Latest Developments:
- The Federal Election Commission published proposed regulations that would define “AI-generated content,” require certain disclosures, and require broadcasters, cable providers, and others to inquire whether an advertisement contains AI-generated content. Public comments are due before the end of August.
- The United States Eighth Circuit Court of Appeals, in Miller v. Zigler, determined that a two-year revolving door restriction on former legislators registering as lobbyists burdens free speech and was unconstitutional as applied to the three plaintiffs in the case. The state failed to show a compelling anti-corruption interest and that its lobby ban was narrowly tailored. The court made clear, however, that it did not find that “most or all applications of Missouri’s lobbying ban violate the First Amendment.”
- The United States District Court for the District of Kansas, in Fresh Vision OP, Inc. v. Skoglund, issued a temporary restraining order blocking the enforcement of a provision of Kansas campaign finance law. After a nonpartisan, nonprofit organization endorsed a candidate, the Kansas Governmental Ethics Commission asked it to register as a PAC. The court indicated that plaintiffs are likely to prevail in their view that the state’s definition of a PAC is overly broad because the organization is neither under the control of a candidate nor has express advocacy as the major purpose.
- The Los Angeles County Board of Supervisors approved a charter amendment to be placed before the voters on the November 2024 ballot in the wake of county corruption scandals. The measure would, among other things, create an independent Los Angeles County Ethics Commission and an Office of Ethics Compliance, led by an Ethics Compliance Officer.
- The San Diego City Council approved a charter amendment to be placed on the November ballot for approval by the voters. The measure would provide that the city’s Ethics Commission is autonomous and may retain its own legal counsel, independent of the City Attorney’s office. The Executive Director would serve at the pleasure of the Commission.
- The City Manager of Irvine, California, sent a report to the Irvine City Council asking for modifications to the city’s lobby ordinance. According to the Voice of OC, a corruption scandal in neighboring Anaheim revealed that a defendant there had failed to properly register to lobby in the City of Irvine. The proposal would add compensation and expenditure thresholds for registration, broaden the definition of “lobbyist” to include grassroots activities, increase disclosure requirements, and expand enforcement provisions.
In Case You Missed It:
- FEC Proposal to Establish Exemption from Mandatory Reporting Disclosure: The Campaign Legal Center comments on the Federal Election Commission’s proposal to create a process to permit exemptions from disclosure, including withholding or redacting contributor information.
- New York City Limit Routinely Violated: According to The City, hundreds of contributors who are listed as “doing business” with the city have given more than the $400 limit to the Mayor’s campaign. More than $260,000 has been “refunded” following Campaign Finance Board reviews.
- Montana Contribution Limit Scheme OK: The Associated Press reports that the Montana Commissioner of Political Practices found no violation of state law when the Attorney General recruited a token opponent in order to double his primary election contribution limit.
- Texas Enforcement “Toothless?”: The Texas Tribune asserts that compliance with Texas ethics laws is “largely voluntary,” citing a lack of enforcement by the Texas Attorney General’s office. Millions of dollars in fines have been imposed, but not enforced or collected.