West Virginia lawmakers completed their third special session after approving redistricting plans.

In addition to approving new House and Senate districts, the Legislature passed a bill to require employers to allow religious and health exemptions to COVID-19 vaccine requirements.

The Legislature also approved the creation of the Broadband Development Fund.

Gov. Kay Ivey announced a second special session of the Alabama Legislature to convene on October 28.

The purpose of the special session is to undertake the decennial redistricting process.

National/Federal

Activists Try to Keep Up Pressure to Pass Elections and Voting Bills
MSN – Kate Ackley (Roll Call) | Published: 10/13/2021

Groups pushing for voting rights and elections legislation in the U.S. Senate are planning a sustained campaign over the coming weeks, aiming to put the issue top of mind for Democrats, even as other matters have dominated in the chamber. A broad coalition of liberal organizations will organize regular demonstrations outside the White House, other rallies, and a multimodal relay from West Virginia to the U.S. Capitol. The effort is part of a push to keep the measures high on the agenda as negotiations over a reconciliation package, an infrastructure bill, and raising the nation’s debt limit have taken center stage.

Big Tech Sweeps Up Hill Staffers – Just When Congress Needs Them the Most
MSN – Emily Birnbaum and John Hendel (Politico) | Published: 10/12/2021

Silicon Valley and the telecommunications industry are snatching up some of the top Democratic policy experts on Capitol Hill just as Congress gears up for fights with the companies. The brain drain has seen more than a dozen senior Democratic tech and telecom policy staffers leaving their posts this year, with many taking lobbying roles at powerhouses including Facebook, Verizon, and Apple. They are leaving members’ personal offices as well as the Senate and House committees that oversee agencies like the Federal Trade Commission, along with topics like broadband, online speech, and data privacy.

‘Cannot Wait for Washington:’ How voting rights activists are navigating new restrictions ahead of November elections
WRAL – Fredrika Schouten, Dianne Gallagher, and Wesley Bruer (CNN) | Published: 10/11/2021

In states from Georgia to Montana, activists are scrambling to help voters navigate the new restrictions passed largely in Republican-controlled states after record turnout in 2020 helped elect Joe Biden and flipped control of the U.S. Senate to Democrats. Nineteen states have passed 33 new laws this year to restrict voting. But some of the most extensive changes are clustered in just a handful. Four states – Iowa, Georgia, Florida, and Texas – enacted sweeping revisions of their existing laws, bundled together in single omnibus bills.

Dozens of States Have Tried to End Qualified Immunity. Police Officers and Unions Helped Beat Nearly Every Bill.
MSN – Kimberly Kindy (Washington Post) | Published: 10/7/2021

In the months after George Floyd’s murder, state legislators across the country tried to undo a legal doctrine that makes it virtually impossible to sue police officers for violating a person’s civil rights. But then, in state after state, the bills withered, were withdrawn, or were altered beyond recognition. At least 35 state “qualified-immunity” bills have died in the past 18 months. The efforts failed amid multifaceted lobbying campaigns by police officers and their unions targeting lawmakers.

Giuliani Associates Face Trial in Campaign Finance Scheme
Yahoo News – Tom Hays and Larry Neumeister (Associated Press) | Published: 10/11/2021

Lev Parnas, a Soviet-born businessperson, and a co-defendant, Ukraine-born investor Andrey Kukushkin, are accused of making illegal campaign contributions to American politicians to further their business interests. Igor Fruman, who has pleaded guilty in the case, and Parnas initially caught the attention of investigators after making big donations through a corporate entity to Republican political committees, including a $325,000 donation in 2018 to America First Action, a super PAC supporting Donald Trump. The pair then became middlemen in Rudolph Giuliani’s effort to discredit then-candidate Joe Biden.

‘Scam’ Political Groups Try New Trick – and Rake in Millions
Daily Beast – Roger Sollenberger | Published: 10/11/2021

A network of shady political groups at the center of a new class action lawsuit for bilking donors out of tens of millions of dollars appears to be attempting a legal work-around to continue pulling in the money and evading government scrutiny. The 17 groups in the network bear the tell-tale signs of “scam PACs,” entities which present themselves to donors as nonprofit charities but register as political groups with the government. The loophole allows the groups to operate in a gray zone outside the reach of the different federal agencies that regulate nonprofits and political organizations.

The Imminent Impact of Redistricting: Sharper partisan elbows, less compromise by both sides in the House
MSN – Colby Itkowitz (Washington Post) | Published: 10/9/2021

Redistricting is getting started around the country, but the first maps released suggest a coming decade of even more deeply entrenched partisanship for Congress. Most House lawmakers already represent solidly partisan constituencies. Every two years, party control is determined by the outcome of only a few dozen seats. Next year, Republicans need to flip only a handful of seats to wrest power away from Democrats. Of the country’s 435 congressional districts, Donald Trump or President Biden won just 50 of them by five or less percentage points. Those swing districts could be reduced by at least a third after redistricting, experts estimate.

Trump Hotel Lost $70M Despite Millions in Foreign Business
Yahoo News – Bernard Condon (Associated Press) | Published: 10/8/2021

Despite the Republican-paid political events and bar tabs from lobbyists, foreign dignitaries, and other supporters of Donald Trump, the Trump International Hotel in Washington, D.C. lost an estimated $74 million between 2016 and 2020. The tally came from Trump’s own auditors, showing losses that generally increased through his tenure in the White House. The new account of revenues and losses at the hotel was released as House Democrats push the Biden administration to turn over additional documents to determine if Trump broke federal rules by continuing to operate the hotel through his family while serving as president.

White Tiger and Cheetah Furs: A mess of Trump gift exchanges
MSN – Michael Schmidt (New York Times) | Published: 10/11/2021

Gift exchanges between the U.S. and foreign leaders, a highly regulated process intended to shield administrations from questions of impropriety, devolved into sometimes absurd shambles during the Trump administration. Former President Trump’s handling of foreign gifts is not at the top of his critics’ list of his offenses, and there is no evidence he or Melania Trump took any gifts to which they were not entitled. But ethics experts said the problems reflected larger issues with the Trump presidency.

From the States and Municipalities

Alaska – Alaska Campaign Regulator Confirms $38,500 Fine Against Bronson Campaign
Anchorage Daily News – James Brooks | Published: 10/11/2021

The Alaska Public Offices Commission (APOC) confirmed a $38,500 fine against Anchorage Mayor Dave Bronson’s election campaign for filing inaccurate campaign expenditure reports during a runoff election. According to APOC’s final order, the fine could have been higher, but commissioners declined to fine Bronson for failing to promptly return donations that were larger than the maximum allowed by law. That is because a three-judge panel on the U.S. Ninth Circuit Court of Appeals ruled many of the state’s maximum donation limits were unconstitutional.

Arizona – Lawmaker Takes Aim at Corp Comm Policy on Campaign Contributions by Utilities
Arizona Mirror – Jeremy Duda | Published: 10/11/2021

Attorneys for the Arizona Legislature believe a Corporation Commission policy intended to restrict campaign contributions by regulated utilities violates the state constitution, and the lawmaker who requested that opinion is hoping it will persuade the commission to change course for next year’s election. Commissioners cannot knowingly take contributions from regulated public service corporations, their lobbyists, employees, or officers, nor can they accept money from any intervenor in a case that is before the commission. The commission’s intention in passing the rule was to require commissioners to recuse themselves if they have taken money from people involved in cases they are hearing.

