Tuesday, October 22, 2024

POLITICO Massachusetts Playbook: Inside ballot campaign bank accounts


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By Kelly Garrity

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BANK ON IT — Campaign lit, lawn signs, advertisements, consulting — some ballot campaign committees are spending big to try to sway voters to their side as they begin hitting the polls and submitting their mail-in ballots.

The latest campaign finance filings submitted yesterday offer a glimpse into the state of the ballot question spending race. Here’s some highlights:

— The “High Standards Not High Stakes” committee pushing Question 2, which would end MCAS as a graduation requirement, still hasn’t raised or spent any money, but the Massachusetts Teachers Association is nearing $9.7 million in in-kind contributions.

That’s roughly six times as much as the opposition, though they ramped up fundraising in the last period that ran from Oct. 2-16, in part thanks to a $250,000 donation from New Balance Chairman Jim Davis.

— The “Committee to Protect Tips” has spent $1.6 million fighting to block Question 5, which would slowly bump up wages for tipped workers until it hits the state’s minimum wage (at which point business owners could decide to pool tips), more than twice as much as supporters have in real dollars and in-kind contributions combined.

— The “Coalition for Safe Communities,” the group opposing Question 4, which would legalize psychedelics, with restrictions, did finally stir to life after raising and spending no money during the previous reporting period. The group pulled in $100,675… but spent less than $30 during the last period.

That number will likely jump on the next report (due on Election Day). The committee is going up with TV ads in the Boston and Springfield markets today warning that passing Question 4 would be “dangerous” and touting support from The Boston Globe’s and the Berkshire Eagle’s editorial boards.

Meanwhile, the supportive “Massachusetts for Mental Health Option” has shelled out close to $6.5 million, and has been backed by another $452,462 in in-kind contributions. Despite the distance in fundraising, recent polls show Massachusetts voters are split on how they’ll vote.

But not all publicity needs to be paid for. State Auditor Diana DiZoglio rankled legislative leaders yesterday when her office released a 77-page “performance audit” blasting the Legislature for a lack of transparency, as her political operation pushes Question 1, which would give her the authority to crack open their books.

“It is beyond past time that we return to the historical practice of this office auditing the Legislature, as has been the case for the vast majority of the history of this office," DiZoglio said in a statement released with the report. "If there is nothing to hide, open up the doors and let the sunshine in. Sunlight is, after all, the best disinfectant."

House Speaker Ron Mariano slammed the report as “pure political self-promotion and electioneering” in a statement, and a spokesperson for Senate President Karen Spilka described DiZoglio as “singularly focused on the upcoming election and promoting her ballot question,” while lawmakers concentrate on churning through work.

The committee pushing DiZoglio’s question has raised around $406,682 and spent $381,871 total so far, with the biggest costs coming from signature gathering. Who needs ads when the report earned the auditing effort plenty of press?

GOOD TUESDAY MORNING, MASSACHUSETTS. We’re officially two weeks out from the election:)

TODAY — Gov. Maura Healey has no public events. Attorney General Andrea Campbell delivers remarks at a webinar on combating hate in Massachusetts schools hosted by her officer at 11 a.m. Boston Mayor Michelle Wu speaks at a National League of Cities event at 9 a.m. in Roxbury and give remarks at EdVestors’ 19th annual “School on the Move” prize ceremony at 9:30 a.m. in Back Bay. Sen. Ed Markey tours the Boston Children’s Museum and learn about its climate resilience planning initiative at noon in Boston and joins MassDems chair Steve Kerrigan for a virtual event on environmental issues at 7 p.m.

Tips? Scoops? Birthdays? Email me: kgarrity@politico.com

 

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DATELINE BEACON HILL

— “Struggling with dos and don’ts for millionaire tax,” by Bruce Mohl, CommonWealth Beacon: “The constitutional amendment creating the millionaire tax was pretty vague about what could be done with the revenue it would generate. ... Despite the wide latitude afforded by the language, a budget-balancing maneuver by Gov. Maura Healey using millionaire tax money is drawing criticism on Beacon Hill and shaping up as the first real test of what exactly voters intended for the money.”

