Latest Developments:
- Paid Online Influencers Replacing Traditional Lobbyists The Wall Street Journal analyzes how “corporate and foreign interests that used to rely primarily on paid lobbyists to pitch their case to lawmakers and administration officials” are now opting to instead use “a group of young, conservative influencers known to be close to Trump’s staff.” This approach may avoid reporting under the Lobbying Disclosure Act but not the Foreign Agent Registration Act. WSJ – Paid Online Influencers with Few Rules
- Trump Pardons Political Corruption Defendants After Super PAC Donation The President’s recent pardons included three defendants scheduled for sentencing after each agreed to plead guilty to reduced charges of misdemeanor campaign finance violations. Former Puerto Rico Gov. Wanda Vázquez was alleged to have accepted bribes from Julio Herrera Velutini, a Venezuelan-Italian banker. The New York Times reports that in late 2024, while Mr. Herrera was facing felony bribery and other charges, his daughter, Isabela Herrera, donated $2.5 million to MAGA Inc., a super PAC devoted to Trump, and in July, donated another $1 million. NYT – Pardons
- Massachusetts Legislature Seeks Ballot Question Transparency The Massachusetts Legislature is considering a bill proposing more public reporting on ballot question fundraising and spending. The proposed bill would require the treasurer of a statewide ballot question committee to timely disclose details of all in-kind contributions of more than $50 received, and “a list of new liabilities incurred” along with “a clear statement of purpose for which the liability was incurred.” MA Legislature Bill and Mass Senate Passes Bill Requiring More Transparency
- Houston Judicial Candidate Disqualified from Ballot After Texts to Opponent A candidate for a Texas judicial seat was declared “ineligible” for placement in the ballot after violating the state’s Election Code by sending text messages to the incumbent judge designed to intimidate her to drop out of the race. Judicial Candidate Disqualified after Text Messages
Events and Reminders:
- Nielsen Merksamer partners Joel Aurora and Jay Carson will discuss Involvement in Elections: What to Look for in 2026, a one-hour online seminar sponsored by the Practising Law Institute (PLI), on February 11, 2026 at 1 p.m. EST. With the 2026 midterms approaching, it is critical for nonprofit organizations and corporate donors to understand the laws governing their participation in advocacy and politics. Sign up to learn about key challenges that arise when nonprofits get involved in politics and how such organizations, donors, and their corporate partners can avoid the most common pitfalls. MCLE credit is available. Register here: PLI – Nonprofit Involvement in Elections
- Nielsen Merksamer Partner Jason Kaune was part of a panel analyzing the Supreme Court arguments in Campaign Finance Law After Oral Argument in NRSC v. FEC: Reactions, Predictions and Context, part of programming by the American Bar Association’s Section on Civil Rights and Social Justice. Watch here: https://www.youtube.com/watch?v=q5bORd147AU
In Case You Missed It:
- Texans Spending Campaign Cash Years After Leaving Office A former Texas House Speaker, out of office and not seeking another one for seven years, has nonetheless been using his PAC to pay more than $2 million in salaries to political consultants and support staff, $12,000 for subscriptions, and $15,000 for a cell phone plan, according to the Houston Chronicle. They left office years ago and still use PACs
- Exploring a “Loophole” in Federal Campaign Spending The Chicago Tribune considers a “loophole” in federal campaign finance law that allows a candidate simultaneously running for Congress and a position on a state central committee to use state campaign cash for messaging commercials that help both campaigns. Ad in 7th District race highlights campaign spending loophole
- Public Can Now View Financial Interest Statements for North Dakota Officials The public can now see financial interest statements for North Dakota political candidates and other officials. New Website and North Dakota Website
- Oregon State Representative Found to Violate State Ethics Laws The Oregon Government Ethics Commission found that Rep. Greg Smith, a legislator since 2000, used his position as a public official to secure a $66,000 raise for his work as an executive director at the Columbia Development Authority. The investigation is continuing but the board made the finding. Ethics Commission finds legislator violated ethics laws The commission has opened four investigations for ethics violations by Smith in the past year; he recently settled one case without a fine and remains under investigation in two. Oregon Rep. Greg Smith settles another ethics law case