California – Former Officials Nuñez, Boxer and Villaraigosa Lead Exodus from Powerful Lobbying Firm
MSN – Seema Mehta and Melanie Mason (Los Angeles Times) | Published: 10/6/2021

Former prominent elected officials Fabian Nuñez, Barbara Boxer, and Antonio Villaraigosa led the mass resignations from one of California’s most powerful lobbying firms, Mercury Public Affairs. The departures are largely prompted by financial disputes. Nuñez filed a lawsuit that alleges Mercury’s parent company failed to live up to an agreement that would allow the group to grow its business around the world. Nuñez excoriates the company’s handling of a foreign nonprofit tied to former Trump campaign manager Paul Manafort that exposed Mercury to liability and public denouncement.

California – Gavin Newsom Signs Law Giving Journalists Unrestricted Access to Protests Closed by Police
MSN – Andrew Sheeler (Sacramento Bee) | Published: 10/9/2021

Police must allow journalists access to closed-off demonstrations and protests under a new law signed by California Gov. Gavin Newsom. The law requires that journalists be given unfettered access to closed-off protests, and prohibits law enforcement officers from assaulting, interfering, or obstructing journalists from covering such events. Sen. Mike McGuire argued while California law permitted journalists access to closed areas during emergencies and natural disasters, those protections did not extend to covering demonstrations, marches, protests, and rallies.

California – L.A. Councilman Mark Ridley-Thomas and Ex-USC Dean Indicted on Bribery Charges
MSN – Michael Finnegan, Matt Hamilton, and Harriet Ryan (Los Angeles Times) | Published: 10/13/2021

Los Angeles City Councilperson Mark Ridley-Thomas was indicted on federal charges for his role in an alleged bribery scheme that landed his son a professorship at the University of Southern California (USC). Prosecutors allege Ridley-Thomas helped direct funding and contracts to USC’s School of Social work while serving on the Los Angeles County Board of Supervisors. In exchange, his son, a former state lawmaker, was guaranteed graduate school admission and a paid teaching position by the school’s then-dean, Marilyn Louise Flynn.

Colorado – Colorado Secretary of State to Pursue Redistricting Lobbying Complaint Against GOP in Court
Denver Gazette – Evan Wyloge | Published: 10/13/2021

An effort to influence Colorado’s new independent redistricting process will end up being scrutinized by an administrative law judge after Secretary of State Jena Griswold announced her office intends to pursue claims of lobbying disclosure violations. Griswold said her office found reason to believe two Republican operatives working for a group called Colorado Neighborhood Coalition, former Colorado House Speaker Frank McNulty and former state lawmaker Greg Brophy, failed to properly register as redistricting lobbyists.

Delaware – Delaware State Auditor Kathy McGuiness Indicted on Two Felony Charges
MSN – Xerxes Wilson and Sarah Gamard (Delaware News Journal) | Published: 10/11/2021

Delaware Auditor Kathy McGuiness was indicted on criminal charges that she hired and supervised her daughter in a do-nothing state job, circumvented state contracting laws to divert taxpayer money to a political campaign group, and spied on and discriminated against employees who questioned her conduct. McGuiness faces two felony charges and several misdemeanors in the indictment, which appears to make her the first statewide elected official to be indicted on felony charges while holding office.

Georgia – Judge Dismisses Fulton County Ballot Review Case in Georgia
MSN – Kate Brumback (Associated Press) | Published: 10/12/2021

A judge dismissed a lawsuit alleging there were fraudulent ballots and improper ballot counting in Fulton County, Georgia’s most populous county, during the 2020 election. The suit sought a review of some 147,000 absentee ballots to see if any were illegitimate. Henry County Superior Court Chief Judge Brian Amero’s order dismissing the case says the voters who brought the lawsuit “failed to allege a particularized injury” and therefore lacked the standing to claim their state constitutional rights to equal protection and due process had been violated.

Georgia – Senate Candidate Herschel Walker Cancels Fundraiser After Uproar Over Donor’s Use of Vaccine-Needle Swastika in Profile
MSN – Mariana Alfaro (Washington Post) | Published: 10/12/2021

A fundraiser for Herschel Walker, a U.S. Senate candidate in Georgia, was canceled after its host was criticized for featuring an image that used a swastika made out of syringes on her Twitter profile. Bettina Sofia Viviano-Langlais, a Republican donor, was set to host a fundraiser for Walker in Texas. That specific rendering of the vaccine-needle swastika has been co-opted by activists nationwide who oppose coronavirus vaccine mandates and compare them to Nazi treatment of the Jews.

Illinois – Ex-CEO Pleads Guilty to Bribery Tied to Dorothy Brown’s Women’s History Month Program
Chicago Sun-Times – Jon Sedel | Published: 10/12/2021

The former chief executive officer of a Pennsylvania debt-collection company admitted making payments to support former Cook County Circuit Court Clerk Dorothy Brown’s Women’s History Month program to reward her for business he thought she steered his way. Donald Donagher Jr. pleaded guilty in federal court to one bribery count alleging he paid $869 in March 2014 to a company that provided plaques for the program. He also admitted he had $1,000 paid to a company that catered the event.

Indiana – Ex-Indiana Mayor Gets 21 Months in Prison for Seeking Bribe
MSN – Associated Press | Published: 10/13/2021

A former northwestern Indiana mayor who was convicted of taking a $13,000 bribe from a trucking company and illegal tax evasion was sentenced to 21 months in prison. A jury found former Portage Mayor James Snyder sought the bribe in return for steering about $1.1 million in city contracts to the company.

Indiana – ‘Room for Mischief’: Inside the secretive process to fill vacant seats without elections
MSN – Amelia Pak-Harvey and Kaitlin Lange (Indianapolis Star) | Published: 10/7/2021

U.S. Rep. Victoria Spartz got her start in politics working behind the scenes for the local county Republican Party. She used those connections to win her first office when a group of party insiders, not voters, selected her for an Indiana Senate seat over the more politically established candidates. At the time, Spartz had no experience or name recognition as an elected official, which would have made winning an election decided by voters more difficult. The 93 people responsible for Spartz’s critical journey to the statehouse were not every-day Hamilton County voters. They were a little-known facet of Indiana’s political system: precinct committee people, referred to in party lingo as “PCs.” And the public has no clue who most of them were.

Iowa – Democrats Edge Toward Dumping Iowa’s Caucuses as the First Presidential Vote
Portland Press Herald – Michael Scherer (Washington Post) | Published: 10/9/2021

Democrats’ disdain for Iowa’s first-in-the-nation presidential caucus has been rising for years. Now the day of reckoning for Iowa Democrats is fast approaching, as the national party starts to create a new calendar for the 2024 presidential nomination that could remove Iowa from its privileged position for the first time since 1972, when candidates started flocking to the state for an early jump on the race to the White House. The caucus has been damaged by high barriers to participation, a dearth of racial diversity, the rightward drift in the state’s electorate, and a leftward drift in the Democratic participants.

