Latest Developments:
- The Supreme Court of Connecticut, in Markey et al. v. State Elections Enforcement Commission, overturned civil fines imposed on candidates who misused public campaign funds to “cast a negative light on a candidate running in a different race without properly allocating the cost among campaign committees that were permitted under the [public campaign] financing program to make such expenditures.” The decision, on procedural grounds, found that the Commission mischaracterized its actions on the candidates’ petition. The Supreme Court returned the matter to the trial court to hear the merits of the case.
- The New York Joint Commission on Public Ethics introduced its new Executive Director, Judge Sanford N. Berland. Judge Berland recently retired from the New York State Court of Claims.
- The North Dakota Ethics Commission issued a proposed regulation to implement a new $10 gift exception for food and beverage purchased for a public official at an informal social and educational event that is consumed at the event. A hearing is scheduled for June 29, 2021. The Bismarck Tribune quotes the Executive Director of the Commission, noting that “he reviewed the Capitol Cafe menu, and ‘this would allow an individual to purchase modest lunch or breakfast and coffee for a public official as they educate them on whatever concerns them.’”
In Case You Missed It:
- Gifts Down During Pandemic: Spotlight Pennsylvania reports that “Public filings with the State Ethics Commission show that, with some exceptions, Pennsylvania’s 253 lawmakers did not report receiving anything of great value last year as the pandemic raged…” The article notes that Pennsylvania has “no limit on the size or number of gifts elected officials can accept.”
- New Jersey Pay-to-Play Loophole: According to Politico, “Several months after the Union County Improvement Authority awarded a no-bid contract to design a new $100 million county government complex in Elizabeth, top members of the architecture firm that received it opened their checkbooks and donated to the nascent Assembly campaign of a high-ranking authority official.” New Jersey’s pay-to-play laws do not prohibit a local official involved in contracting from raising contributions for a campaign for state office.
- Lobbying Returns in D.C.: Roll Call reports that “After more than a year of virtual-only advocacy because of the COVID-19 pandemic, the freshly vaccinated lobbying set is reemerging for real-life meetings on the Hill and in-person fundraisers, as well as meals and sit-downs to reconnect with clients and co-workers… Though virtual events still dominate, Democrats and Republicans have scheduled real-life activities, including destination fundraisers and meetings, in the coming weeks and months.”
- San Diego Disclosure goes Dark: The San Diego Reader reveals that the City of San Diego’s campaign disclosure system “has been down for weeks without any public announcement, except for a note on the site that filings would return soon.” The city’s contract with outside vendor Netfile apparently expired April 30, although it could be extended. The City Council approved a new contract with Pasadena Consulting.
- Prechecked Box Legislation Introduced: The Hill reports that a group of Democrats are introducing a bill “to prevent default recurring political donations.” Sen. Amy Klobuchar introduced 1786, the Rescuing Every Contributor from Unwanted Recurrences” (RECUR) Act. The measure comes in response to the FEC asking congress to ban the practice. “The bill would create a new opt-in requirement so that contributors have to actively consent to the recurring donations.”