Latest Developments:
- The San Francisco Ethics Commission published a draft measure, which it plans to place on the June 2022 ballot, that would re-write existing ethics provisions. A special meeting to hear from the pubic is scheduled for February 25. The commission also published a 12-page summary of the 126-page measure. Among other things, the measure would expand gift limitations and extend the lobbyist gift ban to permit consultants.
- DuPage County, Illinois (suburban Chicago) repealed its lobby ordinance [Item 9H]. The action follows the state’s adoption of a lobby law that requires state registration and reporting for all local lobby activities, except those in the City of Chicago.
Reminders:
The Practising Law Institute presents Nonprofit Involvement in Elections: What to Look for in 2022, a one-hour webinar on March 29, 2022, from 10-11 am PT, moderated by Joel Aurora of Nielsen Merksamer.
This program will address the role of nonprofits as vital participants in elections, praised for nonpartisanship by some and derided as vehicles for “dark money” by others. With the 2022 midterm elections rapidly approaching, nonprofit organizations will again be involved in a range of election-related activities. As a result, it is crucial that nonprofit organizations—including 501(c)(3), 501(c)(4), and 501(c)(6) groups—and corporate donors understand the laws governing participation in advocacy and politics.
Interested persons may register here. CLE credit will be available.
In Case You Missed It:
- “Ghost” Lobbyists Targeted in Florida: The Tallahassee Democrat reports that Citizens for Ethics Reform, which backed the amendment that created Tallahassee’s Ethics Commission, is pushing an effort to reform lobbying provisions. One member of the group asserts that the law has “a huge built-in loophole that allows ‘ghost lobbyists’ to work behind the scenes influencing city policy for their clients.” The group complains that current law has a “‘circular narrative’ in which lobbying is defined as work done by a lobbyist and a lobbyist is defined as someone engaged in lobbying.” The Tallahassee Democrat indicates that City Commissioners will consider the recommendations in March.
- Tennessee Lobbyist Spending: NewsChannel 5 Nashville reveals that lobbyists and lobbyist employers spend an estimated $60 million each year “to Influence Tennessee state officials.” The article notes that over the years education and healthcare have replaced alcohol and tobacco as the biggest spenders on lobbying “because these issues have become political.”
- New Mexico Lobbyist Spending: Capital & Main complains that “Lax reporting laws leave politicians and the public in the dark about legislation backers.” The article describes an effort to “require lobbyists and their employers to file much more complete expense reports and list which bills they are lobbying for or against[and] require groups to disclose how much they pay their lobbyists.”
- Silver State of Affairs: Nevada Current describes conflicts of interest as “the Nevada way.” The article cites a number of recent cases of conflicts and asserts that the “Nevada Ethics Commission, charged with investigating and sanctioning conflicts, has long been viewed as a paper tiger… The Ethics Commission resolved eight complaints in 2021. All were dismissed, according to its annual report.”
- Corporate Contribution Ban “Workaround”: Politico reports that despite “company bans on giving to Republicans who voted against certifying President Joe Biden’s victory on Jan. 6,” lobbyists for several of those companies “gave personal donations to Republicans who objected to the presidential election results… The under-the-radar donations meant that even as the companies stuck to their Jan. 6 pledges, their lobbyists” supported GOP lawmakers who may assume “leadership roles in the House if Republicans take back control in the midterm elections.”
- Zombie PACs Still Among Us: Politico has an update on “Zombie accounts, or those that continue after a candidate retires or loses an election…” Some deceased officials left committees that are well-funded; some “left behind committees with outstanding compliance issues or unresolved IOUs.” Candidates from Herman Cain to John Lewis left PACs that have become zombies.