Latest Developments:
- Federal Court Blocks Foreign Influence Rule: An Ohio federal district court has granted an injunction preventing the enforcement of Ohio House Bill 1, which was intended to limit foreign influence in elections by restricting noncitizen political spending. Plaintiffs successfully argued that the bill would have blocked participation by legal permanent residents, citing First Amendment concerns related to freedom of speech and the right to hear that speech.
- CA Pay-to-Play in Play : SB 1243 is headed to California Governor Newsom’s desk for signature or veto; it raises the threshold of contributions regulated by the Levine Act from $250 to $500, disaggregates agents and parties, creates new exceptions, and codifies definitions of when consultants are not “attempting to influence.” Another bill, SB 1181, would make additional changes to covered proceedings and officials codependent on the passage of SB 1243.
- 44-Count Ethics Probe: The Los Angeles Ethics Commission has accused a Los Angeles real estate developer of 44 counts of campaign finance violations, including illegally reimbursing donors and exceeding contribution limits by over $210,000.
- San Bernardino to Increase Limits: The Press-Enterprise reports that San Bernardino County has voted to increase contribution limits. The previous threshold of $5,500 has been raised to $10,000 for individuals, and political party campaigns may now contribute up to $100,000.
- Registration and Reporting Ordered: In a case originated by the State Ethics Commission, a judge has ordered the New Mexico Project to register as a political committee and file campaign finance reports, even though the group insists its purpose is merely educational.
- Anaheim Ethics: The Orange County Register reports that the City of Anaheim has hired its first ethics officer, who will provide legal expertise on ethical issues, campaign finance laws, conflict of interest rules, and the city’s lobbying laws.
Reminders:
- Calling All Poll Workers: The American Bar Association is calling on lawyers and law students to act as poll workers in the 2024 election; interested parties may register to be a poll worker at https://www.nass.org/can-I-vote.
In Case You Missed It:
- SCOTUS Ruling on Use of Names: In Vidal v. Ester, the United States Supreme Court held in a narrow decision that the First Amendment allows application of trademark law with respect to names, in this case the use of a candidate’s name. Some commentators have suggested this may impact the naming and use of names in political activities.
- Corporate Social Responsibility and LGBTQ+ Ratings Retreat: Axios reports that multiple companies, including Ford, Harley-Davidson, and Jack Daniels, have withdrawn from the Human Rights Campaign Corporate Equality Index, which scores companies based on a wide variety of categories, including nondiscrimination policies, spousal and partner benefits, transgender-inclusive benefits, and engagement with the LGBTQ+ community.
- Mislabeled Invoices Fund Attendance: From the LA Times: multiple employees of the LA Department of Water and Power attended a conference in 2023, where they enjoyed food and gift expenditures in amounts well above the gift limit as they were labeled as registration fees for some of the attendees even though the conference was free to attend.
- Portland Investigates Wikipedia Edits: According to the Portland Mercury, the Portland Elections Office is looking into possible campaign finance violations by a city commissioner who used $6,400 in public funds to edit his Wikipedia page in the middle of a campaign.