Latest Developments:
- The President of the United States approved Senate Bill 394, which revises the 1963 Presidential Transition Act and adds an ethics agreement provision. Government Executive Media reports that the nonpartisan bill is designed to “clarify the General Services Administration’s responsibilities during changes in presidential administrations as well as require presidential candidates to publicly release ethics plans for their transitions before elections.”
- The United States Senate will hold a confirmation hearing on March 10 for James E. “Trey” Trainor who was nominated to serve on the Federal Election Commission. If confirmed, his presence would restore the Commission’s quorum necessary to conduct business. The Austin American-Statesman reports that his nomination is not without controversy.
- The Philadelphia Director of Finance certified an increase to campaign contributions limits, effective January 1, 2020. Among the limit changes, individuals may contribute $3,100 to a candidate (up from $3,000) and PACs may contribute $12,600 to a candidate (up from $12,000).
- The Wisconsin Ethics Commission issued an opinion clarifying what duties it considers to be exclusive to “lobbying.” Employees whose duties are not exclusively lobbying must register by the fifth day of lobbying within a six-month reporting period. Grassroots efforts are not “exclusively lobbying.”
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:
- New 49ers in the Golden State: Cal Matters reports that California’s Disclose Act, which requires that advertising disclaimers include the name of donors who contribute $50,000, or more, is resulting in a number of $49,000 contributions. The piece quotes one political consultant: “‘The most common contribution in the world is right under the disclosure requirement,’” he said. “‘Who the hell would want their name on a f-ing mailer?’”
- No More Juice from Florida: A “major Florida GOP donor” was convicted of bribery in North Carolina. The donor gave substantial sums to Florida politicians, but his “sudden interest in Florida politics coincided with increased scrutiny from Florida insurance regulators after years of wrangling.” Politico quotes an FBI special agent on the case, who said the defendants “plowed across the line from legal political donations to felonious bribery… These men thought they could buy changes to North Carolina Department of Insurance personnel.”
- Judge Ye Not: A Rhode Island State Supreme Court Justice has spent more than a year appealing a $200 fine imposed by the Rhode Island Ethics Commission. A WPRI investigative report revealed that the judge allegedly failed to “disclose his position as president of the St. Thomas More Society of Rhode Island when he filled out annual disclosure forms with the commission between 2010 and 2015.” The matter was heard in the state’s Superior Court this week.