge January 6 defendants with obstructing Congress’s certification of President Biden’s 2020 election victory unless they tampered with official documents or records in the attack on the U.S. Capitol. In striking down the lead charge brought in the government’s Capitol siege investigation, punishable by up to 20 years in prison, District Court Judge Carl Nichols broke with all other U.S. trial judges in Washington who have ruled on the question in Capitol riot cases to date. The decision tosses a wrench into the felony prosecutions of as many as 275 arrested individuals.
From the States and Municipalities
Alaska – Decision Lifts Certain Contribution Limits in Alaska
Associated Press News – Becky Rohrer | Published: 3/4/2022
Alaska will have unlimited campaign contributions in most instances after the Alaska Public Offices Commission (APOC) declined to impose new caps after old limits were struck down as unconstitutional. A draft opinion suggested the limits in place before those that were struck down “apply as adjusted for inflation,” which included proposed limits of $1,500 per calendar year for individuals to candidates. Campaigns were to adhere to the draft opinion until APOC weighed in. The commission also declined to index donation amounts for inflation. APOC said there were legal questions about whether it had the power to do those things.
Arizona – Arizona Lawmaker Speaks to White Nationalists, Calls for Violence – and Sets Fundraising Records
MSN – Beth Reinhard and Rosalind Helderman (Washington Post) | Published: 3/8/2022
State Sen. Wendy Rogers, a Republican lawmaker who represents tens of thousands of constituents, has found a rising national profile as a face of the radicalized wing of the Republican Party. After a year of fanning bogus allegations about election fraud and other false claims, she is the most successful fundraiser in the Arizona Legislature. While her support for former President Trump’s election falsehoods puts her in line with many Republicans, Rogers has moved farther to the edges of American politics: calling for jailing and executing her political opponents, identifying herself as a member of the Oath Keepers militia group, and attending a conference organized by a group linked to QAnon.
California – Candidate Alleges Sheriff Villanueva’s Radio Show Violates Election, Broadcasting Rules
MSN – Alene Tchekmedyian (Los Angeles Times) | Published: 3/8/2022
A candidate for Los Angeles County sheriff filed complaints with state and federal agencies alleging that Sheriff Alex Villanueva’s weekly radio show on violates election and broadcasting rules. County Sheriff’s Cmdr. Eli Vera’s complaint to the California Fair Political Practices Commission alleges the show amounted to an illegal campaign donation by KFI to Villanueva. Vera said KFI charges more than $1,000 for a 30-second radio ad, which he said would put Villanueva’s segments well above the $3,000 limit a person or entity can contribute to a candidate.
Colorado – Grand Jury Indicts Mesa County Clerk Tina Peters and Deputy Clerk in Election System Breach Investigation
Canon City Daily Camera – Saja Hindi (Denver Post) | Published: 3/9/2022
A grand jury returned 10 criminal counts against Mesa County Clerk and Recorder Tina Peters and six counts against Deputy Clerk Belinda Knisley in its investigation of potential election equipment security breach. The charges stem from local, state, and federal investigations launched into the potential breach after the Colorado secretary of state sued Peters, a 2020 election denier, and Knisley over allegedly allowing an unauthorized man access to make copies of voting equipment servers. Passwords from the equipment were later posted online by Ron Watkins, a leading figure in the QAnon conspiracy theory.
Florida – Federal Grand Jury Indicts Former JEA Executives on Conspiracy, Wire Fraud
Yahoo News – Nate Monroe and David Bauerlein (Florida Times-Union) | Published: 3/7/2022
A grand jury indictment charged former JEA Chief Executive Officer Aaron Zahn and finance chief Ryan Wannemacher with conspiracy and wire fraud, casting the two men as the architects of a brazen scheme to secretly extract tens of millions of dollars of personal profit out of the city-owned utility before selling it to a private operator. Prosecutors allege almost every aspect of the failed effort to privatize one of Jacksonville’s largest and most important public agencies was a fraud, echoing the past findings of auditors, outside attorneys, a city council investigation, and media reporting.
Florida – Florida Lawmakers Approve an Elections Police Force, the First of Its Kind in the U.S.
MSN – Lori Rozsa (Washington Post) | Published: 3/9/2022
Two months after Florida Gov. Ron DeSantis proposed a plan for a powerful elections police force that would answer to him, state lawmakers passed a watered-down version that barely resembles what the governor asked for, but still worries voting rights advocates. DeSantis had asked for nearly $6 million to hire 52 people, including sworn officers, to investigate alleged violations of elections laws. The Republican-led House and Senate instead gave him about $2.5 million for the new Office of Election Crimes and Security.
Florida – Senate Passes Citizen Initiative Limits on Out-of-State Influence, Awaits House Answer
Florida Politics – Renzo Downey | Published: 3/7/2022
A bill to curb out-of-state influence in the ballot initiative process was amended after it was struck down last year. Because senators approved changes they hoped would avoid a second injunction in the courts, the bill must next return to the House. The proposal would limit non-Floridians from donating more than $3,000, and out-of-state political committees from receiving donations worth more than $3,000, when it comes to ballot initiatives in the petition-gathering process.
Florida – Tallahassee Commissioners Move Some Ethics Changes, Shoot Down Lobbyist Logs
Florida Politics – Tristan Wood | Published: 3/9/2022
The Tallahassee City Commission moved forward with some ethics ordinance changes but decided against making major changes to lobbying rules. The commission voted to implement new language in the misuse of public position ordinance so that it no longer requires intent. Commissioners did ban city lobbyists from being paid contingency fees but voted down other changes, such as amending the city’s definition of lobbyist.
Florida – Tallahassee Officials’ Trip After FSU Stadium Vote Raises Questions
stuartabsolon.com – Jeff Burlew (Tallahassee Democrat) | Published: 3/8/2022
The morning after a contentious meeting to finalize funding for Doak Campbell Stadium, Tallahassee City Commissioner Jack Porter ended up on the same flight as a group of public officials, including Leon County Administrator Vince Long and City Manager Reese Goad, who collectively oversee Blueprint, an agency that implements infrastructure projects in the area. Also on the flight was State Attorney Jack Campbell and Ben Pingree, who directs the city and county department of planning, land management, and community enhancement. The trip on its face did not appear to run afoul of Florida’s Sunshine Law, said Barbara Petersen, executive director of the Florida Center for Government Accountability.
Georgia – First Trial in Atlanta Corruption Investigation Set to Start
Yahoo News – Kate Brumback (Associated Press) | Published: 3/8/2022
A political consultant who was a top aide to former Atlanta Mayor Kasim Reed is the first person set to go to trial in a long-running federal investigation into corruption at City Hall. Mitzi Bickers helped Reed win election in 2009 and worked as the city’s director of human services. She is accused, among other things, of taking bribes to use her influence to steer city work to two contractors. Others ensnared in the investigation have pleaded guilty and been sent to prison, but Bickers has maintained her innocence.
Georgia – Kemp Appeals Ruling on Leadership Committee Funds in Primary
Yahoo News – Kate Brumback (Associated Press) | Published: 3/9/2022
Georgia Gov. Brian Kemp is appealing a federal judge’s ruling that says a “leadership committee” the governor created under a new state law cannot spend money to get him reelected during the Republican primary. U.S. District Court Judge Mark Cohen’s ruling came in a lawsuit filed by former U.S. Sen. David Perdue, who is challenging the governor in the primary. Perdue and his campaign allege the law gives Kemp an unfair fundraising and spending advantage in the primary.
Illinois – Former Sen. Tom Cullerton Pleads Guilty to Embezzlement
Illinois Newsroom – Peter Hancock (Capital News Illinois) | Published: 3/8/2022
Former Illinois Sen. Tom Cullerton pleaded guilty to one count of embezzlement and could face more than a year in federal prison. Cullerton admitted he received pay and benefits from the Teamsters union during 2015 while doing little or no work. In addition to his salary, prosecutors alleged, Cullerton also received bonuses and health care benefits. Cullerton was indicted in 2019 on 40 counts of embezzlement, one for each biweekly paycheck he received from January 2015 through January 2016, a period of time when he also served in the state Senate.
Illinois – Former Veterans Affairs Chief Wrote Checks Totaling $50,000 to Her Mom from Her Political Fund
Better Government Association – Rachel Hinton | Published: 3/2/2022
The former head of the Illinois’ Veterans Affairs office used her campaign fund to write two checks totaling $50,000 to her mother, a move state elections officials say could be a violation of election laws. Linda Chapa LaVia said the checks, logged as January expenditures in her required campaign filings, were to repay a loan her mother made to help her start her political career about two decades ago. But records show her campaign made no disclosure of a loan to her committee, launched ahead of her successful campaign to become a state representative. It also does not show up in the original documents creating her fundraising committee.
Kansas – Lawmakers May Change How Kansas Supreme Court Justices Are Picked as Redistricting Case Looms
Yahoo News – Andrew Bahl (Topeka Capital-Journal) | Published: 3/7/2022
Lawmakers are considering changes to a six-decade-old system of selecting judges to the Kansas Supreme Court, at a time when the high court is on the cusp of hearing a landmark challenge to a set of GOP-authored congressional maps. Republican legislators insist the renewed push to end so-called merit selection of judges is unrelated to the redistricting lawsuits moving through the court system, which are all-but-certain to eventually arrive at the Supreme Court. They argue the move is needed to ensure Kansans have a voice in selecting jurists on the state’s highest court, either directly or via members of the Senate.
Kentucky – Metro Council Approves New Financial Disclosure Rules for Louisville Officials
WFPL – Roberto Roldan | Published: 3/4/2022
Elected officials in Louisville will now have to make yearly disclosures of their financial and business ties under new rules approved by Metro Council. The requirement will also apply to candidates for public office and city workers who can award contracts. City officials are already required to recuse themselves from making legal or contract decisions if they have a conflict-of-interest. But previously, there was no mandate for them to report much of their finances, making it hard to know when a conflict existed.
Massachusetts – State Senate Hires a Pay Consultant in Wake of Report That Says Staff Pay ‘Breaks with Best Practice’
MSN – Samantha Gross (Boston Globe) | Published: 3/3/2022
A salary study commissioned by the Massachusetts Senate but never publicly released found fault with the chamber’s hiring and pay practices for its staffers, concluding the approach “can be perceived as lacking fairness” and may lead to “problematic staff turnover.” Fourteen current and former legislative staff said the pay inequities are driving high turnover that hinders the Legislature’s ability to perform its basic functions, such as serving constituents and drafting legislation.
Michigan – Michigan Redistricting Panel Finished Maps Month Ago. Why Is It Still Meeting?
Bridge Michigan – Sergio Martínez-Beltrán | Published: 3/8/2022
Despite approving the new congressional and state legislative maps over two months ago, the Michigan redistricting commission continues to meet, and commissioners continue to get paid. That is partly because there is no clear expiration date for the group created in 2018 by a voter-approved constitutional amendment that some observers and experts now say was too vague.
Nevada – Judge Blocks GOP-Backed Redistricting Lawsuit for 2022 Election
Nevada Independent – Riley Snider | Published: 3/9/2022
Republican-backed efforts to challenge Nevada’s electoral maps in court on the heels of redistricting are likely on hold. A decision by Senior District Court Judge Robert Estes will have the likely effect of keeping the new legislative district maps, which largely favor Democrats, in place for the 2022 election. Estes said it would be “not fair” to interrupt the ongoing election process and two-week candidate filing period and the “election is going to proceed” under the boundary lines adopted after November’s special legislative session.
New York – Cuomo Doesn’t Say Whether He’s Running for Office. The Board of Elections Implies He Is.
Albany Times Union – Joshua Solomon | Published: 3/8/2022
Despite calls to investigate the use of campaign money for former Gov. Andrew Cuomo’s recent ads, the New York State Board of Elections will not be doing so. Cuomo has been mounting a public-relations campaign akin to a political one recently. He has run ads intended to repair his reputation after his resignation amid mounting scandals. The board’s chief enforcement counsel said the law “does not prohibit a former office holder, or anyone else from using campaign funds to test the waters for a future political candidacy.” Whether Cuomo is intending to seek public office or using the pretense of a run to use his $16.4 million campaign fund to help clear his name is a moot point to good government groups.
New York – How the Manhattan D.A.’s Investigation into Donald Trump Unraveled
MSN – Ben Protess, William Rashbaum, and Jonah Bromwich (New York Times) | Published: 3/5/2022
Two senior prosecutors stood before the new Manhattan district attorney, Alvin Bragg, detailing their strategy for proving Donald Trump knew his annual financial statements were works of fiction. They needed Bragg to decide whether to seek criminal charges, but Bragg and his senior aides had doubts. They hammered Mark Pomerantz and Carey Dunne about whether they could show Trump had intended to break the law by inflating the value of his assets in the statements, a necessary element to prove the case. The meeting started a series of events that brought the investigation of Trump to a sudden halt, prompted the two prosecutors to resign.
New York – Inspector General Investigates JCOPE ‘Hot Mic’ Episode
Albany Times Union – Chris Bragg | Published: 3/7/2022
The state inspector general’s office is investigating a breach of confidentiality at the Joint Commission on Public Ethics, spurred by a complaint filed by an attorney representing former New York Gov. Andrew Cuomo. At an August 26 meeting, JCOPE had ended its opening public portion and gone into what was supposed to be a closed executive session. But the live audio could still be heard for another 10 minutes, and the public was privy to discussion of a confidential investigation related to Cuomo.
North Carolina – In 2020, Meadows Registered to Vote at N.C. Mobile Home That He Reportedly Never Lived In
MSN – Marianna Alfaro (Washington Post) | Published: 3/7/2022
Former White House chief of staff Mark Meadows registered to vote in 2020 using the address of a North Carolina mobile home he has never lived in, a move scrutinized as potential voter fraud. According to the New Yorker, neither the home nor the address have belonged to him. It is illegal to provide false information on a voter registration, and while Americans can have multiple residences, they can only have one official domicile, which is tied to their voter registration. To register to vote in North Carolina, a citizen must have lived in the county where they are registering and have resided there for at least 30 days before the date of the election.
North Carolina – North Carolina Rep. Cawthorn’s Candidacy Challenge Blocked
MSN – Gary Robertson (Associated Press) | Published: 3/4/2022
A federal judge blocked an effort by North Carolina voters to disqualify U.S. Rep. Madison Cawthorn from seeking reelection this fall by alleging his involvement with the rally that preceded the U.S. Capitol riot in January 2021 made him ineligible. U.S. District Judge Richard Myers declared the state’s candidate challenge process did not apply to a portion of the 14th Amendment designed to prevent members of Congress who had fought on the Confederate side during the Civil War from returning to Congress.
Ohio – Gun Lobbyist Wrote GOP Lawmakers’ ‘Permitless Carry’ Speech, Document Data Shows
Ohio Capital Journal – Jake Zuckerman | Published: 3/4/2022
Last April, two Republicans in the Ohio House told lawmakers their “constitutional carry” bill would ease the bureaucratic hassle of undergoing training and a background check to obtain a license to carry a concealed weapon. But they did not write the speech. Chris Dorr, a lobbyist and executive director of Ohio Gun Owners, did. Metadata attached to a copy of their testimony on the Legislature’s website shows his name as the author of the document. Dorr writing the testimony is among the clearest signs of the close working relationship between gun lobbyists and Republican lawmakers.
Ohio – Ohio Regulatory Judge Steps Back from FirstEnergy’s HB 6 Cases After Subpoenaed Records Reveal His Role
Energy News Network – Kathiann Kowalski | Published: 3/7/2022
An Ohio regulatory official stepped away from four FirstEnergy regulatory cases after subpoenaed documents showed he took part in policy matters relating to House Bill 6, the nuclear and coal bailout law at the heart of an ongoing corruption scandal. The materials show Gregory Price, a hearing examiner overseeing House Bill 6 cases for the Public Utilities Commission of Ohio (PUCO), was included in policy communications with former PUCO Chairperson Sam Randazzo before the law passed and when bills to repeal it were proposed in the wake of the arrests of former Ohio House Speaker Larry Householder and others.
Tennessee – Ex-Tennessee Rep Pleads Guilty to Fraud in Consulting Scheme
MSN – Jonathan Mattise (Associated Press) | Published: 3/8/2022
Former Tennessee Rep. Robin Smith pleaded guilty to a federal wire fraud charge in connection with a political consulting firm involving state Rep. Glen Casada, who had served as House speaker. Prosecutors say Smith, Casada, and Casada’s then-chief of staff, Cade Cothren, used the firm to illegally funnel money to themselves through both campaign and taxpayer-funded work while concealing their involvement. Casada resigned from the top leadership post in 2019 after revelations he exchanged sexually explicit text messages about women with Cothren.
Texas – Ethics Commission Fines Republican $30K for Implying Black Democrats Endorsed Him
Yahoo News – TheGrio.com | Published: 3/8/2022
Eric Dick, who lost his bid for a seat on its Houston City Council in 2019, was fined $30,000 by the Texas Ethics Commission after falsely claiming he had been endorsed by a group of Black Democrats. Dick was running for office when he sent out an endorsement mailer by a group called the Harris County Black Democratic News. One side of the mailer had a banner that read, “Endorsement Announcement.” Dick originally told the commission he was not behind the mailer. But an investigation discovered he requested the mailer, approved the design, and arranged for its payment.
Vermont – Vermont Is One of Five States Without a Statutory Code of Ethics. A Bill in the Senate Seeks to Change That
Vermont Public Radio – Peter Hirschfeld | Published: 3/8/2022
The Vermont Senate is poised to advance legislation that would create a statutory code of ethics for elected officials and state employees, but government watchdogs continue to face resistance to an independent agency to enforce the code. Vermont is one of only five states without a statutory code of ethics. “In order to have a really solid framework for government ethics, an outside entity such as the ethics commission does need to have some kind of investigatory or enforcement power,” said Christina Sivret, executive director of the state Ethics Commission. “However, we envision that to be a very slow process. People are not even used to having a statutory code of ethics in place.”
Washington – WA Attorney General Bob Ferguson Announces $9M Settlement in Grocery Industry Campaign-Finance Case
Seattle Times – Jim Brunner | Published: 3/2/2022
A trade group that represents some of the biggest U.S. food companies agreed to pay $9 million for violations of Washington’s campaign finance law after the state Supreme Court upheld a penalty twice that much. The Consumer Brands Association will pay the fine and drop an expected appeal to the U.S. Supreme Court. The settlement will finally end a long legal battle stemming from a 2013 ballot initiative that sought to require labeling of genetically modified food products. Documents showed the group sought to conceal the identities of corporations that wrote big checks to fund its campaign.
Washington DC – The Tiny Radio Station Broadcasting Russian Propaganda in D.C.
WFPL – Paul Farhi (Washington Post) | Published: 3/7/2022
WZHF, a former Spanish-language station 11 miles east of the White House in Maryland’s Capitol Heights, is the flagship of Russian President Vladimir Putin’s effort to harness America’s radio airwaves to sell the Kremlin’s point of view. Despite periodic legal and political challenges, and the imposition of sanctions against Russia for its invasion of Ukraine, the station has stayed on the air, broadcasting its Kremlin-approved message. The station is one of only five outlets in the U.S. that air English-language broadcasts of “Radio Sputnik,” produced in Moscow and Washington under the Russian government’s supervision.
Wyoming – Crossover Voting Ban Dies, Other Election Legislation Prevails
WyoFile – Maggie Mullen | Published: 3/9/2022
Election reforms trumpeted by the Wyoming Republican Party failed this session. Meanwhile, two campaign finance bills passed, along with one to ease the absentee ballot process for clerks. House Bill 49 requires any organization that receives or spends funds in excess of $1,000 for the purpose of influencing an election outcome to officially file as a political organization. House Bill 80 would increase the penalties for campaigns and PACs that do not file an itemized statement of contributions and expenditures.
March 4, 2022 •
News You Can Use Digest – March 4, 2022
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National/Federal Backstage Drama at Jan. 6 Rally for Trump Draws Interest of House Committee MSN – Jacqueline Alemany, Josh Dawsey, and Beth Reinhard (Washington Post) | Published: 2/26/2022 The White House was made aware of concerns among allies of Donald Trump […]
National/Federal
Backstage Drama at Jan. 6 Rally for Trump Draws Interest of House Committee
MSN – Jacqueline Alemany, Josh Dawsey, and Beth Reinhard (Washington Post) | Published: 2/26/2022
The White House was made aware of concerns among allies of Donald Trump that some people coming to Washington, D.C. on January 6, 2021, to potentially speak at the rally were too extreme, even for a president who had frequently pushed or crossed the boundaries of traditional political norms. The advance warnings to the White House and the friction between organizers have become a focus for the House select committee investigating the insurrection, as lawmakers try to understand the planning and financing behind the rally.
First Jan. 6 Defendant Pleads Guilty to Seditious Conspiracy in Capitol Attack
MSN – Tom Jackman and Rachel Weiner (Washington Post) | Published: 3/2/2022
A member of the far-right Oath Keepers extremist group became the first to admit to engaging in seditious conspiracy on January 6, 2021, to keep President Biden from taking office. Joshua James pleaded guilty to helping lead a group that prosecutors say sent two tactically equipped teams into the Capitol and organized a cache of weapons in a hotel just outside the city. He may face the stiffest sentence of any January 6 defendant so far, according to preliminary sentencing guidelines.
Four US Lawmakers or Their Spouses Personally Invested in Russian Companies: Documents
MSN – Dave Levinthal (Business Insider) | Published: 3/1/2022
Four members of Congress or their spouses have either currently or recently invested money in Russian companies, financial disclosures show. These investments come to light in the midst of Russia’s invasion of Ukraine, which has prompted the U.S. government to hit Russia with heavy sanctions and triggered boycotts of Russian products and culture. Congress is debating whether to ban members from trading individual stocks amid violations of current financial disclosure laws and potential conflicts-of-interest.
Four Women on the Supreme Court Would Bring Historic, Near Gender Parity for Institution Long Dominated by White Men
MSN – Robert Barnes (Washington Post) | Published: 2/27/2022
If President Biden’s nominee, Judge Ketanji Brown Jackson, is confirmed to the U.S. Supreme Court, it would mean four women would simultaneously serve for the first time in its 233-year history, as close to gender parity as possible on the nine-person bench. That will not change the court’s ideological direction, and law professors and political scientists continue to debate whether gender significantly affects legal interpretation. But those who welcome the change say it is important for representational reasons, and they assert it could bolster the public’s view of the court’s legitimacy.
Guns, Radicalization and a Father’s Alleged Threat: First Jan. 6 trial set to begin
MSN – Spencer Hsu (Washington Post) | Published: 2/28/2022
Guy Reffitt, a purported recruiter for the right-wing, anti-government Three Percenters movement is the first person to stand trial in the January 6, 2021, attack on the Capitol. For the first time, a defendant will get to confront in open court a portion of the mountain of video evidence, online communications data, and police testimony the government has amassed against roughly 750 federally charged individuals. A judge and jury in D.C. also will weigh prosecutors’ application of rarely used criminal statutes to prosecute the first violent incursion of the Capitol by U.S. citizens.
Jan. 6 Committee Alleges Trump, Allies Engaged in Potential ‘Criminal Conspiracy’ by Trying to Block Congress from Certifying Election
MSN – Josh Dawsey, Tom Hamburger, Jacqueline Alemany, and Rosalind Helderman (Washington Post) | Published: 3/2/2022
The House committee investigating the January 6, 2021, attack on the U.S. Capitol said in a court filing it had evidence former President Trump and his allies engaged in a “criminal conspiracy” by trying to block Congress from certifying the election. The alleged criminal acts, which include conspiring to defraud the United States, were raised by the committee in a filing challenging conservative lawyer John Eastman’s refusal to turn over thousands of emails the panel requested related to his role in trying to persuade former Vice President Mike Pence to reject electors from states won by Joe Biden.
Lobbyists Ramp Up Fly-Ins Despite Capitol Covid-19 Restrictions
Bloomberg Government – Nancy Ognanovich | Published: 2/24/2022
Two years after the pandemic forced the closure of the U.S. Capitol, the lobbying community still faces challenges maintaining relationships and effective communications with House and Senate lawmakers and staff. But with Covid-19 cases waning and important legislative issues on the agenda, some lobbyists and industry associations are resuming their trek to Washington, D.C. and have devised ways to deal with continued restrictions on entering the Capitol complex. More than 50 different business groups plan trips, with industry fly-ins beginning March 2, according to Ed Mortimer, a U.S. Chamber of Commerce vice president.
‘My Life Was a Constant Lie’: Chabot’s ex-campaign manager sentenced for $1.4 million theft
MSN – Kevin Grasha (Cincinnati Enquirer) | Published: 3/1/2022
U.S. Rep. Steve Chabot’s onetime campaign manager, Jamie Schwartz, was sentenced to two years in federal prison for stealing $1.42 million from the campaign. Schwartz’s embezzlement took place over at least eight years, prosecutors said. But the scheme began to unravel in the summer of 2019 when the FEC began an audit of the campaign. According to prosecutors, Schwartz falsified official records, forged bank records, and lied to the FEC.
Some Records Taken by Trump Are So Sensitive They May Not Be Described in Public
MSN – Jacqueline Alemany and Tom Hamburger (Washington Post) | Published: 2/26/2022
Some of the presidential records recovered from former President Trump’s residence at Mar-a-Lago are so sensitive they may not be able to be described in forthcoming inventory reports in an unclassified way. The revelation comes as U.S. Rep. Carolyn Maloney sent the National Archives and Records Administration a request for further information on 15 boxes of records recovered from Trump’s resort. There are records at the very highest levels of classification, including some that can be viewed by only a small number of government officials.
Trial Opens for Men Accused of Funneling Millions to Back Hillary Clinton in 2016 Presidential Race
Yahoo News – Josh Gerstein (Politico) | Published: 2/24/2022
Businessperson Rani El-Saadi is on trial, accused of conspiring to illegally donate more than $3 million to back Hillary Clinton in the 2016 presidential race. Prosecutors said digital payments magnate Andy Khawaja supplied the $150,000 that El-Saadi personally donated to attend a Clinton fundraiser in 2016. Khawaja has been in Lithuania fighting extradition to the U.S. for more than two years and was declared a fugitive. “Khawaja wanted very badly to gain power and influence in the U.S.,” prosecutor Michelle Parikh told the jury.
US Lobbying Firms Rush to Cut Ties with Russian Businesses Hit with Sanctions
CNN – Casey Tolan, Curt Devine, and Daniel Medina | Published: 2/26/2022
In the years leading up to Russia’s attack on Ukraine, U.S. lobbyists have raked in millions of dollars from Russian banks and financial firms paying to push their interests in Washington. Now, in the wake of the Russian invasion and new sanctions announced by President Biden, many of those lobbying firms are rushing to cut ties and drop their lucrative contracts. The exodus marks the rupture of a Moscow-to-K-Street conduit that has long employed former federal officials and members of Congress of both parties, experts said.
Canada
Canada – Ethics Commissioner Calls for Reform of Alberta Lobbyist Rules
CBC – Paige Parsons | Published: 3/3/2022
The province should create a communication registry for lobbyists to address what she says is a lack of transparency, Alberta’s ethics commissioner says. Marguerite Trussler’s office put forward a number of recommendations for changes to the Alberta Lobbyists Act as part of a review of the legislation currently underway. The law must be reviewed every five years, and a committee is expected to submit a report with its recommendations to the Legislature by September.
From the States and Municipalities
California – Mayor’s Top Aide Held Private Call with Ash Street Defendant, Lobbyist Before Tuesday Council Meeting
San Diego Union Tribune – Jeff McDonald | Published: 2/27/2022
One day before the San Diego City Council met to discuss the lawsuits over a controversial lease, Mayor Todd Gloria’s chief operating officer, Jay Goldstone, spoke privately with the principal owner of a development firm that is being by the city and his lobbyist. Jay Goldstone testified at his deposition he reached out to lobbyist Christopher Wahl days ahead of a city council meeting. Wahl set up the conference call between Goldstone, himself, and his client, Cisterra Development majority owner Steven Black. A mayoral spokesperson did not say why no lawyers participated in the meeting or why the other defendants were not involved.
Colorado – Envelope with Checks Found in Colorado Capitol Bathroom Creates Sticky Situation
Colorado Politics – Marianne Goodland | Published: 2/24/2022
A Colorado House staffer went into the men’s public bathroom in the basement of the Capitol and found an envelope. Inside were checks, made out to the Senate Majority Fund, the independent expenditure committee that helps to finance Republican campaigns for the state Senate. How many checks were in the envelope and how much total are not known, although a source mentioned they are in the five figures.
Connecticut – Upstairs, Downstairs: In CT Capitol, Senate is off limits, House is open
CTMirror.org – Mark Pazniokas | Published: 3/2/2022
The House and Senate Democratic majorities in Connecticut diverged sharply and awkwardly on questions of COVID-19 and public access to a state Capitol that has been largely closed for nearly two years. The second floor of the Capitol, where the House resides, was open and its hallways lined by lobbyists, representatives of unions and non-profits, and one woman handing out flyers opposed to legalizing assisted suicide. The third-floor home of the Senate was closed.
Florida – Bill Banning Lobbying for Ex-Lawmakers Heads to Gov. DeSantis’ Desk
Florida Politics – Gary Rohrer | Published: 2/25/2022
Former lawmakers who lobby their ex-colleagues in the Florida Legislature or executive branch could face a fine and other sanctions starting next year, after the Senate unanimously passed House Bill 7001, sending it to Gov. Ron DeSantis’ desk. Under the bill, a lawmaker who receives compensation for lobbying at the state level within six years after leaving office could be subject to a public censure, a civil fine of up to $10,000, the forfeiture of any money received to lobby, or all three.
Florida – They Threw a $74,000 Goodbye Party for a County Official. Lobbyists Pitched In. How Did That Help the Public?
MSN – Lisa Huriash (South Florida Sun Sentinel) | Published: 2/25/2022
Broward County lobbyists, politicians, and county officials were on the guest list for a surprise celebration at the FLA Live Arena in February. Now the event, marking the retirement of Broward County Administrator Bertha Henry, is facing scrutiny over whether it created the appearance of melding the county’s interests with those of lobbyists and private financial interests. Some of the funding for the event came from the Florida Panthers, the hockey team that has historically come before the county ask for public subsidies to stay afloat, and its top two people were on the guest list.
Illinois – Ex-House Speaker Michael Madigan, Long the State’s Most Powerful Pol, Indicted on Federal Racketeering Charges
Yahoo – Jason Meisner and Ray Long (Chicago Tribune) | Published: 3/2/2022
Michael Madigan, the former speaker of the Illinois House and for decades one of the nation’s most powerful legislators, was charged in a racketeering and bribery scheme, becoming the most prominent politician swept up in a federal investigation of government corruption in the state. The 22-count indictment comes after a yearslong probe and alleges Madigan participated in an array of bribery and extortion schemes from aimed at using the power of his office for personal gain. He was dethroned as speaker in 2021 as the investigation swirled around him, and soon after resigned the House seat he had held since 1971.
Illinois – Investigation of AT&T Contracts in Probe Orbiting Michael Madigan Centers on Funds to Lobbyists and Former State Rep, Sources Say
MSN – Jason Meisner and Ray Long (Chicago Tribune) | Published: 3/2/2022
Consulting funds flowing from AT&T to a lobbyist with deep ties to then-Illinois House Speaker Michael Madigan and eventually to a former state representative are at the center of a federal investigation into the company’s lobbying practices in Springfield. AT&T disclosed that federal prosecutors notified it they were considering filing criminal charges against its Illinois subsidiary involving “a single, nine-month consulting contract in 2017? worth $22,500. Records show the company that year had hired a stable of Madigan-connected lobbyists working for the subsidiary as AT&T was fighting for a controversial bill to end landline service.
Kansas – Kansas Lawmakers Are Supposed to Vet Bills in Committees. But Are Their Hearings Fair?
MSN – Jonathan Shorman and Katie Bernard (Kansas City Star) | Published: 3/1/2022
Lawmakers and lobbyists in Kansas say some legislative committees either limit public comment or tip the scales in the favor of bills supported by the Republican majority. In theory, the Legislature’s 48 committees are supposed to serve as a first check on bills, allowing lawmakers to vet them before they are sent to the floor. But in practice, Republican chairs are able to determine what voices are heard, what bills move forward, and even push policy pieces without a public hearing. Some Democrats and lobbyists complain these practices allow Republicans to paint a false picture of public opinion and stifle debate when convenient.
Maine – Subpoenas Will Ramp Up Maine Investigation into National Conservative Group
Bangor Daily News – Caitlin Andrews | Published: 2/28/2022
The Maine ethics commission voted to allow staff to subpoena the American Legislative Exchange Council (ALEC) to require them to turn over documents to determine if it violated state contribution laws by allowing lawmakers to use software that contains voter information and is used to track constituent interactions. ALEC has refused to participate in the probe, saying it believes it is illegitimate. The move is expected to lead to months of litigation over the subpoenas.
Massachusetts – Are Campaign Donations to MA Sheriffs Too Suggestive of Pay-to-Play? CT May Have Solution
Herald News – Kyle Stucker (USA Today) | Published: 2/25/2022
A report revealed Massachusetts sheriffs received $2.69 million in questionable donations during their campaigns, calling into question whether construction firms, medical companies, and other special interests are buying influence. Sheriffs deny being involved in “pay-to-play” schemes. Even if wealthy special interests are not buying policies that pad their coffers, the advocacy groups behind the report suggested such campaign donations do not pass the smell test even though they’re legal. The groups believe Massachusetts and other states should adopt Connecticut’s public financing model to improve confidence and fairness in their elections.
Michigan – Term Limits Were Supposed to Fix Lansing. Did They Make It Worse Instead?
MLive.com – Samuel Robinson | Published: 3/2/2022
Thirty years have passed since Michigan voters approved limits to the number of years politicians can serve to six (three terms) in the House and eight (two terms) in the Senate. While the change ushered out veteran lawmakers, many still wonder whether that was a good thing. Michigan’s strictest-in-the-nation term limits have drawn a backlash so strong a bipartisan group is now aiming to loosen rules by putting the question back on the ballot. Critics argue that setting strict limits on how long politicians can serve has splintered relationships at the Capitol and reduced bipartisanship to a point where it is hurting constituents.
Missouri – Independence Mayor Asked About Campaign Donations in Deposition, but Advised to Stay Mum
MSN – Kevin Hardy (Kansas City Star) | Published: 3/2/2022
Independence Mayor Eileen Weir was asked in a deposition last year about campaign contributions she received from a Missouri company looking to do business with the city. The donations have raised questions among other city council members and drew the interest of the FBI. But a transcript of that deposition shows she mostly avoided the topic after her personal attorney objected to the line of questioning and advised her not to answer questions about the contributions. The mayor was questioned under oath as part of a defamation lawsuit against the city and two council members.
Nevada – Social Video Shows ‘Racist’ Taunts of Nevada Governor, Wife
MSN – Ken Ritter (Associated Press) | Published: 2/28/2022
Nevada Gov. Steve Sisolak, a Democrat, and his wife were accosted during the weekend by two men who followed them out of a Las Vegas restaurant shouting profanities, taunts, and anti-government statements in an incident posted on the Internet. Sisolak characterized the incident as “racist threats.” His wife is a former municipal finance specialist of Chinese heritage who was born in the Nevada town of Ely. The incident now is being investigated by state police.
New Jersey – 2 Counties Tried to Skirt N.J. Public Bidding Laws. Now the Legislature May Make It Legal.
MSN – Ted Sherman (NJ Advance Media) | Published: 3/2/2022
Efforts by two counties to evade New Jersey’s bidding laws on projects involving tens of millions of dollars in public funding are now the focus of a bill introduced in the state Senate that would make legal what the courts have so far declared to be illegal. The legislation would clear the way for county improvement authorities to essentially award no-bid deals to favored contractors. Under the measure, counties would be able to ignore the bidding requirements of New Jersey’s Local Public Contracts Law by declaring any major construction proposal a “redevelopment project.”
New York – Lt. Gov.’s Campaign Expenses Show Conflicts with Taxpayer Refunds
Albany Times Union – Chris Bragg | Published: 2/28/2022
The Albany Times Union found a dozen instances where Lt. Gov. Brian Benjamin submitted vouchers claiming the full, taxpayer-funded reimbursement for traveling from New York City to Albany; during those same trips, a campaign-issued debit card was used to pay for gasoline. Each time he had sought full taxpayer reimbursement for the 12 trips, Benjamin stated he was the one bearing the costs. Albany politicians collecting taxpayer-funded reimbursement for costs already covered by their campaigns has at times proven controversial and was the subject of the 2006 trial of former Assemblyperson Clarence Norman.
New York – ‘Malicious Cyberattack’ Strikes New York Ethics Agency
Albany Times Union – Brendan Lyons | Published: 2/25/2022
The New York Joint Commission on Public Ethics (JCOPE) shut down its online filing system as authorities investigate a “deliberate malicious cyberattack.” JCOPE said the attack involved a web server that houses, among other systems, the agency’s lobbying application and financial disclosure filing systems.
Ohio – Ohio House Won’t Release Texts Between House Rep and Indicted Ex-Speaker
WEWS – Jake Zuckerman (Ohio Capital Journal) | Published: 3/2/2022
Lawyers with the Ohio House denied a public records requests for text messages between a sitting lawmaker and former Speaker Larry Householder, who was expelled by his peers while under a racketeering indictment related to alleged public corruption. State Rep. Jay Edwards and Householder regularly exchange text messages and talk on the phone. Edwards said they always avoid discussing the criminal case against Householder and usually, but not always, avoid public policy discussions as well. Edwards says the messages do not exist because “… I go through at night and erase text messages I don’t find useful.”
Ohio – Ohio Judge Helped Write a Bailout That Led to Arrests; Now He’s Blocking Outside Probes
WEWS – Jake Zuckerman (Ohio Capital Journal) | Published: 2/28/2022
A judge who oversees utility cases was involved in writing a coal and nuclear bailout now at the center of what prosecutors have described as the largest public corruption case in Ohio history, subpoenaed documents show. That same judge, Greg Price, is presiding over multiple regulatory cases in which a government watchdog agency is trying to investigate that same corruption. His orders, spanning 18 months, have blocked investigations into FirstEnergy, a utility at the center of the scandal.
Oklahoma – Claiming Out-of-State Influences, Oklahoma Looks to Clamp Down on State Question Laws
Oklahoma Watch – Trevor Brown | Published: 2/28/2022
Several Oklahoma lawmakers are looking to add hurdles for citizen-led groups to pass the type of state questions that legalized medical marijuana, expanded Medicaid, and won voter support despite Republican leaders’ opposition in recent years. More than a dozen bills up for consideration, all authored by GOP legislators, seek to either requirements for citizen-led voter initiatives to get on the ballot or increase the threshold for some of the proposals to pass on Election Day.
Oregon – Oregon Labor, Business Interest Groups File Challenges to Campaign Contribution Limit Proposals
Spokane Spokesman-Review – Hillary Borrud (Portland Oregonian) | Published: 2/25/2022
Oregon business and labor groups filed challenges to three proposed ballot measures that would set campaign contribution limits in the state. The challenges were anticipated by supporters but nonetheless increase the likelihood that voters will not get to weigh in on political donation limits. Secretary of State Shemia Fagan disqualified the proposed measures because she said they should have included the entire texts of laws they would amend, including sections that would be left unchanged. Fagan based her decision on a 2004 Oregon Court of Appeals ruling that previous secretaries of state generally did not follow.
