Latest Developments:
- Foreign Agents Registration Act (FARA) Draft Regulations: The Department of Justice has proposed changes to FARA regulations that may make it harder for private companies to avoid FARA registration for “commercial” activities, even though the exception for companies registered under the Lobbying Disclosure Act is unaltered. As reported by the National Law Journal, commentators have raised concerns that the new rules fail to take into account practical realities associated with foreign companies active in the U.S. and could require clarifications on behalf of multinational corporations.
- Getting Ready for the Inauguration: In January, the regulated community will support and attend various inaugural activities on the federal, state, and local levels, with different disclosure requirements and restrictions at each level of government. As an example, the U.S. House has issued this guidance about inaugural activities.
- Michigan Increases Lobby Trigger: The Michigan Secretary of State has announced an increase to the lobbying threshold, such that individuals now need to register if they receive $800 in compensation for lobbying (2024 amount was $775) or expend either more than $3,175.00 during any 12-month period for lobbying or more than $800.00 during any 12-month period to lobby a single public official (2024 figures were $775 and $3,075); other changes to the lobby triggers were made, as well.
- Maine Delays New Campaign Finance Rules: Maine voters approved a citizen initiative in November to limit the amount of money that can be donated to political action committees seeking to influence candidate elections, but the Portland Press Herald, reports that Maine’s Attorney General has agreed to delay enforcement of the new law until May 30, 2025, to allow for litigation.
Reminders:
- States and localities across the nation are receiving re-registrations for lobbying activity in the coming year or legislative session. The rules and practices differ widely, with some registrations ongoing and others requiring not only resubmission but training certification and new information. Be sure contact information and filing names are accurate. By way of example, New York’s Commission on Ethics and Lobbing in Government (COELIG) provides this video with changes to the certification process effective this year.
In Case You Missed It:
- Tightest Campaign Finance Rules in Orange County, CA, Get Nixed: From the Voice of OC, the City Council of Stanton, CA, voted down an ordinance that would have limited campaign contributions to $1,000, limited fundraising windows to 11 months before an election, and required officials to recuse themselves from votes that impact a campaign donor for a year after receiving their contribution.
- Federal Indictment of Ex-Miami Congressman: MSN reports that a federal grand jury in Washington has returned an indictment against former Congressman David Rivera for failing to register as a foreign agent of a sanctioned Venezuelan media tycoon on whose behalf the Miami Republican allegedly lobbied the Trump administration; this is the second set of related charges against Rivera.
- Large Missouri Campaign Finance Fine May Be Waived: From the Springfield News-Leader, the Missouri Ethics Commission imposed a fine of $249,446 against five members of a group that primarily sought to influence the outcome of Springfield school board races after finding that the group failed to register as a committee, report contributions and spending, or file the required campaign finance reports, but the remainder of the fine will be waived if the people fined pay $20,000 within 45 days.
- Resignation Turns Ugly: Portland, Oregon’s Small Donor Elections, which provides public campaign dollars to mayoral and City Council candidates, had already come under criticism, but now OregonLive.com reports that the program’s deputy director has abruptly resigned after accusing his boss of bullying behavior, and his boss has responded by characterizing the former deputy as a disgruntled subordinate.
- No Matching Funds for Mayor Adams: Politico reports that, the day after his top adviser stepped down amid a criminal probe into her own dealings, New York City Mayor Eric Adams was denied any matching funds by New York City’s Campaign Finance Board, which voted unanimously; the board was concerned about the allegations in the indictment into Mayor Adams, as well as with the mayor’s failure to provide documents and information the board had requested.
- Unanimous Expulsion Vote: The Washington Post reports that a D.C. Council committee unanimously recommended that council member Trayon White Sr. be expelled from the legislative body after federal authorities allege he agreed to a lucrative kickback scheme involving government contracts; if council members follow through with the expulsion early next year, it will be the first expulsion in DC’s history.