Latest Developments:
Supreme Court Allows Political Parties to Pay Lower Ad Rates
Within a month of the midterms, the Court’s opinion has allowed political parties and their joint fundraising committees to pay the same low rates that candidates are charged to broadcast campaign ads, changing the calculus for committees and donors seeking to maximize their impact. Justice Sonia Sotomayor and Justice Ketanji Brown Jackson registered dissents. FCC v. Brown Opinion and L.A. Times – Supreme Court Sides with Republicans in Dispute Over Cost of Campaign Ads
Washington Commission Suspends Enforcement of Some Pre-election Contribution Limits
The Public Disclosure Commission has suspended enforcement of pre-election limits on large contributions, under RCW 29B.40.070, citing questions raised about its constitutionality. The law in question prohibits campaigns from accepting contributions from any one person exceeding $75,000 for statewide campaigns, and $7,500 for local campaigns within 21 days of a general election, with some exceptions. The interpretation does not affect enforcement of contribution limits under RCW 29B.40.020, which prohibit most candidates from accepting more than either $1,200 or $2,400, depending on the office they are seeking, from a single contributor for each election in which they appear. WA Public Disclosure Commission Suspends Enforcement of Some Pre-election Contribution Limits
San Diego May Ban Shadow Campaigns and Require More Disclosure
A City Council proposal would require candidates to disclose certain communications made in support of their candidacy, beginning when they file a candidate intention statement and before they are officially candidates. Proposed amendments to the City’s election code would tighten the fundraising window, and require disclosure of (1) the “true source” of contributions and communication spending, (2) the top five funders on all public communications, and (3) AI-generated or AI-altered content. Draft ordinance; Staff report; Rules Committee presentation; and San Diego Union-Tribune – Proposal demands transparency A subcommittee has sent the proposals to the full Council for consideration.
Events and Reminders:
Don’t miss Nielsen Merksamer Partner Evann Whitelam’s virtual workshop, “Designing, Pressure-Testing and Implementing Comprehensive FARA and Foreign Influence Compliance Programs,” scheduled for Thursday, December 3, 2026 from 1 p.m. to 4:30 p.m. Eastern time. The workshop is part of the pre-conference program for the American Conference Institute’s 8th National Forum on FARA & Covert Foreign Influence Laws, set for December 11, 2026, at the Gaylord National Resort & Convention Center in Washington, D.C. The event will be livestreamed for those who cannot attend in person.
San Bernardino County has adopted its first lobbying ordinance. Effective September 17, 2026, individuals, firms, and organizations receiving money to lobby County officials now must register with the Clerk of the Board of Supervisors. Registration is triggered when any individual, firm, or organization receives compensation of at least $1,000 per calendar month for lobbying, with an exclusion for reimbursement of reasonable expenses. County lobbyists must register within 10 days of becoming a lobbyist, update their registration within 10 days of any changes to the information provided, and renew registrations by January 15 of each year. There are no fees to register.
Houston has ended paper-only lobbying filings. The nation’s fourth-largest city has launched an online portal and announced that lobbyists are now able to register and file lobbying reports online. Lobbyists who registered via paper will need to create new online accounts and re-enter registration information into the new system: See https://cityofhouston.ethicsefile.com/EfileLobby/login.
In Case You Missed It:
The A.I. Election: $137 Million Spent for A.I.- Generated Ads This Year
Republicans have used the technology more than Democrats, with AI use “ranging from subtle enhancements to convincing deepfakes,” based on a review of 220 ads by the Wesleyan Media Project at Wesleyan University. Among the Project’s findings: 70 percent of the ads contained no disclaimer that A.I. was used, and more than 80 percent of the ads came from Republican campaigns or PACs. New York Times – $137 million in A.I.- Generated Ads Flood the Midterms.
House Speaker’s Spouse Won’t Disclose Funding Sources for her Christian Counseling Nonprofit, Following Questions About Fundraising by Other Elected Officials’ Spouses
Kelly Johnson, wife of U.S. House Speaker Mike Johnson, runs a Christian counseling nonprofit focused on female Congressional staffers, but 501(c)(3) organizations are not required to publicly disclose donors. She has declined to disclose donors to her Onward Christian Education Services; some government ethics advocates said the “lack of transparency . . . means the public cannot be certain whether donors are using the organization to gain access to the Johnsons or whether Kelly Johnson receives advantages” that other nonprofits cannot get. The Washington Post – House Speaker Mike Johnson’s wife ministers to Hill staffers, but nonprofit funding is a mystery. Prior editions of Essential Ethics have discussed non-profit fundraising by the spouses of the governors of California and Florida.
Direct Democracy Isn’t Cheap: Signature Gathering is the New Gold Rush
To qualify a statewide measure for California’s November 2026 ballot, campaigns needed to collect almost 900,000 valid signatures. To make those hefty numbers, ballot measure campaigns shelled out $126.5 million in the first half of 2026, with much of that money going to petition circulating firms that hire people to collect signatures. At up to $15 per signature, one circulator reported earning $43,000 in just three months. New York Times – Inside the Frenetic World of California Signature Gathering.