Today, the Federal Election Commission (FEC) concluded the use of fraudulent misrepresentation utilizing artificial intelligence (AI) in federal campaign advertisements is already covered by existing campaign finance law.

Going forward, the Commission will proceed with any application of allegations of fraud using AI or other specific technologies under 52 U.S.C. §30124  on a case-by-case basis.

On July 13, 2023, a Petition for Rulemaking was submitted to the FEC asking it to undertake a rulemaking “to clarify that the law against ‘fraudulent misrepresentation’ (52 U.S.C. § 30124) applies to deliberately deceptive AI produced content in campaign communications.” The Federal Election Campaign Act currently prohibits any person from falsely representing that they are speaking, writing, or acting on behalf of a federal candidate or a political party for the purpose of soliciting contributions. The law also prohibits a candidate, his or her employee or agent, or an organization under the candidate’s control, from purporting to speak, write, or act for another candidate or political party on a matter that is damaging to the other candidate or party.

Through the Commission’s approval of two drafts of a Notification of Disposition, REG 2023-02 (Artificial Intelligence in Campaign Ads), and an Interpretive Rule Regarding 52 U.S.C. §30124, the Commission decided not to initiate a rulemaking.

Commissioner Dara Lindenbaum stated a clear answer has been given as to whether generative-AI applies to the existing campaign finance laws. In today’s FEC’s open meeting, Lindenbaum stated,  “Yes, the statute is technology neutral. So, I think we have given a very clear response today.”

Chicago City Council has voted unanimously to ban registered lobbyists from financially contributing to mayoral candidates, incumbent or otherwise.

Additionally, businesses owned by lobbyists are also banned from contributing.

Violations could result in a 90-day ban from lobbying city officials.

Ordinance 2024-009664 was previously deferred but was revived when Mayor Brandon Johnson dropped his opposition to the plan.

Campaign Finance

California: “Oakland Ethics Commission Declines Proposed Settlement with Libby Schaaf” by Eli Wolfe (Oaklandside) for MSN

Oregon: “‘Exceedingly Close Call’ of Illegality in Gonzalez’s Wikipedia Edits, Portland Auditor Says; Calls for State Investigation” by Zane Sparling (Portland Oregonian) for MSN

Washington: “Let’s Go Washington Accused of Violating Campaign Finance Law” by Jerry Cornfield (Washington State Standard) for Yahoo News

Elections

Arizona: “Court May Decide If Arizonans with Missing Citizenship Records Can Vote in State Races” by Yvonne Wingett Sanchez and Patrick Marley (Washington Post) for MSN

National: “Violent Threats and Attacks Escalate Tensions in Trump-Harris Race” by Hannah Knowles and Hannah Allam (Washington Post) for MSN

Legislative Issues

California: “California Legislature’s Unwritten Rule: Negotiate in secret with lobbyists, not in public” by Ryan Sabalow (CalMatters) for MSN

Lobbying

Illinois: “City Council Cracks Down on Lobbyist Campaign Donations to Mayor after Johnson Took Contributions” by Tessa Weinberg for WBEZ

Redistricting

Ohio: “Ohio Supreme Court Clears Ballot Language Saying Anti-Gerrymandering Measure Calls for the Opposite” by Julie Carr Smyth (Associated Press) for MSN

Gov. Newsom signed a bill with disclosure requirements for political committees creating, originally publishing, or originally distributing a qualified political advertisement.

A qualified political advertisement is an advertisement containing any image, audio, or video generated or substantially altered using artificial intelligence.

Assembly Bill 2355 requires the disclosure of a qualified political advertisement to be appear at the top of the disclosure area and to be separated from the other required disclosures by a blank line.

The bill becomes effective January 1, 2025.

Voters will decide whether to pass a ballot measure this upcoming November election which would tighten the city’s public ethics laws.

Ballot Measure OO would establish and revise various requirements of the Public Ethics Commission and its members.

It would also amend the lobbyist registration act to prohibit lobbyists from making direct payments of more than $50 per year to local elected officials, candidates, and their families.

If approved by voters on November 5, the measure would be effective 10 days after the vote but the amendments to the lobbyist registration act would be effective January 1, 2025.