Iowa – Iowa Auditor Sued for Refusing to Release Emails About Rejected Accusation Against Gov. Kim Reynolds
MSN – Daniel Lathrop (Des Moines Register) | Published: 10/11/2021

Iowa’s Democratic state auditor is facing a lawsuit related to a controversial report he issued accusing Republican Gov. Kim Reynolds of violating ethics laws, claims a state ethics panel rejected. The Kirkwood Institute, a conservative public interest law firm, claims Rob Sand is violating the state’s open records law by withholding communications with an Associated Press reporter and a liberal blogger relating to the report. Kirkwood Institute President Alan Ostergren requested the records to determine whether Sand was using state resources for “private political gain” when his office alleged Reynolds had violated state ethics laws by appearing in state-funded ads promoting COVID-19 mitigation efforts.

Michigan – Detroit Council Approves Reforms to City’s Controversial Towing System
Detroit News – James David Dickson and George Hunter | Published: 10/12/2021

The Detroit City Council unanimously approved a series of changes in a bid to boost transparency and accountability in the city’s towing system. The vote came after years of controversy surrounding the city’s municipal towing operations and amid a federal probe that has entangled three council members this year and previously has resulted in criminal convictions of police officers who took bribes from towers. The action is one of multiple initiatives to revamp Detroit’s towing procedures.

New Jersey – Judge Was Wrong to Throw Out Bribery Case in Infamous Corruption Sting, Prosecutors Say
MSN – Ted Sherman (NJ Advance Media) | Published: 10/7/2021

A Superior Court judge was wrong when she threw out a bribery case against a former Bayonne mayoral candidate in what had been one of New Jersey’s biggest corruption operations in years, prosecutors said. The state attorney general’s office is seeking to reverse the dismissal of a criminal indictment against Jason O’Donnell. He had been charged with taking cash in exchange for promises of tax and real estate work if he won his election. The judge concluded O’Donnell committed no crime under the state’s corruption statutes, finding he had no influence to offer because he was not a public official when he was ensnared in the sting.

New Mexico – Annual Review of Campaign Finances Resumes in New Mexico
MSN – Morgan Lee (Associated Press) | Published: 10/9/2021

After a four-year hiatus, state election regulators have resumed spot-checks on campaign finance disclosures by politicians, candidates, and political committees, with 10 accounts referred to New Mexico’s fledgling State Ethics Commission and state prosecutors for possible enforcement action. The random sampling of campaign finance disclosures from the 2020 general election cycle taps into a newly deployed electronic campaign finance reporting system at the secretary of state’s office that reconciles an intricate web of campaign contributions, transfers, and expenditures.

New Mexico – New Mexico Governor Settles Harassment Claim for $150K
MSN – Associated Press | Published: 10/11/2021

The final price tag for a settlement reached by New Mexico Gov. Michelle Lujan Grisham and a former campaign spokesperson to settle accusations of harassment is now $150,000. The latest payments were disclosed in a mandatory campaign finance report filed by the governor’s campaign. The staffer, James Hallinan, accused Lujan Grisham of dropping water in his lap and then grabbing his crotch in the midst of a campaign staff meeting, accusations the governor denies.

New York – Cuomo Book Approval Faces New Challenge
Albany Times Union – Chris Bragg | Published: 10/12/2021

When the Joint Commission on Public Ethics (JCOPE) holds its next meeting, a commissioner is planning to again try and have the agency’s approval of former New York Gov. Andrew Cuomo’s book deal rescinded. After failing by one vote at a September meeting, Commissioner Gary Lavine is planning a different tact: a motion arguing JCOPE staff never had the authority to issue the approval. In 2012, JCOPE passed a resolution allowing the executive director of the staff to take certain actions between monthly commissioner meetings. JCOPE staff argues this 2012 resolution granted it authority to approve Cuomo’s book deal in July 2020.

New York – Hochul Scraps Cuomo’s ‘Defense’ Program Critics Say Helped Suppress Negative Information
Albany Times Union – Chris Bragg | Published: 10/12/2021

New York Gov. Kathy Hochul is ending a program begun under her predecessor, Andrew Cuomo, which had helped suppress negative information about Cuomo and his administration. When announced in 2015, the state’s first-ever “ethics, risk, and compliance” initiative was framed as bringing a private-sector risk management model to state agencies and public authorities. But for Cuomo’s office, the job also meant managing negative information that might come to light, a practice that exploded into public view during the controversy over Cuomo’s alleged suppression of nursing home death data.

New York – Mayor de Blasio’s $1 Million Bill: He owes lawyers, lobbyists and taxpayers
The City – Greg Smith | Published: 10/12/2021

As he hints at running for governor, New York City Mayor Bill de Blasio has racked up nearly $1 million in debts to lawyers, campaign consultants, and taxpayers that records indicate he currently cannot pay. The mayor owes one of the city’s biggest lobbyist law firms upwards of $435,000. The Department of Investigation informed de Blasio he must reimburse taxpayers nearly $320,000 for his use of a securing detail during his failed presidential campaign. The latest filings for his various campaign and PACs reveal he has got more than $182,500 in outstanding campaign debts and only about $11,800 cash on hand.

New York – New York City’s Top Corruption Watchdog Leaving for Federal Role
New York Times – Benjamin Weiser and William Rashbaum | Published: 10/13/2021

Margaret Garnett, the commissioner of the New York City agency that roots out corruption in local government, will leave her post and become the second-ranking official in the U.S. attorney’s office for the Southern District of New York. Garnett has been the city’s investigation commissioner since 2018. In perhaps her final report as commissioner, her office, the Department of Investigation, criticized Mayor Bill de Blasio’s use of his security detail for political and personal reasons, including for trips taken during his presidential campaign.

Ohio – Cincinnati City Manager Endorses Idea for ‘Ethics and Good Government’ Officer
WVXU – Becca Costello | Published: 10/11/2021

A director of ethics and good government could take on responsibility for implementing anti-corruption reform in Cincinnati. Creating that new position is a key part of City Manager Paula Boggs Muething’s reform recommendations. The officer would be responsible for implementing anti-corruption reform approved by the city council based on recommendations of the Economic Development Reform Panel, which was formed in response to three council member arrests on federal corruption charges last year.

Ohio – Former Cleveland Councilman Kenneth Johnson Sentenced to Six Years in Prison, Ordered to Pay More than $740,000 in Restitution
Cleveland Plain Dealer – John Caniglia | Published: 10/8/2021

Former Cleveland City Council member Kenneth Johnson was sentenced to six years in prison for stealing from the city and federal government. U.S. District Court Judge John Adams ordered Johnson, a 40-year member of council, to pay a portion of more than $740,000 in restitution for a series of schemes he ran from City Hall. A jury convicted him of public corruption charges in July. He was accused of siphoning tens of thousands of dollars from the council, underpaying his taxes, and steering government money to keep his adopted sons on the payroll of a community development corporation that he helped fund.

Ohio – Law-Firm Lobbyists Tell Federal Judge Details of Their Big Role in Passing Scandal-Tainted House Bill 6 Nuclear Bailout
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 10/13/2021

National law firm Akin Gump Strauss Hauer & Feld played a significant role in the passage of House Bill 6 in Ohio by organizing lobbying efforts, setting up large political donations, and helping to write the scandal-ridden energy law. Four members of the Washington D.C. firm submitted the documents at the demand of a bankruptcy judge, who is holding up the final $1.2 million of about $68 million in fees and expenses Akin Gump charged to FirstEnergy Solutions until the law firm’s House Bill 6 lobbying team answered questions about their involvement with the passage of the law and other activities surrounding a $60 million bribery scandal.