Pennsylvania – Activists Disrupt House GOP Leader’s Speech Demanding Action on Gift Ban Legislation
PennLive.com – Jan Murphy | Published: 2/28/2022
Activists seeking passage of legislation to ban gifts to lawmakers disrupted the Pennsylvania Press Club luncheon to pressure House leadership to act on the bill. Reid Stever, a representative of MarchOnHarrisburg, interrupted House Majority Leader Kerry Benninghoff’s speech to press for a vote on House Bill 1945, which makes it illegal for lawmakers to accept a gift from a lobbyist. It won House State Government Committee approval last March but has yet to be brought up for a vote by the full chamber.
Pennsylvania – Pennsylvania GOP Urges Supreme Court to Toss Congressional Map
MSN – Michael Macagnone (Roll Call) | Published: 2/28/2022
Pennsylvania Republicans asked the U.S. Supreme Court to overturn a state court-approved congressional map, arguing the Democrat-controlled court exceeded its authority by imposing the map without the Legislature’s approval. The Pennsylvania Supreme Court selected the map after the politically divided state government failed to approve one. The appeal argued the state court’s selection of one of the plaintiffs’ maps targeted Republicans and violated the Constitution by having congressional districts that deviated in population by two or more people.
Tennessee – Former Tennessee Speaker Casada Aide Cothren Refuses to Testify in State Campaign Finance Probe
Yahoo News – Andy Sher (Chattanooga Times Fress Press) | Published: 3/2/2022
Cade Cothren, the former chief of staff to then-Tennessee House Speaker Glen Casada, invoked his Fifth Amendment right against self-incrimination and did not appear before the Registry of Election Finance regarding his alleged involvement as the head of a PAC that attacked a Casada critic. The registry voted to issue subpoenas for information related to the Faith Family Freedom Fund PAC to Cothren, Casada, and several others who may have had knowledge of the committee.
Texas – Dallas Hires Former Texas Health Inspector General to Investigate City Corruption Claims
Dallas Morning News – Everton Bailey Jr. | Published: 2/23/2022
Dallas hired a former state health inspector general to lead a new office in charge of investigating allegations of waste, abuse, and fraud. Bart Bevers was chosen as the city’s first inspector general, a position created in December when city officials made several changes to ethics rules to strengthen transparency and accountability. Several scandals involving Dallas officials have resulted in convictions on corruption-related charges.
Texas – Rejected Mail Ballots, Confused Voters: Texas’s restrictive new law casts shadow over primary
MSN – Amy Gardner (Washington Post) | Published: 3/1/2022
Democrats and voting rights advocates predicted for months that new election rules in Texas, referred to as Senate Bill 1 in the state, would make it harder for some people to vote and for election officials to do their jobs. The March 1 primary made clear to critics that those predictions, so far, have come true, providing a glimpse of what voting could look like in more than a dozen states that enacted similarly restrictive laws in the aftermath of the 2020 contest.
Utah – Utah Lawmakers Pass New Media Restrictions for House Floor
MSN – Sam Metz (Associated Press) | Published: 3/1/2022
The Utah House approved new rules that limit where members of the press can film and interview lawmakers, following similar action taken by the state Senate. The rules extend pandemic-era restrictions on when journalists can report from the floors of the legislative chambers. Media organizations and journalists oppose the rules changes, arguing that restricting media movements would make it more difficult to cover fast-paced action and make it easier for lawmakers to dodge the press. They said the move reduced transparency.
Virginia – Virginia Lawmakers Still Can’t Bring Themselves to Ban Personal Use of Campaign Cash
Virginia Mercury – Graham Moomaw | Published: 3/2/2022
After years of debate and multiple studies, Virginia lawmakers still are not ready to pass a law preventing themselves from using campaign money on personal expenses that have nothing to do with running for office. The last remaining bill prohibiting personal use of campaign funds died in a House subcommittee, with several legislators framing the issue as too complex to tackle even though the practice is already outlawed at the federal level and in most states. Republicans on the panel defeated the version of the bill that had passed the Senate with overwhelming bipartisan support.
Wisconsin – Wisconsin GOP’s 2020 Report Embraces Fringe Election Decertification Theory
Yahoo News – Zach Montellaro (Politico) | Published: 3/1/2022
A draft report for a Republican-run investigation of the 2020 election in Wisconsin, embraces the fringe theory that election results could be decertified after the fact – advancing former President Trump’s calls to overturn an election he lost over a year ago. Former Wisconsin Supreme Court Justice Michael Gableman has been conducting a probe of the 2020 election, authorized by state Assembly Speaker Robin Vos. Gableman’s interim report attacks Wisconsin election administrators and argues for dismantling the state’s election board.
Wisconsin – Wisconsin Supreme Court Hears Arguments in Regulator Bias Case Spawned by Power Line
Madison.com – Chris Hubbuch (Wisconsin State Journal) | Published: 2/28/2022
The Wisconsin Supreme Court heard arguments in a case stemming from a power line dispute that could have sweeping implications for regulators, judges, and other public officials. The court is being asked to decide if a former utility regulator’s personal relationships could invalidate the permit for a controversial power line being built in the state. Opponents of the line sought to question former Public Service Commissioner Mike Huebsch about communications, some using an encrypted messaging app, with utility lobbyists and his eventual attempt to land a job with one of the utilities behind the project.
February 25, 2022 •
News You Can Use Digest – February 25, 2022
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National/Federal Big U.S. Law Firms Pitch Changes to DOJ ‘Foreign Agent’ Regulations Reuters – Mike Scarcella | Published: 2/16/2022 Many law firms responded to a U.S. Department of Justice request for views from attorneys, lobbing offices, and other outlets about potential […]
National/Federal
Big U.S. Law Firms Pitch Changes to DOJ ‘Foreign Agent’ Regulations
Reuters – Mike Scarcella | Published: 2/16/2022
Many law firms responded to a U.S. Department of Justice request for views from attorneys, lobbing offices, and other outlets about potential revisions to the Foreign Agents Registration Act. The law has come into sharper focus amid greater scrutiny of foreign influence efforts in the U.S. and more enforcement actions. The Justice Department is in the early stages of a rule-making process and has not issued any proposed changes to the law.
Fed Overhauls Investment and Trading Rules Following Resignations of Top Officials
MSN – Rachel Siegel (Washington Post) | Published: 2/18/2022
The Federal Reserve overhauled its trading rules for policymakers and staff, rewriting previous guidelines that central bankers said were insufficient amid the resignations of three top policymakers. The rules mirror a general outline offered by Federal Reserve Board Chairperson Jerome Powell. But additional details reflect tougher standards and the culmination of a review that sought to regain public trust after the financial activities of top officials came under heightened scrutiny.
Feds Just Let Ron Paul’s Old Campaign Slide on Likely Violations
MSN – Roger Sollenberger (Daily Beast) | Published: 2/17/2022
More than 10 years ago, former U.S. Rep. Ron Paul’s presidential campaign got caught up in a bribery scandal that netted felony convictions against three senior staffers. Five years later, the FEC unanimously found Paul’s campaign likely broke the law. But it was not until recently that the FEC finally disclosed its unanimous vote. It took more than 3,700 days after Paul campaign aides paid an Iowa senator who dramatically flipped his presidential endorsement for the agency to make its final decision. After all the investigations had concluded, the FEC decided to let the whole thing slide.
GOP Lawmakers Are Pushing High-Tech ‘Fraud-Proof’ Ballots. A Texas Company Could Be the Only Supplier.
MSN – Rosalind Helderman (Washington Post) | Published: 2/18/2022
High-tech security features would be required to be embedded on ballots under measures proposed in at least four states by Republican lawmakers – all promoters of false claims the 2020 election was marred by mass fraud – to make the ballots as hard to counterfeit as passports or currency. But the specialized inks and watermarks also would limit the number of companies capable of selling ballot paper, potentially to just one Texas firm with no previous experience in elections that consulted with the lawmakers proposing the measures.
Judge Allows Lawmaker Jan. 6 Lawsuits Against Trump to Proceed
MSN – Todd Ruger (Roll Call) | Published: 2/18/2022
A federal judge ruled Democratic lawmakers and Capitol Police officers can move forward with civil lawsuits against former President Trump in connection with the January 6, 2021, attack on the Capitol, but U.S. Rep. Mo Brooks should be dismissed as a defendant. U.S. District Court Judge Amit Mehta issued the ruling on motions by the defendants to dismiss claims in three related lawsuits, which seek to hold Trump, the former president’s lawyer, Rudy Giuliani, and others personally responsible for their roles in the events.
National Archives Confirms Classified Material Was in Boxes at Trump’s Mar-a-Lago Residence
MSN – Matt Zapotosky (Washington Post) | Published: 2/18/2022
The National Archives and Records Administration confirmed it found items marked classified in boxes of White House records that former President Trump took with him to his Mar-a-Lago residence. U.S. Archivist David S. Ferriero said the agency had been in touch with the Justice Department over the matter. The Washington Post had reported that some of the Mar-a-Lago documents were marked as classified, including some at the “top secret” level, a revelation that seemed likely to intensify the legal pressure that Trump or his staffers could face.
Ryan Zinke Broke Ethics Rules While Leading Trump’s Interior Dept., Watchdog Finds
MSN – Anna Phillips and Lisa Rein (Washington Post) | Published: 2/16/2022
Facing serious allegations about this ethics and conduct in office, Ryan Zinke, Donald Trump’s former Interior secretary, told a government official in 2018 that negotiations over a land deal in his hometown of Whitefish, Montana, were proceeding without him. His involvement was minimal and his meeting with the project’s developers at Interior headquarters was “purely social.” But a report by the department’s internal watchdog said text message exchanges show he communicated with the developers 64 times to discuss the project’s design, the use of his foundation’s land as a parking lot, and his interest in operating a brewery on the site.
Supreme Court Formally Denies Trump’s Request to Review the January 6 Committee’s Bid for White House Records
Yahoo News – Sonam Sheth, Brent Griffiths, and Oma Seddiq (Business Insider) | Published: 2/22/2022
The U.S. Supreme Court officially denied former President Trump’s request to review the January 6 select committee’s bid for White House records. The decision was widely expected after the court declined Trump’s request to block the National Archives and Records Administration from turning over executive-branch documents to the congressional committee investigating the Capitol riot. A federal judge rejected Trump’s request in November, saying in a while Trump had the right to assert the privilege, President Biden was not required to honor it. The U.S. Circuit Court of Appeals in Washington, D.C. affirmed the ruling.
From the States and Municipalities
Arizona – Arizona Lawmakers Can’t Ignore Their Own Open Meeting Laws, Court Rules
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 2/15/2022
State lawmakers cannot ignore open meeting laws by claiming the laws do not apply to them, the Arizona Court of Appeals ruled. Judge Jennifer Campbell said there is no evidence that lawmakers ever intended to exempt themselves when they approved the laws. A lawsuit contended there were 26 Republican lawmakers from Arizona attending an annual conference of the American Legislative Exchange Council. The council funded largely by corporate interests, serves as a clearinghouse for proposed changes in state laws across the nation.
California – 49ers CEO Jed York Accused of Violating Santa Clara’s Lobbyist Ordinance Over 2026 World Cup Ads
Peninsula Premier – Grace Hase (San Jose Mercury News) | Published: 2/23/2022
San Francisco 49ers Chief Executive Officer Jed York may have violated Santa Clara’s lobbying ordinance after spending more than $15,000 on Facebook ads without registering with the city as a lobbyist. The ads asked residents to tell the Santa Clara City Council to support bringing the 2026 FIFA World Cup to Levi’s Stadium. The stadium is publicly owned and governed by the Stadium Authority, which is composed of the mayor and council. The lobbying law defines an expenditure lobbyist as an individual who spends more than $5,000 influencing city business. While several members of the 49ers’ organization are registered lobbyists, York is not.
California – DWP Commissioner Held Fundraiser for Councilmember Koretz in Violation of City Rules
Knock LA – John Peltz | Published: 2/22/2022
Los Angeles Department of Water and Power Commissioner Jill Banks Barad-Hopkins sent out invitations to a fundraiser for city council member and city controller candidate Paul Koretz, which would be held in the backyard of her house. Attached was a flier with her name on it next to Koretz’s, and a payment form for contributions and tickets. She also noted Koretz’s work on labor rights, animal rights, environmental protection, and reducing homelessness. City ethics laws prohibit for city commissioners to hold fundraisers for a candidate for office. It is also a violation for city officials to ask someone else to donate, among other provisions.
Colorado – Why is Colorado Lawmaker’s Home Address in His District for an Empty Lot?
MSN – Marshall Zellinger (KUSA) | Published: 2/23/2022
Colorado House Minority Leader Hugh McKean is challenging McKean’s residency. Austin filed two complaints: one elections complaint about his residency and a campaign finance complaint about the address McKean listed on his candidate affidavit. Hein points out McKean’s voting address is an empty lot. A state law automatically registers someone to vote when they get a driver’s license or renew their license. It also automatically updates a person’s voter registration if they change their driver’s license address. “Because we have ‘motor-voter,’ [it] switched my voter registration to the [lot] where I’m building [a house],” said McKean.
Connecticut – Federal Prosecutors Unseal New Indictment Accusing Former CT Lawmaker, His Wife and Business Associates of Stealing COVID Relief and Other Funds
MSN – Edmund Mahoney (Hartford Courant) | Published: 2/16/2022
Federal prosecutors unsealed a new indictment against former Connecticut Rep. Michael DiMassa that raises the total amount of federal grant money he is accused of stealing to more than $1 million and brings new theft and conspiracy charges against his wife and two associates. DiMassa and business associate John Bernardo are accused of creating phony businesses as a vehicle to steal federal money allocated to West Haven to defray the costs associated with the coronavirus pandemic.
Florida – Confidential Records Leaked from Ex-Double-Dipping Collier Deputy Manager’s Office
newsonedirect.com – Rachel Heimann Mercader (Naples Daily News) | Published: 2/20/2022
Former Collier County Deputy Manager Sean Callahan apparently left “confidential” records relating to foreign governments behind after his firing from the county. The records, discovered in his county government office, were related to his second, secret lobbyist job with the firm Brownstein Hyatt Farber Schreck. An expert on U.S. foreign lobbyist affairs said Callahan’s client caseload was significant, adding doubt that he could have possibly fulfilled his duties for both his county and secret lobbyist role at the same time.
Hawaii – Corruption at The Hawaii Legislature Puts Campaign Donations in the Spotlight
Honolulu Civil Beat – Kevin Dayton | Published: 2/16/2022
The convictions of former Hawaii Senate Majority Leader J. Kalani English and former state Rep. Ty Cullen on charges of accepting bribes to benefit a wastewater company in the Legislature may provoke campaign finance reform in the state. In addition to illicit cash that changed hands in a restaurant men’s room and was stuffed under the floor mat of a car, there were dozens of apparently lawful campaign contributions that businessperson Milton Choy gave to English, Cullen, and other political figures in Hawaii. Some see a direct link between political donations and government contracts.
Hawaii – Honolulu Ethics Commission Rules Out Gift Disclosure for City Employees
Honolulu Civil Beat – Christina Jedra | Published: 2/16/2022
The Honolulu Ethics Commission wants the city to lower the value of gifts accepted by city employees from $200 to $25, but it is not interested in requiring gift disclosure forms. The debate comes amid increased scrutiny over ethics rules after two former Hawaii legislators pleaded guilty to thousands of dollars in bribes. Federal prosecutors brought charges of honest services wire fraud after former Senate Majority Leader J. Kalani English and ex-Rep. Ty Cullen failed to list the money on mandatory annual gift disclosures filed with the state.
Hawaii – How Honolulu’s Ex-City Attorney Went from Obscurity to a Federal Indictment
Honolulu Civil Beat – Christina Jedra | Published: 2/20/2022
Before Donna Leong became the city and county of Honolulu’s top attorney, she was the chief legal officer for the Outrigger hotel chain. In the private sector, it is not unusual for a company to part ways with an employee and pay them off to make a problem disappear quickly, according to David Carey, Outrigger’s former chief executive. Now Leong is facing a federal conspiracy charge for allegedly doing just that, striking a deal with the police chief at the time, Louis Kealoha, and paying $250,000 in public funds to cut him loose as he faced a corruption probe.
Illinois – Judge Cites ‘Common Sense,’ Legal Precedent in Denying Bid to Dismiss Counts in ComEd Bribery Probe
Yahoo News – Jason Meisner (Chicago Tribune) | Published: 2/17/2022
A federal judge denied a motion to dismiss key counts against a longtime confidant of ex-Illinois House Speaker Michael Madigan and three others charged in the ongoing Commonwealth Edison (ComEd) bribery probe, saying the charges outlined in the indictment were sufficient. U.S. District Court Judge Harry Leinenweber said it was “common sense” that the benefits the defendants allegedly intended to lavish on Madigan, which included do-nothing jobs given by ComEd to Madigan loyalists, need not be paid directly to Madigan in order for them to be considered bribes.
Illinois – The Illinois Subsidiary of AT&T Is Under Federal Criminal Investigation
WBEZ – Dave McKinney | Published: 2/17/2022
Federal prosecutors investigating alleged schemes to influence former Illinois House Speaker Michael Madigan are considering filing charges against a subsidiary of AT&T involving a 2017 consulting contract. It was reported in 2020 that AT&T had been subpoenaed by federal prosecutors amid a widening criminal probe into Madigan’s political operation. The subpoena was part of an inquiry into whether companies improperly used a stable of consultants with ties to the longtime speaker as they pushed for legislation in Springfield.
Massachusetts – The Massachusetts State House Is Now Open to the Public, Nearly Two Years into the COVID Pandemic
MassLive.com – Alison Kuznitz | Published: 2/22/2022
The Massachusetts statehouse reopened to the public for the first time in nearly two years on with little fanfare. But in a noticeable change, a small white tent was erected outside the building, in a testament to the strict COVID-19 protocols that Beacon Hill leaders implemented that far exceed what Gov. Charlie Baker is mandating statewide. Rick Branca, a lobbyist for disabled Massachusetts veterans, was the first person inside the building. He said there was a “huge learning curve” for doing his job remotely while the statehouse was shuttered for more than 700 days.
Michigan – Millions Poured into Michigan Petition Drives. Their Funding Is a Mystery.
Bridge Michigan – Yue Stella Yu | Published: 2/14/2022
A handful of groups have poured millions of dollars into Michigan’s dozen-plus ballot drives that seek major changes to election, education, health, and drug policies but are keeping their donor identities a secret. Committees working for or against citizen petition initiatives in Michigan have raised a total $10.6 million through December 2021.Of that money, $9.4 million, almost 90 percent of all contributions, comes from nonprofits such as 501(c)(4)s, including social welfare groups or associations of employees.
Missouri – Party Officials Move to Block Embattled Missouri Lawmaker from Running in 2022 Election
St. Louis Post-Dispatch – Kurt Erickson | Published: 2/23/2022
The Missouri Republican Party moved to block a sitting lawmaker from running in the 2022 election. State Rep. Patricia Derges had been seeking to run for reelection despite facing federal Medicaid fraud charges since last year. The GOP said it would not accept a required filing fee from Derges to get on the August primary ballot.
Nebraska – Female Nebraska Lawmakers Call for Change Amid Photo Probe
Yahoo News – Grant Schulte (Associated Press) | Published: 2/22/2022
Several female Nebraska lawmakers railed against the Legislature’s handling of a male state senator who resigned after admitting he took photos of a female subordinate without her consent, calling for an overhaul of their internal policies and recounting their own experiences of being groped, harassed, and belittled. The push by half a dozen female lawmakers from both parties came less than a day after Sen. Mike Groene abruptly stepped down and abandoned his campaign to be a University of Nebraska Regent. Groene said none of the images were sexual in nature and he also snapped pictures of other staffers and office visitors, including his wife.
New Mexico – Appeals Court: Cowboys for Trump is a political committee
MSN – Morgan Lee (Associated Press) | Published: 2/17/2022
A federal appeals court turned away a constitutional challenge by Cowboys for Trump and co-founder Couy Griffin to New Mexico election laws and registration requirements for political groups. The secretary of state’s office prevailed in a June 2020 arbitration decision that ordered Cowboys for Trump to register, file expenditure and contribution reports, and pay a fine of $7,800.
New Mexico – Lobbyist Accuses Dem Senator of Sexual Harassment, Calls for His Removal
NM Political Report – Andy Lyman | Published: 2/22/2022
Lobbyist Marianna Anaya issued an open letter detailing instances where she said she received unwanted sexual comments and advances from New Mexico Sen. Daniel Ivey-Soto and called for him to resign. Anaya wrote she confronted Ivey-Soto about a groping incident. She said he acknowledged the incident but stopped short of accepting responsibility. Anaya also alleged in her letter that Ivey-Soto retaliated against her by holding up a voting rights bill in the Senate Rules Committee, which he chairs. Anaya also wrote he had consulted with other women who said they had “similar, or worse interactions” with Ivey-Soto.
New York – Donald Trump and Two of His Children Must Be Deposed by New York Attorney General, Judge Rules
MSN – Shayna Jacobs and Jonathan O’Connell (Washington Post) | Published: 2/17/2022
Former President Trump and two of his adult children must give depositions in a long-running civil investigation into the family’s business practices, a ruling that means the trio could face hours of uncomfortable questioning by investigators in the near future. Attorneys for Trump, Donald Trump Jr., and Ivanka Trump tried to get subpoenas for their testimony thrown out. They accused New York Attorney General Letitia James of trying to circumvent the legal process by seeking evidence for the civil matter that she could also use to build a criminal case against the former president and his business.
New York – Prosecutors in Trump Probe Quit After New DA Seems to Abandon Plan to Seek Indictment of Former President
MSN – Shayna Jacobs and Josh Dawsey (Washington Post) | Published: 2/23/2022
The two prosecutors leading the Manhattan district attorney’s criminal investigation into former President Trump and his business resigned amid a pause in their presentation of evidence to a grand jury, throwing the future of the inquiry into doubt. The prosecutors, Carey Dunne and Mark Pomerantz, submitted their resignations after the new district attorney, Alvin Bragg, indicated to them that he had doubts about moving forward with a case against Trump, sources said. The case centers on whether Trump and his business inflated the value of their assets to secure more favorable loans, insurance, and tax rates.
North Carolina – Cawthorn Insurrection Challenge to Re-election Handed a Setback
Bloomberg Law – John Holland | Published: 2/22/2022
Lawyers and voters behind a push to label U.S. Rep. Madison Cawthorn an insurrectionist, and therefore ineligible to run for re-election, cannot intervene in his federal lawsuit seeking to have the effort ruled unconstitutional. U.S. District Court Judge Richard Myers gave Cawthorn two procedural victories in his quest to block the North Carolina State Board of Elections from investigating the voters’ complaint that Cawthorn “engaged in insurrection or rebellion.” The larger question of whether state election officials can use the 14th Amendment to keep sitting members of Congress from seeking re-election remains and may ultimately be decided by the U.S. Supreme Court.
North Carolina – NC Political Maps Are Official and Election Can Begin, After Court Rulings
MSN – Will Doran (Charlotte Observer) | Published: 2/23/2022
One of the new maps for political districts that North Carolina lawmakers drew is still too skewed to be used in upcoming elections, a state court ruled. The judges overseeing the lawsuit ruled they would accept the newly redrawn versions of maps for the state House and Senate that lawmakers passed, but not the new congressional map. The judges had a group of outside experts draw a new congressional map for the state. An analysis of the map drawn by the outside experts shows it would have more safe seats for Democratic candidates, and fewer tossup seats, than the map the Republican-led Legislature had drawn.
North Dakota – North Dakota Ethics Panel to Further Revise Conflict of Interest Rules; PSC Members Share Views
Bismarck Tribune – Jack Dura | Published: 2/23/2022
The North Dakota Ethics Commission is writing the rules for conflicts-of-interest, including for members of certain boards to disclose conflicts and campaign donations when handling “quasi-judicial” proceedings. Such boards include the Public Service Commissioners and governor-led Industrial Commission, which make decisions usually involving companies in the energy and utility industries. Both boards have their own ethics policies. Chief in the ethics panel’s discussion was the role of a “neutral decisionmaker,” or a designated person to consult for determining whether a public official should recuse themselves from a decision.
Ohio – Will Ohio Politicians Be Held in Contempt of Court for Failing to Pass District Maps?
MSN – Jessie Balmert (Columbus Dispatch) | Published: 2/23/2022
Members of the Ohio Redistricting Commission pleaded with the state Supreme Court not to punish them for failing to pass state House and Senate maps on time. Several Republicans on the commission had declared the task impossible after rejecting Democrats’ proposed maps. Commission members offered excuses to avoid being held in contempt of court, including that seven individuals could not be penalized for the panel’s collective failure to craft maps by February 17.
Oregon – Oregon Supreme Court Says No to Nick Kristof’s Governor Candidacy
OPB – Lauren Drake and Dirk VanderHart | Published: 2/17/2022
Nicholas Kristof, the former New York Times columnist who quit his job to run for Oregon governor, is officially out of the race. The Oregon Supreme Court ruled Kristof cannot legally vie for the governorship because he does not meet the state’s three-year residency requirement for the job. Kristof said the ruling ends his campaign and he will not fight the ruling any further. The decision will reshape the dynamics of the race to replace Gov. Kate Brown. In fundraising, Kristof has far outpaced the other two best-known Democratic primary candidates, former House Speaker Tina Kotek and state Treasurer Tobias Read.
Oregon – Supporters Ask Oregon Supreme Court to Overrule Secretary of State Shemia Fagan’s Decision to Kill Contribution Limit Proposals
MSN – Hillary Borrud (Portland Oregonian) | Published: 2/16/2022
Oregon is one of five states that has no limits on campaign contributions. Reformers proposed limits in three potential ballot initiatives, but Secretary of State Shemia Fagan disqualified them from appearing on the November ballot. Supporters of the limits asked the Oregon Supreme Court to reverse Fagan’s decision, which would effectively end any chance of voters weighing in on contribution limits this year. Fagan said she had to disqualify the ballot proposals due to a 2004 court ruling that initiatives must include the complete text of the law at issue.
Pennsylvania – Doug Mastriano Said He’s Barely Spent Any Money Running for Governor. How Can That Be?
MSN – Andrew Seidman (Philadelphia Inquirer) | Published: 2/21/2022
Pennsylvania Sen. Doug Mastriano built his political brand as an antiestablishment crusader – often directing his harshest criticism not toward Democrats, but at fellow Republicans in Harrisburg. Along with his support for former President Trump’s efforts to overturn the 2020 election, it has made him something of an icon among far-right activists. But Mastriano’s unusual expenditure report raises questions about his compliance with campaign finance laws. It underscores Mastriano’s challenge of harnessing the grassroots energy powering his candidacy to build a professional operation even as he shuns consultants and big donors.
Pennsylvania – Former Health Secretary Beam Takes Lobbying Job with UPMC, Raising Concern and Hope
Pennsylvania Capital Star – Stephen Caruso | Published: 2/22/2022
Former Pennsylvania Secretary of Health Alison Beam will become the University of Pittsburgh Medical Center’s (UPMC) next vice president of government affairs. Beam also served as a top staffer in the state Insurance Department. UPMC is the state’s largest private employer with vast interests, from health care policy to millions of dollars in government contracts at stake in Harrisburg. The hospital chain spent at least $474,000 lobbying lawmakers last year. Beam’s hire raised eyebrows among good government advocates, who highlighted it as a prime example of the “revolving door” between public service and the private sector.
Rhode Island – In Failed Bid to Unseat Cicilline, Republican Candidate Sought Help from Russian Intelligence
Yahoo News – Alex Kuffner (Providence Journal) | Published: 2/21/2022
H. Russell Taub, the onetime Rhode Island Republican congressional candidate who was imprisoned for defrauding political donors three years ago, illegally sought help from Russian intelligence in his failed bid to unseat U.S. Rep. David Cicilline in 2016, the FEC found. Taub violated federal campaign law “by knowingly soliciting, accepting, or receiving a prohibited in-kind foreign national contribution in the form of opposition research related to the candidate’s opponent,” the FEC concluded. Taub admitted wrongdoing as part of a settlement agreement but was excused from paying a $31,000 fine due to “financial hardship.”
South Carolina – Former Richland County Recreation Chief Guilty of Ethics Violations, Ordered to Pay Nearly $36K
Charleston Post and Courier – Stephen Fastenau | Published: 2/16/2022
A former Richland County recreation director violated South Carolina ethics law by signing off on raises to family members who worked under him and must pay fines and restitution. James Brown III Brown must pay an $8,000 fine and $25,250 in forfeited salary increases related to promotions and raises Brown approved for family members during 2012 and 2013. There also was a $2,500 administrative fee. Brown resigned as head of the Richland County Recreation Commission in 2016 amid allegations of sexual harassment and nepotism.
Tennessee – Loopholes Let Lobbyists Flood Lawmakers with Campaign Contributions Despite Prohibition
WTVF – Phil Williams | Published: 2/17/2022
Before 2006, lobbyists could give political contributions directly to Tennessee lawmakers. But since that was outlawed, some lobbyists figured out they could create a PAC, put money into that PAC, and call it a contribution not from the lobbyist, but from the PAC, and get away with essentially the same thing. Some lobbyists show up at fundraisers with checks from their clients or from PACs operated by their clients, a practice known as “bundling.”
Washington DC – A Judge Just Handed Trump a Major Loss in the DC Attorney General’s Lawsuit Over Inauguration Funds as the Case Heads to Trial
Yahoo News – Jacob Shamsian (Business Insider) | Published: 2/15/2022
A judge reinstated the Trump Organization as a defendant in a lawsuit brought by the District of Columbia attorney general over whether former President Trump misused funds for his 2017 inauguration, reversing an earlier decision and handing a loss to Trump as the case heads to trial. Attorney General Karl Racine accused the Trump Organization, the Trump International Hotel in the city, and Trump’s 2017 presidential inaugural committee, which is a tax-exempt nonprofit, of using tax-free funds to improperly pay the family’s business and members of the Trump family.
Wisconsin – Milwaukee Ald. Robert Bauman’s Critical Comments Lead to $1.4 Million Jury Verdict in Defamation Case
Yahoo News – Alison Dirr and Bruce Vielmetti (Milwaukee Journal Sentinel) | Published: 2/21/2022
Milwaukee Ald. Robert Bauman’s critical statements about a troubled housing facility in his district in 2007 have landed him on the losing end of a $1.4 million jury verdict, which if paid would be borne by city taxpayers. The jurors found Bauman made untrue statements about Tri-Corp Housing while criticizing its operation of West Samaria, a residential facility for low-income, cognitively disabled people. Tri-Corp argued Bauman, whose district included West Samaria, was liable for critical statements and press releases and for lobbying other officials to rule against the nonprofit in administrative hearings.
Wyoming – Legislation Could Ease and Restrict Voting
Wyoming Eagle Tribune – Maggie Mullins (WyoFile.com) | Published: 2/23/2022
Wyoming lawmakers put forward about a dozen election-related bills at the opening of the budget session. Five remain in play, including one that has garnered national attention, mostly for its implications on Wyoming’s congressional race. The four other bills propose changes to the handling of absentee ballots, campaign finance law, and what is required of political organizations in the state.
February 18, 2022 •
News You Can Use Digest – February 18, 2022
![News You Can Use Digest – February 18, 2022](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal Arizona GOP Rep. David Schweikert Fined $125,000 by Federal Election Commission for Repeated Campaign Finance Law Violations MSN – Bryan Metzger (Business Insider) | Published: 2/11/2022 U.S. Rep. David Schweikert agreed to pay a $125,000 fine related to repeated campaign […]
National/Federal
Arizona GOP Rep. David Schweikert Fined $125,000 by Federal Election Commission for Repeated Campaign Finance Law Violations
MSN – Bryan Metzger (Business Insider) | Published: 2/11/2022
U.S. Rep. David Schweikert agreed to pay a $125,000 fine related to repeated campaign finance violations he committed between 2010 and 2017. The FEC found Schweikert “knowingly and willfully” misreported who and for what his official funds were used and misused campaign funds for personal affairs. In July 2020, Schweikart was fined $50, 000 by the House ethics committee for the same set of violations. He admitted to 11 different violations of House rules, leading to a formal reprimand.
Biden Orders Release of Trump White House Logs to Congress
Yahoo News – Colleen Long (Associated Press) | Published: 2/16/2022
President Biden is ordering the release of White House visitor logs under Donald Trump to the House committee investigating the riot of Jan. 6, 2021, once more rejecting Trump’s claims of executive privilege. The committee has sought a trove of data from the National Archives, including presidential records that Trump had fought to keep private. The records being released to Congress are visitor logs showing appointment information for individuals who were allowed to enter the White House on the day of the insurrection.
Democrats Push a Matchmaking Service for Tech Workers and Campaigns
NBC News – Alex Seitz-Ward | Published: 2/14/2022
Political campaigns have increasingly become exercises in data management as campaigns try to identify, connect with, and track thousands of voters and volunteers, all while keeping their systems secure from hackers. But the professional networks of tech and campaigns do not often intersect, making it hard for people in either to find one another. Tech skills are some of the most in-demand, and therefore expensive, in the job market. LinkedIn co-founder and liberal donor Allen Blue created DigiDems in 2018 to try to fix that and expand the Democratic Party’s talent pool by recruiting Silicon Valley veterans.
Election Experts Sound Alarms as Costs Escalate and Funding Dwindles
MSN – Mike DeBonis and Amy Gardner (Washington Post) | Published: 2/16/2022
When a global pandemic threatened to throw the 2020 presidential election into chaos, hundreds of millions of dollars flowed to state and local election agencies to ensure they had the resources to conduct a fair and accessible election. Now that money is gone and while the pandemic has ebbed it has not disappeared, and new challenges have arisen, including rising security threats, supply-chain disruptions, and escalating costs for basic materials such as paper ballots. Election officials and voting experts are warning as the midterm elections get underway that new funding is needed to avoid significant problems in November.
Inside the Totally Legal, Fairly Macabre, Classically Political World of the True Zombie PACs
Politico – Hailey Fuchs | Published: 2/11/2022
An investigation found accounts associated with eight late politicians that still have money in the bank, some with hundreds of thousands of dollars, or debts that, according to FEC records, remain unpaid. These zombie PACs and campaign committees have been paying for such things as communications consulting, campaign contributions, car rentals, or fees for former associates. All of it is legal. The ability of the committees of dead politicians to continue paying out money highlights how donations from political supporters can find their way to entities, causes, and individuals far removed from the candidate’s election.
Jan. 6 Panel Targets Key Players in False Trump Elector Strategy
MSN – Nicholas Wu, Kyle Cheney, and Betsy Woodruff Swan (Politico) | Published: 2/15/2022
The House select committee investigating the U.S. Capitol riot targeted two state lawmakers who were instrumental in pushing Donald Trump’s effort to overturn the 2020 election, as it dives deeper on Republican efforts to send false presidential electors to Washington. The committee subpoenaed Pennsylvania Sen. Doug Mastriano and Arizona Rep. Mark Finchem. Both played key roles and earned Trump’s praise for pressing their colleagues to ratify alternate slates of electors in 2020, which would have thrown out millions of votes in their states.
‘Larry and I Will Always Be Together’: Joe Manchin’s closest political ally cashes in on senator’s rise
MSN – Theodoric Meyer and Jeff Stein (Washington Post) | Published: 2/14/2022
Larry Puccio spent nearly a decade as U.S. Sen. Manchin’s right-hand man, running his campaigns for secretary of state and governor in West Virginia and serving as chief of staff in both offices. Manchin is now the Senate’s swing vote and one of the most powerful people in Washington. A month after Democrats reclaimed the Senate, turning the ability to sway Manchin into a sought-after skill, Puccio registered for the first time as a federal lobbyist. He and a partner have lobbied the Senate almost exclusively, collecting more than $310,000 in addition to his earnings from his state-level lobbying business in West Virginia.
Opposition Research Goes Hyperlocal
New York Times – Reid Epstein | Published: 2/15/2022
Across the United States, there are tens of thousands of state, county, and local officials who will set and enforce the rules on voting, then go about counting and reporting the votes in the elections to come. To the alarm of independent experts, allies of Donald Trump have been targeting these once-anonymous offices, seeking to fill them with hard-core partisans all the way down to the level of precinct captain. Now, the Democratic organization American Bridge, known primarily for its opposition research into Republicans, launched what it says is a $10 million campaign to influence the races for election administration in a dozen key states.
Sarah Palin Loses Jury Trial in Closely Watched New York Times Libel Case
MSN – Elahe Izadi and Sarah Ellison (Washington Post) | Published: 2/15/2022
A jury concluded the New York Times did not libel Sarah Palin in a faulty 2017 editorial, echoing a decision by the judge, who a day earlier said he would dismiss her case regardless of the decision. The jury decision conformed with that of U.S. District Court Judge Jed Rakoff, who said – while the jury was still deliberating and unaware of his comments – that the former Alaska governor had not demonstrated the newspaper acted with “actual malice,” the high legal standard that public figures must demonstrate to claim libel.
Selling Trump: A profitable post-presidency like no other
Yahoo News – Shane Goldmacher and Eric Lipton (New York Times) | Published: 2/12/2022
In the year since Donald Trump left the White House, he has undertaken a wide-ranging set of moneymaking ventures, trading repeatedly on his political fame and fan base in pursuit of profit. Much as he did while in the White House, Trump has blurred the lines between his political ambitions and his business interests. Other past presidents have cashed in financially after leaving the White House. But no former president has been more determined to meld his business interests with a continuing political operation and capitalize on that for personal gain.
These Companies Stopped Campaign Donations to Election Objectors. Their Lobbyists Did Not.
MSN – Emily Birnbaum, Megan Wilson, and Hailey Fuchs (Politico) | Published: 2/15/2022
Throughout 2021, in-house government affairs staff for at least 13 companies gave personal donations to Republicans who objected to the presidential election results. The under-the-radar donations meant that even as the companies stuck to their pledges not to give to the147 Republicans who objected to certifying the election on January 6, 2021, their lobbyists ingratiated themselves with the GOP lawmakers, some of whom are expected to take leadership roles in the House if Republicans take back control in the midterm elections.
Three Hawaii Defense Contractors Charged with Illegal Donations to Sen. Susan Collins
MSN – Spencer Hsu and Emily Davies (Washington Post) | Published: 2/10/2022
Three former executives of a U.S. defense contractor in Hawaii were indicted on federal charges of making unlawful campaign contributions to U.S. Sen. Susan Collins and a PAC that supported her. Martin Kao, Clifford Chen, and Lawrence Lum Kee were formerly the chief executive, chief financial officer, and accountant, respectively, for a defense contractor prohibited under federal law from making contributions in federal elections. The company was Martin Defense Group, formerly known as Navatek, the company confirmed.
Trump’s Longtime Accountant Says His Financial Statements Cannot Be Relied Upon
MSN – Jonathan O’Connell and Shayna Jacobs (Washington Post) | Published: 2/14/2022
Former President Trump’s accounting firm informed his company that a decade’s worth of Trump’s financial statements “should no longer be relied upon” and suggested any recipient of the documents be alerted. Mazars helped Trump prepare and which have come under scrutiny recently by New York Attorney General Letitia James. She has alleged in civil filings that Trump used the statements to inflate the value of his properties misstated his personal worth in representations to lenders.
Canada
Canada – Emergency Law Invoked as Canadians Mull Identity
Yahoo News – Catherine Porter (New York Times) | Published: 2/14/2022
If the outside world is baffled by the scenes unfolding in the streets of Canada as giant trucks stake out ground in the normally placid capital of Ottawa, so are many Canadians. The chaos of recent weeks has left many wondering if Canada is witnessing the birth of a political alt-right, or if it is a pandemic-induced tantrum that, once exhausted, will leave behind a country bewildered but essentially unchanged. It could also be, some argue, that the so-called freedom convoy is not an aberration at all but a mirror to an integral part of the country.