Campaign Finance

New Mexico: “Judge Orders ‘Dark Money’ Group Back to Court for Failure to Register, Disclose Donors” by Daniel Chacón (Santa Fe New Mexican) for Yahoo News

New York: “Mayor Adams’ Team Asked Campaign Watchdog for More Time – Citing Federal Investigation” by Brigid Bergin for Gothamist

Pennsylvania: “Protesters Rally Against Dark Money after 35-Mile March from Lancaster to Harrisburg” by Sarah Nicell for Lancaster Online

Elections

Ohio: “Ohio Sheriff Says to ‘Write Down’ Addresses of Homes with Harris Signs” by Praveena Somasundaram (Washington Post) for MSN

Ethics

Colorado: “Utilities Have to Itemize Some Political Spending in Other States. They Want Regulators to Keep It Secret in Colorado” by Ishan Thakore for Colorado Public Radio

National: “How Roberts Shaped Trump’s Supreme Court Winning Streak” by Jodi Kantor and Adam Liptak (New York Times) for DNyuz

Nebraska: “Nebraska Accountability and Disclosure Commission Seeks New Director as Hunter Steps Back” by Aaron Sanderford for Nebraska Examiner

Lobbying

California: “San Jose Councilmembers Team Up to Lobby City” by Brandon Pho for San Jose Spotlight

Canada: “Affordable Housing Advocate Penalized for Not Registering as a Lobbyist with City of Hamilton” by Samantha Beattie for CBC

Elections

National: “Vance Amplifies False Claims About Haitian Migrants in Ohio” by Sarah Ellison, Mariana Alfaro, and Lisa Rein (Washington Post) for MSN

Georgia: “Judge in Georgia Election Case Knocks Out 2 Charges Against Trump” by Josh Gerstein (Politico) for MSN

Ethics

Arizona: “Chandler Council Member, Accused of Corruption, Seeks Millions … from Chandler” by Sam Kmack (Arizona Republic) for Bears Wire

National: “How This Lawsuit Against the IRS Aims to Allow Churches a Greater Role in Politics” by Angele Latham (Nashville Tennessean) for MSN

New York: “Mayor Adams’ Chief Counsel Lisa Zornberg Resigned Over Rebuffed Advice to Fire Officials Amid Probe” by Chris Sommerfeldt (New York Daily News) for MSN

Ohio: “SEC Sues Ex-FirstEnergy CEO Jones; Conspiracy Charge Brought Against Him, Ex-Exec Dowling” by Patrick Williams (Akron Beacon Journal) for MSN

Lobbying

Kentucky: “Complaint Filed Against a Top Kentucky Democrat for Condo Purchase. She Says It’s Ethical.” by Austin Horn (Lexington Herald-Leader) for Yahoo News

National: “In New York Case, Signs of a Familiar China Playbook” by David Pierson (New York Times) for DNyuz

Campaign Finance

California: “Silicon Valley Political Groups Fail to Meet Transparency Requirements” by Brandon Pho for San Jose Spotlight

New Mexico: “State Ethics Commission Wants Political Group Held in Contempt” by Colleen Heild (Albuquerque Journal) for Yahoo News

Oregon: “Oregon Secretary of State Opens Investigation into Portland City Council Candidates Who Traded Contributions” by Carlos Fuentes (Portland Oregonian) for MSN

Elections

Florida: “Trial Begins in Alleged Florida Election Conspiracy That Tilted a Miami Senate Race” by Charles Rabin (Miami Herald) for MSN

Georgia: “Georgia Lieutenant Governor Won’t Face Charges Connected to 2020 Election” by Holly Bailey (Washington Post) for MSN

National: “Abortion Foes Use Government Power to Fight Red-State Ballot Measures” by Molly Hennessy-Fiske, Lori Rozsa, and Annie Gowan (Washington Post) for MSN

Ethics

New York: “New York City Police Commissioner Resigns After His Phone Was Seized in Federal Investigation” by Jake Offenhartz and Michael Sisak (Associated Press) for Yahoo News

Tennessee: “Lee Seeks Ethics Panel Advice on Travel Payments, Will Repay Expense If Found Inappropriate” by Vivian Jones (Nashville Tennessean) for MSN

Miami-Dade’s clerk of courts introduced an upgrade to the online lobbyist system.

The system will have new capabilities such online fee payment, principal removal, lobbyist authorization, and contingency fee declarations without the need of paper forms.

To implement the new system, the old system will go offline on September 23 at 11:59 p.m. and will remain offline until October 1.

Access to the new system will be granted on October 2 and it is encouraged to have all critical submissions completed before the cutoff date.

Training and support resources will be available to help users get acquainted.

Finally, if registration is required during the black-out period, lobbyists and principals will be required to contact the Office of Clerk of the Board Division.

National/Federal

Candidates Can Use Campaign Funds for Childcare in Most States, but Few Do

Associated Press News – Isabella Volmert | Published: 9/12/2024

Two thirds of states now allow candidates of any gender running for public office to use campaign funds to pay for childcare expenses after the FEC approved the practice for federal candidates in 2018. While women with young children say its monumental to their campaigns and usage is growing, the number of candidates taking advantage of the policies remains relatively low and numerous complex barriers keeping mothers from running for office persist.

