On Friday, American Oversight and the Wisconsin Office of Special Counsel (OSC) settled a lawsuit American Oversight filed in 2022 concerning the OSC’s failure to retain and produce public records in accordance with state law.

• As part of the settlement, the OSC acknowledged violating the state’s Public Records Retention Law and confirmed that it will comply with the law going forward and preserve public records as required by that law. 
• The OSC also agreed not to delete or destroy any of its records other than in compliance with any record retention schedule approved by the state public records board.

If approved by the court, Friday’s filing will take the form of a judgment that will bind the OSC in the future, should the office ever reopen. The judgment may also be instructive for other public bodies that, like the OSC, contend they are not subject to the Public Records Retention Law.

• “We are pleased the Wisconsin Office of Special Counsel has finally acknowledged it is subject to the state’s records retention law and more importantly, that it has stopped destroying records that should have been preserved,” said Chioma Chukwu, Deputy Executive Director of American Oversight. “This settlement is a victory not just for us, but for the people of Wisconsin who are entitled to these documents. It’s imperative that all Wisconsin agencies follow the law by preserving access to public records.”

On the Records

Michigan Fake Electors
Michigan recently began preliminary examinations of six of the 16 Michiganders who signed fake electoral certificates as part of the effort to undo Donald Trump’s 2020 election loss. This week, Dan Schwager — American Oversight’s former chief counsel who previously worked for the secretary of the U.S. Senate — testified that the Michigan fake electoral certificate made it to the Senate but lawmakers did not attempt to have the document formally considered. 

• “You could tell…that it was not an actual or authorized certificate of votes,” Schwager said. 
• We first obtained copies of the fraudulent electoral certificates— from Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania, and Wisconsin — in March 2021. 
• More recently, we obtained emails from early 2021 showing the National Archives and Records Administration alerted officials in several states that the fake certificates had been submitted.

Kentucky Anti-Transparency Bill
American Oversight released a statement arguing against the enactment of Kentucky House Bill 509, which was introduced this week and would drastically alter the state’s public records law by changing the legal definition of a public record and shielding certain types of government records from public review. 

• “This proposed bill would effectively gut the Kentucky Open Records Act, which was enacted to recognize that ‘free and open examination of public records is in the public interest,’” Chukwu said. “In the last few years, the legislature has methodically chipped away at this vital public benefit in an effort to keep members of the public in the dark about the actions of those who represent them.
• This is not the first time Kentucky’s legislature has made significant changes to public records law – in 2021, the law was changed to limit records requests only to Kentucky residents and restrict access to many records generated by the legislature.
• “This bill, if enacted, would result in perhaps the most extreme change yet by devastating the very definition of what constitutes a public record and severely limiting what records are even available to the public,” Chukwu said.

Other Stories We’re Following

Election Denial and Threats to Democracy

• Following the paper trail: How Cochise County got stuck with 10 tons of ballot paper it can’t use (Votebeat)
• Election denial can’t overcome election certification protections (Brennan Center)
• Ex-academic forges a new career rallying Trump faithful behind voter-fraud claims (Reuters)
• County election officials call for more funding, better security ahead of 2024 elections (Roll Call)

Voting Rights

• Voters challenge Minnesota’s absentee ballot witness requirement (Democracy Docket)
• Controversial elections security bill could see changes (Indiana Capital Chronicle)
• North Carolina voter ID trial rescheduled again for spring in federal court (Associated Press)
• Judge rules that restrictions on after-hour drop boxes don’t keep Floridians from voting (Associated Press)
• Republican-led Legislature passes Tony Evers drawn election maps, putting decision in governor’s hands (Milwaukee Journal Sentinel)
• Iowa bill would ban absentee ballot drop boxes and prevent attempts to keep Trump off the ballot (Iowa Public Radio)

