Latest Developments:
- Executive Order on Elections Includes a Lobbying Provision: President Trump’s wide-ranging Executive Order includes a provision referencing the longstanding “Byrd Amendment.” In addition to prioritizing foreign interference in elections, the “Attorney General shall likewise prioritize enforcement of 31 U.S.C. 1352, which prohibits lobbying by organizations or entities that have received any Federal funds.”
- Voters Offered Money Again: From the New York Times, Elon Musk is offering $100 to registered voters in Wisconsin who sign, or refer others to sign, a petition “in opposition to activist judges” while he also funds a SuperPAC spending on the judicial race. A judge in Pennsylvania ruled that a same tactic was legal when Musk used it there.
- Kansas Legislature Passes Bill Affecting Nonprofit Travel Expenses and Executive Branch Gift Rule: The Topeka Capital-Journal reports that Kansas House Bill No. 2060 (Substitute) has passed both chambers of the Kansas Legislature and now heads to the Governor’s desk for signature or veto. The bill eliminates the requirement that a nonprofit seeking travel reimbursement be a national organization and authorizes all officers and employees of the Executive Branch to solicit or accept free or special discounted tickets, or access to entertainment or sporting events or activities, under certain conditions.
- Lobbyists May Not Provide Free Admission to Conferences in Michigan Unless New Law Passes: The Michigan Secretary of State’s office has opined that lobbyists may not offer free admission to the Mackinac Policy Conference, a 40-plus year Michigan tradition, because such admission is a gift prohibited under Michigan’s current lobbying laws. However, if SB 101, which is currently being considered in the Michigan Senate, is signed into law, it will exempt such admissions from the definition of “gift.”
- Corporate Sponsorship for White House Event: As noted by the New York Times, the White House wants to recruit corporate sponsors to contribute to its Easter Egg Roll next month, raising ethics concerns. The White House has not endorsed any of the participants and has offered sponsorship packages ranging from $75,000, to $200,000.
Reminders:
- The Michigan Department of State has implemented a new campaign finance system called the Michigan Transparency Network (MiTN). Training is offered on April 1, 2025.
- Orange County, CA, has raised its contribution limit from $2,500 to $2,700; the new limit takes effect on April 10, 2025.
In Case You Missed It:
- Nevada Official Faces Ethics Inquiry over Golden Knights Tickets: The Las Vegas Review-Journal reports that Nevada’s state energy director is facing an ethics investigation over claims that he accepted free Golden Knights tickets and solicited access to a private luxury watch party while negotiating a potential taxpayer-funded partnership with the hockey franchise. The official had not disclosed the gifts or stopped work on a partnership the team, and he had asked his finance team “to find creative ways to secure funding.”
- Los Angeles City Councilmember Starts Nonprofit to Pay for City Services: From the Los Angeles Times, a Los Angeles City Councilmember is launching a nonprofit to pay for basic services, including street lighting and park improvements, in his Harbor-area district. The Councilmember says he will fundraise for One Five but will not be involved in allocating the money. Ethics concerns have arisen because the ban on contributions from lobbyists and city contractors, and city contribution limits, do not apply to donations to the nonprofit.
- Impact of Pay-to-Play Revisions in New Jersey: NJ.com reports that contributions from state contractors to party committees have risen drastically since New Jersey scaled back its pay-to-play law two years ago. For example, out of $26,300 raised by the Mantua Township Democratic Executive Committee, $21,500 came from contractors who work for Mantua’s government.
- Newsom Podcasts Raise Ethics Questions: The San Francisco Chronicle reports that California Governor Gavin Newsom is involved in two podcasts produced by iHeartMedia, which lobbies heavily in the state. Newsom says there is no conflict of interest because he invested no money in and receives no income from the separate podcast production company in which he has acquired a 10% interest. Ethics experts have observed it appears one of the podcast deals may leave the door open for future income after Newsom leaves office.
- Miami-Dade County Health Inspectors Accused of Fabricating Violations to Extort Restaurants: The Miami Herald reports that two Miami-Dade County health inspectors were arrested on accusations that they fabricated violations to extort at least $14,620 from 15 businesses by telling owners that very expensive issues that did not actually exist would be ignored if the business owner paid a fee of a few thousand dollars.