Latest Developments:
- The Montana Commissioner of Political Practices announced new campaign contribution limits. Contribution limits are increased for contributions made on or after September 21, 2019.
- The Governor of California signed three political law bills this week. Two bills make minor and technical changes and include: AB 902, which codifies several regulations of the Fair Political Practices Commission, including allowing an assistant treasurer to act in place of a treasurer of a committee and requiring that lobby coalitions file reports; and AB 946, which is a technical corrections bill that deletes obsolete and extraneous provisions of the Political Reform Act. In addition, AB 909 requires that committee treasurers acknowledge, on a statement of organization and amendments, that any violation of their duties under the Political Reform Act is a crime.
Reminder:
The Practising Law Institute presents a one-day, focused program on Corporate Political Compliance 2019 in San Francisco, CA on October 3, 2019. Nielsen Merksamer co-chairs this program. Nielsen Merksamer clients who wish to attend in person in San Francisco should contact their political law attorney for complimentary attendance until September 30. Nielsen Merksamer clients also enjoy a 20% discount off the cost of registration for the webcast using the code NFZ9 CPL19. To sign up, use the following link: PLI One-Day Program in San Francisco.
The Nielsen Merksamer Essential Ethics October Sacramento briefing is being rescheduled. Please stay tuned for updates.
In Case You Missed It:
- New Sheriff in Town: David Emadi, the recently appointed Executive Secretary of the Georgia Government Transparency and Campaign Finance Commission, filed complaints against 13 current members of the Georgia Legislature for campaign finance violations. According to the Atlanta Constitution, “when he took over earlier this year [Emadi] was told lawmakers weren’t following campaign finance laws.” Emadi is also reportedly “looking into violations by the campaign of Democratic gubernatorial nominee Stacey Abrams and Atlanta mayoral candidates,” according to the article.
- Going Dark: The Governor of Maryland has a “new super PAC and a related nonprofit (that) ‘can accept unlimited donations.’” CTPost reports “the governor’s solicitation illustrates a troubling trend that has escalated over the past decade, as public officeholders find methods to raise unlimited money – some from undisclosed donors – in ways often prohibited for traditional candidate committees.”
- Any Limits on New Powers?: The newly-created North Dakota Ethics Commission is grappling with the extent of its powers. At the first meeting, the new chair said he had received questions in a wide range of areas, “such as state lawmakers’ use of social media, and investigating ‘oil spills.’” He told the Grand Forks Herald that “‘people think … that we have authority over any kind of ethical question.‘” An outside expert opined that the “Ethics Commission is essentially responsible for investigating complaints perceiving cronyism, favoritism or ‘poor behavior’ among legislators, state officials and lobbyists… This is not a retributive committee. It’s a restorative committee.”
- Laid-Back Enforcement: The Oregon State Elections Division is being excoriated for its loose enforcement practices. The Oregonian reports that the gist of the Division’s enforcement investigation practice is to send a letter asking an accused if he or she violated state campaign law. If the person replies “no” to the authorities, the case is closed, even if the accused told the media a different story. As a result of this news, The Oregonian subsequently reports that the Elections Division is discussing changes, including asking for two elections investigators, positions that were cut in 2011 due to the recession.
- FARA Flameout: Politico reports, following the acquittal of a former Obama White House Counsel on FARA-related charges, that two others who worked with Paul Manafort are no longer under investigation for violations of the Foreign Agents Registration Act (FARA) relating to their work for Ukraine. Both retroactively registered as foreign agents.
- FARA Flameout 2: In another article from Politico, a federal judge has overturned two FARA-related guilty verdicts against a colleague of Michael Flynn, who allegedly worked for Turkish interests. The judge found “‘no substantial evidence that (the defendant) agreed to operate subject to the direction or control of the Turkish government.‘”