Latest Developments:
- A Superior Court in Los Angeles issued an order turning down a suit to invalidate a California Fair Political Practices Commission (FPPC) regulation. That regulation requires disclosure of public money spent by public entities on election campaigns, an activity that is generally prohibited in the absence of a specific authorization by the Legislature. The Chair of the FPPC said in a release, that “‘This illegal and increasingly-used tactic by local government officials will continue to be a focus and priority for the FPPC.’”
- The Seattle City Council approved an ordinance to require registration for grassroots lobbying. Registration and reporting are required whenever expenditures are made “exceeding $1,500 in the aggregate within any three-month period or exceeding $750 in the aggregate within any one-month period in presenting a program to the public, a substantial portion of which is intended, designed, or calculated primarily to influence legislation…” The measure takes effect 180 days following approval by the Mayor, which occurred on December 15.
- The Governor of California issued an internal memo concerning ethics in his office. The Sacramento Bee explains that the Governor is “barring any paid campaign or political consultant from directly communicating on behalf of a client with the governor, members of his staff, or the agencies under his control for the purpose of influencing legislative or administrative action. He is also barring any registered lobbyists from serving as paid campaign or political consultants.” However, the San Francisco Chronicle points out that the memo does not bar revolving-door activity by some of the Governor’s closest friends who are lobbyists.
- 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:
- The Governor of Ohio signed HB 404 which extends many state licenses. The bill is an extension of a previous COVID-related emergency measure. The Ohio Joint Legislative Ethics Committee explains that the net effect of the bill on lobbyists is that all current lobbyist registrations will remain in effect until July 1, 2021. “A new renewal registration window will open in late spring 2021.” However, activity reports are still due by February 1, 2021.
- The Oklahoma Ethics Commission met and adopted a new rule that requires candidate committees formed before 2015 dissolve by the end of 2021. The commission considered and amended a proposal to revise lobbyist gift rules to create an exception for informational materials provided by a lobbyist or lobbyist employer. That rule will be considered for adoption at a future hearing. Oklahoma rules have the force of statutes unless rejected by the legislature in the next session. New rules take effect at the end of May 2021, when the legislature adjourns.
- The California State Controller announced the appointment of Catharine B. Baker to the Fair Political Practices Commission. Baker is an attorney in the East Bay area of California and replaces Allison Hayward on the Commission.
- The New York Joint Commission on Public Ethics met and considered proposed amendments to its regulation governing access to public records. The Commission also issued an announcement that all registrations and reports due in January 2021 will be considered timely filed if filed by January 29, 2021, due to changes made to the Comprehensive Lobby Regulation and changes to the online filing system.
Reminder:
Just when you thought election deadlines had passed….California’s Governor has called a special election for a State Senate vacancy, triggering a primary election on March 2, 2021 and 24 hour reporting for certain campaign contributions. Nielsen Merksamer clients will receive a Reporting Reminder with details. The state provides filing calendars on the FPPC’s Website.
In Case You Missed It:
- Ethics, Reconsidered: The Washington Post, on MSN, reports that the incoming administration is pondering how to balance the incoming president’s “official power and his family’s private interests.” The President-elect’s asserted that his “family will not be involved in any business” that is in conflict. “That pledge has now been handed over to lawyers for the presidential transition who are drafting new rules for the Biden White House that are likely to be more restrictive than the rules that governed the Obama administration.”
- Real Money/Virtual Participation: According to the New York Times, the Biden Inaugural Committee is looking for contributions of up to $1,000,000 from corporations and $500,000 from individuals. Contributions at those levels include a menu of perks, described by the Times as including “‘event sponsorship opportunities,’ as well as access to virtual briefings with leaders of the inaugural committee and campaign, and invitations to virtual events with Mr. Biden and Jill Biden, the future first lady, and Vice President-elect Kamala Harris and her husband, Doug Emhoff.”