More elections 'transparency'

From: POLITICO New Jersey Playbook - Friday Nov 03,2023 10:57 am

Nov 03, 2023

View in browser

By Matt Friedman

Presented by

Good Friday morning!

Let’s talk about loopholes to the Elections Transparency Act.

While the new law requires independent expenditure groups to register with ELEC and disclose their donors, there are some ways around it. You may have already read my rant about how it eliminated 48-hour reports, which in a significant way actually made New Jersey’s elections less transparent. But groups are taking advantage of another loophole in the reporting threshold.

Here’s the deal: Independent expenditure groups only have to report donations over $7,500. Anything under that can be kept secret. It’s effectively dark money.

This month, a group called “Patriots for Progress” raised $77,000. That doesn’t sound like a lot, until you see it’s spending that money to help former Republican Sayreville Mayor Kennedy O’Brien stage his comeback this year. That’s a lot of cash if it’s all going into an election in one relatively small town. So who are the donors? I don’t know, because according to the group’s reports they all gave under the threshold.

Patriots for Progress first registered with the IRS as a political non-profit in July. At the time, its president was John Krenzel, the outgoing mayor of South River. I called Krenzel, who took a little while to remember what the group was, but then recalled that O’Brien himself had approached him about starting it up.

Now Sayreville Democrats are alleging in an online video that the group is connected to former Gov. Chris Christie’s consulting firm that employs his wife and several members of his administration. Interestingly, Christie 55 Managing Director Bob Martin, the former DEP Commissioner under Christie, emailed councilmembers about a development project the firm represents just a few days after the PAC registered with the IRS.

Is there a connection? I’ve asked but haven’t gotten an answer. That’s the thing about dark money. There’s really no way to tell.

TIPS? FEEDBACK? Email me at mfriedman@politico.com.

QUOTE OF THE DAY: “They seem to be hell-bent on gutting OPRA” — Open records advocate John Paff on a lame-duck effort to overhaul the Open Public Records Act

HAPPY BIRTHDAY: John Catalano, Rocco Mazza.

WHERE’S MURPHY? In Oceanport at 11 a.m. for a “major jobs” announcement with the Netflix CEO.

A message from Alibaba:

U.S. companies sold $66 billion worth of goods last year through Alibaba’s global online marketplace, including New Jersey-based companies Nuria and Phyto-C. These sales are helping local businesses grow and having a major economic impact – adding $1.2 billion to New Jersey’s economy, supporting 10,000 local jobs and $694 million in wages. Learn more about how Alibaba is positively impacting New Jersey’s economy.

WHAT TRENTON MADE

ØRSDEAD — Orsted moves to keep $300 million Murphy says is New Jersey’s, by POLITICO’s Ry Rivard: Orsted, the Danish energy company that this week canceled plans to build two massive offshore wind farms in New Jersey, is moving to keep $300 million Gov. Phil Murphy says the company owes the state. A company letter this week to state utility regulators is another sign of a high-stakes dispute brewing between Murphy and the company he was counting on to meet his clean energy goals. In the letter, Orsted said the state Board of Public Utilities “has not issued a final approval” of a compliance filing the company made about the money. Orsted appears to be readying an argument that the deal was therefore not cemented … In response, BPU spokesperson Peter Peretzman said the agency “diligently reviewed” filings from the company in September and October. “NJBPU is evaluating Orsted’s recent statements and correspondence, and will take any and all actions necessary to enforce its rights,” he said in a statement to POLITICO.

— “Can NJ Democrats spin their wind power debacle? They're facing rough seas,” by The Record’s Charles Stile.

—“Bucco, Testa smack Murphy for keeping Orsted news secret”

LAME DUCK TO GET LAMER — “N.J. legislators targeting Open Public Records Act for revisions during lame-duck session,” by Deborah Howlett for Jersey Vindicator: “Democratic State Sen. Paul Sarlo is leading an effort to substantially revise New Jersey’s Open Public Records Act, with a plan to push through changes during the two-month ‘lame duck’ session after the November election. While bills have not yet been drafted, according to Christopher Eilert, Sarlo’s top aide, the focus of the legislative changes likely will be on reining in the number of OPRA requests that affect more than 1,100 state, county and local agencies, especially requests made by private parties and commercial users, and shifting appeals of OPRA denials from the courts to an expanded Government Records Council. Revisions also likely will affect the Open Public Meetings Act, too, providing elected board subcommittees more latitude to meet behind closed doors … Good government advocates are fearful that the ‘revisions’ will decimate OPRA/OPMA and undermine the public’s right to be fully informed about their government and elected officials. A coalition of more than 30 state and local groups, including the ACLU, the Working Families Party, and the League of Women Voters, held a meeting last week.”

