November 11, 2022 •
News You Can Use Digest – November 11, 2022
National/Federal Democrats Buck Midterm History to Win Control of 4 States Yahoo News – David Lieb (Associated Press) | Published: 11/9/2022 Defying historic midterm trends, Democrats wrested control of state legislative chambers away from Republicans in Michigan and Minnesota while also […]
National/Federal
Democrats Buck Midterm History to Win Control of 4 States
Yahoo News – David Lieb (Associated Press) | Published: 11/9/2022
Defying historic midterm trends, Democrats wrested control of state legislative chambers away from Republicans in Michigan and Minnesota while also gaining full control of state Capitols in Maryland and Massachusetts. The Democrats’ gains gave them power to set agendas in four states that previously had politically divided governments. Only twice since 1900 had the president’s party posted a net increase in state legislative seats during a midterm election – in 1934 and in 2002, a year after the September 11 terrorist attacks.
‘Espionage Lite’ or Deal Making? Prosecutors Struggle to Draw a Line.
DNyuz – Rebecca Davis O’Brien (New York Times) | Published: 11/7/2022
Thomas Barrack, an adviser to former President Trump, was acquitted of violating federal law by acting as a foreign agent without authorization while trying to help the United Arab Emirates influence the Trump administration. The charges included acting as an agent of a foreign government without notifying the attorney general, a charge the Justice Department has referred to as “espionage lite,” a violation of Section 951 of the U.S. criminal code. In recent cases, the misconduct charged under the law more closely resembles lobbying, business dealings, or management consulting. “[Prosecutors] are now using the statute in this very fuzzy context of influence,” said Robert Kelner, an expert on government ethics law.
Fed Up with Political Text Messages? Read On.
Yahoo News – Natasha Singer (New York Times) | Published: 11/5/2022
In October, people in the United States received an estimated 1.29 billion political text messages, about twice as many as in April, according to an app that blocks Robocalls and spam texts. Many voters have complaints about it. Many were rife with divisive language or deceptive content. Political texting is becoming a go-to method for spreading doomsday scenarios, lies, and campaign smears. FEC rules requiring political ads on broadcast television, cable, and radio to disclose their sponsors do not apply to political text messages.
Federal PAC Supporting Ron DeSantis’ Presidential Bid Sues FEC Over List-Sharing Ruling
Open Secrets – Taylor Giorno | Published: 11/3/2022
Ready for Ron sued the FEC after the agency blocked the hybrid PAC from sharing a petition with tens of thousands of supporters and their contact information with Florida Gov. Ron DeSantis to encourage him to run for president in 2024. At the heart of the lawsuit is whether that list, something campaigns typically spend a lot of money compiling, is political speech or an in-kind contribution. If successful, the lawsuit could poke more holes in regulations barring coordination between super PACs and campaigns, experts said.
Former Government Officials’ Details Missing from Hundreds of Lobbying Returns
thejournal.ie – Stephen McDermott and Cormac Fitzgerald | Published: 11/9/2022
Dozens of former government officials who subsequently lobbied senior figures have incorrectly appeared as ‘ordinary; lobbyists on Ireland’s register of lobbying. An analysis found almost 400 returns on the Lobbying Register in which ex-ministers, ministerial advisers, and secretaries general were not listed as what are known as former Designated Public Officials as required by law. The incomplete entries included lobbying returns filed on behalf of multinationals such as Google, Huawei, Diageo, and Merck.
GOP Exuberance Crashed into Democratic Resistance to Defy Midterm Expectations
MSN – Dan Balz and Dan Keating (Washington Post) | Published: 11/9/2022
Few foresaw that Democrats would defy expectations of a “red wave” in the midterm elections, but the pattern of results has been a part of the country’s politics for some time, ever since Donald Trump won the White House in 2016. The forces that aligned against Trump in 2018 and 2020 were evident again on November 8. Abortion and concerns about extremism in the GOP proved as potent in energizing voters on the left as inflation, crime, and illegal immigration did in aiding Republicans. President Biden’s low approval ratings turned out to be less catastrophic for Democratic candidates than history would have suggested.
How Trump’s Bogus Election Day Claims Broke Through Facebook and Twitter Bans
MSN – Mark Scott (Politico) | Published: 11/9/2022
Donald Trump spent Election Day posting unfounded allegations on his own Truth Social platform, as well as on the encrypted messenger Telegram. Those platforms are far smaller than Facebook and Twitter, which have banned Trump, and state officials quickly debunked the claims. But his accusations boomeranged onto more mainstream platforms as candidates, high-profile influencers, and voters shared his allegations. It offers a preview of how hard it will be for even powerful platforms to contain false or misleading statements by the former president in 2024.
Investigators Search for Pricey Gifts to Trump from Foreign Leaders
MSN – Jacqueline Alemany and Josh Dawsey (Washington Post) | Published: 11/4/2022
Congressional investigators are looking for dozens of pricey mementos gifted to former President Trump and his family members by foreign governments. The House Oversight Committee has asked for help in locating the items from the National Archives, which is among the agencies charged with keeping presidential gifts. The committee asked the archives to check whether the gifts are among the items transferred there from the White House at the end of Trump’s presidency as required by law. The committee is also seeking records from Trump’s team about its record keeping, a Trump adviser said.
Private Equity Firm Bets on Washington
MSN – Theodoric Meyer (Washington Post) | Published: 11/10/2022
Private equity is pouring more money into Washington, D.C., investing in a group of polling, public relations, lobbying, and political consulting firms. Seidler Equity Partners, a private equity firm based in California, has taken a minority stake in a conglomerate of 10 firms. Seidler’s investment will allow GP3 Partners to buy more companies to become a bigger player in Washington, said Darrell Lauterbach, GP3’s chief executive. K Street is highly fragmented, with hundreds of lobbying, law, communications, and political consulting firms competing for business.
Spanish Govt Proposes Rules for Lobbyists, Public Officials
Yahoo News – Associated Press | Published: 11/8/2022
Spain’s Council of Ministers introduced a bill to increase the transparency of interactions between public officials and lobbyists. Officials involved in any stage of policymaking would have to report their meetings with representatives of companies or groups that hoped to influence governmental decisions. Lobbyists would need to enroll in a new electronic registry of interest groups to carry out any encounters with any members of the government, among other provisions.
The FEC Isn’t Enforcing the Law. Does It Even Matter?
Mother Jones – Russ Choma | Published: 11/8/2022
With the three Democratic commissioners and the three Republican commissioners on the FEC deadlocked for years, the agency has failed to reach any meaningful consensus on major enforcement issues. Transparency activists are upset over the actions of the FEC’s newest Democratic member who joined the agency in August. Dara Lindenbaum has several times voted with the Republicans to dismiss enforcement cases that advocates had hoped would be pushed to the courts to decide. Lindenbaum and Republican Chairperson Allen Dickerson say that by finding a kind of bi-partisan agreement they are getting the FEC moving again.
Trump Called a Protest. No One Showed. Why GOP Efforts to Cry Foul Fizzled This Time.
MSN – Rosalind Helderman, Patrick Marley, and Tom Hamburger (Washington Post) | Published: 11/9/2022
After two years of promises from Donald Trump and his supporters they would flood polls and counting stations with partisan watchers to spot alleged fraud, after threats lodged against election workers, and after postings on internet chat groups called for violent action to stop supposed cheating, a peaceful Election Day drew high turnout and only scattered reports of problems. Election officials said they believed the relative normalcy resulted from a combination of concerted effort on the part of well-prepared poll workers and voters, as well as that some of Trump’s loudest supporters were less potent than they had claimed.
U.S. Judiciary Launches Online Database of Judges’ Financial Disclosures
Reuters – Nate Raymond | Published: 11/7/2022
Members of the public will be able to search federal judges’ financial disclosure reports detailing their assets and stock trades through a congressionally mandated online database that went live recently. The launch comes after President Biden in May signed into law a bipartisan bill that would make it easier for the public to see if a judge has a financial conflicts-of-interest warranting his or her recusal from hearing a case. The law was prompted by a Wall Street Journal report that more than 130 federal judges had failed to recuse themselves from cases involving companies in which they or their family members owned stock.
From the States and Municipalities
Arizona – Arizona Voters Back Ballot Measure Taking Aim at ‘Dark Money’
MSN – Isaac Stanley-Becker (Washington Post) | Published: 11/9/2022
Arizona voters approved a ballot measure that aims to curb “dark money” in elections. The money is veiled because it travels through nonprofits, which are exempt under current law from disclosing their donors. Proposition 211 requires any group making independent expenditures of at least $50,000 in statewide races or $25,000 in other races to report donors contributing more than $5,000. Approval of the measure could galvanize similar efforts elsewhere, said Terry Goddard, the former Arizona attorney general who spearheaded the move to put the issue on the ballot,
California – Inside the L.A. County Sheriff’s Department Corruption Investigation of Its Own Watchdogs
MSN – Michael Finnegan and Laura Nelson (Los Angeles Times) | Published: 11/3/2022
Los Angeles County Sheriff’s Department searched the home of county Supervisor Sheila Kuehl’s after it had spent three years looking into an allegation that Kuehl, one of Sheriff Alex Villanueva’s harshest critics, had taken bribes from a friend in return for Metropolitan Transportation Authority contracts. A Los Angeles Times review of the case found it is based on the testimony of one person, a former Metro employee named Jennifer Loew, who brought her bribery complaint to at least four law enforcement agencies but found a receptive audience only at the Sheriff’s Department. The Times found no evidence to support Loew’s allegation.
California – Jury Returns Guilty Verdicts on All Counts in Santa Clara County Sheriff Corruption Trial
MSN – Robert Salonga (Bay Area News Group) | Published: 11/3/2022
A jury reached guilty verdicts on all six counts in the civil corruption trial of now-former Santa Clara County Sheriff Laurie Smith, capping a monthlong trial that Smith nearly upended with her abrupt resignation, though a judge ordered the case to continue. A grand jury’s formal accusations alleged she illicitly steered concealed-carry weapons permits to donors and supporters, undermined state gift-reporting laws, and stifled a civilian auditor’s probe into a high-profile injury case at the county jail.
Florida – Conflicts of Interest, Cronyism at SFRTA, Tri-Rail’s Operator, Amid Furtive Renewal of Costly Lobbying Contract
Florida Bulldog – Dan Christensen | Published: 11/7/2022
The governing board of the South Florida Regional Transportation Authority (SFRTA), ditched staff plans to seek bids for lobbying services and instead rehired its longtime lobbyist amid apparent cronyism, conflicts-of-interest, and possibly wasteful spending. The rehiring of lobbyist Candice Ericks, vice president of TSE Consulting, the lobbying arm of the Tripp Scott law firm, came during a March meeting. Among the SFRTA board members who voted to abandon seeking bids and renew Ericks’s expiring $246,000-a-year contract was Ericks’s own boss – Tripp Scott co-founder, fellow TSE lobbyist, and SFRTA Vice Chairperson James Scott.
Georgia – Georgia’s Senate Race Will Go to a Runoff Between Warnock and Walker
MSN – Mariana Alfaro (Washington Post) | Published: 11/9/2022
The U.S. Senate race in Georgia between Democratic incumbent Raphael Warnock and Republican Herschel Walker is heading to a December 6 runoff. Georgia Secretary of State Brad Raffensperger said the state has looked at “the outstanding vote totals and neither one would be on 50 percent,” the threshold needed for victory. Georgia is one of two states, along with Louisiana, in which runoffs are required during general elections when no candidate secures more than half the votes.
Georgia – Gingrich Ordered to Appear Before Ga. Grand Jury Probing 2020 Election
MSN – Tom Jackman (Washington Post) | Published: 11/9/2022
A Virginia judge rejected an attempt by former House Speaker Newt Gingrich to evade a summons for his grand jury testimony in Georgia, where Fulton County District Attorney Fani Willis is investigating efforts by supporters of former President Trump to overturn the 2020 election results in that state. Gingrich’s lawyers argued the federal law that normally requires states to honor out-of-state grand jury summonses should not apply in this case because the special grand jury in Georgia lacks the power to indict. But Fairfax County Circuit Court Judge Robert Smith said the law does not parse out a difference between types of grand juries.
Hawaii – Hawaii May Soon Have More Tools to Prosecute Public Corruption
Honolulu Civil Beat – Blaze Lovell | Published: 11/9/2022
A statewide standards commission recommended new felonies dealing with fraud, false claims, and statements that may allow state and county prosecutors to bring charges against public officials similar to those brought by federal prosecutors in a string of public corruption cases this year. The U.S. Department of Justice has brought a handful of cases dealing with bribery and other forms of public corruption in Hawaii under the broad federal crime of honest services wire fraud. “It would have been difficult if not impossible to charge those cases under the existing state laws,” Flo Nakakuni, a deputy Honolulu prosecutor.
Kentucky – Kentucky Rejects Amendment 1, in Blow to Legislature’s GOP Supermajority
MSN – Joe Sonka (Louisville Courier-Journal) | Published: 11/8/2022
Kentucky voters rejected a ballot referendum that would have amended the state constitution to allow lawmakers to call themselves into a special session, a victory for Democratic Gov. Andy Beshear over the supermajority Republican Legislature. Only the governor can call legislators into a special session, during which they are only permitted to pass bills that are within the parameters set by the governor, as Beshear did in August to address flood relief.
Kentucky – ‘Shocks the Conscience.’ Panel Orders Kentucky Judge Removed Over Ethics Violations
MSN – Bill Estep (Lexington Herald Leader) | Published: 11/4/2022
A Kentucky judge committed a long list of violations that included mismanaging his courtroom, pressuring people for campaign contributions, violating people’s rights, and rigging bids for a home-detention monitoring service, a state ethics panel ruled. The Judicial Conduct Commission issued an order removing Circuit Court Judge James Jameson from office. Jameson was up for reelection, but the panel went further to say he is unfit for office in a new term as well.
Maine – Maine Gives Companies More Time to Disclose PFAS Use After Requests from Lobbying Groups
Bangor Daily News – Mehr Sher | Published: 11/7/2022
Maine lawmakers passed a law last year to require all manufacturers selling items in the state, from cars to T-shirts, to disclose whether their products contain toxic chemicals. Requiring disclosure was also a step toward Maine’s plan to prohibit the sale of products containing the per- and polyfluoroalkyl substances, known as PFAS. As the deadline to make the information public approaches, the state has been allowing national lobbying groups to delay the requirement on behalf of their members, some of whom said they did not even know they had been granted an extension.
Massachusetts – AP Sources: Justice Dept. watchdog probing Mass. US attorney
Yahoo News – Alanna Durkin Richer and Michael Balsamo (Associated Press) | Published: 11/7/2022
The Justice Department’s inspector general has opened an investigation of the top federal prosecutor in Massachusetts, prompted by U.S. Attorney Rachel Rollins’ appearance at a political fundraiser featuring first lady Jill Biden. The inspector general’s office is focusing on Rollins’ attendance at the Democratic National Committee event in July as well as her use of her personal cellphone to conduct official business. An investigation by the department’s internal watchdog targeting one of the nation’s 93 U.S. attorneys, is highly unusual.
Massachusetts – Former State Police Union Head Dana Pullman, Lobbyist Anne Lynch Convicted of Racketeering, Fraud
MSN – Tom Matthews (MassLive) | Published: 11/3/2022
The former president of the Massachusetts State Police union, Dana Pullman, and former lobbyist Anne Lynch were convicted by a federal jury of racketeering, fraud, obstruction of justice, and tax crimes. Pullman was the president of the State Police Association of Massachusetts (SPAM) from 2012 until his resignation in 2018. Lynch’s lobbying firm represented SPAM during the same time. Pullman and Lynch defrauded SPAM members and the state when Lynch paid Pullman a $20,000 kickback in connection with a settlement agreement between SPAM and the state, officials said.
Michigan – Proposal 1: Michigan voters pass term limits, financial disclosure reform measure
Detroit News – Carol Thompson | Published: 11/8/2022
Michigan voters overwhelmingly passed a constitutional amendment that would require state lawmakers to disclose some information about their personal finances and relax legislative term limits. Michigan is one of few states that do not require lawmakers to disclose anything about their personal finances while in office. Proposal 1 requires legislators, the governor, secretary of state, and attorney general to file annual financial disclosure reports starting in April 2024.
New Jersey – Lawmaker Calls for Review of State Office That Prosecutes Public Corruption Cases
New Jersey Monitor – Dana DiFilippo | Published: 11/4/2022
New Jersey Joe Cryan is calling for an independent review of the state attorney general’s office of public integrity and accountability after a Bergen County judge dismissed a public corruption indictment and raised questions about the office’s ethical conduct. Cryan’s demand comes after several high-profile losses for the office, which former Attorney General Gurbir Grewal launched in 2018 to prosecute public officials and law enforcement for misconduct.
New Mexico – State Files Lawsuit Against Political Action Committee
KRQE – Curtis Segarra | Published: 11/9/2022
New Mexico’s Ethics Commission filed a lawsuit against a political advocacy group, alleging the Working Families Organization, which funded a text message campaign to influence voters, did not properly disclose who was funding the campaign. The lawsuit also alleges the group did not properly register with the New Mexico secretary of state’s office as a political committee.
New York – Trump’s Company to Get a Court Monitor, Judge Rules
MSN – Josh Gerstein (Politico) | Published: 11/3/2022
A judge granted the New York attorney general’s request that former President Trump’s business be overseen by an independent monitor. The order requires the Trump Organization’s dealings with banks and sale of major assets be subject to supervision by a third-party expert to be named by the court. The monitor will oversee attempts to transfer assets and will screen any future reports of Trump’s net worth to financial and insurance institutions.
North Dakota – North Dakota Voters OK Term Limits for Governor, Legislators
Associated Press News – James MacPherson | Published: 11/9/2022
Voters in North Dakota approved term limits for their governor and state legislators. The ballot measure adds an article to the state constitution limiting lawmakers to eight years each in the state House and Senate. A governor could not be elected more than twice.
Ohio – Ohio County Auditor Wins Reelection Weeks Before His Corruption Trial
MSN – Erin Glynn (Cincinnati Enquirer) | Published: 11/9/2022
An indicted county auditor in Ohio won his reelection race just weeks before he is scheduled to face trial on six charges related to public corruption. If Butler County Auditor Roger Reynolds is convicted of a felony, the county Republican Party would appoint his replacement. Reynolds has pleaded not guilty and said the charges are false and politically motivated.
Oregon – NRA Committee to Be Fined for Delay in Reporting Donation to Campaign against Oregon Measure 114 Gun Control Initiative
Portland Oregonian – Maxine Bernstein | Published: 11/7/2022
The Oregon Elections Division said it will fine a National Rifle Association political committee more than $8,000 for the tardy reporting of a $25,700 donation to the campaign opposing Measure 114, a gun control ballot proposal. The NRA Oregonians for Freedom committee received the contribution from the NRA Political Victory Fund on July 29 but did not report it until November 1, far beyond the 30-day deadline.
Oregon – Oregon Voters Pass Measure 113, Punishing Lawmakers for Walkouts
Portland Oregonian – Hillary Borrud and Gosia Wozniacka | Published: 11/8/2022
Oregon lawmakers who boycott the state Capitol for an extended period to defeat legislation they oppose could now face a penalty after voters approved Measure 113. The ballot measure amends the state constitution so that going forward, any lawmaker with at least 10 unexcused absences will be disallowed from serving in the Legislature during the subsequent term. Republicans used walkouts in 2019 and 2020 to kill Democrats’ environmental reform plans and to defeat vaccine and gun regulation bills.
Pennsylvania – Kenyatta Johnson and His Wife, Dawn Chavous, Acquitted at Federal Bribery Trial
MSN – Jeremy Roebuck and Oona Goodin-Smith (Philadelphia Inquirer) | Published: 11/2/2022
A federal jury found Philadelphia City Councilperson Kenyatta Johnson not guilty of participating in a bribery scheme that allegedly saw him accept thousands of dollars from two former nonprofit executives in exchange for political favors. Jurors also acquitted Johnson’s wife, Dawn Chavous, along with former executives at Universal Companies, Abdur Rahim Islam and Shahied Dawan. The jury rejected the government’s accusations that Johnson sold the powers of his office to the executives, who funneled their payoffs through a sham $67,000 consulting contract with Chavous.
Pennsylvania – Mistrial Declared in Trial of Nonprofit Executives Accused with Kenyatta Johnson
MSN – Jeremy Roebuck (Philadelphia Inquirer) | Published: 11/7/2022
A federal judge declared a mistrial in the case of two codefendants of Philadelphia City Councilperson Kenyatta Johnson who were facing separate charges of embezzling funds and bribing a school official in Wisconsin. The decision came after one of the jurors who had been hearing the case against Rahim Islam and Shahied Dawan, former executives at the nonprofit Universal Companies, contacted COVID during the trial. Typically, that juror would have been replaced and the trial would have continued. But due to a high jury turnover rate throughout the trial, there were no alternate jurors left.
Tennessee – Nashville Council Member Faces Ethics Inquiry After Constituent’s Car Towed
MSN – Cassandra Stephenson (The Tennessean) | Published: 11/9/2022
A Nashville Councilperson Joy Styles is facing accusations she misused her authority to have a constituent’s car towed. The Metro Ethical Conduct Board reviewed a complaint against Styles and voted to hold a hearing in December to review allegations of improper use of official power. Nicole Weatherspoon, a resident of Styles’ district, filed an ethics complaint that accused Styles of improperly authorizing a company to tow Weatherspoon’s vehicle, which had a flat tire, from a public road. The complaint says a Performance Towing & Recovery employee told Weatherspoon the vehicle was towed under the authorization of “your councilwoman.”
Texas – Ads Against Abbott, Other Texas Republicans by Coulda Been Worse Test Campaign Ethics Law
MSN – Allie Morris and Robert Garrett (Dallas Morning News) | Published: 11/4/2022
The third biggest spender in Texas elections this year is a shadowy group that has not disclosed any information to the state, and is testing the limits of campaign finance law, experts said. Coulda Been Worse LLC has dumped more than $25 million into ads opposing Gov. Greg Abbott and other top Republicans. Since forming out of state in late August, Coulda Been Worse has not revealed its donors or leadership. Ethics experts and open government advocates say voters deserve to know who is trying to influence elections.
Texas – Fifth Circuit Parses Texas Ban on Boycotting Israel
Courthouse News Service – Cameron Langford | Published: 11/7/2022
Palestinians started the so-called boycott, divestment, and sanctions (BDS) movement to protest Israel’s occupation of Gaza and the West Bank. It advocates for refraining from doing business with the Israeli government or companies that benefit from Israel’s occupation of the Palestinian territories. Texas passed an anti-BDS law but pared it down later, excluding sole proprietorships, companies with nine or less employees, and contracts under $100,000. A company sued Houston and Texas Attorney General Ken Paxton, seeking an injunction ordering the city to remove the clause from its contract offer and declare the law unconstitutional.