Ohio – Ohio Elections Commission Rules in Favor of Rep. Wiggam, Others in Finance Complaint
MSN – Bryce Buyakie (Daily Record) | Published: 10/7/2021

The Ohio Election Commission found the American Legislative Exchange Council did not violate campaign finance law when it provided software worth $3,000 to three state lawmakers during their 2020 campaigns. A complaint alleged the lawmakers did not report the gifted software as in-kind contributions. “Because they didn’t accept and use the software and it was only provided to them, it is not an in-kind contribution,” said Executive Director Philip Richter. The only dissenting voice acknowledged the commission does not know if Rep. Scott Wiggam activated the software. If activated and used, Richter said it could be a violation of Ohio law.

Pennsylvania – Amid FBI Scrutiny, Top PSERS Pension Officials Update Financial Disclosures
MSN – Craig McCoy and John DiStefano (Philadelphia Inquirer) | Published: 10/11/2021

Amid an FBI investigation into real estate held by the Pennsylvania School Employees’ Retirement System (PSERS), the agency’s investment chief and his top staff have updated their financial disclosures to include their roles on the boards of agency-affiliated companies that own PSERS buildings in Harrisburg and elsewhere. PSERS has acknowledged agency official James Grossman and others on his staff were on a disclosure form filed with the IRS not only as board members for the affiliated companies but as paid staff. This seemed to put them in dual and conflicting roles as top employees of both PSERS and firms that did business with the pension fund.

Pennsylvania – Pa. Lawmakers Hand Out Millions in Public Contracts to Law Firms That Fill Their Campaign Coffers
WHYY – Sam Janesch (The Caucus) and Angela Couloumbis (Spotlight PA) | Published: 10/13/2021

Law firms and attorneys who have worked for the Pennsylvania House and Senate have donated at least $5.5 million to 18 campaign committees controlled by Democratic and Republican legislative leaders during the last decade. In all, they gave at least $24 million to local and state-level campaigns across Pennsylvania during that time in a state that allows unlimited contributions with few disclosure rules. Legislators in turn hire firms for all types of legal matters. Good-government advocates warn such a mutually beneficial system, while legal, can foster a “pay-to-play” culture in which contracts are awarded to political allies.

Pennsylvania – Pa. Republicans Unveil Lobbying Reform Package to Address ‘Most Pressing Loopholes’ in Law
Pennsylvania Capital-Journal – Marley Parish | Published: 10/13/2021

Nine months after the top Republican in the Pennsylvania Senate vowed to make transparency a major priority in the Legislature, lawmakers are inching toward some lobbying reform. Four Republicans in the upper chamber introduced a package of bills that would impose new requirements for lobbyists and political consultants to avoid conflicts-of-interest and define the relationship between lawmakers and those who try to influence them. Critics called the reform proposals a baby step.

Rhode Island – Vote Postponed on Proposal to Shield ‘Maybe’ Candidates from Having to Report Finances
MSN – Katherine Gregg (Providence Journal) | Published: 10/12/2021

Faced with a wall of opposition, state election officials postponed a vote until at least December on letting potential candidates for state and local office “test the waters” without revealing how much they raise or spend. The Rhode Island Board of Elections decided to hold off after a flurry of opposition from state Republican Party Chairperson Sue Cienki, Common Cause, two of the already announced Democratic candidates for governor, and an army of legislators.

Virginia – Document Details Hefty Payments from Dominion Energy to Media Influencers and Lobbyists
Richmond Times-Dispatch – Patrick Wilson | Published: 10/8/2021

A document in the ongoing review of Dominion Energy’s finances reveals hefty dollar amounts from the electric monopoly to media influencers and lobbyists. Recipients include a columnist who wrote editorials about Dominion for a large state newspaper, former lawmakers who lobby the current ones, and the most renowned political commentator in Virginia. Dominion Energy is known to employ many lobbyists and political consultants, helping it achieve legislative success, but the document provides new details about who the company uses and how much it spends on consulting.

Virginia – Lobbyists in Virginia Don’t Have to Report How Much They Actually Earn
Richmond Times-Dispatch – Patrick Wilson | Published: 10/13/2021

Virginia lawmakers require companies or entities that hire lobbyists to report who the lobbyists are and how much they are paid. Because there are several ways to calculate the payment amounts, the public disclosures generally are far below the actual dollar amounts the lobbyists earn. Critics say the public has no way of knowing exactly how much money lobbyists are paid to lobby their elected representatives.

Gov. Jim Justice has called the West Virginia Legislature back for the third special session of the year to convene on October 11.

In the proclamation, Gov. Justice requested the Legislature take up decennial redistricting, the appropriation of federal funding, and a handful of other issues.

Iowa Gov. Kim Reynolds issued a proclamation to convene a second special legislative session on October 28 to consider a second set of maps as part of the redistricting process.

The nonpartisan Legislative Services Agency (LSA) will release a second set of maps by October 21.

Lawmakers are permitted to reject the first two maps without amendment. This does not affect Alerts reporting.

Campaign Finance

New Mexico: “Annual Review of Campaign Finances Resumes in New Mexico” by Morgan Lee (Associated Press) for MSN

Ohio: “Ohio Elections Commission Rules in Favor of Rep. Wiggam, Others in Finance Complaint” by Bryce Buyakie (Daily Record) for MSN

Elections

Indiana: “‘Room for Mischief’: Inside the secretive process to fill vacant seats without elections” by Amelia Pak-Harvey and Kaitlin Lange (Indianapolis Star) for MSN

Ethics

National: “Trump Hotel Lost $70M Despite Millions in Foreign Business” by Bernard Condon (Associated Press) for Yahoo News

Lobbying

National: “Dozens of States Have Tried to End Qualified Immunity. Police Officers and Unions Helped Beat Nearly Every Bill.” by Kimberly Kindy (Washington Post) for MSN

California: “Former Officials Nuñez, Boxer and Villaraigosa Lead Exodus from Powerful Lobbying Firm” by Seema Mehta and Melanie Mason (Los Angeles Times) for MSN

Virginia: “Document Details Hefty Payments from Dominion Energy to Media Influencers and Lobbyists” by Patrick Wilson for Richmond Times-Dispatch

Redistricting

National: “The Imminent Impact of Redistricting: Sharper partisan elbows, less compromise by both sides in the House” by Colby Itkowitz (Washington Post) for MSN

The Iowa Legislature adjourned sine die October 5 after a one-day session in which lawmakers voted to reject the redistricting plan and passed a resolution outlining their concerns with the plan to be sent to the nonpartisan Legislative Services Agency (LSA), which is tasked with drawing the maps.

The LSA has 35 days to submit a new plan addressing lawmakers’ concerns.

After the plan is submitted, Gov. Kim Reynolds is expected to call for another special session so lawmakers can consider it.

This does not affect lobbying reporting.

National/Federal

As Districts Grow More Diverse, Congressional Outreach Does Too
MSN – Michael Macagnone (Roll Call) | Published: 9/30/2021

Over the past decade, U.S. Rep. Katie Porter’s 45th District in Southern California grew to the largest by population in the state and was 45 percent non-Hispanic white in 2020, down from 55 percent in 2010. The district is more than one quarter Asian, which has shaped how Porter reaches out to her constituents. For example, she often contacts local community groups and ethnic churches in efforts to share more information about federal programs.