—“Civil rights group sues New Jersey to stop secret storage, use of baby blood spots”

GO INSIDE THE CAPITOL DOME: From the outset, POLITICO has been your eyes and ears on Capitol Hill, providing the most thorough Congress coverage — from political characters and emerging leaders to leadership squabbles and policy nuggets during committee markups and hearings. We're stepping up our game to ensure you’re fully informed on every key detail inside the Capitol Dome, all day, every day. Start your day with Playbook AM, refuel at midday with our Playbook PM halftime report and enrich your evening discussions with Huddle. Plus, stay updated with real-time buzz all day through our brand new Inside Congress Live feature. Learn more and subscribe here.

Biden's Beltway

UNFETTERED MAN — Fetterman makes his move against scandal-plagued Menendez, by POLITICO’s Ursula Perano: John Fetterman is escalating a push to ensure fellow Democratic Sen. Bob Menendez (D-N.J.) faces consequences for his indictment on bribery charges. Fetterman (D-Pa.) on Thursday proposed internal sanctions for any senator who is indicted for offenses such as mishandling classified information, being charged as a foreign agent or compromising national security. His resolution would strip any senator facing those charges of their committee assignments, access to classified information or briefings, power to request earmarks and power to use government funds for international travel. The progressive's plan, first shared with POLITICO, doesn’t mention Menendez’s name. But its meaning is clear.

DIDN’T SANTOS’ ELECTION ALREADY DO THAT? — “Rep. Menendez: Voting to expel Rep. George Santos would’ve set ‘a bad precedent,’” by Hudson County View’s John Heinis: “U.S. Rep. Rob Menendez (D-8) says that he didn’t vote to expel U.S. Rep. George Santos (R-NY) because it would’ve ‘set a bad precedent for this institution.’ ‘Last night, I joined over 30 of my House Democratic colleagues to prevent what we believe would be a bad precedent for this institution. In the history of our country, only five Members of Congress have been expelled, three for joining the Confederacy, two after being convicted of serious crimes,’ Menendez said in a statement.”

TIME FOR SOME TRUMP PROBLEMS IN THE PELOPONNESE — Christie promises donors his ‘spartan’ campaign is in it for the long haul, by POLITICO’s Sally Goldenberg: Chris Christie's campaign is telling donors a "spartan" approach to spending and uncompromising attacks on Donald Trump will keep in the race as the Republican presidential field begins to winnow. “Trump’s conduct has proven that he is unfit to be president again. Chris Christie is the only one willing to make that case,” the Christie team asserts in a 38-slide presentation presented to the pro-business American Opportunity Alliance in recent weeks and shared with POLITICO. “While every other candidate is afraid to take on Trump, only Christie recognizes you must confront the frontrunner to win.”

PUNISHING THE DONOR STATES — Northeast Republicans chafe at Amtrak cuts in rail bill, by POLITICO’s Alex Daughery, Tanya Snyder and Nicholas Wu: The House is currently scheduled to vote Friday on H.R. 4820 (118), a bill that would cut billions from grant programs at the Department of Transportation and slash sustainability-related transportation initiatives championed by the Biden administration. But it would also cut Amtrak funding by about $1.5 billion to $876 million in fiscal 2024. Those cuts have drawn opposition from some House Republicans, mostly members in districts in or near Amtrak's busy Northeast Corridor. In September, a group of eight Republicans joined dozens of Democrats on a letter to protest the rail cuts — enough Republicans to potentially tank the funding bill on the floor if all Democrats join in opposition … The eight Republicans who signed onto the September letter are Fitzpatrick, Molinaro, Bacon, Rep. Mike Lawler (R-N.Y.), Rep. Nicole Malliotakis (R-N.Y.), Rep. Tom Kean (R-N.J.), Rep. Andrew Garbarino (R-N.Y.) and Rep. Lori Chavez-DeRemer (R-Ore.).