Washington DC – D.C. Elections Board Denies Silverman’s Request to Vacate Ruling on Ward 3 Poll
MSN – Michael Brice-Saddler (Washington Post) | Published: 11/4/2022
The District of Columbia Board of Elections ruled city Councilperson Elissa Silverman’s due-process rights were not violated when the Office of Campaign Finance (OCF) determined she misspent public campaign funds on polling for the Democratic primary, despite her objections about the breadth and timeline of the probe. The OCF ordered Silverman to return $62,000 for the cost of two polls she commissioned ahead of the June primary.
Wisconsin – Military Ballots in Wisconsin Will Be Counted Under Judge’s Ruling
MSN – Patrick Marley (Washington Post) | Published: 11/7/2022
A judge declined to delay or prevent the counting of military ballots in Wisconsin in a lawsuit that came after a disaffected election worker said she reached a “breaking point” and created three fake ballots to highlight flaws in the state’s voting system. Kimberly Zapata, who at the time was Milwaukee’s deputy elections director, told prosecutors she ordered the fake ballots because she was frustrated by Republicans focusing on baseless claims instead of actual weaknesses in Wisconsin’s voting procedures. Prosecutors charged Zapata with felony misconduct in office, and she was fired from her position with the city.
November 9, 2022 •
Wednesday’s LobbyComply News Roundup
Campaign Finance National: “The FEC Isn’t Enforcing the Law. Does It Even Matter?” by Russ Choma for Mother Jones Oregon: “NRA Committee to Be Fined for Delay in Reporting Donation to Campaign against Oregon Measure 114 Gun Control Initiative” by […]
Campaign Finance
National: “The FEC Isn’t Enforcing the Law. Does It Even Matter?” by Russ Choma for Mother Jones
Oregon: “NRA Committee to Be Fined for Delay in Reporting Donation to Campaign against Oregon Measure 114 Gun Control Initiative” by Maxine Bernstein for Portland Oregonian
Elections
National: “Democrats Show Strength, Leaving Fight for Control of Congress Unresolved” by Hannah Knowles and Michael Scherer (Washington Post) for MSN
National: “Biggest Surge of Misinformation May Arrive After Election Day, Researchers Say” by Stuart Thompson (New York Times) for Seattle Times
Ethics
National: “U.S. Judiciary Launches Online Database of Judges’ Financial Disclosures” by Nate Raymond for Reuters
Massachusetts: “AP Sources: Justice Dept. watchdog probing Mass. US attorney” by Alanna Durkin Richer and Michael Balsamo (Associated Press) for Yahoo News
Wisconsin: “Military Ballots in Wisconsin Will Be Counted Under Judge’s Ruling” by Patrick Marley (Washington Post) for MSN
Lobbying
Europe: “Spanish Govt Proposes Rules for Lobbyists, Public Officials” by Associated Press for Yahoo News
Procurement
Texas: “Fifth Circuit Parses Texas Ban on Boycotting Israel” by Cameron Langford for Courthouse News Service
October 28, 2022 •
News You Can Use Digest – October 28, 2022
National/Federal Bannon Gets 4 Months Jail Term for Defying Jan. 6 Committee Subpoena Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/21/2022 A judge sentenced longtime Donald Trump adviser Steve Bannon to four months in jail for defying […]
National/Federal
Bannon Gets 4 Months Jail Term for Defying Jan. 6 Committee Subpoena
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/21/2022
A judge sentenced longtime Donald Trump adviser Steve Bannon to four months in jail for defying a subpoena from lawmakers investigating the attack on the Capitol by a pro-Trump mob. He will also pay a $6,500 fine. U.S. District Court Judge Carl Nichols said Bannon inappropriately defied the select committee on a matter of significant national interest, and even after roadblocks to his testimony had been removed. A jury convicted Bannon on two charges of contempt of Congress – one for refusing to testify to the January 6 select committee, another for refusing to provide relevant documents to the panel.
Big K Street Players Spend More as Election Uncertainty Brews
MSN – Kate Ackley (Roll Call) | Published: 10/21/2022
K Street’s 10 biggest spenders have shelled out a combined $238.3 million on federal lobbying so far this year, as the industry now gears up for brewing uncertainty when lawmakers return after the midterm elections. Business groups, led by the U.S. Chamber of Commerce, as well as health care, pharmaceutical, and technology interests, topped spending in the first three quarters of this year, as Congress moved climate, health, and tax legislation and a new law to boost domestic semiconductor manufacturing.
Head of UK Lobbying Watchdog Calls for Tougher Disclosure Rules
Guardian – Rowena Mason | Published: 10/26/2022
The head of the United Kingdom’s lobbying watchdog called for tougher disclosure rules to show which ministers have been solicited, as well as a review of exemptions to the rules. Harry Rich, who is in charge of the register of consultant lobbyists and their clients, is making suggestions for more transparent lobbying declarations in a submission to parliament’s public administration and constitutional affairs committee in his first public intervention on the subject since taking the job in 2018.
How Votes Are Cast and Counted Is Increasingly Decided in Courtrooms
MSN – Patrick Marley (Washington Post) | Published: 10/26/2022
Disputes over redistricting, voter IDs, voting hours, recounts, and other election-related policies have long run parallel to political campaigns, but the numbers are rising. The increase began after the U.S. Supreme Court decided the 2000 presidential election and the trend reached a high in 2020, when the coronavirus pandemic prompted a host of new voting rules. Election experts say courts have the power to clarify vague laws or policies and resolve key questions before ballots are cast, but many also contend the barrage of lawsuits increases the chances of last-minute rulings that can spur voter confusion.
Jan. 6 Panel Issues Subpoena to Trump, Demanding He Testify
MSN – Farnoush Amiri and Mary Clare Jalonick (Associated Press) | Published: 10/21/2022
The House committee investigating the attack on the U.S. Capitol issued its subpoena of Donald Trump, demanding testimony from the former president who lawmakers say “personally orchestrated” a multi-part effort to overturn the results of the 2020 election. The panel issued a letter to Trump’s lawyers saying he must testify, either at the Capitol or by videoconference, “beginning on or about” November 14 and continuing for multiple days if necessary. The letter also outlined a request for a series of corresponding documents, including personal communications between Trump and members of Congress as well as extremist groups.
Law Firms Eager for US Regulatory Clarity on Foreign Lobbying
Bloomberg Law – Ben Penn | Published: 10/26/2022
Carrying a maximum prison sentence of five years for willful offenders, the Foreign Agents Registration Act mandates public disclosures when individuals, companies, or nonprofits act on behalf of foreign interests. It contains exceptions that apply to attorneys, which have proven difficult to interpret for work at the border of legal representation and political advocacy. Those exemptions are now slated for a regulatory rewrite, with implications for lawyers, both those hoping to provide clarity to clients on whether they need to register and others concerned about their own need to file. The proposal is expected by the end of 2022.
Mar-a-Lago Classified Papers Held U.S. Secrets About Iran and China
MSN – Devlin Barrett (Washington Post) | Published: 10/21/2022
Some of the classified documents recovered by the FBI from Donald Trump’s Mar-a-Lago estate included highly sensitive intelligence regarding Iran and China, according to people familiar with the matter. If shared with others, the people said, such information could expose intelligence-gathering methods the U.S. wants to keep hidden from the world. The secret documents about Iran and China are considered among the most sensitive the FBI has recovered in its investigation of Trump and his aides for possible mishandling of classified information, obstruction, and destruction of government records, the people said.
Menendez Facing Another Federal Investigation
MSN – Matt Friedman (Politico) | Published: 10/26/2022
Sen. Bob Menendez is facing another federal ethics investigation. It was reported that the U.S. Attorney’s Office for the Southern District of New York is investigating Menendez five years after a jury deadlocked on corruption charges against him. Prosecutors at first announced plans to try Menendez again but backed off. The new investigation threatens to cloud Menendez’s expected reelection campaign in 2024.
Social Security Whistleblowers Say They Were Sidelined for Exposing Fines
Yahoo News – Lisa Rein (Washington Post) | Published: 10/25/2022
Joscelyn Funnié and Deborah Shaw, attorneys in the Social Security Administration’s inspector general’s office, were removed from their jobs and placed on paid leave after expressing concerns about large fines imposed on disabled and poor elderly people. They were eventually reinstated. But since returning to work under Inspector General Gail Ennis, they said they have been excluded from meaningful assignments, given tasks below their experience and abilities, and denied opportunities for advancement. Experts on whistleblowers describe the treatment as evidence of retaliation in a case that is the focus of three ongoing probes.
From the States and Municipalities
Arizona – A Retiree Served Food to the Homeless for Years. Then It Got Her Arrested.
MSN – Jonathan Edwards (Washington Post) | Published: 10/26/2022
Police often patrolled Community Park in Bullhead City, Arizona, so Norma Thornton ignored two officers when they pulled up in cruisers as she finished serving food to homeless people. When one of the officers said he was arresting her for violating the city’s new ordinance that outlawed people serving prepared food in public parks for “charitable purposes,” Thornton suspected a prank. Only when the officer put her in the back seat of his cruiser did reality set in. Thornton recently filed a lawsuit against Bullhead City, accusing the officers of violating her civil rights. She is asking a federal judge to declare the ordinance unconstitutional.
Arizona – Ariz. Democratic Governor Candidate Hobbs Reports Break-In at Campaign Office
MSN – Amy Wang (Washington Post) | Published: 10/27/2022
The campaign for Arizona Democratic gubernatorial candidate Katie Hobbs said its Phoenix office was broken into and police are investigating the incident. A spokesperson for Hobbs, Arizona’s secretary of state, implicitly blamed Hobbs’s Republican rival, Kari Lake, a charge Lake scoffed at as “absurd.” Phoenix police said unspecified items were taken, according to The Arizona Republic. In surveillance images obtained by the newspaper, a young man wearing shorts and a green T-shirt can be seen inside the building.
Arizona – Arizona Sheriff Steps Up Security Around Ballot Drop Boxes
MSN – Associated Press | Published: 10/25/2022
The sheriff in metropolitan Phoenix said he stepped up security around ballot drop boxes after a series of incidents involving people keeping watch on the boxes and taking video of voters after they were apparently inspired by lies about the 2020 election. Deputies responded recently when two masked people carrying guns and wearing bulletproof vests showed up at a drop box in Mesa, a Phoenix suburb. The secretary of state said her office has received six cases of potential voter intimidation to the state attorney general and the U.S. Department of Justice, as well as a threatening email sent to the state elections director.
Arkansas – Federal Judge Signs Off on Prosecution’s Motion to Dismiss Charges Against Gilbert Baker
Arkansas Democrat-Gazette – Dale Ellis | Published: 10/25/2022
A federal judge dismissed bribery and wire fraud charges against former Arkansas Sen. Gilbert Baker. Baker was indicted on one count each of conspiracy to commit bribery and bribery concerning programs receiving federal funds, and seven counts of honest services wire fraud. Prosecutors accused Baker of bribing former Faulkner County Circuit Court Judge Michael Maggio in 2013 as part of a scheme to get Maggio to lower a financial judgment against Greenbrier Nursing and Rehabilitation Center. A judge declared a mistrial when jurors acquitted Baker on the conspiracy count but could not reach a verdict on the remaining counts.
California – California Sets Up Age Requirement for Those Handling Political Campaign Bucks
Marin Independent Record – Gabriel Greschler (Bay Area News Group) | Published: 10/20/2022
The California Fair Political Practices Commission passed a rule prohibiting anyone under the age of 18 to be hired for a position that requires them to sign campaign finance documents under penalty of perjury. The change will mostly apply to a campaign’s treasurer but could affect other positions that involve financial decisions. Milpitas City Councilperson Anthony Phan was found to have hired his 14-year-old cousin as his treasurer during a bid for a council seat in 2016.
California – Ethics Reform Proposal Stalled Amid Endless Negotiations Between City, Union
San Francisco Examiner – Adam Shanks | Published: 10/19/2022
A proposal to reform San Francisco’s ethics laws has been stalled for months amid prolonged negotiations with the union that represents top city officials. The union says it needs time to study the proposal and its many ramifications, but the city’s Ethics Commission says it is simply dragging its feet on reform. The Municipal Executives Association has been exercising its right to weigh in on the proposal for nearly a year despite a push from the Ethics Commission, which authored the reforms, to put it before voters in the form of a ballot measure.
California – Ex-Anaheim Mayor Refuses to Publicly Disclose Emails Amid FBI Corruption Investigation
MSN – Nathan Fenno, Gabriel San Román, and Adam Elmahrek (Los Angeles Times) | Published: 10/25/2022
The criminal defense attorney for former Anaheim Mayor Harry Sidhu claimed Sidhu’s emails and text messages sent while in office about city business on private devices were no longer public because he has resigned and invoked his constitutional right against self-incrimination. Sidhu refusal to disclose the communications could obstruct a probe into a corruption scandal surrounding the sale of Angel Stadium. Public records experts say the refusal flouts California law and could encourage other government officials to use private accounts to conduct official business and avoid public scrutiny.
California – LA Councilwoman Raman Seeks Action on Lobbying Reforms
MSN – City News Service | Published: 10/25/2022
Los Angeles City Councilperson Nithya Raman filed a motion to have her colleagues adopt lobbying reforms presented by the city’s Ethics Commission but placed on the back burner by former council President Nury Martinez. The proposal seeks to make lobbying efforts more transparent and limit financial ties between lobbyists and city officials. The commission sent the council recommended updates to the Municipal Lobbying Ordinance in April, but Martinez never placed the report on the council’s agenda.
Colorado – Colorado Attorney General Phil Weiser Attends Lavish Event in Hawaii Paid for by Corporations He’s Suing
CBS News – Shaun Boyd | Published: 10/19/2022
The Attorney General Alliance, a group made up of 48 state attorneys general, a private club that corporations and lobbyist organizations pay tens of thousands of dollars to belong to. Their membership buys them access to lavish events where they can schmooze the top legal officers for state government, individuals who have sole discretion over whether to sue, settle, or investigate them. The alliance’s 2021 annual conference in Maui was sponsored by companies like Google, Juul, and Pfizer, all of which were being sued by states at the time.
Connecticut – Connecticut Port Authority Employee Fined for Ethics Violation
Yahoo News – Greg Smith (The Day) | Published: 10/24/2022
Connecticut Port Authority employee Andrew Lavigne was fined $750 and suspended for two days without pay for violating state ethics rules when he accepted hockey tickets from a company doing business with the quasi-public agency. The fine is the settlement reached with the Office of State Ethics, which determined Seabury Maritime had violated the state code of ethics for public officials in 2017 and 2019 when it provided gifts, meals, and overnight accommodations to port authority employees and two board members.
Delaware – State Auditor Kathy McGuiness Sentenced for Public Corruption Convictions
Yahoo News – Xerxes Wilson (News Journal) | Published: 10/19/2022
The only statewide-elected official in Delaware history to be accused and convicted of crimes while in office was spared prison time and resigned her office. Auditor Kathy McGuiness was sentenced to a year of probation, 500 hours of community service, and a $10,000 fine for her misdemeanor conflict-of-interest and official misconduct convictions, guilty verdicts that stemmed from hiring her daughter to work in the auditor’s office.
Florida – Florida Commission on Ethics Recommends Doug Underhill Be Removed from Office
Yahoo News – Jim Little (Pensacola News Journal) | Published: 10/21/2022
The Florida Commission on Ethics asked Gov. Ron DeSantis to remove Escambia County Commissioner Doug Underhill from office one month before the end of his term. The commission said Underhill be removed for disclosing a county “shade meeting” transcript before the litigation was officially concluded and be fined the maximum of $10,000. The commission also recommended Underhill be fined $6,250 for each of four additional ethics violations of gift disclosure laws and solicitation donations from a county vendor or lobbyist, bringing the total recommended fine to $35,000.
Florida – Tampa Lawmaker Files Lawsuit Against Campaign Manager, Alleging Sexual Harassment
Yahoo News – Kirby Wilson and Emily Mahoney (Tampa Bay Times) | Published: 10/24/2022
Florida Rep. Jackie Toledo is accusing her campaign manager, a well-known Republican communications strategist, of sexual harassment. Fred Piccolo sent “unwanted, unsolicited, inappropriate, and grossly offensive” text messages to her, according to a lawsuit. Toledo, who made an unsuccessful bid this year for a U.S. House seat, also accuses Piccolo of trying to get fired to earn a $100,000 termination payout. She is seeking at least $30,000 in damages.
Georgia – Abrams’ Campaign Chair Collected Millions in Legal Fees from Voting Rights Organization
Yahoo News – Brittany Gibson (Politico) | Published: 10/24/2022
The voting rights organization founded by Stacey Abrams spent more than $25 million over two years on legal fees, mostly on a single case, with the largest amount going to the self-described boutique law firm of the candidate’s campaign chairperson. Allegra Lawrence-Hardy, Abrams’ close friend who chaired her gubernatorial campaign both in 2018 and her current bid to unseat Georgia Gov. Brian Kemp, is one of two named partners in Lawrence & Bundy. Some questioned both the level of expenditures devoted to a single, largely unsuccessful legal action and that such a large payout went to the firm of Abrams’ friend.
Georgia – Supreme Court Puts Temporary Hold on Graham Grand Jury Election Testimony
MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 10/24/2022
Supreme Court Justice Clarence Thomas put a temporary hold on an order that U.S. Sen. Lindsey Graham appear before a Georgia grand jury investigating possible attempts by former President Trump and his allies to disrupt the state’s 2020 presidential election. A three-judge panel of the U.S. Court of Appeals for the 11th Circuit denied an attempt to block a subpoena from Fulton County District Attorney Fani Willis, in which Graham claimed a sitting senator is shielded from testifying in such investigations.
Georgia – Trump Chief of Staff Meadows Ordered to Testify Before Ga. Grand Jury
MSN – Amy Wang and Tom Hamburger (Washington Post) | Published: 10/26/2022
A judge ruled former Trump White House chief of staff Mark Meadows must testify before a Georgia grand jury investigating Republican efforts to reverse the 2020 presidential election results in the state. Meadows has helped promote Trump’s baseless claims that widespread voter fraud delivered the presidency to Joe Biden. In her petition seeking Meadows’s testimony, Fulton County District Attorney Fani Willis noted Meadows’s participation in a telephone call Trump made on January 2, 2021, to Georgia Secretary of State Brad Raffensperger asking him to “find” 11,780 votes that would enable him to defeat Biden in the state.
Illinois – Federal Oversight of Cook County Assessor’s Hiring to End; Supervision Tied to Decades-Old Shakman Patronage Lawsuit
MSN – A.D. Quig (Chicago Tribune) | Published: 10/25/2022
For years, federal courts have kept watch over the Cook County assessor’s office, making sure workers were not hired for their political connections, and that job descriptions were clear. That oversight will end on November 1. The so-called Shaman oversight is named for Michael Shakman, the man who first sued to end the practice of Democratic patronage, under which city and county jobs were filled by faithful party members, and firings or promotions were based on election-time efforts.
Illinois – Inside AT&T’s Alleged ‘Conspiracy’ to Bribe Powerbrokers at the Illinois Capitol
WBEZ – Jon Seidel (Chicago Sun-Times) and Dan Mihalopoulos | Published: 10/21/2022
For more than a decade, Brian Gray was AT&T’s top executive in Illinois for a critical area – dealing with politicians in a state known for its corruption. As the director of legislative affairs, he oversaw a stable of lobbyists, and in recent years he also headed the company’s PAC in Illinois. AT&T is cooperating authorities and promised to pay a $23 million fine admitting it used illegal means in efforts to win support for favorable legislation. Sources close to the investigation say the three employees referenced in the indictment are Gray and former company lobbyists Robert Barry and Stephen Selcke.
Maine – Ethics Panel Says Candidate, Outside Group Violated Campaign Finance Laws
Yahoo News – Randy Billings (Portland Press Herald) | Published: 10/26/2022
Maine’s ethics commission ruled in separate cases that a state Senate candidate and an out-of-state political group did not properly disclose the funding sources for campaign communications, a violation of the state’s campaign finance law. October 26 marked the first day that independent expenditures from outside groups need to be reported within 24 hours. Previously, such spending needed to be reported within 48 hours.
Massachusetts – Groups Sue to Put Super PAC Question on 2024 State Ballot
MSN – Steve LeBlanc (Associated Press) | Published: 10/24/2022
Groups pushing for a 2024 ballot question aimed at reining in the spending power of super PACs filed two lawsuits in Massachusetts that target a decision by the state attorney general’s office to block the question on the grounds it would infringe on First Amendment rights. The lawsuits argue in favor of the proposed question, which would change state law to limit contributions by individuals to independent expenditure political action committees to $5,000. Currently, super PACs can raise and spend unlimited funds from individuals as long as they do not directly coordinate with a candidate’s campaign.
Michigan – Michigan Jury Finds Three Men Guilty of Aiding Plot to Kidnap Governor
MSN – Tyler Clifford and Brendan O’Brien (Reuters) | Published: 10/26/2022
A jury found three men guilty of aiding a conspiracy to kidnap Michigan Gov. Gretchen Whitmer in 2020, a plot that prosecutors said grew out of hostility over restrictions she imposed during the COVID-19 pandemic. Joseph Morrison, his father-in-law, Pete Musico, and Paul Bellar were convicted of gang membership, firearm violations, and providing material support for terrorism. They could face up to 20 years in prison. State prosecutors argued the men assisted two others who were found guilty in federal court of kidnapping conspiracy. It stands as the most prominent case involving domestic terrorism and militias in years.
Missouri – State Ethics Board Fines Former Candidate for St. Louis County Executive
St. Louis Post-Dispatch – Kurt Erickson | Published: 10/25/2022
A one-time candidate for St. Louis County executive was fined more than $34,000 for campaign finance violations. According to the Missouri Ethics Commission, William Ray Jr. had multiple problems with two campaign accounts, one for him personally and another political committee called Fannie PAC. Among the violations were failures to report more than $11,450 in contributions and more than $9,400 in expenses.
New York – New Ethics Commissioner Attended Assemblyman’s Campaign Fundraiser
Albany Times Union – Chris Bragg | Published: 10/24/2022
Leonard Austin, who is serving as the vice chair of New York’s Commission on Ethics and Lobbying in Government, recently attended a campaign fundraiser for state Assemblyperson Charles Lavine. Austin’s wife donated to Lavine’s reelection bid. Under state law, ethics commission members are prohibited from contributing to any candidate for state-level office, including Assembly members. The law does not address this situation, where an ethics commissioner attends a fundraiser and their spouse makes a donation.
