Latest Developments:
- Ohio Law Banning Campaign Contributions from Foreign Nationals Reinstated: As previously noted in this blog, a federal district court had enjoined Ohio’s new campaign finance law with respect to all foreign nationals, largely on the grounds that the law penalized lawful permanent residents without cause. On appeal, the 6th Circuit granted a motion for stay of that ruling pending appeal, finding that the district court’s analysis was “flawed” because the interest assigned to lawful permanent residents was too great, the interest assigned to the state of Ohio was too small, and the law was narrowly tailored.
- Uncertainty Regarding Federal Fundraising Ads: The Federal Election Commission (FEC) could not find consensus on an advisory opinion about the recent practice of adding a donation prompt at the end of ads and framing the ad a fundraising effort, maximizing donor funds because Joint Fundraising Committees (JFC) enjoy cheaper rates and avoid some content restrictions. The FEC deadlocked on competing drafts and did not submit any opinion on this issue. The deadlock allows the practice to continue by JFCs on each side of the aisle, although a watchdog group has asked the Federal Communications Commission (FCC) to weigh in.
- Text Deletion Found Illegal:From Mission Local, the Sunshine Ordinance Task Force, San Francisco’s oversight body responsible for public records and transparency laws, responded to a complaint from a citizen who had unsuccessfully requested text messages from San Francisco officials on multiple occasions by unanimously finding that the mayor and city attorney both violated city law by deleting text messages dealing with official business as a matter of policy.
- Lawmakers Decide if Communications are Public: In a gerrymandering case in which the plaintiffs subpoenaed documents and communications related to redistricting criteria, a Montana federal district court judge ruled that legislative privilege applies to communications revealing a legislator’s deliberations and motivations, with the result that any such evidence is privileged unless the legislator waives the privilege.
Reminder:
- Election Administration Education Webinars: Readers of the blog do not need a reminder to vote. However, changes in election law have led voters of all types and levels of experience to ask questions about election administration, from registration to recount. Check out this voter education series, Empowering Every Voter, co-sponsored by the American Bar Association:
https://www.americanbar.org/groups/public_interest/election_law/voter- education-series/
In Case You Missed It:
- 2-Year Prison Sentence for Former Deputy Mayor: The LA Times reports that a federal judge sentenced a former Los Angeles deputy mayor to 12 years in prison after a jury convicted him on 12 counts (racketeering conspiracy, bribery, honest services fraud, and giving false statements to investigator) related to his accepting $750,000 in bribes and facilitating the transmission of an additional $1 million in bribes.
- Uptick in Spending without Receipts: The Washington Post reports that federal lawmakers have spent at least $2.5 million ($120,000 more than in the same period in 2023) under a program allowing for reimbursement of some lodging, meals, and incidental costs without providing receipts: the program was started in 2022 to help members of Congress with the expenses of maintaining two households, but critics have increasingly decried the program’s lack of transparency.
- Disinformation Advice from Harvard Law School: The Harvard Law School Forum on Corporate Governance offers advice to companies about battling disinformation campaigns, which have become a regular feature of U.S. elections, especially with the rise of social media and AI; tips include adopting particular strategies with respect to technology, planning responses to possible disinformation scenarios, defining stakeholder interests, and working with experts.
- Cards Against Humanity Offers Cash to Voters: As reported by the Election Law Blog, Cards Against Humanity, the often irreverent card game, is offering up to $100 to anyone who publicly mocks Donald Trump and makes a plan to vote; although it is illegal under federal law to offer to pay anyone to vote, experts are split on the legality of the game’s actions because voters are not required to vote against Trump, and there are no consequences to not voting at all.