From the States and Municipalities
Arizona – Republicans Look to Curb Lobbying Activities by Cities, Counties, School Districts
Arizona Mirror – Jeremy Duda | Published: 2/15/2022
Because cities and counties often oppose legislation they propose, Republican lawmakers are looking to ban them from hiring the contract lobbyists who fight those bills at the Arizona Capitol. On a party-line vote, the Senate Government Committee approved Senate Bill 1198, which prohibits cities, towns, counties, school districts, and other political subdivisions of the state from hiring outside lobbyists. Any organization whose membership is primarily composed of public bodies would be barred from using any of the money they get from membership dues for lobbying.
Connecticut – Top Connecticut Prosecutor to Retire, Not Face Firing, Amid Ethics Probe
Yahoo News – Dave Collins (Associated Press) | Published: 2/10/2022
Embattled Chief State’s Attorney Richard Colangelo Jr. agreed to resign amid mounting pressure over an alleged patronage hiring. Colangelo had been under fire for his decision to hire the daughter of a state budget officer from whom he was seeking raises for himself and other senior employees. U.S. Attorney Stanley Twardy Jr., hired by Connecticut Gov. Ned Lamont to investigate that decision, had released a report questioning Colangelo’s credibility.
Florida – Gov. Ron DeSantis Scrambles Florida’s Redistricting Debate, with an Eye to 2022 and Perhaps 2024 Elections
MSN – Colby Itkowitz, Lori Rozsa, and Michael Scherer (Washington Post) | Published: 2/11/2022
Florida Gov. Ron DeSantis has cast himself as the nation’s boldest conservative Republican leader, his eye on a 2022 reelection campaign and a potential presidential run two years later. It nonetheless shocked even fellow Florida Republicans when DeSantis incited a redistricting battle with his own party, roping the state’s two legislative chambers into the fray and asking the state’s highest court to pick sides. Days before the state Senate was to vote on new congressional district lines in January, DeSantis presented a dramatically more partisan map that boosted Republican seats and eliminated a district where a plurality of voters are Black.
Florida – Rep. Carlos Gimenez’s Son Arrested for Slapping Miami Commissioner in Steakhouse, Police Say
MSN – Charles Rabin, Douglas Hanks, and Linda Robertson (Miami Herald) | Published: 2/11/2022
The son of U.S. Rep. Carlos Gimenez was arrested after police say he slapped a Miami city commissioner earlier in the day at a Morton’s Steakhouse. What triggered the spat, the latest episode in the long-running soap opera of Miami politics, was not immediately clear. But the two men involved, Commissioner Alex Diaz de la Portilla and Carlos Gimenez, a lawyer and lobbyist, are members of powerful political families with ties going back more than a decade.
Florida – To Be Continued: Proposed lobbying, ethics laws to come back to city commission
Yahoo News – Jeff Burlew (Tallahassee Democrat) | Published: 2/16/2022
Recommendations from the Tallahassee Independent Ethics Board to beef up lobbying restrictions and close loopholes allowing unregistered lobbyists to operate without consequence will come back to city commissioners for more discussion during their March meeting. The recommendations include expanding the ethics board’s jurisdiction to include lobbyists appearing before the city, revising the definition of a lobbyist to clear up ambiguity, and requiring lobbyists to maintain contact logs with government officials that would become public record in three days.
Georgia – Stacey Abrams, David Perdue Call Foul on GOP Proposal to Ban Fundraising While Georgia Legislature Is in Session
MSN – Vanessa Williams (Washington Post) | Published: 2/15/2022
Both the Democrat and Republican seeking to oust Georgia Gov. Brian Kemp are calling foul on a proposal by Republican lawmakers that would prohibit fundraising while the state Legislature is in session. Lawmakers say the measure is fair given that current officeholders are prohibited from raising money during the legislative session, but Democrat Stacey Abrams and former U.S, Sen. David Perdue, who is challenging Kemp in the GOP primary, say the proposal unfairly targets their campaigns and gives Kemp an unfair advantage.
Hawaii – Bill Would Ban Hawaii Film Officials from Appearing in Films
Honolulu Civil Beat – Stewart Yerton | Published: 2/16/2022
A Hawaii lawmaker is trying to crack down on what he says was improper behavior by the Maui County film commissioner, Tracy Quinlan, who accepted a substantial part in a television movie being shot on the island, despite the commissioner’s involvement facilitating the industry. Rep. Sean Quinlan’s bill would prohibit movie and television producers, at least those getting cash incentives from the government, from hiring state and county employees “whose official capacity is related to motion picture, digital media, or film production.”
Hawaii – Ex-Hawaii Lawmakers Plead Guilty to Taking Bribes in Office
MSN – Jennifer Sinco Kellehe (Associated Press) | Published: 2/15/2022
Two former Hawaii lawmakers face 20-year prison sentences after pleading guilty to taking bribes in exchange for shaping legislation that would benefit a company involved with publicly financed cesspool conversion projects. As part of agreements to plead guilty to honest services wire fraud, former Senate Majority Leader J. Kalani English agreed to forfeit about $15,000 and Former Rep. Ty Cullen agreed to forfeit $23,000, representing the amounts of cash they received. English, who retired from his position last May, told the judge he believed the legislation he was shaping would be beneficial to state residents and the business owner.
Illinois – Senate Approves New Ethics Watchdog Over Objections of Ethics Commission Chair
Yahoo News – Andrew Adams (State Journal-Register) | Published: 2/17/2022
The Illinois Senate approved former federal judge Michael McCuskey to fill the role of legislative inspector general. Controversy has swirled the inspector general selection since the last person in the position, Carol Pope, announced her resignation citing a lack of authority to do the job. The legislative inspector general investigates allegations of corruption, sexual misconduct, and other ethical breaches among members of the General Assembly and state employees in the legislative branch. The resolution now goes to the House.
Kentucky – City Would Register Metro Council Lobbyists Under New Ordinance
WDRB – Marcus Green | Published: 2/14/2022
A proposed city ordinance would require people and organizations that lobby metro council members and other top Louisville officials to register and publicly list the issues they seek to influence. It defines a lobbyist as anyone who is “engaged” to influence decisions of city agencies or to shape nearly all aspects of legislation, from passage to defeat, through communications with elected leaders or their staffs. Councilperson Bill Hollander said the bill is not in direct response to the role developers allegedly played in influencing council member Brent Ackerson in a zoning case that is being challenged in court.
Massachusetts – Michelle Wu Has Raised Over $1 Million for Her Inaugural Festivities, Most of It from Boston’s Power Brokers
MSN – Emma Platoff (Boston Globe) | Published: 2/14/2022
Mayor Michelle Wu has raised more than $1 million for her inaugural festivities, the bulk of it from Boston’s traditional power brokers, including big business, lobbyists, and real estate developers with projects before the city. With ambitions to transform the city, Wu has made it clear she intends to be a different kind of mayor. But her inaugural fund, while more modest than her predecessor’s, places her squarely within an age-old political tradition: tapping the wealthy and powerful to fund festivities where top donors gain access to the city’s new leader.
Michigan – Michigan State Police Raid Home of Ex-Speaker Chatfield’s Top Staffers
Detroit News – Craig Mauger and Beth LeBlanc | Published: 2/15/2022
Michigan State Police troopers searched the home of former House Speaker Lee Chatfield’s top political and legislative staffers, a move one legal expert said would indicate authorities demonstrated there was probable cause a crime was committed. In January, Chatfield’s sister-in-law, Rebekah Chatfield, accused the former speaker of sexually abusing her beginning when she was 15 years old. Political accounts tied to Chatfield directed at least $900,000 in campaign and nonprofit funds to family members, legislative staff, and organizations they led for wages and consulting fees, according to a Detroit News investigation.
New Jersey – Court Halts Union County Government Project, Ruling No-Bid $123.8M Contract Violated N.J. Law
MSN – Ted Sherman (NJ Advance Media) | Published: 2/15/2022
Union County’s $123.8 million government complex that opponents claimed had illegally skirted New Jersey’s public bidding laws was halted by a state appeals court, which said the next phase of the project had to be publicly bid. Dobco, a construction and development company vying for the Union County project, filed lawsuits after the firm was passed over for consideration before the contracts were awarded. Lawyers for Dobco charged the county illegally circumvented state statutes by using their respective improvement authorities to get around New Jersey’s Local Public Contracts Law.
New Mexico – Lobbyist Money Hidden in New Mexico Politics
Capital & Main – Jerry Redfern | Published: 2/14/2022
Legislation proposed by state Sen. Jeff Steinborn would require greater disclosures from lobbyists about their expenditures, and by extension their influence on the bills that become law and those that languish. When trying to figure out whose money is backing what bill, Steinborn says the current lax lobbying laws force legislators to become detectives if they want to find out more about who is behind the bills they’re voting on. A recent ad campaign by the state’s largest oil and gas lobbying group is an inadvertent example of what is not known about money and speech in the state.
Ohio – FirstEnergy Pushed for ‘Cooperative’ Utility Regulator; DeWine Heeded Its Pick
Ohio Capital Journal – Jake Zuckerman | Published: 2/16/2022
FirstEnergy executives and two politicians who the company admitted to bribing unified behind renominating a “very cooperative” incumbent to serve on a regulatory panel. A court filing does not identify the commissioner but refers to an “incumbent” and then-current “PUCO official.” Commissioner Lawrence Friedeman was the only of five incumbents at the time who applied for a seat. He was reappointed by Gov. Mike DeWine to the Public Utilities Commission of Ohio. The apparent connection between the corruption probe and Friedeman suggests FirstEnergy played some additional role in controlling who would sit on the board that regulates it.
Ohio – For the First time, Cincinnati Council and Mayor Have a Code of Conduct They Must Abide By
WVXU – Becca Costello | Published: 2/16/2022
The Cincinnati City Council approved the first ever code of conduct for council members and their staff. The new rules are part of a series of reforms that stemmed from three council member arrests on federal corruption charges in 2020. All council members and their staff must sign a copy of the code. Future council members and staff will have to sign the document within 45 days of taking office or starting the job. Council could censure a member for violating the code of conduct with a majority vote.
Ohio – Mayor Resigns After Saying Ice-Fishing Shanties Could Lead to Prostitution
MSN – Andrea Salcedo and Hannah Knowles (Washington Post) | Published: 2/15/2022
A debate about a local ban on ice fishing took a viral turn when an Ohio mayor wondered about long-term consequences. Opening Hudson Springs Lake to ice fishing sounds good “on the surface,” Hudson Mayor Craig Shubert said at a recent council meeting, but what if people wanted to fish out of shanties? “Then that leads to another problem: prostitution,” he said. Online derision followed. So did criticism from colleagues. Hudson City Councilperson Nicole Kowalski said people were upset that Shubert “continually embarrasses our town with wild claims.” Shubert resigned on February 14.
Ohio – Shareholders, on Behalf of FirstEnergy Corp., Settle for $180 Million Over House Bill 6 Allegations
MSN – John Caniglia (Cleveland Plain Dealer) | Published: 2/10/2022
Shareholders, acting on behalf of FirstEnergy, have agreed to a $180 million settlement with a group of top officials who ran the company during the House Bill 6 scandal. The investors accused the utility’s leaders, including current and former board members and executives, in derivative lawsuits in federal court. The claims sought to make the corporation whole from what authorities called the largest bribery scheme in Ohio history. The settlement calls for FirstEnergy to adopt reforms involving its political spending and lobbying. In a key development, the company will provide greater disclosures of its political activities to shareholders.
Oklahoma – How A State Lawmaker’s Day Job Tiptoed into Lobbying
Oklahoma Watch – Jennifer Palmer | Published: 2/15/2022
Oklahoma Rep. Toni Hasenbeck voted for and often co-authored legislation expanding school choice in 2021, earning her a grade of “A+” in the grassroots lobbying group ChoiceMatters’ ranking of lawmakers. That group’s parent organization hired Hasenbeck for a paid position where she spent some of her time teaching parents how to advocate for school choice, including at the Legislature. ChoiceMatters regularly emails its members with messages to support legislation by contacting their representatives. Her work exemplifies the potential conflict-of-interest that legislators’ day jobs can have on the job voters entrust them with, experts said.
Oregon – Rejected Campaign Finance Ideas Could Have New Life in Oregon Senate Bill
OPB – Dirk VanderHart | Published: 2/10/2022
Proposed ballot measures to cap political donations in Oregon face a tough road to the ballot, after Secretary of State Shemia Fagan rejected them on procedural grounds. Now, one prominent state lawmaker says he will push his fellow legislators to put a similar proposal before voters themselves. Senate Majority Leader Rob Wagner unveiled an amendment that cobbles together elements of several now-defunct proposals from good government groups, labor unions, and advocacy organizations.
Tennessee – Special Interests Spend Estimated $60 Million Every Year to Influence Tennessee State Officials
WTVF – Phil Williams | Published: 2/14/2022
Special interests spend an estimated $60 million a year to influence state officials in Tennessee, according to a media investigation. Because entities that hire lobbyists are not required to report the exact amount they spend on lobbying activities, those dollar amounts reflect a best possible estimate. Employers of lobbyists are required to report ranges of spending. The estimates were derived by picking the mid-point of each reporting range. Former lawmaker Martin Daniel said “money buys access to legislators because those lobbyists are frequently in the Cordell Hull building” where legislative offices are located.
Texas – Texas Counties Reject Unprecedented Numbers of Mail Ballots Ahead of March 1 Primary Under Restrictive New Law
MSN – Amy Gardner (Washington Post) | Published: 2/11/2022
A restrictive new voting law in Texas has sown confusion and erected hurdles for those casting ballots in the state’s March 1 primary, with election administrators rejecting early batches of mail ballots at historic rates and voters uncertain about whether they will be able to participate. In recent days, thousands of ballots have been rejected because voters did not meet a new requirement to provide an identification number inside the return envelope. The rejection rates provide an early opportunity to assess the impact of Senate Bill 1, one of dozens of restrictive voting laws enacted by Republicans across the country last year.
Vermont – As Ethics Bill Goes Back to the Drawing Board, Advocates Grow Weary
VTDigger.org – Lola Dufort | Published: 2/15/2022
Lawmakers created Vermont’s first-ever state ethics commission in 2017 after years of public pressure from government transparency groups and the press. But for good government advocates, the resolution was inadequate. The commission had no investigative or enforcement powers and basically nothing to enforce since no single statutory code of ethics covers all three branches of government. Attempts at reform in the past five years have gone nowhere and a new attempt to make progress on the subject this legislative session is on shaky ground.
Virginia – Deputy Va. Attorney General Resigns After Revelation of Facebook Posts Praising Jan. 6 Rioters, Claiming Trump Won Election
MSN – Justin Jouvenal (Washington Post) | Published: 2/10/2022
A top deputy overseeing election issues for Virginia’s new Republican attorney general resigned after The Washington Post questioned the office about Facebook posts she had made praising January 6, 2021, rioters and falsely claiming Donald Trump won the 2020 election. Former Deputy Attorney General Monique Miles also espoused unfounded conspiracy theories about voter fraud and election interference in more than a dozen Facebook comments that spanned months.
Washington – Seattle Mayor’s Phone Was Manually Set to Delete Texts
Governing – Daniel Beekman and Lewis Kamb (Seattle Times) | Published: 2/14/2022
Former Seattle Mayor Jenny Durkan’s text messages from one of the most tumultuous periods in city history vanished because a phone setting likely was manually changed to delete texts automatically, and ex-Police Chief Carmen Best deleted her texts, a forensic analysis has found. The analysis, which tried but failed to recover the texts and investigated what happened to the public records, including messages exchanged during Seattle’s racial justice protests in the summer of 2020, indicated Durkan’s texts were set in July 2020 to delete after 30 days, and that Best’s texts were “periodically deleted.”
Wisconsin – Wisconsin Supreme Court Allows Lower Court’s Ban on the Use of Ballot Drop Boxes for April Election
Yahoo News – Patrick Marley (Milwaukee Journal Sentinel) | Published: 2/11/2022
A closely divided Wisconsin Supreme Court ruled it would allow a lower court decision to go into effect that will ban the use of ballot drop boxes for the April election. Drop boxes can still be used for primaries and it is possible the high court will change course and allow them for other elections. While a final decision is yet to come, the ruling suggests the use of ballot drop boxes could soon come to an end in Wisconsin. Drop boxes became popular during elections in 2020 as the coronavirus spread across the state.
February 11, 2022 •
News You Can Use Digest – February 11, 2022
![News You Can Use Digest – February 11, 2022](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal ‘Blue’ Suburban Moms Are Mobilizing to Counter Conservatives in Fights Over Masks, Book Bans and Diversity Education Washington Post – Annie Gowan | Published: 2/9/2022 Dozens of suburban moms from around the country dialed into an Ohio-based Zoom training session […]
National/Federal
‘Blue’ Suburban Moms Are Mobilizing to Counter Conservatives in Fights Over Masks, Book Bans and Diversity Education
Washington Post – Annie Gowan | Published: 2/9/2022
Dozens of suburban moms from around the country dialed into an Ohio-based Zoom training session with the same goal – to learn how to combat the increasingly vitriolic rhetoric from parents whose protests over mask mandates and diversity education have turned school board meeting rooms into battlegrounds. Moms for Liberty, a controversial Florida-based political action group started by two former school board members and a Republican activist, has made parental rights its rallying cry and is hoping to harness anger over mask mandates and diversity education in schools into power at the polls.
‘Dear White Staffers’: Anonymous testimonials about workplace culture grip Capitol Hill
MSN – Mariana Sotomayor (Washington Post) | Published: 2/4/2022
Concerns about low pay, hostile work environments, and racial and gender discrimination have gripped Capitol Hill as an Instagram account called “Dear White Students” has posted hundreds of testimonials from current and former aides that tell a dispiriting story about what it is like to work in the halls of Congress. The account was created in January 2020, and its first post was a meme during the Trump administration mocking how minorities are paid less than White staffers, but its profile on Capitol Hill has risen steadily since the new year.
How Manchin Used Politics to Protect His Family Coal Company
Yahoo News – Scott Waldman (Politico) | Published: 2/8/2022
As West Virginia’s governor, Joe Manchin supported a provision in a clean energy bill that was moving through the state Legislature in 2009. It classified waste coal as an alternative energy. But the mix of discarded coal and rocks is a carbon-intensive fuel. Manchin’s family business stood to benefit financially when it was reclassified as something akin to solar, wind, and hydropower. He has used his political positions to protect the fuel, and a single power plant in West Virginia that burns it, from regulations that also threatened his family business. It continues today. Only now Manchin has enormous influence over federal climate policy.
Judges Take Over Drawing Dozens of House Districts – and Throw Dems a Bone
Yahoo News – Ally Mutnick (Politico) | Published: 2/4/2022
Most states have finished their maps, but state and federal courts will direct the drawing of some 75 congressional districts in at least seven states in the coming months, marking a new phase in the process before the first 2022 primaries begin. Taken together, the court interventions have eased Democratic fears about redistricting. So far, the decisions have validated the party’s state-by-state legal strategy and offered a reprieve from several Republican gerrymandering attempts before a single election could be held under the new lines.
Manafort Lender Gets One Year in Prison for Bid to Get Trump Job
Yahoo Finance – Bob Van Voris (Bloomberg) | Published: 2/7/2022
A Chicago banker convicted of trying to trade $16 million in bank loans to former Trump campaign chief Paul Manafort for the chance at a top administration post was sentenced to a year in prison. Stephen Calk was found guilty of financial institution bribery and conspiracy over the loans. Calk had hoped then-President Trump would name him to a powerful government post, including treasury secretary, defense secretary, or ambassador to France or the United Kingdom.
National Archives Asks Justice Dept. to Investigate Trump’s Handling of White House Records
MSN – Matt Zapotosky, Jacqueline Alemany, Ashley Parker, and Josh Dawsey (Washington Post) | Published: 2/9/2022
The National Archives and Records Administration asked the Justice Department to examine Donald Trump’s handling of White House records. Officials recovered 15 boxes of materials from the former president’s Mar-a-Lago residence that were not handed back to the government as they should have been, and Trump had turned over other White House records that had been torn up. Archives officials suspected Trump possibly violated laws concerning the handling of government documents, including those that might be considered classified.
One Menacing Call After Another: Threats against lawmakers surge
Yahoo News – Catie Edmondson and Mark Walker (New York Times) | Published: 2/9/2022
The New York Times reviewed more than 75 indictments of people charged with threatening lawmakers since 2016. The flurry of cases shed light on a chilling trend: in recent years, and particularly since the beginning of Donald Trump’s presidency, a growing number of Americans have taken ideological grievance and political outrage to a new level, lodging concrete threats of violence against members of Congress. Many of threats were fueled by forces that have long dominated politics, including partisan divisions and a media landscape that stokes resentment. But they surged during Trump’s time in office and in its aftermath.
Republicans Censure Cheney, Kinzinger, Call Jan. 6 Probe Attack on ‘Legitimate Political Discourse’
Reuters – Doins Chiach | Published: 2/4/2022
The Republican Party censured U.S. Reps. Liz Cheney and Adam Kinzinger for joining Congress’ investigation of the attack on the Capitol and Donald Trump’s efforts to overturn his 2020 election defeat, calling the probe an attack on “legitimate political discourse.” Cheney and Kinzinger are the only Republicans on the House select committee. The panel is investigating who, including people in Trump’s inner circle, had any role in planning or enabling the worst assault on the Capitol since the War of 1812.
Stock Trading Ban for Lawmakers Gains Momentum on Capitol Hill
New York Times – Jonathan Weisman | Published: 2/9/2022
An effort to strictly control stock ownership by members of Congress is gathering momentum on Capitol Hill for the first time in a decade, fueled by politically vulnerable lawmakers who recognize the potency of signaling to voters that they will act on the perceived corruption in Washington. The issue of banning the ownership and trading of individual stocks by lawmakers is complex. It raises questions of just what other kinds of personal investments or economic liabilities could be perceived as conflicts of interest, and how far the prohibitions should extend.
Two House Democrats Question PR Firms on Work with Fossil Fuel Companies
Yahoo News – Zack Budrick (The Hill) | Published: 2/9/2022
U.S. Reps. Katie Porter and Raúl Grijalva sent a letter to six public relations firms, asking for details on their work with energy companies and whether they had aided them in campaigns to obscure the link between fossil fuels and climate change. The letter specifically cited a video recorded last summer by an undercover Greenpeace activist, in which Exxon lobbyist Keith McCoy tells the videographer the company “[fought] against some of the science” and used “shadow groups” to obfuscate the link.
Canada
Canada – Faith Goldy, Far-Right 2018 Toronto Mayoral Candidate, Faces Possible Prosecution Over Election Finances
Toronto Star – David Ryder | Published: 2/9/2022
Faith Goldy, a far-right pundit who has promoted white supremacy, faces possible prosecution over her 2018 Toronto mayoral campaign fundraising. The cit’’s compliance committee voted to refer findings from an audit to a provincial prosecutor. The committee was told Goldy failed to disclose more than $150,000 in campaign donations, illegally accepted contributions from non-Ontarians, mixed her personal and campaign funds, and did not co-operate with the audit.
From the States and Municipalities
Alabama – Supreme Court Stops Lower Court Order Requiring Alabama to Draw a New District Voting Map Favorable to Black Residents
MSN – Robert Barnes (Washington Post) | Published: 2/7/2022
The U.S. Supreme Court cleared the way for Alabama to use its new Republican-drawn congressional map in the 2022 elections even though a lower court said it violated the Voting Rights Act by denying a new district favorable to a Black candidate. The majority did not provide a reason for stopping the lower court’s decision. But Justices Brett Kavanaugh and Samuel Alito wrote separately to say the changes ordered by the lower court came too close to qualifying and primaries for the fall election and could create “chaos.” The case is the first for current Supreme Court justices to consider how to apply the Voting Rights Act to racial gerrymandering.
California – On Heels of Ridley-Thomas Indictment, LA County Hires Firm to Launch Sweeping Audit
Los Angeles Daily News – Ryan Carter and City News Service | Published: 2/4/2022
Los Angeles County hired the law firm Covington & Burling to conduct the audit of its contracting policies and processes and review all its major service contracts. On the heels of former Supervisor Mark Ridley-Thomas’s indictment and suspension from the city council, the Board of Supervisors voted to conduct the audit to ensure transparency in the county’s contracting procedures, which came into question following Ridley-Thomas’s indictment on federal bribery and conspiracy charges.
California – Why San Jose Mayor Sam Liccardo Is Being Sued Over Private Emails
San Jose Mercury News – Maggie Angst | Published: 2/8/2022
Five years after California Supreme Court’s ruling that texts and emails sent by public officials on their personal devices or accounts containing public business should be considered public records, San Jose Mayor Sam Liccardo and the city are being sued for violating the landmark ruling they sparked. The state Supreme Court unanimously ruled in the case City of San Jose v. Superior Court (Ted Smith) that when a public employee uses a personal account to communicate about public business, the content may be subject to disclosure.
Florida – Lawmakers Target Protests Outside Homes
WTVX – Dara Kam (News Service of Florida) | Published: 2/8/2022
A year after passing a sweeping law aimed at protests, Florida legislators are moving forward with a proposal that could criminalize demonstrations in front of or around people’s homes, including the governor’s mansion. The prohibition would apply not only to private property but extend to public parks, sidewalks. and rights-of-way. Critics say the legislation could allow law enforcement officials to arrest peaceful protesters and lead to Black and Hispanic demonstrators being targeted by police.
Georgia – Judge: Kemp can’t use leadership committee funds for primary
Yahoo News – Kate Brumback (Associated Press) | Published: 2/7/2022
A “leadership committee” created by Georgia Gov. Brian Kemp under a new state law must stop spending money to get the governor reelected during the Republican primary, a federal judge ruled. Former U.S. Sen. David Perdue, who is challenging Kemp in the primary, filed a lawsuit challenging the new law. Perdue and his campaign allege the law gives Kemp a significant and unfair fundraising and spending advantage in the primary and asked the judge to declare it unconstitutional.
Hawaii – Indictment Puts Spotlight on One of the Most Connected Men in Honolulu
Honolulu Civil Beat – Christina Jedra | Published: 2/8/2022
At various times, Max Sword had a hand in vetting the job applications of state judges, deciding how much money Hawaii legislators should make, and drawing the maps of Honolulu’s voting districts. Currently, he is on the board of the Honolulu Board of Water Supply. It was Sword’s role as chair of the Honolulu Police Commission that led to his recent indictment. He is accused of conspiring with former city Attorney Donna Leong and former Managing Director Roy Amemiya to misuse city funds to give former police chief Louis Kealoha a $250,000 retirement package.
Hawaii – Two Hawaii Lawmakers Charged in Bribery Scheme Over Cesspool Legislation
Honolulu Civil Beat – Blaze Lovell | Published: 2/8/2022
Former Hawaii Senate Majority Leader J. Kalani English and state Rep. Ty Cullen were charged by federal prosecutors with accepting bribes to support and defeat legislation on behalf of an industrial services company hoping to benefit from state cesspool regulations. Prosecutors allege English illegally accepted more than $15,000 and Cullen collected more than $23,000 in bribes. English retired at the end of the 2021 legislative session in May. Cullen was vice chairperson of the House Finance Committee, where he played a part in directing government spending on construction projects.
Iowa – Bill Would Remove ‘Swarm’ of Lobbyists from Iowa Capitol Rotunda
Globe Gazette – James Lynch | Published: 2/7/2022
A proposal to make room for “regular people” at the Iowa Capitol is getting a cool response from some of the lobbyists who would be displaced. House File 2276 would restrict lobbyists from engaging in lobbying activity in the second-floor rotunda between the House and Senate chambers. They would be permitted to be in the lobbyists’ lounges adjacent to each chamber as well as the House and Senate lounge when meeting with legislators.
Louisiana – Jeff Landry Didn’t Report $4,000+ in Travel Receipts from National Group, Despite Ethics Rules
The Advocate – Andrea Gallo | Published: 2/4/2022
Attorney General Jeff Landry failed to report he received more than $4,000 in travel reimbursements last year within the period that state public servants are required to submit such expenses to the Louisiana Board of Ethics. Tax forms show the Republican Attorneys General Association (RAGA) reimbursed Landry for three trips in 2021. RAGA’s past tax forms show they have reimbursed Landry at least $8,000 in travel expenses since 2018. Landry has never reported the reimbursements. State law requires public officials to disclose when they receive reimbursements or comped travel; they must do so within 60 days of receipt.
Michigan – Giuliani Asked Michigan Prosecutor to Give Voting Machines to Trump Team
Anchorage Daily News – Jon Swaine, Emma Brown, and Jaqueline Alemany (Washington Post) | Published: 2/9/2022
In the weeks after the 2020 election, Rudolph Giuliani and other legal advisers to then-President Trump asked a Republican prosecutor in northern Michigan to get his county’s voting machines and pass them to Trump’s team. Antrim County prosecutor James Rossiter said Giuliani and several colleagues made the request during a telephone call after the county initially misreported its election results. Legal scholars said it was unusual and inappropriate for a president’s representatives to make such a request of a local prosecutor.
Michigan – Reforms Sought on Recall Fundraising After Whitmer Raises Millions Extra
Detroit News – Beth LeBlanc | Published: 2/8/2022
Gov. Gretchen Whitmer’s ability to accept excess campaign contributions because of a recall is generating legislation in the Michigan House to reform a practice that critics have called a loophole. Under the proposal, candidates would be required to create a separate fund to hold contributions related to the recall instead of mixing the extra cash with normal political donations, among other provisions. The bill stems from Whitmer’s use last year of a recall policy to collect about $4 million in contributions above the state’s normal giving limits, which are capped for individual donors at $7,150 for a statewide candidate committee.
Montana – Judge Strikes Parts of Heavily Amended Campaign Finance Bill
MSN – Amy Beth Hanson (Associated Press) | Published: 2/4/2022
A judge ruled the Montana Legislature violated the state constitution when it changed a campaign finance bill late in the 2021 session to make it harder to register and to encourage college students to vote and to, in effect, limit donations to judicial campaigns. The judge granted a permanent injunction preventing the state from enforcing the two provisions that were added to Senate Bill 319 during a conference committee, with no public input, a day before the Legislature adjourned. Montana’s Constitution requires that bills contain a single subject. It also prevents legislators from amending laws so much that their original purpose is changed.
New York – Cannabis Company Granted Subpoenas of Hochul, Regulators
Albany Times Union – Rebekah Ward | Published: 2/10/2022
A state Supreme Court justice approved four subpoenas that MedMen, a multi-state marijuana operator, will serve on New York Gov. Kathy Hochul’s administration as it seeks documents showing any communications between the governor’s office and a rival company. The subpoenas also seek records of communications between the rival, Ascend Wellness Holdings, and state cannabis regulators, as well as additional documents pertaining to a soured deal between MedMen and Ascend. The subpoenas filed by MedMen referenced an article published in December regarding Hochul’s campaign fundraising.
New York – Ethics Groups Want Investigation of Free Help Cuomo Received
MSN – Marina Villeneuve (Associated Press) | Published: 2/7/2022
Watchdog groups say New York’s ethics commission should investigate whether former Gov. Andrew Cuomo broke the law by accepting free help from a group of former aides who worked to defend him against sexual harassment allegations. State ethics law bans public officials from accepting gifts or services worth more than $15 from lobbyists and companies that do business with the state. When Cuomo’s first accusers came forward, he turned to a team of outside advisers who provided him with strategic advice and public relations help. Several of those ex-aides worked for companies that lobby the state or have had state contracts.
New York – Ex-N.Y.C. Shelter Boss to Pay $1.2 Million After Bribery Plea
New York Times – Amy Julia Harris | Published: 2/7/2022
The former head of one of the largest operators of homeless shelters in New York City pleaded guilty to pocketing hundreds of thousands of dollars in bribes from contractors in a scheme that went on for years, as homelessness in the city grew to record numbers. Victor Rivera, founder of the Bronx Parent Housing Network, admitted to accepting kickbacks from contractors working with the organization and laundering the money through entities he controlled. As part of the plea agreement, Rivera is expected to face a prison sentence and agreed to forfeit $1.2 million.
New York – Hochul Leads Pack of Candidates Who Fail to Disclose Sources of Corporate Cash
The City – Sam Mellins (New York Focus) | Published: 2/9/2022
A media investigation revealed elected officials in New York continued to collect money from anonymous donors in violation of a 2019 law that required the disclosure of limited liability company (LLC) owners who made campaign contributions. The law is meant to prevent individuals from using LLCs as an end run around per person donation limits. Gov. Kathy Hochul was among the biggest benefactors of such money in 2021 and did not meet the disclosure requirements for a majority of the donations.
New York – ‘Space’: The bureaucratic frontier threatening the state’s new Public Campaign Finance Board
Gothamist – Brigid Bergin | Published: 2/7/2022
Kristen Zebrowski Stavisky, co-executive director of the New York State Board of Elections, testified recently about what was impeding the progress of the state’s new Public Campaign Finance Board. A top concern, according to Zebrowski Stavisky is the lack of office space. This was making it harder to bring in the personnel needed to launch the program since there is nowhere to put them. She also said their plans to acquire new offices were snared in months of bureaucratic, inter-agency delays. Despite the problems, officials insist the program will be up and running later this year.
North Carolina – North Carolina Supreme Court Rejects Redistricting Map as Unconstitutional
MSN – Meryl Kornfield, Colby Itkowitz, and Maria Luisa Paúl (Washington Post) | Published: 2/4/2022
The North Carolina Supreme Court ruled political district maps drawn by Republican lawmakers are unconstitutional and must be redrawn, a significant victory for Democrats in a state almost evenly divided politically. In a decision divided by party lines, the court found Republican lawmakers drew maps that deprived voters of their “substantially equal voting power on the basis of partisan affiliation.” The ruling is the latest in consequential redistricting wins for Democrats that could determine whether they hold on to their majority in the U.S. House amid all-out war in courtrooms over partisan gerrymandering and voting rights.
North Carolina – Voters, NC Elections Board: Madison Cawthorn candidate challenge should remain
MSN – Gary Robertson (Associated Press) | Published: 2/8/2022
A formal effort to evaluate whether U.S. Rep. Madison Cawthorn should be disqualified as a candidate because of his involvement in the rally that preceded the U.S. Capitol riot should be allowed to continue, voters and election officials in North Carolina told a federal judge. The candidate challenge says Cawthorn fails to comply with the portion of a post-Civil War amendment to the Constitution pertaining to insurrections. Cawthorn’s speech at the rally supporting then-President Trump, his other comments and information in published reports provide a “reasonable suspicion or belief” that he helped facilitate the insurrection.
Ohio – Audit: FirstEnergy improperly used ratepayer money to fund HB6 dark money efforts
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 2/4/2022
Federal regulators told FirstEnergy to refund customers after an audit found the utility did not properly track some of the $71 million it spent on lobbying for a nuclear plant bailout at the center of a corruption scheme. The Federal Energy Regulatory Commission found the lobbying expenses led FirstEnergy to improperly raise prices on customers and attempt to “conceal the nature and purpose” of the payments from the public. Like other public utilities, FirstEnergy cannot use money collected from ratepayers to fund lobbying.
Ohio – Ohio Mayor Lambasted for Saying Ice Fishing Would Lead to Prostitution: He ’embarrasses our town with wild claims’
Washington Post – Andrea Salcedo | Published: 2/10/2022
The city council in Hudson, Ohio, planned to cover several items during its recent meeting. But before it moved through their agenda, Council President Chris Foster wanted to gauge whether the council should consider a change to the rules on ice fishing on Hudson Springs Lake. He asked for members’ opinions, and most of what followed centered around safety concerns. Then, Mayor Craig Shubert stepped in, and the conversation took an unexpected turn. His issue with allowing people to ice fish on the lake was that it could lead to prostitution.
Ohio – Ohio Republicans Regroup, Postpone Congressional Map Plan After Latest Ohio Supreme Court Redistricting Rebuke
Cleveland Plain Dealer – Andrew Tobias | Published: 2/8/2022
Following their latest redistricting setback, Republican state lawmakers in Ohio are scrapping plans to introduce a new congressional map plan, deciding they are unable to get the minimal Democratic support it would require become effective in time for the May election. That means responsibility for coming up with a new plan now will go back to the Ohio Redistricting Commission. The state Supreme Court recently rejected GOP-drawn maps for Ohio’s state House and Senate districts. The court also rejected Republicans’ congressional map in January.
Oklahoma – Former Senate Leader Mike Morgan Gets Law License Back 10 Years After Bribery Conviction
Yahoo News – Nolan Clay (Oklahoman) | Published: 2/5/2022
Former Oklahoma Sen. Mike Morgan is being reinstated as a lawyer 10 years after he was convicted of accepting bribes disguised as legal fees. Morgan was convicted of accepting $12,000 to influence legislation. The state Supreme Court found Morgan had established he possesses the good moral character and fitness necessary for reinstatement. Justice Yvonne Kauger wrote the conviction “was based on some very suspect evidence.” Morgan still maintains his innocence.
Oregon – Proposed Oregon Campaign Finance Limits Could Be Upended by a Drafting Technicality
OPB – Dirk VanderHart | Published: 2/9/2022
Last year, it looked like Oregonians might have options for how to limit campaign contributions. Reformers filed six proposals to curb political giving, raising the possibility that dueling measures could compete for voter approval in the 2022 election. Now all but one of those proposals might be dead, at least in their current forms. Secretary of State Shemia Fagan said three measures do not meet a technical requirement of the state constitution. Two alternative campaign finance proposals contain the same problem, supporters concede, meaning they would likely be rejected if they choose to move forward.
Rhode Island – Mattiello Is Latest Former R.I. Lawmaker to Line Up Lucrative Lobbying Clients
MSN – Edward Fitzpatrick (Boston Globe) | Published: 2/7/2022
Former Rhode Island House Speaker Nicholas Mattiello is the latest former state lawmaker to line up a lucrative statehouse lobbying gig, trying to exert influence over his former colleagues. It is clear why big companies and major organizations would want to hire former legislators to lobby on their behalf, said John Marion, executive director of Common Cause Rhode Island. But there is a downside for others who lack that access, he said: “Moneyed interests get the upper hand over the public interest because they can afford to pay former legislators.”
South Carolina – Jury Awards $50M to Bluffton Mayor in Defamation Suit Against Longtime Local Critic
MSN – Sam Ogozalek (The Island Packet) | Published: 2/3/2022
A awarded a total of $50 million in damages to the mayor of Bluffton, South Carolina, in a defamation case against a longtime government critic. Skip Hoagland must pay $40 million in actual damages to Bluffton Mayor Lisa Sulka, who had filed a libel lawsuit against him in 2017, along with $10 million in punitive damages. Sulka filed the lawsuit against Hoagland over emails he sent to several people including the state attorney general. The mayor claimed there were defamatory statements in the messages, such as accusations she committed a crime and was unfit for office.
South Dakota – South Dakota Ethics Board Wants Response from Noem by April
MSN – Stephen Groves (Associated Press) | Published: 2/3/2022
The Government Accountability Board set an April deadline for South Dakota Gov. Kristi Noem to respond to a pair of ethics complaints from the state’s attorney general, signaling it believes the complaints might have merit. Attorney General Jason Ravnsborg asked the board to consider two issues. One is whether Noem’s use of state airplanes broke the law, and the other is whether she improperly interfered with a state agency that was evaluating her daughter’s application for a real estate appraiser license. Noem has insisted she has done nothing wrong.