New York – Trump’s Business, Under Threat, Faces a Tough Test in Court
MSN – Ben Protess, William Rashbaum, and Jonah Bromwich (New York Times) | Published: 10/23/2022
The Trump Organization is on trial in Manhattan, where the district attorney’s office accused it of tax fraud and other crimes. Although Donald Trump himself was not indicted, he is synonymous with the company he ran for decades. This case centers on special perks doled out by the Trump Organization, which comprises more than 500 corporate entities. The company’s chief financial officer, Allen Weisselberg, pleaded guilty to conspiring to carry out the scheme and agreed to testify at the trial.
Ohio – 2 Conservatives Accused in Hoax Robocall Scheme Plead Guilty
MSN – Mark Gillispie (Associated Press) | Published: 10/25/2022
Two right-wing operatives pleaded guilty to single felony counts of telecommunications fraud for having placed thousands of false robocalls in Ohio that told people they could be arrested or be forced to receive vaccinations based on information they submitted in votes by mail. Jacob Wohl and Jack Burkman could each receive a year in prison when they are sentenced. The have a history of staging hoaxes and spreading false smears against Democrats and public officials.
Ohio – FirstEnergy Cuts Off Its ‘Dark Money’ Spigot in Ohio, Disclosures Show
Yahoo News – Jake Zuckerman (Cleveland Plain Dealer) | Published: 10/24/2022
Besides some nominal payments, FirstEnergy has cut off its contributions to Ohio-based nonprofit entities that spend outside money to support politicians. But the disclosures show FirstEnergy made about $130,000 in similar “dark money” payments to political firms in 2021 in New Jersey and West Virginia, where it also operates utilities. Since the initial arrests in the House Bill 6 scandal, candidates and party committees in Ohio have returned a combined $390,000 in contributions from the company’s state and federal PACs. Meanwhile, FirstEnergy keeps just one lobbyist on hand in the state compared to the 15 it retained in 2019.
Oregon – Portland City Auditor’s Office Issues Penalty Against Gonzalez’s Campaign
MSN – Michaela Bourgeoise (KOIN) | Published: 10/20/2022
Rene Gonzalez’s campaign for Portland City Council is facing another fine after an investigation into the campaign’s rented office and parking spaces revealed it accepted an unlawful in-kind contribution. The city auditor’s office said it issued a $5,520 civil penalty against the campaign for allegedly accepting six months of parking at a Portland office rented from Schnitzer Property Management.
Tennessee – Election Watchdog Disputes Harwell Claim That Shifting State Funds to Federal Campaign Was Legit
Tennessee Lookout – Sam Stockard | Published: 10/26/2022
Former Tennessee House Speaker Beth Harwell contends the transfer of money from her state PAC to a super PAC that supported her failed congressional bid this summer was legal. But a watchdog group that monitors potential campaign finance violations says Harwell’s actions are “outside the law,” which prohibits state election funds from being used for federal campaigns. Saurav Ghosh, director of federal campaign finance reform for the Campaign Legal Center, said his organization will consider filing a complaint with the FEC against the Harwell campaign.
Texas – Greg Abbott Ran as a Small-Government Conservative. But the Governor’s Office Now Has More Power Than Ever.
Texas Tribune – Marilyn Thompson (ProPublica) and Perla Trevizo | Published: 10/25/2022
Greg Abbott has consolidated power like no Texas governor in recent history, at times circumventing the Republican-controlled state Legislature and overriding local officials. Abbott’s executive measures have solidified his conservative base and dramatically raised his national profile. Lower courts have occasionally ruled against Abbott, but Texas’ all-Republican highest court has sided with the governor, dismissing many of the cases on procedural grounds. Other challenges to Abbott’s use of executive power are still pending. In no case have the governor’s actions been permanently halted.
Texas – Texas Agencies’ Plan to Monitor Harris County Elections Raises Concerns Among Observers
Houston Public Media – Adam Zuvanich | Published: 10/19/2022
The Texas secretary of state’s office, in a letter submitted days before the start of early voting for the 2022 midterm election, informed Harris County it will send a team of inspectors and election security trainers to observe and help administer the November 8 election in the state’s largest metropolitan area. Representatives of state Attorney General Ken Paxton, who is on the ballot, also will be present to “immediately respond to any legal issues” raised by the inspectors, poll watchers, and others.
Washington – Facebook Parent Company Fined $25M for WA Campaign Finance Violations
Seattle Times – David Gutman | Published: 10/26/2022
A judge fined Facebook parent company Meta nearly $25 million for repeatedly and intentionally violating Washington’s campaign finance law. King County Superior Court Judge Douglass North issued the maximum possible fine after finding the company had, between 2019 and 2021, violated a longstanding disclosure law 822 separate times. Each fine carried a penalty of $30,000. It is the largest campaign finance penalty ever issued in the U.S., state Attorney General Bob Ferguson’s office said.
Washington DC – Bowser Fires Official Who Took Job at insurer after Medicaid Procurement
MSN – Julie Zauzmer Weil and Michael Brice-Saddler (Washington Post) | Published: 10/26/2022
A week after the District of Columbia Council awarded multibillion-dollar contracts for insuring Medicaid patients to three companies seeming to end a years-long struggle to right the city’s Medicaid system after court and council fights, Mayor Muriel Bowser called for a new investigation related to the procurement process. Bowser fired the interim director of the Office of Policy and Legislative Affairs after he took a new job with the parent company of one of the insurers awarded the lucrative contract. Bowser referred him to the city’s ethics board and inspector general.
September 23, 2022 •
News You Can Use Digest – September 23, 2022
National/Federal A Landmark Supreme Court Fight Over Social Media Now Looks Likely MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 9/19/2022 Conflicting lower court rulings about removing controversial material from social media platforms point toward a landmark U.S. […]
National/Federal
A Landmark Supreme Court Fight Over Social Media Now Looks Likely
MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 9/19/2022
Conflicting lower court rulings about removing controversial material from social media platforms point toward a landmark U.S. Supreme Court decision on whether the First Amendment protects tech companies’ editorial discretion or forbids its censorship of unpopular views. The stakes are high not just for government and the companies, but because of the increasingly dominant role platforms such as Twitter and Facebook play in American democracy and elections. Social media posts have the potential to amplify disinformation or hateful speech, but removal of controversial viewpoints can stifle public discourse about important political issues.
Appeals Court: Justice Dept. can use Mar-a-Lago documents in criminal probe
MSN – Devlin Barrett (Washington Post) | Published: 9/21/2022
An appeals court sided with the Justice Department in a legal fight over classified documents seized in a court-authorized search of former president Donald Trump’s Mar-a-Lago estate, ruling the FBI may use the documents in its ongoing criminal investigation. The decision by a three-judge panel of the appeals court marks a victory for the Justice Department in its legal battle with Trump over access to the evidence to determine if the former president or his advisers mishandled national security secrets or hid or destroyed government records.
Apple Flexes Muscle as Quiet Power Behind App Group
Yahoo News – Emily Birnbaum (Bloomberg) | Published: 9/19/2022
The APP Association brands itself as the leading voice for thousands of app developers around the world. The majority of its funding comes from Apple, however. The tech giant is not a member of the association, but it plays a dominant behind-the-scenes role shaping the group’s policy positions, according to four former App Association employees. In fact, critics note, the association’s lobbying agenda tracks closely with Apple’s even when it is at odds with app developers, the companies that make the individual games and programs that run on Apple’s iPhone and other devices.
DeSantis Draft Effort Pushes Ahead After Campaign Finance Watchdog Deadlocks
MSN – Zach Montellaro (Politico) | Published: 9/15/2022
An effort to draft Florida Gov. Ron DeSantis into the 2024 presidential race promised to proceed with an unusual attempt to boost his would-be campaign, after the FEC deadlocked on a request for guidance about whether the strategy was legal. Ready for Ron is a federal PAC that wants to build a list of up to 1 million people urging DeSantis to run. But with those names, the group wants to deliver would-be supporters’ email addresses and phone numbers to DeSantis. The FEC has said candidates can rent or buy supporter lists compiled by other groups, but they cannot accept something of such value as a gift without breaking contribution limits.
Fugitive in Massive Navy Bribery Case Caught in Venezuela
Yahoo News – Associated Press | Published: 9/22/2022
Leonard Francis, a Malaysian defense contractor nicknamed “Fat Leonard” who orchestrated one of the largest bribery scandals in U.S. military history, was arrested in Venezuela after fleeing before his sentencing. The arrest came on the eve of his scheduled sentencing in a federal court for a bribery scheme that lasted more than a decade and involved dozens of U.S. Navy officers. The U.S. government faces an uphill challenge returning the fugitive back to American soil.
Gaetz Sought Pardon Related to Justice Department Sex Trafficking Probe
MSN – Jacqueline Alemany and Amy Gardner (Washington Post) | Published: 9/17/2022
U.S. Rep. Matt Gaetz told a former White House aide that he was seeking a preemptive pardon from then-President Trump regarding an investigation in which he is a target, according to testimony given to the House select committee investigating the attack on the Capitol. Asked by investigators if Gaetz’s request for a pardon was in the context of the Justice Department investigation into whether he violated federal sex trafficking laws, Johnny McEntee replied, “I think that was the context, yes,” according to people familiar with the testimony.
Greg Norman Finds Friendly Faces, Harsh Criticism on Capitol Hill Trip
MSN – Rick Maese (Washington Post) | Published: 9/21/2022
As a federal antitrust case winds its way through the court system, LIV Golf chief executive Greg Norman visited Capitol Hill, receiving mixed reviews from lawmakers as he tried to sell them on his breakaway tour that has upended the golf word. While some lawmakers seemed receptive to Norman, others questioned LIV Golf’s Saudi financing and said Congress should not spend time intervening in a business dispute between LIV Golf and the PGA Tour. LIV Golf and seven of its golfers have sued the PGA Tour, saying it violated antitrust laws, allegations the Justice Department is also reportedly probing.
House Passes Bill to Prevent Efforts to Subvert Presidential Election Results
MSN – Amy Wang (Washington Post) | Published: 9/21/2022
The House passed an electoral reform bill that seeks to prevent presidents from trying to overturn election results through Congress, the first vote on such an effort since the January 6, 2021, attack on the Capitol by a pro-Trump mob seeking to stop the certification of Joe Biden’s electoral win. The Presidential Election Reform Act would clearly reaffirm the vice president has no role in validating a presidential election beyond acting as a figurehead who oversees the counting process, barring that person from changing the results.
Jan. 6 Committee Reaches Deal with Ginni Thomas for an Interview
MSN – Jacqueline Alemany and Azi Paybarah (Washington Post) | Published: 9/21/2022
The House select committee investigating the Capitol insurrection reached an agreement with Virginia Thomas, the wife of Supreme Court Justice Clarence Thomas, to be interviewed by the panel in coming weeks. Virginia Thomas, a longtime conservative activist, pushed lawmakers and top Republican officials to overturn Joe Biden’s victory in the 2020 presidential election, citing baseless claims of widespread voter fraud.
Old Money: How retirees are funding and fueling political candidates unlike ever before
Yahoo News – Madison Hall (Business Insider) | Published: 9/20/2022
Retirees are becoming one of the most powerful financial forces in politics as they spend their savings to fuel federal-level campaigns. By the 2020 election cycle, retirees accounted for more than 20 percent of contributions, amounting to more than $378 million. Retirees’ expanded influence coincides with the rapid increase in politicians fundraising by email and text message – and targeting older Americans with never-ending solicitations. Older Americans, many of whom are retired, tend to be more engaged politically and represent a larger share of each party’s base, said Sheila Krumholz, executive director at OpenSecrets.
Senate Republicans Block Bill to Require Disclosure of ‘Dark Money’ Donors
MSN – Amy Wang (Washington Post) | Published: 9/22/2022
Senate Republicans blocked legislation that would have required super PACs and other groups to disclose donors who give $10,000 or more during an election cycle, a blow to Democrats’ efforts to reform campaign finance laws. Spending in election cycles by corporations and the ultrawealthy through so-called dark money groups has skyrocketed since the 2010 Supreme Court decision Citizens United v. FEC, which allowed incorporated entities and labor unions to spend unlimited amounts of money to promote or attack candidates.
The ‘Cost’ of Voting in America: A look at where it’s easiest and hardest
Seattle Times – Nick Corasaniti and Allison McCann (New York Times) | Published: 9/21/2022
A new study ranks all 50 states based on the overall investment a resident must make, in time and resources, to vote. The 2022 edition of the Cost of Voting Index, a nonpartisan academic study that seeks to cut through the politics of voting access, focused on 10 categories related to voting, including registration, inconvenience, early voting, polling hours, and absentee voting. The study’s emphasis on early-voting options meant states like Washington and Oregon, where voting is conducted entirely by mail, ended up at the top of the rankings.
TikTok to Ban Campaign Fundraising, Require Verification for Political Accounts
MSN – Gina Martinez (CBS News) | Published: 9/21/2022
TikTok announced it is banning campaign fundraising on its platform. It also announced new policies for political accounts, including “mandatory verification.” The ban will include videos asking for donations, and videos from political parties directing people to a contribution page on their website. Verification will ensure that anyone watching content belonging to a government, politician, or political party account will know that the account is “genuine” and the source is “authentic.”
Trump Adviser’s Trial May Shed Light on Foreign Influence Campaigns
MSN – Rebecca Davis O’Brien (New York Times) | Published: 9/19/2022
The trial of Thomas Barrack, an informal adviser to former President Trump accused of acting as an unregistered agent of the United Arab Emirates, could shed light on how foreign governments jockeyed for access to the Trump administration, efforts that may have created lucrative opportunities for businesspeople close to the White House. Prosecutors have accused Barrack of using his sway with Trump to advance the interests of the Emiratis and of serving as a secret back channel for communications without disclosing his efforts to the attorney general, as the government contends that he should have.
From the States and Municipalities
Arizona – 14 AZ Lawmakers Took 9-Day Europe Trip Sponsored in Part by Lobbyists and More Are Coming
MSN – Ray Stern (Arizona Republic) | Published: 9/18/2022
Fourteen Arizona lawmakers took a free trip to Germany recently, where they met government and business officials. Lobbyist firms and taxpayers funded the lawmakers’ expenses as part of a state House international relations program. The trip may have had trade benefits, but lawmakers should still take care to avoid the perception they are receiving gifts that could influence their policy making, said John Pelissero of the Markula Center for Applied Ethics. The number of lawmakers and that they could take their spouses seemed excessive to Pelissero, who called the trip a “junket.”
California – Former USC Dean Admits to Arranging Bribery Payment for Mark Ridley-Thomas
Yahoo News – Michael Finnegan and Matt Hamilton (Los Angeles Times) | Published: 9/15/2022
A former University of Southern California dean agreed to plead guilty to bribery, admitting she arranged an illicit $100,000 payment for Mark Ridley-Thomas when he was on the Los Angeles County Board of Supervisors in return for a university contract with the county. Marilyn Flynn’s admission of guilt strikes a major blow to Ridley-Thomas, now a Los Angeles city council member who has been suspended while he defends against federal charges of bribery, fraud, and conspiracy. Flynn’s plea also reduces the likelihood that evidence related to U.S. Rep. Karen Bass, the front-runner in the race for Los Angeles mayor, would get a public airing at trial.
California – Gov. Gavin Newsom Strips Fresno County Supervisors’ Power to Draw Election Lines
Sacramento Bee – Juan Esparza Loera | Published: 9/19/2022
Gov. Gavin Newsom signed legislation to give redistricting duties in Fresno County to a 14-member commission. Assemblyperson Joaquín Arámbula said it was the only way to ensure the Latino community gets a fair chance at political representation after the next census. Arámbula and community organizations said county supervisors cannot be trusted to draw fair and equitable districts because supervisorial districts have changed little despite a spike in Latino population.
California – Legal Pot Spawned a Wave of Corruption, Threats and Secret Financial Deals for Politicians
MSN – Adam Elmahrek, Robert Lopez, and Ruben Vives (Los Angeles Times) | Published: 9/15/2022
California’s decision to legalize recreational cannabis ushered in a multibillion-dollar commercial market that officials in many small, struggling communities hoped would bring new jobs and an infusion of tax revenue. But the advent of commercial marijuana unleashed a wave of corruption that has rocked local governments across the state and left them with few effective tools to combat the problem. The industry has donated campaign money to local government officials as cannabis became a powerful special interest. Lobbyists and others say bribery and shakedowns have become so commonplace in licensing that it feels like a normal part of doing business.
California – Santa Clara Mayor Asks Newsom to Give Campaign Donor a Break
San Jose Spotlight – Joseph Geha | Published: 9/21/2022
Santa Clara Mayor Lisa Gillmor lobbied California Gov. Gavin Newsom to help a major real estate firm save money on the largest mixed-use development planned in the state, months before the developer made a six-figure donation to her campaign. Gillmor advocated that Related Companies should not be required to pay prevailing wages to workers. Related formed a local PAC to support Gillmor as she runs for reelection and funded it with $100,000. Executives from the company also donated to Gillmor’s mayoral election campaign in 2018, two years after the project was approved by the city council.
California – Trial of Corruption Case Against California Sheriff to Begin
Yahoo News – Associated Press | Published: 9/21/2022
A longtime San Francisco Bay Area sheriff is on trial on public corruption allegations involving her office’s granting of concealed-carry weapons permits and costly jail mismanagement. The unusual case against Santa Clara County Sheriff Laurie Smith is a civil process to seek removal of an elected official but is similar to a criminal case. The trial follows an investigation into allegations that Smith’s office traded concealed weapons permits for donations to her reelection campaign and mismanaged the jails, where mentally ill inmates died or were injured.
Florida – Jury Awards $3 Million to Garbage Contractor in Opa-locka Corruption Lawsuit
MSN – Tess Riski (Miami Herald) | Published: 9/20/2022
A jury awarded a $3 million judgment to a garbage contractor that sued Opa-locka in 2017 alleging corruption and extortion in a city that has for years been plagued with financial and political turmoil. Jurors found the city failed to act in good faith with Universal Waste Services of Florida (UWS). Representatives of UWS made accusations of extortion against former city Commissioner Terence Pinder, who died in an apparent suicide in 2016, two days before he was scheduled to turn himself in on state bribery charges.
Florida – Migrants Flown to Martha’s Vineyard File Class-Action Lawsuit Against DeSantis
MSN – Amy Wang (Washington Post) | Published: 9/20/2022
A group of Venezuelan migrants who were flown from Texas to Martha’s Vineyard – allegedly after being falsely promised work and other services – filed a class-action lawsuit against Florida Gov. Ron DeSantis and other officials who arranged the flights, saying the officials used fraud and misrepresentation to persuade them to travel across state lines. The migrants are seeking unspecified damages, as well as the cost of their legal fees, for emotional and economic harm.
Georgia – Georgia 2020 Election Inquiry May Lead to Prison Sentences, Prosecutor Says
MSN – Matthew Brown and Tom Hamburger (Washington Post) | Published: 9/15/2022
Fulton County District Attorney Fani Willis, the prosecutor investigating efforts by Donald Trump and his allies to challenge the 2020 election results in Georgia, said her team has heard credible allegations that serious crimes have been committed and she believes some individuals may see jail time. At least 17 people have been notified they are targets of the criminal investigation, meaning they could eventually face charges. More targets will be added to the list soon, Willis said.
Georgia – Video Shows Trump Allies Handling Georgia Voting Equipment
Yahoo News – Danny Hakim, Richard Fausset, and Nick Corasaniti (New York Times) | Published: 9/20/2022
Newly released videos show allies of former President Trump and contractors who were working on his behalf handling sensitive voting equipment in a rural Georgia county weeks after the 2020 election. The footage, which was made public as part of litigation over Georgia’s voting system, raises new questions about efforts by Trump affiliates in a number of swing states to gain access to and copy sensitive election software, with the help of friendly local election administrators.
Illinois – State Sen. Emil Jones III Took Bribes from Red-Light Camera Company, Lied to Feds: Charges
WTTW – Heather Cherone | Published: 9/20/2022
Federal prosecutors charged Illinois Sen. Emil Jones III with three felonies, alleging he took a bribe from a firm that installed red-light cameras throughout the state and lied to Federal Bureau of Investigation agents. After being approached by a former executive for Safe Speed, the red-light company, who was cooperating with law enforcement, Jones agreed to limit the scope of his bill to study red-light cameras only in Chicago, where the firm did not operate, prosecutors say. In return, the executive agreed to pay Jones $5,000 and to provide a job to an unidentified associate of Jones.
Maryland – Opinion Says Nash’s Lobbying Violated City Ethics Ordinance
Yahoo News – Ryan Marshall (Frederick News-Post) | Published: 9/16/2022
Frederick Alderwoman Katie Nash violated the city’s ethics rules by lobbying on behalf of a firefighter union’s concerns about county emergency services coverage in the city, an Ethics Commission ruled. Nash, a lobbyist registered with the state, improperly emailed people, including coordinators for various Neighborhood Advisory Councils, encouraging them to raise concerns with the county about plans to shift coverage of paramedic services in parts of the city, according to the opinion. Nash was a paid lobbyist for the International Association of Firefighters Local 3666 when she sent out emails and press releases.
Michigan – Former Macomb Public Works Boss Marrocco Pleads Guilty in Corruption Probe
Yahoo News – Christina Hall (Detroit Free Press) | Published: 9/20/2022
Former Macomb County Public Works Commissioner Anthony Marrocco pleaded guilty to attempted extortion in federal court in a yearslong corruption probe that netted more than 20 other people. Prosecutors alleged he used an aide and others to shake down builders and contractors for donations to his fundraisers. If they did not contribute, the indictment said, Marrocco retaliated by holding up building permits, denying payment to vendors, and refusing to award contracts to firms. The charge to which he pleaded guilty carries up to 20 years in prison and a fine up to $250,000.
Michigan – Here’s the Punishment for Warren Councilman Who Handcuffed Woman over BLM Stickers
Yahoo News – Christina Hall (Detroit Free Press) | Published: 9/19/2022
Warren City Councilperson Edward Kabacinski pleaded no contest to disturbing the peace and was sentenced to one-year probation for his actions toward a woman at a rally for then-President Trump. Kabacinski was charged in October 2020 with assault and battery and impersonating a police officer when he chased a woman and handcuffed her after she put a Black Lives Matter sticker on a Trump sign during a protest. Kabacinski claimed he is a former military police officer and federal law allows him to detain those who breach the peace or break the law. The woman was not facing criminal charges.