As Redistricting Begins, States Tackle the Issue of ‘Prison Gerrymandering’
MSN – Emmanuel Felton (Washington Post) | Published: 9/28/2021

As lawmakers begin drawing lines for congressional and state legislative districts based on the 2020 Census, there is a key question facing these drafters: how to count the 2.3 million people housed in the nation’s jails and prisons. While inmates are not allowed to vote in 48 states, they count for the purposes of representation. For most of American history, counting inmates where they were imprisoned did not have a huge impact on political power and representation. But that changed when states began adopting tough-on-crime laws in the 1980s, leading to an era of mass incarcerations.

Biden White House Leans Toward Releasing Information About Trump and Jan. 6 Attack, Setting Off Legal and Political Showdown
MSN – Tom Hamburger and Jacqueline Alemany (Washington Post) | Published: 9/23/2021

The White House is leaning toward releasing information to Congress about what Donald Trump and his aides were doing during the January 6 attack on the U.S. Capitol despite the former president’s objections, a decision that could have significant ramifications. Trump has said he will cite “executive privilege” to block information requests from the House select committee investigating the events of that day, banking on a legal theory that has successfully allowed presidents and their aides to avoid or delay congressional scrutiny for decades. But the Biden White House plans to err on the side of disclosure given the gravity of the events.

Covert Postal Service Unit Probed Jan. 6 Social Media
Yahoo News – Betsy Woodruff Swann (Politico) | Published: 9/27/2021

In the days after the January 6 attack on the Capitol, an obscure arm of the U.S. Postal Service, the United States Postal Inspection Service’s Internet Covert Operations Program (iCOP) sent bulletins to law enforcement agencies around the country on how to view social media posts that had been deleted. Few Americans are aware the same organization that delivers their mail also runs a surveillance operation rooted in an agency that dates back to the 18th century. And iCOP’s involvement raises questions about how broad the mandate of the Postal Service’s policing arm has grown from its stated mission of keeping mail deliverers safe.

DNC to Host First In-Person Fundraiser of the Covid Era
Yahoo News – Caitlin Oprysko (Politico) | Published: 9/25/2021

Eighteen months into the pandemic, the Democratic National Committee held its first in-person, indoor fundraising events, turning to K Street to haul in cash ahead of the midterm cycle. For lobbyists who have been starved of facetime with party leaders, they can give $36,500, the maximum amount an individual or non-multi-candidate PAC can contribute to a national party committee. That donation brings with it a more intimate “private clutch,” according to the invitation. The hosting of an in-person event marks a return for Democrats to the usual method of raising cash after meeting with donors became confined to Zoom calls.

Fallout Begins for Far-Right Trolls Who Trusted Epik to Keep Their Identities Secret
Seattle Times – Drew Harwell, Hannah Allam, Jeremy Merrill, and Craig Timberg (Washington Post) | Published: 9/28/2021

In the real world, Joshua Alayon worked as a real estate agent in Pompano Beach, Florida. But online, data revealed by the massive hack of Epik, an Internet-services company popular with the far right, signaled a darker side. Alayon’s name and personal details were found on invoices suggesting he had once paid for websites with names such as racisminc.com and theholocaustisfake.com. The hacking group Anonymous exposed previously obscure details of far-right sites and launched a race among extremism researchers to identify the hidden promoters of online hate. After Alayon’s name appeared in the breached data, his brokerage firm dropped him as an agent.

FEC Debates Deadlocks and Dismissals
Investigative Reporting Workshop – Keith Newell | Published: 9/29/2021

Since its founding in 1974, the FEC has long been regarded as an ineffective agency, garnering criticism as a “toothless tiger” or a “tightly leashed watchdog.” The panel has a maximum of six members, with no more than three from one party. Since 2006, an increasingly high number of deadlocked votes result in dismissals of allegations of misconduct; deadlocks are effectively victories for the Republican commissioners. Party loyalty appears to be less important to commissioners than ideology.

House Jan. 6 Committee Issues Subpoenas for Pro-Trump Rally Organizers
MSN – Jacqueline Alemany, Tom Hamburger, and Carol Leonnig (Washington Post) | Published: 9/29/2021

The U.S. House select committee investigating the January 6 attack on the Capitol issued subpoenas to 11 people associated with or involved in the planning of pro-Trump rallies that preceded the violent insurrection. The subpoenas come a week after it issued subpoenas targeting two top Trump White House officials, the chief of staff to the acting defense secretary, and longtime Trump adviser Stephen Bannon. The subpoenas may be able to shed light on the degree to which Donald Trump and his senior White House aides knew about their fears of chaos on January 6.

Ohio Men Sentenced to 45 Days Become First Jan. 6 Misdemeanor Defendants to Receive Jail Time
MSN – Spencer Hsu and Rachel Weiner (Washington Post) | Published: 9/29/2021

A court sentenced two Ohio men to serve 45 days in jail after federal prosecutors for the first-time requested incarceration at sentencing hearings for nonviolent misdemeanor offenders in the storming of the U.S. Capitol. The punishment comes after judges for months have questioned whether no-prison plea deals offered by the government to low-level January 6 defendants are too lenient to deter future attackers from terrorizing members of Congress.

Supreme Court Observers See Trouble Ahead as Public Approval of Justices Erodes
MSN – Robert Barnes and Seung Min Kim (Washington Post) | Published: 9/26/2021

On October 4, the U.S. Supreme Court will begin one of the most potentially divisive terms in years. Docketed cases concern gun control, separation of church and state, and the biggest showdown in decades on the constitutional right to an abortion. Meanwhile, a presidential commission studying the court is being bombarded with criticism from the left, and occasionally the right, that the justices are too political, too powerful, and serve for too long. “Not since Bush v. Gore has the public perception of the court’s legitimacy seemed so seriously threatened,” Georgetown Supreme Court Institute Executive Director Irv Gornstein said.

The FEC Unanimously Rejected a Trump Campaign Complaint Against Snapchat After the Social Media Site Removed the Former President’s Content from Its ‘Discover’ Feed
Yahoo News – Brian Metzger (Business Insider) | Published: 9/23/2021

The FEC dismissed a complaint made by former President Trump’s campaign against Snapchat, which it said had violated election laws by removing the campaign’s content from its curated “Discover” page. Snapchat announced in June 2020 it would no longer promote Trump’s content on the page, though it did not remove Trump’s account from the platform. The Trump campaign alleged Snapchat made an illegal contribution to Joe Biden by doing so.

There Are Just 9 Women Governors. Both Parties Want Change.
Yahoo News – Liz Crampton (Politico) | Published: 9/28/2021

Women now account for a third of state lawmakers, more than a quarter of the U.S. House and nearly as much of the U.S. Senate, but in many states have yet to shatter the highest glass ceiling: governorships. Today, just nine women hold the title, with power split among six Democrats and three Republicans. Four of those women took over the role by succession. There is growing urgency among leaders in both major parties around bolstering the chances of women running in the 2022 gubernatorial elections, when voters in 36 states will pick their next chief executive.