Virginia – Youngkin Campaign Attacks High School Student on Twitter
MSN – Laura Vozzella (Washington Post) | Published: 2/6/2022
Virginia Gov. Glenn Youngkin distanced himself from a tweet mocking a teenager that went out on his campaign account, calling it “unauthorized.” It lashed out at a high school student as well as former Gov. Ralph Northam, tweeting out the teen’s name and photograph after the boy shared a news story about part of the Executive Mansion. Ethan Lynne retweeted a report from public radio station VPM suggesting Youngkin might be scrapping efforts to highlight the history of enslaved people at the mansion. The report contained an error, which Lynne noted on Twitter hours later, when VPM issued a correction.
Wisconsin – Ex-Justice’s Wisconsin Election Probe Drags as Critics Scoff
ABC News – Scott Bauer (Associated Press) | Published: 2/7/2022
Joe Biden’s narrow 2020 victory in Wisconsin has withstood recounts, lawsuits, and multiple reviews. There is no evidence of widespread fraud. But former Wisconsin Supreme Court Justice Michael Gableman is continuing his probe of the election. In his seven-month inquiry, Gableman has been sued over his response to open records requests and subpoenas and countersued. He has been criticized for scant expense records, ridiculed for sending confusing emails, making rudimentary errors in his filings, and called out for meeting with conspiracy theorists.
February 4, 2022 •
News You Can Use Digest – February 4, 2022
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National/Federal Campaigning to Oversee Elections, While Denying the Last One Yahoo News – Jennifer Medina, Nick Corasaniti, and Reid Epstein (New York Times) | Published: 1/30/2022 Nearly two dozen Republicans who have publicly questioned or disputed the results of the 2020 […]
National/Federal
Campaigning to Oversee Elections, While Denying the Last One
Yahoo News – Jennifer Medina, Nick Corasaniti, and Reid Epstein (New York Times) | Published: 1/30/2022
Nearly two dozen Republicans who have publicly questioned or disputed the results of the 2020 election are running for secretary of state across the country, in some cases after being directly encouraged by allies of former President Trump. Their candidacies are alarming watchdog groups, Democrats, and some fellow Republicans, who worry these Trump supporters, if elected to posts that exist largely to safeguard and administer the democratic process, would weaponize those offices to undermine it – whether by subverting an election outright or by sowing doubts about any local, state. or federal elections their party loses.
Critics Say Ginni Thomas’s Activism Is a Supreme Court Conflict. Under Court Rules, Only Her Husband Can Decide If That’s True.
MSN – Michael Kranish (Washington Post) | Published: 1/31/2022
Ginni Thomas has long been one of the nation’s most outspoken conservatives. During her husband’s time on the U.S. Supreme Court, she has run organizations designed to activate right-wing networks and worked for Republicans in Congress. She also worked closely with the Trump administration and has come under fire over messages praising January 6 crowds before the attack on the Capitol. In a number of instances, her activism has overlapped with cases that have been decided by Justice Clarence Thomas. Each justice can decide whether to recuse, and there is no way to appeal a Supreme Court member’s failure to do so.
Democrats Decried Dark Money. Then They Won with It in 2020.
New York Times – Kenneth Vogel and Shane Goldmacher | Published: 1/29/2022
Democrats have complained – with indignation, frustration, and envy – that Republicans and their allies were spending hundreds of millions of difficult-to-trace dollars to influence politics. “Dark money” became a dirty word, as the left warned of the threat of corruption posed by corporations and billionaires that were spending unlimited sums through loosely regulated nonprofits, which did not disclose their donors’ identities. Then came the 2020 election. Spurred by opposition to then-President Trump, donors and operatives allied with the Democratic Party embraced “dark money,” by some measures surpassing Republicans in 2020 spending.
Democrats’ Election Reform Bill Failed in the Senate. What’s Next for Campaign Finance Reform?
OpenSecrets.org – Jimmy Cloutier | Published: 1/27/2022
The fate of campaign finance reform is once again in limbo after Senate Republicans quashed Democrats’ most recent election legislation. The GOP filibustered the Freedom to Vote: John R. Lewis Act. A measure to then pass the bill with a simple majority was blocked by U.S. Sens. Kyrsten Sinema and Joe Manchin. Democrats are shifting to other legislative priorities, like finding a replacement for retiring U.S. Supreme Court Justice Stephen Breyer. What this means for campaign finance reform, and the role of money-in-politics more broadly, is largely unclear.
Dems Avert Total Redistricting Doomsday – but They’re Not Out of the Woods
Yahoo News – Sarah Ferris and Ally Mutnick (Politico) | Published: 2/2/2022
The House Democrats’ campaign chief believes his party has at least avoided a redistricting doomsday that would have automatically handed the GOP control of the chamber in January. Republicans still hold an indisputable advantage going into the midterms. But Democrats have seized this year’s redistricting battle with an unexpected ruthlessness, carving out more blue territory than most had expected even just a few months ago, and netting key wins in the courts.
GOP Sen. Ben Sasse Re-Introduces Bill to Ban Lawmakers from Trading Stocks and Becoming Paid Lobbyists After Retiring
MSN – Bryan Metzger (Business Insider) | Published: 2/2/2022
U.S. Sen. Ben Sasse is re-introducing a sweeping ethics reform package that includes banning members of Congress from trading individual stocks and ban lawmakers from acting as paid lobbyists after leaving Congress. It would also require the president and vice president to publicly disclose their tax returns. In contrast to Sasse’s previous set of proposals, the bill would also prohibit foreign nationals from contributing to ballot measure campaigns.
Jan. 6 Investigators Subpoena 14 in Probe of False Pro-Trump Electors
MSN – Nicholas Wu, Betsy Woodruff Swan, and Kyle Cheney (Politico) | Published: 1/28/2022
The January 6 select committee subpoenaed central players in the Republican effort to submit illegitimate presidential electors in 2020, a push that became a key component of Donald Trump’s attempt to overturn his defeat. The panel investigating the Capitol riot is seeking documents and testimony from two pro-Trump electors each from seven battleground states, all won by Joe Biden, in which Republicans sought to deliver their own slate of electors to Congress.
Memo Circulated Among Trump Allies Advocated Using NSA Data in Attempt to Prove Stolen Election
MSN – Josh Dawsey, Rosalind Helderman, Emma Brown, and Jacqueline Alemany (Washington Post) | Published: 2/3/2022
A memorandum proposed that President Trump should invoke the powers of the National Security Agency and Defense Department to sift through raw electronic communications in an attempt to show foreign powers intervened in the 2020 election to help Joe Biden win. The proposal in some ways mirrors other radical ideas that extremists who denied Biden’s victory were working to sell to Trump between the election and the siege of the U.S. Capitol. But the proposal to seize and analyze “NSA unprocessed raw signals data” raises legal and ethical concerns and distinguishes the memo from other attempts.
Sen. Ben Ray Luján’s Stroke Shows the Fragility of Democrats’ Senate Majority
MSN – Mike DeBonis (Washington Post) | Published: 2/2/2022
For months, Senate Democrats have quietly pondered an improbable but not unthinkable scenario, that their razor-thin majority, secured only by the tiebreaking vote of Vice President Harris, could be suddenly upended by the absence, incapacitation, or death of a single senator. That scenario became reality, with an unexpected twist. In a caucus with 16 senators over 70, including several with documented health issues, it was one of the youngest Democrats, Sen. Ben Ray Luján, who suffered a stroke, leaving the Senate agenda in flux and Democrats pondering the fragility of their governing majority.
Some Records Sent to Jan. 6 Committee Were Torn Up, Taped Back Together – Mirroring a Trump Habit
MSN – Jacqueline Alemany, Josh Dawsey, Amy Gardner, and Tom Hamburger (Washington Post) | Published: 1/31/2022
When the National Archives and Records Administration handed over a trove of documents to the House select committee investigating the January 6 insurrection, some of the Trump White House records had been ripped up and then taped back together. Former President Trump was known for his potentially unlawful habit of tearing presidential records into shreds and tossing them on the floor. The Presidential Records Act requires the preservation of memos, letters, notes, and other written communications related to a president’s official duties, but Trump’s shredding practices apparently continued well into the latter stages of his presidency.
States Moving Fast After Congress Failed to Expand Felon Voting Rights
Yahoo News – Zach Montellaro (Politico) | Published: 2/2/2022
Activists are pushing for new state laws that would more quickly and uniformly restore the voting rights of those convicted of felonies, a movement that has found significant success in recent years. Despite state victories, federal action has been elusive. After a January stumble in Washington, 2022 will determine whether the movement still has momentum as it faces key tests in New Mexico, Virginia, and elsewhere. How successful the re-enfranchisement movement is could affect the makeup of the electorate in the midterms and beyond.
Trump Had Role in Weighing Proposals to Seize Voting Machines
Yahoo News – Alan Feuer, Maggie Haberman, Michael Schmidt, and Luke Broadwater (New York Times) | Published: 1/31/2022
Former President Trump was more directly involved than previously known in exploring proposals to use his national security agencies to seize voting machines as he grasped unsuccessfully for evidence of fraud that would help him reverse the 2020 election. The new accounts provide insight into how the former president considered and to some degree pushed the plans, which would have taken the country into uncharted territory by using federal authority to seize control of the voting systems run by states on baseless grounds of widespread voting fraud.
Trump’s Latest Claim That Election Could Have Been ‘Overturned’ Looms Over Electoral Count Debate in Congress
MSN – Mike DeBonis (Washington Post) | Published: 2/1/2022
New statements from former President Trump insisting his vice president, Mike Pence, could have “overturned” the 2020 presidential election have jolted a congressional debate over changing the federal law under which Trump and his allies sought to reverse Joe Biden’s victory. A bipartisan group of senators has met to discuss revisions to the 1887 Electoral Count Act, which governs the congressional certification for the election of the president and vice president. Lawmakers of both parties sought to keep the discussions on track even as questions arose about whether Republicans would agree to buck the former president and revise the law.
Canada
Canada – Critics Call for New Rules for Online Fundraisers After Protest Convoy Takes Anonymous Donations
CBC – Elizabeth Thompson | Published: 1/28/2022
Critics are calling on the federal government in Canada to introduce new rules for online fundraising campaigns after a fundraiser for a protest in Ottawa against vaccine mandates raised millions of dollars, in part from anonymous donors and people using fictitious names. Green Party parliamentary leader Elizabeth May said the GoFundMe fundraiser for the protest convoy raises concerns about whether such campaigns could be used by big businesses or foreign actors to circumvent Canada’s political financing rules.
From the States and Municipalities
Alaska – Alaska House Coalition Will Seek to Remove Rep. David Eastman from Legislative Committees Over His Oath Keepers Membership
Yahoo News – James Brooks (Anchorage Daily News) | Published: 2/1/2022
The Alaska House took a first step toward removing Rep. David Eastman from legislative committees. The move came in response to Eastman’s membership in the Oath Keepers, a far-right paramilitary organization whose leaders have been charged with seditious conspiracy during the January 6, 2021, attack on the U.S. Capitol by supporters of former President Trump. Eastman has not been accused of a crime and has denounced the charges as politically motivated. He said he will continue to associate with the group as long as it will have him.
Alaska – Without Action from Lawmakers, Triple the Cash Can Flow into Alaska Campaigns This Year
Yahoo News – Nathaniel Herz and Iris Samuels (Anchorage Daily News) | Published: 1/30/2022
Candidates in Alaska’s local and state-level elections this year will be able to collect campaign contributions triple the amount allowed in past races, but uncertainty about the rules means those limits could be raised, lowered, or even eliminated before Election Day. State lawmakers and campaign finance regulators are still processing a court ruling that threw out Alaska’s $500-per-person, per-year limit on donations to candidates. For now, the Alaska Public Offices Commission has raised those limits to $1,500 and to $3,000 for political groups, up from $1,000.
Arizona – Election Workers Could Be Charged with Crimes for Making Mistakes Under GOP Bills
Arizona Mirror – Jeremy Duda | Published: 1/31/2022
An Arizona Senate committee approved bills that would punish election workers who misplace ballots and penalize contractors who do not meet the terms of their contracts. Senate Bill 1055 states that a contractor who provides election-related services to the state or a county “and that fails to perform its obligations under the terms of the contract” is liable for damages equal to the value of the contract and could face criminal charges. The committee also approved a bill that says any ballots that are not included in election officials’ tallies because they were misplaced cannot be counted, and anyone who misplaces a ballot is guilty of a misdemeanor.
Colorado – Colorado School Board Races Are Big-Money Affairs. A New Bill Wants to Reign in Donors with Campaign Finance Limits.
Chalkbeat Colorado – Sandra Fish (Colorado Sun) and Erica Meltzer | Published: 2/1/2022
In the aftermath of big money school board elections around the state, Colorado lawmakers are seeking to cap for the first time how much donors can give to candidates in those races. But a bill that passed a House panel will not affect spending by independent committees that play a significant role in some contests. The bill would limit individual donations in school board races to $2,500 and contributions by small donor committees to $25,000 per candidate. School board candidates are among the few elected offices in Colorado without limits on campaign contributions, and the caps proposed in the bill are higher than those for many other offices.
Connecticut – Investigation: Murky ethics issues surround state official firing
CTNewsJunkie.com – Lisa Backus | Published: 2/2/2022
Several officials at the Connecticut Division of Criminal Justice told Chief State’s Attorney Richard Colangelo Jr. not to hire the daughter of Kostas Diamantis, the deputy secretary of the Office of Policy and Management, to avoid any appearance of a conflict-of-interest, according to an investigation by former U.S. Attorney Stanley Twardy. But Colangelo moved forward with hiring Anastasia Diamantis even as he continued to press her father for raises for himself and his employees. Gov. Ned Lamont turned over the findings to the Office of State Ethics and Justice Andrew McDonald, chair of the Connecticut Criminal Justice Commission.
Florida – Collier County Deputy Manager Fired for Not Disclosing Work for Lobbying Firm
WBBH – Lydia Nusbaum | Published: 1/27/2022
The Collier County manager fired former Deputy Manager Sean Callahan after learning Callahan did not disclose that he worked a second job, as he was required to do by law. Brownstein Hyatt Farber Schreck announced on March 3, 2021, that Callahan had become a senior policy advisor for the firm. Records show Callahan as a lobbyist with a list of clients within the past several months.
Florida – Florida Education Employee’s Spending Spree Wasn’t Authorized
Miami Herald – Ana Ceballos | Published: 1/28/2022
A Broward County Public Schools employee inappropriately used more than $90,000 in taxpayer money to buy computer equipment and gift cards for himself and colleagues while helping to manage a computer science training project for the Florida Department of Education. Justin Feller resigned his state government job last August while the department’s investigation was ongoing. The Department of Education referred the matter to the Florida Commission on Ethics for possible sanctions.
Florida – Florida’s Absentee Ballot Restrictions Under Court Review
Bloomberg Government – Jennifer Kay | Published: 1/31/2022
A federal court is examining whether elderly, disabled, and other voters are improperly burdened by a new voting law in Florida, where casting ballots by mail has broad support. The law limiting access to absentee ballot drop boxes, as well as restrictions on approaching voters lined up to cast their ballots in person, was enacted in response to unsubstantiated claims about widespread fraud in the 2020 general election. Restricting the hours that ballot drop boxes are available and requiring them to be monitored in person creates a “gatekeeper” that will deter voters, said Cecile Scoon, president of the League of Women Voters of Florida.
Florida – Responding to Dark Money Controversy, NextEra Did Internal Investigation into FPL
MSN – Mary Ellen Klas (Miami Herald) | Published: 1/27/2022
Recent revelations about Florida Power & Light’s (FPL) involvement in a “dark money” scheme to siphon votes away from state Senate Democratic candidates prompted its parent company, NextEra Energy, to conduct an internal investigation. FPL’s relationship with two nonprofit political committees has come under recent scrutiny as part of a criminal investigation by the Miami-Dade County state attorney into a ghost candidate scandal. The committees were set up by political consultants working for FPL, and with the consultation of FPL Chief Executive Officer Eric Silagy, according to media reporting.
Florida – Tallahassee Commissioners Side with City Attorney, Deny Ethics Board Expansion
Florida Politics – Tristian Wood | Published: 1/27/2022
The Tallahassee City Commission voted to side with the city attorney against a legal interpretation that would have expanded the reach of the city’s independent ethics board. A member of the ethics board requested a legal opinion on whether the panel’s jurisdiction expands to board members and employees of the City of Tallahassee Community Redevelopment Agency (CRA) and the Blueprint Intergovernmental Agency. Commissioners agreed with City Attorney Cassandra Jackson, who argued the CRA and Blueprint fall under the jurisdiction of the state ethics commission.
Georgia – Federal Judge to Rule on Governor’s Uncapped Fundraising War Chest
Albany Times Herald – Ross Wiliams (Georgia Recorder) | Published: 2/1/2022
Lawyers for Georgia gubernatorial candidate David Perdue and Gov. Brian Kemp sparred in court over a new state law that allows certain top elected officials to create leadership committees that can raise campaign funds without limits, even when the Legislature is in session. Legislators banned fundraising during the annual session more than 30 years ago, citing a need to root out corruption or the appearance of corruption. Democrats argued the law is an attempt to circumvent that long-standing rule to benefit incumbents. Supporters say the law promotes transparency because it requires disclosure for large donations.
Louisiana – For Louisiana Lawmakers, Political Redistricting Comes with Campaign Fundraising
Yahoo News – Julie O’Donoghue (Louisiana Illuminator) | Published: 2/2/2022
As Louisiana lawmakers gather in Baton Rouge for a special legislative session to draw new voting district maps, several will also be raising money for their campaigns. Legislators are generally prohibited from holding fundraisers or accepting campaign donations during regular sessions, but that ban does not apply during special sessions. How much money is raised at these fundraisers and what individuals and businesses donate will not be made public until next year.
Michigan – Lee Chatfield Raised Millions, Traveled Often. Michigan Law Kept Much Secret
Bridge Michigan – Simon Schuster (Michigan Campaign Finance Network) and Sergio Martínez-Beltrán | Published: 1/25/2022
In the last few weeks, following allegations from former Michigan House Speaker Lee Chatfield’s sister-in-law of sexual abuse, new revelations have emerged from former colleagues that he had extravagant taste and traveled so frequently he sometimes canceled House votes to catch planes. Records show one nonprofit tied to Chatfield, the Peninsula Fund, spent nearly $500,000 dollars on travel and food in 2020 alone, but IRS rules do not require it to disclose donors or explain how the money was spent. Michigan’s disclosure requirements for elected officials make it impossible to know many details about Chatfield’s travels, expenses, or donors.
Michigan – Trump Donations to Michigan Candidates Exceeded Legal Limits
MLive.com – Malachi Barrett | Published: 2/2/2022
Three-quarters of the money former President Trump funneled from his political committee to Michigan candidates exceeded legal limits for donations in the state. Save America PAC donated $45,000 to nine Republican candidates running for state offices. Candidates will likely have to refund excess contributions to the PAC to comply with Michigan law. One check was sent to the wrong account. A $5,000 donation went to an inactive committee Mike Detmer created to run for state House in 2020 instead of his current committee for Michigan’s 31st Senate District.
Missouri – Former Lake Ozark Lawmaker’s Attempt to Overturn Missouri’s Revolving Door Ban Rejected by Judge
Yahoo News – Galen Bacharier (Springfield News-Leader) | Published: 1/31/2022
A federal judge ruled Missouri’s two-year ban on lawmakers becoming lobbyists after leaving office would not be overturned, rejecting an argument by former state Rep. Rocky Miller that the law violated his freedom of speech. U.S. District Court Judge Douglas Harpool said Miller “conflates his right to speak and petition with his desire to receive compensation for doing so” and Miller’s “speech is not directly burdened” by the law.
New Jersey – Hoboken Councilwoman Sues City Over New Campaign Finance Law
Newark Star-Ledger – Ron Zeitlinger (Jersey Journal) | Published: 2/2/2022
Hoboken City Councilperson Tiffanie Fisher filed a lawsuit against the city to strike down the campaign finance law she says was illegally approved in December. The ordinance removes the $500 limit on campaign contributions from unions to candidates for elected office in the city and follow the state guideline of $7,200 per candidate. Fisher argued the ordinance was amended so significantly prior to the second reading and final vote that the amended version should have gone back for a new first reading.
New Jersey – New Jersey Grand Jury Investigated PACs, Nonprofits Caddle Operated
MSN – Matt Friedman (Politico) | Published: 1/31/2022
New Jersey prosecutors investigated several super PACs and nonprofits run by Sean Caddle, the political consultant who has admitted hiring two men to kill an associate and empaneled a state grand jury that issued related subpoenas to government entities. Some of those groups appeared designed to hide the source of money they channeled into local races around the state. The investigation focused in part on the Elizabeth Board of Education, a major source of political patronage, sources said.
New York – As Hochul Smashed Fundraising Record, Donors Enjoyed Access
Albany Times Union – Chris Bragg and Rebekah Ward | Published: 1/28/2022
As New York Gov. Kathy Hochul raised nearly $22 million since her inauguration in August, donors have not always gotten the results they sought. But with enough cash to hire a lobbyist and attend a high-dollar fundraiser, many interest groups enjoyed the opportunity to directly speak to state government’s most powerful person. Hochul’s unprecedented numbers relied partly on aggressive tactics employed by her team, such as setting a $250,000 fundraising minimum to secure her attendance at major lobbying firm events. She is also said to navigate follow up personally with some donors and attendees, a longstanding practice in New York.
New York – Cannabis Company Seeks to Subpoena Hochul’s Office
Albany Times Union – Chris Bragg | Published: 2/1/2022
The cannabis company MedMen Enterprises filed a notice in state Supreme Court that it intends to subpoena records from New York Gov. Kathy Hochul concerning any communications she or officials with her office and campaign had with another firm, Ascend Wellness Holdings, that donated at least $15,000 to the governor. The Albany Times Union published a story concerning Hochul’s record-breaking $22 million in campaign fundraising, including details about the conflict between Ascend and MedMen.
New York – Mayor Adams Granted Waiver to Hire His Brother At $1 Yearly Salary
Gothamist – Brigid Bergin | Published: 1/27/2022
Bernard Adams, the brother of New York City Mayor Eric Adams, was granted a waiver by the Conflicts of Interest Board to serve as senior advisor for mayoral security for the nominal salary of one dollar a year, allowing him to become an official city employee. City Hall walked back its initial plan to pay Adams’ brother a $210,000 salary but instead sought a waiver for him to play an uncompensated role in the administration, in keeping with the precedents set by previous administrations.
Ohio – Ohio Ethics Commission Seeks Harsher Penalties for Giving Unlawful Gifts to Lawmakers
WOUB – Jo Ingles (Statehouse News Bureau) | Published: 1/27/2022
The Ohio Ethics Commission is asking state lawmakers to beef up penalties for people convicted of illegally giving money or gifts to legislators or public agency leaders. The allowable amount a donor can give a lawmaker or other leader is between $75 to $500 per year depending on who is getting the gift and how it is given. Exceeding that amount is a misdemeanor.
Oklahoma – Oklahoma Budget Process Can Be Mysterious, Even for Many Lawmakers
Yahoo News – Ben Felder (The Oklahoman) | Published: 2/3/2022
Oklahoma’s multi-billion-dollar budget is the pinnacle legislative action each spring that sets the course for how much money state agencies have to spend, impacting everything from the resources available in classrooms to the number of state troopers patrolling the highway. But the process it takes to complete is largely conducted in secret, negotiated among a few lawmakers and high-ranking government officials before the rest of the Legislature has a few days to approve.
Pennsylvania – A Pennsylvania Court Overturned the State’s Mail Voting Law, but an Appeal Means It’s Still in Place
MSN – Jonathan Lai and Andrew Seidman (Philadelphia Inquirer) | Published: 1/28/2022
A Pennsylvania court struck down the state’s mail voting law, saying the state constitution requires voters to cast ballots in person unless they meet specific requirements. That almost certainly will not be the final word on the matter, as the state quickly appealed to the Pennsylvania Supreme Court, triggering an automatic stay of the decision, and leaving the law in place while the high court considers the case. Democrats believe the Supreme Court, which has a Democratic majority, will uphold the law.
Pennsylvania – Councilman Derek Green Is Proposing Philly’s Biggest Ethics and Elections Reforms in Years. Here’s What’s in It.
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 1/28/2022
City Councilmember Derek Green introduced Philadelphia’s most ambitious ethics and election reform package in years. Green’s plan comes in the wake of the conviction of former council member Bobby Henon, who resigned after a jury found him guilty on federal corruption charges. Only one of the planks, a proposal to clarify conflict-of-interest rules and increase disclosures by council members who make money from side jobs, directly relates to the scandal. Other components include making the Office of the Inspector General a permanent and independent agency and establishing a system for public financing of city elections.
Pennsylvania – Former Pa. Treasurer Barbara Hafer’s PAC Collected $2.3 Million from Investments, Paid Daughter $500K Since She Left Office
Lancaster Online – Sam Janesch (The Caucus) | Published: 1/27/2022
Barbara Hafer, who was elected four times to statewide office in Pennsylvania, was never again on a ballot after leaving the state treasurer’s office in 2005. Her 2017 guilty plea on charges she lied during a corruption case has barred her from holding public office in the state again. But for nearly two decades, Hafer’s PAC has remained open and thrived. Since she left office, Hafer’s committee has collected $2.3 million – not from donors, but from investments she made with her donors’ money. What it is being used for is a troubling practice benefitting Hafer’s daughter, according to a review of the committee’s reports and interviews with campaign finance experts.
Tennessee – Tennessee Senate Expels Sen. Katrina Robinson from Legislature, a First for the Chamber Since at Least the Civil War
MSN – Melissa Brown (Memphis Commercial Appeal) | Published: 2/2/2022
For the first time since at least the Civil War, the Tennessee Senate voted to expel a senator, stripping Sen. Katrina Robinson of her elected position following her federal conviction on federal wire fraud charges. Robinson previously said prosecutors unfairly targeted and pursued her on trumped up charges, which are unrelated to her role in the General Assembly. Sen. Ferrell Haile defended the Senate’s process, noting Robinson served through multiple regular and special sessions while her case moved through the courts.
Virginia – Tim Anderson Is Writing Bills That Might Profit His Business. In Virginia, That’s Allowed.
Virginian-Pilot – Ryan McKinnon | Published: 2/1/2022
Virginia Del. Tim Anderson, who owns a gun shop, filed four bills that could ease regulations on gun shops or make it easier for people to buy guns throughout the state. That may seem to be a conflict-of-interest, but Virginia’s ethics rules allow lawmakers to write bills that affect their industry. As long as Anderson’s proposals impact all gun shops in the commonwealth and not just his own, he is in line with the spirit of a citizen Legislature, ethics experts said. He is also not alone; politicians on both sides of the aisle in Virginia write bills that affect their professions.
Virginia – Va. Senators Reject Proposals to Cut Off Campaign Cash from Dominion Energy
Daily Progress – Patrick Wilson (Richmond Times Dispatch) | Published: 2/2/2022
Virginia lawmakers voted down proposals that would have ended Dominion Energy’s ability to give massive sums of campaign money to the lawmakers who regulate it. Bills to scale back the utility’s political influence in Richmond are not new, but they took on new life this year after Dominion upset conservatives during last year’s race for governor by pumping more than $250,000 into a PAC that attacked Republican nominee Glenn Youngkin, now governor. But Dominion’s allies in the Capitol remain numerous, and lawmakers have opposed any attempts to limit their campaign donations.
January 28, 2022 •
News You Can Use Digest – January 28, 2022
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National/Federal As Giuliani Coordinated Plan for Trump Electoral Votes in States Biden Won, Some Electors Balked MSN – Beth Reinhard, Amy Gardner, Josh Dawsey, Emma Brown, and Rosalind Helderman (Washington Post) | Published: 1/20/2022 On December 14, 2020, the day of […]
National/Federal
As Giuliani Coordinated Plan for Trump Electoral Votes in States Biden Won, Some Electors Balked
MSN – Beth Reinhard, Amy Gardner, Josh Dawsey, Emma Brown, and Rosalind Helderman (Washington Post) | Published: 1/20/2022
On December 14, 2020, the day of the electoral college vote, Republican electors convened in the capitals of five states that Joe Biden had won. They declared themselves “duly elected and qualified” and sent signed certificates to Washington, D.C. purporting to affirm Donald Trump as the victor. Understanding the origins of the rival slates has now become a focus of the House committee investigating the insurrection. Two Democratic attorneys general have asked federal prosecutors investigate whether crimes were committed in assembling or submitting the slates.
Biden Nominates Former Stacey Abrams Lawyer for Campaign Finance Watchdog
MSN – Zach Montellaro (Politico) | Published: 1/21/2022
President Joe Biden is nominating a new commissioner to the FEC. The White House announced Biden was putting forward Dara Lindenbaum, a campaign finance attorney, to join the six-member board governing the agency. Lindenbaum was general counsel to Stacey Abrams’ 2018 Georgia gubernatorial run and deputy general counsel for former Maryland Gov. Martin O’Malley’s 2016 presidential bid.
Black and Latino Voters Have Been Shortchanged in Redistricting, Advocates and Some Judges Say
MSN – Colby Itkowitz and Harry Stevens (Washington Post) | Published: 1/25/2022
Advocates for voting rights say redistricting map drawers have manipulated the process mostly at the expense of minorities. Across the country, the White population has shrunk over the past decade as minority communities have swelled, according to the 2020 Census. Yet, the rapid growth of Latinos and Blacks is not reflected in any of the new maps passed so far, except California’s, which added five seats where Latinos make up the majority of adults. Judges have intervened in two states where Republican state legislators were accused by voting rights advocates of disenfranchising Black voters.
Energy Secretary Jennifer Granholm Violated a Stock Disclosure Law Nine Times Last Year
CNBC – Christina Wilke | Published: 1/20/2022
Energy Secretary Jennifer Granholm violated the STOCK Act at least nine times last year by selling shares of stock worth up to $240,000 and failing to disclose those sales within the 45-day window the law requires. The dates of Granholm’s stock sales ranged from April to late October. But Granholm did not disclose any of them until mid-December, which was in some cases a full six months after the deadline to report the sale had passed.
Ex-Giuliani Associate Fruman Sentenced to One Year in Prison in Campaign Finance Case
Reuters – Luc Cohen | Published: 1/21/2022
Igor Fruman, who helped Donald Trump’s former personal lawyer Rudy Giuliani collect damaging information about Joe Biden before he was elected president, was sentenced to one year in prison for violating campaign finance law. U.S. District Court Judge Paul Oetken said Fruman’s solicitation of money from a Russian businessperson to donate to U.S. political campaigns was serious because it “undermines democracy,” but Fruman was unlikely to commit a similar offense again.
Federal Prosecutors Examine Slates That Offered Trump Electoral Votes in States Biden Won in 2020
MSN – Matt Zapotosky (Washington Post) | Published: 1/25/2022
Federal prosecutors are examining the decision by Republican electors in some states won by President Biden in 2020 to send in signed statements purporting to affirm Donald Trump as the victor of the election. Their actions were criticized at the time as a political stunt meant to bolster Trump’s unfounded claims of election fraud. But they have drawn additional scrutiny in recent weeks, as the House committee investigating the attack on the Capitol seeks to understand the origin of the Trump elector slates.
Feds Issue Subpoenas Seeking Records Related to Rep. Cuellar and His Wife, Associates
ABC News – Mike Levine | Published: 1/21/2022
A grand jury probe that led to the raid of U.S. Rep. Henry Cuellar’s home and office in Texas has begun issuing subpoenas, seeking records about a wide array of American companies and advocacy organizations, many of them with ties to the former Soviet nation of Azerbaijan. Among the information being sought are records related to Cuellar, his wife Imelda, and at least one of his campaign staffers. A subpoena seeks records “relating to anything of value” that Cuellar, his wife, and others close to them may have been offered by certain business leaders or foreign officials.
House Committee on Ethics Opening Reviews of Two Lawmakers
MSN – Morgan Rimmer and Annie Grayer (CNN) | Published: 1/24/2022
The House Committee on Ethics announced it is continuing two investigations based on reports from the Office of Congressional Ethics (OGE). The OGE claims it has “substantial reason to believe” U.S. Rep. Doug Lamborn misused official resources and U.S. Rep. Marie Newman promised federal employment to a primary opponent to get political support. Current and former Lamborn staffers testified they were instructed to perform a host of activities including running personal errands, performing campaign work, moving furniture, and helping Lamborn’s son with a federal job application process.
Judge Says States Can Investigate WinRed’s Fund-Raising Tactics
New York Times – Shane Goldmacher | Published: 1/26/2022
A federal judge dismissed a lawsuit filed by WinRed, a company that processes online donations for Republicans, that sought to block state attorneys general from investigating fundraising tactics that have triggered complaints of fraud. The attorneys general from four states first sent letters to WinRed, asking for documents after a New York Times investigation revealed the company’s use of prechecked boxes to automatically enroll donors in recurring contribution programs. WinRed declined to provide the documents and instead went to court to argue federal law should pre-empt any state-level consumer probes.
Justice Breyer to Retire, Giving Biden First Court Pick
Yahoo News – Mark Sherman and Michael Balsamo (Associated Press) | Published: 1/26/2022
Longtime liberal Supreme Court Justice Stephen Breyer is retiring, giving President Biden his first high court opening, which he has pledged to fill with the historic naming of the court’s first Black woman. Breyer has been a pragmatic force on a court that has grown increasingly conservative, trying to forge majorities with more moderate justices. His retirement will give Biden the chance to name and win confirmation of a replacement before next fall’s election when Republicans could retake the Senate and block future nominees.
Palin v. New York Times Pushes New Boundaries on Libel Suits
Yahoo News – Josh Gerstein (Politico) | Published: 1/23/2022
Sarah Palin is set to take on The New York Times in a libel suit she filed over a 2017 editorial that erroneously linked her political activities to the 2011 shooting attack that left six people dead and U.S. Rep. Gabrielle Giffords badly wounded. Within a day, the Times corrected the editorial and noted no connection was ever established between the rampage and a map that Palin’s PAC circulated with crosshairs superimposed on the districts of 20 Democrats, including Giffords. But Palin filed suit, accusing the newspaper of defaming her. Some media advocates say the fact that the case is going to trial is a sign that deference to the press in the courts is giving way to more challenging legal landscape.
Plea Deal for Man Involved in Gaetz Investigation, Whose Attorney Says He Witnessed ‘Sex, Drugs – a Whole Lot of It’
MSN – Matt Zapotosky (Washington Post) | Published: 1/26/2022
Justice Department investigators have reached a cooperation agreement with a man whose attorney says he witnessed U.S. Rep. Matt Gaetz attend parties involving “a whole lot” of sex and drug use, another potential boon to the sprawling and slow-moving sex trafficking investigation into Gaetz. Ellicott has been talking with investigators examining whether Gaetz committed sex trafficking of a minor. Ellicott’s plea agreement requires him to cooperate fully with the government as they explore other potential crimes.
Retired Lawyer Wrote the Book, Literally, on Corporations Entertaining Politicians
MSN – Kate Ackley (Roll Call) | Published: 1/24/2022
When Ken Gross joined Skadden Arps Slate Meagher & Flom’s Washington office, he envisioned a nonpartisan political law practice, catering mostly to corporate clients. He carried out his plans over the next 35 years, representing mostly companies and trade associations as they navigated the changing legal landscape for PACs, lobbying, ethics, and gift rules. “Ken is responsible for developing that practice group, leading it, growing it to the point where Skadden is the go-to firm for … corporate clients who want to engage in … political activity, and want to ensure their compliance,” said Jan Baran, a campaign finance lawyer.
The Jan. 6 Panel Wants to Talk to Ivanka Trump
National Public Radio – Caitlyn Kim | Published: 1/20/2022
The House select committee looking into the January 6, 2021, attack on the Capitol is seeking Ivanka Trump’s voluntary cooperation with its investigation. The letter also detailed new evidence the panel has uncovered about her role the day of the siege, including multiple attempts to get her father to intervene in the attack and his efforts to undo President Biden’s election. The request comes a day after the committee requested phone from Eric Trump and Kimberly Guilfoyle, who is engaged to Donald Trump Jr.
Top Lobbying Firms Report Record-Breaking 2021 Earnings
MSN – Karl Evers-Hillstrom (The Hill) | Published: 1/20/2022
Most of the top lobbying firms in Washington, D.C. raked in record revenue last year as K Street worked overtime to influence President Biden’s ambitious agenda. Lobbying spending had already reached record highs in 2020 after Congress authorized trillions of dollars in new spending to fight the pandemic. But Democrats’ takeover of Congress and the White House helped further propel the influence industry to new heights.
From the States and Municipalities
Alabama – Alabama Supreme Court Reverses Dismissal of Lawsuit Filed by Convicted Drummond Coal Lobbyist
AL.com – Mike Cason | Published: 1/22/2022
The Alabama Supreme Court reversed the dismissal of a lawsuit filed by former Drummond Company vice president and lobbyist David Roberson, who was convicted in 2018 of bribing a state lawmaker. Roberson sued Drummond Company, his former employer, and the Balch & Bingham law firm in 2019, alleging they concealed and misrepresented information that contributed to his conviction. A federal jury convicted Roberson and former Balch & Bingham lawyer Joel Gilbert on corruption charges, involving bribes paid to former state Rep. Oliver Robinson through a foundation Robinson operated.
Alabama – Federal Court Blocks Alabama’s New Congressional District Map, Saying It’s Not Fair to Blacks
Yahoo News – Brian Lyman (Montgomery Advertiser) | Published: 1/25/2022
A three-judge federal panel blocked Alabama’s new congressional district map from going into effect, ruling challengers were “substantially likely” to prevail in their arguments the plan violated the Voting Rights Act. the judges found Black Alabamians had “less opportunity than other Alabamians to elect the candidates of their choice to Congress.” The congressional map as approved preserves a nearly 30-year plan of having a single majority-minority congressional district in west Alabama.
Arizona – Arizona Appeals Court Rebuffs Group’s Bid to Skip Campaign Law Fine
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 1/23/2022
The state Court of Appeals rebuffed a bid by a group that spent $260,000 attacking a 2014 foe of Doug Ducey’s in his first gubernatorial campaign to escape a fine for violating Arizona campaign finance laws. The judges said the Legacy Foundation Action Fund waited too long before appealing a more than $95,000 fine imposed by the Citizens Clean Elections Commission over its commercials targeting former Mesa Mayor Scott Smith. Attorneys for the conservative group then opened a new legal front with this lawsuit, arguing the commission did not have any legal authority to impose the fine in the first place.
Arizona – U.S. Supreme Court Rejects Shooter’s Claim
Arizona Capital Times – Howard Fischer (Capitol News Services) | Published: 1/27/2022
The U.S. Supreme Court ended the hope of former Rep. Don Shooter to claim his rights were violated when he was expelled from the Arizona House. The justices refused to set aside a ruling by a lower court throwing out the lawsuit Shooter filed against former House Speaker J.D. Mesnard and Kirk Adams, a former top adviser for Gov. Doug Ducey. The court did not address the claims by Shooter that having him ousted for violating a policy against sexual harassment, one that did not exist at the time of the alleged incidents, was illegal. The action upholds the conclusion by the appellate court that Mesnard and Adams have qualified immunity for their actions.
California – After Guilty Plea in Federal Case, Englander Now Faces L.A. City Ethics Charges
MSN – Julia Wick (Los Angeles Times) | Published: 1/20/2022
The Los Angeles City Ethics Commission accused former Councilperson Mitchell Englander of violating city ethics laws by accepting thousands of dollars in gifts from a businessperson and a developer during trips to Las Vegas and Palm Springs and not adequately reporting them. The charges come more than a year after Englander pleaded guilty to lying to federal authorities investigating the corruption case and was sentenced to prison. The commission could levy a fine of up to $136,071.