New Hampshire – New Hampshire GOP Senate Nominee Abruptly Backs Off False 2020 Election Claims
MSN – Gregory Krieg and Dan Merica (CNN) | Published: 9/15/2022
U.S. Senate candidate Don Bolduc won the Republican nomination in New Hampshire after months campaigning on false claims the 2020 election was stolen from former President Trump. A little more than a day after the primary, he attempted an about-face. “I’ve come to the conclusion, and I want to be definitive on this: the election was not stolen,” Bolduc said. He is not the only GOP candidate who has tried to temper, or erase, hardline positions as the general-election environment starts to look less favorable for the party.
New Jersey – When George Gilmore’s Public Work Dried Up, an Ally Gave His Wife a Job with Engineering Firm
Yahoo News – Matt Friedman (Politico) | Published: 9/19/2022
When Ocean County Republican Party Chairperson George Gilmore was convicted on three federal tax charges in 2019, it did not just cost him his political leadership post. His work with public entities also dried up. Gilmore’s now-defunct law firm, Gilmore & Monahan, had made between $2 million and $3 million in public contracts annually between 2012 and 2018. He resigned from another job at the lobbying firm 1868 Public Affairs. But after Gilmore’s conviction, a political ally founded Morgan Municipal Services, a new division to expand the firm’s work in the public sector. It counted Gilmore’s wife as one of its three founding partners.
New Mexico – NM Senator Defends His Reputation While Policy Silences the People Accusing Him of Misconduct
Source NM – Shaun Griswold | Published: 9/19/2022
New Mexico Sen. Daniel Ivey-Soto said the sexual harassment complaint filed against him is closed. But outrage continues to grow, as everyone involved calls for reform of statehouse procedures shrouded in secrecy. The lobbyist who came forward with the initial complaint says her First Amendment rights have been violated because of the confidentiality rules about who is allowed to speak about the matter publicly. After the findings in the misconduct investigation were leaked, Ivey-Soto contacted the FBI about what he says is extortion.
New York – Donald Trump, 3 of His Children Accused of Business Fraud by New York AG
MSN – Shayna Jacobs and Jonathan O’Connell (Washington Post) | Published: 9/21/2022
New York Attorney General Letitia James filed a lawsuit accusing Donald Trump, three of his grown children, and executives at his company of manipulating asset valuations to deceive lenders, insurance brokers, and tax authorities into giving them better loan and insurance policy rates and reduce their tax liability. The complaint asks the state Supreme Court to bar the former president, Ivanka Trump, Donald Trump Jr., and Eric Trump from serving as executives at any company in New York, and to bar the Trump Organization from acquiring commercial real estate or receiving loans from a New York-registered financial institution for five years.
New York – Executive Threw Hochul Fundraiser Weeks Before Landing $637M Deal
Albany Times Union – Chris Bragg | Published: 9/20/2022
New York Gov. Kathy Hochul maintains that when her administration paid a vendor $637 million last winter for COVID-19 tests, she was unaware the recipient was a campaign donor. Yet a month before the administration struck the deals, the company’s founder threw an in-person campaign fundraiser for Hochul. The deal was enabled by the governor’s revived suspension of competitive bidding rules for the administration’s purchase of COVID-19 supplies. Through an emergency executive order, Hochul suspended those rules four days after the fundraiser.
Oregon – Oregon’s Nonaffiliated Candidates Face Long Odds Making It onto the Ballot
Oregon Capital Chronicle – Julia Shumway | Published: 9/20/2022
Democratic and Republican candidates in Oregon pay a fee ranging from $25 to $150 and fill out a two-page form to compete in a primary. Minor party candidates are nominated separately by their parties, through conventions or party-run primaries. But non-affiliated candidates must collect petition signatures from hundreds or thousands of voters, depending on the office. Efforts to change Oregon’s election system are again afoot, with a coalition launching its petition drive for a constitutional amendment to open primaries. Nearly 41 percent of Oregon voters are ineligible to vote in primaries because they are nonaffiliated or registered with a minor party.
Oregon – Portland Elections Program Hits Council Candidate Rene Gonzalez with $77,000 Fine for Discounted Office Space
OPB – Rebecca Ellis | Published: 9/21/2022
Portland City Council hopeful Rene Gonzalez was fined for accepting and failing to report a steep discount on rent on his campaign office. The $77,000 fine, the biggest ever issued by the city’s Small Donor Elections program, stems from an unreported in-kind contribution Gonzalez is accused of accepting from the company, which is owned by Jordan Schnitzer, who personally gave $250 to Gonzalez in May. Program Director Susan Mottet said a normal tenant would have been asked to pay $6,900 per month for the over 3,000 square feet of space. Since May, Gonzalez’s campaign only had to pay $250 per month.
Pennsylvania – Philly’s Board of Ethics Voted to Close a Loophole that Super PACs Use to Get Instructions from Campaigns
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 9/21/2022
The Philadelphia Board of Ethics voted to ban the strategy known as “redboxing,” in which candidates send indirect signals to independent expenditure campaigns like super PACs that can raise unlimited amounts of money but are not allowed to coordinate with campaigns. Candidates do that by publicly stating the strategic needs of their campaigns, and some in recent federal elections have put those instructions in red boxes on their campaign websites to guide super PACs buying advertisements on their behalf. The statements use lightly coded language to inform the PACs on what the campaign wants.
Pennsylvania – Skill Games Company Woos Pa. Lawmakers with Trips to Wild Wyoming Rodeo
Spotlight PA – Angela Couloumbis | Published: 9/19/2022
This past summer, a select group of Pennsylvania legislators, including House Majority Leader Kerry Benninghoff, got to experience the Cheyenne Frontier Days, the premier summer festival in Wyoming that bills itself as the world’s largest outdoor rodeo and Western celebration, courtesy of Pace-O-Matic. The company makes skill games that currently generate millions of dollars in revenue and, in Pennsylvania, operate in a legal and regulatory gray area, one the Legislature will play a key role in defining. For some of the lawmakers, it was an all-expenses-paid experience.
South Dakota – Ethics Board Keeps ‘Action’ Secret on Complaint Against Noem
MSN – Stephen Groves (Associated Press) | Published: 9/20/2022
The Government Accountability Board will not publicly disclose the “appropriate action” it took after finding evidence South Dakota Gov. Kristi Noem intervened with a state agency to influence her daughter’s application for a real estate appraiser license. The board found there was evidence Noem engaged in a conflict-of-interest and malfeasance. A lawyer hired by the board, Mark Haigh, responded to an open records request by saying the board’s response would remain “confidential.” The board has never handled such a high-profile case since its inception in 2017.
Virginia – Virginia Rule on Legislators Leaving Districts Could Add More Intrigue to 2023 Elections
Virginia Mercury – Graham Moomaw | Published: 9/22/2022
After past redistricting cycles, the number of Virginia General Assembly members having to switch districts was kept to a minimum because legislators were allowed to draw careful lines around each other’s homes to avoid doing damage to incumbents. That was not the case last year, when experts appointed by the Virginia Supreme Court effectively reset the state’s legislative maps with little regard for keeping incumbents comfortably installed in conflict-free seats. That means an unusually high number of legislators are facing the prospect of moving to position themselves for the next election cycle.
Virginia – Youngkin’s Restriction on Trans Students’ Rights Is Probably Illegal, Experts Say
MSN – Rachel Weiner (Washington Post) | Published: 9/21/2022
A directive from Virginia Gov. Glenn Youngkin for public schools to restrict the rights of transgender students is either unenforceable or will be struck down in court because it appears to violate both state and federal law, experts and advocates said. The model policies require schools to categorize transgender children by their “biological sex” when it comes to using the bathroom, locker room, and other facilities and participating in activities. They also bar students from adopting a new name or pronouns without parental permission.
September 22, 2022 •
Thursday’s LobbyComply News Roundup
Campaign Finance National: “TikTok to Ban Campaign Fundraising, Require Verification for Political Accounts” by Gina Martinez (CBS News) for MSN Elections Oregon: “Oregon’s Nonaffiliated Candidates Face Long Odds Making It onto the Ballot” by Julia Shumway for Oregon Capital Chronicle […]
Campaign Finance
National: “TikTok to Ban Campaign Fundraising, Require Verification for Political Accounts” by Gina Martinez (CBS News) for MSN
Elections
Oregon: “Oregon’s Nonaffiliated Candidates Face Long Odds Making It onto the Ballot” by Julia Shumway for Oregon Capital Chronicle
Ethics
National: “Appeals Court: Justice Dept. can use Mar-a-Lago documents in criminal probe” by Devlin Barrett (Washington Post) for MSN
California: “Trial of Corruption Case Against California Sheriff to Begin” by Associated Press for Yahoo News
Florida: “Migrants Flown to Martha’s Vineyard File Class-Action Lawsuit Against DeSantis” by Amy Wang (Washington Post) for MSN
Michigan: “Former Macomb Public Works Boss Marrocco Pleads Guilty in Corruption Probe” by Christina Hall (Detroit Free Press) for Yahoo News
New York: “Trump, Company and Family Members Sued by New York AG Over Alleged Fraud Scheme” by Josh Gerstein, Erin Durkin, and Kyle Cheney (Politico) for Yahoo News
Virginia: “Youngkin’s Restriction on Trans Students’ Rights Is Probably Illegal, Experts Say” by Rachel Weiner (Washington Post) for MSN
Procurement
Florida: “Jury Awards $3 Million to Garbage Contractor in Opa-locka Corruption Lawsuit” by Tess Riski (Miami Herald) for MSN
September 12, 2022 •
Missouri Office of Administration Restricts Access to Procurement Records
The Missouri Office of Administration announced restrictions on public access to bid documents in order to comply with the Personal Privacy Protection Act, established by the passage of Senate Substitute for House Bill 2400. The act prohibits public agencies from […]
The Missouri Office of Administration announced restrictions on public access to bid documents in order to comply with the Personal Privacy Protection Act, established by the passage of Senate Substitute for House Bill 2400.
The act prohibits public agencies from requiring any 501(c) entity to share the identities of donors, volunteers, or supporters and closes any public agency record or list containing the identity of supporters.
The Office of Administration removed all bid and contract records from MissouriBUYS and the document portal.
New contract awards will be reviewed and redacted to ensure compliance before posting. Older records will be reviewed and redacted before being reposted.
September 9, 2022 •
News You Can Use Digest – September 9, 2022
National/Federal ‘Fat Leonard’ Goes on the Lam Weeks Before Sentencing in Navy Bribery Scandal Portland Press Herald – María Luisa Paúl (Washington Post) | Published: 9/6/2022 The Malaysian defense contractor who pleaded guilty to bribing Navy officials with sex parties, fancy […]
National/Federal
‘Fat Leonard’ Goes on the Lam Weeks Before Sentencing in Navy Bribery Scandal
Portland Press Herald – María Luisa Paúl (Washington Post) | Published: 9/6/2022
The Malaysian defense contractor who pleaded guilty to bribing Navy officials with sex parties, fancy dinners, and alcohol in a corruption scandal has escaped just weeks before his sentencing date. Leonard Francis, also known as “Fat Leonard,” fled while under house arrest in San Diego. A search by the San Diego Regional Fugitive Task Force and Naval Criminal Investigative Service is underway, officials said. “He cut off his GPS monitoring bracelet on Sunday morning,” the U.S. Marshals Service announced. “Task Force Officers went to his residence and upon arrival noticed the house was now vacant.”
FEC Approves Rule to Remove Candidate Loan Repayment Restrictions
OpenSecrets – Taylor Giorno | Published: 9/1/2022
The FEC approved an interim final rule that removes regulations that previously restricted the repayment of personal loans candidates made to their campaigns. In May, the Supreme Court ruled that existing candidate loan repayment restrictions were unconstitutional. Under the old rules, campaigns could raise money after election day to repay candidate loans up to $250,000 up to 20 days after the election.
From Border Town to ‘Border Town,’ Bused Migrants Seek New Lives in D.C. Area
MSN – Antonio Olivo (Washington Post) | Published: 9/7/2022
More than 230 buses carrying nearly 9,400 migrants, including young children, have arrived in the District of Columbia since Texas Gov. Greg Abbott began offering free passage to the city with Arizona Gov. Doug Ducey following suit. Buses from Texas have also started heading to New York and Chicago. The governors are using the busloads of migrants as a political statement about what they have called lax border policies. But for many of those who have accepted the rides, any political gamesmanship has been irrelevant. The buses have turned into a welcomed opportunity for migrants to get to their preferred destinations.
House Committee Reaches Deal to get Trump Financial Records
Yahoo News – Kevin Freking (Associated Press) | Published: 9/1/2022
A U.S. House committee seeking financial records from former President Trump reached an agreement that ends litigation on the matter and requires an accounting firm to turn over some of the material. The case began in April 2019, when the House Committee on Oversight and Reform first subpoenaed records from Trump’s then-accounting firm, Mazars USA. The committee cited testimony from Trump’s former attorney, Michael Cohen, that it said raised questions about the president’s representation of his financial affairs when it came to seeking loans and paying taxes.
In Voter Fraud, Penalties Often Depend on Who’s Voting
Yahoo News – Michael Wines (New York Times) | Published: 9/6/2022
A review by The New York Times of some 400 voting fraud charges filed nationwide since 2017 underscores what critics of fraud crackdowns have long said: actual prosecutions are rare events and often netted people who did not realize they were breaking the law. Punishment can be wildly inconsistent. Most violations draw wrist slaps, while a few high-profile prosecutions produce draconian sentences. Penalties often fall heaviest on those least able to mount a defense. Those who are poor and Black are more likely to be sent to jail.
In Washington, Agricultural Policymakers Circulate Among Farm Bureau, USDA and Industry
Investigate Midwest – Madison McVan | Published: 8/24/2022
Reporting and more than 100 pages of emails obtained by Investigate Midwest shed light on the movement of agriculture policy leaders between government, industry, and the American Farm Bureau Federation (AFBF). Terri Moore, vice president of communications for AFBF, said Dale Moore, executive vice president of the group, and Sam Kieffer, the organization’s top lobbyist, likely had communication with Joby Young during his time at as chief of staff for the secretary of the U.S. Department of Agriculture. Young took over as AFBF executive vice president following a stint at a consulting firm.
Jan. 6 Committee Asks Former Speaker Newt Gingrich to Sit for Interview
MSN – Jacqueline Alemany and Josh Dawsey (Washington Post) | Published: 9/1/2022
The House select committee investigating the insurrection at the U.S. Capitol issued a request to interview former House Speaker Newt Gingrich. The request cited evidence showing Gingrich was in communication with senior advisers to ex-President Trump, including Jared Kushner and Jason Miller, regarding television advertisements that amplified false claims about fraud in the 2020 election. The panel also said it obtained evidence suggesting Gingrich was involved in the fake elector plot designed to encourage Vice President Mike Pence and members of Congress to affect the outcome of the joint session of Congress on January 6, 2021.
Judge’s Special-Master Order a Test of Trump’s Post-White House Powers
MSN – Ann Marimow and Devlin Barrett (Washington Post) | Published: 9/6/2022
Justice Department lawyers are weighing whether to challenge a federal judge’s uncommon order to appoint an independent reviewer, called a special master, to assess more than 11,000 documents seized by the FBI from Donald Trump’s Florida residence. At issue are untested legal questions about the extent to which assertions of executive privilege can be applied to a former president. Legal experts called U.S. District Court Judge Aileen Cannon’s decision problematic because it upends the usual course of a criminal investigation and suggests there are different rules for a former president.
Material on Foreign Nation’s Nuclear Capabilities Seized at Trump’s Mar-a-Lago
MSN – Devlin Barrett and Carol Leonnig (Washington Post) | Published: 9/6/2022
A document describing a foreign government’s military defenses, including its nuclear capabilities, was found by FBI agents who searched former President Trump’s Mar-a-Lago residence and private club, according to people familiar with the matter, underscoring concerns among U.S. intelligence officials about classified material stashed at the Florida property. Some of the seized documents detail top-secret U.S. operations so closely guarded that many senior national security officials are kept in the dark about them.
Tory Peer Broke Lobbying Rules, Whitehall Watchdog Finds
The Guardian – Henry Dyer | Published: 9/6/2022
A Conservative hereditary peer breached lobbying rules in the United Kingdom by failing to register as a consultant lobbyist before contacting ministers on behalf of his client. The Office of the Registrar of Consultant Lobbyists announced the outcome of its investigation into the Earl of Shrewsbury, whose full name is Charles Henry John Benedict Crofton Chetwynd Chetwind-Talbot, and his company Talbot Consulting. The earl remains under investigation by the House of Lords for allegedly misusing his parliamentary position to lobby for SpectrumX.
From the States and Municipalities
Arkansas – Ex-Deputy Chief of Staff for Hutchinson Asks to Rescind Registration as a Lobbyist
Arkansas Democrat-Gazette – Michael Wickline | Published: 9/7/2022
Bill Gossage, the former deputy chief of staff for external operations for Arkansas Gov. Asa Hutchinson, said he asked the secretary of state’s office to rescind his August registration as a registered lobbyist. Gossage is vice president of governmental affairs for the Electric Cooperatives of Arkansas. State law bars an individual employed in the office of the governor, lieutenant governor, secretary of state, attorney general, treasurer, auditor, or commissioner of state lands from being eligible to be registered as a lobbyist until one year after the expiration of the individual’s employment in that office.
Florida – Jury Finds Seminole GOP Chair Guilty in ‘Ghost’ Candidate Case
Yahoo News – Annie Martin (Orlando Sentinel) | Published: 9/1/2022
Seminole County Republican Party Chairperson Ben Paris was found guilty of a scheme to siphon votes from a Democrat in a Florida Senate race. Prosecutors say Jestine Iannotti ran as an independent candidate but did not campaign and had no previous political experience. Iannotti illegally accepted a $1,200 cash donation from political consultant James Foglesong. Iannoitti and Foglesong falsely used the names of others as contributors in campaign finance reports to skirt Florida laws on donations.
Georgia – Election Deniers Repeatedly Visited Ga. County Office at Center of Criminal Probe, Video Shows
Portland Press Herald – Emma Brown and Jon Swaine (Washington Post) | Published: 9/6/2022
Technology consultants who sought evidence that Donald Trump’s 2020 defeat was fraudulent made multiple visits to a county elections office in rural Georgia in the weeks after an alleged post-election breach of voting equipment that is the subject of a criminal investigation. Surveillance video shows the consultants, Doug Logan and Jeffrey Lenberg, made two visits in January 2021 to the elections office in Coffee County. Lenberg made an additional five visits on his own. The two men are under investigation for separate alleged breaches of voting machines in Michigan.
Georgia – Judge Again Rejects Graham Bid to Throw Out Subpoena in Atlanta-Area Trump Probe
MSN – Kyle Cheney (Politico) | Published: 9/1/2022
A federal judge for the second time rejected U.S. Sen. Lindsey Graham’s effort to block a grand jury subpoena issued by the Atlanta-area district attorney investigating former President Trump and his allies’ effort to overturn the 2020 election in Georgia. District Court Judge Leigh Martin May ruled Graham’s claim to be immune from such questioning, thanks to the protections of the so-called speech or debate clause of the Constitution is not as sweeping as he claimed it to be. The ruling sends the matter back to the 11th Circuit Court of Appeals.
Illinois – Political Operative Tied to Ald. Daniel Solis Probe Pleads Guilty to Fraud
MSN – Jason Meisner (Chicago Tribune) | Published: 9/2/2022
Roberto Caldero, a political operative at the center of the investigation into former Ald. Daniel Solis, pleaded guilty to variety of fraud schemes, including an attempt to influence a massive Chicago Public Schools janitorial contact, and using the alderman’s clout to solicit campaign cash and get a park and street renamed for a donor’s relatives. There was new mention in the plea agreement of an elected official, identified only as Public Official A, whom Caldero enlisted to pressure then-Mayor Rahm Emanuel to support the awarding of the janitorial contract to a company Caldero represented.
Indiana – Contractor Avoids Prison, Ordered to Pay Sanitary District $104K
Yahoo News – Douglas Walker (Muncie Star Press) | Published: 9/6/2022
A contractor avoided a prison sentence after pleading guilty to a fraud-related count stemming from a federal investigation of corruption in Muncie city government. But Rodney Barber was ordered to pay $104,750 in restitution to the Muncie Sanitary District (MSD). He admitted paying Phil Nichols, a former Democratic Party chairperson, $5,500 in cash in exchange for winning a contract to do work for the district. Barber also acknowledged giving MSD official Tracy Barton $5,000 in cash to “illegally contribute” to then-Mayor Dennis Tyler’s re-election campaign.
Louisiana – New Orleans’ ‘Night Mayor’ Fails to Respond to State Ethics [Board] After Trying to Rule on Conflict
LocalToday – Ben Myers (New Orleans Times-Picayune) | Published: 9/6/2022
New Orleans Mayor LaToya Cantrell named Howlin’ Wolf nightclub owner Howard Kaplan as the first director of the city’s new Office of Nighttime Economy. When Cantrell was asked about potential ethical issues in hiring a nightclub owner to manage the city’s nighttime economy, she cited a pending opinion from the Louisiana Board of Ethics to argue “there is no conflict-of-interest here.” But an ethics board attorney, Mallory Guillot, now says Kaplan has not responded to “numerous” attempts to contact him with additional questions about his dual role as city official and business owner.
Massachusetts – Maura Healey to Face Trump-Backed Republican in Deep-Blue Massachusetts
MSN – Annie Linskey and David Weigel (Washington Post) | Published: 9/6/2022
Maura Healey, who made history as the country’s first openly gay state attorney general, will face former state legislator Geoff Diehl, who was endorsed by Donald Trump, in the Massachusetts governor’s race this November, a contest seen by analysts as one of the best chances for Democrats to flip control of a Republican-held seat. If she prevails in the fall, Healey would be the first woman elected governor of Massachusetts. Democratic primary voters in also picked a nominee for attorney general in a race that divided the two U.S. senators and other party leaders in the state.
Michigan – Michigan Sheriff Sought to Seize Multiple Voting Machines, Records Show
Reuters – Peter Eisler and Nathan Layne | Published: 8/30/2022
A sheriff in Barry County, Michigan, already under state investigation for alleged involvement in an illegal breach of a vote-counting machine, sought warrants in July to seize other machines to prove former President Trump’s claims of voter fraud in the 2020 election, documents showed. A member of the so-called constitutional sheriffs movement, which holds sheriffs have supreme law enforcement authority within their counties, exceeding that of state and federal agencies, Leaf has appeared at events around the country organized by proponents of Trump’s rigged election claims.
Nevada – Police Arrest County Official in Reporter’s Stabbing Death
Las Vegas Review-Journal – David Ferrara, Briana Erickson, and Glenn Puit | Published: 9/7/2022
A Las Vegas-area elected official was arrested as the suspect in the fatal stabbing of a veteran newspaper reporter who had written articles exposing complaints of wrongdoing at his office. Clark County Public Administrator Robert Telles was taken into custody hours after investigators served a search warrant in the criminal probe of the killing of Las Vegas Review-Journal reporter Jeff German. Soon after German’s investigation was published, Telles failed in his re-election bid, losing the Democratic primary in June.
