Latest Developments:
- The U.S. Government Accountability Office issued a report to congressional committees regarding compliance with lobby reporting requirements. The report found that “most lobbyists provided documentation for key elements of their disclosure reports to demonstrate compliance with the Lobbying Disclosure Act of 1995, as amended (LDA)… GAO estimates that
- 92 percent of lobbyists who filed new registrations also filed LD-2 reports as required for the quarter in which they first registered…;
- 97 percent of all lobbyists who filed provided documentation for lobbying income and expenses;
- 35 percent of all LD-2 reports may not have properly disclosed one or more previously held covered positions as required; and
- 7 percent of LD-203 reports were missing reportable contributions.”
- The Governor of Florida signed HB 921, which prohibits nonresidents and out-of-state PACs from contributing more than $3,000 to a “political committee that is the sponsor of or is in opposition to a constitutional amendment proposed by initiative.” The limit applies until “the Secretary of State has issued a certificate of ballot position and a designating number for the proposed amendment that the political committee is sponsoring or opposing.”
- The California Attorney General issued an Opinion 19-1001 finding that the state’s “statutory ban on [Fair Political Practices] Commissioner (political) contributions applies to candidates in federal elections held in this State.” The Attorney General reviewed a statute that he said “fosters impartiality by prohibiting Commissioners from engaging in certain political activities during their tenure. Commissioners may not serve as an officer of a political party or partisan organization, work as a lobbyist, or hold or seek another public office. Nor may Commissioners ‘participate in or contribute to an election campaign.’” The opinion reviews other provisions of the Political Reform Act covering federal activity, some of which were preempted (for example, additional filings by federal officials) and others that remain (notably the state’s pay to play law’s applicability to certain federal contributions.) The opinion was triggered when a commissioner contributed to a federal presidential candidate.
- Voters in the City of St. Louis approved Proposition R, an ethics measure that includes an independent redistricting commission and prohibits various conflicts of interest. Among other things, the measure prohibits any “Alderperson or employee of the Board of Alderpersons” from working as a lobbyist or seeking to “directly or indirectly influence a decision of the City or any department or agency thereof until one year after termination of their service or employment.” The voters approved the measure by a 69% to 31% margin.
In Case You Missed It:
- Case Closed: The Federal Election Commission has resolved its case against former Congressman Duncan Hunter and his campaign committee. The Hunters agreed to pay a $12,000 fine; the committee earlier agreed to pay a $4,000 fine. The San Diego Union-Tribune explains that the fines were for “wrongly spending campaign donations for personal use…” Hunter resigned from office after both he and his wife pleaded guilty to criminal charges related to the contribution activity. Both were pardoned by President Trump.
- Cuomo Sues JCOPE: The Albany Times-Union reports that former Governor Andrew Cuomo’s attorney “filed a complaint asking the state inspector general’s office to investigate their claim that members of the [New York Joint] commission [on Public Ethics] or its staff leaked confidential information about Cuomo’s dealings with the ethics panel. [His attorney] also filed a lawsuit in state Supreme Court late Friday challenging the commission’s efforts to make him return more than $5 million in proceeds from a book he wrote about his administration’s handling of the pandemic.”
- Another Corruption-Related Resignation: The San Francisco Chronicle reports that the head of San Francisco’s Department of the Environment, Debbie Raphael, resigned in advance of a report detailing her solicitation of a city contractor for a contribution to fund events. One city supervisor called for a “hearing after recent reports from the San Francisco Standard that Raphael ‘may have been complicit in granting a sizable and controversial landfill contract to Recology while soliciting a $25,000 contribution’…” A new city ordinance, effective this year, bans behested payments from interested parties, including city contractors, lobbyists, and permit consultants.
- 130+ Ethics Charges: The Charleston Post & Courier describes the plight of a state legislator who “is facing more than 130 ethics charges related to allegations he mishandled campaign funds. Among the most serious charges against the four-term House member: that Hill spent campaign money on a personal mortgage, accepted — but didn’t report — cash donations, and failed to publicly report fundraising and spending for his Statehouse campaigns.” The article notes that the “investigation sprang from an audit that found Hill’s campaign records were a mess.”