California – Ex-DWP Executive Pleads Guilty in Corruption Case
Los Angeles Daily News – Staff | Published: 1/25/2022
A former top executive of the Los Angeles Department of Water and Power (DWP) pleaded guilty to a federal bribery charge stemming from a probe of the city’s handling of the botched launch of a DWP billing system. David Wright accepted bribes from a lawyer in exchange for supporting a $30 million, no-bid DWP contract. The lawyer named in the case, Paul Paradis, has also agreed to plead guilty to a federal bribery count. Riverside officials asked t local law enforcement to probe whether contracts may have been illegally steered toward certain companies when Wright was general manager of Riverside Public Utilities.
Colorado – A Second County Election Official in Colorado Is Suspected of Security Breach
Canon City Daily Record – Saja Hindi (Denver Post) | Published: 1/24/2022
Colorado Secretary of State Jena Griswold is investigating a second county clerk over a possible elections security breach and has ordered Elbert County Clerk and Recorder Dallas Schroeder to turn over information related to allegations he copied a voting system hard drive. The secretary of state ordered the Republican county clerk to appear at a deposition to explain how the copy of the 2021 Dominion Voting Systems hard drive was made after Griswold’s office said Schroeder did not respond to an email request and an election order requiring the disclosure of information about the “potential security protocol breach.”
Florida – Florida Opens Investigation into Dark-Money Group Key to ‘Ghost’ Candidate Scandal
MSN – Jason Garcia and Annie Martin (Orlando Sentinel) | Published: 1/20/2022
A state agency that regulates charities has opened an investigation into a “dark-money” nonprofit that played a key role in Florida’s “ghost” candidate scandal. Nikki Fried, commissioner of the Florida Department of Agriculture and Consumer Affairs, said her department is probing whether the organization, known as Let’s Preserve the American Dream, has fully complied with state laws governing nonprofits that solicit funding in Florida. The development comes as the nonprofit, which is closely associated with one of Florida’s biggest business-lobbying groups, also faces criminal investigation by prosecutors in Miami.
Florida – How Much Darker Can Political Money Get? New GOP Bill Tries to Further Shield Donors
MSN – Ana Ceballo and Samantha Gross (Miami Herald) | Published: 1/20/2022
Florida Republicans are pushing legislation that would enact broad new layers of secrecy around nonprofit organizations’ corporate and individual donors, a move that would allow some political groups to shield sources of funding from local and state government scrutiny. Groups whose tax-exempt status allows them to engage in a restricted level of political activity and does not require them to disclose their donors often serve as vehicles for dark money spending because their sources are hidden. They have come under scrutiny recently due to a Miami-Dade County “ghost” candidate investigation marked by “dark money” spending.
Georgia – Ethics Panel Says It Will Pursue Ex-Insurance Commissioner
MSN – Associated Press | Published: 1/24/2022
Georgia ethics officials say they will pursue allegations of wrongdoing against former state Insurance Commissioner John Oxendine, overriding an administrative law judge’s ruling that they waited too long. Oxendine is accused of illegally using campaign funds from his failed 2010 gubernatorial campaign to buy a house and lease cars. Commissioners accepted the judge’s decision that the agency cannot pursue Oxendine for accepting $120,000 in bundled contributions, 10 times what was then the legal limit, from two insurance companies in 2008 when he was running for governor.
Georgia – Georgia Prosecutor Granted Special Grand Jury in Probe of Trump’s Efforts to Overturn State’s Election Results
MSN – Amy Wang and John Wagner (Washington Post) | Published: 1/24/2022
Fulton County District Attorney Fani Willis, who is weighing whether former President Trump and others committed crimes by trying to pressure Georgia election officials, was granted a special purpose grand jury to aid in her investigation. Willis confirmed part of her investigation centers on the January 2, 2021, phone call between Trump and Secretary of State Brad Raffensperger in which Trump asked Raffensperger to “find” enough votes to overturn Joe Biden’s win in the state’s presidential election.
Hawaii – How a Honolulu Police Chief Facing a Corruption Probe Got a $250,000 Payout
Honolulu Civil Beat – Christina Jedra | Published: 1/23/2022
In the city council committee room in 2017, Honolulu Police Commission Chairperson Max Sword was being asked about a retirement deal being brokered with then-Police Chief Louis Kealoha, who was under federal investigation for using his position to frame an innocent man. Sword refused to tell the council members anything about the deal. That meeting is now part of a federal indictment in which Sword and two of the city’s most senior officials, former Corporation Counsel Donna Leong and former Managing Director Roy Amemiya, are accused of conspiring to illegally bypass the city council to pay Kealoha a $250,000 severance.
Idaho – Giddings Says She No Longer Has Documents Related to Public Records Lawsuit
Idaho Press – William Spence (Lewiston Tribune) | Published: 1/26/2022
Idaho Rep. Priscilla Giddings last year acknowledged having access to documents that are now at the center of a public records lawsuit. Giddings, who is running for lieutenant governor, now denies having the documents. The documents in question relate to rape allegations that were leveled against former Rep. Aaron von Ehlinger by a House intern, and to a subsequent tort claim alleging Giddings and von Ehlinger engaged in a “conspiracy” to defame the young woman.
Illinois – In Chicago, a Public Radio Station Comes to the Rescue of the Sun-Times Newspaper
MSN – Elahe Izade and Jeremy Barr (Washington Post) | Published: 1/19/2022
In an unusual merger that some hope could serve as a national model to preserve local journalism, Chicago’s NPR station plans to acquire one of the city’s major daily newspapers. The board of directors for Chicago Public Media, the umbrella organization for WBEZ, approved moving forward with the acquisition of The Chicago Sun-Times. Public radio stations have acquired for-profit news competitors in the past but never at this scale. While the two organizations will come under the same ownership and share content, editorially they will operate independently.
Illinois – Supreme Court Considers Use of Political Campaign Funds to Mount Legal Defense in Public Corruption Cases
WCIA – Mark Maxwell | Published: 1/19/2022
The Illinois Supreme Court heard oral arguments in a case that could determine whether elected officials can use their campaign funds to hire lawyers to defend themselves in public corruption cases. Federal prosecutors accused former Chicago Ald. Danny Solis of receiving sex acts, Viagra, and campaign cash in a corruption scheme. Solis later used that same campaign account to pay lawyers $220,000 to defend himself. Ald. Byron Sigcho-Lopez filed a complaint with the State Board of Elections arguing Solis violated campaign finance laws.
Maryland – Baltimore County Inspector General: Former top official waived fees for developer, received favors
Yahoo News – Taylor DeVille (Baltimore Sun) | Published: 1/20/2022
Baltimore County improperly waived what is estimated to total millions of dollars in fees and security deposits over roughly a decade for a developer to build a multimillion-dollar, mixed-use site at Owings Mills, according to a report from county Inspector General Kelly Madigan. The report details how Arnold Jablon, who was director of the Department of Permits, Approvals, and Inspections between 2011 and 2018, waived securities and fees for developer David Brown Enterprises – possibly in return for access to basketball tickets and free parking – despite having no legal authority to do so.
Maryland – The Mosbys Claimed Legal Expenses on Their Campaign Filings. Here’s What We Know About What Maryland Law Requires.
Baltimore Sun – Emily Opilo and Alex Mann | Published: 1/21/2022
Baltimore State’s Attorney Marilyn Mosby and her husband, city council President Nick Mosby, reported spending campaign funds on legal expenses last year. Legal bills can be considered acceptable campaign expenses, but only in certain circumstances. Marilyn Mosby was indicted recently, accused of lying to avoid penalties for withdrawing money from her city retirement account and using the funds to purchase two vacation homes. A state attorney general opinion found an elected official is allowed to use campaign funds to pay debts stemming from “the defense of a criminal prosecution directly related to alleged campaign improprieties.”
New Mexico – Ethics Watchdog Issues Report on Payday Loan Industry Lobbying
New Mexico Political Report – Robert Nott and Daniel Chacon (Santa Fe New Mexican) | Published: 1/20/2022
For years, state lawmakers have unsuccessfully tried to introduce legislation capping the interest rate for so-called payday loans at 36 percent. Their efforts have failed repeatedly. New Mexico Ethics Watch released a new report on a study exploring the possible effects of the industry’s lobbying efforts on ensuring the cap is not lowered. What the study found, said Kathleen Sabo, executive director of Ethics Watch, is that lobbyists’ arguments in opposition to a drop in the interest rate cap have been even “more effective” than campaign donations when it comes to influencing lawmakers.
New Mexico – Proposal Calls for Ethics Agency to Set NM Elected Officials’ Pay
Yahoo News – Dan McKay (Albuquerque Journal) | Published: 1/24/2022
A proposed constitutional amendment that would task the State Ethics Commission with setting the salaries for all state elected officials from the governor to lawmakers, who are now unpaid, cleared its first committee hearing. Senate Joint Resolution 8 also would change how commission members are chosen, allowing the New Mexico Supreme Court to make two of the seven appointments. The push to set a salary for lawmakers comes as the Legislature considers a separate proposal to increase the pay of New Mexico’s statewide elected officials by five figures. Lawmakers are not included in that bill.
New York – Former IG Letizia Tagliafierro Pushed Transfer of Trooper Cuomo Allegedly Harassed
Albany Times Union – Brendan Lyons | Published: 1/20/2022
Letizia Tagliafierro, a former top aide to then-New York Gov. Andrew Cuomo who later became his state inspector general, was the unnamed “high-level staff member” in the executive branch who four years ago directed the State Police to bend the rules so a young female trooper whom the governor met at an event could be appointed to his protective detail. Tagliafierro’s role was revealed when state Attorney General Letitia James’ office released transcripts from a probe into allegations Cuomo sexually harassed or acted inappropriately with multiple women, including the trooper who went on to become one of his drivers.
New York – Subpoena Probes Cuomo’s Pandemic ‘Volunteers’
Albany Times Union – Chris Bragg | Published: 1/26/2022
The Joint Commission on Public Ethics will investigate the activities of volunteers in assisting New York Gov. Andrew Cuomo’s COVID-19 pandemic response. While unpaid by New York’s government, some of the volunteers, such as one-time top Cuomo aide Larry Schwartz, held crucial roles in Cuomo’s response to the crisis. Schwartz served as the state’s “vaccine czar,” leading efforts to distribute vaccines to the state’s population, while continuing in his day job as chief strategy officer at an airport concessions company that has extensive interests before state government.
Ohio – Former House Bill 6 Lobbyist Who Chaired PUCO Nominating Council Resigns
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 1/25/2022
Former FirstEnergy lobbyist Michael Koren resigned from leading the state’s efforts to pick utility regulators. Koren had served as chairperson of the Public Utilities Commission of Ohio Nominating Council despite his former ties to FirstEnergy. Koren lobbied for the company when House Bill 6 to subsidize nuclear plants was introduced in 2019. The commission has come under increasing scrutiny after FirstEnergy admitted bribing PUCO’s former chair, Sam Randazzo, who Gov. Mike DeWine appointed after his name was put forth by the nominating council.
Ohio – Ohio’s Pandemic Politics Cast Long Shadow Over Omicron Surge
Ohio Capital Journal – Jake Zuckerman | Published: 1/21/2022
Republicans in the Ohio House and Senate overruled Gov. Mike DeWine’s gubernatorial veto to pass Senate Bill 22. The legislation gave lawmakers the ability to nix statewide health orders with a simple majority vote – previous law required a supermajority. It also blocked DeWine, his appointed director of the Ohio Department of Health, or local health departments from issuing blanket lockdown or masking orders. A May 2021 report from the Network for Public Health Law found Ohio was one of 15 states to pass or consider legislation to limit the authority of public health departments during the pandemic.
Tennessee – Ogles Wants Checks on Registry of Election Finance Subpoena Power
Tennessee Lookout – Sam Stockard | Published: 1/26/2022
State Rep. Brandon Ogles, after threatening a “deep dive” into the Tennessee Registry of Election Finance, said he is drafting legislation that could change the agency’s subpoena power. Ogles said he would like to see requirements for a judge’s signature on subpoenas issued by the registry board in addition to invitations before subpoenas are issued. The registry voted recently to subpoena former House Speaker Glen Casada, his ex-chief of staff Cade Cothren, and several other people to gather information about the Faith Family Freedom Forum, a shadowy PAC that ran attack ads on Casada’s political enemy, former Rep. Rick Tillis.
Tennessee – Senate Ethics Committee Recommends Sen. Katrina Robinson’s Expulsion, Will Go Before Senate Vote
Yahoo News – Melissa Brown (Memphis Commercial Appeal) | Published: 1/20/2022
The Senate Ethics Committee determined Tennessee Sen. Katrina Robinson violated the chamber’s code of ethics and recommended her expulsion due to her conviction on federal fraud charges. Robinson will now face a full Senate vote based on the committee’s recommendation. She is awaiting a March sentencing date for charges related to the mismanagement of federal funds in connection to her leadership of a nursing school. Robinson’s criminal trial focused on events that occurred prior to her election to the state Senate.
Washington – WA Supreme Court Upholds $18M Campaign-Finance Fine Against Grocery Industry Group
Seattle Times – Jim Brunner | Published: 1/20/2022
The Washington Supreme Court narrowly upheld an $18 million fine levied against an association of large food brands that funneled “dark money” into a state campaign. The ruling found the penalty against the Grocery Manufacturers Association, now known as the Consumer Brands Association, did not violate the U.S. Constitution’s ban on excessive fines. The group spent more than $11 million to defeat Initiative 522, which would have required labeling of genetically modified food products. But it did not initially identify the corporations that wrote big checks to fund the campaign, including Coca-Cola, General Mills, and Nestle.
January 21, 2022 •
News You Can Use Digest – January 21, 2022
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National/Federal DirecTV Says It Will Sever Ties with Far-Right Network One America News MSN – Timothy Bella (Washington Post) | Published: 1/15/2022 DirecTV announced it will sever ties with One America News (OAN) after this year, pulling the conservative news channel […]
National/Federal
DirecTV Says It Will Sever Ties with Far-Right Network One America News
MSN – Timothy Bella (Washington Post) | Published: 1/15/2022
DirecTV announced it will sever ties with One America News (OAN) after this year, pulling the conservative news channel from millions of homes. The channel, which has promoted conspiracy theories about the 2020 presidential election and coronavirus pandemic, will be dropped in April when its contract expires. OAN’s sister channel, A Wealth of Entertainment, will also be removed from the satellite provider. AT&T has been criticized for playing a foundational role in building up OAN into a Donald Trump-friendly alternative to Fox News. Though DirecTV is now its own company, AT&T owns 70 percent of the satellite provider.
ExxonMobil Aims to Use a Radical Texas Law to Silence Its Critics – in California
Mother Jones – Chris McGreal | Published: 1/18/2022
ExxonMobil is attempting to use an unusual Texas law to target and intimidate its critics, claiming lawsuits against the company over its long history of downplaying and denying the climate crisis violate the U.S. Constitution’s guarantees of free speech. ExxonMobil is asking the Texas Supreme Court to allow it to use the law, known as rule 202, to pursue legal action against more than a dozen California municipal officials. Exxon claims that in filing lawsuits against the company over its role in the climate crisis, the officials are orchestrating a conspiracy against the firm’s first amendment rights.
FEC Report Shows How National Party Committees Allegedly Blow Past Contribution Limits
MSN – Isaac Stanley-Becker (Washington Post) | Published: 1/14/2022
A fundraising committee operated jointly by the Trump campaign and the Republican National Committee in 2016 served as a vehicle for state parties to FEC’s general counsel found almost three years ago. The general counsel’s report, available since 2019, was newly released in an updated and unredacted form because of a development in an associated case. It mirrors findings from the general counsel’s office about similar activity by a joint fundraising committee benefiting Hillary Clinton in 2016. The alleged sum funneled through state party committees in that case was even larger: $112 million.
House Jan. 6 Committee Subpoenas Giuliani, Sidney Powell
MSN – Jacqueline Alemany and Tom Hamburger (Washington Post) | Published: 1/18/2022
The House committee investigating the insurrection of January 6, 2021, issued subpoenas to members of former President Trump’s outside legal team who pursued and disseminated unfounded claims of mass election fraud, including Trump’s former personal attorney Rudolph Giuliani, former White House aide Boris Epshteyn, and lawyers Jenna Ellis and Sidney Powell. The committee has also subpoenaed and obtained records of phone numbers associated with Eric Trump and Kimberly Guilfoyle, the fiancé of Donald Trump Jr.
How More Than $404 Million in Taxpayer Money Got Locked Away in a Forgotten Government Fund – and Lawmakers Won’t Spend It or Return It
Yahoo News – Dave Levinthal (Business Insider) | Published: 1/18/2022
Holed away in a government account is a massive cash stash most anyone, from depleted federal programs to coronavirus-throttled charitable causes, would love to tap. But it sits idle and untouched. The intended beneficiaries of the taxpayer-fueled Presidential Election Campaign Fund – presidential candidates – do not want it, as they are soured by its restrictions on their fundraising and spending. Conservatives in Congress would prefer to disband the fund and repurpose its money. Many Democrats want the money to seed a reimagined public campaign finance program contained within a broader “democracy-reform” agenda.
Lawmakers Coming Under Increased Threats – Sometimes from One Another
Yahoo News – Rebecca Beitsch (The Hill) | Published: 1/17/2022
A little over a year after the violent attack on the Capitol, threats targeting lawmakers have only increased alongside a surge of violent speech shared online and even inside the building. Threats against lawmakers have reached an all-time high of 9,600, according to U.S. Capitol Police data. On the anniversary of that attack, the Department of Homeland Security warned that calls for violent action against lawmakers were picking up steam online. That includes a video calling for lawmakers to be hung in front of the White House that has now been viewed more than 60,000 times. Some of the violent rhetoric is coming from within Congress.
Legislatures Across Country Back Off Pandemic Protocols
Colorado Newsline – Sean Scully | Published: 1/19/2022
Across the nation, lawmakers are gathering for the annual ritual of legislative sessions, which in most states takes up the early months of the year. Unlike recent years, when masks and social distancing were common, if not the explicit rule, in many states hardly anyone would know the country was entering the third year of a pandemic. Even in states where COVID-19 protections do remain in place, the issue has exposed a sharp partisan divide and provoked unrest among lawmakers.
Manchin, Sinema Join with GOP in Rejecting Attempt to Change Filibuster Rules, Effectively Killing Democratic Voting Bill
MSN – Mike DeBonis (Washington Post) | Published: 1/19/2022
The year-long Democratic push for federal voting rights legislation died in the Senate after Republicans blocked an elections bill for the fifth time in six months and Democrats failed to unite their caucus behind a plan to rewrite the chamber’s rules and pass it anyway. The vote amounted to a bitter but unsurprising finale for the Democratic voting rights effort on Capitol Hill, a campaign backed by top party leaders and pushed by key elements of its coalition even as Sens. Joe Manchin and Kirsten Sinema made clear they would not weaken the 60-vote rule, defending it as a tool to protect minority-party rights and promote bipartisanship.
Now with Senate Allies, Spanberger’s Legislation to Ban Members of Congress from Trading Stock Gains Traction
MSN – Meagan Flynn (Washington Post) | Published: 1/17/2022
More than a year since U.S. Rep. Abigail Spanberger first put forth legislation that would ban members of Congress from trading stock, a flurry of action in the Senate has injected some momentum into the proposal. While it is traditionally tough to get Congress to police itself, Spanberger and her co-lead on the legislation, U.S. Rep. Chip Roy (R-Tex.), have built a bipartisan coalition around the issue spanning the ideological spectrum after several stock-trading controversies during the pandemic raised eyebrows.
Supreme Court Rejects Trump’s Request to Withhold Jan. 6 Materials from House Committee Investigating Capitol Riot
MSN – Robert Barnes (Washington Post) | Published: 1/19/2022
The Supreme Court rejected former President Trump’s request to block the release of some of his White House records to a congressional committee investigating the January 6, 2021, attack on the U.S. Capitol. The order turned aside Trump’s request to block the records’ release while the case regarding his assertion of executive privilege continues through the courts. It means there is no legal obstacle to release of the materials from the National Archives and Trump’s lawyers have argued that would make the case moot.
Ted Cruz Finds Friendly High Court Audience in Campaign Finance Challenge
Courthouse News Service – Kelsey Reichman | Published: 1/19/2022
Members of the U.S. Supreme Court’s conservative majority seemed sympathetic to Sen. Ted Cruz in a challenge he brought to a provision of campaign finance law limiting the repayment of federal candidates’ loans to their campaigns. The law places a $250,000 limit on the repayment of personal loans from candidates to campaigns using money from postelection donations. Seeking to test the constitutionality of the law, Cruz lent $260,000 to his 2018 re-election campaign. Cruz says the provision has the effect of deterring the loans. The Biden administration argues Congress intended the provision as an anti-corruption measure.
The Justice Dept. Alleged Jan. 6 Was a Seditious Conspiracy. Now Will It Investigate Trump?
MSN – Matt Zapotosky, Josh Dawsey, Tom Hamburger, and Rachel Weiner (Washington Post) | Published: 1/15/2022
The Justice Department’s decision to charge Oath Keepers with seditious conspiracy makes clear prosecutors consider the attack on the U.S. Capitol part of an organized assault to prevent the peaceful transfer of presidential power. But so far, the department does not appear to be directly investigating the person whose desperate bid to stay in office motivated the mayhem, former President Trump, either for potentially inciting a riot or for what some observers see as a related pressure campaign to overturn the results of the election.
From the States and Municipalities
California – Fired OC District Attorney’s Investigator Who Accused Todd Spitzer of Bribery Gets Job Back in Arbitration
Orange County Register – Tony Saavedra | Published: 1/17/2022
Michael Leb, a fired Orange County district attorney’s office investigator who accused District Attorney Todd Spitzer of “pay-to-play” schemes, won back his job in arbitration. Arbitrator Michael Leb, who concluded the firing process “was tainted. The charges were not proven, and the termination of Tucker was not for reasonable cause.” Tucker will be paid more than a year in back pay. Tucker was fired amid allegations he unilaterally began investigating his suspicions that Spitzer was giving preferential treatment to campaign donors. Tucker also accused Spitzer with colluding with investigation bureau chief Paul Walters to bury the findings.
California – Tech Companies Spend Millions on California Political Gifts
MSN – Don Thompson (Associated Press) | Published: 1/14/2022
Gov. Gavin Newsom solicited donations totaling nearly $227 million from Facebook, Google, and other private California companies and groups to combat the coronavirus pandemic and help run parts of his administration, according to the Fair Political Practices Commission. While California limits the amount of the gifts and campaign contributions to politicians, there are no limits on so-called behested payments. They are reportable only if they are made at the suggestion of a public official to someone else for a legislative, governmental, or charitable purpose, and only if payments from a single source reach $5,000 in a calendar year.
Colorado – Campaign Contributions Didn’t Require Commissioner’s Recusal, Court Rules
Legal Newsline – Daniel Fisher | Published: 1/19/2022
Citing a U.S. Supreme Court decision that established the constitutional boundaries for determining political conflicts-of-interest, a Colorado court rejected claims that Larimer County Commissioner Tom Donnelly should have recused himself from voting on a concrete plant permit because the company’s shareholders contributed several thousand dollars to his campaign. Central to the decision was the Supreme Court’s 2009 decision Caperton v. A.T. Massey Coal Co., which said the due process rights of citizens can be violated in “rare,” “exceptional,” and “extreme” cases where a politician’s vote appears to reflect large campaign contributions.
Colorado – Grand Jury to Investigate Election Tampering Allegations in Mesa County
Canon City Daily Record – Saja Hindi (Denver Post) | Published: 1/13/2022
State and local officials are launching a grand jury investigation into allegations of election equipment tampering and official misconduct in Mesa County, Colorado. Authorities have been investigating a possible security breach in County Clerk Tina Peters’ office after Peters and others allegedly allowed an unauthorized person access to elections equipment. The secretary of state’s office asked Peters to sign a document that placed limits on what she can do for the 2022 elections if she wants to return as clerk, but Peters rejected the offer.
Florida – Florida Governor Proposes Special Police Agency to Monitor Elections
MSN – Lori Rozsa and Beth Reinhard (Washington Post) | Published: 1/18/2022
A plan by Florida Gov. Ron DeSantis would establish a special police force to oversee state elections, the first of its kind in the nation, and while his fellow Republicans have reacted tepidly, voting rights advocates fear it will become law and be used to intimidate voters. The proposed Office of Election Crimes and Security would be part of the Department of State, which answers to the governor. DeSantis is asking the Legislature to allocate nearly $6 million to hire 52 people to “investigate, detect, apprehend, and arrest anyone for an alleged violation” of election laws. They would be stationed at unspecified “field offices throughout the state” and act on tips from “government officials or any other person.”
Florida – Records: Tallahassee strategist helped boost ghost candidates with dark money ad buy
MSN – Samantha Gross (Miami Herald) | Published: 1/18/2022
A longtime political strategist paid for more than $500,000 in misleading mailers promoting no-party candidates in three key Florida Senate races in 2020, according to court records released as part of a public corruption probe. Investigators say the ads were meant to confuse voters to benefit the Republican candidates in the races. The mailers featured messaging on issues that historically appeal to Democrats and promoted no-party candidates who had not actively campaigned. The ads urge voters to “cut the strings” from party-backed candidates.
Georgia – Atlanta Public Corruption Trials to Begin After Four Years, Trump-Related Turnover of Prosecutors
Saporta Report – David Penered | Published: 1/18/2022
The federal prosecution of alleged corruption at Atlanta City Hall appears to be advancing after a delay. There are four upcoming trials that could last through the year, and perhaps longer. Authorities filed indictments against public officials and vendors whose city contracts ranged in the millions of dollars. Former President Trump may have had a role in the prosecution’s delay. Three U.S. attorneys have served in Atlanta in the past year. The fourth prosecutor in line to lead the office is Ryan Buchanan, who was nominated by President Biden and is awaiting Senate confirmation.
Illinois – ‘They All Need Somebody That Does What I Do’; Unsealed affidavit reveals new details in Ald. Edward Burke corruption probe
Yahoo News – Jason Meisner (Chicago Tribune) | Published: 1/14/2022
An FBI search warrant affidavit that led to the 2018 raid on Ald. Edward Burke’s City Hall offices was made public, providing new detail on the hundreds of audio and video recordings made in the corruption case that rocked Chicago politics. The affidavit paints a picture of Burke at the height of his power as chair of the Finance Committee, accusing him of constantly prowling for new business for his private law firm and making repeated offers to grease the wheels at City Hall for those he favored.
Maryland – Baltimore State’s Attorney Marilyn Mosby Indicted on Federal Charges She Lied on Financial Transactions to Buy Homes in Florida
Yahoo News – Justin Fenton (Baltimore Sun) | Published: 1/13/2022
A federal grand indicted Baltimore’s top prosecutor, Marilyn Mosby, on charges of perjury and making false statements with a series of financial transactions that helped her buy a condominium on Florida’s Gulf Coast and another property near Orlando. Mosby is charged with falsely claiming to suffer financial hardship from the coronavirus to obtain an early withdrawal from her retirement savings to purchase the homes. Prosecutors also allege she lied on a mortgage loan application by hiding an outstanding federal tax debt.
Massachusetts – Lyft Makes Largest One-Time Political Donation in Massachusetts History, Fueling Gig Worker Ballot Fight
MSN – Matt Stout (Boston Globe) | Published: 1/18/2022
The coalition pushing petitions that could reshape how gig economy workers are classified in Massachusetts took in the single largest political donation in state history, helping fund a phalanx of consultants, pollsters, and signature gatherers driving the questions toward the ballot. The rideshare giant Lyft gave $14.4 million to a committee supporting the petitions, most of which came in a $13 million donation on December 30. The committee enlisted Conan Harris & Associates, a management consulting firm founded by the husband of U.S. Rep. Ayanna Pressley.
Michigan – Ex-Detroit Councilman André Spivey Gets 2-Year Sentence in Bribery Case
Detroit News – Robert Snell and James David Dickson | Published: 1/19/2022
A federal judge sentenced former Detroit City Councilperson André Spivey to two years in federal prison for receiving almost $36,000 in bribes, part of a sprawling corruption scandal engulfing City Hall and the police department. Spivey received about $36,000 in the scheme from a towing industry figure who was working undercover for the FBI, prosecutors said. Spivey received the money on eight separate occasions during a five-year period ending in 2020, including cash during a secret payoff at his 46th birthday party.
Michigan – Michigan Attorney General Refers Investigation into Fake Republican Electors to Federal Prosecutors
MLive.com – Malachi Barrett | Published: 1/14/2022
Michigan Attorney General Dana Nessel said she gave federal prosecutors the details of a year-long investigation into Republicans who signed false documents asserting former President Trump won Michigan’s Electoral College votes. Sixteen Republicans falsely identified themselves as Michigan’s “duly elected and qualified electors” in unofficial certificates that were sent to federal officials who record the Electoral College vote following the 2020 election. Nessel said federal prosecutors could consider fraud and charges, and her office is still considering whether to bring state-level charges.
Missouri – The Kansas City Star Seeks to Intervene in Independence Suit, Unseal Mayor’s Deposition
Kansas City Star – Kevin Hardy | Published: 1/19/2022
The Kansas City Star asked to intervene in a civil lawsuit in Independence for the purpose of unsealing the sworn testimony of Mayor Eileen Weir. In its motion, The Star argues Weir failed to show any legal cause for sealing her deposition and says its closure is a violation of First Amendment protections. Rules say individuals may seek protective orders “for good cause shown.” The Star argues Weir included no justification, but only referenced the fact that she was the mayor and third parties were seeking copies of her deposition transcript.
Montana – Federal Judge Strikes Down Montana’s Clean Campaign Act
Helena Independent Record – Sam Wilson | Published: 1/18/2022
U.S. District Court Judge Donald Molloy ruled a Montana law that was meant to curb last-minute campaign attacks violates free speech rights. Molloy said the Clean Campaign Act “delays, and sometimes even prevents, political speech on the basis of content.” Montana Citizens for Right to Work sued after the state’s Commissioner of Political Practices found it failed to follow the law’s “Fair Notice” provision by giving candidates a heads-up on negative mailers sent out shortly before Election Day in 2020. It is unclear whether the state will appeal the ruling.
New York – N.Y. Attorney General Outlines Pattern of Possible Fraud at Trump Business
MSN – Jonah Bromwich, Ben Protess, and William Rashbaum (New York Times) | Published: 1/19/2022
New York Attorney General Letitia James accused Donald Trump’s family business of repeatedly misrepresenting the value of its assets to bolster its bottom line, saying in court papers the company had engaged in “fraudulent or misleading” practices. The filing marked the first time the attorney general’s office leveled such specific accusations against the former president’s company. Her broadside ratchets up the pressure on Trump as he seeks to shut down her investigation, which he has called a partisan witch hunt.
Ohio – FirstEnergy Collected $460 Million from Customers; Auditor Unsure If It Was Spent on Bribes
Ohio Capital Journal – Jake Zuckerman | Published: 1/18/2022
There is no clear evidence to show the $460 million that FirstEnergy charged its customers went to its stated purpose of modernizing the electric grid, an audit found. A 2019 Ohio Supreme Court ruling blocked the company from continuing to apply the charge to customer bills. Daymark Energy Advisors, in an audit for the Public Utility Commission sought to follow the money. The audit comes as consumer advocates have demanded answers as to whether FirstEnergy used the funds in its $60 million political bribery scheme it operated.
Ohio – Ohio Supreme Court Invalidates GOP-Approved Congressional Map ‘Infused with Undue Partisan Bias’
Yahoo News – Jessie Balmert and Laura Bischoff (Columbus Dispatch) | Published: 1/13/2022
The Ohio Supreme Court struck down the state’s congressional district map, saying Republicans violated the Ohio Constitution by drawing districts that favored GOP candidates. That violated language overwhelmingly approved by voters in 2018 to prevent a map that unduly favored one party or its incumbents. “When the dealer stacks the deck in advance, the house usually wins,” wrote Justice Michael Donnelly in the court’s opinion.
Pennsylvania – Pa. Legislature’s Redacted Legal Bills Flout Court Ruling, Leave Taxpayers Guessing
Spotlight PA – Angela Couloumbis (Spotlight PA) and Sam Janesch (The Caucus) | Published: 1/11/2022
In May, GOP lawmakers who control the state House and Senate hired the chair of the Republican Party of Pennsylvania to represent them in legal matters at $575 an hour. Within three weeks, Lawrence Tabas and his law firm had charged the chambers more than $36,000 for 78 hours of work, records show. What Tabas did for the Legislature, however, is a mystery. Republican leaders redacted all details about his work from his contract and other public records, continuing a pattern of secrecy surrounding the Legislature’s agreements with private lawyers.
South Carolina – Will 2022 Be the Year for Ethics Reform in South Carolina?
Charleston Post and Courier – Avery Wilks | Published: 1/17/2022
Months after a newspaper investigation exposed how dozens of political officials across South Carolina get away with refusing to pay their ethics fines, state lawmakers appear to be taking action. A Senate committee will soon debate a proposal to ban such officials from seeking reelection unless they pay their penalties, an effort to make politicians take the state’s ethics laws, and the watchdog that enforces them, more seriously. It is one of more than two dozen good government bills lawmakers could consider as they begin their 2022 session.
South Dakota – Investigators Say South Dakota AG Was Untruthful About Crash
Yahoo News – Stephen Groves (Associated Press) | Published: 1/19/2022
Criminal investigators told South Dakota lawmakers they did not believe the state’s attorney general when he told them he never saw the body of the man he fatally struck in a crash in 2020. Investigators said they doubted Attorney General Jason Ravnsborg’s insistence, both in public and in law enforcement interviews, that he initially thought he hit an animal. A House committee is weighing whether Ravnsborg should face impeachment charges for his conduct. He pleaded no contest to a pair of misdemeanors last year and has said he did not realize he struck Joseph Boever until returning to the scene the next day.
Tennessee – Former Tennessee House Speaker Casada and Ex-Aide Subpoenaed Over Faith PAC
Yahoo News – Andy Sher (Chattanooga Times Free Press) | Published: 1/15/2022
The Tennessee Registry of Election Finance moved to subpoena former House Speaker Glen Casada in an effort to audit the Faith Family Freedom Fund, a PAC that spent $7,000 attacking an incumbent lawmaker in 2020. The registry also targeted Casada’s former chief of staff, Cade Cothren, and state Rep. Todd Warner. The fund’s treasurer, Sydney Friedopfer testified she opened the PAC at the request of Cothren, her then-boyfriend. The PAC was used to attack then-Rep. Rick Tillis in the GOP primary race with Warner.
Tennessee – State Officials Fine Nashville Council Member $360K for 36 Campaign Finance Violations
Yahoo News – Cassandra Stephenson (The Tennessean) | Published: 1/13/2022
Nashville Council member Jonathan Hall failed to file multiple mandatory campaign finance reports on time, or at all, during election cycles in 2018 and 2019, according to a letter from the Bureau of Ethics and Campaign Finance. The agency’s counsel, Lauren Topping, said the allegations span 36 individual violations. Of the reports that Hall’s campaign did file, some lack required donor and vendor information and itemized expenses. Some contain unexplained discrepancies deemed “troubling” by Assistant District Attorney General Brian Ewald. Hall is liable for $360,000 in civil penalties in the case.
Texas – Agriculture Commissioner Sid Miller’s Political Consultant Indicted on Charges of Theft, Bribery in Hemp License Scheme
Texas Tribune – Sneh Dey | Published: 1/18/2022
Todd Smith, a top political consultant to Texas Agriculture Commissioner Sid Miller, was indicted on felony charges of theft and commercial bribery related to taking money in exchange for state hemp licenses that are doled out through Miller’s office. Smith and others were accused of soliciting up to $150,000 to get an “exclusive” hemp license from the Department of Agriculture. Smith allegedly said $25,000 would be used for a public poll on hemp. A hemp license from the state costs $100, according to the arrest warrant.
Texas – Election Officials in Texas Reject Hundreds of Ballot Applications Under State;s New Voting Restrictions
MSN – Eugene Scott (Washington Post) | Published: 1/14/2022
Election officials in one of the most populous counties in Texas have rejected about half of the applications for ballots because of the state’s new voting restrictions enacted by Republicans last year. The clerk’s office in Travis County, the fifth-most-populous county and home to the capital of Austin, cited the law’s recent changes to identification requirements in rejecting about half of the 700 mail-in applications. Other county clerk’s offices in the state are also rejecting applications that fail to meet the new standard.
Virginia – Republican Anger, Progressive Concern Combine in Push to Ban Political Spending by Utilities
Virginia Mercury – Sarah Vogelsong and Graham Moomaw | Published: 1/18/2022
Legislative proposals to curb Virginia utilities’ political contributions may be gaining new traction in Richmond as old resentments over a 2015 utility rate freeze law combine with progressive Democrats’ skepticism of utility influence and Republican anger over Dominion Energy’s contributions to a shadowy PAC attacking Gov. Glenn Youngkin during the 2021 elections. Political contributions by utilities have been a hot-button issue in Virginia in recent years largely due to Dominion, the state’s largest electric utility and for many years the biggest corporate donor in state politics.
Virginia – Youngkin’s Cabinet Shares Ties to Fossil Fuels and Energy Companies
Center for Responsive Politics – Jimmy Cloutier | Published: 1/13/2022
Virginia Gov. Glenn Youngkin’s nomination of Andrew Wheeler to be his secretary of natural resources drew backlash from Democratic lawmakers and climate activists, who expressed concern about the onetime lobbyist’s ties to the coal industry and his environmental record under former President Trump. As secretary of natural resources, Wheeler would occupy the state’s top environmental post. Wheeler is not the only nominee or staff member in Youngkin’s incoming administration to share ties to fossil fuel companies and energy providers.
Washington DC – DC Pay-to-Play Law to Take Effect November 2022
JD Supra – Staff | Published: 1/18/2022
The District of Columbia’s long-awaited “pay-to-play” law will take effect on November 9, 2022, after over two years of delay. Under the law, certain entities and individuals will be prohibited from making political contributions to certain government officials. In general, the ban will affect those having or seeking business of $250,000 or more with the city government. The individuals covered generally include senior officers at covered entities.
Wisconsin – Wisconsin Clerks Rush to Rewrite Voting Instructions After Judge Rules Absentee Ballot Drop Boxes Are Illegal
Yahoo News – Patrick Marley (Milwaukee Journal Sentinel) | Published: 1/14/2022
Election clerks around Wisconsin scrambled to rewrite their instructions to voters after a judge ruled absentee ballot drop boxes are not allowed under state law. The ruling by Waukesha County Circuit Court Judge Michael Bohren is likely to be appealed, but for now, clerks are assuming the decision will remain in place. Bohren’s ruling also barred people from returning any absentee ballots other than their own. That means political groups cannot pick up ballots for voters, but also that people cannot return the ballots of their spouses, parents, or neighbors.
January 14, 2022 •
News You Can Use Digest – January 14, 2022
![News You Can Use Digest – January 14, 2022](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal Gaetz’s Ex-Girlfriend Appears Before Grand Jury in Sex Trafficking Probe Seattle Times – Matt Zapotosky (Washington Post) | Published: 1/12/2022 The ex-girlfriend of U.S. Rep. Matt Gaetz appeared before a federal grand jury investigating him for possible sex trafficking of […]
National/Federal
Gaetz’s Ex-Girlfriend Appears Before Grand Jury in Sex Trafficking Probe
Seattle Times – Matt Zapotosky (Washington Post) | Published: 1/12/2022
The ex-girlfriend of U.S. Rep. Matt Gaetz appeared before a federal grand jury investigating him for possible sex trafficking of a minor, a signal the probe remains active more than a year after it began. Investigators are exploring whether Gaetz paid for sex in violation of federal sex-trafficking laws and have been interested in his dealings with a 17-year-old girl, people familiar with the matter have said. The appearance of his ex-girlfriend before a federal grand jury is a potentially ominous sign for Gaetz.