New Mexico – New Mexico Bars Commissioner from Office for Insurrection
MSN – Morgan Lee (Associated Press) | Published: 9/6/2022
A New Mexico judge ordered convicted Capitol rioter Couy Griffin to be removed from his county commissioner seat, ruling the Cowboys for Trump founder’s involvement in the January 6, 2021, insurrection disqualified him from holding public office. Judge Francis Matthew formally labeled the Capitol attack as an insurrection and found Griffin’s involvement fell under the so-called Disqualification Clause of the 14th Amendment, which bars anyone from holding office if they took an oath to uphold the Constitution and then “engaged in insurrection or rebellion” or gave “aid or comfort” to insurrectionists.
New York – Former Trump Adviser Steve Bannon Charged with Defrauding Border Wall Donors
Yahoo News – Aaron Katersky (ABC News) | Published: 9/8/2022
Steve Bannon, a onetime political adviser to former President Trump, was charged by authorities in New York with defrauding donors to the We Build the Wall fundraising campaign for a wall along the U.S.-Mexico border. The indictment charges Bannon and We Build the Wall itself with two counts of money laundering. There are additional felony counts of conspiracy and scheme to defraud. The state charges resemble federal charges for which Bannon received a pardon from Trump and allege Bannon and We Build the Wall defrauded 430 Manhattan-based donors out of $33,600.
New York – How a Hochul Donor Received $637M in State Payments
Albany Times Union – Chris Bragg | Published: 9/8/2022
Last December, New York Gov. Kathy Hochul’s administration received an offer to buy 26 million at-home coronavirus tests from a distributor that happened to be a major campaign donor to the governor. The price offered by Digital Gadgets founder Charlie Tebele was $13 per test, far steeper than what other companies were proposing for similar rapid antigen tests. Hochul’s administration had just approved a deal with another firm to buy 5 million tests for just five dollars each. Still, the Hochul administration quickly agreed to pay $338 million to Digital Gadgets at the higher per-test price.
New York – Panel Rejects 3 of the 10 Nominees to New York’s New Ethics Body
Albany Times Union – Chris Bragg | Published: 9/2/2022
A panel tasked with reviewing nominations to New York’s new ethics and lobbying oversight panel rejected three out of ten nominations, while confirming seven others. One of those rejected was Gary Lavine, an outspoken former commissioner on the state’s prior ethics body. the Joint Commission on Public Ethics. Lavine’s rejection appears the most likely to set up a legal battle over a key aspect of the new law that established the Commission on Ethics and Lobbying in Government.
Ohio – Akron Organizers Turn to the Ballot Box for Civilian Oversight of Police
Ohio Capital Journal – Nick Evans | Published: 9/7/2022
A proposed ballot measure in Akron establishing civilian oversight for the police department comes on the heels of the police killing of Jayland Walker, a Black man shot nearly 50 times by Akron officers after fleeing a traffic stop. The amendment to the city charter would establish a new citizen review board with oversight of the city’s existing police auditor. The proposal also expands the auditor’s office and directs city council to spell out in statute what information the auditor can demand from the department. Organizers have turned in 7,000 petition signatures. That is more than two and a half times what they need.to get it on the November ballot.
Ohio – Redistricting: One year later, Ohio a unique, flawed case
Ohio Capital Journal – Susan Tebben | Published: 9/2/2022
One year after the saga of redistricting began, Ohio is seen as a unique case study in the legal strategies and flaws that can emerge in the process. A series of meetings of the Ohio Redistricting Commission were held, where the elected officials who constituted the commission interpreted and re-interpreted a constitutional amendment more than 70 percent of voters had approved to reform the redistricting. One year, five legislative map proposals and two congressional redraws later, the state will hold a general election in November with maps that have been ruled unconstitutional by the Ohio Supreme Court.
Oklahoma – Why Most Oklahoma State Legislative Races Are Uncontested
Oklahoma Watch – Keaton Ross | Published: 9/6/2022
Nearly 70 person of Oklahoma’s state legislative elections will be decided without a single vote cast in November. In 2018, nearly 75 percent of House and Senate races included candidates from at least two parties. Oklahoma now ranks among the nation’s least competitive states for legislative races. Without competitive local races, voters are more likely to become disengaged or feel alienated, studies have found. The same can happen to lawmakers who are not making their case to voters. A Georgetown University study found state legislators who run unopposed are less effective and engaged with constituents.
Oregon – Tina Kotek Wins Over Potential Rival with Embrace of Campaign Finance Changes
OPB – Dirk VanderHart | Published: 9/7/2022
Oregon gubernatorial candidate Tina Kotek removed one potential obstacle in the race. In private discussions, Kotek committed to using her position to advocate for some specific campaign finance regulations if elected governor. With that commitment, and a newly added policy platform on her website, a notable competitor for left-leaning votes has now stepped down. Nathalie Paravicini, running for governor under the banners of the Oregon Progressive Party and Pacific Green Party, filed a form withdrawing her candidacy. Oregon is one of a handful of states that place no limit on how much campaigns can raise and spend.
Tennessee – Registry of Election Finance to Audit Humble for Potential Illegal Coordination with PAC-Like Group
Tennessee Lookout – Sam Stockard | Published: 9/7/2022
The Tennessee Registry of Election Finance is set to audit former state Senate candidate Gary Humble to determine whether his campaign illegally coordinated with his nonprofit organization Tennessee Stands. Registry board member Tom Lawless raised questions about Tennessee Stands, which has a 501(c)(4) federal tax status, and whether it is operating as a PAC without registering with the state. Humble is executive director of the organization, which is intertwined with his political activity.
Texas – Appeals Court Sides with Texas Ethics Commission Over Lobbying Fine Against GOP Activist Michael Quinn Sullivan
MSN – Taylor Goldenstein (Houston Chronicle) | Published: 9/1/2022
An appeals court upheld a Texas Ethics Commission fine levied against conservative activist Michael Quinn Sullivan. He registered as a lobbyist from 2001 to 2009 but did not in 2010 and 2011. The court found Sullivan, acting on behalf of Empower Texans in 2010 and 2011, had lobbied state lawmakers. The judges dismissed Sullivan’s arguments that the commission was unconstitutionally exercising both legislative and executive branch powers. They reversed the trial court’s judgment on the amount of the fine – $10,000 – saying Sullivan is owed a jury trial on that question.
Washington – Data Shows How Well Seattle’s Democracy Voucher Program Is Working
Seattle Times – Gene Balk | Published: 9/2/2022
Seattle’s novel “democracy voucher” program for funding local elections is attracting attention. “… It could revolutionize local elections,” said Brian McCabe of Georgetown University, the co-author of a new study on the program. The study found the democracy voucher program does appear to be living up to its name by helping to democratize political giving in Seattle by diversifying the donor pool to better reflect the city’s population. It also found the rate of participation in the program rose most significantly among Black, Hispanic, and young voters, groups that have historically been underrepresented in the campaign finance system.
Washington – Washington State Judge Rules Facebook Violated Campaign Finance Rules
MSN – Naomi Nix (Washington Post) | Published: 9/2/2022
A judge ruled Facebook owner Meta repeatedly and intentionally violated Washington’s campaign finance law and must pay penalties. King County Superior Court Judge Douglass North said Facebook, which last year renamed itself Meta, repeatedly broke the state’s law requiring technology platforms make information about political ads available for public inspection in a “timely manner.” North also denied Meta’s attempt to invalidate the state’s decades-old law. The ruling arrives as Meta faces scrutiny over how much information it discloses about the way candidates use marketing campaigns on its networks.
Wisconsin – Ginni Thomas Pressed Wisconsin Lawmakers to Overturn Biden’s 2020 Victory
MSN – Emma Brown (Washington Post) | Published: 9/1/2022
Virginia “Ginni” Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, pressed lawmakers to overturn Joe Biden’s 2020 victory not only in Arizona, as previously reported, but also in a second battleground state, Wisconsin, according to emails. Ginni Thomas emailed 29 Arizona lawmakers in in November and December 2020. She urged them to set aside Biden’s popular-vote victory and “choose” their own presidential electors. The new emails show she also messaged two Republican lawmakers in Wisconsin: state Sen. Kathy Bernier, then chair of the Senate elections committee, and state Rep. Gary Tauchen.
September 1, 2022 •
California Legislature Adjourns
The California State Legislature has adjourned for the year, but not before passing several bills concerning lobbying, campaign finance, and procurement in the twilight hours of the session. Among the bills currently awaiting signature by Gov. Gavin Newsom are Senate […]
The California State Legislature has adjourned for the year, but not before passing several bills concerning lobbying, campaign finance, and procurement in the twilight hours of the session.
Among the bills currently awaiting signature by Gov. Gavin Newsom are Senate Bill 459 and Senate Bill 1360.
Senate Bill 459 requires lobbyists, lobbying firms, and lobbyist employers to include information in the quarterly reports that identifies each bill or administrative action lobbied.
Senate Bill 459 also requires lobbying firms to file additional disclosures for lobbying activity during the last 60 days of a scheduled legislative session and requires specified reports for issue lobbying advertisements if a person spends $5,000 or more in a calendar quarter.
Senate Bill 1360 requires certain political advertisements to identify the top contributors to the campaign committee paying for the advertisement without regard to any minimum contribution threshold.
The bill also makes additional changes to the disclosure requirements for political advertisements, including changes to the required form, content, and presentation of the disclosures depending on the medium in which the advertisement appears.
August 26, 2022 •
News You Can Use Digest – August 26, 2022
National/Federal An Unusual $1.6 Billion Donation Bolsters Conservatives Seattle Times – Kenneth Vogel and Shane Goldmacher (New York Times) | Published: 8/22/2022 A new conservative group received $1.6 billion from one donor, which among the largest – if not the largest […]
National/Federal
An Unusual $1.6 Billion Donation Bolsters Conservatives
Seattle Times – Kenneth Vogel and Shane Goldmacher (New York Times) | Published: 8/22/2022
A new conservative group received $1.6 billion from one donor, which among the largest – if not the largest – single contributions ever made to a politically focused nonprofit. The source of the money was Barre Seid, an electronics manufacturing mogul. The beneficiary is a nonprofit controlled by Leonard Leo, an activist who has used his connections to Republican donors and politicians to help engineer the conservative dominance of the Supreme Court and to finance battles over abortion rights, voting rules, and climate change policy.
Ex-Interior Secretary Zinke Lied to Investigators in Casino Case, Watchdog Finds
MSN – Lisa Rein and Anna Phillips (Washington Post) | Published: 8/24/2022
Former Interior Secretary Ryan Zinke, the leading contender to win a new U.S. House seat representing Montana this fall, lied to investigators several times about conversations he had with federal officials, lawmakers, and lobbyists about a petition by two Indian tribes to operate a casino in New England, the department’s watchdog said. Investigators concluded that when questioned about his talks with Interior attorneys and others outside the department, Zinke and his then-chief of staff failed to comply with their “duty of candor” as public officials to tell the truth, the report said.
Federal Campaign Spending on Childcare Expenses Grows in 2022 Midterms
OpenSecrets – Taylor Giorno | Published: 8/17/2022
Federal candidates are on track to spend more money on childcare ahead of 2022 midterms than in either of the previous two election cycles. For the first time since the FEC approved the expense in 2018, men are driving the increase in childcare expenditures. U.S. Rep. Eric Swalwell’s campaign spent more money on childcare than any other male federal candidate this election cycle as of June 30. A record number of mothers were sworn into Congress in 2019. But an analysis shows fewer women are using federal funds to cover childcare expenses this election cycle.
Files Copied from Voting Systems Were Shared with Trump Supporters, Election Deniers
MSN – Jon Swaine, Aaron Davis, Amy Gardner, and Emma Brown (Washington Post) | Published: 8/22/2022
Sensitive election system files obtained by attorneys working to overturn former President Trump’s 2020 defeat were shared with election deniers, conspiracy theorists, and right-wing commentators. A computer forensics firm hired by the attorneys placed the files on a server, where company records show they were downloaded dozens of times. The records include contracts between the firm and the Trump-allied attorneys, notably Sidney Powell. The data files are described as copies of components from election systems in Coffee County, Georgia, and Antrim County, Michigan.
‘It’s a Rip-Off’: GOP spending under fire as Senate hopefuls seek rescue
MSN – Isaac Arnsdorf (Washington Post) | Published: 8/19/2022
Republican U.S. Senate hopefuls are getting crushed on airwaves across the country while their national campaign fund is pulling ads and running low on cash, leading some campaign advisers to demand an audit of the National Republican Senatorial Committee’s (NRSC) finances. The NRSC canceled bookings worth about $10 million. A spokesperson said the NRSC is not abandoning those races but prioritizing ad spots that are shared with campaigns and benefit from discounted rates. Still, the cancellations forfeit cheaper prices that came from booking early, and better budgeting could have covered both.
Justice Dept. Memo to Not Charge Trump in Russia Probe Released
MSN – Devlin Barrett and Rachel Weiner (Washington Post) | Published: 8/24/2022
The Justice Department released the entire text of a secret 2019 memo that laid out the legal rationale for not charging then-President Trump with committing obstruction of justice in the investigation into whether Russia interfered in the 2016 election. The memo says no potential instances of obstruction of justice by Trump that were cited by special counsel Robert Mueller III’s “would warrant a prosecution for obstruction of justice,” regardless of whether the person being investigated was a sitting president.
New Claims Against Ex-Miami Congressman Hired by Venezuela
Yahoo News – Joshua Goodman (Associated Press) | Published: 8/20/2022
Former U.S. Rep. David Rivera, who signed a $50 million consulting contract with Venezuela’s socialist government, not only did no apparent work, but also channeled a large chunk of the money to a yacht company on behalf of a fugitive billionaire, according to new allegations in a civil suit. Rivera’s Interamerican Consulting was sued by PDV USA, a Delaware-based affiliate of Venezuelan-owned Citgo. It alleges Rivera performed no work for the $50 million contract he signed in 2017 for three months of “strategic consulting” meant to build bridges with key U.S. stakeholders.
Rep. Cawthorn Tells Feds He Forgot About $236K; Sends Amended Campaign Finance Report
Yahoo News – Joe Burgess (Asheville Citizen-Times) | Published: 8/22/2022
Days after filing a mandatory federal campaign finance document whose month-late arrival could garner him more than $17,000 in fines, U.S. Rep. Madison Cawthorn has filed another document saying he got the first report wrong. That is because he forgot about the $235,566 that he personally gave the campaign, the latest report says. While amendments such as the one Cawthorn filed are not uncommon, ones that show large changes can trigger FEC action, said FEC spokesperson Mills Martin. “What is part of the amendment that might be looked at by the FEC are what the changes are and what the additional amounts are,” Martin said.
Republicans Turn Against League of Women Voters
ProPublica – Megan O’Matz | Published: 8/18/2022
The League of Women Voters, known for focusing on voter registration, hosting debates, and conducting candidate surveys, has been more visible recently in advocating for issues like racial equity and abortion rights. As a result, the league is drawing criticism in ways that are extraordinary for the once-staid group. Republicans are pushing back, casting it as a collection of angry leftists. With more right-leaning candidates snubbing the league, voters are less likely to hear directly from those candidates in unscripted forums. That pushback sidelines the league at a time when misinformation has become a significant force in elections at every level.
Some Companies’ Political Spending Fuel Voter Suppression. Shareholders are Pushing Back
Fast Company – Kathryn Kranhold (Capital & Main) | Published: 8/25/2022
Shareholders are pressuring some of the largest American corporations to account for political spending that may be aiding voter suppression or election interference. In the past, shareholder activism has focused mostly on corporate-responsibility causes, such as environmental issues and pay equity between men and women as well as governance like executive pay. The newest movement, addressing threats to democracy, is gaining traction.
Trump Had More Than 300 Classified Documents at Mar-a-Lago
Yahoo News – Maggie Haberman, Jodi Kantor, Adam Goldman, and Ben Protess (New York Times) | Published: 8/22/2022
The initial batch of documents retrieved by the National Archives from former President Trump in January included more than 150 marked as classified, a number that ignited concern at the Justice Department and helped trigger the investigation that led FBI agents to search Mar-a-Lago seeking to recover more, people briefed on the matter said. In total, the government has recovered more than 300 documents with classified markings from Trump since he left office. The volume of the sensitive material found in Trump’s possession helps explain why the Justice Department moved so urgently to hunt down any further classified materials he might have.
Trump Kept More Than 700 Pages of Classified Documents, Letter from National Archives Says
Minneapolis Star Tribune – Alan Feuer (New York Times) | Published: 8/23/2022
Donald Trump took more than 700 pages of classified documents, including some related to the nation’s most covert intelligence operations, to his private club and residence in Florida when he left the White House, according to a letter the National Archives sent to his lawyers. The letter described the alarm in the Justice Department as officials realized how serious the documents were. It also suggested top prosecutors and members of the intelligence community were delayed in conducting a damage assessment about the documents’ removal as Trump’s lawyers tried to argue some of them might have been protected by executive privilege.
White Coats in the State Capital: OB-GYNs become political force in abortion wars
Yahoo News – Alice Miranda Ollstein and Megan Messerly (Politico) | Published: 8/22/2022
Physicians, many of whom have never mobilized politically, are banding together in the wake of the Supreme Court overturning Roe v. Wade, lobbying state lawmakers, testifying before committees, forming PACs, and launching online campaigns against proposed abortion restrictions. Lawmakers who are physicians are using their medical backgrounds to persuade colleagues to scale back some of the more restrictive and punitive portions of anti-abortion laws being considered. The new groups’ early successes in some of the nation’s most conservative states signal the power they hope to wield in the coming months as well as in years to come.
Canada
Canada – Ethics Investigation Flags Problem with Transparency in Alberta’s Lobbyist Act
MSN – Hamdi Issawi (Edmonton Journal) | Published: 8/22/2022
One of Alberta’s rules for registering lobbyists needs to change “to promote public transparency” according to a recent investigation by the province’s office of the ethics commissioner. The office began an investigation in May to determine whether Mark Kuspira, the owner of a business known as Crush Imports, had breached the Lobbyists Act – specifically whether he failed to appropriately file a return with the lobbyist registry, and whether he had been lobbying without a filed return.
From the States and Municipalities
Alaska – Ranked Choice Voting, in First Test in Alaska, Is Already Under Attack
Yahoo News – Nathaniel Herz (Anchorage Daily News) | Published: 8/17/2022
Alaskans went to the polls on August 16 for the first time using a new ranked choice system that is already under attack by a number of the politicians competing within it, and voters, in interviews, offered wide-ranging reviews. Many said they like the new system and called it intuitive. But there was also anger from voters across the political spectrum, even though much of the criticism of ranked choice has so far come from conservatives who assert it was set up to protect incumbent U.S. Sen. Lisa Murkowski from right-wing challengers.
Arizona – Court Battles Rage Over 3 Arizona Voter Initiatives
MSN – Bob Christie (Associated Press) | Published: 8/15/2022
Proponents of three voter initiatives who each turned in hundreds of thousands of signatures to qualify them for the November ballot are trying to beat back legal challenges that could prevent them from going before voters. Two of the measures – one requiring disclosure of who is funding political campaigns and another rolling back or blocking efforts by Republicans to tighten voting rules – are being challenged by pro-business groups. They alleged paid petition circulators made errors or omitted required information on their registrations with the secretary of state or petitions.
Arkansas – Court Tosses Arkansas Law Limiting Election Helpers
Arkansas Democrat-Gazette – Doug Thompson | Published: 8/23/2022
A 2009 Arkansas law forbidding one person from acting as translator for more than six voters in casting their ballots violates the federal Voting Rights Act, U.S. District Court Judge Timothy Brooks ruled. A provision of the 1965 law allows voters who require assistance because of an inability to read or write to get assistance from a person of the voter’s choice, Brooks said. His order told state and county election officials to cease trying to enforce the six-person limit and strike all mention of it from election materials.
Arkansas – Settlement Requires Arkansas Senator to Unblock Critics
MSN – Andrew DeMillo (Associated Press) | Published: 8/17/2022
Arkansas Sen. Jason Rapert will be required to unblock critics from his social media accounts under a settlement a national atheists’ group. Rapert is required to remove any restrictions on his social media accounts and will have to pay more than $16,000 to American Atheists for costs related to a lawsuit. Rapert said he is the founder and president of the National Association of Christian Lawmakers, which works to “restore the Judeo-Christian foundations of our government.”
California – California Targets Local Recall Election ‘Hyperpartisanship’
MSN – Don Thompson (Associated Press) | Published: 8/23/2022
Democratic lawmakers moved to limit the “hyperpartisanship” they said has increasingly corrupted California’s local recall elections, over the objection of Republicans who said it could boost costs and thwart voters’ will. Currently, voters generally decide whether to recall a sitting official and choose that official’s replacement at the same time and on the same ballot. But that could result in a replacement taking office with a minority of votes in a multi-candidate field, and with potentially fewer votes than the official who is ousted.
California – Judge Issues Order That Keeps Herb Wesson Off the L.A. City Council
MSN – David Zahniser (Los Angeles Times) | Published: 8/23/2022
A judge barred former Los Angeles City Councilperson Herb Wesson from returning to City Hall as a temporary fill-in for council member Mark Ridley-Thomas for at least two months, leaving his district without a voting representative. The Southern Christian Leadership Conference of Southern California has argued Wesson is barred under the city’s term limit law from returning to the council while Ridley-Thomas fights corruption charges. Wesson served more than three terms, the maximum allowed, before being appointed to the temporary post earlier this year.
California – This Former L.A. Politician Took Cash in Envelopes. Now He’s Been Fined $79,830
MSN – David Zahniser (Los Angeles Times) | Published: 8/17/2022
Five years ago, Los Angeles City Councilperson Mitchell Englander took a fateful trip to Las Vegas with a clutch of businesspeople and city staffers, accepting a free hotel room, expensive liquor, and an envelope containing $10,000, among other things. That trip eventually led to a 14-month prison sentence for Englander. The city Ethics Commission voted recently to levy a $79,830 penalty against him for violating gift laws. Commission investigators concluded Englander far exceeded the city’s limits on gifts to public officials, failed to fully report those gifts, and misused his position as a council member.