—Steinberg: “Orsted withdrawal harpoons nascent Tammy Murphy Senate campaign”

—Andy Kim and Ed Potosnak: “11 years after Superstorm Sandy, we’re still working to curb the worst effects of climate change”

A message from Alibaba:

LOCAL

CRAIG GUY UPDATE — One looming question over the whole Craig Guy DUI case is why the trooper who pulled him over didn’t show up to court, which resulted in a not guilty ruling. Yesterday, a State Police spokesman Sgt. Charles Marchan sent me this statement: “The subpoena for trial was never served on the trooper who effectuated the DUI arrest. Elizabeth Municipal Court repeatedly sent the subpoena to a station to which the relevant trooper was never assigned and a station which had no association with the incident at issue." Here’s an excerpt from my initial September article on Guy’s trial describing what the prosecutor said: “I texted him on Friday and advised him that we have a live trial this [Monday] morning, the name of the case, and asked him to call me. I didn’t get a response. And then I texted him again this morning with the same message. I didn’t get a response," Carroll said. Carroll said he called the Newark barracks, where [M.A.] Colon was based, and was told the trooper was unavailable because he had worked the previous night and was scheduled to work that night. He said he asked the Barracks to have Colon reach out to him, but did not hear back. "I would suspect he’s asleep right now since he worked last night and is scheduled to work tonight," Carroll said.

WHEN ARTIFICIAL INTELLIGENCE MEETS TEENAGE BOYS’ LACK OF INTELLIGENCE — “Fake Nudes of Real Students Cause an Uproar at a New Jersey High School,” by The Wall Street Journal’s Julie Jargon: “When girls at Westfield High School in New Jersey found out boys were sharing nude photos of them in group chats, they were shocked, and not only because it was an invasion of privacy. The images weren’t real. Students said one or more classmates used an online tool powered by artificial intelligence to make the images, then shared them with others. The discovery has sparked uproar in Westfield, an affluent town outside New York City … The lack of clarity on such images’ legality—and how or whether to punish their makers—has parents, schools and law enforcement running to catch up as AI speeds ahead … . In a local Facebook group, some called for harsh punishment for whoever created the images. Others deemed it a youthful transgression that should be forgiven. The debate and its aftermath are likely to continue for months. Westfield police are investigating, and a state senator has asked county prosecutors to look into the case.”

FORCED INNING — “N.J. teacher shut 4th grader in closet for laughing, lawsuit says,” by NJ Advance Media’s Anthony G. Attrino: “The parents of an elementary school student in Monmouth County have filed a lawsuit against the district alleging a teacher forced the child into a storage closet as punishment for laughing in class. The incident allegedly occurred on April 8, 2022, in a music class at Central Elementary School in Wall Township, according to a lawsuit.”

A STERLING REPUTATION — “Atlantic City officer acquitted in 2013 dog maul case now charged with assault,” by The Press of Atlantic City’s Eric Conklin: “An Atlantic City police officer acquitted in 2022 of excessive forcing involving a K-9 over is now accused in Pennsylvania of assaulting his ex-girlfriend. Sterling Wheaten, 39, is charged by Yardley, Pa. police with simple assault, strangulation and harassment, according to Pennsylvania court records. Atlantic City police have been advised by Yardley of the charges. 'Wheaten was immediately suspended without pay pending the outcome of the matter,' Lt. Kevin Fair, Atlantic City's public information officer, said in a statement Thursday …. He was charged by the U.S. Attorney's Office over violating the constitutional rights of David Castellani of Linwood during a 2013 encounter. Castellani, then 20, was being restrained by officers outside Tropicana Atlantic City when Wheaten and his police dog arrived as backup. During the incident, which was captured on video, the dog bit Castellani while he was being apprehended, injuring him.”