Jerome Powell Says the Fed Will Tighten Trading Rules After an Ethics Scandal
New York Times – Jeanna Smialek | Published: 1/11/2022
Jerome Powell, chairperson of the Federal Reserve, told lawmakers at his nomination hearing that the central bank was making changes to rules surrounding financial trades to prevent the kind of eyebrow-raising transactions surrounding three top Fed officials. The Fed has come under fire for allowing officials to trade securities for their own portfolios in 2020, a year in which the Fed was actively saving many asset classes and markets. That included notable trades by two of the 12 regional reserve bank presidents and the Fed’s vice chair.
Judge Mulls Whether Trump’s Silence on Jan. 6 Could Amount to ‘Agreement’ with Rioters
MSN – Josh Gerstein and Kyle Cheney (Politico) | Published: 1/10/2022
Donald Trump’s hours of silence while a violent mob ransacked the Capitol – egged on by his own words and tweets – could be plausibly construed as agreement with rioters’ actions, a federal judge suggested. U.S. District Court Judge Amit Mehta made the analysis as he pressed Trump’s lawyers about their efforts to dismiss a series of lawsuits against the former president seeking to hold him financially liable for inciting the January 6 insurrection.
Justice Dept. Forms New Domestic Terrorism Unit to Address Growing Threat
MSN – Matt Zapotosky and Devlin Barrett (Washington Post) | Published: 1/11/2022
The Justice Department is forming a new domestic terrorism unit. Matthew Olsen, head of the department’s National Security Division, announced the unit before the Senate Judiciary Committee, noting the number of FBI investigations of suspected domestic violent extremists – those accused of planning or committing crimes in the name of domestic political goals – had more than doubled since the spring of 2020. His testimony comes days after the anniversary of the riot at the Capitol, an event some lawmakers say showed the FBI underestimated the threat posed by domestic extremists and violence-prone members of far-right groups.
Kevin McCarthy Rejects Request by House Jan. 6 Committee for Information About Communications with Trump, Mark Meadows
MSN – Jacueline Alemany and Tom Hamburger (Washington Post) | Published: 1/12/2022
The House select committee investigating the January 6, 2021, attack on the U.S. Capitol requested that House Minority Leader Kevin McCarthy voluntarily provide information about his communications with former President Trump and White House Chief of Staff Mark Meadows. Details of those conversations could provide the committee with further insight into Trump’s state of mind at the time, wrote U.S. Rep. Bennie Thompson, the panel’s chairperson. McCarthy said he will not cooperate, arguing in a statement that its “only objective is to attempt to damage its political opponents.”
Pence and Jan. 6 Committee Engage in High-Stakes Dance Over Testimony
Yahoo News – Michael Schmidt and Alan Feuer (New York Times) | Published: 1/10/2022
Since the House select committee investigating the assault on the Capitol was formed last summer, former Vice President Mike Pence’s lawyer and the panel have been talking about whether he would be willing to speak to investigators. But as Pence began sorting through a complex calculation about his cooperation, he is said to have grown disillusioned with the idea of voluntary cooperation. For the committee, Pence’s testimony would be an opportunity to establish how Donald Trump’s pressuring him to block the certification of the 2020 election helped inspire the storming of the Capitol on January 6, 2021.
Rep. Jim Jordan Refuses to Cooperate with Jan. 6 Committee Investigating Capitol Attack
MSN – Annabelle Timsit (Washington Post) | Published: 1/10/2022
U.S. Rep. Jim Jordan is refusing a request to be interviewed by the House select committee investigating the January 6, 2021, attack on the U.S. Capitol by a pro-Trump mob, calling it an “unprecedented and inappropriate demand.” Jordan declined to comply with the request to appear before the panel to discuss his communication with Trump on the day of the assault. Jordan previously said he could not recall how many times he spoke with Trump on January 6 but they spoke at least once.
Schumer Sets Up Final Senate Confrontation on Voting Rights and the Filibuster
MSN – Mike DeBonis (Washington Post) | Published: 1/12/2022
Senate Majority Leader Charles Schumer prepared Democrats for the final phase of a year-long push to pass voting rights legislation, sketching out legislative maneuvers that could launch debate on a pair of stalled bills and force a confrontation over the Senate’s rules in the coming days. The details of the next steps come as President Biden has launched his own aggressive push to convince his fellow Democrats to band together and overhaul the filibuster to overcome strict GOP opposition to voting rights bills.
The Battle to Prevent Another Jan. 6 Features a New Weapon: The algorithm
MSN – Steven Zeitchik (Washington Post) | Published: 1/6/2022
For many Americans who witnessed the attack on the U.S. Capitol last year, the idea of mobs of people storming a bedrock of democracy was unthinkable. For the data scientists who watched it unfold, the reaction was different: we have been thinking about this for a long time. The sentiment comes from a group working in a field known as unrest prediction. The group takes a promising if fraught approach that applies the complex methods of machine-learning to the mysterious roots of political violence. Centered on the developing world, its systems are slowly being retooled with a new goal: predicting the next January 6.
When Lobbyists and Legislators Socialize, Lobbyists Are More Likely to Get What They Want
MSN – Sara Sadhwani, Pamela Lopez, Christian Grose, and Antoine Yoshinaka | Published: 1/12/2022
Lobbying often takes place off Capitol Hill. Whether it is dinner at the Charlie Palmer steakhouse in Washington, or the hosting of public officials at receptions and bars, lobbying in social situations is a key tool of professional advocates. To explore the impact of social lobbying, researchers conducted an experiment in the California Legislature. They say they found interest groups are more likely to get what they ask for when they meet legislators or their staff socially. Much like everyone else, public officials are more easily persuaded in such settings.
From the States and Municipalities
Arizona – Cyber Ninjas, the Firm Behind the Audit in Arizona’s Maricopa County, Says It’s Closing and Letting All Its Employees Go
Business Insider – Cheryl Teh | Published: 1/7/2022
Cyber Ninjas, the company behind the 2020 election audit in Maricopa County, Arizona, said it was closing and letting all its staff go as it faces staggering daily fines for refusing to turn over public record related to the audit. A judge in Arizona said Cyber Ninjas would be fined $50,000 a day if it did not immediately turn over the records. It is unclear how many employees Cyber Ninjas has on its payroll, though LinkedIn lists its company size as two to 10 employees.
California – Former High-Level Lawyer with L.A. City Attorney Agrees to Plead Guilty in DWP Scandal
MSN – Dakota Smith and David Zahniser (Los Angeles Times) | Published: 1/10/2022
A former high-level lawyer in Los Angeles City Attorney Mike Feuer’s office agreed to plead guilty in the federal corruption probe of the Department of Water and Power (DWP) billing debacle, becoming the first staffer under Feuer to do so. Thomas Pierce agreed to plead guilty to one count of aiding and abetting extortion. In his plea agreement, Pierce admitted he threatened to fire one of the city’s outside lawyers unless that lawyer paid off a person who was threatening to reveal damaging information about city lawyers’ handling of the DWP case.
California – What’s Behind the ‘Great Resignation’ of California Lawmakers?
MSN – Ben Christopher (CalMatters) | Published: 1/10/2022
Propelled by approaching term limits, new district lines, and a raft of political opportunities outside the state Capitol, 14 California lawmakers have sought employment elsewhere. That does not include the seven members, all senators, who are barred from seeking reelection in 2022 by term limits. Some incumbents and lobbyists say this year’s changing of the guard has the potential to shake up the Capitol’s policy-making dynamic.
Colorado – Mesa County Clerk Who Embraced Conspiracy Theories Given 3 Days to Accept Election Security Oversight
Denver Post – Saja Hindi | Published: 1/12/2022
Colorado Secretary of State Jena Griswold wants Mesa County Clerk and Recorder Tina Peters to sign documents saying she will comply with election security protocols that place limits on what she can do before Peters can resume her duties as the county’s designated election official. In October, a judge barred Peters and Deputy Clerk Belinda Knisley from overseeing the 2021 election. Peters has been held up as a prominent figure among election conspiracy theorists who claim the 2020 election was stolen.
Connecticut – Top Prosecutor’s Fate Will Await Completion of Investigation, Judge Says
Connecticut Mirror – Mark Pazniokas | Published: 1/12/2022
The commission with the power to hire and fire top prosecutors in Connecticut is awaiting completion of an investigation of how Chief State’s Attorney Richard Colangelo Jr. came to hire the daughter of a top state budget official while he lobbied the budget office for raises. Colangelo hired Anastasia Diamantis while he was lobbying her father, Kostantinos Diamantis, who was deputy secretary of the Office of Policy and Management before his firing. The state contracted with an outside attorney “to conduct a factual investigation on behalf of the Office of the Governor regarding possible improprieties by state employees and possibly others.”
Delaware – Jury Finds State Sen. Darius Brown Not Guilty of Misdemeanor Charges
Yahoo News – Xerxes Wilson (Delaware News Journal) | Published: 1/6/2022
A jury found Delaware Sen. Darius Brown not guilty of misdemeanor offensive touching and disorderly conduct. The trial saw a woman accuse Brown of hitting her in the head and throwing a glass that shattered in her proximity while they were at a restaurant. Senate President Pro Tempore David Sokola said regardless of whether Brown’s conduct was not criminal, “it remains clear” Brown has been involved in “multiple confrontations in public spaces” over the past year. Sokola said the Senate’s Rules and Ethics Committee will review allegations against Brown in the coming weeks.
Florida – Florida Officials Tried to Steer Education Contract to Former Lawmaker’s Company
Yahoo News – Lawrence Mower and Ana Ceballos (Tampa Bay Times) | Published: 1/11/2022
The Florida Department of Education is under fire for trying to steer a multimillion-dollar contract to a company whose chief executive has ties to the state’s education commissioner. Records and interviews show that before the Education Department asked for bids, it was already in advanced talks with the company to do the work, subverting a process designed to eliminate favoritism. The company is MGT Consulting, led by former lawmaker Trey Traviesa, a longtime colleague of the state’s education commissioner, Richard Corcoran.
Florida – Florida Senate Accuses Lawyer Who Submitted Redistricting Map of Violating Rules
Miami Herald – Mary Ellen Klas | Published: 1/6/2022
The Florida Senate accused a staff attorney for the ACLU of Florida of misinformation after he appeared as a private citizen before a redistricting committee to present a map he had drawn but failed to identify his employer, which had no role in the submission. The Senate changed its rules this year regarding map submissions and now requires anyone who attempts to address legislators in a public meeting to submit a disclosure form that indicates if they are a lobbyist or getting expenses paid. The rules also prohibit lawmakers from considering maps submitted by the public unless a legislator explicitly requested the map in writing.
Florida – FPL Makes Unusual Public Attack on Miami Herald After Solar Power Coverage
MSN – David Ovalle (Miami Herald) | Published: 1/6/2022
Florida Power & Light (FPL) launched an unusual public attack on The Miami Herald and its senior Tallahassee reporter over coverage of the utility company’s lobbying on solar power policy, criticism the newspaper’s top editor called “unfair.” FPL published a piece on its own website criticizing the news organization for not publishing the entirety of an editorial written in response to a Miami Herald story co-authored by Mary Ellen Klas about the company’s role in preparing legislation affecting rooftop solar power generation in Florida. FPL’s post was titled: “Truth Matters: Why is the Miami Herald afraid to let its readers hear opposing voices?”
Georgia – Perdue Sues Over New Georgia Fundraising Law
Yahoo News – Joseph Coi (The Hill) | Published: 1/6/2022
David Perdue’s gubernatorial campaign filed a lawsuit challenging a state law that critics say gives Georgia Gov. Brian Kemp an advantage in the race. Last year, Kemp signed Senate Bill 221 into law, allowing those vying for governor, lieutenant governor, and party leadership roles to create “leadership committees” with no caps on individual campaign contributions. The law also does away with limits on when committees can raise money. Critics have argued it gives incumbent candidates an unfair advantage, as nonincumbent candidates must win a party primary before they can establish a leadership committee.
Idaho – Idaho Statehouse Security: Is the ‘people’s house’ a safe place for the people?
KPVI – Clark Corbin (Idaho Capital Sun) | Published: 1/9/2022
Political organizer Alicia Abbott worries that members of the public will not feel comfortable or safe at the Idaho Capitol, whether it is due to the anger or crowds or lack of COVID-19 protocols like masking and distancing. She is concerned that would rob people of their ability to participate in the legislative process and could limit the perspective of public testimony presented to lawmakers during bill hearings. Abbott is not the only one who is worried about the potential for violence and politics to clash.
Iowa – Republican Leadership Bars Journalists from Iowa Senate Floor, Worrying Press Advocates
MSN – Kim Bellware (Washington Post) | Published: 1/8/2022
Republican leaders in the state Senate told journalists they will no longer be allowed to work on the chamber floor, a change that breaks with a more than 140-year tradition in the Iowa Capitol. The move raised concerns among free press and freedom of information advocates who said it is a blow to transparency and open government that makes it harder for the public to understand, let alone scrutinize, elected officials. The new rule denies reporters access to the press benches near senators’ desks, a proximity that statehouse reporters said is crucial for the most accurate coverage.
Kentucky – Senate Bill Would Block State Contracts If Bidders’ Lobbyists Are Convicted of Crimes
Yahoo News – John Cheves (Lexington Herald-Leader) | Published: 1/10/2022
A Kentucky Senate bill would block state contracts from going to companies for five years after their lobbyists are convicted of crimes related to helping those companies win those contracts. If the language in Senate Bill 46 sounds specific, that is because the sponsor has in mind a particular contract and a particular lobbyist and particular crimes. Sen. Stephen Meredith said he objects to a $51.7 million contract renewal awarded by the Kentucky Personnel Cabinet in 2020 to Cannon Cochran Management Services.
Maryland – Howard County Council Member Outraged by Denial of Matching Campaign Funds, Calling It Political Manipulation
MSN – Katie Long (Baltimore Sun) | Published: 1/12/2022
A technicality in the law resulted in Howard County candidates being denied matching campaign funds this election season. To be eligible for up to $85,000 in matching funds, county council candidates must collect at least $10,000 from at least 125 donations. These funds are only available for candidates in contested races, meaning at least two candidates’ names must appear on the ballot. The rules also state the determination date for when a race is “contested” is six months prior to the state filing deadline. This language is what resulted in the withholding of funds from council member Deb Jung.
Michigan – Judge Tosses GOP Challenge to Exception for Recall Donations
MSN – David Eggers (Associated Press) | Published: 1/6/2022
A federal judge dismissed Republicans’ lawsuit challenging the ability of Michigan Gov. Gretchen Whitmer’s reelection campaign to collect excess donations under an exception for recall attempts, saying they lack the standing to sue. U.S. District Court Judge Janet Neff ruled state GOP Chairperson Ron Weiser and the party failed to show they had suffered a “concrete and particularized injury.” She also said they could have given unlimited amounts to recall committees opposing the Democratic governor but did not. Republicans said they would appeal.
Montana – Montana Conservation Voters Action Fund Facing Fine for Campaign Finance Violations
Helena Independent Record – Nolan Lister | Published: 1/12/2022
Montana Conservation Voters Action Fund is facing a fine for failing to file reports on its spending in municipal elections in Helena, Missoula, and Billings last year. As a registered political committee, the group is permitted to engage in these actions. But it failed to report its expenses as required. “Unfortunately, our vendor failed to submit the required reports related to our work …,” said Jake Brown, the organization’s political director.
New Mexico – New Mexico Ethics Commission to Consider Charges Against Dow
Yahoo News – Robert Nott (Santa Fe New Mexican) | Published: 1/10/2022
The general counsel for the State Ethics Commission recommended a public hearing to determine whether New Mexico Rep. Rebecca Dow, a GOP candidate for governor in the June primary, violated government conduct and financial disclosure rules in connection with her work for a nonprofit she founded, AppleTree Educational Center, a faith-based early childhood education provider. A complaint raised questions about whether Dow accurately disclosed details about her position and salary with AppleTree. It also said there is evidence she may have used her legislative position to advocate for the nonprofit.
New Mexico – Public Financing the Common Factor for Winners of ABQ Campaigns in 2021
Albuquerque Journal – Jessica Dyer | Published: 1/9/2022
Whether Republican or Democrat, incumbent or political newcomer, every candidate who won a position in Albuquerque’s municipal government during the 2021 election cycle had at least one thing in common: all ran for office on the city’s public financing system. But the program that has fueled so many recent election wins also continues to fuel controversy and doubt.
New York – Cuomo Lawyer Fires Warning at Ethics Agency
Albany Times Union – Chris Bragg | Published: 1/12/2022
An attorney representing former Gov. Andrew Cuomo notified New York’s ethics oversight panel that it is to preserve “all evidence and documentation” concerning its efforts to force Cuomo to repay $5.1 million in proceeds from a 2020 book deal. The letter appears to be a warning shot to the Joint Commission on Public Ethics that if the panel continues attempts to force Cuomo to repay the funds that he earned from writing the book, Cuomo will sue. Cuomo will also seek to dig into the panel’s own machinations.
New York – Eric Adams Cuts His Brother’s Duties After Giving Him Top Police Job
New York Times – Dana Rubenstein and William Rashbaum | Published: 1/12/2022
When Mayor Eric Adams named a Virginia parking administrator and retired police sergeant to a top position in the New York Police Department, he said the man had one qualification that no one else there possessed: he was the mayor’s brother. Bernard Adams, 56, a former police sergeant who retired from the force in 2006 after 20 years, has been given one of the most elite jobs in city government: overseeing the unit that will protect the mayor’s physical safety. The mayor’s fundraising tactics have, tested the boundaries of campaign finance and law, and the hiring has amplified concerns that Mayor Adams pays too little heed to ethics.
New York – GOP Sues Over Law Letting Noncitizens Vote in NYC Elections
MSN – Marina Vileneuve (Associated Press) | Published: 1/10/2022
Republicans sued to prevent noncitizens from voting in New York City elections under a new local law that allows more than 800,000 noncitizens and “Dreamers” in New York City to vote in municipal elections as early as next year. They still cannot vote for president or members of Congress or in statewide elections. Republicans said the law violates the state constitution, which says, “every citizen shall be entitled to vote at every election” provided a citizen is at least 18 years old and a “resident of this state” and the locality for 30 days before an election.
New York – Hochul Moves to Scrap Much-Criticized Ethics Agency
Buffalo News – Tom Precious | Published: 1/7/2022
New York Gov. Kathy Hochul proposed reforms for the Joint Commission on Public Integrity (JCOPE). She would get rid of the system by which JCOPE board members are selected. Board members are now chosen by the governor and legislative leaders. Hochul wants a rotating five-member panel of law school deans – or, more likely, their designees – from the 15 state-accredited law schools in New York. Hochul also would scrap the special voting system JCOPE can now employ in which a minority of members can end an investigation. The reconstituted agency would still be the reporting and enforcement entity of the lobbying industry in Albany.
New York – Hochul’s Taxpayer-Funded Air Travel May Violate Ethics Rules
Albany Times Union – Chris Bragg | Published: 1/6/2022
On October 4, Gov. Kathy Hochul flew from Albany to New York City on a state-owned airplane. She went to Brooklyn to sign a bill, then held three campaign-related events before flying back to Albany in the evening. Although a major part of the day was dedicated to Hochul winning a full term in November’s election, her campaign did not reimburse taxpayers for any portion of the day’s travel. During Hochul’s first 45 days in office, on at least three separate days, the governor’s use of state aircraft has raised questions about whether there has been any misuse of taxpayer resources, according to a review of public records.
North Carolina – North Carolina Court Declines to Toss Out GOP-Drawn House Map
Yahoo News – Ally Mutnick (Politico) | Published: 1/11/2022
A North Carolina trial court dealt a setback to Democrats when it declined to strike down Republican-drawn congressional and legislative maps that had been challenged as illegal partisan gerrymanders. The ruling is the latest in a flurry of litigation and court orders muddying North Carolina’s 2022 elections and leaving its political future for the next decade in limbo. The Democratic-aligned plaintiffs who brought the suit immediately said they will appeal to the state Supreme Court, where their party has a narrow majority.
Ohio – Campaign Finance Watchdog Sues FEC Over Ohio Dark Money Group
Ohio Capital Journal – Nick Evans | Published: 1/11/2022
Two years ago, Citizens for Responsibility and Ethics in Washington (CREW) filed an FEC complaint against an Ohio-based “dark money” group called Freedom Vote. Attorneys with the FEC investigated and demonstrated violations occurred but the commission deadlocked. CREW has filed a new complaint, this time against the FEC itself. That is because despite an overwhelming set of evidence, commissioners failed to act against Freedom Vote. The commission deadlocked last November on whether to move forward with any kind of punishment.
Ohio – Ohio’s House Bill 6 Scandal Widened in 2021, but More Is Yet to Come in 2022
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 12/30/2021
Ohio’s House Bill 6 scandal took on a new dimension in 2021, with FirstEnergy Corp. paying a $230 million fine for bribing top state officials, lawmakers passing a partial repeal of the infamous energy law, and ex- House Speaker Larry Householder being kicked out of the Legislature. There is more to come in 2022, as Householder’s upcoming trial on a federal corruption charge, as well as multiple civil lawsuits, are likely to reveal even more scandalous details about the passage of the legislation.
Oregon – Secretary of State Rules Kristof Ineligible to Run for Oregon Governor
Yahoo News – Connor Radnovich (Salem Statesman-Journal) | Published: 1/6/2022
Former New York Times columnist Nicholas Kristof cannot run for Oregon governor because he does not meet the residency requirements to hold office, the secretary of state’s office announced. The state constitution requires a candidate for governor to have been a “resident within this state” for three years prior to the general election. Evidence reviewed by elections officials showed Kristof was instead a resident of New York until late 2020 or early 2021.
Tennessee – Nashville Council Member Jonathan Hall Faces 14 Potential Campaign Finance Violations
MSN – Cassandra Stephenson (The Tennessean) | Published: 1/7/2022
Metropolitan Councilperson Jonathan Hall faces more than a dozen potential campaign finance violations that could lead to an audit or civil penalties. Hall failed to file multiple mandatory financial reports on time, or at all, during election cycles in 2018 and 2019, according to a letter sent from Bureau of Ethics and Campaign Finance Executive Director Bill Young. Of the financial reports that Hall’s campaign did file, some lack required donor and vendor information and itemization of expenses. Some contain unexplained discrepancies deemed “troubling” by Assistant District Attorney General Brian Ewald.
Washington – A Rural Washington School Board Race Shows How Far-Right Extremists Are Shifting to Local Power
Seattle Times – Hannah Allam (Washington Post) | Published: 1/8/2022
In recent years, far-right groups have been moving away from national organizing to focus on building grassroots support, harnessing conservative outrage to influence school boards and other local offices. That effort was stepped up after the attack on the U.S. Capitol left much of the militant right under federal scrutiny and in operational disarray. Eatonville, Washington, is among several rural, conservative parts of the West where members of self-styled militias are making inroads through what researchers call a mix of opportunism and intimidation.
Wisconsin – Supreme Court Clears Way for Liberal Group to Depose Assembly Speaker Robin Vos
Yahoo News – Patrick Marley (Milwaukee Journal Sentinel) | Published: 1/11/2022
The Wisconsin Supreme Court ended Assembly Speaker Robin Vos’ attempt to avoid a deposition, setting the stage for him to take questions under oath over whether he has followed the state’s open records law. He sought to avoid answering questions from the liberal group American Oversight, which has been seeking records of a partisan review of the 2020 election ordered by Vos.
January 7, 2022 •
News You Can Use Digest – January 7, 2021
![News You Can Use Digest – January 7, 2021](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal Bureau of Prisons Director to Resign After Scandal-Plagued Tenure During Pandemic MSN – Brian Pietsch and Matt Zapotosky (Washington Post) | Published: 1/6/2022 Michael Carvajal, the director of the U.S. Bureau of Prisons whose tenure at the agency was marred […]
National/Federal
Bureau of Prisons Director to Resign After Scandal-Plagued Tenure During Pandemic
MSN – Brian Pietsch and Matt Zapotosky (Washington Post) | Published: 1/6/2022
Michael Carvajal, the director of the U.S. Bureau of Prisons whose tenure at the agency was marred by scandals and pandemic-induced struggles, will resign after nearly two years in the top position. In November, U.S. Sen. Richard Durbin called on Attorney General Merrick Garland to fire Carvajal after an investigation by the Associated Press found the Bureau of Prisons was a “hotbed of abuse, graft, and corruption [that] has turned a blind eye to employees accused of misconduct.”
Complaint Could Roil DOJ Foreign-Agent Prosecutions
Yahoo News – Josh Gerstein (Politico) | Published: 12/31/2021
A new legal ethics complaint from a businessperson charged in a prosecution involving unregistered foreign lobbying threatens to roil two major cases in the Justice Department’s effort to crack down on foreign influence in the U.S. political system. The complaint was filed with the Justice Department on behalf of Nickie Lum Davis. The submission alleges Public Integrity Section Principal Deputy Chief John Keller acted unethically by negotiating a plea deal with Davis’ attorney at the time, Abbe Lowell, while Keller was investigating Lowell in a separate inquiry into what a judge called a “bribery for pardon” probe.
Ethics Investigators in Congress Increasingly Run into Walls
San Juan Daily Star – Luke Broadwater (New York Times) | Published: 12/30/2021
As U.S. House ethics investigators were examining four cases this fall detailing a sweeping array of improper financial conduct by lawmakers, they ran into an obstacle: two of the lawmakers under scrutiny refused to meet with them or provide documents. The investigators were not surprised. Over the past decade, fewer and fewer House members have been willing to cooperate with congressional investigations, a development that ethics experts warn could reduce accountability for misdeeds and erode trust in the institution of Congress.
Facebook Groups Topped 10,000 Daily Attacks on Election Before Jan. 6, Analysis Shows
Anchorage Daily News – Craig Silverman, Craig Timberg, Jeff Kao, and Jeremy Merrill (Washington Post) | Published: 1/4/2022
Facebook groups swelled with at least 650,000 posts attacking the legitimacy of Joe Biden’s victory between Election Day and the January 6 siege of the U.S. Capitol, with many calling for executions or other political violence. The barrage, averaging at least 10,000 posts a day, turned the groups into incubators for the baseless claims supporters of then-President Trump voiced as they stormed the Capitol, demanding he get a second term. Many posts portrayed Biden’s election as the result of widespread fraud that required extraordinary action, including the use of force, to prevent the nation from falling into the hands of traitors.
Fear, Anger and Trauma: How the Jan. 6 attack changed Congress
MSN – Paul Kane, Mariana Sotomayor, and Jacqueline Alemany (Washington Post) | Published: 1/3/2022
A year after the insurrection at the U.S. Capitol, the House of Representatives can still look like a crime scene. Five metal detectors ring the outer doors to prevent weapons from getting onto the chamber floor. The trauma and fear from last year’s attack continue throughout the Capitol. Some lawmakers and staff continue to receive help from counselors to deal with post-traumatic stress. Shouting matches are common occurrences, with the potential for actual physical confrontation lingering. Interviews revealed a Congress that remains on edge and where worries about more violence are front of mind for many.
Garland: DOJ will hold those responsible for Jan. 6 riot accountable, whether they were present or committed other crimes
MSN – Matt Zapotosky and Devlin Barrett (Washington Post) | Published: 1/5/2022
Attorney General Merrick Garland vowed to hold all those responsible for the January 6 riot accountable, whether they were at the Capitol or committed other crimes surrounding the day’s events, saying investigators are methodically building more complicated and serious cases and would prosecute people “at any level.” Garland’s remarks came as he faces pressure to do and say more about the investigation, and to focus more acutely on the actions of former President Trump and his associates.
GOP Election Reviews Face Battleground State Legal Tests
Yahoo News – Zach Montellaro (Politico) | Published: 1/6/2022
Republicans running partisan reviews of the 2020 election results and Democrats trying to stop them are barreling toward court showdowns in two key swing states. Republican-led legislative chambers in Pennsylvania and Wisconsin are still forging ahead with investigations similar to earlier efforts in states such as Arizona, looking for evidence of fraud or other malfeasance in the vote. Election experts have warned that the reviews are a political vehicle for former President Trump and his followers to launder their conspiratorial beliefs about his loss into the mainstream under the guise of government investigation.
House Panel Asks Sean Hannity of Fox News to Cooperate in Jan. 6 Inquiry
New York Times – Michael Grynbaum and Luke Broadwater | Published: 1/4/2022
The House committee investigating the January 6 attack on the U.S. Capitol has requested that Sean Hannity, the Fox News host, respond to questions about his communications with former President Donald Trump and his staff in the days surrounding the riot. The committee detailed a series of text messages between the conservative host and senior officials in the Trump White House, illustrating Hannity’s unusually elevated role as an outside adviser to the administration. The texts suggest Hannity was aware of, and concerned about, what Trump was planning for January 6, and bracing for a possible mass resignation of top White House lawyers as a result.
Jan. 6 Committee Slams Trump Bid for Supreme Court Detour on Records Subpoena
Courthouse News Service – Kelsey Reichmann | Published: 12/30/2021
The committee investigating the January 6 riot at the U.S. Capitol urged the Supreme Court to deny a last-ditch effort from former President Trump to block congressional oversight of his records from the day. The opposition brief notes it was Trump who invited his supporters to the nation’s capital for an event and then encouraged them to march on the Capitol building, after the failure of his other efforts to overturn the 2020 election. Pointing to the landmark 1977 case that forced disclosure of the Nixon tapes, the committee contends Trump has only personal disagreement with the accurate application of precedent by the lower courts.
Nonfungible Tokens the New Fad for Campaign Fundraising
MSN – Gopal Ratnam (Roll Call) | Published: 1/4/2022
Some candidates are offering nonfungible tokens (NFTs) as part of their campaign fundraising. NFTs are a type of digital asset that may include things like posters, book covers, and sports cards and are identified by a unique code. Unlike cryptocurrencies, NFTs cannot be used in commercial transactions. Just as candidates seeking to raise money have always tapped into the hype of new technologies, the fascination with NFTs may be driven by its novelty, said Josh White of Vanderbilt University. If candidates allow donors to pay for NFTs using cryptocurrency, then it could open the door to campaign contributions from unknown donors, White said.
PAC Giving Continues to Give Some Companies Pause
MSN – Kate Ackley (Roll Call) | Published: 1/5/2022
After the violent attack on the Capitol one year ago, dozens of corporate PACs made the unusual move of turning off their political donations. Most resumed their giving within months. But a few will withhold donations to the 147 Republican members of Congress who voted against certifying Joe Biden’s victory in the Electoral College, at least through the 2022 midterm election cycle. The companies may be relying on other avenues of political influence, such as outside lobbyists to build connections with those members and their aides.
They Stormed the Capitol. Now They’re Running for Office.
Politico – Brittany Gibson | Published: 1/5/2022
The Jan. 6 storming of the Capitol is remembered as one of the darkest and most shameful episodes in American history. But at least 57 individuals who played a role in that day’s events – either by attending the rally that preceded the riots, gathering at the Capitol steps, or breaching the Capitol itself – are now running for elected office. Rather than disqualifying them from public service, the events appear to have served as a political springboard for dozens of Republicans who will be on the ballot this year for federal, state, and local offices.
Twitter Permanently Suspends Rep. Marjorie Taylor Greene’s Personal Account Over Covid-19 Misinformation
Yahoo Finance – Yelena Dzhanova and John Dorman (Business Insider) | Published: 1/2/2022
Twitter permanently suspended U.S. Rep. Marjorie Taylor Greene’s personal account for spreading COVID-19 misinformation. Only weeks after assuming office, Greene was stripped of her committee assignments, an extraordinary move taken by the Democratic-controlled House after Greene promoted a range of conspiracy theories and endorsed political violence on social media.
From the States and Municipalities
Alabama – 2-Week Campaign Fundraising ‘Blackout’ Starts Tuesday
Alabama Daily News – Mary Shell | Published: 1/6/2022
January 11 is the start of the legislative session in Alabama and a short “blackout” window in which candidates for state office cannot raise funds while lawmakers are meeting in Montgomery. In theory, the window keeps sitting legislators from accepting money while they are voting on bills. In practice, it now only covers about two of the possible 15 weeks of session. “It’s just stupid,” Rep. Mike Ball, chairperson of the House Ethics and Campaign Finance Committee, said about the blackout.
Alaska – Alaska Legislative Ethics Committee Tells Eagle River Lawmaker to Stop Blocking Critics on Facebook
Anchorage Daily News – James Brooks | Published: 12/27/2021
An Alaska legislative ethics committee concluded Sen. Lora Reinbold violated state law by blocking a critic from commenting on her legislative Facebook page. In part because the Legislature has not updated its social media policies since 2011, the committee recommended no punishment. The complaint was filed by Rick Sinnott, a retired Fish and Game biologist who challenged Reinbold’s statements about COVID-19 but saw those comments removed and himself banned from her page.
Arizona – Arizona Secretary of State’s Online Signature-Gathering System Breaks After Redistricting
Tucson Sentinel – Jeremy Duda (Arizona Mirror) | Published: 1/5/2022
Voters who want to sign online petitions and the candidates who need those signatures to get their names on the ballot this November are being thwarted by a glitch in the Arizona secretary of state’s system caused by the redistricting process. In counties that are overseeing springtime municipal elections, the glitch likely will not be fixed until nearly the deadline for candidates to file signatures so they can appear on the ballot.
Arizona – GOP Officials in Arizona’s Largest County Confirm 2020 Election Was Secure in Rebuttal to Trump Claims
MSN – Rosalind Helderman (Washington Post) | Published: 1/5/2022
The November 2020 election in Arizona’s largest county was administered properly and not marred by fraud, the Republican-led local government concluded in a report. The document debunks, one by one, vague allegations of potential problems previously identified by the GOP-led state Senate and championed by former President Trump and his allies. Maricopa County officials said the rebuttal, released on the eve of the anniversary of the January 6 attack on the U.S. Capitol, was intended to highlight the ongoing dangers of unfounded claims of mass election fraud.
California – San Diego Publishes a Beginner’s Guide to Participating in City Lawmaking
San Diego Union Tribune – Morgan Cook | Published: 12/31/2021
Do you want to get involved in making and changing laws in San Diego, but are not sure how? There is a brochure for that. The city created “Making a Difference: A Beginners Guide to Affecting Municipal Laws in the City of San Diego” to help residents participate in local government. The pamphlet is available on the city clerk’s website. Included in the guide is information about lobbying rules, making public comments at council and committee meetings, and suggesting ballot proposals.
Colorado – Failed Colorado Congressional Candidates Still Have Lots of Campaign Money. Here’s Why.
Durango Herald – Jesse Paul and Sandra Fish (Colorado Sun) | Published: 12/28/2021
When U.S. Sen. Cory Gardner of Colorado lost his 2020 reelection bid, his campaign still had $1.2 million in the bank. Nearly a year later, most of the money was still there. Gardner’s leftover campaign cash is not unusual, however. When a candidate ends a congressional bid, they can choose to close their accounts or keep the money with an eye toward the future and sometimes another campaign, which the dollars can be used toward. Political consultant Tyler Sandberg said there is no uniform reason campaigns keep their leftover cash. “But people don’t leave that money out there for no reason – there’s always a strategy behind it,” Sandberg said.
Delaware – New Law Could Give Campaign Finance Scofflaws a Big Break
MSN – Randall Chase (Associated Press) | Published: 12/27/2021
Delaware election officials have failed to act as mandated by law against candidates and committees who have not filed required campaign finance reports, but the scofflaws could escape liability under a new law that became effective January 1. Candidates and committees owed more than $623,000 in fines for failing to file campaign finance reports on time. The Department of Elections appears to have done little to collect the outstanding fines or to enforce the reporting requirements. The new law eliminates the mandatory $50 daily fine and instead says the commissioner “may” issue a citation.
Delaware – Sen. Darius Brown’s Criminal Trial Starts Wednesday After Misdemeanor Arrest in May
Yahoo News – Sarah Garland (Delaware News Journal) | Published: 1/5/2022
The trial of Delaware Sen. Darius Brown began in a case that has revealed inconsistencies in how lawmakers are treated and could end Brown’s legislative career. Delaware State Police charged Brown with offensive touching and disorderly conduct after police said the senator punched an acquaintance and threw a glass of water in a restaurant. In the General Assembly, Brown has faced multiple punishments for the arrest and a separate incident where he allegedly got into a verbal altercation with Rep. Melissa Minor-Brown. The Senate plans to conduct its first ethics inquiry in 35 years into Brown’s behavior.
Florida – Clearwater Art Exhibit Used Trash to Make a Point, Then Questions Arose
Yahoo News – Tracey McManus (Tampa Bay Times) | Published: 1/4/2022
Citizens can visit nine locations throughout Clearwater to see garbage transformed into art. Lina Teixeira, a city council candidate, organized the exhibit, in which she and eight others created artwork using cigarette butts, plastic bottles, and other trash that had been collected during a community-wide cleanup. But the project also created an ethical mess. Teixeira received a $6,000 grant from the Downtown Development Board. She said her portion covered a fraction of her costs to install and market the exhibit. “As a city council candidate, does her request to use city facilities as display sites represent a conflict of interest?” Clearwater cultural affairs coordinator Chris Hubbard asked City Attorney David Margolis in an email.
Florida – Gov. Ron DeSantis Moves Jacksonville News Conference After Protest and Handcuffing of Community Leader
Yahoo News – Dan Scanlan (Florida Times-Union) | Published: 1/4/2022
Florida Gov. Ron DeSantis had to make new arrangements for his recent news conference in Jacksonville after a handful of people protested and refused to leave the Duval County Department of Health building. Activist Ben Frazier was detained by officers after being warned he was trespassing if he would not leave as asked. He was handcuffed and escorted from his motorized wheelchair to a patrol vehicle. The governor’s staff said the event was private and for credentialed media only.
Florida – Miami-Dade Prosecutors Target Prominent Political Consultants in Sham Candidate Case
Bakersfield Californian – Samantha Gross, Ana Ceballos, and David Ovalle (Miami Herald) | Published: 1/5/2022
Prosecutors appear to be targeting prominent Republican and Democratic operatives in Florida for potential criminal charges stemming from a 2020 Miami-Dade County election scheme marked by sham candidates. The criminal case is focused on whether former Sen. Frank Artiles paid an auto-parts dealer who shared the same surname as the Democratic incumbent more than $40,000 to run as a no-party candidate in the race for Senate District 37 to “confuse voters and influence the outcome” of the 2020 election, according to his arrest affidavit.
Hawaii – Former Solar Executive Will Head Ethics Commission
Honolulu Civil Beat – Stewart Yerton | Published: 1/3/2022
Robert Harris, a former Sierra Club director and corporate lawyer, was selected executive director and general counsel of the Hawaii State Ethics Commission. For the past eight years, Harris has been the director of public policy at Sunrun, a solar energy company.
Illinois – As Federal Case Still Orbits Madigan, What’s Next for the ComEd Bribery Probe?
Bloomington Pantagraph – Jason Meisner (Chicago Tribune) | Published: 1/3/2022
It is Illinois’ biggest federal corruption investigation in years, but the most remarkable thing about the Commonwealth Edison (ComEd) bribery probe in 2021 might be what did not happen. At the beginning of the year, Michael Madigan, the then-powerful House speaker whose grip on the General Assembly was exposed as “Public Official A” in the ComEd scandal and again in a postelection indictment of a key player and others alleging ComEd paid bribes to win his influence. With the grand jury investigation still open, 2022 is certain to bring more speculation over whether Madigan will ever be charged. He has repeatedly denied wrongdoing.