Florida – DeSantis’s New Election Crimes Unit Makes Its First Arrests
MSN – Lori Rozsa and Tim Craig (Washington Post) | Published: 8/18/2022
Florida Gov. Ron DeSantis announced the first arrests made by the state’s new elections police force – twenty people previously incarcerated for murder or sexual assault who he said had illegally voted in the 2020 election. The Florida Legislature passed a bill creating the Office of Election Crimes and Security earlier this year at DeSantis’s behest. While the 2020 election went smoothly in Florida – DeSantis called it the “gold standard” for elections – the governor has said there are still issues and conservative lawmakers have sought to further tighten voting regulations.
Florida – Judge Blocks Florida’s ‘Stop Woke Act’ Restrictions for Private Companies
MSN – Tim Craig (Washington Post) | Published: 8/18/2022
A federal judge ruled that a Florida law restricting workplace bias or diversity training violates the First Amendment and cannot be enforced. U.S. District Court Judge Mark Walker said Florida has turned “the First Amendment upside down” by trying to regulate how employers train employees on topics such as racial inclusion and gender equity. The “Stop Woke Act” prohibits trainings in public schools, colleges and universities, and workplaces that may cause someone to feel guilty or ashamed about the past collective actions of their race or sex. A violation of the act is an offense under state anti-discrimination laws.
Georgia – Georgia PSC Elections Again Delayed After High Court Ruling
MSN – Jeff Amy (Associated Press) | Published: 8/19/2022
Two Georgia Public Service Commission elections will not occur this November, the U.S. Supreme Court ruled, reversing an earlier appeals court ruling that allowed them to proceed. Instead, the justices reverted to the original decision by a federal judge in Atlanta that postponed the vote after finding that electing the five commissioners statewide illegally diluted Black votes. The Supreme Court ruled U.S. District Court Judge Steven Grimberg’s decision did not come too close to the election.
Georgia – Sen. Graham Gets Temporary Reprieve in Testifying Before Ga. Grand Jury
MSN – Amy Wang and Tom Hamburger (Washington Post) | Published: 8/21/2022
A federal appeals court has temporarily paused an order that would have required U.S. Sen. Lindsey Graham to testify before a Georgia grand jury investigating Republican efforts to reverse the 2020 presidential election results in the state. The legal maneuvering is the latest sign of tension between prosecutors and high-profile witnesses in the Fulton County district attorney’s expansive criminal probe of alleged election interference by former President Trump and his allies. After seeking repeated delays, Rudy Giuliani testified for six hours recently.
Michigan – Jury Convicts Adam Fox, Barry Croft Jr. in Whitmer Kidnapping Plot
MSN – Tresa Baldas (Detroit Free Press) | Published: 8/23/2022
In a do-over for the government, a federal jury convicted two men charged with plotting to kidnap and kill Michigan Gov. Gretchen Whitmer out of anger over her handling of the pandemic, ending a trial that highlighted the growth of violent extremism in America. Adam Fox and Barry Croft Jr. were convicted on all counts and face up to life in prison. The men were judged by a second, more diverse jury than in the first trial, which ended with no convictions for the government. Two men were acquitted in that trial and the jury deadlocked on charges against Fox and Croft Jr., triggering a mistrial that prompted the government to try again.
Missouri – Ex-St. Louis Alderman John Collins-Muhammad Admits Federal Corruption Charges
St. Louis Post-Dispatch – Joel Currier | Published: 8/23/2022
Former St. Louis Alderman John Collins-Muhammad pleaded guilty in a federal bribery case against him and two other ex-city officials. He admitted to theft or bribery concerning programs receiving federal funds, racketeering, and wire fraud. Collins-Muhammad is the first of three ex-council members to plead guilty after being indicted on charges of accepting cash bribes from a local businessperson in exchange for tax breaks. He admitted accepting $7,000 in cash, $3,000 in campaign donations, a new iPhone 11, and a 2016 Volkswagen CC sedan in exchange for his help.
New Jersey – Car Insurance Bills Shine Spotlight on Lawmaker Ethics
New Jersey Monitor – Sophie Nieto-Munoz | Published: 8/23/2022
In New Jersey’s part-time Legislature, lawmakers are often involved in legislation related directly to their full-time careers. Often these votes generate little controversy, especially if the bills pass with wide support. While watchdogs might voice concerns about conflicts-of-interest, lawmakers say their day jobs offer an insider’s knowledge that helps them better shape potential policy. But sometimes public policy can lead to financial windfalls. That is why questions are swirling about whether two top lawmakers will financially benefit from a package of bills Gov. Phil Murphy signed into law recently.
New York – Lobbyists Navigate a More Civil Yet Nuanced Landscape in Albany
City & State – Tim Murphy | Published: 8/22/2022
For a decade, and until only about a year ago, lobbyists, advocates, consultants, and others seeking to influence Albany all feared one thing: the wrath of then-Gov. Andrew Cuomo and his close advisors. Dealing with Cuomo’s inner circle was never pleasant, according to lobbyists, but cross them and they would lash out. In the past year with Gov. Kathy Hochul, they said that has changed.
North Carolina – N.C. Attorney General Can’t Be Charged with Crime Over Campaign Ad – Yet
MSN – Rachel Weiner (Washington Post) | Published: 8/24/2022
An appeals court temporarily blocked an investigation into North Carolina Attorney General Josh Stein over a negative campaign ad, saying the state law he is accused of violating is probably unconstitutional. The debate turns on a 1931 law that criminalized the publication of a “derogatory” campaign ad, “knowing such report to be false or in reckless disregard of its truth or falsity.” A grand jury is investigating whether Stein lied during his successful 2020 reelection campaign in an ad blaming his Republican rival for a backlog of untested rape kits. Even if the ad was false, Stein argued, it would be protected under current First Amendment doctrine.
Ohio – Cleveland Businessman Tony George Was Go-Between for FirstEnergy, Ex-House Speaker Larry Householder Over Nuclear Bailout
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 8/22/2022
New documents reveal a close relationship between Cleveland restaurateur Tony George and FirstEnergy in the House Bill 6 bribery scheme, with George acting as an intermediary between top company officials and now-indicted former Ohio House Speaker Larry Householder. Tracy Aston, FirstEnergy’s assistant controller, identified George as “Individual B” in the utility’s deferred prosecution agreement with federal authorities. The agreement says “Individual B” was in communication with now-fired FirstEnergy Chief Executive Officer Chuck Jones about an early effort to bail out two nuclear power plants, as well as an aborted effort by Householder to skirt state term limits.
Ohio – The Hidden Role of a Religious Lobbying Group in Ohio’s Education ‘Backpack Bill’
Ohio Capital Journal – Zurie Pope | Published: 8/24/2022
An Ohio bill that would send public education money to private schools if a student chooses to attend one was written with help from religious lobbying group the Center for Christian Virtue (CCV) and a think tank that promotes charter schools. Documents reveal CCV’s involvement in House Bill has been more extensive than previously known and included the advice and promotion of outside groups like Heritage Action and the American Legislative Exchange Council.
Pennsylvania – Philly’s Board of Ethics Will Consider Banning Super PAC ‘Redboxing’ Ahead of the 2023 Mayoral Race
Philadelphia Inquirer – Sean Collins Walsh | Published: 8/17/2022
The Philadelphia Board of Ethics heard testimony on whether it should tighten rules aimed at preventing campaigns from indirectly communicating with political groups that can raise and spend money in unlimited amounts but are prohibited from coordinating with candidates. A proposed amendment that aims to crack down on a new strategy known as “redboxing” that some candidates for federal office have used to give instructions to supportive outside spending groups without communicating with them directly. But election lawyers say the wording of the amendment is too broad and could unintentionally capture normal campaign messaging.
South Dakota – SD Gov. Kristi Noem May Have ‘Engaged in Misconduct,’ Ethics Board Says
NBC News – Associated Press | Published: 8/23/2022
The South Dakota Government Accountability Board said it found sufficient information that Gov. Kristi Noem may have “engaged in misconduct” when she intervened in her daughter’s application for a real estate appraiser’s license, and it referred a separate complaint over her airplane use to the state attorney general for investigation. She is under scrutiny from the board after Jason Ravnsborg, the former attorney general, filed complaints that stemmed from media reports on Noem’s actions in office. The governor has denied any wrongdoing.
Tennessee – Former Tennessee House Speaker Glen Casada, Cade Cothren Plead Not Guilty to Federal Corruption Charges
MSN – Melissa Brown and Adam Friedman (Tennessean) | Published: 8/23/2022
Former Tennessee House Speaker Glen Casada and his onetime chief of staff, Cade Cothren, were arrested on federal corruption charges including bribery, kickbacks, and conspiracy to commit money laundering. Prosecutors allege the pair ran a shadowy political consulting firm fronted by Cothren to solicit General Assembly business and siphon off kickbacks. Casada is the first current or former House speaker to be indicted in state history. He resigned as speaker amid a texting scandal over sexually explicit and racist conversations with Cothren.
Texas – Election Staff Abruptly Quits, Upending Rural Texas County
MSN – Paul Weber (Associated Press) | Published: 8/22/2022
Part of why Terry Hamilton says he abruptly left his job running elections in Gillespie County, Texas, is by now a familiar story in America – he became fed up with the harassment that followed the 2020 election. But this was no ordinary exit. On the brink of November’s midterm elections, it was not just Hamilton who quit but also the only other full-time election worker. The sudden emptying of an entire local elections department came less than 70 days before voters start casting ballots.
Texas – One Former and One Current State Rep Are Set to Get Part of Lucrative Houston Airport Contracts
AviationPros – Dylan McGuinness (Houston Chronicle) | Published: 8/18/2022
The Houston City Council passed a lucrative contract granting food and beverage shops inside Bush Intercontinental Airport to a partnership that includes a former legislative colleague and longtime friend of Mayor Sylvester Turner. The city said it will publicly announce the vendors after the second contract passes City Council. An affiliate of SSP Group is leading the food and beverage contract. Multiplex Inc., the concessions company founded by former state Rep. Helen Giddings of Dallas, is a junior partner in that deal. The SSP deal also involves Karen Garcia, the wife of Roland Garcia, who chaired the city’s Hispanic Advisory Council for Turner.
Texas – Texas Bans Local, State Government Entities from Doing Business with Firms That ‘Boycott’ Fossil Fuels
Texas Tribune – Mitchell Ferman | Published: 8/24/2022
Texas banned 10 financial firms from doing business with the state after Comptroller Glenn Hegar said they did not support the oil and gas industry. Hegar sent inquiries to hundreds of financial companies earlier this year requesting information about whether they were avoiding investments in the oil and gas industry in favor of renewable energy companies. The survey was a result of a new law that went into effect in September and prohibits most state agencies, as well as local governments, from contracting with firms that have cut ties with carbon-emitting energy companies.
Washington – ‘Gold Standard’ or Unconstitutional? Facebook and Wash. State AG Spar Over Political Ad Disclosure Law
MSN – Todd Bishop (GeekWire) | Published: 8/16/2022
Facebook parent company Meta and Washington Attorney General Bob Ferguson agree on this: the state’s campaign advertising disclosure law is exceptional. But is that good or bad – and more importantly, is the law constitutional? That is a matter of significant disagreement as both sides prepare for a key hearing in King County Superior Court in Seattle. It promises to be a pivotal moment in a long-running dispute over the state’s public disclosure requirements for tech platforms that run campaign ads.
Wyoming – Secretary of State Halts Unusual Effort to Put Candidate on Ballot Against Gray
Casper Star-Tribune – Victoria Eavis | Published: 8/23/2022
The Wyoming secretary of state’s office quashed an effort to put an independent challenger on the ballot to run against state Rep. Chuck Gray, the Republican secretary of state nominee. After Sen. Cale Case challenged the secretary of state’s interpretation of a statute that requires all independent candidates to sign off on their own candidacy, the chief elections office ruled against him. Case was attempting to get former legislator Nathan Winters on the ballot as an independent, despite the fact that Winters does not want to run.
August 22, 2022 •
Monday’s LobbyComply News Roundup
Campaign Finance Pennsylvania: “Philly’s Board of Ethics Will Consider Banning Super PAC ‘Redboxing’ Ahead of the 2023 Mayoral Race” by Sean Collins Walsh for Philadelphia Inquirer Washington: “‘Gold Standard’ or Unconstitutional? Facebook and Wash. State AG Spar Over Political Ad […]
Campaign Finance
Pennsylvania: “Philly’s Board of Ethics Will Consider Banning Super PAC ‘Redboxing’ Ahead of the 2023 Mayoral Race” by Sean Collins Walsh for Philadelphia Inquirer
Washington: “‘Gold Standard’ or Unconstitutional? Facebook and Wash. State AG Spar Over Political Ad Disclosure Law” by Todd Bishop (GeekWire) for MSN
Elections
Georgia: “Georgia PSC Elections Again Delayed After High Court Ruling” by Jeff Amy (Associated Press) for MSN
Ethics
National: “Judge Signals He’s Willing to Unseal Some of Mar-a-Lago Affidavit” by Josh Dawsey and Perry Stein (Washington Post) for MSN
Arkansas: “Settlement Requires Arkansas Senator to Unblock Critics” by Andrew DeMillo (Associated Press) for MSN
California: “This Former L.A. Politician Took Cash in Envelopes. Now He’s Been Fined $79,830” by David Zahniser (Los Angeles Times) for MSN
Florida: “Judge Blocks Florida’s ‘Stop Woke Act’ Restrictions for Private Companies” by Tim Craig (Washington Post) for MSN
Procurement
Texas: “One Former and One Current State Rep Are Set to Get Part of Lucrative Houston Airport Contracts” by Dylan McGuinness (Houston Chronicle) for AviationPros
August 5, 2022 •
News You Can Use Digest – August 5, 2022
National/Federal A Right-Wing Think Tank Claimed to Be a Church. Now, Members of Congress Want to Investigate. ProPublica – Andrew Suozzo | Published: 8/2/2022 Forty members of Congress asked the IRS and the Treasury Department to investigate what the lawmakers termed […]
National/Federal
A Right-Wing Think Tank Claimed to Be a Church. Now, Members of Congress Want to Investigate.
ProPublica – Andrew Suozzo | Published: 8/2/2022
Forty members of Congress asked the IRS and the Treasury Department to investigate what the lawmakers termed an “alarming pattern” of right-wing advocacy groups registering with the tax agency as churches, a move that allows the organizations to shield themselves from some financial reporting requirements and makes it easier to avoid audits. The representatives raised transparency concerns following a ProPublica story about the Family Research Council, a right-wing Christian think tank based in Washington, D.C., getting reclassified as a church.
Campaign Finance Watchdog Alleges WinRed Processed Billions in Political Contributions Without Disclosing Operating Expenses
OpenSecrets – Taylor Giorno | Published: 7/29/2022
Online Republican fundraising platform WinRed may have failed to fully disclose operating expenses, the Campaign Legal Center alleges in a new FEC complaint. The self-described “#1 fundraising technology used by conservatives” reported less than $2,700 in operating expenses since January 2019 despite processing over $2.8 billion in earmarked contributions, and $212 million in contribution refunds, during that period, according to the complaint.
Ex-White House Counsel Subpoenaed by Federal Grand Jury Investigating Jan. 6 Attack
ABC News – Katherine Faulders, John Santucci, and Alexander Mallin | Published: 8/2/2022
A federal grand jury subpoenaed former Trump White House counsel Pat Cipollone in its investigation into the assault on the U.S. Capitol and efforts to overturn the 2020 election. The move to subpoena Cipollone signals an even more dramatic escalation in the Justice Department’s investigation of the attack than previously known, following appearances by senior members of former Vice President Mike Pence’s staff before the grand jury.
First Jan. 6 Defendant Convicted at Trial Receives Longest Sentence of 7 Years
MSN – Spencer Hsu and Tom Jackman (Washington Post) | Published: 8/1/2022
The first U.S. Capitol riot defendant convicted at trial was sentenced to more than seven years in prison, the longest punishment handed down to date over the January6, 2021, attack on Congress. Guy Reffitt, a recruiter for the right-wing Three Percenters movement in Texas, was convicted of five felony offenses, including obstruction of Congress as it met to certify the 2020 election result, interfering with police, and carrying a firearm to a riot, and threatening his teenage son, who turned him in to the FBI.
Hot Mic Captured Gaetz Assuring Stone of Pardon, Discussing Mueller Redactions
Anchorage Daily News – John Swaine and Dalton Bennett (Washington Post) | Published: 7/30/2022
As Roger Stone prepared to stand trial in 2019, complaining he was under pressure from federal prosecutors to incriminate Donald Trump, a close ally of the president repeatedly assured Stone “the boss” would likely grant him clemency if he were convicted, a recording shows. U.S. Rep. Matt Gaetz predicted Stone would be found guilty at his trial but would not “do a day” in prison. Gaetz was apparently unaware they were being recorded by documentary filmmakers following Stone, whom special counsel Robert Mueller had charged with obstruction of a congressional investigation.
Jan. 6 Text Messages Wiped from Phones of Key Trump Pentagon Officials
CNN – Tierny Sneed and Zachary Cohen | Published: 8/2/2022
The Department of Defense (DOD) wiped the phones of top departing DOD and Army officials at the end of the Trump administration, deleting any texts from key witnesses to events surrounding the attack on the U.S. Capitol. American Oversight filed a Freedom of Information suit seeking the records from former acting Secretary of Defense Chris Miller, former chief of staff Kash Patel, and former Secretary of the Army Ryan McCarthy, among others. Miller, Patel, and McCarthy have been viewed as crucial witnesses for understanding government’s response to the assault and former President Trump’s reaction to the breach.
Justice Department Details Threats Against Election Workers
Associated Press News – Marina Villeneuve | Published: 8/3/2022
The U.S. Justice Department has charged five people for making threats of violence against election workers amid a rising wave of harassment and intimidation tied to the 2020 presidential race, a top official told the Senate Judiciary Committee. Assistant Attorney General Kenneth Polite said the department has investigated more than 1,000 harassing and threatening messages directed at election workers. Roughly 100 of those have risen to the level of potential prosecution.
Russian National Charged with U.S. Political Influence Operation
MSN – Devlin Barrett (Washington Post) | Published: 7/29/2022
Federal authorities charged a Russian man with a years-long malign influence campaign targeting American politics – alleging he used American groups in Florida, Georgia, and California to sow discord and push pro-Russia propaganda. Aleksandr Viktorovich Ionov, who lives in Moscow, worked for nearly eight years with Russian officials to fund and direct the U.S. groups, according to the indictment. It does not name the groups, but charges Ionov also advised the campaigns of two unidentified candidates in Florida.
Secret Service’s ‘Ludicrous’ Deletion of Jan. 6 Phone Data Baffles Experts
MSN – Drew Harwell, Will Oremus, and Joseph Menn (Washington Post) | Published: 7/29/2022
Cybersecurity experts and former government leaders are stunned by how poorly the Secret Service and the Department of Homeland Security handled the preservation of officials’ text messages and other data from around January 6, 2021, saying the top agencies entrusted with fighting cybercrime should never have bungled the simple task of backing up agents’ phones. Experts are divided over whether the disappearance of the phone data is a sign of incompetence, an intentional coverup, or some murky middle ground. But the failure has raised suspicions about the disposition of records whose preservation was mandated by federal law.
Several Election Deniers Backed by Trump Prevail in Hotly Contested Primaries
MSN – Hannah Knowles (Washington Post) | Published: 8/3/2022
Several election deniers backed by former President Trump prevailed in closely watched primaries on August 2, as a nationwide battle over the future of the GOP played out in state and federal races across five states. Primaries in these states as well as Kansas and Washington kicked off a final series of intraparty contests before the midterms that will determine control of Congress in the fall. It was unclear what the totality of the primaries would reveal about the influence of Trump and his ideas, with key contests yet to be settled.
The GOP Went to War Against Google Over Spam – and May Win
MSN – Isaac Stanley-Becker and Josh Dawsey (Washington Post) | Published: 7/29/2022
Many Republican lawmakers contend Google is suppressing the party’s campaign solicitations. Republicans have waged a pressure campaign that has included public Twitter offensives and private discussions with Google executives. The effort’s impact became apparent when Google asked the FEC to approve a pilot program that would exempt campaign emails from spam detection. The amount of political fundraising conducted over email and text has exploded in recent years, adding to the deluge of promotional messages swamping Americans every day. The full-court press drew on the GOP’s protest that Silicon Valley is biased against conservatives, a claim disputed by the companies.
The RNC ‘Election Integrity’ Official Appearing in DOJ’s Jan. 6 Subpoenas
MSN – Betsy Woodruff Swan (Politico) | Published: 7/30/2022
In addition to a group of former President Trump’s top lawyers, the Justice Department’s January 6 probe is also seeking communications to and from a Republican National Committee (RNC) staffer in a sensitive role. At least three witnesses in the investigation of so-called alternate electors in the 2020 election have received subpoenas demanding communications to and from Joshua Findlay, who is now the RNC’s national director for election integrity.
U.S. Sues Former Trump Aide Peter Navarro Over White House Emails
MSN – Devlin Barrett (Washington Post) | Published: 8/3/2022
Peter Navarro, the former Trump economic adviser already facing trial on charges of contempt of Congress, was sued by the government over his refusal to turn over private emails he allegedly used to conduct White House business during the Trump administration. The lawsuit charges he “is wrongfully retaining Presidential records that are the property of the United States, and which constitute part of the permanent historical record of the prior administration.”
From the States and Municipalities
Arizona – Arizona Officials Warned Fake Electors Plan Could ‘Appear Treasonous’
MSN – Maggie Haberman and Luke Broadwater (New York Times) | Published: 8/3/2022
Two Arizona Republicans recruited by allies of former President Trump to join an effort to keep him in office after he lost the 2020 election grew so concerned about the plan that they told lawyers working on it that they feared their actions could be seen as treason, according to emails. The scheme was part of a broader plan to falsely manufacture a victory for Trump by creating fake slates of electors in battleground states who would claim he had been the true winner. Some of the lawyers who undertook the effort doubted its legality.
California – Alameda County Sued by Anti-Affirmative Action Group Over Public Contracts Policy
MSN – Joseph Geha (Bay Area News Group) | Published: 7/31/2022
Alameda County’s efforts to ensure minority-owned and women-owned businesses get a share of public construction contracts violate the U.S. and California Constitution, according to a lawsuit. Plaintiffs say the county’s Public Works Agency and its General Services Agency both oversee similar programs that “force general contractors to discriminate against subcontractors” if they are not minority owned. The programs, which push contractors working on many projects to have at least 15 percent of the work done by minority-owned businesses and at least five percent done by women-owned businesses, amount to “government-sanctioned racial discrimination.”
California – Is It Too Easy for Write-In Candidates in California Elections?