— “State regulators delay truck emissions rules,” by Christian M. Wade, The Eagle-Tribune: “The Healey administration is pumping the brakes on tough new zero-emissions standards for trucks that were set to go into effect next year, citing a lack of technology and enforcement authority. The state Department of Environmental Protection said it is delaying implementation of the so-called Advanced Clean Truck regulations that would have required auto manufacturers, starting with the 2025 model year, to gradually increase annual sales of new zero-emission trucks in the state. The rules will now go into effect beginning with 2026 models, regulators said.”

MIGRANTS IN MASSACHUSETTS

— “Massachusetts Republicans look to give power to courts in violent illegal immigrant cases,” by Lance Reynolds, Boston Herald: “Senate Minority Leader Bruce Tarr and House Minority Leader Brad Jones are leading a push that addresses a ‘critical statutory gap’ preventing trial courts from holding convicted criminals and repeat offenders subject to immigration detainers. The legislation, slated to be filed Monday, comes after a series of violent illegal immigrants were released back into the community by local courts while federal officials held immigration detainers on them.” PAYWALL FOR BOSTON HERALD RAG

FROM THE HUB

— “At Boston Water & Sewer, unions push for an HR director to be placed on leave amid civil litigation,” by Danny McDonald, The Boston Globe: “A trio of unions are pushing for a human resources director at the Boston Water and Sewer Commission to be sidelined from her day-to-day duties amid civil litigation that alleges she swindled a house away from an elderly relative who suffers from dementia. Representatives from three labor groups wrote a letter to the commission’s executive director, Henry F. Vitale, and the agency’s board of commissioners this month ‘strongly suggesting’ that union members’ ‘sensitive information be entrusted to the custody of the legal department’ until the HR director in question, Marie A. Theodat, is placed on administrative leave pending the conclusion of an internal probe or the resolution of the civil litigation.”

THE RACE FOR CITY HALL

2025 WATCH — All’s still quiet on the Josh Kraft front. The New England Patriots Foundation president didn’t say Monday evening if he’ll run for mayor in Boston next year when pressed by reporters after a forum on civic engagement at the John F. Kennedy Presidential Library.

“Tonight I was just focusing on getting young people to vote and talking about the importance of voting,” Kraft said. “So that’s what I’m going to talk about tonight.”

During the forum, Kraft, alongside Patriots defensive end Keion White and MassVOTE’s Marisol Santiago fielded questions from UMass Boston political science professor Erin O’Brien.

Emphasizing the importance any one vote can make, he shouted out Boston City Councilor Julia Mejia, who won her seat on the council by a single vote in 2019.

As for his own political role models, Kraft told reporters he was a fan of President Harry Truman and mentioned late Chelsea state Rep. Richie Voke, who he described as a “mentor.”

PLANES, TRAINS AND AUTOMOBILES

— “McGee to lead MBTA board as Glynn steps aside,” by Bruce Mohl, CommonWealth Beacon: “Thomas Glynn is stepping down as chair of the MBTA board of directors on November 1 and being replaced by his colleague on the board, Thomas McGee. McGee, a former state lawmaker and mayor of Lynn, is very similar to Glynn in a policy sense. Both men share a belief that the MBTA is key to the long-term economic well-being of eastern Massachusetts and deserving of strong state support.”

YAHD SIGNS AND BUMPAH STICKAHS

ENDORSEMENT CORNER — Former Gov. Charlie Baker endorsed Republican Governor’s Council candidate and Peabody City Councilor Anne Manning-Martin, her campaign announced last night. Manning-Martin “has a proven record of being a strong independent voice when we need it most,” Baker said in a statement.

MARIJUANA IN MASSACHUSETTS

— “Cannabis businesses are surrendering licenses at an increased pace in Mass.,” by  Isabel Hart, Boston Business Journal: “The rate at which cannabis businesses are surrendering licenses has picked up rapidly in the past year as the industry faces economic and regulatory headwinds. Since last September, four retail licenses have been either surrendered, not renewed or revoked. In the entire five years since the legal cannabis industry sparked up in Massachusetts prior to September 2023, just five licenses had been surrendered by local businesses. On the non-retail side — which includes manufacturers and growers — 26 non-retail licenses have been surrendered, revoked or not renewed over the past year. Over the previous five years, only 11 such licenses were surrendered.”

