HomeEssential Ethics / October 23, 2020

Essential Ethics

October 23, 2020

Latest Developments:

  • The Michigan Secretary of State released inflation-adjusted lobby reporting thresholds, fees, and penalties for 2021. The changes include an increase in the threshold that requires registration from expenditures of more than $2,535 in a 12-month period to $2575 and an increase in the monthly food and beverage limit from $63 to $64.
  • The Government of Yukon announced that “(a)ll lobbyists in Yukon are now required to report their activities. The Lobbyists Registration Act came into effect on October 15, 2020, making registration mandatory for those who meet the criteria set out in the Act.” Anyone who qualifies as a lobbyist should register at the Yukon Lobbyist Registry 
  • The United States Department of Education issued a report that raises the specter of foreign influence and access to sensitive information at institutions of higher learning. Not unlike the Foreign Agents Registration Act (FARA), which requires disclosure of foreign agents attempting to influence the government, “Congress requires U.S. colleges and universities (‘institutions’) publicly to report foreign gifts and contracts to the U.S. Department of Education.” Last week we reported on the State Department’s effort to figure out the extent to which “think tanks” that provide it with information are funded by foreign sources. The Department of Education report found that only a few institutions self-report foreign money received and “many (institutions) appear to have inadequately, or in some cases failed entirely, to report as required by law.”
  • COVID-19 Update: Government officials, 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 Louisiana Legislature, in an extraordinary session, approved several election-related measures. Pertinent to political activity by individuals, corporations, and non-profits, HB 51 bans state and local officials from soliciting or accepting private donations to conduct elections during a state of emergency. The law specifically exempts the solicitation or use of in-kind contributions related to expenses related to seeking office. The bill goes to the Governor for his approval. 

In Case You Missed It:

  • FEC still MIAGovernment Executive reminds us that the Federal Election Commission cannot take any formal actions during this election season as it still lacks a quorum. One observer pointed out that the commission can’t meaningfully investigate violations, impose fines, engage in enforcement actions, or issue advisory opinions. He also notes that “candidates or political groups hoping to get legal guidance from the FEC have been unable to do so for most of the 2020 election cycle.”
  • October Surprise in Montana: According to the Bozeman Daily Chronicle, the Montana Commissioner of Political Practices found that a candidate for Governor “failed to properly report in-kind contributions” and “also accepted donations beyond the state limit.” The candidate’s campaign asserts that a “clerical error” was involved; the “commissioner’s office is now negotiating a settlement with (the candidate’s) campaign.”
  • Second Amendment Disclosure: The Casper Star-Tribune reports the Wyoming Gun Owners (WYGO) have been ordered to register as a result of paying for certain advertisements “targeting several candidates in the upcoming November elections.” The article quotes the letter, which asserts that the “‘Secretary of State’s Office has reviewed the advertisements paid for by WYGO and determined that they are clearly electioneering communications.’” The letter also notes that the organization is “‘not currently registered with the state as either a lobbying organization or a political action committee, which is required.’”
  • More Gun News: The San Jose Mercury-News reports that the main witness in an “alleged bribery scheme to trade political donations supporting Santa Clara County Sheriff Laurie Smith for concealed-carry weapons permits pleaded guilty.” According to the article, the group sought “to obtain up to a dozen concealed-carry weapons permits from the Santa Clara County Sheriff’s Office in exchange for $90,000 in donations to groups that supported” the Sheriff.
  • Lobbying Largely Immune from PandemicPolitico compares lobby revenue reported for the third quarter of 2020 with prior quarters and concludes that “some of Washington’s top lobbying firms saw near-record lobbying revenues in the third quarter of this year, proving once again that 2020 isn’t a typical year.” Despite the pandemic and the election year, which “isn’t traditionally a strong period for lobbying work,” apparently business “was driven by the federal government’s response to the pandemic and the massive (coronavirus) spending package.”
  • Virtual K StreetThe Hill reports on how lobbyists “are preparing for the difficulty of virtually getting to know newly elected members of Congress when they come to Washington for orientation next month.” The task is difficult “without in-person meetings or the fundraisers that typically populate K Street’s calendar shortly after a general election.”