CalMatters – Sameea Kamal | Published: 7/28/2022
In California elections, it only takes a handful of signatures and votes for legislative write-in candidates to get on the November ballot. While some candidates might spend millions of dollars or months campaigning, California’s top-two primary system means that in races with only one other candidate, it is possible for a write-in candidate to sneak into second place with very little support. For the June 7 primary, state Assembly and Senate candidates needed as few as 40 people to sign nomination papers to qualify as write-in candidates. No matter how few votes they won, as long as they finished in second, they advanced to the November election.
California – L.A. City Councilman Mark Ridley-Thomas Sues City Hall, Seeking to Restore His Pay
MSN – David Zahniser (Los Angeles Times) | Published: 7/28/2022
Los Angeles City Councilperson Mark Ridley-Thomas filed a lawsuit seeking to have a judge strike down the city’s decision to cut off his pay while he fights federal corruption charges. In his filing, Ridley-Thomas called the decision by City Controller Ron Galperin to terminate his pay and health benefits “unauthorized, unlawful and politicized.” Ridley-Thomas said he is barred under city law from seeking outside income while he fights the charges. He also contends that Galperin’s actions violated the City Charter.
California – SF Arts Commission Director Used Grant Money for a Hawaii Vacation
San Francisco Examiner – Thomas Hughes (Bay City News Foundation) | Published: 8/2/2022
A former director of the San Francisco Arts Commission was fined $20,000 after she admitted diverting grant money to finance a personal vacation in Hawaii. The grant had been intended for a local Native and Indigenous artist and was awarded to fund a short documentary exploring pre-colonial connections across the Pacific. Instead, the money was used by former arts director Barbara Mumby-Huerta to pay travel expenses to Hawaii for herself, her daughter, and a friend, a trip in which no work was ever produced.
Connecticut – Connecticut Port Authority Reveals Which Employees Accepted Gifts
Yahoo – Greg Smith (The Day) | Published: 8/1/2022
At the request of two state senators, the Connecticut Port Authority (CPA) has released the names of its employees that improperly accepted gifts from a company vying for authority business. Former Executive Director Evan Matthews and Andrew Lavigne, the CPA’s current manager of business development and special projects, each received a $625 ticket from Seabury Maritime Capital to a May 2019 National Hockey League playoff game in Boston along with food and beverages from a restaurant.
Florida – Ethics Panel Hearing Set for Bristol City Clerk Who Allegedly Left IOUs for City Cash
Yahoo News – Karl Etters (Tallahassee Democrat) | Published: 8/1/2022
A state ethics panel found probable cause for a complaint against Bristol’s city clerk that alleges she left IOU notes for money she took from the cash drawer in City Hall. The panel recommended a formal public hearing for City Clerk Robin Hatcher. Deputy City Clerk Nichole Day said she saw Hatcher take $200 from the city’s cash drawer and replace it with a slip of paper “stating she had taken cash and would repay it later,” according to the complaint. Hatcher said she intended to donate $200 of her own money to the high school weightlifting team but didn’t have a chance to get to the bank, taking city money instead.
Florida – Florida Power & Light Operates an Exclusive, Invite-Only Lounge for Lawmakers and Lobbyists
MSN – Matt Dixon and Bruce Ritchie (Politico) | Published: 8/2/2022
Florida Power & Light operates an event space located on the third floor of the company’s Tallahassee offices. The exclusive lounge is used by company officials to host lobbyists and the lawmakers whose votes they need, according to sources. Revelations of the party space come as the utility is mired in scandals over its aggressive approach to lobbying and public advocacy. State Rep. Anna Eskamani said the energy company’s exclusive lounge raises concerns it is illicitly influencing lawmakers and violating the state’s gift ban and open meetings laws.
Florida – Intrigue Grows in Florida’s ‘Ghost’ Candidate Case as Prosecutors Seek More Info
Bradenton Herald – Ana Ceballos (Miami Herald) | Published: 7/30/2022
Prosecutors subpoenaed records related to a $600,000 money transfer between “dark money” organizations tied to an ongoing Miami-Dade County criminal case surrounding “ghost candidates” in the 2020 election. The transfer is adding a new layer of intrigue to a years-long question into who paid for thousands of political mail advertisements to promote sham no-party candidates in three contested Florida races that were key to helping solidify the Republican majority in the state Senate.
Florida – Judge Candidate Says Ivey Offered to Help Secure Appointment If She Dropped Out of Race
Yahoo News – Eric Rogers and Bobby Block (Florida Today) | Published: 8/3/2022
In the weeks since two Republican candidates said Brevard County Sheriff Wayne Ivey offered to securer them political jobs worth up to $50,000 a year if they left their races and backed his favored contenders, the election meddling controversy has widened. Now, another candidate has come forward, saying Ivey also tried to interfere in her race for county judge and offered to help secure her a spot as the county’s next state attorney if she agreed to drop out of the contest.
Georgia – Georgia Ethics Board Moves Forward Against Abrams-Linked Groups
MSN – Margaret Newkirk (Bloomberg) | Published: 8/1/2022
Georgia’s ethics commission will move ahead with a case against two groups founded by Democratic gubernatorial candidate Stacey Abrams, saying it was likely they violated campaign finance law by helping her first run for governor four years ago. The ruling paves the way for a final hearing and decision that could bring the biggest ethics fine in state history, just as the rematch between Abrams and Republican Governor Brian Kemp moves into its final three months.
Illinois – Ex-Speaker Michael Madigan’s Pension Payments Balloon as Judge Grants Defense Until Next Year to File Motions in Racketeering Case
MSN – Ray Long and Jason Meisner (Chicago Tribune) | Published: 8/3/2022
As a federal judge granted a lengthy extension for Michael Madigan’s racketeering case, the former Illinois House speaker’s state pension has risen to nearly $149,000 a year, a more than $63,000 increase since he retired last year. The windfall is the result of both Madigan’s 50-plus years in the House and an often-beneficial state pension formula for lawmakers that Madigan himself helped push through. It also comes as the former lawmaker continues to battle a federal bribery-related case that will likely not see any significant court action until next year.
Illinois – Federal Lawsuit Challenges New Limits on Contributions to Illinois Judicial Candidates
MSN – Dan Petrella (Chicago Tribune) | Published: 8/3/2022
A federal lawsuit challenges the restrictions on campaign contributions to judicial candidates in Illinois on First Amendment grounds. Democrats in the Legislature passed a bill last year that bars judicial candidates from receiving campaign money from out-of-state contributors and groups that do not disclose their donors. This year, lawmakers banned donations in excess of $500,000 per election cycle from a single source to independent expenditure committees set up to support or oppose judicial candidates.
Kansas – Kansans Resoundingly Reject Amendment Aimed at Restricting Abortion Rights
MSN – Annie Gowan and Colby Itkowitz (Washington Post) | Published: 8/2/2022
Kansas voters sent a resounding message about their desire to protect abortion rights, rejecting a ballot measure in a conservative state with deep ties to the anti-abortion movement that would have allowed the Republican-controlled Legislature to tighten restrictions or ban the procedure outright. The results bolster Democrats’ hopes that the historic U.S. Supreme Court ruling overturning Roe v. Wade will animate their voters in an otherwise difficult election year for their party. The vote signals abortion is an energizing issue that could affect turnout in the November midterms.
Kentucky – Louisville Candidates Got New Ethics Rules. Why Weren’t They Followed?
WDRB – Marcus Green | Published: 7/29/2022
Metro Council approved sweeping changes to Louisville’s ethics rules in March, broadening what must be reported by candidates for key offices and other top elected and appointed officials. Once the ordinance took effect March 8, it gave candidates in the May primaries until April 30 to file the new financial disclosures with the city’s ethics commission. But that did not happen. The ethics commission ultimately extended the filing deadline until after the primary, a decision that made the disclosures a non-factor for voters and campaigns alike.
Louisiana – Karen Carter Peterson Pleads Guilty to Wire Fraud. She Will Be Sentenced on Dec. 7
NOLA.com – Tyler Bridges and Gordon Russell | Published: 8/1/2022
Karen Carter Peterson pleaded guilty in federal court to defrauding campaign donors, putting an ignominious end to a political career that saw her serve 22 years in the state Legislature and chair the Louisiana Democratic Party for nearly a decade. Prosecutors said Peterson helped herself to about $147,357 in funds that did not belong to her, from both her re-election campaigns and money given to the party. Peterson spent a “substantial amount” of that money at casinos, both “before and after her gambling addiction diagnosis,” according to court documents.
Missouri – How a Trump Endorsement Scramble in Mo. Ended in Absurdity: Vote ‘ERIC’
MSN – Michael Scherer, Ashley Parker, and Josh Dawsey (Washington Post) | Published: 8/2/2022
With two words, Donald Trump launched a wild scramble that Republican leaders had hoped to avoid: “sometime today!” the former president wrote on Truth Social declaring his plans endorse in Missouri’s U.S. Senate primary. Trump had not yet decided which candidate to back when he published those words, according to interviews with numerous officials familiar with the chaos that ensued. So began an eight-hour deadline to win over Trump’s favor before primary day, a decision that in the mind of some Republicans could have undermined GOP hopes for taking control of the Senate this fall.
Missouri – St. Louis County Council Ethics Committee Wants Closer Look at Colleague’s Weed Work
St. Louis Post-Dispatch – Joe Holleman | Published: 7/30/2022
Not only did a St. Louis County Council committee vote to delve deeper into Councilperson Lisa Clancy’s ties to the marijuana industry, it also widened its scope to include several other larger players involved. The council’s ethics committee said it wants to continue researching whether Clancy violated conflict-of-interest rules in 2019. The specific issue being examined by the committee is that Clancy was paid about $4,500 by a law firm to work on marijuana license applications at the same time she was actively working to influence the county’s zoning ordinance regulating marijuana locations.
New Mexico – Former New Mexico Cannabis Director Joins Private Firm, Raising Ethics Debate
MSN – Carlos Segarra (KRQE) | Published: 8/2/2022
After spending less than a year developing and executing the state’s cannabis rules, New Mexico’s former Cannabis Control Division (CCD) director is joining a private cannabis firm. A consultant agency, Weeds, hired Kristen Thomson, leading some to debate the ethics of the move. Weeds also hired Bobbi Martinez, the former compliance manager for the CCD.
New York – Hochul Campaign Donor Lands Multi-Billion-Dollar State Contract
Albany Times Union – Chris Bragg | Published: 7/31/2022
The New York Department of Health is awarding a multi-billion-dollar transportation contract to a company owned by a significant campaign donor to Gov. Kathy Hochul, who was also the beneficiary of a campaign fundraiser the bidder hosted as the procurement process was nearing its conclusion. Records show Russ Maxwell spent $4,500 to pay for food, catering, and flowers for a Hochul fundraiser. He also gave Hochul an additional $10,000 that day, and his husband, Morgan McDole, gave $20,000. Maxwell donated $10,000 and McDole $20,000 to the state Democratic Party, which is closely aligned with Hochul’s campaign.
Ohio – Feds Ask Judge to Sanction Ex-Lobbyist Charged in House Bill 6 Case for Publishing Key Witness’s Personal Information Online
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 8/2/2022
Federal prosecutors are asking a judge to sanction an ex-lobbyist charged with bribery in the Ohio House Bill 6 corruption case for using his legal defense website to publish the personal information of a key witness in the government’s case. Assistant U.S. Attorney Matthew Singer said Matt Borges’s website, until he removed it, contained unredacted copies of the witness’s Social-Security card, tax forms, and driver’s license. Using the pseudonym “CHS-1” to refer to the witness, Tyler Fehrman, Singer said the incident was an intentional effort by Borges to intimidate and retaliate against Fehrman by exposing him to identity theft.
Ohio – Subpoenaed State Records Detail Former Top Regulator’s Work to Protect Nuclear Bailout
Cleveland Plain Dealer – Andrew Tobias | Published: 8/1/2022
Records the FBI requested last year detail the steps a former top state official took to try to save Ohio’s nuclear bailout law after it was threatened by a federal regulatory decision. The newly released records show how then-Public Utilities Commission of Ohio Chairperson Sam Randazzo traveled to meet executives with Energy Harbor, the owner of the two nuclear plants bailed out by House Bill 6. Randazzo helped set up the meeting hours after the Federal Energy Regulatory Commission issued a new rule meant to discourage states from subsidizing their electricity industry, as Ohio had done with House Bill 6.
Pennsylvania – Dr. Oz’s Dark History of Promoting Companies He Was Quietly Invested In
MSN – Sam Brody (Daily Beast) | Published: 8/1/2022
Dr. Mehmet Oz built a national brand on dispensing surprising, and surprisingly simple, remedies for widespread health concerns. In one emblematic case, viewers may have surmised that Oz’s video plugging the probiotic TruBiotics was, essentially, an ad. What they were not aware of, however, is Oz was a member of the board of directors of the brand’s parent company, PanTheryx. He holds a stake in the business worth as much as $1 million. Oz is the Republican nominee for a U.S. Senate seat in Pennsylvania.
Pennsylvania – Pa. Liquor Control Board Officials Got Dibs on Pappy Van Winkle, Other High-End Bourbon Lottery Leftovers
MSN – Jan Murphy (Pennlive.com) | Published: 8/2/2022
Thousands of Pennsylvanians try their luck at entering the Liquor Control Board’s limited-release lotteries with hopes of getting the chance to buy a bottle of high-end limited quantity wine or spirits. In 2019 and 2020, though, for Liquor Control Board member Michael Negra and four of the agency’s top-level employees, luck was not needed to claim their bottle or two. Negra and the employees were given the chance to buy some of the coveted bottles left over from lotteries before the public even knew there were still bottles up for grabs. A State Ethics Commission investigation found this sharing of confidential information did not violate the law.
Texas – Aide to Houston Mayor Resigns After Reportedly Pleading Guilty to Public Corruption
Houston Public Media – Adam Zuyanich and Haya Panjwani | Published: 8/3/2022
Houston Mayor Sylvester Turner said neither he nor anyone on his executive staff had prior knowledge of a federal public corruption case involving one of his top aides, who pleaded guilty recently and subsequently resigned. William-Paul Thomas, who has worked as the mayor’s liaison to the city council since before Turner was elected in 2015, admitted to participating in a conspiracy to accept a cash bribe, according to The Houston Chronicle.
Texas – Texas Ethics Commission Wants Funds for Tech Upgrades after Beto O’Rourke Crashes Servers
MSN – Allie Morris (Dallas Morning News) | Published: 8/2/2022
After Beto O’Rourke’s massive fundraising report overwhelmed state servers in July, the Texas Ethics Commission wants $750,000 to upgrade its aging technology ahead of the midterm elections. Without change, the system “will likely fail again” when the next round of campaign finance reports are due in October, commission leaders warned in a letter to the Legislative Budget Board. The issue is coming to a head as campaign finance reports grow ever more voluminous, the letter said, and the commission’s decade-old servers cannot keep up.
Wisconsin – Memo Shows Wis. GOP Lawyer Privately Opposed Decertifying Biden’s 2020 Win
MSN – Patrick Marley (Washington Post) | Published: 8/2/2022
Michael Gableman, a former state Supreme Court justice hired by Republican lawmakers to probe the 2020 election, said in March that Wisconsin should take a “hard look” at canceling Joe Biden’s victory and revoking the state’s 10 electoral college votes. The comment drew applause from a packed hearing room in the state Capitol and praise from former President Trump, whose allies have called for throwing out the results in Wisconsin and other battleground states even though constitutional scholars have scoffed at the notion as absurd. But a newly unearthed memo shows Gableman soon offered a far different analysis in private.
Wisconsin – Wisconsin DOJ Probes Voter Fraud Stunt as Election Officials Debate Absentee Rules
MSN – Patrick Marley (Washington Post) | Published: 7/29/2022
With a few clicks of a mouse, a conservative activist sent Wisconsin’s elections apparatus into disarray ahead of the August 9 primary. Harry Wait said he requested absentee ballots in the names of two high-profile politicians be sent to his own address to try to show voter fraud is easy to perform. The stunt showed one person and a computer or smartphone could jolt the state’s elections system and forced officials to weigh making changes to the state’s absentee voting procedures and whether doing so would make it harder to vote. It also drew the attention of law enforcement.
August 1, 2022 •
Monday’s LobbyComply News Roundup
Campaign Finance National: “Campaign Finance Watchdog Alleges WinRed Processed Billions in Political Contributions Without Disclosing Operating Expenses” by Taylor Giorno for OpenSecrets Florida: “Intrigue Grows in Florida’s ‘Ghost’ Candidate Case as Prosecutors Seek More Info” by Ana Ceballos (Miami Herald) […]
Campaign Finance
National: “Campaign Finance Watchdog Alleges WinRed Processed Billions in Political Contributions Without Disclosing Operating Expenses” by Taylor Giorno for OpenSecrets
Florida: “Intrigue Grows in Florida’s ‘Ghost’ Candidate Case as Prosecutors Seek More Info” by Ana Ceballos (Miami Herald) for Bradenton Herald
Elections
Wisconsin: “Wisconsin DOJ Probes Voter Fraud Stunt as Election Officials Debate Absentee Rules” by Patrick Marley (Washington Post) for MSN
Ethics
National: “Hot Mic Captured Gaetz Assuring Stone of Pardon, Discussing Mueller Redactions” by John Swaine and Dalton Bennett (Washington Post) for Anchorage Daily News
Kentucky: “Louisville Candidates Got New Ethics Rules. Why Weren’t They Followed?” by Marcus Green for WDRB
Missouri: “St. Louis County Council Ethics Committee Wants Closer Look at Colleague’s Weed Work” by Joe Holleman for St. Louis Post-Dispatch
Ohio: “Regulators Block Deposition of FirstEnergy’s Former Ethics Chief” by Jake Zuckerman for Ohio Capital Journal
Procurement
California: “Alameda County Sued by Anti-Affirmative Action Group Over Public Contracts Policy” by Joseph Geha (Bay Area News Group) for MSN
July 19, 2022 •
Tuesday’s LobbyComply News Roundup
Campaign Finance Arizona: “AZ Secretary of State Candidate’s Nonprofit Spending Raises Questions” by Mary Jo Pitzl (Arizona Republic) for Arizona Daily News California: “Ex-Compton Councilman Isaac Galvan, Dogged by Election-Rigging Scandal, Faces $240,000 Fine” by Gregory Yee (Los Angeles Times) […]
Campaign Finance
Arizona: “AZ Secretary of State Candidate’s Nonprofit Spending Raises Questions” by Mary Jo Pitzl (Arizona Republic) for Arizona Daily News
California: “Ex-Compton Councilman Isaac Galvan, Dogged by Election-Rigging Scandal, Faces $240,000 Fine” by Gregory Yee (Los Angeles Times) for Yahoo News
Missouri: “FEC Member Pans Decision Not to Investigate Groups That Helped Elect Greitens in 2016” by Jason Hancock for Missouri Independent
Texas: “AG Ken Paxton Declines to Sue Candidates, Officials Who Owe $700K in Unpaid Campaign Violation Fines” by Taylor Goldsmith (Houston Chronicle) for MSN
Elections
National: “Little-Known Lawyer Pitched Trump on Extreme Plans to Subvert Election” by Maggie Haberman and Luke Broadwater (New York Times) for Yahoo News
Ethics
Washington: “Armed Man Arrested Outside Home of Rep. Jayapal for Alleged Death Threat” by Amy Wang (Washington Post) for MSN
Lobbying
New York: “N.Y. Assemblyman Charles Fall’s Girlfriend Lobbied Him on Various Issues, Prompting Ethics Concerns” by Chris Sommerfeldt (New York Daily News) for MSN
Procurement
National: “Bipartisan Group Seeks to Limit Who Federal Agencies Can Contract With” by Eric Katz for Government Executive
May 20, 2022 •
News You Can Use Digest – May 20, 2022
National/Federal A Fringe Conspiracy Theory, Fostered Online, Is Refashioned by the GOP Hartford Courant – Nicholas Confessore and Karen Yourish (New York Times) | Published: 5/16/2022 At the extremes of American life, replacement theory – the notion that Western elites, sometimes […]
National/Federal
A Fringe Conspiracy Theory, Fostered Online, Is Refashioned by the GOP
Hartford Courant – Nicholas Confessore and Karen Yourish (New York Times) | Published: 5/16/2022
At the extremes of American life, replacement theory – the notion that Western elites, sometimes manipulated by Jews, want to “replace” and disempower white Americans – has become an engine of racist terror, helping inspire a wave of mass shootings in recent years. But replacement theory, once confined to Reddit message boards and semi-obscure white nationalist sites, has gone mainstream. In sometimes more muted forms, the fear it crystallizes of a future America in which white people are no longer the numerical majority has become a potent force in conservative media and politics, where the theory has been borrowed and remixed to attract audiences, retweets, and small-dollar donations.
Feds Dismiss Campaign Finance Complaint Against Colorado Rep. Lauren Boebert
Colorado Public Radio – Caitlyn Kim | Published: 5/16/2022
The FEC dismissed a complaint against U.S. Rep. Lauren Boebert over her 2020 mileage reimbursement after the commissioners deadlocked on whether to investigate further. While the FEC’s Office of General Counsel did not find any evidence that Boebert converted campaign funds to personal use, as the complaint had alleged, it did note the “round figure of 32,000 miles driven for campaign-related purposes suggests that the assessment is a general estimate rather than one found on the kind of contemporaneous log contemplated in the Commission’s regulations.”
How Facebook Funded a Clandestine War Against Regulation
MSN – Cat Zakrzewski and Elizabeth Dwoskin (Washington Post) | Published: 5/17/2022
Backed by millions of dollars from Facebook-parent company Meta, the political advocacy group American Edge has launched a campaign to combat antitrust legislation in Washington, placing op-eds in regional newspapers throughout the country, commissioning studies, and collaborating with an array of partners, including minority business associations, conservative think tanks, and former national security officials. It is a playbook more common to other industries, but tech companies, under heightened scrutiny from federal regulators, are seizing on these methods.
How the Biden Administration Let Right-Wing Attacks Derail Its Disinformation Efforts
Yahoo News – Taylor Lorenz (Washington Post) | Published: 5/18/2022
On April 27, the Department of Homeland Security announced the creation of the first Disinformation Governance Board with the stated goal to “coordinate countering misinformation related to homeland security.” The Biden administration tapped Nina Jankowicz, a well-known figure in the field of fighting disinformation and extremism, as executive director. Within hours of her appointment, Jankowicz was thrust into the spotlight by the forces she dedicated her career to combating. She became a primary target on the right-wing Internet, subject to a barrage of harassment and abuse while unchecked misrepresentations of her work continue to go viral.
