Latest Developments:
- The Chicago Board of Ethics released three new advisory opinions regarding activities that do not constitute lobbying. The three related opinions are primarily targeted to activities by nonprofit organizations. In its press release about the opinions, the board recited a list of activities that it considers not to be lobbying, including applying for permits and licenses, merely inviting officials to business or community meetings, and communicating indirectly with officials through newsletters, social media, or newspaper ads.
- The Jacksonville Ethics Commission took action this week to ensure that the Jacksonville ethics director is able to sit in on meetings between bidders and JEA, the community-owned utility servicing Duval County (Jacksonville) and adjoining counties. The move comes after there was resistance to Jacksonville ethics director Donna Miller’s presence at JEA procurement meetings held last month in Atlanta. The Florida Times Union reports that current “City law gives the ethics director the power to request, obtain and have ‘full access’ to a broad array of records and data that is not otherwise deemed confidential by law…[and that] the Ethics Commission will ask the City Council to alter that ordinance by stripping out the reference to confidential information.”
- The California Fair Political Practices Commission released its annual report with a focus on enforcements completed in 2019. The Commission resolved 1,465 cases, which included 343 settlements with fines totaling over $793,384. The agency also urged the public to report potential violations of advertisement disclaimer requirements through it’s “AdWATCH” program.
Reminders:
Essential Ethics 2020: With the 2020 elections just around the corner, join Nielsen Merksamer on Friday, February 7 at the Sutter Club in Sacramento, California, from 10:00 to 11:30 AM for a complimentary briefing on the key issues you need to know this election year in California. Sign up here. Contact Jay Carson (jcarson@nmgovlaw.com) with any questions.
In Case You Missed It:
- Top 25: Public Citizen reports that, over the last 10 years, “25 ultrawealthy donors have been responsible for nearly half (47%) of all contributions by individuals to super PACs, providing $1.4 billion in super PAC contributions out of $2.96 billion in super PAC contributions from individuals.” Sheldon Adelson, Tom Steyer, and Michael Bloomberg hold the top three spots. Public Citizen’s complete report lists the 25, along with their total contributions, and places Jeff Bezos at number 25.
- Follow the Money: The Nevada Independent reports that a PAC operated by a Las Vegas City Council Member paid her daughter’s company over $100,000 for catering and event planning. This report comes on the heels or recently passed legislation, SB 557, which barred personal use of campaign funds, but did not specifically address payments benefitting family members . That legislation was enacted after an American Bar Association Standing Committee on Campaign Finance Law‘s examination of Nevada’s campaign finance proposed reforms (with the participation of Nielsen Merksamer) during the last legislative session as the state considered stricter laws in the wake of scandal involving the personal use of campaign funds by a state legislator.
- Three Years for Scam PAC: A fundraiser who raised over $20 million for various Republican and conservative causes “but spent almost no money on political activity was sentenced to three years in prison.” Politico reports that the “former president of the consulting firm Strategic Campaign Group, pleaded guilty last year to wire fraud.” The article finds this to be “a sign federal authorities are beginning to crack down on ‘scam PACs’ that raise money from donors in the name of political causes but keep most of those funds for profit.”
- Texas Two-Step: The Houston Chronicle reports on the stunning lack of enforcement mechanisms the Texas Ethics Commission has at its disposal to collect fines for late and delinquent reports from lobbyists, candidates, and political committees. The Chronicle estimates that “the Texas Attorney General’s Office…has won the right to collect $1.1 million from late filers…but the office has then written off $800,000 as uncollectible.” Part of the problem, the article maintains, is that, unlike other states which can garnish wages and levy tax liens, “civil courts…[are] the only remedy for collecting unpaid fines.”
- Watching Lobbyists in New Mexico: A report issued by New Mexico Ethics Watch, Lobbyists and their Outsized Influence in New Mexico, analyzes the top lobbyists in New Mexico and their spending. The report concentrates on four major lobby efforts; specifically: cannabis, firearms, film credits, and tobacco products. The report discusses the use of PACs, a desire for lobbyist transparency, and makes recommendations for “how to reform laws governing lobbying and lobbyists.”
- FEC Probes Excess Contributions: The San Diego Tribune reports that a southern California congress member’s campaign has been questioned by the Federal Election Commission over the acceptance of contributions that exceed the $2,800 per election limit. In response to the letter, the campaign indicated that it “completed all the refunds and redesignations required.”