** Newsletter: Attacks on Public Records Access in the States

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On the heels of a bill in Kentucky that ignited outrage for its attempt to upend the state’s public records law, legislators in Utah have introduced a bill of their own that threatens access to elected officials’ calendars.

American Oversight released a statement condemning Utah Senate Bill 240, which would undermine the state’s public records laws by exempting local and state officials’ calendars from release.
* “The people of Utah are entitled to know how their elected representatives spend their time and with whom they meet,” said Executive Director Heather Sawyer. “Publically available calendars are an essential tool for holding our officials accountable, and this bill is a shameless attempt to allow officials to hide their activities from public view.”


The measure was introduced just days before Utah Attorney General Sean Reyes’ office is scheduled to appear in a lawsuit ([link removed]) regarding the release of his calendars. The State Records Committee previously ruled that Reyes’ calendars, requested by a reporter at KSL News last year, are public records subject to release. But Reyes is now asking a court to overrule that decision.

The Kentucky bill, HB 509, would have dramatically changed the definition of a public record, shielding several types of documents from the public, including preliminary drafts and emails exchanged among officials.
The bill was met with widespread criticism from media and transparency advocates ([link removed]) . Earlier this week, its sponsor, state Rep. John Hodgson, said that he plans to revise the bill ([link removed]) to remove the section redefining public records. Read our statement ([link removed]) from last week here.

On the Records

Voter Roll Maintenance in Virginia
A bill ([link removed]) approved by the Virginia Senate ([link removed]) this week would require the state to re-enter the Electronic Registration Information Center (ERIC), a nonpartisan system used to maintain accurate voter rolls across the country.

Virginia became the eighth state to withdraw from ERIC ([link removed]) in May 2023 amid a nationwide misinformation campaign from prominent election deniers who attacked ERIC with baseless claims about funding and partisanship.
* American Oversight has been investigating the right-wing pressure campaign, and records we obtained — outlined in our report here ([link removed]) — shed light on how Trump allies and conservative activists have taken advantage of the withdrawals to pitch severely flawed alternatives, and how election officials defended ERIC behind the scenes but are now scrambling to find viable replacements.
* Records we obtained from Virginia show that in September 2023, the state paid nearly $29,000 ([link removed]) to access voter data used to clean voting rolls — data that would have been accessible through ERIC.


‘A Possible Discreet Assignment’
On Thursday, House Judiciary Committee Ranking Member Jerrold Nadler sent a letter to Attorney General Merrick Garland that cited documents obtained by America Oversight. The letter ([link removed]) asks Garland to investigate what he says appears to be misleading testimony provided by Scott Brady, the former U.S. Attorney for the Western District of Pennsylvania, whose office had been ([link removed]) charged in early 2020 with receiving supposed information from Rudy Giuliani about Ukraine and the Bidens.
* The documents we obtained, referenced in the letter, include a January 2020 email from Seth DuCharme, then a counselor to Attorney General Barr, to Brady, asking Brady whether he had time “for a quick call today in re a possible discreet assignment” from the attorney general and deputy attorney general. Read about those records here. ([link removed])


Other Stories We're Following

Election Denial and Threats to Democracy
* Prominent election deniers are running again in 2024, but some have toned down their claims (NBC News ([link removed]) )
* Election officials in the U.S. face daunting challenges in 2024. And Congress isn’t coming to help (Associated Press ([link removed]) )
* Loss of dozens of experienced election officials could mean trouble for Pennsylvania’s 2024 election (Votebeat ([link removed]) )
* GOP criticism of top cybersecurity agency could hurt election security (Axios ([link removed]) )
* My Pillow CEO Mike Lindell must pay $5 million to election data debunker, federal judge confirms (CNN ([link removed]) )
* Ongoing conspiracies pushed out the elections staff in this Texas county. The new director won’t budge (Votebeat ([link removed]) )


Voting Rights
* U.S. Supreme Court rejects case on Kentucky felon voting rights (Louisville Courier Journal ([link removed]) )
* Gov. Tony Evers signs new election maps, ending Wisconsin Republicans' grip on legislative power (Milwaukee Journal Sentinel ([link removed]) )
* GOP backs voting by mail, yet turns to courts to restrict it in battleground states (Stateline ([link removed]) )
* Tarrant County rejects free rides to the polls program ahead of the Texas primaries (KERA North Texas ([link removed]) )
* Voting rights advocates call for removal of Election Commissioner Spindell (Wisconsin Examiner ([link removed]) )


