HomeEssential Ethics / May 29, 2025

Essential Ethics

May 29, 2025

Latest Developments:

  • Maine Contribution Limit Challenged: From Reform Compass, two super PACS have sued to challenge a law passed by 75 percent of Maine voters that caps contributions to super PACs at $5,000. Cases cited to support a ban on super PAC contributions include those of former Ohio House Speaker Larry Householder and former U.S. Senator Bob Menendez.
  • Maryland Appellate Court Protects Donor Identities from Disclosure: The Appellate Court of Maryland held that the names and addresses of individual donors to a fundraising website for a city council president constitute “financial information” that must be redacted under the Maryland Public Information Act.
  • Montana Adjusts Lobbying Thresholds: House Bill 804 will increase the lobbyist payment threshold from $2,150 to $3,000, with a mechanism for inflationary adjustments. The principal reporting threshold will decrease from $5,000 to $3,000 in a calendar year. Monthly reports will be triggered when spending reaches $3,000 during the prior calendar month.
  • Georgia Changes Lobbyist Reporting Schedule: Georgia’s governor has signed Senate Bill 199, which requires lobbyists to submit one report on the fifth of each month instead of semi-monthly reports. It also sets PAC reporting deadlines on January 31, April 30, July 31, and October 20 of each year until the bank account has been zeroed out and the PAC has been terminated. The new law takes effect January 1, 2026.
  • S. DOJ Releases White Collar Enforcement Memo: The U.S. Department of Justice Criminal Division has issued a memo outlining the office’s enforcement priorities and policies for prosecuting corporate and white-collar crimes in the Trump administration. The policy emphasizes the potential benefits of cooperating with an investigation.

Reminders:

  • Don’t forget to join Evann Whitelam of Nielsen Merksamer for a Practising Law Institute (PLI) one-hour briefing on July 1, 2025, at 3:00 p.m. Eastern Time on “Corporate Political Activity and ESG Under the Trump Administration – A Six-Month Review.” Registration is still available.
  • Minnesota’s Campaign Finance and Public Disclosure Board will conduct a two-hour compliance training for party units and political committees and funds on Thursday, June 5, at 1:00 p.m. Central Time. The training will provide an overview of Minnesota’s campaign finance laws and rules. Registration is available online.

In Case You Missed It: 

  • House Ethics Watchdog May Begin Work: Politico reports that four members have been appointed to the board of the Office of Congressional Conduct, after four months in which the board lacked the ability to act. The board vets misconduct allegations against lawmakers and sends findings to the House Ethics Committee, the entity that can recommend formal action.
  • DOJ Seeks to Eliminate Checks on Lawmaker Prosecutions: From the Washington Post, the U.S. Department of Justice has proposed eliminating a policy requiring approval from lawyers in the Department’s Public Integrity Section before a lawmaker may be indicted and no longer requiring a consultation with section attorneys during key steps of probes involving public officials. 
  • Big Money Spending on Both Sides of the Aisle: The New York Times published two articles on the state of money on both the Republican and Democratic sides of the aisle. The Congressional Leadership Fund and the Senate Leadership Fund, both GOP super PACs, have seen veteran Trump strategists installed in senior positions. Trump’s super PAC, MAGA Inc., raised roughly $400 million since the 2024 election, a sum without precedent so early in an election cycle, especially for a termed-out president. On the Democratic side, Future Forward, a super PAC that raised $900 million for Kamala Harris and $1.4 billion since its founding, plans to remain active despite criticism of how it handled Harris’s presidential campaign.
  • Tech Companies Crackdown on Dissent: The Washington Post reports that some of the tech industry’s biggest corporations are cracking down on employees who criticize their policies. The article reports on corporations rejecting worker petitions, firing employees who organize protests, removing critical posts on internal message boards, and warning against leaks to the media and firing employees who have leaked information.
  • Oregon Ethics Commission Rejects Two Plea Deals as Too Lenient: The Oregon Ethics Commission rejected plea deals because it felt the head of an office should face a harsher penalty. Oregon Public Broadcasting reports that the former executive director of the Oregon Liquor and Cannabis Commission had negotiated a $500 fine for his role in the scandal involving bottles of Pappy Van Winkle, but the Ethics Commission rejected the agreement. OregonLive.com reports that the Ethics Commission rejected a staff-proposed penalty of $1,600 for former Oregon Secretary of State Shemia Fagan and instead levied a $3,600 fine. The matter involved ethical lapses that led to her 2023 resignation after taking a $10,000-a-month consulting job with a marijuana company while her office was auditing the industry. 
  • Buggy Website Delays Michigan Lawmakers’ Financial Reporting: MLive reports that Michigan’s new campaign finance portal, which cost $9 million, has been so plagued with bugs that the House and Senate passed legislation extending lawmakers’ deadline to submit financial disclosures and allowing them to submit disclosures by email. The Secretary of State’s office has added a page to its website explaining the status.