—“Shore towns take victory lap at collapse of wind deal while others seethe”

—“Newark adopts controversial zoning changes encouraging development”

—Snowflack: “White [Township] fright”

—“[Point Pleasant Beach] Judge faces ethics complaint for being pro-cop on Facebook”

—“How can Asbury Park, Neptune stop ferocious lake flooding? Options under consideration”

—“After a 20-year NIMBY battle, Haddonfield is building its first-ever affordable townhouses for families”

—“Carlstadt health aide faces charges over death of disabled man in East Hanover”

PLAYBOOK IS GOING GLOBAL! We’re excited to introduce Global Playbook, POLITICO’s premier newsletter that brings you inside the most important conversations at the most influential events in the world. From the buzzy echoes emanating from the snowy peaks at the WEF in Davos to the discussions and personalities at Milken Global in Beverly Hills, to the heart of diplomacy at UNGA in New York City – author Suzanne Lynch brings it all to your fingertips. Experience the elite. Witness the influential. And never miss a global beat. BE PART OF THE CONVERSATION. SUBSCRIBE NOW.

EVERYTHING ELSE

ANIMAL WELFARE — “Sick puppies. Healthy profits: The secret N.J. pet stores don’t want you to know? Many of their adorable dogs come from puppy mills.,” by NJ Advance Media’s Keith Sargeant: “Harrowing stories of gravely ill puppies pawned off on unsuspecting families — often for thousands of dollars — are all too common in New Jersey, NJ Advance Media learned over the course of a six-month investigation into the puppy mill pipeline into the Garden State. An analysis of more than 1,000 documents reveals a secret the state’s pet store industry doesn’t want the public to know: Many of the adorable pups staring back at you through the window likely came from a puppy mill. Compounding the problem is a deeply flawed and patchwork system of oversight that leaves animal lovers with essentially no idea whether the dogs bought at their local store were sourced from the factory-like farms, the investigation found. From 2019 to 2021, at least eight of New Jersey’s 18 licensed dog-selling stores obtained puppies from breeders recently cited by federal and state enforcement agencies … The citations ranged from a puppy with its leg ripped off, to a Maltese found frozen to death in a doghouse, to the disposal of “unwanted” pups by shooting them.”

ISRAEL — “For NJ Holocaust survivors, horrors of Hamas attack revive old trauma: 'I am frightened,'” by The Record’s Deena Yellin: “When images emerged from Israel showing Hamas attackers storming the country on Oct. 7, memories of terror returned for Holocaust survivors like Fran. ‘It absolutely reminded me of what I went through,’ said the 85-year-old, who lives in Essex County. The news from Israel, and reports of rising antisemitism around the globe, have been so disturbing for Fran that she requested her last name not be used in this article, out of fear of reprisals. She was a child in Poland when the Nazis came to power. In June 1941, they invaded her hometown of Sokal, a city now part of Ukraine. The Nazis rounded up her father and other men, took them to the outskirts of town and shot them dead … Gail Belfer, director of holocaust survivor services and advocacy at Jewish Family & Children's Service in Cherry Hill, said the violence was ‘triggering for the Holocaust survivors in our community.’”

—“Cedar Fair and Six Flags will merge to create a playtime powerhouse in North America”

—“Netflix will have to knock down nearly 100 Fort Monmouth buildings to build movie studio”

—“Prudential to cut senior leader positions amid cost-cutting push”

—“Unchecked boater speeding poses deadly threat to migrating whales, study finds”

—“A bus ride that ended in a disabled teen’s death leads to charges against nurse”

A message from Alibaba:

New Jersey businesses, like Nuria and Phyto-C, are taking their businesses global by selling to consumers on Alibaba’s online marketplace.

“Our company experienced a 600% increase in revenue since selling on Alibaba,” Dr. Eddie Omar, CEO of Phyto-C, said. “Our partnership with Alibaba played a significant role in spurring the recent expansion of our manufacturing facilities. As a small business, none of this would have been possible without Alibaba.”

By partnering with Alibaba, American companies sold $66 billion worth of products globally last year. The impact of these sales reaches far beyond Main Street.

In New Jersey, sales of American products on Alibaba added $1.2 billion to the state economy in a single year, supporting 10,000 local jobs and $694 million in wages for local workers. Learn more about Alibaba’s positive impact on New Jersey’s economy.