Trump Loses Case to Enforce Omarosa Manigault Newman’s N.D.A.
MSN – Maggie Haberman (New York Times) | Published: 9/28/2021

Former President Trump lost an effort to enforce a nondisclosure agreement against Omarosa Manigault Newman, a former White House aide and a star on “The Apprentice” who wrote a tell-all book about serving in his administration. The decision from an arbiter calls for her to collect legal fees from the Trump campaign. The campaign filed the case shortly after Manigault Newman published her book. It claimed she violated a nondisclosure agreement she had signed during the 2016 campaign stipulating she would not reveal private or confidential information about Trump’s family, business, or personal life.

Two Fed Officials Announce Retirements Amid Controversy Over Ethics and Stocktrading
MSN – Rachel Siegel (Washington Post) | Published: 9/27/2021

Two top Federal Reserve officials are leaving their posts amid scrutiny over their stock-trading activities during the coronavirus crisis, behavior which spurred an unusual review by the Fed of trading rules for its officials. Boston Federal Reserve Bank President Eric Rosengren and Dallas Fed President Robert Kaplan both announced their retirements. Earlier, media outlets reported on the financial disclosures of the regional bank presidents, showing both actively traded in stocks and other investments while in their roles setting monetary policy and assisting the central bank through the covid crisis.

U.S. Supreme Court to Consider Senator Cruz’s Campaign Finance Challenge
Yahoo Finance – Andrew Chung (Reuters) | Published: 9/30/2021

The U.S. Supreme Court agreed to hear the FEC’s bid to restore a campaign finance law that limits the amount of money candidates can accept from donors after an election as they try to recoup the money they personally lent to their formal campaign organizations. A lower court ruling found the cap violates the Constitution’s guarantee of freedom of speech by unjustifiably burdening political expression. The law imposes a ceiling of $250,000 on payments from donations made after an election even if candidates made loans exceeding that sum.

From the States and Municipalities

Arizona – Arizona Recount Results Raise Stakes for GOP-Backed Ballot Reviews in Other States
MSN – Amy Gardner (Washington Post) | Published: 9/23/2021

A GOP-commissioned report that did not find evidence fraud tainted Arizona’s 2020 election has intensified the fight over similar partisan ballot reviews in Pennsylvania, Texas, and Wisconsin, with former President Trump pressing for such examinations and Democrats stepping up their efforts to block them. The outcome of the recount in Maricopa County, which concluded President Biden won the state’s largest county by even more votes than the certified results, raises the stakes for the Republican leaders who have gone along with Trump’s demands for “forensic audits” in other states.

California – Between the Lines: Hidden partisans try to influence California’s independent redistricting
MSN – Ben Christopher and Sameea Kamal (CalMatters) | Published: 9/28/2021

California congressional districts are drawn by an independent citizens commission, but it is hearing from candidates and party officials who do not disclose their partisan affiliations. Though the commission is prohibited from considering the electoral interests of elected officials, candidates, or political parties, there is nothing that bars any of those players from trying to influence the decisions, nor any laws or rules requiring public commenters to list potential conflicts-of-interest. But not disclosing a personal stake may cross an ethical line, said Jessica Levinson, a former member of the Los Angeles Ethics Commission.

California – California Is Now Permanently a Vote-by-Mail State as Gavin Newsom Signs Bill
MSN – Lara Korte (Sacramento Bee) | Published: 9/27/2021

California will now mail ballots to voters in all elections, extending a practice temporarily adopted during the pandemic to prevent the spread of the coronavirus at polling locations. Gov. Gavin Newsom signed Assembly Bill 37, which requires county elections officials to mail a ballot to every active registered voter for all elections, whether they request it or not. Voters can still choose to vote at physical polling locations, if they prefer.

California – California Treasurer Sued for Harassment Often Shared Overnight Lodging with Staffers
MSN – Sophia Bollag (Sacramento Bee) | Published: 9/28/2021

Treasurer Fiona Ma has frequently shared hotel rooms with her chief of staff during her tenure as California’s top banking official, a practice she said she engaged in “to save money,” according to expense reports. A review of travel documents found that sharing lodging with staff was a common practice for Ma, who is facing a lawsuit filed by a different employee, who no longer works in the office. The worker accused her of sexual harassment when the two women shared hotel rooms.

California – L.A. County Sheriff’s Unit Accused of Targeting Political Enemies
MSN – Alene Tchekmedyian (Los Angeles Times) | Published: 9/23/2021

A group of deputies from the Los Angeles County Sheriff’s Department make up a little-known team of investigators formed by Sheriff Alex Villanueva and other top sheriff’s officials. Much of what they do, by design, is a mystery to the public and even to most within the department. But as some of the investigations handled by the team have come to light, a common thread has emerged: their targets are outspoken critics of Villanueva or the department. Concern over the Civil Rights and Public Integrity Deta has caused consternation both inside and outside the department.

California – Oakland Issues Its Largest Ethics Fine Ever, Against a Corrupt Former Building Inspector
Oaklandside – David DeBolt | Published: 9/28/2021

The Oakland Public Ethics Commission issued a fine of $309,600 against a former city building inspector accused of accepting bribes from property owners in exchange for greenlighting inspections or issuing permits. It is by far the largest fine ever issued by the commission. Thomas Espinosa, the former specialty combination inspector in the city’s Planning and Building Department’s Code Enforcement Division, also convinced some property owners whose buildings he inspected to hire him as a contractor, the investigation found.

Colorado – An Elections Supervisor Embraced Conspiracy Theories. Officials Say She Has Become an Insider Threat.
MSN – Emma Brown (Washington Post) | Published: 9/26/2021

In a lawsuit filed by the Colorado secretary of state, Mesa County Clerk and Recorder Tina Peters and her deputy have been accused of sneaking someone into the county elections offices to copy the hard drives of Dominion Voting Systems machines. Those copies later surfaced online and in the hands of election deniers. Local and state state prosecutors, and the FBI, are investigating whether criminal charges are warranted. The events represent an escalation in the attacks on the nation’s voting system, one in which officials who were responsible for election security allegedly took actions that undermined that security.

Colorado – Aurora City Council OKs Changes to Campaign Finance Law After Lawsuit from Mayor
Denver Gazette – Hannah Metzger | Published: 9/29/2021

The Aurora City Council approved changes to its campaign finance law after a court ruled in favor of Mayor Mike Coffman, who sued the city over provisions he claimed violated his freedom of speech. The lawsuit argued the measure, passed by the council in 2020, prohibited former and future candidates from pushing for ballot issues or helping other candidates with their campaigns, which Coffman said was intended to prevent his supporters from mobilizing in support of other candidates.

Colorado – Ex-Colorado GOP Chair Disbarred in Pro-Trump PAC Funds Case
MSN – Associated Press | Published: 9/23/2021

Former Colorado Republican Party Chairperson Ryan Call will be disbarred after acknowledging he took nearly $280,000 from a super PAC supporting former President Trump while Call served as the PAC’s treasurer. Call admitted to entering the Rebuilding America Now PAC into a secret contract to pay himself $5,000 a month for “political strategy and fundraising support” and he misled members of his former law firm about his activities with the committee.

