Latest Developments:
- California Attorney General Issues Warning to Businesses: In a recently-released alert about violations of the Foreign Corrupt Practices Act (FCPA), California’s Attorney General reminds businesses that it is illegal to make payments to foreign-government officials to obtain or retain business, regardless of the Trump Administration’s order temporarily suspending federal enforcement of the FCPA.
- Kansas Doubles Contribution Limits: Kansas House Bill 2054, which has been signed into law, doubles most contribution limits, such that the Governor and Lieutenant Governor may now receive up to $4,000 in contributions per election, state senators may now receive $2,000, and state representatives may now receive $1000.
- New Mexico Ruling on Advertising Campaigns: The New Mexico Court of Appeals has ruled that the state’s Ethics Commission has jurisdiction not only over individuals who engage in lobbying communications with lawmakers, but also over individuals and companies that are engaged in lobbying advertising campaigns.
- Michigan Reverses Course on Conference Gifts: The Michigan Secretary of State, after receiving additional evidence, has now found that having public officials attend the Mackinac Policy Conference provides a service as consideration in exchange for complimentary admission, and that the value of the services exchanged is equal to or greater than the cost of attendance, such that admission to the conference is no longer an unpermitted gift; this reverses an earlier ruling on this topic.
- San Benito County, CA, Adopts Lobbying Ordinance: The County of San Benito, CA, has adopted Ordinance 1070, which requires lobbyists to register and file quarterly reports, prevents gifts of more than $10 per month from lobbyists to elected officials, and imposes special restrictions on land use lobbyists.
- Seeking Advice about FEC Authority: The Campaign Legal Center has requested an advisory opinion from the FEC regarding whether in light of the executive order entitled “Ensuring Accountability for All Agencies,” it may file a complaint alleging violations of the Federal Election Campaign Act, even though its position would be inconsistent with the views of the President and Attorney General.
Reminders:
- Remember that not all reports are due at the beginning or end of the year!
Reports due soon include:
In Washington state, the 7-day pre-election C-4 for the April special election and the annual Treasurer’s report are due April 15, and quarterly public agency lobbying reports (L-5 reports) are due April 30.
In Mississippi, the legislature adjourned early, and a Legislative End-of-Session Report is due within 10 days of adjournment.
In Case You Missed It:
- Trump Administration Commercial Endorsements Questioned: Federal law prohibits federal employees from using their public office for their own private gain, for the endorsement of any product, service, or enterprise, or for the private gain of friends, relatives, or persons with whom the employee is affiliated in a nongovernmental capacity. Politico examines the tendency of Trump administration officials to endorse products, including a requested investigation into whether the Commerce Secretary violated this ban when he encouraged purchase of Tesla stock.
- Paperwork Mix-Up Means Large Donation Cannot Be Used: The Los Angeles Times reports that the World Taiwanese Chambers of Commerce made a $510,000 donation to a nonprofit called the Arcadia Fire Department Foundation, but the nonprofit is not registered and the city will not accept or use any of the money until the nonprofit comes into compliance.
- Efforts to Curb Insider Trading by Lawmakers Stall: The New York Times reports that efforts toward bipartisan legislation addressing insider trading have stalled. One freshman lawmaker who had campaigned on ending insider trading now has emerged as one of the most active stock traders in the freshman class.
- Washington State Published Deepfakes Training: Washington’s Public Disclosure Commission has published a video training on the use of “deepfakes” and misinformation in digital political advertising and the role of state disclosure laws.
- Former Montana Senate Leader Barred from Senate Floor for Life: The Montana Free Press reports that the Montana Senate voted 40-6 to censure Jason Ellsworth, the former leader of the Senate, noting in part an ethics investigation about a government contract awarded to a friend, which resulted in a $600,000 fine for failing to disclose material facts to customers.