Indiana – These Special Interest Groups Spend the Most on Lobbying Indiana Lawmakers
Indianapolis Star – Tony Cook | Published: 1/3/2022
Special interests spent more than $115 million over the past five years on lobbying to influence the Indiana General Assembly. The biggest spenders have a deeply vested financial interest in what happens at the Capitol. The biggest spender was telecommunications giant AT&T. The phone and internet service provider spent more than $1.7 million on lobbying over the past five years.
Kentucky – Convicted Former Top KY Democrat Makes a Case for U.S. Supreme Court Consideration
Lexington Herald-Leader – Austin Horn | Published: 12/31/2021
A month after he reported to prison, prominent businessperson and former Kentucky Democratic Party chief Jerry Lundergan asked the U.S. Supreme Court to consider overturning his conviction for illegally funneling $200,000 to his daughter’s political campaign. The petition states the federal ban on corporate contributions is unconstitutional when applied to donations from a close family member, as Lundergan gave the money to his daughter Alison Lundergan Grimes in her 2014 challenge against U.S. Sen. Mitch McConnell.
Maryland – Omicron Scrambles Lawmakers’ Pre-Session Fundraisers
Maryland Matters – Josh Kurtz | Published: 1/3/2022
For Maryland lawmakers, there is always a fundraising scramble in early January leading up to the start of the General Assembly session, when a 90-day blackout on raising money kicks in for state legislators, the governor, lieutenant governor, attorney general, and comptroller. According to lists of political events supplied by three Annapolis lobbying firms, at least 55 fundraisers for state lawmakers are on tap, including one hours before the annual legislative session begins on January 12. But COVID-19 has changed everything.
Michigan – Feds Demand Ex-Detroit Councilman Spivey Get Stiff Prison Sentence
Detroit News – Robert Snell | Published: 1/5/2022
Prosecutors said former Detroit City Councilperson André Spivey should spend more than three years in federal prison for pocketing more than $35,000 in bribes and sacrificing the best interests of city residents. They asked that Spivey be sentenced to 40 months for receiving bribes from a towing industry official who was seeking favors and trying to buy the council member’s vote. He received the money on eight separate occasions during a five-year period. Spivey is the highest-ranking person convicted in an ongoing crackdown on public corruption within city government and the police department.
Michigan – Ungerrymandered: Michigan’s maps, independently drawn, set up fair fight
MSN – Nick Corasaniti (New York Times) | Published: 12/29/2021
One of the country’s most gerrymandered political maps has suddenly been replaced by one of the fairest. A decade after Michigan Republicans gave themselves seemingly impregnable majorities in the state Legislature by drawing districts that heavily favored their party, a new independent commission approved maps that create districts so competitive that Democrats have a chance of recapturing the state Senate for the first time since 1984. The work of the new commission stands in contrast to the type of hyper-partisan gerrymandering that has swept much of the country, and it may highlight a potential path to undoing such gerrymandering.
New Mexico – Ethics Agency Calls for Firmer Disclosure Laws
Yahoo News – Dan McKay (Albuquerque Journal) | Published: 1/2/2022
The New Mexico Ethics Commission is recommending increased transparency requirements for lobbyists, such as disclosure of what bills they are working on and the provisions they are advocating for or against. State lawmakers, a handful of whom are married to lobbyists, would also have to disclose before voting if any family member lobbied on a bill. The commission is also proposing that lawmakers release more information about their sources of income and business relationships. the recommendations are designed to shed more light on potential conflicts at the Capitol.
New York – Hochul Charts New York’s Recovery in First State of State Speech
New York Times – Luis Ferré-Sadurní and Grace Ashford | Published: 1/5/2022
In her first State of the State address, Gov. Kathy Hochul outlined her vision for shepherding New York through its recovery from the coronavirus pandemic, while vowing to open a new chapter of ethical, more transparent government. Hochul faces a contested Democratic primary in June, her first election since she unexpectedly ascended to the state’s highest job after former Gov. Andrew Cuomo resigned in August. She positioned herself as a champion of good government, proposing to overhaul the state ethics commission.
New York – Internal Strife Engulfs New York’s Ethics Panel
Albany Times Union – Brendan Lyons | Published: 12/30/2021
The internal strife within the New York Joint Commission on Public Ethics (JCOPE) follows years of criticism by many lawmakers, and some commissioners, about its alleged unwillingness to pursue meaningful investigations of top government officials, including former Gov. Andrew Cuomo. Gov. Kathy Hochul has suggested the panel needs to be disbanded and replaced by an ethics body whose members are not appointed by the governor or other top lawmakers.
New York – Over 4 Months, Hochul’s Office Discloses No Meetings with Lobbyists
Albany Times Union – Chris Bragg | Published: 12/28/2021
In the four months since Kathy Hochul became governor of New York, a public database, Project Sunlight, has not listed a single meeting between her administration and interests seeking to influence policymaking. Lobbyists themselves, however, reported having more than 200 instances of directly lobbying Hochul’s office on behalf of various interests in September and October that concerned regulations, rate making, and procurement – all topics covered by a 2011 disclosure law.
New York – Trump, Ivanka, Don Jr. Subpoenaed in New York AG’s Probe
Yahoo News – Michael Sisak (Associated Press) | Published: 1/3/2022
The New York attorney general’s office subpoenaed former President Trump and his two eldest children, Ivanka and Donald Trump Jr., demanding their testimony in an investigation into the family’s business practices. Attorney General Letitia James’ office said the subpoenas are part of a civil probe involving matters including “the valuation of properties owned or controlled” by Trump and his company. Lawyers for the Trumps filed court papers to block the subpoenas, accusing James of attempting to obtain testimony that could then be used against the Trumps in a parallel criminal investigation being overseen by Manhattan District Attorney Alvin Bragg.
North Dakota – AG Opinion Gives Clarification to North Dakota Ethics Panel
Bismarck Tribune – Jack Dura | Published: 12/30/2021
North Dakota Attorney General Wayne Stenehjem concluded that a crucial section of the state constitution’s ethics amendment appears constitutional. His opinion gives clarification to the state Ethics Commission on its path in making rules for conflicts-of-interest. The language deals with state officials avoiding the appearance of bias and disqualifying themselves from “quasi-judicial” proceedings, such as members of the Public Service Commission, when campaign contributions create a perceived bias. It takes effect in 2022.
Ohio – From Pancaking and Coingate to ECOT and House Bill 6: 50 years of Ohio public corruption cases
Yahoo News – Laura Bischoff (Columbus Dispatch) | Published: 12/29/2021
Ohio is embroiled in the biggest public corruption case in state history and the largest open inquiry in any statehouse in the country. In June 2021, lawmakers expelled Larry Householder from his legislative seat, nearly a year after he was charged in a federal racketeering case. Householder, who was investigated by federal authorities two decades ago during his first stint as speaker, has pleaded not guilty. The racketeering case is expected to go to trial in 2022. But he is far from the first public official to be embroiled in scandal.
Pennsylvania – Pa. Court Rules Against Former Pittsburgh Councilwoman Darlene Harris in Campaign Finance Case
Pittsburgh Tribune-Review – Paula Reed Ward | Published: 12/28/2021
A state appellate court ruled former Pittsburgh City Councilperson Darlene Harris must pay fines levied against her for failing to file financial disclosure reports during her campaign in 2019. The Commonwealth Court found the $4,150 fine levied against Harris was not excessive and was properly authorized. The ordinance, enacted by the city in 2015, requires candidates for office to provide a campaign finance report on the first business day of each of three months leading up to Election Day.
Rhode Island – GOP Rhode Island Lawmaker Under Fire for Suggesting She Lost a Black Friend to Critical Race Theory
The Day – Timothy Bella (Washington Post) | Published: 12/29/2021
Rhode Island Rep. Patricia Morgan is facing backlash after suggesting critical race theory cost her a friendship. “I had a Black friend. I liked her and I think she liked me, too,” tweeted Morgan. “But now she is hostile and unpleasant. I am sure I didn’t do anything to her, except be White.” The tweet was met with criticism from state Republicans and Democrats who called her comments “ignorant and embarrassing.” Her message also spawned the hashtag #IHadAWhiteFriend, with commenters giving serious and satirical examples of the gap in shared experiences between Black and White people.
South Carolina – Eyeing Corruption Scandals, Gov. McMaster Puts Ethics on the Agenda for 2022
Greenwood Index-Journal – Avery Wilks (Charleston Post and Courier) | Published: 1/5/2022
South Carolina Gov. Henry McMaster wants to beef up a pair of watchdogs that investigate government misconduct, make the state’s scandal-scarred sheriffs attend ethics training, and shine more light on special interests that secretly influence city and county councils. The governor will package those proposals into his soon-to-be-unveiled executive budget, calling on lawmakers to spend some $3.4 million more per year on measures meant to repair South Carolinians’ faith in their government.
December 24, 2021 •
News You Can Use Digest – December 24, 2021
![News You Can Use Digest – December 24, 2021](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal A Retired Colonel’s Unlikely Role in Pushing Baseless Election Claims MSN – Alan Feuer (New York Times) | Published: 12/21/2021 After President Biden’s inauguration, a former Army colonel with a background in information warfare appeared on a Christian conservative podcast […]
National/Federal
A Retired Colonel’s Unlikely Role in Pushing Baseless Election Claims
MSN – Alan Feuer (New York Times) | Published: 12/21/2021
After President Biden’s inauguration, a former Army colonel with a background in information warfare appeared on a Christian conservative podcast and offered a detailed account of his monthslong effort to challenge the validity of the 2020 vote count. Phil Waldron told a story that was almost inconceivable: how a cabal of bad actors, including Chinese Communist officials, international shell companies, and the financier George Soros, had conspired to hack into U.S. voting machines in a “globalist/socialist” plot to steal the election. The postelection period gave fringe players an opportunity to find an audience in the White House.
Black Lawmakers Threaten to Cut Off K St Unless It Diversifies
Yahoo News – Hailey Fuchs and Laura Barrón-López (Politico) | Published: 12/19/2021
Members of the Congressional Black Caucus are calling on the lobbying industry to diversify its offices in Washington, D.C. or risk losing their support. K Street has found itself scrambling in recent years to up its representation of employees of color. But the threats from Black lawmakers to stop meetings with certain firms represents one of the most aggressive attempts to force K Street to change from within. The increasing power and sheer size of the Congressional Black Caucus in the Democratic Party makes it a formidable political force on and off Capitol Hill.
Democratic Push on Voting Rights Becomes More Urgent as Midterms Approach
MSN – Theodoric Meyer (Washington Post) | Published: 12/22/2021
Senate Democrats not only failed to push their social spending bill over the finish line before the Christmas holidays. They also fell short on another of the party’s top priorities this year: approving a landmark package of voting rights measures. While Democrats argue the changes are critical to safeguarding democracy, strategists in both parties say the package could also reshape the battle for control of the House next year, potentially bolstering Democrats’ chances of hanging onto their majority in a year when Republicans have the edge.
GOP Agrees to Pay Up to $1.6 Million of Trump’s Legal Bills in N.Y. Probes
MSN – David Fahrenthold and Josh Dawsey (Washington Post) | Published: 12/16/2021
The Republican Party agreed to pay up to $1.6 million in legal bills for former President Trump to help him fight investigations into his business practices in New York. Paying Trump’s legal bills is a highly unusual move, longtime party observers and members say, because the spending has nothing to do with promoting the GOP’s policy agenda or political priorities, dealing with ongoing party business or campaigning – and relates to investigations that are not about Trump’s time as president or his work in the White House.
House Jan. 6 Committee Requests Information from and Meeting with GOP Rep. Jim Jordan About His Contact with Trump
MSN – Felicia Sonmez and Eugene Scott (Washington Post) | Published: 12/22/2021
The House committee investigating the January 6 attack on the Capitol by a pro-Trump mob is seeking information from U.S. Rep. Jim Jordan, one of former President Trump’s staunchest allies on Capitol Hill. Jordan has previously said he cannot recall how many times he spoke with Trump on January 6 but that they spoke at least once. In addition, a federal judge denied a motion by Michael Flynn, Trump’s former national security adviser, for a temporary restraining order against the select committee over subpoenas it has issued against him.
Judge Rejects Fox News Request to Dismiss Dominion Voting’s Defamation Lawsuit Over Election Claims
MSN – Timothy Bella (Washington Post) | Published: 12/17/2021
A judge rejected a request from Fox News to dismiss a $1.6 billion defamation lawsuit from Dominion Voting Systems over baseless claims made against the company during the 2020 presidential election, allowing the suit to move forward. Superior Court Judge Eric Davis said it was “reasonably conceivable” for the voting-machine company to have a defamation claim. Dominion claims some of its highest-profile on-air talent helped elevate false charges that the company had changed votes to favor Joe Biden over then-President Trump.
Lead Capitol Riot Charge Is Constitutional, Judges Find
MSN – Rachel Weiner (Washington Post) | Published: 12/20/2021
Three federal judges agreed that the most serious charge faced by those accused of participation in the January 6 riot at the U.S. Capitol, obstruction, is constitutional, a victory for the Justice Department and a blow to the defendants fighting those accusations. Without that felony charge, prosecutors would be left with only minor charges against many they view as playing a major role in the riot. The Justice Department has avoided charges of sedition, a rarely used law, and not all those accused of acting as key instigators were seen assaulting police officers.
Meadows Contempt Vote Poses Thorny Questions for DOJ
MSN – Rebecca Beitsch and Harper Neidig (The Hill) | Published: 12/20/2021
The House vote to hold Mark Meadows in contempt has presented the Department of Justice with the question of whether to prosecute the former White House chief of staff, forcing it to weigh the major legal and political consequences that could come with breaking from longstanding executive branch policy. The department’s stance has been to support testimonial immunity for the president’s close advisers when faced with congressional subpoenas. Charging Meadows with contempt would represent a departure from that historical trend and poses more complicated considerations for the department than its decision to prosecute Steve Bannon.
Proud Boy Pleads Guilty to Felony Charge in Capitol Riot
MSN – Rachel Weiner (Washington Post) | Published: 12/22/2021
A New York man who was a member of the Proud Boys pleaded guilty to obstructing Congress and conspiring to obstruct law enforcement during the January 6 riot. The plea to the felony charge is significant because Matthew Greene admitted coordinating with other New York-based members of the extremist group at the front of the Capitol mob, although there is no evidence that he entered the building. Greene is the first self-admitted member of the Proud Boys to plead guilty in a felony conspiracy case stemming from the riot.
Rep. Scott Perry Calls Jan. 6 Panel ‘Illegitimate,’ Refuses to Cooperate
MSN – Chris Marquette (Roll Call) | Published: 12/21/2021
U.S. Rep. Scott Perry Rep. said he would not cooperate with the January 6 select committee’s investigation, a move that forces the panel to grapple with how it will extract information it seeks from a sitting member of Congress. The panel said it was interested in the role Perry played in an unsuccessful attempt to install Jeffrey Clark as acting attorney general. Clark, a former assistant attorney general for environment and natural resources, met with Trump and other White House officials to consider ways the election results could be overturned.
Senate GOP Feels Another Trump Effect: The rise of celeb candidates
Yahoo News – Marianne Levine and Sarah Ferris (Politico) | Published: 12/23/2021
The most reliable springboard to the U.S. Senate used to be House experience – before Donald Trump vaulted from reality television to the White House. Some Republicans see his path as a blueprint for winning back the Senate. This campaign cycle, the GOP is coalescing around former football star Herschel Walker in Georgia and signaling an openness to surgeon and TV host Mehmet Oz in Pennsylvania. Many in the GOP are welcoming the development.
You Can Draw Your Own Congressional District
Politico – Ally Mutnick | Published: 12/22/2021
In a quirk of the decennial redistricting season, state legislators, who are in charge of drawing new maps, can draw a district for themselves or for their friends. The process is already inherently self-interested as lawmakers routinely draw maps for the benefit of their party, but in some cases, these politicians are working in their literal self-interest. Such moves can spur accusations of foul play from political rivals, and do not always work out as expected. And with more scrutiny than ever on the process, these acts are possibly becoming harder to pull off.
From the States and Municipalities
California – Ex-S.F. Public Works Director Nuru Pleads Guilty to Federal Fraud Charge
MSN – Michael Cabanatuan (Sam Francisco Chronicle) | Published: 12/17/2021
Mohammed Nuru, San Francisco’s former public works director whose tenure was ended by a federal corruption probe that snowballed into numerous prosecutions against city officials and contractors, pleaded guilty to honest services wire fraud. In the plea agreement, Nuru admitted to an extensive list of instances in which he accepted money, international trips, expensive jewelry and wine, and other goods and services from city contractors and developers in exchange for preferential treatment and confidential information about city business.
California – LA Commissioner Lobbied CAO to Support His Company’s $3 Million COVID-19 Testing Contract
Los Angeles Daily News – Scott Schwebke | Published: 12/16/2021
An embattled Los Angeles fire and police pensions commissioner who rejected allegations he improperly lobbied city officials to approve a $3 million COVID-19 testing contract for his company pitched his proposal directly to City Administrative Officer Matt Szabo, who signed off on the no-bid contract in September. Dr. Pedram Salimpour maintained he was not engaged in the review or vetting process for the testing contract awarded to PPS Health, which does business as Bluestone Safe. But more than a dozen emails obtained by the Southern California News Group paint a different picture of Salimpour’s efforts to win the contract for Bluestone.
Colorado – Hawaiian Fundraiser Prompts Campaign Finance Complaint against Attorney General
Colorado Public Radio – Bente Birkeland | Published: 12/22/2021
A complaint alleging Colorado Attorney General Phil Weiser broke the state’s campaign finance laws will move forward, after the secretary of state’s office deemed it to be non-frivolous and said the allegations show one or more potential violations. The complaint argues Weiser failed to properly document a fundraiser he attended in Hawaii at the Waldorf Astoria Grand Wailea Maui Resort.
Colorado – Unite for Colorado Bankrolled Almost Every Major GOP Effort Last Year
ReInvestment News – Sandra Fish and Jesse Paul (Colorado Sun) | Published: 12/22/2021
A conservative political nonprofit that does not disclose its donors funded almost every major Republican political group and effort in Colorado last year, according to a tax document that for the first time reveals the breadth of the organization’s influence. The document also now ties Unite for Colorado to some of the state’s most well-known and active conservative political consultants and operatives. The Colorado Secretary of State’s Office recently fined Unite for Colorado $40,000 and ordered it to disclose its 2020 donors after it spent $4 million to support or oppose three statewide ballot initiatives.
Florida – Documents Show FPL Wrote Bill to Slow Rooftop Solar’s Growth by Hampering Net Metering
MSN – Mary Ellen Klas and Mario Ariza (Miami Herald) | Published: 12/20/2021
Rooftop solar power generation in Florida is still a nascent industry, but Florida Power & Light (FPL), the nation’s largest power company, is pushing to hamstring it by writing and hand-delivering legislation the company asked state lawmakers to introduce. FPL, whose work with “dark-money” political committees helped to secure Republican control of the state Senate in the 2020 elections, asked Sen. Jennifer Bradley to sponsor its top-priority bill: legislation that would hobble rooftop solar by preventing homeowners and businesses from offsetting their costs by selling excess power back to the company, an arrangement known as net metering.
Florida – Two Education Department Leaders Resign After Investigation, Conflict of Interest
Florida Politics – Jason Delgado | Published: 12/22/2021
Two Florida Department of Education employees resigned in November after an investigation unearthed a plan to pursue a state contract for a company they managed. Vice Chancellor of Strategic Improvement Melissa Ramsey and State Board Member Richard Tuck sent a proposal to the Education Department after it asked 25 vendors for quotes on a bid to take over operations at Jefferson County Schools. Ramsey and Tuck applied to the request under the banner of Strategic Initiative Partners, though not among the 25 vendors solicited by the department.
Illinois – ComEd Offers $21 Million Refund to Customers to Confront ICC Probes into Bribery Scheme. Watchdog Calls It ‘Chump Change.’
MSN – Ray Long (Chicago Tribune) | Published: 12/17/2021
Commonwealth Edison (ComEd) is proposing a one-time $21 million refund to ratepayers for lobbying misconduct associated with its efforts to influence former Illinois House Speaker Michael Madigan and advance its Springfield agenda. The amount of the refunds is mostly tied to pay and benefits received by former ComEd executives whose misconduct was outlined in the deal struck with federal prosecutors last year in which the utility agreed to pay a $200 million fine. Watchdog Abe Scarr called the proposed refund “chump change” for a company that is soon expected to collect $1 billion a year in profits and may not offer the credit until 2023.
Illinois – Cook County Ethics Ordinance Slated for Biggest Overhaul in 15 Years, but Some Experts Want More
MSN – Alice Yin (Chicago Tribune) | Published: 12/15/2021
Cook County supervisors approved changes to its ethics ordinance that some experts on best practices say falls short on eradicating “pay-to-play” politics. The bill would make strides in tightening up rules on sexual harassment and nepotism as well as bolstering powers of the body that enforces the code. But it would double the cap on political contributions from those who do business with the county. Ethics experts also raised concerns over how a two-year delay in passing a new ordinance allowed Springfield to preempt the county from enacting stricter rules, particularly around lobbying.
Kentucky – A Handful of Companies Dominate Road Work in Kentucky. The State Looks the Other Way.
Kentucky Center for Investigative Reporting – Jacob Ryan and Jared Bennett | Published: 12/21/2021
Kentucky officials awarded nearly 2,300 road work contracts between 2018 and 2021. The transportation cabinet is exempt from following the state’s procurement code, instead following a bidding system experts say allows a few large companies to avoid competition for jobs. As a result, more than $2 billion in current work is controlled by a dozen companies, who often are the sole bidder on the contracts they are awarded. More than half of the 782 single-bid contracts were awarded for a price above the state estimate, whereas 85 percent of multiple-bid contracts were below state estimates.
Maryland – Baltimore County Council Greenlights Fair Election Fund with Spending Caps
Yahoo News – Taylor DeVille (Baltimore Sun) | Published: 12/20/2021
Candidates for local office in Baltimore County will now have a new financing tool at their disposal after the county council passed an amended bill authorizing a public financing program. The council amended the bill to impose caps on how much candidates using the fund may spend and to revise requirements for qualifying candidates. The legislation would require candidates for council and county executive to meet different eligibility qualifications and seeks to encourage candidates to ask more donors to give smaller amounts of money.
Maryland – Maryland’s New Congressional Map Draws First Legal Challenge
Yahoo News – Pamela Wood (Baltimore Sun) | Published: 12/22/2021
Maryland’s new map of congressional districts is facing its first legal challenge, a lawsuit brought by a dozen Republicans, including two who are hoping to be elected to Congress. In the lawsuit, they argue the new districts meander around the state in ways that divide communities to give Democrats an advantage at the ballot box. They are asking the state courts to throw out the new map and substitute a map drawn by a commission appointed by Gov. Larry Hogan, at least temporarily until the General Assembly can adopt a better map.
Michigan – FBI Arrests Retired Detroit Cop Amid Corruption Crackdown
Detroit News – Robert Snell | Published: 12/16/2021
FBI agents arrested a former Detroit Police detective in connection with a bribery, extortion, and fraud investigation targeting Detroit City Hall, law enforcement, and municipal towing operations. The arrest of Mike Pacteles marks the latest expansion of “Operation Northern Hook,” a broader FBI investigation of public corruption within Detroit city government. The investigation and prosecution led to criminal charges against four Detroit police personnel and former city Councilperson André Spivey, who pleaded guilty to bribery charges.
Michigan – Whitmer Campaign Complaints on Plane Flights, Fundraising Dismissed
Detroit News – Beth LeBlanc | Published: 12/21/2021
Gov. Gretchen Whitmer did not violate campaign finance laws when she accepted contributions above the state fundraising limit because she was facing recall efforts, Michigan Secretary of State Jocelyn Benson’s office said. But the Michigan Bureau of Elections said it would welcome a request to revisit and potentially revise the policy. Benson’s office also ruled Whitmer’s use of campaign funds to charter a private flight to visit her father in Florida this spring was not a campaign finance violation because it was for her physical safety.
Missouri – Free Speech Violation? Ex-Missouri Rep Sues Because He’s Banned from Being a Lobbyist
MSN – Jeanne Kuang (Kansas City Star) | Published: 12/17/2021
A former lawmaker is suing the Missouri Ethics Commission over the state’s two-year ban on lawmakers becoming lobbyists, arguing the law prohibits his freedom of speech and requesting it be blocked. Former Rep. Rocky Miller alleges his inability to register as a lobbyist to serve a prospective client was denying him income. He also argues that because the two-year restriction “bans (him) from saying certain things, backed by the threat of criminal prosecution,” it is unconstitutional.
New York – Attorney General Cites Problems with Ethics Panel’s Order to Cuomo
Albany Times Union – Brendan Lyons | Published: 12/16/2021
The state attorney general’s office sent a letter to the Joint Commission on Public Ethics (JCOPE) contending the panel did not issue a valid order when it voted to have former Gov. Andrew Cuomo surrender the $5.1million he was paid to write a book last year about his administration’s early handling of the coronavirus pandemic. JCOPE had directed the governor to turn over the proceeds of his publishing deal to the attorney general’s office, which the panel said could then redistribute the funds according to law, including potentially returning the money to the publisher.
New York – Hochul Ready to Rev Up Ethics Overhaul to Clean Up After Cuomo, Senate Ally Says
The City – Josepha Velasquez | Published: 12/15/2021
State Sen. Liz Krueger said she has been working with New York Gov. Kathy Hochul’s office to revamp the Joint Commission on Public Ethics (JCOPE), an effort she expects the governor to announce in her annual State of the State address. Krueger is the sponsor of a bill that would replace the largely governor controlled JCOPE with a more independent government integrity commission that would have the power to initiate investigations and even remove non-elected officials from their jobs. Hochul has not yet hinted at her gameplan, which could include measures short of a total teardown.
New York – Lobbyists Helped Hochul Raise $10M. What Are They Getting Back?
Albany Times Union – Chris Bragg | Published: 12/23/2021
After becoming governor of New York in late August, Kathy Hochul has raised campaign money at among the fastest clips in state history – $10 million in three months. When major lobbying firms have sought to have fundraisers, the governor’s campaign has requested they commit to raise $250,000 for events where Hochul appears in person. The lobbying firms raise the money from their clients, who then attend the events. They are often exclusive to the lobbying firm and those clients, who gain a few minutes interacting with the governor.
North Carolina – Appeals Court: Rev. Barber removed from General Assembly in 2017 for his volume, not words
WRAL – Staff | Published: 12/21/2021
Former state NAACP leader Rev. William Barber’s defense that he used free speech during a 2017 protest at the Legislative Building is not relevant to his conviction for second-degree trespassing, and the verdict will stand, according to the court of appeals for North Carolina. Barber and others were charged with second-degree trespassing for refusing to leave the Legislative Building after they were told to go by General Assembly Police. Barber defended himself, saying the constitution says citizens have a right to assemble and instruct their lawmakers. But the appeals court ruled the case was not about free speech.
North Dakota – Environmental Group Calls Out Conflicts of Interest on North Dakota Energy Board as $160M Funding Approved
Fargo Forum – Adam Willis | Published: 12/20/2021
An environmental group is calling out a new arm of the North Dakota government for allegedly mismanaging its conflicts-of-interest when it convened to recommend more than $160 million in state funds for fossil fuel-sector grants and loans. The Dakota Resource Council raised concerns about the handling of conflicts on the Clean Sustainable Energy Authority in a letter sent to the state Ethics Commission and Gov. Doug Burgum, in which the organization asked for more stringent rules regulating such conflicts in the future.
Ohio – Cuyahoga County’s Consultant in Search for New Jail Is Also Listing Agent for Preferred Site
MSN – Kaitlin Durban (Cleveland Plain Dealer) | Published: 12/20/2021
Cuyahoga County’s real estate consulting firm, tapped to identify locations for the site of its new jail, is also the listing agent for one of the final properties under consideration. The relationship raises concerns about conflicts-of-interest in a multimillion-dollar project that members of a committee meant to oversee the process worry is now devolving into “chaos” and unilateral decisions that could undermine their work.
Ohio – Ex-Ohio Legislative Candidate Fined $50,000 for Failing to Report Campaign-Finance Expenses
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 12/16/2021
The Ohio Elections Commission fined an ex-legislative candidate $50,000 for failing to report more than $290,000 in campaign-related expenses. Allen Freeman, a township trustee from Clermont County, tried to get the case dismissed after he liquidated his account, arguing that because the committee had been dissolved, it could not be found liable. But the commission found Freeman misstated his campaign finances by reporting spending just $14,000 on his failed 2020 campaign for state representative, even though public records show his campaign bought roughly $118,000 in television ads.
Ohio – Ohio Job and Family Services Employee Cut Off Relative’s Unemployment Benefits After Fight
MSN – Jessie Balmert (Columbus Dispatch) | Published: 12/16/2021
A Department of Job and Family Services employee cut off her relative’s unemployment benefits following a fight, according to an Ohio Inspector General’s report. Customer service representative Quenise Barnes improperly accessed a relative’s pandemic unemployment assistance 10 times in May and eventually cut off that person’s benefits. The relative reported a fight had occurred with Barnes on May 7 and she subsequently turned off the person’s benefits, citing “fraud.”
Oklahoma – The Jump from Political Staffer to Lobbyist Isn’t a Far One, at Least in Oklahoma
Yahoo News – Ben Felder (Oklahoman) | Published: 12/19/2021
It is not uncommon for elected officials in Oklahoma to become paid lobbyists once they leave office and there is no state law that prevents it. But there is also no ban on former state employees from becoming lobbyists, which is another pathway for public officials to take their knowledge to the private sector. The state Ethics Commission voted twice in recent years to establish “cooling off” laws that would ban public officials from moving straight into a lobbying job. But each time those rules were voted down by the state Legislature.
Oregon – Competing Measures Could Muddy Oregon’s Campaign Finance Debate
OPB – Dirk VanderHart | Published: 12/20/2021
After they came to an impasse over how Oregon should crack down on money in politics, left-leaning organizations are signaling they might just fight it out at the ballot box. Two groups that are often aligned filed dueling ballot measure proposals for how to place limits on the state’s permissive campaign finance laws. Six separate ideas for cracking down on political giving in the state have now been floated for the November 2022 ballot. Many, if not most, will die before they reach voters, but even two competing measures next year could create confusion that advocates have been hoping to avoid.
Oregon – How Much Did Interest Groups Shape Oregon’s New Legislative Districts? Here’s Why It’s Tough to Say
MSN – Hillary Borrud (Portland Oregonian) | Published: 12/16/2021
Lobbyists for unions and at least one industry-affiliated group used sophisticated data analysis to calculate how proposed legislative districts in Oregon would impact Democrats’ and Republicans’ chances in future elections and shared that information with lawmakers. Other outside groups did the same, according to testimony in a redistricting lawsuit, and practically none of that is required to be disclosed to the public. The lack of transparency around the forces at play in shaping how Oregonians’ votes will count during the next decade is a result of both how the state handles redistricting, and the state’s limited lobbying disclosure requirements.
Pennsylvania – ‘Glaring Giant Loophole:’ Philly Council members have to report who pays them, but not their spouses
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 12/23/2021
Unlike lawmakers in other cities and states, as well as members of Mayor Jim Kenney’s administration, Philadelphia City Council members are not required to disclose their spouses’ sources of income. The issue of paying members’ spouses is expected to be central in the corruption trial of Councilperson Kenyatta Johnson. Prosecutors have accused him of accepting a bribe in the form of charter school consulting work for his wife in exchange for helping a group in his district secure a zoning change. The potential for Johnson to take official action to secure work for his wife also surfaced in the corruption trial this fall of Councilperson Bobby Henon.
South Carolina – Former Richland County Recreation Director Facing Ethics Charges Over Raises, Promotions
Charleston Post and Courier – Stephen Fastenau | Published: 12/16/2021
South Carolina’s Ethics Commission will decide whether a former Richland County recreation chief broke the law by signing off on family members’ raises and promotions. A hearing on the ethics charges was held after James Brown III was cleared of criminal charges related to his tenure. Brown, the head of the Richland County Recreation Commission until his resignation in 2016 amid allegations of nepotism and sexual harassment, faces six counts of violating state ethics laws meant to ensure public officials do not use their position for personal gain.
Texas – Former Houston Schools Trustee Kept a ‘Bribe Ledger’ Listing $20,000 in Illegal Payoffs, Feds Say
Houston Public Media – Paul DeBenedetto | Published: 12/17/2021
A former Houston Independent School District trustee and board president agreed to cooperate with the federal government for her role in an alleged scheme in which prosecutors say she kept a “bribe ledger” to keep track of $20,000 in payments from a contractor, part of an investigation that also led to the indictment of the district’s former chief operating officer. Rhonda Skillern-Jones used her role at the district to push for the hiring of a landscaping contractor who was later at the center of an alleged illegal kickback scheme.
Washington – Tim Eyman in Default, Assets to Be Sold to Satisfy $5.4 Million Debt
Seattle Times – David Gutman | Published: 12/23/2021
Tim Eyman, the serial initiative filer and conservative provocateur who owes the state of Washington more than $5 million after years of “particularly egregious” campaign finance violations, is in default and staring at the court-ordered sale of his assets. Eyman is under a court-ordered plan requiring him to make monthly $10,000 payments to pay down his fine and other fees. He has missed his last four monthly payments. A judge ordered his bankruptcy case shifted to Chapter 7, which means the court appoints a trustee who will be responsible for selling Eyman’s assets and distributing the proceeds to his debtors.
Wisconsin – ‘A Real Conflagration’: Wisconsin emerges as front line in war over the 2020 vote
MSN – Rosalind Helderman and Josh Dawsey (Washington Post) | Published: 12/16/2021
A legislative-backed investigation into the 2020 election results in Wisconsin headed by a former state Supreme Court justice has picked up steam in recent weeks. The inquiry makes little pretense of neutrality and is being led by figures who have shown allegiance to Donald Trump or embraced false claims of fraud. In a state that is likely to see some of the nation’s most competitive races in 2022 for governor and U.S. Senate, there are now multiple efforts underway to scrutinize how the last election was run, including a recommendation by a county sheriff to prosecute and jail state election officials.
December 17, 2021 •
News You Can Use Digest – December 17, 2021
![News You Can Use Digest – December 17, 2021](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal A New Lawsuit Accuses the FEC of Failing to Investigate Russia’s ‘Coordination’ with the 2016 Trump Campaign Yahoo News – C. Ryan Barber (Business Insider) | Published: 12/8/2021 A pair of advocacy groups sued the FEC, alleging the agency has […]
National/Federal
A New Lawsuit Accuses the FEC of Failing to Investigate Russia’s ‘Coordination’ with the 2016 Trump Campaign
Yahoo News – C. Ryan Barber (Business Insider) | Published: 12/8/2021
A pair of advocacy groups sued the FEC, alleging the agency has failed to act on a complaint against the Russian government and the 2016 Trump presidential campaign alleging violations of campaign finance law. They argue the FEC’s delay has potentially deprived the American public of information that was not revealed during Robert Mueller’s investigation into Russian interference. They noted Mueller’s work and separate congressional investigations but said those inquiries, “pursuing different angles for different purposes and with different mandates, have not focused on bringing transparency to campaign financing – the FEC’s mandate.”
Agency Overseeing Trump’s D.C. Hotel Lease Failed to Examine Ethical, Constitutional Conflicts, Report Says
NBC News – Rebecca Shabad | Published: 12/15/2021
The federal agency managing the government’s lease of the Trump International Hotel in Washington, D.C. failed to examine ethical conflicts and constitutional issues posed by then-President Trump’s refusal to divest from the property. The House Committee on Transportation and Infrastructure’s report found the General Services Administration did not track foreign government payments to the hotel or identify the origins of more than $75 million in loans made by Trump and his family to shore up its troubled finances.
Big Law Firms Promised to Punish Republicans Who Voted to Overthrow Democracy. Now They’re Donating to Their Campaigns
Yahoo News – Andy Kroll (Rolling Stone) | Published: 12/9/2021
In the aftermath of the January 6 insurrection, some of the country’s biggest law firms joined blue-chip corporations and other industry trade groups by halting all political donations and rethinking their giving strategy. But major law firms in Washington have resumed donations to those Republicans whose support for election-fraud theories and refusal to certify posed a threat to democracy. The law firms donated through their in-house PACs, which allow the firm to donate to a candidate’s campaign, a party-wide political committee, or a leadership committee that politicians use to raise money they can later spend to help reelect their allies.
Congress and Top Capitol Hill Staff Have Violated the STOCK Act Hundreds of Times. But the Consequences Are Minimal, Inconsistent, and Not Recorded Publicly.
MSN – Camila DeChalus, Kimberly Leonard, and Dave Levinthal (Business Insider) | Published: 12/15/2021
Congress has an inconsistent method for collecting fines from members and top staff who break a law designed to stop insider trading and conflicts-of-interest. Business Insider’s investigation of financial disclosures found 49 members of Congress and at least 182 of the highest-paid Capitol Hill staffers were late in filing their stock trades during 2020 and 2021. The lack of transparency makes it impossible to independently determine whether STOCK Act lawbreakers truly face consequences, and if so, to what degree. It is a situation that ethics experts say leaves the public in the dark, lets Congress off the hook, and renders the law toothless.
Democrats Introduce Bill to End Political Spending by Foreign-Owned Corporations
MSN – Karl Evers-Hillstrom (The Hill) | Published: 12/14/2021
House Democrats reintroduced a bill that would block foreign-owned corporations from spending company funds to influence U.S. elections. The bill would extend the federal ban on political donations from foreign nationals to multinational companies that are at least partially owned by foreign nationals. Following the U.S. Supreme Court’s Citizens United decision that allowed corporations to spend unlimited sums to influence elections, some American subsidiaries of foreign-owned companies have made large donations to super PACs.
House ‘Democracy’ Bill Would Cap Executive Power, Expand Disclosure
MSN – Kate Ackley (Roll Call) | Published: 12/9/2021
Seeking to avoid a repeat of the scandal-plagued Trump presidency, House Democrats approved a bill almost entirely along party lines that would put new limits on executive branch power and subject presidential candidates to more disclosure. The Protecting Our Democracy Act would require presidents, vice presidents, and anyone running for those offices from a major political party to disclose their tax returns. It also would toughen the fines for executive branch officials who violate the Hatch Act, which prohibits nearly all such employees from engaging in campaign activities in their official capacity, among other provisions.
House Votes to Hold Meadows in Contempt for Refusing to Comply with Jan. 6 Committee Subpoena
MSN – Mariana Alfaro and Jacqueline Alemany (Washington Post) | Published: 12/14/2021
The House voted to hold former White House chief of staff Mark Meadows in criminal contempt of Congress for defying a subpoena issued by the bipartisan committee investigating the deadly January 6 attack on the U.S. Capitol by a pro-Trump mob. The resolution was approved with just two Republicans, Reps. Liz Cheney and Adam Kinzinger, joining Democrats in voting “yes.” The matter now goes to the Justice Department, which will decide whether to pursue the contempt referral. Contempt of Congress is a misdemeanor criminal offense that can result in up to one year in prison and a fine of up to $100,000.
Luxembourg Adopts Watered-Down Lobby Register
Luxembourg Times – John Monaghan | Published: 12/13/2021
Luxembourg adopted a register which will show which lobbyists have been meeting parliamentarians after years of discussion and pressure from the European Commission to act, although the bill contains several exemptions and no apparent system of checks. The legislation requires anyone wishing to meet a deputy to register their intention to do so, regardless of the location of the meeting. Responsibility for registration falls to the lobbyist, not the deputy.
