Latest Developments:
- The Senate Committee on Rules and Administration held its hearing on the nomination of James E. Trainor III to serve on the Federal Election Commission. Rollcall reports that “Senators are likely to vote on his nomination in the coming weeks.”
- The City of Glendale, California has a new lobbyist ordinance that took effect this week. The ordinance mandates registration within 10 days of qualifying as a lobbyist and requires that lobbyists file quarterly reports disclosing compensation and activity expenses. The fee for initial registration is $31.
- The Washington State Attorney General announced a settlement in Washington v. Moberg in which the defendants agreed to pay $250,000 in penalties, costs and fees for distributing an electioneering communication without required disclosures. The two men spent less than $3,900 to distribute the mailer during a 2014 election for county prosecutor. In January 2020, the superior court granted partial summary judgment to the state and found that the pair tried to hide their activity, including by using a fake committee name and an out-of-state printer, and lying under oath about their involvement. The Attorney General initially sought more than $450,000 in penalties, plus costs and fees. According to the Yakima Herald, their lawyer called the amount of the settlement “grossly excessive.”
Reminders:
The Latest Edition of the Practising Law Institute’s quarterly journal, “Current,” contains an article entitled, State and Local Government Ethics Laws, by four Nielsen Merksamer attorneys, Elli Abdoli, Mike Columbo, Joel Aurora, and Jason Kaune. The article provides a “summary of the prominent types of (government ethics) laws pertinent to state and local government and compliance tips for the regulated community.” The journal is accessible to PLI subscribers.
America Votes is available from the American Bar Association Bookstore. The book is described as a “must-read for anyone concerned about our political future.” It covers the 2018 and 2020 election cycles, including issues regarding voter qualifications, the voting process, voting rights litigation, recounts, and redistricting. Chris Skinnell and Jason Kaune of Nielsen Merksamer acted as peer reviewers for the book.
In Case You Missed It:
- Democratic and Republican Governors Association Spend Big in Louisiana: A story in the Advocate describes spending by both sides of the aisle, drawing from many interests, through local SuperPACs. New Orleans Public Radio features commentary from pro-regulation groups who focus on contributions to the DGA and RGA from regulated entities which are banned from contributing directly to Louisiana elected officials. Although the latest election has been postponed due to COVID-19, the coverage illustrates media highlighting spending by “outside groups” and “following the money” through various publicly filed state and IRS reports.
- Chicago Union Contribution Limit: An article in the Chicago Sun-Times describes how an SEIU organizer, who is running for the state house, not only received large contributions from the union, but also received large contributions from union-friendly elected officials. Those officials received large contributions from the union within a month of forwarding the exact amount of the contribution received to the SEIU organizer-candidate. The candidate’s campaign spokesperson responded that the candidate “is happy to have supporters throughout the city who are excited about her campaign and believe in her ability to fight for working families.” The Sun-Times notes that this pattern is similar to contributions made to a Chicago Teachers Union organizer who defeated an incumbent for a seat on the Cook County Board in 2018.
- No-PAC-Money Pledge: Federal candidates who have pledged not to take corporate PAC money still typically accept contributions from trade and business association PACs. Roll Call reports that “trade association and member organization PACs are not designated as corporate PACs under the FEC’s classification process and therefore don’t violate the no-corporate-PAC pledge as crafted by advocacy groups promoting it.”
- Pay to Play in L.A.: The Los Angeles Times reports that a now former Los Angeles City Council Member has been indicted for accepting gifts from a person “seeking to increase his business opportunities in the city.” According to the article, the “perks allegedly included a hotel room with amenities reserved for high rollers, an envelope stuffed with $10,000 in cash, lavish meals and bottle service at a nightclub, and a female escort sent to his room at the end of a long night of partying.” The indictment came as part of a “sweeping [federal] probe that has delved into the worlds of L.A. politics and real estate development.”
- Tracking Down Concerned Citizens: The San Diego Union-Tribune reports that the California Fair Political Practices Commission is trying to track down advertisements with no disclosure information that are”attributed to an unregistered group called “Concerned Citizens of Carlsbad” along with robotic phone calls promoting “Goldstandardslate.com.” The agency received copies of the material without requisite disclosure information through the AdWATCH program on its website.