Latest Developments:
- The United States Supreme Court, in Barr v. American Assn. of Political Consultants, upheld most of the Telephone Consumer Protection Act of 1991, which banned most robocalls. Political consultants and others challenged the law based on the theory that an exception added to the law for debt collectors was impermissible as content-based. CNN reports that the court upheld the ban on political robocalls to both landlines and cellphones, “rejecting a bid … to open the floodgates for campaign ads and other communications.”
- COVID-19 Update: Government officials, agencies, and courts continue to respond to the COVID-19 emergency. Each week we will add the latest information. For more information about filing deadlines, contact our Political Reporting Unit. Among the more notable developments this week:
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- The Nevada Legislative Counsel Bureau announced that lobbyists will not be required to register for the upcoming special legislative session. The legislative building will be closed to the public due to the pandemic.The Nevada Legislative Counsel
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- The Texas Ethics Commission issued an advisory opinion regarding whether a lobbyist is “present” at an event via video technology, such as a Zoom meeting, for purposes of providing food and beverage under a gift exception. (Ethics Advisory Opinion 556).
- The Texas Ethics Commission also issued two other advisory opinions, including one addressing whether a contribution from a federal PAC to a federal Super PAC is an expenditure on a Texas election (Ethics Advisory Opinion 554). The opinion is relevant to federal PACs active in the state which must measure the portion of expenditures made in the state to determine whether they remain an “out of state” committee or must instead file as a state PAC.
- The Louisiana Board of Ethics adopted a regulation to increase the limit on the amount a lobbyist may spend for food, drink, or refreshments for a covered official to $63 at any single event, effective July 1, 2020.
- The Oakland Public Ethics Commission launched a new online lobbyist registration and reporting system. The system is available from the OakApps platform. According to the Commission, “Going forward, all registration and report documents will be filed electronically.”
In Case You Missed It:
- West Virginia Transition: According to the Huntington Herald-Dispatch, Rebecca Stepto is retiring as the Executive Director of the West Virginia Ethics Commission at the end of the month. The Commission appointed General Counsel Kim Weber as Interim Executive Director.
- White House Transitions: Politico reports that “(m)ore than 80 former administration officials have registered as lobbyists.” The article characterizes the movement as a “mass migration to K Street” and discusses the practical application of the administration’s ethics pledge, which differs from federal revolving door statutes. As the door revolves, the article also notes that some former administration officials who left and registered as lobbyists have “already returned to the government.”
- Aloha to the Purse Strings: The Honolulu Star-Advertiser reports that the City Council unanimously approved placing a charter amendment on the November ballot to give the Honolulu Ethics Commission more control over its own budget. According to the article, the measure “would specifically prohibit the withholding of funds from the commission once its annual budget is approved by the Council each year.”