Consultant charged in ‘dark money’ scheme is aiding GOP Michigan Supreme Court nominee’s campaign

BY JON KING, MICHIGAN ADVANCE

MICHIGAN—State Rep. Andrew Fink (R-Adams Twp.) has hired a consultant for his Michigan Supreme Court campaign who’s facing several charges, including a felony, related to an alleged “dark money” scheme involving a ballot question initiative put forth by Unlock Michigan, a group that opposed COVID health restrictions.

Heather Lombardini, a founder of Lansing-based consulting firm Bright Spark Strategies, was charged in February by Michigan Attorney General Dana Nessel with fundraising violations related to the Unlock Michigan petition that sought to repeal 1945 Emergency Power rules which Democratic Gov. Gretchen Whitmer utilized to curb the spread of COVID-19 in 2020. The Michigan Supreme Court later determined that rule was unconstitutional.

A check of Michigan’s Campaign Finance Database shows that Fink’s campaign paid more than $33,000 to Bright Spark Strategies in 2024, over $28,000 of that was in July alone. There also is a single $75 payment from the campaign in April 2024 directly to her listed as “campaign travel reimbursement.”

When asked by the Michigan Advance about Lombardini’s role, Fink sent a statement.

“Our justice system affords everyone the right to due process and the presumption of innocence until proven guilty. As a judicial candidate, I am prohibited from commenting on the merits of any ongoing case by the Michigan Code of Judicial Conduct,” he said.

A request for comment was also sent to Lombardini, but was not returned.

There are two Michigan Supreme Court seats on the Nov. 5 ballot and party control is up for grabs. Democratic-nominated justices have a 4-3 majority.

Fink is seeking a full, eight-year term for a seat left open by retiring Justice David Viviano, who was nominated by Republicans. Democrats have nominated University of Michigan law professor Kimberly Ann Thomas

Republicans also nominated Branch County Circuit Judge Patrick William O’Grady for a partial four-year term against incumbent Justice Kyra Harris Bolden, who was appointed in 2022 by Democratic Gov. Gretchen Whitmer.

Lombardini, 44, was charged with two misdemeanor counts of failing to file a statement of organization, which carries a maximum $1,000 fine, and one count of failure to file a campaign statement, a 90-day misdemeanor. However, she also faces a single felony count of uttering and publishing, which carries a maximum 14-year prison sentence. She has a preliminary exam set for Sept. 23 in Lansing’s 54A District Court.

Also charged in the case was Sandy Baxter, 64, of Caledonia. She faces a single count of perjury for lying to investigators. Her case was bound over earlier this month for trial in Ingham County Circuit Court, where an arraignment is scheduled for Wednesday.

Lombardini and Baxter were involved with fundraising for Michigan! My Michigan! (MMM), a 501(c)(4) nonprofit organization with ties to former Senate Majority Leader Mike Shirkey (R-Clarklake) and other Republican lawmakers. Shirkey, however, was not charged in the case.

Groups using a 501(c)(4) designation are deemed to be social welfare organizations that, according to the IRS, cannot directly participate or intervene in political campaigns. However, they can raise money for ads that don’t expressly endorse or advocate for any particular candidate or ballot question, but instead “educate” voters on various issues. Most importantly, 501(c)(4) nonprofits do not have to reveal their donors or otherwise reveal where their money comes from.

The investigation began after Robert LaBrant filed a complaint in May 2021 alleging a “dark money scheme” to fund the Unlock Michigan ballot question initiative. Labrant served for nearly 35 years at the Michigan Chamber of Commerce, which typically endorses Republicans and conservative causes.

“Unlock Michigan is not a spontaneous grassroots effort to repeal the law granting a Michigan governor emergency powers,” stated Labrant’s complaint. “Unlock was conceived by … Shirkey to achieve his political goal of repealing that law, a plan executed by his agents under his direction and control, and funded with his dark money. Shirkey’s scheme involved the illegal use of dark money on a scale never before seen in Michigan as millions of dollars in dark money was raised and spent.”

Labrant told the Advance that it may be Lombardini’s success in raising soft, or so-called “dark money” that makes her valuable even with a legal cloud over her head.

“Obviously, her expertise over the years has been raising issue and money through a 501(c)(4) organization to do issue ads. and issue ads by definition, unless they use words of express advocacy fall outside the scope of the Michigan Campaign Finance law. So, maybe the reason that Andrew Fink hired Bright Spark Strategies is to raise funds for a 501(c)(4) type organization to do issue ads on his behalf that will allow him to raise his name ID for a statewide campaign.”

Nessel said that between MMM and another 501(c)(4) called Michigan Citizens for Fiscal Responsibility (MCFR), of which Lombardini was president, the two nonprofits contributed over $2.6 million in funding to Unlock Michigan, almost 86% of the total funding.

Jeff Timmer is the former executive director of the Michigan Republican Party who is also a senior adviser to the anti-Trump Lincoln Project who also advised Nessel’s 2022 reelection campaign.

“Given the breadth and depth of criminality within the ranks of the Michigan Republicans it shouldn’t surprise anyone that accused felons also populate their consulting class,” he said. “After all, this is a party who nominated a convicted criminal to be their presidential nominee.”

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This coverage was republished from Michigan Advance pursuant to a Creative Commons license.