Jan. 6 Panel Subpoenas 5 House Republicans, Including Minority Leader
MSN – Felicia Sonmez, Jacqueline Alemany, Leigh Ann Caldwell, and Mariana Sotomayor (Washington Post) | Published: 5/12/2022
The U.S. House committee investigating the attack on the Capitol by a pro-Trump mob on announced it subpoenaed five Republican members of Congress, including House Minority Leader Kevin McCarthy, after they refused to cooperate with the panel’s inquiry. The move marks a significant escalation in the committee’s efforts to obtain information related to lawmakers’ communications with former President Trump and White House Chief of Staff Mark Meadows before, during, and after the attack.
Supreme Court Agrees with Cruz, Strikes Campaign Contribution Limit
MSN – Robert Barnes (Washington Post) | Published: 5/16/2022
The U.S. Supreme Court ruled a $250,000 cap on the amount of money that candidates can be reimbursed after an election for personal loans to their own campaigns unjustifiably burdened political expression. It was the latest decision to knock out a part of the Bipartisan Campaign Reform Act and reemphasized the court’s view that many restrictions on campaign finance are unconstitutional violations of the First Amendment’s protection of speech. Justice Elena Kagan said the court was effectively abetting corruption by allowing donors to contribute to a campaign after an election in a way that benefits the candidate personally.
The Little Red Boxes Making a Mockery of Campaign Finance Laws
Yahoo News – Shane Goldmacher (New York Times) | Published: 5/16/2022
Democratic candidates nationwide are pioneering new frontiers in soliciting and directing money from friendly super PACs financed by multimillionaires, billionaires, and special-interest groups. Campaign watchdogs complain the practice further blurs the lines meant to keep wealthy interests from influencing people running for office, effectively evading the strict donation limits imposed on federal candidates. The practice is both brazen and simple. To work around the prohibition on directly coordinating with super PACs, candidates are posting their instructions to them inside the red boxes on public pages that super PACs continuously monitor.
U.S. Sues to Compel Casino Mogul Steve Wynn to Register as Agent of China
MSN – Isaac Stanley-Becker and Spencer Hsu (Washington Post) | Published: 5/17/2022
The U.S. Justice Department sued Las Vegas casino mogul Steve Wynn to compel him to register as a foreign agent because of lobbying work it says he performed for the Chinese government during the Trump administration. The department said it had advised Wynn repeatedly over the last four years to register under the Foreign Agents Registration Act and is suing now because Wynn refused to do so. Though the Justice Department has ramped up efforts to criminally prosecute people who do not register as foreign agents, officials described this case as the first lawsuit of its kind in more than three decades.
Victories by Mastriano, Budd Show Potency of Trump’s False Stolen Election Claims in GOP
MSN – Annie Linskey and David Weigel (Washington Post) | Published: 5/17/2022
Republican candidates who sought to overturn the 2020 election won statewide primaries in Pennsylvania and North Carolina, reflecting the lingering influence in the GOP of former President Trump’s false claims the vote was rigged against him. Their primary victories came on a day when the effect of Trump and his far-right movement on the midterm elections faced its biggest test to date. Incomplete results showed Trump’s influence over the movement he started was uneven, winning some but not all the races where he backed a candidate.
From the States and Municipalities
Arizona – Arizona Senate to Investigate Wendy Rogers Over Social Media Post on Buffalo Shooting
Yahoo News – Ray Stern (Arizona Republic) | Published: 5/16/2022
The Arizona Senate Ethics Committee will investigate a social media post from state Sen. Wendy Rogers that suggested the shooter in a mass killing in Buffalo was a federal agent and part of a conspiracy by the federal government. The committee said it will examine Rogers’ remarks “relating to the Buffalo shooting as inappropriate of an elected official with this body.” An effort to expel Rogers pushed by Democrats failed.
California – Judge Halts Angel Stadium Sale for FBI Corruption Probe of Anaheim Mayor
KABC – City News Service | Published: 5/17/2022
The city of Anaheim’s planned sale of Angel Stadium to team owner Arte Moreno’s company was halted for at least two months by an Orange County Superior Court judge, who agreed to a request by the state to pause the deal amid a federal corruption probe of Mayor Harry Sidhu. The state attorney general’s office filed the petition requesting a halt to the sale, pointing to the federal investigation that involves, in part, allegations Sidhu was trying to leverage the deal to secure campaign contributions from the Los Angeles Angels.
Colorado – Some Colorado Lobbyists Work for Both Sides at the Same Time
KUSA – Zack Newman | Published: 5/16/2022
At least 15 lobbyists and firms in Colorado have had clients on opposite of a bill at the same time in 2021 and 2022. State law requires lobbyists to tell clients about any conflicts-of-interest and bars them from engaging in “any other practice that discredits the practice of lobbying or the general assembly.” Mike Beasley, who runs 5280 Strategies, said it is “really important” to avoid conflicts-of-interest and there are practices in place to prevent them. He said his contract requires him to flag possible conflicts as far in advance as possible.
Delaware – State Auditor Loses Bid to Have Procurement Charge Dropped
MSN – Randall Chase (Associated Press) | Published: 5/17/2022
A judge refused to dismiss a criminal charge accusing Delaware’s embattled state auditor of deliberately breaking up payments for a contract she entered into with a former campaign consultant in order to avoid compliance with state procurement law. Kathleen McGuiness, who is responsible for rooting out government fraud, waste, and abuse, was indicted on felony counts of theft and witness intimidation, and misdemeanor charges of official misconduct, conflict-of-interest, and noncompliance with procurement laws. McGuiness has denied any wrongdoing.
Florida – Florida Bans Protests Outside Homes
MSN – Lindsay Bever (Washington Post) | Published: 5/17/2022
Florida Gov. Ron DeSantis signed a bill to outlaw protests outside private residences, a move opponents say violates First Amendment rights. The new law will make it a misdemeanor to picket or protest outside a person’s house to “harass or disturb” that person. Violators will receive a warning, and those who do not stop may be arrested for unlawful residential picketing, a crime punishable by up to 60 days in jail and a $500 fine. Republicans and Democrats have been debating the legality of protesting outside the private residences of U.S. Supreme Court justices, and the White House has said such protests are fine when they are peaceful.
Florida – Florida Judge Blocks DeSantis’ Congressional Redistricting Effort
MSN – Gary Fineout (Politico) | Published: 5/11/2022
Florida Gov. Ron DeSantis’ bid to remake the state’s congressional map was dealt a setback on after a state judge said he would block the plan because of the way it scattered Black voters among several districts. DeSantis personally pushed the GOP-led Legislature to approve the map, which boosts the number of Republican-held seats in the state. The map also dismantles the district held by U.S. Rep. Al Lawson, a Black Democrat. The map is facing a legal challenge by a coalition that argues it violates the state’s Fair Districts standards – voter-approved anti-gerrymandering amendments in the Florida Constitution.
Florida – Miami Heat Mayor Suarez’s Office Is Mum on Prime Courtside Seat at the Heat’s Playoff Game
MSN – Ben Carnack (Miami Herald) | Published: 5/18/2022
At a recent Miami Heat playoff game, Miami Mayor Francis Suarez was seated courtside. The county ethics code mandates that gifts exceeding $100 must be reported in quarterly financial disclosures. Former Mayor Tomás Regalado, who faced an ethics probe that dealt, in part, with Miami Heat tickets, said it is inappropriate for the current mayor to sit courtside at a playoff game, whether the ticket was gifted to Suarez or he purchased it himself.
Florida – Mystery Group Behind Ads in ’20 Central Florida Primary Must Reveal Donors, Judge Rules
The Black Chronicle – Annie Martin (Orlando Sentinel) | Published: 5/12/2022
A group that sent attack ads in a state Senate primary in Florida without disclosing its donors, must reveal its contributors and make its chairperson available for a deposition, a judge ruled. Though political committees are required to list their contributions publicly, Floridians for Equality and Justice listed just one donation, a $249,925 “starting balance” from a “dark money” nonprofit organization of the same name. Miami-Dade Circuit Court Judge Jose Rodriguez said that records that state Sen. Annette Taddeo seeks, including bank records, exist and are in the committee’s possession.
Georgia – Georgia County Under Scrutiny After Claim of Post-Election Breach
MSN – Emma Brown and Amy Gardner (Washington Post) | Published: 5/13/2022
A former elections supervisor in rural Coffee County, Georgia, told The Washington Post she opened her offices to a businessperson active in the election-denier movement to help investigate results she did not trust in the weeks after former President Trump’s 2020 defeat. Trump carried the conservative county by 40 points, but elections supervisor Misty Hampton said she remained suspicious of Joe Biden’s win in Georgia. Hampton made a video that went viral soon after the election, claiming to show Dominion Voting System machines, the ones used in her county, could be manipulated.
Georgia – Georgia’s Oxendine to Hand Over $128,000 to End Ethics Saga
WABE – Associated Press | Published: 5/12/2022
The Georgia Government Transparency and Campaign Finance Commission agreed to drop its campaign finance case against former state Insurance Commissioner John Oxendine, who will hand over the $128,000 remaining in his campaign fund and admit no wrongdoing. The deal ends a years-long struggle over whether Oxendine broke state law by using campaign funds to buy a house, lease luxury cars, and join a private club. Some members of commission expressed frustration that Oxendine did not admit fault in the consent order.
Georgia – Lieutenant Governor Candidate Jones Hasn’t Disclosed Flights
MSN – Associated Press | Published: 5/16/2022
A Republican candidate for lieutenant governor in Georgia acknowledged he has been flying to campaign events on his family’s private plane without disclosing any donations or expenses related to the flights in campaign finance filings. A campaign spokesperson for state Sen. Burt Jones said the candidate planned to pay one lump sum after the May 24 primary for all flights taken. But state campaign finance law says candidates “must disclose (expenses made) on the campaign contribution disclosure report due for the reporting period in which the flight occurred.”
Illinois – Three-Peat: Chicago ranks no. 1 in Corruption, report finds
WTTW – Heather Cherone | Published: 5/11/2022
For the third year in a row, Chicago is America’s most corrupt city, and Illinois is the third-most corrupt state, according to an annual report from the University of Illinois at Chicago. The report is based on an analysis of the public corruption statistics published by the U.S. Department of Justice. Despite the COVID-19 pandemic that nearly shut down state and federal courts, 2020 was one of the most “significant” twelve months in the “startling saga of political and public corruption in Chicago and Illinois,” said the author of the report, Dick Simpson, a former Chicago City Council member.
Iowa – Iowa Attorney General Tom Miller to Return Illegal $50,000 PAC Campaign Contribution
MSN – Katie Akin (Des Moines Register) | Published: 5/18/2022
Iowa Attorney General Tom Miller will return an illegal $50,000 campaign contribution from the Democratic Attorneys General Association. Iowa law prohibits statewide candidates from accepting donations from PACs until the regular legislative session ends and lawmakers had not adjourned when Miller accepted the donation on May 13.
Kansas – Wichita Ethics Board Members, Candidates Could Be Disqualified Under ‘Goofy’ Policy
MSN – Chance Swaim (Wichita Eagle) | Published: 5/17/2022
Quirks in Wichita’s ethics policy threaten to further delay a board that has been dormant for more than a year, stalling any investigations of potential misconduct by city officials. One empty board seat, the ethics officer position, stands between the passage and enforcement of the city’s ethics rules. But the three finalists for the position have either dropped out of the race or face disqualification. A prohibition on “active members” of political parties and nonpartisan political organizations disqualifies two of the three finalists, one of whom already dropped out of the race. The other finalist moved out of town and is no longer interested in the position.
Maryland – Baltimore Council President Nick Mosby Violated Ethics Law by Accepting Money from City Contractors Via Legal Defense Fund, Board Rules
MSN – Emily Opilo (Baltimore Sun) | Published: 5/12/2022
Baltimore City Council President Nick Mosby violated the city’s ethics ordinance by accepting money from persons doing business with the city through his legal defense fund. The ruling by the city’s Board of Ethics does not name the donors but both are considered “controlled donors” under the law, which bars elected officials from receiving contributions from such donors, solicited or otherwise. The board also concluded Mosby violated a provision of the law barring him from soliciting donations, directly or indirectly, from controlled donors.
Michigan – Feds Charge Ex-Romulus Mayor with Wire Fraud in Corruption Crackdown
Detroit News – Robert Snell | Published: 5/13/2022
Federal prosecutors charged the former mayor of Romulus with wire fraud for spending more than $15,000 in campaign funds on personal expenses. LeRoy Burcroff is the latest current or former public official charged during a more than decade-long federal assault on corruption within municipal government and organized labor around Metro Detroit. That crackdown has led to charges against more than 110 people and the convictions of the two past presidents of the United Auto Workers, former Detroit Mayor Kwame Kilpatrick, and 23 contractors and public officials in Macomb County.
Montana – State Won’t Appeal Ruling Striking Down Parts of New Law
Helena Independent Record – Seaborn Lawson | Published: 5/18/2022
The Montana attorney general’s office will not appeal a District Court ruling that found state lawmakers went to unconstitutional lengths to pass new campaigning laws. Judge Mike Menahan ruled lawmakers had added sections unrelated to the original intent of Senate Bill 319 in a late-session meeting without public participation, in violation of the Montana Constitution.
New York – Adams’ Top Aide Navigates Uncharted Path on New York Ethics Issues
Yahoo News – Sally Goldenberg and Joe Anuta (Politico) | Published: 5/17/2022
Attorney Frank Carone of the firm Abrams Fensterman is chief of staff to New York City Mayor Eric Adams. A recent public disclosure shows the firm has been actively lobbying the new mayoral administration. Carone faces numerous conflicts-of-interest as he undertakes an expansive role in City Hall. An analysis of the firm’s clients from last year found more than 40 whose financial interests are intertwined with municipal government. Abrams Fensterman’s network of clients sets up a situation with little recent precedent in New York.
New York – Corporate Campaign Donors Identify Themselves Thanks to New York Focus Nudge
New York Focus – Sam Mellins | Published: 5/12/2022
In the wake of reporting into the state Board of Election’s failure to act on possible violations of a campaign finance law meant to limit “dark money” in New York elections, the agency began enforcement in March. That yielded rapid results, recent figures show: compliance with the law’s disclosure requirements has increased more than threefold since the board acted. The law required limited liability companies (LLCs) that make political donations to submit a form listing their owners and how much of the company each one owns. But majority of donors who gave via LLCs were not aware of or simply ignored this requirement.
New York – Court Expert Draws More GOP-Friendly New York Political Maps
MSN – Michelle Price (Associated Press) | Published: 5/16/2022
A court-appointed expert released a draft of new congressional maps for New York state that are more favorable to Republicans than the original gerrymandered political maps drawn by Democrats. A New York court will take comment on the maps for two days before a final version is approved by a judge on May 20, with primary elections for congressional races and the state Senate now being held August 23. Adding to the redistricting tangle, the state’s Assembly and gubernatorial primaries are still scheduled for June 28.
Ohio – Cincinnati Launches New Office of Ethics and Good Government to Rebuild ‘Public Trust’
Spectrum News – Casey Weldon | Published: 5/14/2022
Cincinnati endured one of its most difficult periods two years ago as it watched one-third of city council arrested on federal corruption charges. Federal prosecutors accused City Hall of having a “culture of corruption.” The city has worked to help reshape that image, and one way is through the creation of the Office of Ethics and Good Government. Its job is to educate elected officials and city staff on ethics-related issues, ranging from conflicts-of-interest to campaign contributions. It also investigates suspected cases of impropriety submitted through a new hotline.
Ohio – Lawmaker Proposed $300M Handout to Nursing Homes; Then Raised $52,000 from their Liaisons
Yahoo News – Jake Zuckerman (Ohio Capital Journal) | Published: 5/12/2022
An Ohio lawmaker last year proposed allocating $300 million of federal COVID-19 relief funds, divvied up among the state’s nursing homes with no strings attached. Ten days later, Rep. Sara Carruthers received a $13,200 campaign contribution from the chief executive of a chain of 59 nursing homes, $13,200 from his business partner, and another $13,200 from the chief executive’s wife. Two weeks later, a lobbyist for an association of nursing homes that backed the bill gave her another $13,200. The four contributions together comprise nearly half of all Carruthers’ campaign fundraising in 2021.
Ohio – Leader of Columbus Green-Energy Ballot Measure Guilty of Falsifying Campaign Finance Report
Yahoo News – Bill Bush and Jordan Laird (Columbus Dispatch) | Published: 5/16/2022
The man who led the failed ProEnergy Issue 7 ballot initiative last November, which Columbus leaders called a blatant effort to grab taxpayer funds, was found guilty of filing a false campaign finance record in connection with the petition drive for a similar 2019 initiative. John Clark Jr. led the petition drive to get an initiative put on the ballot that, if it had passed, would have diverted more than $50 million of city money toward vague green-energy initiatives proposed by a group that would have been in sole control of the funds.
Ohio – Medicaid Director Owned Stock in Companies She Awarded Huge Contracts
Ohio Capital Journal – Marty Schladen | Published: 5/17/2022
Ohio Medicaid Director Maureen Corcoran’s ethics filings show she continued to own stock in three health care companies in 2021, the same year she negotiated and signed billion-dollar contracts with their subsidiaries. State ethics rules only require that officials such as Corcoran list all the stocks they own at least $1,000 worth of in a given year. So, it is impossible to know how heavily invested she is in those companies. Corcoran declined to file an affidavit disclosing her exact holdings in companies whose subsidiaries she was awarding contracts and she has refused to make those disclosures voluntarily.
Oregon – Rich Donors Take Major Advantage of a Loophole in Portland’s Public Campaign Financing System
OPB – Rebecca Ellis | Published: 5/12/2022
Portland’s public campaign finance program aims to reduce the influence of big money in city politics by limiting the contributions that participating candidates can accept. In return for capping donations at $250, candidates get their small donations matched nine-fold by the city. But the ability of wealthy donors to give unlimited amounts to PACs that support candidates is, this year’s election shows, a fundamental loophole in the city’s efforts to curb campaign spending and, in the process, broaden who can run for office.
South Dakota – South Dakota Report: Noem’s daughter got special treatment
MSN – Stephen Groves (Associated Press) | Published: 5/18/2022
State lawmakers unanimously approved a report finding South Dakota Gov. Kristi Noem’s daughter got preferential treatment while she was applying for a real estate appraiser’s license in 2020. Noem has denied wrongdoing, despite holding a meeting that included her daughter, Kassidy Peters, and key decision-makers from the agency that was evaluating her application just days after the agency moved to deny her the license. After the meeting, Peters received another opportunity to demonstrate she could meet federal standards and was ultimately awarded the license.
Tennessee – Registry of Election Finance Declines to Investigate Rep. Sherrell’s Fire-Hall Checks
Tennessee Lookout – Sam Stockard | Published: 5/19/2022
The Tennessee Registry of Election Finance claimed it had been “weaponized” in a state House District race and refused to investigate a complaint that Rep. Paul Sherrell wrote checks to volunteer fire halls and asked for cash back. “What we’re being asked here is to assume that Mr. Sherrell is a crook, bottom line. We’re to assume he is conducting illegal activity …,” board member Tom Lawless said, because Sherrell bought ham breakfasts for firefighters. Nevertheless, the Bureau of Ethics and Campaign Finance urged Sherrell to make contributions differently in the future and to document all donations.
Texas – AG Ken Paxton Refuses to Disclose His Property Addresses to the Texas Ethics Commission
MSN – Jay Root and Taylor Goldenstein (Houston Chronicle) | Published: 5/18/2022
The state police made him do it. That is the excuse Texas Attorney General Ken Paxton gives on his ethics disclosures in place of revealing, as required by law, the addresses of properties he owns in Austin and College Station. “Redacted for security purposes on request of TX DPS,” Paxton has written on every form since he began work as attorney general. But nothing in the law allows him to refuse to provide the addresses, and none of the parties involved could produce any records proving such a request was ever made.
Washington – Inside the Washington Legislative Workers’ Union Push and Building Frustration with Democratic Leadership
Seattle Times – Joseph O’Sullivan | Published: 5/17/2022
Washington lawmakers passed a bill aimed at setting up a process to allow at least some legislative workers to unionize. The legislation also lifts the state’s prohibition on collective bargaining for legislative workers beginning in 2024. House Bill 2124 creates the Office of State Legislative Labor Relations to research and make recommendations to lawmakers about how staffers might unionize, and which workers might be part of that group. Lawmakers and others acknowledge they will likely need to pass another bill next year before collective bargaining begins.
Washington DC – Judges Accused of Sex Discrimination, Bullying, Internal Survey Shows
MSN – Ann Marimow (Washington Post) | Published: 5/16/2022
Complaints in a workplace survey conducted for the federal trial and appeals courts in the nation’s capital, an institution regarded as a steppingstone to the U.S. Supreme Court detail instances of gender discrimination, bullying, and racial insensitivity, while underscoring the power imbalance between judges with life tenure and the assistants who depend on them for career advancement. Current and former employees who acknowledged having witnessed misconduct described their reluctance to file complaints against their superiors. They cited fears of retaliation and distrust that the federal judiciary’s system for workplace accountability, which tasks judges with policing one another, ultimately would resolve their concerns.
Washington DC – Trump Sells D.C. Hotel Lease to Miami Investment Group
MSN – Jonathan O’Connell (Washington Post) | Published: 5/11/2022
The Trump Organization completed the sale of its District of Columbia hotel lease on Pennsylvania Avenue to CGI Merchant Group and its partner Hilton Worldwide Holdings, which will operate the hotel as a Waldorf Astoria property. Calls for the lease to be revoked or for Trump to divest himself of his real estate assets grew louder after he entered office and foreign leaders, corporations, and Republican politicians booked rooms and parties at the hotel as part of their efforts to curry favor with Trump.
West Virginia – ‘Everyone Was Shocked’: How WV’s ethics laws allowed someone barred from lobbying to try to influence legislators anyway
Mountain State Spotlight – Ian Karbal | Published: 5/16/2022
The West Virginia Ethics Act bars certain public officials from lobbying for at least a year after they leave office. But as Evan Jenkins’ rapid flip from state Supreme Court justice to timber company attorney highlighted, the law leaves plenty of wiggle room. He was able to speak directly to lawmakers, as well as propose specific language to legislation, all within weeks of holding a powerful position in government.
Wisconsin – Wis. Democrats File First-of-Its-Kind Suit vs. Fake Trump Electors
MSN – Rosalind Helderman (Washington Post) | Published: 5/17/2022
Three Democratic voters in Wisconsin, including two who served as electors for President Biden in 2020, filed suit against 10 supporters of Donald Trump in the state, arguing the group engaged in a civil conspiracy to violate state and federal law when they declared themselves presidential electors in 2020 even though Biden won the state’s popular vote. Wisconsin was one of five states won by Biden where Republican electors gathered December 14, 2020, and declared themselves “duly elected and qualified” – then sent signed certificates to Washington purporting to affirm Trump as the actual victor of their states.
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