Colorado – Newly Revealed Interactions Added to Redistricting Lobbying Complaint
Colorado Politics – Evan Wyloge | Published: 9/27/2021

A complaint filed against a group of Republican political consultants and lobbyists, accusing them of failing to file proper redistricting lobbying disclosure, grew larger when the complainant added new interactions between the complaint targets and Colorado’s redistricting commissioners. The complaint accused consultant Alan Philp of failing to file lobbying disclosure reports and accused former House speaker and now-lobbyist Frank McNulty and lobbyist Greg Brophy of failing to register and report their interactions with commissioners. All three work for Colorado Neighborhood Coalition, a nonprofit that does not disclose its donors.

Hawaii – Years Before Indictments, Honolulu Permitting Department Was Warned About Corrupt Culture
Honolulu Civil Beat – Christina Jedra | Published: 9/29/2021

The Honolulu Ethics Commission investigated the Department of Planning and Permitting (DPP) several times after it received numerous complaints about a “pay-to-play” culture at the department, records show. Taken as a whole, the records foreshadow the scandal that erupted earlier this year. In March, five current and former DPP employees, along with a local architect, were indicted for bribery schemes going back as far as 2012. The commission told DPP leadership about its concerns several times.

Illinois – Former Ald. Ricardo Muñoz Pleads Guilty to Spending Campaign Funds on Sports, Travel and Other Personal Items
MSN – Madeline Buckley (Chicago Tribune) | Published: 9/27/2021

Former Chicago Ald. Ricardo Muñoz pleaded guilty to spending cash from a political fund on personal items such as sports tickets, meals, and travel. Muñoz pleaded guilty to wire fraud and money laundering. Federal prosecutors alleged Muñoz stole from a PAC formed by the Chicago Progressive Reform Caucus (CPRC), where he served as chairperson and performed the duties of its treasurer. Prosecutors accused him of moving funds from the CPRC into another fund he controlled, Citizens for Muñoz, and then into his personal checking account.

Illinois – Obscenity Ruling? State’s Top Court to Hear Case Seeking to End Pols Using ‘Obscene Amounts’ of Campaign Cash to Pay Lawyers
Chicago Sun-Times – Rachel Hinton | Published: 9/29/2021

The state’s top court plans to rule on the question of whether politicians can dip into their campaign funds to pay for their criminal defense or other legal troubles, a decision that could directly affect the embattled husband of Illinois Supreme Court Chief Justice Anne Burke. She recused herself from the decision to take the case and from hearing it once it comes before the justices. Her husband, Ald. Edward Burke (14th), has already spent nearly $2 million in campaign contributions on legal fees since federal agents raided his ward headquarters.

Maryland – Baltimore’s Revamped Ethics Board Says It’s Ready to Provide Guidance to City Employees
Baltimore Sun – Emily Opilo | Published: 9/28/2021

Baltimore’s long underutilized Board of Ethics began issuing advisory opinions for the first time in three years in 2021 and has seen its web traffic triple, according to the panel’s annual report. The report, which is itself the first annual recap from the board since 2014, details a restructuring of the Board of Ethics since it was moved under the supervision of the Office of the Inspector General, a move that became effective last October. Since then, the board has been staffed by a full-time director and administrative assistant who established an ethics hotline and revamped the city’s ethics training process for city employees and elected officials.

Michigan – Detroit Councilman Andre Spivey Admits He Took Bribes for Help with Towing
MSN – Joe Guillen (Detroit Free Press) | Published: 9/28/2021

Andre Spivey became the second Detroit City Council member this year to plead guilty to a public corruption charge, admitting he took $35,900 in bribes from an undercover law enforcement agent and a confidential FBI source in exchange for wielding his political influence. Spivey accepted the bribes in exchange for his assistance with a pending vehicle towing ordinance before the council, he said in court. The bribes were paid over the course of eight separate meetings with the confidential FBI source, most of which were recorded.

New Hampshire – NH Supreme Court Asked to Define Governor’s Executive Privilege
MSN – Kevin Landrigan (Manchester Union Leader) | Published: 9/28/2021

Both sides in a legal dispute over open records asked the state’s highest court, for the first time, to spell out when New Hampshire Gov. Chris Sununu can claim executive privilege to keep documents secret. Activist Louise Spencer sued Sununu’s office over email contacts his staffers had with a national Republican PAC before and after Sununu vetoed a 2019 bill to create an independent redistricting commission. The suit maintained that the governor’s office should not be exempt from the state’s Right-to-Know Law.

New Mexico – Ethics Board Hands Gonzales a Reprimand and $2,000 Fine
Albuquerque Journal – Oliver Uyttebrouck | Published: 9/24/2021

The Albuquerque Board of Ethics and Campaign Practices imposed a $2,000 fine and a public reprimand on Bernalillo County Sheriff Manuel Gonzales, finding his mayoral campaign submitted 16 forged documents in his bid for public financing. The finding punctuates an unsuccessful monthslong quest by Gonzales to obtain more than $600,000 in public campaign financing. That effort foundered on a pair of complaints centered on the five-dollar qualifying contributions that candidates must collect from city voters to qualify for public money.

New York – MTA Bus Boss Covered License Plate to Avoid Tolls, Had $100k in Outstanding Fines: Watchdog
Yahoo News – Clayton Guse (New York Daily News) | Published: 9/27/2021

A New York City Transit superintendent used a plastic license plate cover to dodge tolls for years across New York, the Metropolitan Transit Authority (MTA) inspector general said. The superintendent, identified as Aditya Samaroo, bragged to his colleagues he avoided paying tolls on bridges and tunnels by obscuring his license plate. Samaroo also dodged more than $100,000 in outstanding tolls and late fees by regularly swapping out his car’s license plates.

Ohio – Ohio Governor Lobbyist Resigns; Was Linked to Bribery Probe
MSN – Julie Carr Smyth (Associated Press) | Published: 9/24/2021

Ohio Gov. Mike DeWine’s top lobbyist, a man linked to an ongoing federal bribery probe but never charged, resigned after three years on the job. Legislative Director Dan McCarthy cited “the pace and grind” of the job. Federal prosecutors charged five individuals with orchestrating a $60 million bribery scheme to assure the 2019 passage of a bill bailing out two nuclear power plants. The power plants were operated at the time by a wholly owned subsidiary of FirstEnergy Corp. McCarthy is a former FirstEnergy lobbyist who was president of one of the “dark money” groups that has been implicated in the alleged bribery scheme.

Pennsylvania – A Leading Addiction Recovery Reformer in Philly Was on the Payroll of a Rehab Center Now Charged with Crimes
MSN – Jeremy Roebuck and Aubrey Wilson (Philadelphia Inquirer) | Published: 9/27/2021

Fred Way has spent the last decade working to improve addiction recovery houses in Philadelphia. But for much of that time, he was on the payroll of a rehabilitation facility now accused of encouraging their worst abuses. He has advised lawmakers on state policy, and the recovery-house certification program created by his nonprofit, the Pennsylvania Alliance of Recovery Residences, serves as the only benchmark for judging the quality of housing in Philadelphia for people in early recovery, and for determining which of those homes will receive coveted city funds. In a state grand jury report this summer, Wray acknowledged taking money from a drug rehab facility under criminal investigation.