In the States
* Senate Republicans have spent over $400k in surveillance lawsuit targeting Green Bay mayor (Wisconsin Examiner ([link removed]) )
* Lawyer who's worked with Kari Lake, Paul Gosar and Sarah Palin set for new job in Arizona government (Arizona Republic ([link removed]) )
* Maui fire survivors struggle to find long-term housing, half a year after the blazes (NPR ([link removed]) )
* Missouri Senate approves measure to make it harder for voters to amend state constitution (Kansas City Star ([link removed]) )
* DeSantis calls takeover of Disney government a ‘success’ despite worker exodus, litigation (Associated Press ([link removed]) )
* Tennessee Constitution allows tickets to legislative session, says attorney general (News from the States ([link removed]) )
* St. Louis police chief receives a third of his pay from a local foundation, raising concerns of divided loyalties (ProPublica ([link removed]) )


National News
* Tax records reveal the lucrative world of Covid misinformation (Washington Post ([link removed]) )
* College admissions face new turmoil after Biden’s Education Department fumble (Politico ([link removed]) )


LGBTQ Rights
* Tennessee governor signs bill allowing public officials to refuse to perform same-sex marriages (The Hill ([link removed]) )
* Iowa Senate passes 'religious freedom' bill that Democrats call 'blank check to discriminate' (Des Moines Register ([link removed]) )
* Idaho asks Supreme Court to allow enforcement of gender-affirming care ban (The Hill ([link removed]) )
* Maryland House committee to hear bill restricting gender-affirming care for children (CBS News ([link removed]) )
* In Congress and courts, a push for better care for trans prisoners (Roll Call ([link removed]) )
* House committee holds hearing on bill codifying definition of man, woman (News from the States ([link removed]) )


Abortion and Reproductive Rights
* Alabama rules frozen embryos are children, raising questions about fertility care (New York Times ([link removed]) )
* Conservatives are already using Alabama’s ‘frozen embryos are children’ ruling to go after abortion (Vanity Fair ([link removed]) )
* 2 more Alabama clinics pause IVF fertility treatment after court ruling (ABC News ([link removed]) )
* Bible-quoting Alabama chief justice sparks church-state debate in embryo ruling (Associated Press ([link removed]) )
* Republican DA asks Wisconsin Supreme Court to decide abortion lawsuit without lower court ruling (Associated Press ([link removed]) )
* Kansas lawmakers can’t ban abortion, but here’s what they might do instead (KMUW Wichita ([link removed]) )
* Disabled Texans face more barriers to accessing abortion (Texas Tribune ([link removed]) )
* Dozens of Idaho obstetricians have stopped practicing there since abortions were banned, study says (Associated Press ([link removed]) )
* 'Something needs to change.' Woman denied abortion in South Carolina challenges ban (NPR ([link removed]) )
* Republican states can't join appeal in abortion pill case, Supreme Court rules (Reuters ([link removed]) )
* GOP lawmakers try to thwart abortion rights ballot initiative in South Dakota (Associated Press ([link removed]) )


Threats to Education
* ‘Divisive concepts,’ anti-DEI bill passes Alabama Senate (Alabama Reflector ([link removed]) )
* Oklahoma colleges still determining impact of Stitt’s diversity, inclusion order (Oklahoma Voice ([link removed]) )
* Wisconsin Assembly passes constitutional amendment to limit diversity efforts (Associated Press ([link removed]) )
* Georgia Senate considers controls on school libraries and criminal charges for librarians (Associated Press ([link removed]) )
* Conservatives push back at GOP effort to regulate gender content in Georgia private schools (The Hill ([link removed]) )
* Georgia confirms firing of teacher who read book about gender identity to class (Axios ([link removed]) )


Civil Rights
* GA legislators seek to ban life without parole for juveniles following AJC investigation (Atlanta Journal-Constitution ([link removed]) )
* Michigan State Police releases independent report on racial bias, ACLU calls it ‘concerning’ (Michigan Advance ([link removed]) )
* Judge says Texas school district can punish Black student for length of his hairstyle (Texas Tribune ([link removed]) )


Immigration
* The White House is weighing executive actions on the border — with immigration powers used by Trump (Associated Press ([link removed]) )
* Texas has spent more than $148 million busing migrants to other parts of the country (Texas Tribune ([link removed]) )
* Ken Paxton sues to revoke an El Paso nonprofit’s state registration after it didn’t immediately hand over client records (Texas Tribune ([link removed]) )
* Trump and allies planning militarized mass deportations, detention camps (Washington Post ([link removed]) )


Trump Accountability and Jan. 6 Investigations
* Supreme Court allows sanctions against Trump-allied lawyers over 2020 election lawsuit (NBC News ([link removed]) )
* Ex-Trump aide Navarro faces contempt in White House email records fight (Washington Post ([link removed]) )
* How judges in DC federal court are increasingly pushing back against Jan. 6 conspiracy theories (CBS News ([link removed]) )
* Trump’s lawyers call for dismissal of classified documents case, citing presidential immunity (Associated Press ([link removed]) )

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