Latest Developments:
Montana and Oregon Join Hawaii to Address Corporate and Dark Money
The measure on Montana’s November ballot considers a “dark money” ban barring businesses, unions and nonprofit groups from making donations to candidates and political parties. Those who violate Montana’s proposed law would be punished by “forfeiting all privileges to do business in Montana.” Text of Measure. If passed, the measure would almost certainly face legal challenges similar to challenges to a measure in Hawaii, as previously reported. The U.S. Chamber of Commerce has now filed suit. Politico – U.S. Chamber Sues Hawaii Over Political Spending Law. Oregon voters may also see a constitutional amendment on the 2028 ballot. The proposed Oregon amendment, filed this month, would still allow political action committees and member donations to candidates. Oregon Constitutional Amendment Banning Dark Money and https://stompoutdarkmoney.org/ For a state-by-state review of such efforts by the Transparent Election Initiative, see https://transparentelection.org/find-your-state/oregon.
Corporate Donations to State Attorneys General Setting Records
The Wall Street Journal reviewed records of corporate donations to state Attorneys General nationwide, finding both “the Republican and Democratic attorneys general associations are on track to have their most successful fundraising years ever,” and collected “a record-breaking $37 million in the first half of 2026 between them.” The report noted that all such donations are not public, due to reporting thresholds or the fact they “go toward more opaque entities.” WSJ – Corporate Donations to State AGs
FPPC Fines San Jose Mayor for Late Behested Payment Disclosures
Mayor Matt Mahan agreed to a $27,500 fine after he self-reported
38 payments that were disclosed up to two years late, including 37 payments totaling $1,969,550 to an organization in which his staff reportedly had “decision-making roles.” It was the latest example of regulators holding elected officials accountable for late disclosures of behested payments. The FPPC considered self-reporting, staff’s failure to track payments, and that delays were not intentional, reducing a potential $80,000 fine, but noted timely disclosure is needed for the public to assess the payments’ “propriety.” Donors are listed in the settlement but not accused of violating the law. Stipulated settlement and Mercury News – Mahan Fined for Delayed Disclosures
Events and Reminders:
Join experts discussing Rethinking Political Ethics and Regulation in a Time of Change, a virtual program set for September 30, 2026, from 1:30 p.m. to 2:45 p.m. EDT/10:30 a.m. to 11:45 a.m. PDT, hosted by the Council on Governmental Ethics Laws (COGEL) and the American Bar Association’s Section of State, Local and Tribal Government Law. The session will examine the rapidly evolving landscape of political conduct, governance norms, and regulatory frameworks at the federal, state, local, and tribal levels. Panelists include: the Chair of the California Fair Political Practices Commission, Adam Silver, former Chicago Board of Ethics Executive Director Steve Berlin, State of Hawaii Campaign Spending Commission Executive Director Kristin Izumi-Nitao, Eva Hartman, a J.D. candidate at the William & Mary School of Law, and Jeff Zhou, an M.P.P. candidate at the Harvard Kennedy School. They will explore how existing ethics regimes are adapting to contemporary challenges. Nielsen Merksamer’s Jason Kaune will serve as moderator. The program provides Continuing Legal Education credit in ethics. Learn more here, with a link to the ABA website: COGEL Events
In Case You Missed It:
The Paid Influencers Saturating the Internet with Political Content
The New York Times analyzed the use of influencers to create pervasive political content, using different identities and often involving people outside of the U.S., who advocate for a wide variety of candidates and causes. For example, the report notes, “an unidentified nonprofit group” allegedly “offered up to $1,500 for videos on TikTok, YouTube and Instagram that support ‘mail voting working correctly.’” NY Times – Influencers – Midterms
Arizona Candidates May Have to Return Millions in “Clean Elections” Money
Three statewide candidates who collected $4.7 million in public campaign funds under Arizona’s “Clean Elections” program may have to return it, after a Commission investigation revealed evidence that two Green Party candidates and one Republican candidate may have improperly obtained the money. The Citizens Clean Elections Commission uncovered “strong evidence” the candidates did not collect $5 from each person who apparently signed a qualifying contribution form for their candidacies. Axios Phoenix – Clean Elections Candidates
New Hampshire Chief Justice Resigns, Admitting Ethics Violations
Supreme Court Chief Justice Gordon MacDonald resigned after admitting to violating three sections of the state’s Code of Judicial Conduct, including actions related to orchestrating a judicial branch employee’s firing and rehiring to cash out nearly $50,000 in accrued benefits. Stipulation The state Judicial Conduct Committee determined that MacDonald failed to “promote public confidence” in the judiciary, failed to perform his duties competently, and failed “to avoid favoritism” regarding the employee’s removal from her position. NHPR – Supreme Court Chief Justice Resigns