Latest Developments
- Oregon Supreme Court Fallout: Last week we reported that the Oregon Supreme Court, in Multnomah County v. Merhwein, upheld local campaign contribution limits. Immediately came speculation that the case may revive Measure 47 adopted by Oregon voters in 2006, which includes state and local campaign contribution limits and a prohibition against corporate contributions. At the time, the Oregon Supreme Court interpreted the state constitution to prohibit contribution limits, but Measure 47 included a provision stating that the “Act shall nevertheless be codified and shall become effective at the time that the Oregon Constitution is found to allow, or is amended to allow, such limitations.” In last week’s decision that local contribution limits do not violate the state’s constitution, the Court overruled its prior decision that contribution limits were unconstitutional. The Secretary of State announced last Friday that political candidates could still collect contributions under current limits. Expect more developments, potentially litigation, over whether the state will implement Measure 47 and, if so, whether its provisions are constitutional. Stay tuned…
- Portland, Oregon became the first battleground following the State Supreme Court decision, as a candidate for Mayor of Portland filed suit to enforce Portland’s similarly enacted contribution limits against all candidates participating in the municipal election on May 19. Oregon Public Broadcasting reports that the suit seeks to force candidates who have exceeded the limits to return excess contributions. City officials plan to enforce the rule prospectively beginning on May 4.
- COVID-19 Update: Government agencies and courts continue to respond to the COVID-19 emergency. Each week we will add the latest information. For more information about filing deadlines, contact our Political Reporting Unit. Among the more notable developments this week:
- The Connecticut Office of State Ethics announced that the filing deadline for first quarter lobby reports, which was previously extended to May 10, has been extended to July 10. The deadlines for April and May monthly reports have also been extended to July 10, 2020.
- The Kentucky Legislative Ethics Commission advises that, while the due date for filing updated lobbying registration statements is May 15 for April activity, “(d)ue to the COVID-19 crisis, statements received after May 15 up to and including May 31, 2020 shall be considered timely filed if the filer emails a written explanation of the reason for delay to the Commission’s Executive Director.”
- The Governor of Kentucky signed SB 157,which, among other things, allows a complaint for certain violations to be filed against a former lobbyist or lobbyist employer within one year after terminating lobbying registration.
- The New York Joint Commission on Public Ethics met and discussed proposed amendments to its comprehensive lobby regulation. Commission staff will begin a “preliminary comment period,” anticipating comments from the regulated community. A formal rule-making process which requires commission approval before commencing, will have an additional notice and comment period. The commission is also seeking comments for revisions to its source of funding regulation.
- The City Council of National City, California adopted an ordinance that limits campaign contribution limits, capping contributions from individuals and businesses at $1,000 per calendar year. The measure, which also bans contributions from city contractors, takes effect January 1, 2021. The San Diego Union-Tribune reports that one of the motivations for the measure was the “significant increase in outside money pouring into local elections in National City in recent years.”
Reminders:
The Practising Law Institute presents a one-hour program on COVID-19 Political Compliance Considerations for Companies and Nonprofits on May 21, 2020 at 1 p.m. EDT. Register here for the briefing presented by Jason Kaune and Elli Abdoli of Nielsen Merksamer. The program, which is free to PLI members, will outline the government ethics, lobby disclosure, and campaign finance rules you need to know in connection with working with public officials, donating goods, and engaging in political activity during the pandemic.
In Case You Missed It:
- Court Employees Unmuzzled: The United States District Court for the District of Columbia issued an opinion striking down limits on political speech of court employees. In Guffey v. Duff, the court reviewed the rules issued by the Administrative Office of the Courts that prohibit “partisan activities that its employees may undertake at all levels of electoral politics.” The Washington Post reports that the judge found that the concern about perceptions of political influence in the judiciary “did not justify a new code of conduct barring employees from participating in political activities open to virtually all other federal workers.”
- Fishy Gifts in Ohio: The Toledo Blade reports that 40 current and former elected officials and state employees violated state law by accepting a free fishing trip from charter fishing boat captains who are licensed by the Ohio Division of Wildlife. The Ohio Inspector General issued a report implicating the former Director of the Ohio Department of Natural Resources, state legislators, and others.