South Dakota – As Daughter Sought State License, Noem Summoned Agency Head
Yahoo News – Stephen Groves (Associated Press) | Published: 9/27/2021

Days after a South Dakota agency moved to deny her daughter’s application to become a certified real estate appraiser, Gov. Kristi Noem summoned to her office the state employee who ran the agency, the woman’s direct supervisor, and the state labor secretary. Noem’s daughter also attended. Kassidy Peters ultimately obtained the certification in November 2020, four months after the meeting at her mother’s office. A week after that, the labor secretary called the agency head, Sherry Bren, to demand her retirement, according to an age discrimination complaint. Bren left her job after the state paid her $200,000 to withdraw the complaint.

Texas – Dallas Needs More Oversight and Stronger Ethics Rules, Review Finds
Dallas Morning News – Everton Bailey Jr. | Published: 9/27/2021

Dallas needs a department solely dedicated to investigating misconduct complaints to ensure they are properly handled, according to a report calling for ethics reforms. The city should create an Office of Inspector General and appoint a licensed attorney role who would find, investigate. and issue rulings on cases of alleged fraud, waste, abuse, campaign finance violations and other ethics misconduct, the report said. The move would replace the current process, where complaints are funneled through different channels and not independently investigated.

Texas – ”Home Cooking’ Concerns Revealed in Corruption Prosecutions Outside Texas Capital
KXAN – David Barer and Josh Hinkle | Published: 9/20/2021

The Public Integrity Unit housed in the Travis County District Attorney’s Office was dismantled in 2015, following allegations it was politicizing prosecutions. Texas lawmakers aimed to reform the system by moving state public corruption investigations to the Department of Public Safety’s Texas Rangers and prosecuting accused officials in their home counties rather than Travis County. Six years later, a media investigation found prosecutions of statewide public officials for corruption are nearly non-existent. Since 2015, the Rangers investigated a handful of state-level elected leaders, but few faced charges.

Texas – Texas Appears to Be Paying a Secretive Republican Political Operative $120,000 Annually to Work Behind the Scenes on Redistricting
MSN – Alexa Ura (Texas Tribune) | Published: 9/29/2021

A Republican redistricting operative whose clandestine work helped drag Wisconsin into a legal morass last decade appears to now be on the payroll of the Texas Legislature as lawmakers work to redraw maps that will determine the distribution of political power for years to come. The operative, Adam Foltz, was part of the team that helped craft Wisconsin’s legislative maps after Republicans took control of that state Legislature in 2010. Foltz played a key role in a tight-lipped and questionable redrawing process that shut out Democrats and drew the condemnation of federal judges who described it as “needlessly secret,” according to court records.

Washington – Weekly WA Newspaper Fined $15,000 for Selling Election Coverage
Crosscut – Melissa Santos | Published: 9/28/2021

The Tacoma Weekly agreed to pay a $15,000 fine for telling candidates last year they could buy a news story, and even the newspaper’s editorial endorsement, as part of a  $2,500 advertising package. Accepting money in exchange for story placement or positive coverage goes against journalistic standards of ethics. But beyond that, it also violates Washington state law, which forbids news outlets from soliciting money in exchange for “an endorsement, article, or other communication in the news media promoting or opposing a candidate.”

The Maine State Legislature convened in a one-day special session on September 29 to pass the state’s redistricting plans.

Both the House and Senate adjourned sine die that afternoon.

Campaign Finance

National: “FEC Debates Deadlocks and Dismissals” by Keith Newell for Investigative Reporting Workshop

Elections

National: “There Are Just 9 Women Governors. Both Parties Want Change.” by Liz Crampton (Politico) for Yahoo News

Ethics

National: “Fallout Begins for Far-Right Trolls Who Trusted Epik to Keep Their Identities Secret” by Drew Harwell, Hannah Allam, Jeremy Merrill, and Craig Timberg (Washington Post) for Seattle Times

California: “California Treasurer Sued for Harassment Often Shared Overnight Lodging with Staffers” by Sophia Bollag (Sacramento Bee) for MSN

Hawaii: “Years Before Indictments, Honolulu Permitting Department Was Warned About Corrupt Culture” by Christina Jedra for Honolulu Civil Beat

Maryland: “Baltimore’s Revamped Ethics Board Says It’s Ready to Provide Guidance to City Employees” by Emily Opilo for Baltimore Sun

Michigan: “Detroit Councilman Andre Spivey Admits He Took Bribes for Help with Towing” by Joe Guillen (Detroit Free Press) for MSN

New Hampshire: “NH Supreme Court Asked to Define Governor’s Executive Privilege” by Kevin Landrigan (Manchester Union Leader) for MSN

Redistricting

California: “Between the Lines: Hidden partisans try to influence California’s independent redistricting” by Ben Christopher and Sameea Kamal (CalMatters) for MSN

North Dakota lawmakers announced they will convene on November 8 for a special session to adopt a redistricting plan and to allocate funds from the American Rescue Plan Act.

Gov. Doug Burgum has not called the Legislature into session as expected under House Bill 1397, which would permit lawmakers as much time as needed for the session.

If the Legislature calls itself into session, the session can only last four days.

Under the North Dakota Constitution, any bills passed after August 1 are effective 90 days after filing.

For the redistricting plan to take effect earlier, upon filing with the Office of Secretary of State, it must pass by a two-thirds vote of each house.

This does not affect lobbyist reporting.

Campaign Finance

Illinois: “Former Ald. Ricardo Muñoz Pleads Guilty to Spending Campaign Funds on Sports, Travel and Other Personal Items” by Madeline Buckley (Chicago Tribune) for MSN

Elections

California: “California Is Now Permanently a Vote-by-Mail State as Gavin Newsom Signs Bill” by Lara Korte (Sacramento Bee) for MSN

Ethics

National: “Two Fed Officials Announce Retirements Amid Controversy Over Ethics and Stocktrading” by Rachel Siegel (Washington Post) for MSN

National: “Trump Loses Case to Enforce Omarosa Manigault Newman’s N.D.A.” by Maggie Haberman (New York Times) for MSN

California: “Oakland Issues Its Largest Ethics Fine Ever, Against a Corrupt Former Building Inspector” by David DeBolt for Oaklandside

Texas: “Dallas Needs More Oversight and Stronger Ethics Rules, Review Finds” by Everton Bailey Jr. for Dallas Morning News

Lobbying

Colorado: “Newly Revealed Interactions Added to Redistricting Lobbying Complaint” by Evan Wyloge for Colorado Politics

Redistricting

National: “As Redistricting Begins, States Tackle the Issue of ‘Prison Gerrymandering’” by Emmanuel Felton (Washington Post) for MSN

Oklahoma Gov. Kevin Stitt has called for a special session of the Oklahoma Legislature on November 15 to address redistricting issues caused by the delayed release of 2020 census data by the U.S. Census Bureau.

The special session has been called solely for the purposes of redistricting Oklahoma’s congressional and legislative districts, and amending statutory candidacy and redistricting deadlines, including amending candidacy and residency deadlines, as made necessary by the U.S. Census Bureau’s failure to meet the deadline for production of decennial census data.

It is not clear how long the specials session will last.

This does not affect lobbyist reporting dates.

The special session of the South Carolina Senate scheduled for October 12 has been cancelled.

In a letter to senators, Senate President Harvey Peeler stated the session would be unnecessary citing delays in redistricting plans and House leaders’ refusal to reconvene on COVID-19 funding issues.

While the redistricting issue will still need to be addressed in a special session later this year, the COVID-19 funding issues, without the House’s willingness to reconvene on the issue, will have to wait until the 2022 session.