In the States

• Maricopa County chief deputy sheriff and longtime Republican appointed as new sheriff (Arizona Central)
• Panel removes two members of the Oklahoma County Election Board (Oklahoma Voice)
• Lawmakers aim to outsource Iowa audits. Auditor’s office says it’s ‘recipe for corruption’ (Des Moines Register)
• The Texas elections that will shape policing and punishment this year (Bolts)
• RNC confirms Pete Hoekstra as Michigan chair after power struggle (Washington Post)

National News

• House GOP impeaches Mayorkas after previous vote failure (Politico)
• Senate investigation ‘casts fresh doubt’ about the validity of Harlan Crow’s yacht tax deductions (ProPublica)
• Senate Judiciary Committee has yet to subpoena Harlan Crow or Leonard Leo (ProPublica)
• Ex-FBI informant is charged with lying over Bidens’ role in Ukraine business (New York Times)

LGBTQ Rights

• ‘Women’s Bill of Rights’ policies could impact daily lives of transgender community (ABC News)
• Schools, birth certificates: Kris Kobach’s expanding fight against trans rights in Kansas (Kansas City Star)
• Trans adults on edge as legislatures broaden focus beyond children (Washington Post)
• Transgender patient whose gender-affirming surgery was canceled is suing Children’s Hospital Colorado (Colorado Sun)

Abortion and Reproductive Rights

• Abortion pills that patients got via telehealth and the mail are safe, study finds (NPR)
• A Tennessee House panel advances a bill that would criminalize helping minors get abortions (Associated Press)
• A company tracked visits to 600 Planned Parenthood locations for anti-abortion ads, senator says (Politico)
• Iowa medical board has finalized rules for state’s 6-week abortion ban (Des Moines Register)
• Florida civil lawsuit bill could create ‘fetal personhood,’ worrying some activists (Tallahassee Democrat)
• Kansas bill would require abortion seekers be asked for reasons before terminating pregnancy (Kansas Reflector)
• Legislation would require Health Department to make video interpreting state’s abortion ban (News from the States)
• The year after a denied abortion (ProPublica)

Threats to Education

• Florida may copy a Texas law bringing chaplains to public schools, despite First Amendment concerns (News from the States)
• Georgia Senate panel approves bill to control how private schools address gender (Atlanta Journal-Constitution)
• A bill that could lead to librarians facing jail time heads to full House for vote (News from the States)
• College faculty overwhelmingly opposed to bill seeking to end ‘viewpoint discrimination’ (News from the States)
• Indiana teachers call attorney general’s ‘Eyes on Education’ portal dangerous (Guardian)
• ACLU sues Virginia Department of Education over transgender policies (Virginia Mercury)

Government Transparency and Public Records Law

• Public records in Colorado could become not-so-public under bill (Colorado Public Radio)
• Top DeSantis aides could be deposed as part of travel records lawsuit (Politico)

Immigration

• Georgia GOP Gov. Brian Kemp says he will aid Texas governor’s border standoff with Biden (Associated Press)
• Texas and Biden administration lawyers face off in court over new law making illegal border crossing a state crime (Texas Tribune)
• ‘There was a lot of anxiety’: Florida’s immigration crackdown is causing patients to skip care (Politico)

Trump Accountability and Jan. 6 Investigations

• Verdict in Donald Trump’s civil fraud trial expected Friday, capping busy week of court action (Associated Press)
• What’s at stake in Trump’s hush-money criminal case? Judge to rule on key issues as trial date nears (Associated Press)
• Judge sets a March 25 trial for Trump’s criminal hush-money case (New York Times)
• Donald Trump just got the green light to return to Wall Street (CNN)
• Trump asks Supreme Court to block ruling he lacks immunity in January 6 criminal case (CNN)
• Cowboys for Trump’ founder is hoping a Supreme Court ruling on ballot eligibility could help him, too (NBC News)
• Docs obtained by TPM show Trump lawyers’ plan to make Jan. 6 last for days on end (Talking Points Memo)