Manchin Cites a Blind Trust to Justify Climate Votes. But Much Income from His Family’s Coal Company Isn’t
MSN – Michael Kranish and Anna Phillips (Washington Post) | Published: 12/13/2021
In U.S. Sen. Joe Manchin’s West Virginia home county, his family’s business has made millions of dollars by taking waste coal from long-abandoned mines and selling it to a power plant that emits air pollution at a higher rate than any other plant in the state. That enterprise could have taken a hit under a key part of President Biden’s climate agenda. But Manchin played a central role in killing that proposal. Contrary to his public statements, documents filed by the senator show his blind trust is too small to account for all his reported earnings from the coal company, as of his latest financial disclosure report.
Members of Congress Play Campaign Pundit All the Time. But Are They Any Good at It?
MSN – Jim Saska (Roll Call) | Published: 12/16/2021
A fundamental question in American politics is how a candidate can convince some of their neighbors and a lot of strangers to vote for them. Roll Call asked members of Congress who had eked out a narrow win or flipped a seat what the factors were that led to their victories. Several trend lines emerged. In an era where seemingly everything is viewed through partisan lenses, party affiliation did not seem to influence anyone’s responses. Most focused on convincing voters they were all on the same side.
Now in Your Inbox: Political misinformation
Yahoo News – Maggie Astor (New York Times) | Published: 12/13/2021
Lawmakers’ statements on social media and cable news are now routinely fact checked. But email – one of the most powerful communication tools available to politicians, reaching up to hundreds of thousands of people – teems with unfounded claims and largely escapes notice. Politicians have always exaggerated and dissemble, including in their email dispatches. But the volume, the baldness, and the reach of the false claims have increased. Both parties delivered heaps of hyperbole in their emails, but Republicans included misinformation in about 15 percent of their messages, compared with about two percent for Democrats.
Redistricting Is Drying Up Competitive Congressional Races
MSN – Michael Macagnone (Roll Call) | Published: 12/15/2021
Advancements in data science and long-term shifts in how Americans vote are making swing districts increasingly rare. State Legislatures and commissions control the redistricting process for most of the country. So far, 20 states have finished redrawing their congressional maps, which have produced only a handful of competitive U.S. House seats. Political parties burned by recent wave elections may have gotten skittish about drawing risky seats. Ken Kollman, a political science professor at the University of Michigan, said a House map with many competitive seats would mean a party could win a few from the other side, or totally wipe out.
Text Messages to Meadows Renew Focus on Trump’s Inaction During Jan. 6 Attack
MSN – Amy Wang (Washington Post) | Published: 12/14/2021
Newly released text messages that were sent on January 6 to Mark Meadows, a former chief of staff in the Trump White House, have put a renewed focus on President Trump’s failure to act quickly to stop the insurrection at the U.S. Capitol as it was unfolding, despite real-time pleas from lawmakers, journalists, and even his eldest son. At least half a dozen people reached out during the riot to Meadows to ask – in some cases, beg – Trump to intervene.
The Judges Drawing America’s Political Maps
Yahoo News – Ally Mutnik (Politico) | Published: 12/13/2021
Between reforms aimed at reducing politics in redistricting, dysfunction in states where both parties have some control and the reduced role of the federal judiciary in policing gerrymandering, state Supreme Courts are playing a greater role than ever as mapmakers or traffic cops that could swing the fortunes of some 120 congressional seats in next year’s midterms. Across the country, these courts are poised to be outsized political players. While some of these judges campaign for their position, many of them are appointed, meaning the decisions come from the hands of unelected arbiters.
Trump Tax Records Can Be Released by Treasury Department to House, Judge Rules
MSN – Spencer Hsu (Washington Post) | Published: 12/14/2021
A federal judge rejected former President Trump’s long-running effort to block the Treasury Department from turning over his tax records to the House Ways and Means Committee but put the ruling on hold pending an expected appeal. U.S. District Court Judge Trevor McFadden, a former Trump Justice Department official appointed to the court in 2017, said even if the former president’s attorneys were correct that House Democrats wanted his records only to expose them for political gain, they were “wrong on the law.”
Trump White House Records Can Be Released in Jan. 6 Probe Pending Supreme Court Review, Appeals Court Rules
MSN – Spencer Hsu and Ann Marimow (Washington Post) | Published: 12/9/2021
A federal appeals court rejected former President Trump’s bid to keep his White House documents secret from a congressional committee investigating the January 6 attack on the Capitol, setting up an emergency U.S. Supreme Court review. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit unanimously upheld a lower court’s opinion, which said in a dispute between a current and past president over whether to release White House records, the sitting president must prevail.
Canada
Canada – Judge Upholds Ontario Rules Limiting Third-Party Election Advertising Spending
Global News – Paola Loriggio (Canadian Press) | Published: 12/8/2021
An Ontario judge upheld the province’s restrictions on third-party election advertising, ruling the measures do not infringe on voters’ right to meaningfully participate in the election process. The Working Families Coalition challenged the rules on grounds that they infringe on the right to vote by limiting the ability of third parties to share information on matters of public policy for a year before an election. But Ontario Superior Court Justice Ed Morgan found the rules meet the legal requirement to allow for broad and egalitarian participation in the campaign.
From the States and Municipalities
California – City Employees Solicit Funds for Garcetti-Backed Charity. Ethics Experts Have Concerns
Yahoo News – Dakota Smith (Los Angeles Times) | Published: 12/15/2021
Employees in Eric Garcetti’s office play a key role in creating programs for the Mayor’s Fund for Los Angeles, a charity that pays for civic programs. They also seek funding during the course of their jobs and use their city emails – in some cases from companies that do business with the city. Such solicitations are allowed because they are made in support of a charity and not a political campaign. Some ethics experts, however, say the city needs to be more transparent about solicitations sought by city employees, or restrict them altogether.
California – Former DWP Chief Information Security Officer Agrees to Plead Guilty to Lying to Authorities
MSN – Dakota Smith (Los Angeles Times) | Published: 12/13/2021
A top executive who worked on security operations at the Los Angeles Department of Water and Power (DWP) agreed to plead guilty to one felony charge of making false statements. Former Chief Information Security Officer David Alexander lied to the FBI about a job offer that he “secretly solicited” in return for helping pass contract money to a lawyer, prosecutors said. Alexander used his role at Southern California Public Power Authority, a group of several utilities, including the DWP, to help give a $17-million contract focused on cybersecurity work to three companies.
Colorado – Major ‘Dark Money’ Nonprofit Ordered to Reveal Its Donors in Colorado
Colorado Public Radio – Andrew Kenny | Published: 12/9/2021
Unite for Colorado, a “dark money” group that spent $4 million on signature gathering and digital advertisements for statewide ballot measures in 2020 was ordered to pay a $40,000 fine and to divulge their donors. Critics argued Unite for Colorado crossed the line between nonprofits and political groups by spending so heavily – and was so closely involved in politics – that it should have registered as a political issue committee and reported more detail on its financial activities.
Colorado – Weiser’s Fundraiser in Hawaii Draws Complaint
Denver Gazette – Christopher Osher | Published: 12/9/2021
Following a fundraiser at an exclusive resort in Hawaii, Colorado Attorney General Phil Weiser is facing a complaint accusing him of violating the state’s campaign finance laws. Defend Colorado filed a formal complaint alleging the Democratic attorney general did not pay the full cost of his campaign’s use of the Grand Wailea Grand Dining Room at the Grand Wailea Maui. The group also accused him of using the event to cozy up to corporate lobbyists.
Florida – Nikki Fried Mired in Ethics Dispute Over Her Finances
MSN – Gary Fineout (Politico) | Published: 12/9/2021
Florida Agriculture Commissioner Nikki Fried, one of the leading Democratic nominees for governor, is coming under fire for her failure to promptly report how much lobbying money she made prior to taking office. The Florida Commission on Ethics voted unanimously that there is probable cause Fried, who was an attorney and lobbyist, violated state law by failing to properly disclose income from her lobbying business. Just days before she began her campaign for governor this year, she amended two separate financial disclosure forms, including one showing previously unreported earnings of $351,480.
Florida – The Coffee Shop at This Non-Profit Florida Hospital Pours Cash into Political Coffers
Miami Herald – Kirby Wilson | Published: 12/14/2021
For the past three years, the Starbucks at Tampa General Hospital’s main campus has been making large campaign contributions to a select group of Florida candidates. It does this even though Tampa General operates as a 501(c)(3) nonprofit. Federal law prohibits it from giving money to candidates. House of Coffee Tampa, which owns the coffee shops inside two Tampa General properties is a for-profit corporation. That means it can make campaign contributions.
Georgia – Georgia Appeals Judge Agrees to $25,000 Fine in Ethics Case
MSN – Associated Press | Published: 12/9/2021
A suspended Georgia Court of Appeals judge agreed to pay a $25,000 fine to settle ethics charges he spent campaign funds for personal use. The Government Transparency and Campaign Finance Commission voted to approve a consent decree with Judge Christian Coomer. A complaint accused Coomer, a former state House member, of transferring money from his old legislative campaign account to financially prop up his former law firm between 2015 and 2019. Commission staff said it was the largest fine ever against a Georgia judge in an ethics case.
Illinois – Illinois Moves to Prohibit ‘Dark Money’ in Judicial Races, but It’s Unclear What Effect That Will Have on State’s Free-Spending Campaigns
MSN – Dan Petrella (Chicago Tribune) | Published: 12/8/2021
With the balance of power on the Illinois Supreme Court at stake in next year’s election, Democrats who control Springfield took steps this fall aimed at curbing the influence of outside money in a state that holds the record for the nation’s most expensive judicial race. Gov. J.B. Pritzker signed a bill that bans judicial candidates from receiving campaign money from out-of-state contributors and groups that do not disclose their donors. One of the state’s leading campaign finance experts said the new law likely will do little to stem the tide of cash from powerful interests trying to influence who sits on the state’s highest court.
Kansas – Kansas AG’s Natural Gas Well Presents Possible Conflict of Interest as He Investigates Industry
Kansas Reflector – Alison Kite | Published: 12/14/2021
Kansas Attorney General Derek Schmidt has a financial interest in the sale of natural gas, prompting calls for him to disclose more information about his earnings as he investigates gas companies. Schmidt is investigating whether companies raised natural gas prices, which increased by as much as 200 times almost overnight in February, in violation of Kansas consumer protection law and will consider whether to pursue litigation. At the same time, Schmidt, who is running to unseat Democratic Gov. Laura Kelly, could be receiving thousands of dollars a year in income from his own natural gas well in the state.
Maryland – Maryland Gov. Hogan’s Campaign Pays Fine for Accepting Excess Donations
MSN – Pamela Wood (Baltimore Sun) | Published: 12/15/2021
Maryland Gov. Larry Hogan’s campaign paid a $2,500 fine for accepting political donations above the state’s limits. The campaign did not immediately provide a total number and dollar amount of the excess contributions, but it has been sending money back to donors and updating prior campaign finance reports for the last few years. Under Maryland law, donors may not give more than $6,000 to a candidate over each four-year election cycle.
New York – Cuomo Advisors Used Campaign Aide to Dig Up Dirt on an Accuser Who Was Running for Office, Records Show
CNBC – Brian Schwartz | Published: 12/9/2021
Former New York Gov. Andrew Cuomo’s closest advisors used a campaign aide to seek potentially damaging information on Lindsey Boylan, who has accused him of sexual harassment. Melissa DeRosa, who was the top aide to the governor, told investigators about the effort to find the information and potentially plant a negative story about Boylan during a probe into Cuomo’s alleged sexual harassment of former aides and associates. DeRosa told investigators she believed Boylan was working together with other prominent New York politicians to bring down Cuomo.
New York – De Blasio Violated Fundraising Ethics Rules Even After Warning – Yet Mayor Faced No Penalty
The City – Yoav Gonen | Published: 12/8/2021
New York City Mayor Bill de Blasio violated ethics rules twice by hitting up real estate industry players for donations to a nonprofit he created to boost pet projects, but he got away with just warning letters. The Conflicts of Interest Board cited de Blasio in 2014 for personally soliciting $150,000 in donations from people or entities with business before the city. He kept making similar fundraising calls, asking for contributions from James Capalino, a lobbyist who had helped his campaign for mayor. The board noted de Blasio also failed to provide a disclaimer to potential donors that their giving would not influence any decision making.
New York – Ethics Panel Demands Cuomo Repay $5M
Albany Times Union – Chris Bragg | Published: 12/14/2021
The Joint Commission on Public Ethics (JCOPE) will require former New York Gov. Andrew Cuomo to return the proceeds from his book about his response to the coronavirus pandemic. The order came after JCOPE voted to rescind the approval it had given Cuomo before he entered into the $5.1 million book deal. JCOPE staff approved the deal when his counsel told the commission that Cuomo agreed to not use any state personnel or resources to produce his book and he would write it “entirely on his own time.” But complaints surfaced that state property, resources, and personnel were used to prepare, write, edit, and publish the book.
New York – Trump Fraud Inquiry’s Focus: Did he mislead his own accountants?
Yahoo News – William Rashbaum, Ben Protess, and Jonah Bromwich (New York Times) | Published: 12/14/2021
As prosecutors in Manhattan weigh whether to charge Donald Trump with fraud, they have zeroed in on financial documents he used to obtain loans and boast about his wealth. The documents, compiled by Trump’s longtime accountants and known as annual statements of financial condition, could help answer a question at the heart of the long-running criminal investigation into the former president: did he inflate the value of his assets to defraud his lenders?
North Carolina – North Carolina Delays 2022 Primaries to Give Redistricting Challenges More Time
National Public Radio – Steve Harrison | Published: 12/8/2021
The North Carolina Supreme Court ordered that the state’s March 2022 primary be delayed until May 17 so it can settle two lawsuits challenging Republican-drawn maps for Congress and the state’s Legislature. The nonpartisan Princeton Gerrymandering Project has rated the recent North Carolina congressional map a grade of “F” for fairness, calling it one of the most gerrymandered maps in the nation, along with a Republican-drawn congressional map in Texas and a Democratic-drawn map in Illinois.
Pennsylvania – Councilmember Maria Quiñones-Sánchez Wants to Ban Lawmakers from Making More Than $25,000 from Side Jobs
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 12/15/2021
Philadelphia City Councilmember Maria Quiñones-Sánchez introduced legislation prohibiting city lawmakers from making more than $25,000 from side jobs and requiring them to disclose more information about outside employment. It would be the most significant ethics reform proposal since the convictions of council member Bobby Henon and former union leader John Dougherty on federal corruption charges.
Pennsylvania – DA Larry Krasner’s Campaign and Real Justice PAC Have Admitted to Breaking Philly’s Campaign Finance Law, Again
MSN – Sean Collins Welch (Philadelphia Inquirer) | Published: 12/9/2021
For the second time in as many elections, Philadelphia District Attorney Larry Krasner’s campaign and a political group that supports him have admitted to violating the city’s campaign finance law. The Krasner campaign agreed to pay $10,000 in penalties and admitted making misstatements and omissions in its campaign finance reports during the prosecutor’s successful reelection bid this year. The Real Justice PAC agreed to pay $30,000 in penalties after admitting to making omissions in its reports.
South Carolina – Orangeburg Coroner Marshall Gets $17K Fine After Neglecting Ethics Forms for Years
Charleston Post and Courier – Avery Wilks | Published: 12/15/2021
A chronic failure to file her required financial disclosures will cost Orangeburg County’s elected coroner $17,000. That is even after the State Ethics Commission reduced Samuetta Marshall’s original fine by $5,000 following her appeal for leniency. Marshall has a long history of failing to file reports detailing her campaign fundraising and spending, as well as forms disclosing her sources of income. She also ignored the Ethics Commission’s repeated efforts to reach her about those forms and the late-filing fees she was accumulating. She did not attend her ethics hearing to defend herself.
South Dakota – Ex-Official Says She Felt ‘Intimidated’ in Meeting with Kristi Noem That Led to Daughter’s Appraiser License
MSN – Hannah Knowles (Washington Post) | Published: 12/14/2021
A former state official testified she felt “intimidated” at a meeting last year with South Dakota Gov. Kristi Noem, and it resulted in an unusual third chance for the governor’s daughter to get her real estate appraiser license. Noem has claimed her daughter “went through the exact same process that others did in South Dakota to become an appraiser” and denied seeking “special treatment” for her. But the governor’s meeting last year with officials overseeing the state’s licensing process sparked allegations of nepotism and led state Attorney General Jason Ravnsborg to launch a review.
Tennessee – Tennessee Republican Leaders Agree to Drop Judges from Mandatory Candidate Fees for Now Amid Ethics Ruling
Yahoo – Andy Sher (Chattanooga Times Free Press) | Published: 12/15/2021
Tennessee Republican Party leaders have decided for now to drop judges and judicial candidates from a rule they adopted earlier this year that requires GOP candidates running for office to pay the party a fee to run in primary elections. The decision came as judges have worried for months over paying the fee because of an advisory opinion issued by the Administrative Office of the Court’s Judicial Ethics Committee. The panel wrote said one of the rules of judicial conduct “generally prohibits a judge from paying an assessment to a political organization.”
Texas – Dallas Approves New Office to Investigate City Corruption Claims
Dallas Morning News – Everton Bailey, Jr. | Published: 12/8/2021
Dallas will create a new office to investigate allegations of wrongdoing by city officials and make other changes to ethics rules that are meant to cut down on corruption. A key part of the reform is the creation of an inspector general division in the city attorney’s office, which would receive and investigate all internal fraud, waste, abuse, and corruption complaints. It will also prohibit anyone seeking a public subsidy, such as tax credits, from lobbying a council member about the matter before it is decided, and will increase training for city officials, staff, and registered lobbyists on Dallas’ ethics code.
Texas – Texas Appeals Court Throws Out Indictment of Groundbreaking Black Sheriff
Courthouse News Service – Cameron Langford | Published: 12/15/2016
The Texas Court of Criminal Appeals dismissed a campaign finance and records tampering indictment spearheaded by state Attorney General Ken Paxton against the state’s first Black female sheriff. While state law allowed an unusual choice of venue – though Stephens’ alleged crime occurred in Jefferson County, she was indicted in neighboring Chambers County – the court ruled the prosecution had violated the separation of powers clause in the state constitution. The court determined the Legislature had unconstitutionally granted the attorney general independent authority to prosecute election law offenses in the election code.
Washington DC – D.C. Attorney General Sues Proud Boys, Oath Keepers Over Jan. 6 Attack
MSN – Devlin Barrett, Tom Hamburger, and Rachel Weiner (Washington Post) | Published: 12/14/2021
District of Columbia Attorney General Karl Racine sued the Proud Boys and Oath Keepers over the January 6 attack on Congress, seeking to use a law written to cripple the Ku Klux Klan to exact stiff financial penalties from the far-right groups Racine alleges were responsible for the violence. Racine’s lawsuit is the first effort by a government agency to hold individuals and organizations civilly responsible for the violence at the U.S. Capitol on the day Congress ceremonially confirmed President Biden’s 2020 election victory.
Wisconsin – US Supreme Court Rejects Appeal from MacIver Institute Over Press Access in Wisconsin
Wisconsin Public Radio – Shawn Johnson | Published: 12/13/2021
The U.S. Supreme Court will not hear an appeal of a lower court ruling that sided with Wisconsin Gov. Tony Evers in a dispute with a conservative think tank over media access. The John K. MacIver Institute for Public Policy sued after the governor’s office denied the MacIver News Service access to a media briefing. MacIver argued the governor had violated its First Amendment right to freedom of the press based on the institute’s editorial stances. MacIver was denied access, according to the governor’s office, because its lobbying activity, policy advocacy, and self-described status as a “think tank” did not meet the criteria for a news organization.
December 10, 2021 •
News You Can Use Digest – December 10, 2021
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National/Federal Challenges to the Voting Rights Act Far from Over Center for Public Integrity – Carrie Levine | Published: 12/1/2021 When the U.S. Supreme Court decided an important voting rights case earlier this year, its ruling made it more difficult for […]
National/Federal
Challenges to the Voting Rights Act Far from Over
Center for Public Integrity – Carrie Levine | Published: 12/1/2021
When the U.S. Supreme Court decided an important voting rights case earlier this year, its ruling made it more difficult for voters to challenge restrictive state voting laws. Now, Texas is making an argument that, if adopted, would further hobble use of what remains of the Voting Rights Act. In a brief filed in a redistricting case, lawyers for the Texas argued it is not clear that Section 2 of the act allows private challenges to state laws at all, an argument that flies in the face of how the landmark civil rights-era statute has been interpreted by federal courts for decades.
Chris Cuomo Fired by CNN After Aiding Governor Brother and Other ‘New Allegations’
MSN – Jeremy Barr (Washington Post) | Published: 12/4/2021
Four days after announcing he would be indefinitely suspended from the network, CNN terminated its host Chris Cuomo following an investigation conducted by a law firm that it said had turned up “additional information” about him. Cuomo was suspended a day after documents released by New York Attorney General Letitia James showed he was more extensively involved in helping to defend his brother, then-Gov. Andrew Cuomo, against allegations of sexual misconduct than he had acknowledged, either publicly or to CNN management.
Courts May Play Outsize Role in Redistricting Fights
MSN – Michael Macagnone (Roll Call) | Published: 12/7/2021
The delayed release of 2020 census data has seen states sprinting to finish redistricting, but with control of the U.S. House hanging by a handful of seats, litigants are looking to courthouses to challenge the mapmaking effort. Several states, such as South Carolina and Pennsylvania, face lawsuits without having even finished their redistricting process. Challenges elsewhere have already played out: Republicans dropped a lawsuit against Oregon’s new congressional map recently.
Far Right Is Using Twitter’s New Rule Against Anti-Extremism Researchers
Washington Post – Drew Harwell | Published: 12/3/2021
Neo-Nazis and far-right activists are coaching followers on how to use a new Twitter rule to persuade the social media platform to remove photos of them posted by anti-extremism researchers and journalists who specialize in identifying episodes of real-world hate. Advocates said they worry the new policy will suppress efforts to document the activities of the far right and will prove to be a gift to members of hateful movements eager to keep their identities concealed.
Jan. 6 Committee Says It Will Move to Hold Former Trump Chief of Staff Mark Meadows in Criminal Contempt
MSN – Jacqueline Alemany and Josh Dawsey (Washington Post) | Published: 12/8/2021
The U.S. House select committee investigating the January 6 attack on the Capitol said it is preparing to hold Mark Meadows, former President Trump’s chief of staff, in criminal contempt for not complying with the panel’s subpoena as it is ramping up efforts to force former Trump administration officials to cooperate with its inquiry. Committee Chairperson Bennie Thompson said in a letter sent to Meadows the panel’s patience had run out and dismissed his argument that much of the information the committee sought was covered by executive privilege because it involved his duties as an aide to Trump at the White House.
Pro-Trump Scam PAC Operator, PPP Fraudster Sentenced to Nearly 4 Years in Prison
MSN – Spencer Hsu (Washington Post) | Published: 12/6/2021
A Las Vegas man behind both a pro-Trump scam PAC and a fraudulent Paycheck Protection Program (PPP) loan scheme was sentenced to 46 months in prison and ordered to repay $1.4 million to his victims, including federal taxpayers. James Bell stole government pandemic relief aid while also conning supporters of both President Trump and eventual victor Joe Biden in the 2020 presidential election. Bell, prosecutors said, was the first scam PAC operator to be sentenced in federal court in Washington, as well as the first PPP loan fraud defendant.
Rep. Devin Nunes to Leave Congress to Become Trump Media Company CEO
MSN – Amy Wang and David Weigel (Washington Post) | Published: 12/6/2021
U.S. Rep. Devin Nunes plans to leave his seat at the end of December to become chief executive officer at a new media company founded by former President Trump. Nunes represents a historically Republican district that was growing more competitive even before the current round of redistricting. Early drafts of California’s next map put Nunes in a less Republican district in the Fresno area, one that backed Joe Biden by nine points. The Trump Media and Technology Group has not yet released any products to the public and missed its self-imposed deadline to roll out a beta-test version of its social media service in November.
Sidney Powell Group Raised More Than $14 Million Spreading Election Falsehoods
MSN – Emma Brown, Rosalind Helderman, Isaac Stanley-Becker, and Josh Dawsey (Washington Post) | Published: 12/6/2021
Records show Defending the Republic, a nonprofit founded by attorney Sidney Powell to fight the results of the 2020 presidential election, has raised more than $14 million, a sum that reveals the reach and resonance of one of the most visible efforts to fundraise using baseless claims about the election. Previously unreported records also detail acrimony between Powell and her top lieutenants over how the money, now a focus of inquiries by federal prosecutors and Congress, was being handled. As head of Defending the Republic, Powell controlled $9 million as recently as this summer.
Ted Cruz Has Never Recouped More Than $500,000 He Loaned His First Campaign. He’s Working to Overturn the Law That’s Blocked Him.
Texas Tribune – James Polard | Published: 12/8/2021
Ted Cruz loaned his campaign over $1 million in 2012, which helped him win election to the U.S. Senate. Cruz has never been able to recoup $545,000 of that loan. A 2002 law bans victorious federal candidates from using more than $250,000 raised after an election to pay back loans they gave their own campaigns prior to Election Day. A lawsuit the campaign filed against the FEC will soon reach the U.S. Supreme Court. Cruz’s campaign lawyers are expected to argue the limit is unconstitutional, arbitrarily limits political speech, and deters candidates from loaning money to their campaigns.
The Troubling New Void in Local Journalism – and the Nonprofits Trying to Fill It
MSN – Elahe Izadi (Washington Post) | Published: 12/6/2021
States Newsroom is a network of nonprofit newsrooms covering state government across the country. These outlets keep close tabs on state Legislatures and regulatory agencies where decisions are being made that affect many aspects of daily life for citizens. With funding from foundations and a variety of donors, States Newsroom formed two years ago to attempt to fill a void in what many government watchdogs and civil-society experts believe is one of the biggest manifestations of the local journalism crisis: the dire shortage of reporters covering state government.
From the States and Municipalities
Arizona – Lawmaker’s Bill Would Make Arizona School Board Elections Partisan
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 12/5/2021
State Sen. Michelle Ugenti-Rita believes she has a way of helping Arizona voters identify who they want to run their school boards: make candidates run with their party affiliation. The proposal would scrap the current system where people interested in the unpaid position submit nominating papers and then run against each other in a general election. Instead, all the registered candidates from each party would compete in an August primary, with the winners then facing off in November. it would put Arizona in the minority of states with a similar system, following only Louisiana and Pennsylvania.
Arkansas – State Officials Look to Replace Arkansas’ ‘Clunky,’ ‘Antiquated’ Electronic Campaign-Finance System
Arkansas Democrat-Gazette – Lisa Hammersly | Published: 12/5/2021
Lawmakers and the Arkansas secretary of state’s office are taking steps to procure a new computerized campaign finance system at an estimated cost of $750,000 to $1 million in hopes it will be easier to use. The planned new system, however, is not expected to be in place until after the November 2022 general election. That means candidates and the public have more than a year to coexist with the current system’s flaws. Those include errors and omissions in data, The Arkansas Democrat-Gazette found in examining more than 650,000 campaign contribution and expenditure reports over the past four years.
California – Former Head of DWP Agrees to Plead Guilty to Bribery Charge
MSN – Dakota Smith (Los Angeles Times) | Published: 12/6/2021
The former top executive of the Los Angeles Department of Water and Power (DWP) agreed to plead guilty to a bribery charge in a widening corruption case involving the utility. David Wright accepted bribes from a lawyer in exchange for supporting a $30 million, no-bid DWP contract. Wright also admitted in the plea agreement he participated in several other corrupt schemes while serving as head of the DWP. Paul Paradis, the attorney whose company received the contract, agreed to plead guilty in a scheme that involved him receiving a $2.2-million kickback from another attorney.
California – Lavish Gifts, Expensive Trips: Was California state worker union leader’s spending justified?
MSN – Wes Ventiecher (Sacramento Bee) | Published: 12/3/2021
Records show former Service Employees International Union (SEIU) Local 1000 President Yvonne Walker spent nearly $7,000 on gifts for top union officers and thousands of dollars on international travel for union purposes. That included $4,500 to Disney Resorts in the largest gift to an outgoing officer, along with $5,700 for a flight to Tel Aviv for a labor event and $159 for a celebration at Sacramento’s Device Brewing Company, and other expenditures. IRS rules require the tax-exempt organization to spend its money in ways that benefit members, not themselves. But all the spending potentially was justifiable, according to a tax expert.
California – San Francisco’s City Hall Works to Restore Tarnished Reputation
San Francisco Examiner – Jeff Elder | Published: 12/7/2021
A corruption scandal has spurred ethics reform efforts in San Francisco. The Board of Supervisors voted to prohibit elected officials and city department heads from requesting donations to charities from “interested parties,” including lobbyists, and those seeking contracts and permits from the city. Supervisors cited the federal case in which companies admitted to conspiring to bribe former Public Works Department Director Mohammed Nuru. The San Francisco Ethics Commission is expected to discuss a ballot measure that would lay out broad guidelines on prohibited behavior and ethics training.
California – Wahl Legal Team Agrees to Deposition Date in Ash Street Litigation
San Diego Union Tribune – Jeff McDonald | Published: 12/4/2021
Christopher Wahl, the Southwest Strategies lobbyist who has been meeting privately with San Diego city officials to try to settle litigation over the city’s lease of a high rise, agreed to appear for a deposition in January. San Diego resident John Gordon claimed in his lawsuit that the 20-year lease-purchase deal is illegal. If the interview happens, it comes three months after Wahl was first served a subpoena and some seven weeks after he was initially scheduled to appear for a deposition.
Connecticut – Inquiry Underway into Top Connecticut Prosecutor’s Hiring of Lamont Administration Official’s Daughter. A Former U.S. Attorney Will Investigate.
Hartford Courant – Mark Pazniokas (CT Mirror) | Published: 12/3/2021
Connecticut Gov. Ned Lamont’s administration retained attorneys to investigate “possible improprieties by state employees and possibly others.” Chief State’s Attorney Richard Colangelo Jr. said a focus of the inquiry is the circumstances surrounding his hiring of Anastasia Diamantis, the daughter of Kostantinos Diamantis, one of the budget officials whom Colangelo had been lobbying for help in securing raises. Emails show Anastasia Diamantis was hired as Colangelo unsuccessfully pressed state officials, including her father, for help securing raises for prosecutors.
Florida – House Victory Senior Adviser Resigns Following ‘Ghost Candidate’ Reports
Florida Politics – Renzo Downey | Published: 12/3/2021
Political consultant and fundraiser Dan Newman resigned from the Florida Democrats’ House campaign operation following reports of his ties to a “ghost candidate” scheme. Florida Power and Light (FPL) executives worked with consultants behind the sham candidate scheme currently under investigation for undercutting Senate Democratic candidates last year using Republican strategies. Documents show Newman, who previously lobbied for FPL and has publicly stated he donated to the ghost campaign committee, received a $1.25 million check from FPL for his consulting firm in September 2020. An accompanying text message sent by Newman to consultants read, “The eagle has landed.”
Illinois – Center of ‘Rape Email’ Denies Knowledge of Alleged Illinois Government Coverup
Belleville News-Democrat – John O’Connor (Associated Press) | Published: 12/1/2021
The former campaign worker for Illinois Gov. J.B. Pritzker who is at the center of an email in which a one-time statehouse lobbyist alleged government coverups of a rape and illegal state hiring says he is completely unaware of the purported incidents that have dogged him since the email became public last year. Forrest Ashby, a longtime state employee who worked on the Pritzker’s 2018 campaign, said he never got a direct answer when he confronted the author of the email, Michael McClain – an ex-lobbyist now under indictment in an alleged bribery scheme that tarnished his confidante, former House Speaker Michael Madigan.
Michigan – Sidney Powell, L. Lin Wood Among Attorneys Ordered to Pay $175,000 Over Michigan ‘Kraken’ Suit
MSN – Rosalind Helderman (Washington Post) | Published: 12/2/2021
A federal judge ordered a group of lawyers who brought a failed lawsuit challenging the 2020 election results to pay about $175,000 in legal fees to the state of Michigan and the city of Detroit, the latest in a series of rulings from federal judges seeking to hold lawyers accountable for trying to use the courts to overturn a democratic election. U.S. District Court Judge Linda Parker had already ordered that the group of nine lawyers, including Sidney Powell and L. Lin Wood, be disciplined for their role in the suit, which in August she called “a historic and profound abuse of the judicial process.”
Missouri – Controversial Bill Would Have Aided Missouri Company Under Scrutiny for Contamination
Missouri Independent – Alison Kite | Published: 12/6/2021
Two years ago, a company led by an influential Republican businessperson faced off with the Missouri’s environmental regulators over whether it needed to do additional testing for a chemical that health officials worried could pose a cancer risk to the company’s workers. The company argued the Department of Natural Resources was overzealously enforcing federal hazardous waste testing guidance that was not required by law or regulation. Soon the company’s complaints were reflected in legislation criticized as an attack on the state’s environmental regulation.
New Hampshire – Members of Public Who Attended Legislative Hearings Say They Were Not Contact Traced
Concord Monitor – Ethan DeWitt | Published: 12/4/2021
When Beverly Cotton got the call telling her of a potential COVID-19 exposure at a legislative committee session, it did not come from the New Hampshire House. It came from a fellow audience member. Cotton had joined a dozen other lobbyists, advocates, and reporters to watch the proceedings of the House Election Law Committee. Two days later, she was told someone in the room had later tested positive for COVID-19. The alert was worrying for Cotton, who has an underlying health condition. But the manner in which she received the news was unusual.
New York – New York City Poised to Give Voting Rights to Noncitizens
Yahoo News – Bobby Caina Calvin (Associated Press) | Published: 12/7/2021
Under a bill nearing approval, some 800,000 legally documented, voting-age noncitizens in New York City would be allowed to cast ballots in elections to pick the mayor, city council members, and other municipal officeholders. Noncitizens still would not be able to vote for president or members of Congress in federal races, or in the state elections that pick the governor, judges, and legislators. The move is a counterpoint to restrictions being enacted in some states, where Republicans have espoused unsupported claims of rampant fraud by noncitizens in federal elections.
New York – NY Lt. Gov. Brian Benjamin Changes Answers on Background Check After News’ Expose
New York Daily News – Michael Gartland | Published: 12/6/2021
New state records revealed New York Lt. Gov. Brian Benjamin changed his answers on state background check forms, two weeks after it was reported he provided incorrect information on his original disclosure before being sworn in as Gov. Hochul’s second-in-command. Benjamin refers several times to an addendum on his latest background check form. In it, he concedes that as a candidate, he has “had many interactions with regulatory bodies that oversee elections and campaign finance matters.”
Oregon – Good Government Groups Are Pushing Campaign Finance Limits in Oregon. They Might Have Competition.
OPB – Dirk VanderHart | Published: 12/7/2021
A coalition of good government groups filed three potential ballot measures with the state that would shake up Oregon’s permissive system of funding campaigns. The group says it will decide on one to put forward to voters in 2022, once polling shows which is most popular. While differing in their specifics, each of the proposals would create new limits on what individuals, advocacy groups, corporations, and political parties can contribute to candidates and causes. The proposals also include requirements that political advertisements prominently display top donors, and “dark money” groups disclose their funding sources if they engage in campaigning.
Pennsylvania – PA Senate Election Probe Contract Doesn’t Say If the Public Will See the Results, Among Other Things
WSKG – Sam Dunklau | Published: 12/7/2021
Multiple federal investigations as well as court rulings and state-mandated audits and of ballots from every Pennsylvania county have turned up no evidence of election problems that were out of the ordinary. The Department of State has said the last several election cycles ran smoothly. Even so, Pennsylvania Senate Republicans are paying over $2500,000 in taxpayer money to an Envoy Sage LLC to investigate those elections. Details of the agreement between the two are now public. Democratic senators as well as voter advocates say the document raises more questions than it answers.
Pennsylvania – Philadelphia Gas Works Emails Show Involvement in Drafting Bill That Runs Counter to Climate Goals
StateImpact Pennsylvania – Susan Phillips | Published: 12/3/2021
Philadelphia has as a climate goal of becoming carbon neutral by 2050. But the city owns a large fossil fuel utility, Philadelphia Gas Works (PGW), which represents a major hurdle. Philadelphia is on the verge of releasing a study aimed at figuring out how to transform PGW to cut the city’s carbon emissions. Meanwhile, legislation is making its way through Harrisburg that would tie the hands of municipalities across the state when it comes to electrification. The city opposes the legislation, but emails obtained show PGW executives engaged in crafting, and potentially strengthening, a measure that would block efforts to promote electrification.
Pennsylvania – Philly City Council President Wants to Tweak Ethics Rules. But He Says It’s Not Related to Bobby Henon’s Conviction
MSN – Laura McCrystal (Philadelphia Inquirer) | Published: 12/2/2021
Two weeks after Philadelphia City Councilperson Bobby Henon was convicted of bribery, council President Darrell Clarke proposed a modest tweak of city ethics rules: that council members must provide written notice when they recuse themselves from votes due to a conflict-of-interest. Clarke’s spokesperson denied the new measure was a response to the criminal case. A federal jury found inion leader John Dougherty bought Henon’s loyalty with a $70,000 annual union salary.
Pennsylvania – The Pa. Politicians Who Got Local 98 Campaign Money Aren’t Having Second Thoughts, Even After Johnny Doc’s Conviction
MSN – Jonathan Tamari and Andrew Seidman (Philadelphia Inquirer) | Published: 12/8/2021
Convicted of bribery, the powerful Philadelphia labor leader John Dougherty has resigned from the union he led for almost three decades and is likely headed to federal prison. But prominent Pennsylvania politicians who’ve benefited from the union’s largesse are not renouncing its campaign money or saying much of anything about the trial that illustrated the city’s sometimes toxic mix of money and politics. Only one major recipient expressed any qualms about the contributions, which ranged from thousands of dollars to more than $1 million.
Texas – Justice Dept. Sues Texas Over Redistricting, Citing Discrimination Against Latinos
MSN – David Nakamura and Devlin Barrett (Washington Post) | Published: 12/6/2021
The U.S. Justice Department sued Texas for the second time in a month over voting-related concerns, this time alleging Republican state lawmakers discriminated against Latinos and other minorities when they approved new congressional and state legislative districts that increased the power of White voters. Attorney General Merrick Garland’s announcement marked the Biden administration’s first major legal action on redistricting. While the U.S. Supreme Court has declined to put limits on partisan gerrymandering, it is illegal to draw lines that are unfair to racial and ethnic minorities.
Utah – Proposed Ballot Initiative Would Return Utah to In-Person Paper Balloting on Election Day
Salt Lake Tribune – Brian Schott | Published: 12/7/2021
A group called Secure Vote Utah is hoping to get enough signatures to put an initiative on the 2022 ballot to do away with the state’s mail-in elections in favor of all paper ballots. The proposal also scraps early voting and most absentee balloting and makes it more difficult to register to vote. As it stands, every registered voter in the state is sent a ballot through the mail. If voters approve the initiative, nearly all voting would use paper ballots, marked by a pen or pencil, at neighborhood polling places. The only exceptions are for disabled individuals who need a mechanical method for voting.
Wisconsin – Wisconsin Family Action Sues to Strike Down Campaign Finance Rule to Shield Names of Its Donors
Yahoo News – Patrick Marley (Milwaukee Journal-Gazette) | Published: 12/6/2021
Wisconsin Family Action filed a lawsuit saying it was reluctant to spend money in two congressional races because it feared the FEC would try to force it to disclose the names of its donors. It is asking U.S. District Court Judge William Griesbach to declare some of the FEC’s regulations unconstitutional. The lawsuit alleges the agency is trying to require groups like Wisconsin Family Action to disclose the names of donors who give more than $200 even if the money is not intended for political efforts.
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