HomeEssential Ethics / May 17, 2019

Essential Ethics

May 17, 2019

Latest Developments:

  • The Ninth Circuit Court of Appeals, in United States v. Singh, upheld the power of congress to prohibit campaign contributions from foreign nationals to state and local candidates.  In addition, the court found that the foreign nationals’ First Amendment rights were not violated.
  • The Washington State Public Disclosure Commission is seeking public comment on proposed emergency regulations to implement B. 1195, which is pending before the Governor and would take effect immediately if and when signed.  That bill, among other things, requires electronic filing, revises the threshold for reporting independent expenditures, revises the frequency of campaign contribution limit adjustments, and revises the private attorney general enforcement provisions.  In a separate matter, the Commission launched a new web-based app “to simplify the registration process for candidates and political committees.”
  • The Governor of Oregon signed B. 2488, which prohibits contributions to candidates, PACs, and ballot measure committees using cryptocurrency.  The Governor also approved H.B. 2595 which revises revolving door provisions for legislators by deleting a variable period, and allowing them to begin lobbying one year after ceasing to be a member of the legislature.
  • Montana’s Governor signed HB 181 requiring electronic reporting by candidates and PACs and revising the thresholds and deadlines for reporting contributions.  The Governor also approved B. 326 which, among other things, prohibits any person from soliciting or accepting political contributions or expenditures from foreign nationals, and authorizes penalties for violations.
  • The Governor of Georgia approved B. 213, which, among other things changes certain due dates for campaign reports.

In Case You Missed It:

  • Rapper’s Campaign Cash Laundry:  Rapper Pras, of the Fugees, has been indicted, along with a Malaysian financier, for laundering foreign money and funneling it through straw donors to the Obama campaign.  The New York Times reports that the financier transferred $21 million to the rapper, of which $865,000 went to the Obama campaign through some 20 straw donors.
  • Discord at the Federal Election Commission:  The Center for Public Integrity obtained responses from members of the Federal Election Commission to questions posed by the Committee on House Administration.  According to the article, the Chair of that house committee has “has openly doubted the FEC’s ability to function as the agency struggles with deadlocked votes, internal conflict, chronic vacancies and low morale.”  Additionally, the article “lays bare the internal conflicts and challenges” of the Commission as it copes with long-term gridlock.
  • Candidate Committees Must Die One Year after Candidate:  The Governor of Maryland signed B. 950, which requires that, within one year of a candidate’s death, the candidate’s authorized campaign committee must pay all bills, dispose of remaining funds, terminate, and file a final campaign report.  The measure took effect immediately as an emergency measure.
  • Votes for Sale for Campaign Contributions (Part I):  A Michigan legislator has been accused of offering his vote for sale, according to the Detroit Free Press.  Larry Inman sent a series of text messages offering to vote “no” on a bill to repeal a prevailing wage law in exchange for campaign contributions and has been indicted on federal extortion and bribery charges.
  • Votes for Sale for Campaign Contributions (Part II):  President Trump pardoned the former minority leader of the California Assembly, who was convicted in 1994 of racketeering for selling his vote to an undercover FBI agent in exchange for a campaign contribution.  The San Francisco Chronicle reports that Pat Nolan befriended Jared Kushner and his father through his prison ministry when the elder Kushner was sentenced to prison for tax evasion.
  • How Pay-to-Play Works:  The Jackson Clarion-Ledger explains how pay-to-play works in the Mississippi legislature.  The article describes how one Mississippi company has “been sidestepping competitive bids to get state education money” by receiving earmarks in the state budget.  The article points out that vendors make campaign contributions to lawmakers and these lawmakers then write earmarks into the budget; however, “vendors and politicians say these facts are unconnected.”