How Taylor Swift Surprised Harris, and Entered a New Political Era

DNyuz – Katie Rogers, Matt Stevens, and Emily Cochrane (New York Times) | Published: 9/11/2024

Taylor Swift endorsed Vice President Kamala Harris after Harris’s debate against Donald Trump. In a political landscape with countless celebrity endorsements that do little to prompt would-be voters into action, Swift’s support stands out as among the most meaningful. The vice president’s advisers said they believed the contest would come down to disengaged Americans who might not know which way they will vote, or if they will vote at all. That is where someone like Swift could make a difference.

Feds Increase Security for Jan. 6 in Effort to Prevent Capitol Attack Repeat

MSN – Peter Hermann and Jacqueline Alemany (Washington Post) | Published: 9/11/2024

The federal government will dramatically increase security protections for the joint session of Congress where lawmakers count states’ electoral votes, an escalation of government-wide efforts to prevent a repeat of the attack on the Capitol. The Department of Homeland Security has designated the next electoral count, scheduled for  January 6, 2025, a National Special Security Event, giving the once-routine gathering the same level of security accorded to presidential inaugurations and political conventions.

Justice Dept. Charges Two Russian Media Operatives in Alleged Scheme

MSN – David Nakamura, Catherine Belton, and Will Sommer (Washington Post) | Published: 9/4/2024

The Justice Department charged two Russian media executives in an alleged scheme that authorities say illegally funneled millions of dollars to a Tennessee-based company to create and publish propaganda videos that racked up millions of views on U.S. social media. Kostiantyn Kalashnikov and Elena Afanasyeva, Russian citizens who remain at large, were charged with conspiracy to violate the Foreign Agents Registration Act and conspiracy to commit money laundering.

Justice Alito Reports Concert Tickets, Stocks in 2023 Financial Report

MSN – Tobi Raji (Washington Post) | Published: 9/6/2024

Supreme Court Justice Samuel Alito received concert tickets valued at $900 last year from a German princess known for her conservative Catholic views and sold stock in a beer company targeted by anti-LGBTQ+ activists, according to his financial disclosure form. Alito continues to own individual stock in more than two dozen companies, a practice that is permitted but that transparency advocates caution can lead to conflicts-of-interest that require recusal from key cases. Chief Justice John Roberts is the only other member of the court who owns individual stocks; most other justices invest in mutual funds.

Federal Appeals Court Rules Against U.S. Sen. JD Vance, Other Republicans Trying to Erase Federal Limits on Coordinated Political Spending

MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 9/9/2024

A federal appeals court ruled against U.S. Sen. JD Vance and other Republicans in their attempt to overturn federal limits on political parties’ ability to coordinate spending with candidates. But a majority of the U.S. Sixth Circuit Court of Appeals expressed empathy with the Republican plaintiffs and only sided against them out of a belief it should be up to the U.S. Supreme Court, not them, to overturn a 2001 Supreme Court ruling upholding the limits.

Elon Musk’s Misleading Election Claims Reach Millions and Alarm Election Officials

MSN – Sarah Ellison, Amy Gardner, and Clara Ence Morse (Washington Post) | Published: 9/10/2024

In the two years since he bought Twitter, now X, Elon Musk has transformed it into a primary source of false election rumors, both by spreading them on his own account, which has 197 million followers, and lowering some of the site’s guardrails around misinformation. Experts say Musk is uniquely dangerous as a purveyor of misinformation because his digital following stretches well beyond the political realm and into the technology and investment sectors. Musk’s 52 posts or reposts about noncitizen voting drew almost 700 million views.

Harris Crisply Attacks Trump in Debate; He Retorts with Fiery Rhetoric

MSN – Toluse Olorunnipa and Marianne LeVine (Washington Post) | Published: 9/10/2024

Vice President Kamala Harris made a sharp, fiery case against Donald Trump during a freewheeling debate, blasting the former president’s character and preoccupation with himself while pressing him to task on issues including abortion, democracy, and foreign policy. Trump attacked Harris as a “Marxist” masquerading as a moderate and repeatedly turned the subject back to the U.S. southern border, often straying from the facts to embrace debunked conspiracy theories about immigration and the 2020 election.

Trump, Republicans Push Swing-State Courts to Reject Mail-in Ballots

MSN – Colby Itkowitz (Washington Post) | Published: 9/10/2024

Republicans have waged a nationwide legal campaign since 2020 to reject mail-in ballots. They say the litigation is aimed at the enforcement of election law to the letter. But critics see a strategy that has nothing to do with election integrity and everything to do with disqualifying voters who cast ballots by mail, an overwhelming majority of whom support Democrats.