 

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FROM THE 413

— “In Greenfield, city hall's fiscal stability questioned following departures,” by Michael Carolan, The Springfield Republican: “Two councilors are questioning the city‘s fiscal stability in the wake of an exodus of multiple longtime municipal employees following Virginia “Ginny” Desorgher’s landslide victory for mayor a year ago. Desorgher, a former councilor in the city of 18,000, won the mayor’s seat last November against incumbent Mayor Roxann Wedegartner. The finance director, accountant, treasurer/collector and two clerks are among at least a dozen municipal employees who have resigned or been terminated from their positions in the last nine months, city officials and employees said.”

THE LOCAL ANGLE

— “Poor parent behavior leads to Pentucket superintendent issuing statement,” by Matt Petry, The Newburyport News: “Two incidents of parents allegedly breaching school security and confronting other parents last week resulted in School Superintendent Justin Bartholomew issuing a strongly worded statement as well as asking police to investigate one of the confrontations.”

— “Protest planned after Gaza ceasefire resolution blocked from Worcester City Council agenda,” by Marco Cartolano, Telegram & Gazette:  “After the city clerk's office declined to place a petition requesting support for a ceasefire in the Israel-Hamas war on the agenda for the Tuesday City Council meeting, the multi-faith coalition behind the petition is planning a protest at City Hall before the meeting.”

MEDIA MATTERS

— “GBH replaces morning radio co-hosts, announces relaunch of 'Basic Black',” by Don Seiffert, Boston Business Journal: “GBH 89.7 FM is replacing the two millennial co-hosts of its morning radio program two-and-a-half years after they took over the role. The Boston nonprofit behind one of the area's two public radio stations said Monday that Paris Alston and Jeremy Siegel, who debuted as hosts of Morning Edition in 2022, are moving onto new roles. … GBH said news reporter Mark Herz, who is 63, will step in as interim host of Morning Edition at a new time, 6 a.m. to 10 a.m. (it now runs 5 a.m. to 10 a.m.).”

HEARD ‘ROUND THE BUBBLAH

TRANSITIONS — Dr. Luu Ireland will serve as the new chief medical officer of Planned Parenthood League of Massachusetts.

HAPPY BIRTHDAY — to state Rep. John Rogers, Jonathan Carvalho, Jenna Lamond, Atlantic Council’s Trey Herr, Lindsay Kalter and Connor Meoli.

 

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DEMOCRACY DOCKET: My tip sheet: three court victories, two cases to watch CORPORATE MEDIA IS NOT REPORTING REPUBLICAN VOTER SUPPRESSION!

 


When Donald Trump named Michael Whatley as his choice to replace Ronna McDaniel, Whatley promised to “work around the clock to file aggressive litigation.” Over the course of the last several months we have seen him make good on that promise.

So far this year, there have been more than 180 voting and election lawsuits filed in 38 states. Most of them — more than 110 — have been filed by the Republican Party and its allies that are aimed at making voting harder, election administration more difficult and free and fair elections less certain.

In recent days, election observers and political pundits have started to publicly fret about what this means for the period after the election. With the memory of the 2020 post-election still fresh, predictions about what will happen after the polls close on Nov. 5 have become a regular topic of conversation on political talk shows and in the national media.

Absent from many of those discussions, however, are some basic facts we know:

1. In 2020, Donald Trump and his allies filed more than 60 lawsuits to overturn the election results in six states: Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin. He lost nearly every case and failed to change the vote count in any one of those states.

2. Five of those six states now have Democratic, or Democratic-appointed secretaries of state and attorneys general. Four have Democratic governors.

3. A new law limits the ability of state legislatures or Congress to alter the certified results.

4. Joe Biden, not Donald Trump, is the president.

There is one other important fact that we need to keep in mind. Though Republicans are filing lawsuits at an unprecedented rate, they are also losing at a similar rate. Last week, for example, the RNC lost voting cases in Pennsylvania and Nevada, while Democrats won key victories in Georgia and Nebraska.

No one knows how the election will turn out. No one can predict with certainty what litigation will or won’t arise afterward. However, if the past is prologue, Republicans will use the courts to try to shape a pro-Trump narrative — which usually includes claiming how unfair it is that he lost in court. Democrats, on the other hand, will litigate to protect voters and our elections. Their relative track records speak for themselves.

My tip sheet is exclusive to members only — if you want my insights into the cases I think are most likely to impact the election, consider upgrading to our premium membership today.

