Latest Developments:
- COVID-19 Update: Many Regulatory Agencies have modified their practices in response to the COVID-19 emergency. Some agencies have postponed hearings and are closed to the public, but available by telephone or internet. Each week we will add the latest information. For more information, contact our Political Reporting Unit. Among the more notable developments this week:
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- The Governor of New York issued Executive Order 202.6, which suspended or modified various ethics laws, including certain revolving door restrictions, limitations on behested contributions, and other gifts from interested persons.
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- The New York Joint Commission on Public Ethics announced that it is suspending its lobbying random audit program, citing an “unnecessary administrative burden for the regulated community at this difficult time.” The Commission also further extended the due date for January/February lobbyist reports to April 15.
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- The Federal Election Commission issued a notice of the status of its operations, indicating how it is treating filing deadlines, enforcement complaints, advisory opinions, litigation, and other matters during the pendency of the COVID-19 suspension of normal business operations.
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- Hawaii Ethics Commission extended the filing date for lobbyist activity reports for the January-February reporting period from March 31 to April 30, and authorized its Executive Director to further extend it if “appropriate.”
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- The North Carolina Secretary of State issued a Notice of Discretionary Enforcement Authority, which indicates that she will not impose any penalties on first quarter lobbyist reports that are due April 22, as long as the reports are filed by July 22, 2020.
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- The Chicago Board of Ethics announced that the April 20 filing deadline for first quarter lobbyist reports has been extended to June 1, 2020. The extension also applies to ethics training requirements and official’s financial disclosure statements.
- The Governor of Washington State approved SB 6152. According to the legislative summary, the measure provides that no “contribution, expenditure, political advertising, or electioneering communication may be made or sponsored by a foreign national, financed in any part by a foreign national, or have a foreign national involved in the decision-making in any way.” The measure uses the federal definition of “foreign national” and includes requirements that certain reports include a certification of compliance with these provisions. The measure takes effect on June 11.
- The United States Supreme Court turned down the Petition for Certiorari in the case of Elster v. Seattle, bringing an end to litigation that challenged Seattle’s “democracy voucher” program. The Seattle Times reports that the plaintiffs “asked the nation’s highest court to take the case last year, after the Washington State Supreme Court upheld the program.”
- The Governor of New York announced the highlights of an the 2021 state budget bill approved by the legislature, including automatic election recounts and “strengthening disclosure laws” by”streamlining the reporting process for 501(c)(3) and 501(c)(4) organizations.” City and State New York indicates that the deal expands the oversight of nonprofits but will “roll back most of its provisions that would publicize donor information.” According to the article, “(c)ertain nonprofits, such as those who have spent more than $10,000 in communication endorsing or opposing legislation, will have to submit annual financial disclosure reports to the state.” The Gotham Gazette reports that the budget deal also includes reviving a public campaign financing system that was recently struck down by the courts.
Reminders:
The American Bar Association’s Standing Committee on Election Law has launched a new website that includes current information on elections in each of the 50 states. The site includes information on the impact of COVID-19 on elections, how to vote absentee, and whether vote-by-mail is permissible.
In Case You Missed It:
- PAC Checks: Roll Call reports that while individual donors often use credit cards, corporate PACs “still rely on delivering checks, some of which require more than one signature.” As a result, corporate PACs “have a new problem to confront: “Getting checks to campaigns they’ve already pledged to support at events that happened before the coronavirus pandemic halted in-person fundraisers.” The issue is national and complicated by state deadlines and suspended or special legislative sessions. Expect more pleas for help and caution about when and how to deliver contributions.
- Virus Lobbying and Compliance: MSN News reports on a lobbyist “boomlet” as companies hire lobbyists to get regulatory approval for products designed to fight the virus. Applications for approval of cleaning supplies, medical devices, medicines, and vaccines have “surged.” Agencies are charged with everything from certifying disinfectants that can kill the virus to fighting fraudulent products. More under the radar, but essential to compliance, is the advice law firms and consultants provide about compliance with shelter-in-place orders and federal relief.
- Signature Gathering in the Age of COVID-19: Petitions, circulation, and door-to-door canvassing are the lifeblood of campaigns. Yet the virus has endangered and undermined ballot access. Ballotpedia reports that an Arizona campaign finance initiative measure has suspended signature gathering. Meanwhile, The Virginia Mercury tells us that a Virginia judge lowered the signature threshold for the Republican U.S. Senate primary. In that case, the threshold is 10,000 signatures; the campaign had collected 3,700. The judge lowered the threshold to 3,500 signatures for the 2020 primary only. States with ballot measures find themselves in the dilemma of whether to change the rules, advance only those who qualified before the pandemic or delay elections… stay tuned.