At $120/year, your contribution will not only unlock premium content like this, but you will also join thousands of readers in supporting Democracy Docket’s team of 16. We couldn’t do this work without our members and with only a few weeks left until the election, your support would go a long way.

Inside this week’s tip sheet:

  • What’s next for the seven lawsuits against the Georgia State Election Board


  • The 5th Circuit’s hotly anticipated decision


  • The Trump campaign’s Nevada lawsuit is due for a decision


  • Republicans’ latest target (it’s not who you’d think)


  • An overlooked win in Florida

Want to read the rest? Members will always receive my weekly tip sheet — plus breaking news alerts as decisions comes down — so make sure you upgrade today!

First Amendment Rights for Everyone Except Abortion Supporters

 

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Floridians have the option to protect abortion during this election by voting “yes” on Amendment 4, which reads, “No law shall prohibit, penalize, delay or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.” But apparently, Florida Governor Ron DeSantis doesn’t want Floridians to hear arguments in favor of the measure.

Currently, abortion is prohibited after six weeks in the state, making it all but inaccessible, as few women know they are pregnant that early. Exceptions for rape and incest are available until 15 weeks, but access depends on “documentation.” And, as in other states where exceptions for the patient’s health exist, confusion and fear of legal action mean care isn’t always forthcoming.

But Floridians Protecting Freedom (FPF), the coalition supporting the adoption of Amendment 4, had to go to court last week to protect its ability to run ads in support of the measure. They sued Florida’s state health department in federal court, alleging it shut down a television ad they placed.

In the ad, a woman identified as Caroline from Tampa, Florida, explains she was diagnosed with brain cancer while pregnant. “The doctors knew if I did not end my pregnancy, I would lose my baby, I would lose my life, and my daughter would lose her mom,” she says, adding, “Florida has now banned abortion even in cases like mine.”

That’s where things got dicey. We’re used to political battles over what laws a state should adopt when it comes to abortion, but here, the state of Florida injected itself into the election, using state agencies and state funding to try and prevent the measure from passing. The Florida health department sent cease-and-desist letters to local news stations to keep them from running the ad. A University of North Florida poll indicates that 60% of voters support Amendment 4. That is both the threshold of votes in favor it would need to become law and a number that could have interesting implications for the presidential race in Florida.

The First Amendment prohibits the government from placing prior restraints on speech, and core political speech, like the debate over adopting a constitutional amendment, is highly protected. Jessica Rosenworcel, the Federal Communications Commission chair, condemned the cease-and-desist letters, saying, “The right of broadcasters to speak freely is rooted in the First Amendment. Threats against broadcast stations for airing content that conflicts with the government’s views are dangerous and undermine the fundamental principle of free speech.”

The cease-and-desist letters were signed by John Wilson, who was the general counsel for the health department until he resigned several days after sending the letters. Today we learned more when he filed an affidavit in the case, where he swore under oath that Governor Ron DeSantis’ office ordered him to send out the letters and that he subsequently resigned rather than send out more of them. This would seem to put responsibility squarely on the governor’s doorstep.

A federal judge has already issued a temporary restraining order that prevents the state from sending additional letters. Chief Judge Mark Walker in the Northern District of Florida wrote in his order that the state had engaged in “unconstitutional coercion.” Judge Walker wrote, “Whether it’s a woman’s right to choose, or the right to talk about it, the First Amendment prohibits the State of Florida from trampling” on the First Amendment rights of freedom of choice advocates.

DeSantis, who clearly has higher political ambitions, although he failed to best Donald Trump in the Republican primary, is rightly viewed as an archconservative. That’s his right, and it’s the right of Florida voters to elect him if they choose to. But what he can’t do is use his state authorities—and taxpayer dollars—to advance his own political agenda in violation of the First Amendment. At this juncture, the courts have reined him in. That’s something we need more of—courts constraining unlawful behavior by politicians before they get too far down the road with it. But for all the focus on the presidential race, it’s clear that the culture Trump has enabled extends beyond him and that restoring democracy after the election will involve work that extends beyond Washington, D.C.

Thanks for being here with me at Civil Discourse and reading the newsletter. If you’re not already a paid subscriber, I hope you’ll decide to become one if you’re able to. Your paid subscriptions make it possible for me to devote the time and resources necessary to do this work and I appreciate your support!

We’re in this together,

Joyce


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