Super PAC Funded by Ted Cruz’s Podcast Deal Gave $1 Million to Back His Campaign

San Antonio Current – Sanford Nowlin | Published: 9/6/2024

Despite U.S. Sen. Ted Cruz’s prior statements that he has no direct involvement with a super PAC funded by a distribution deal for his podcast, federal records show that same PAC is bankrolling his campaign’s field operations. Truth and Courage PAC, an entity partially funded by a deal the sentor struck with iHeartMedia to carry his podcast, shelled out $1 million in the second quarter to pay for door knocking and phone banking by Cruz’s reelection campaign.

The AI Industry Uses a Light Lobbying Touch to Educate Congress from a Corporate Perspective

Yahoo News – Dan Merica (Associated Press) | Published: 9/8/2024

The Artificial Intelligence (AI) industry has gone on a lobbying binge in the past few years, deploying scores of hired influencers to help shape potential government action. The technology is being adopted by powerful sectors of the economy, all with the hopes of having a say on possible regulations. As AI evolves at such a rapid clip, lawmakers are leaning on the lobbyists’ expertise because think tanks, nonprofit groups, and academia are struggling to keep up with the changes. Relying on PowerPoint slides and briefing papers, industry lobbyists are getting lots of face time with lawmakers and staff, advising them on the fine points of the technology.

Campaign Money? Bribes? Lobbying? Your Utility Rates May Include Some, Advocates Say

Yahoo News – Medora Lee (USA Today) | Published: 9/8/2024

Millions of Americans receive their monthly utility bill and just assume it is high because of extreme weather. That is only part of the story. Customers are paying for everything from the utility company’s trade association fees, lobbying efforts to increase rates, and even country club memberships, consumer advocates say. Utilities have also funneled money to 501(c)(4) non-profits that can accept unlimited corporate and personal donations and are often used to engage in lobbying activity, issue advocacy, or political activity.

From the States and Municipalities

California – Ex-Oakland Mayor Schaaf Agrees to Pay $21,000 Fine for Breaking Campaign Rules

MSN – Sarah Ravani (San Francisco Chronicle) | Published: 9/6/2024

Former Oakland Mayor Libby Schaaf agreed to pay $21,000 in penalties to settle claims she violated election rules by failing to disclose her involvement in campaigns to pass a city ballot measure and defeat two incumbent city council candidates. The Public Ethics Commission’s enforcement unit also recommended fining the Oakland Chamber of Commerce nearly $50,000 for failing to report “intermediary contributions” it made on behalf of individuals, and it advised separate fines of about $20,000 each against Doug Linney, a director at East Bay Municipal Utility District who also works as a campaign consultant, and the Oakland police union.

California – L.A. Real Estate Developer Accused of 444 Violations of Campaign Fundraising Laws

MSN – Emily Alpert Reyes and David Zahniser (Los Angeles Times) | Published: 9/7/2024

The Los Angeles Ethics Commission accused real estate developer Samuel Leung of committing 444 violations of the city’s campaign finance laws, including those that prohibit the laundering of campaign money. The commission said it determined “probable cause exists” to believe that between 2009 and 2015, Leung reimbursed campaign donors in violation of city law and exceeded the limits for political contributions.

California – Reform Bills Inspired by LAist Investigation Are Before Newsom for Final Approval

MSN – Yusra Farzan (LAist) | Published: 9/11/2024

Three reform bills, inspired by LAist’s investigation into millions of taxpayer dollars in Orange County that are unaccounted for, passed unanimously in the state Legislature and are now awaiting California Gov. Gavin Newsom’s decision on whether to sign them into law. Two of the bills would require more public transparency about elected officials’ family ties to certain types of contractors, and in some cases ban them from participating in awarding the money.

California – Irvine Tightens Lobbying Rules

Voice of OC – Angela Hicks | Published: 9/11/2024

Irvine gave initial approval to strengthening the city’s lobbying rules. City council members approved the changes unanimously, which will require more people to register as lobbyists more often and publicly disclose their activities to the city. The lobbying ordinance will require a second reading and vote before it can go into effect. The council meets again on September 24.

Delaware – Transgender Lawmaker Wins Democratic Primary for Delaware’s Only House Seat

DNyuz – Amy Harmon (New York Times) | Published: 9/10/2024

State Sen. Sarah McBride won the Democratic primary for Delaware’s only U.S. House seat, making her the heavy favorite to win in November in the deep-blue state. If elected, she would become the first openly transgender member of Congress.

Delaware – Meyer Defeats Scandal-Plagued Hall-Long and O’Mara in Delaware’s Democratic Primary for Governor

WHYY – Chris Barrash | Published: 9/10/2024

New Castle County Executive Matt Meyer capitalized on Delaware Lt. Gov. Bethany Hall-Long’s yearlong campaign finance scandal and former state environmental protection chief Collin O’Mara’s late entry into the race and rolled to a convincing victory in the three-way gubernatorial primary. Meyer will be the prohibitive favorite to win the governorship over House Minority Leader Mike Ramone in a state where Democrats outnumber Republicans nearly two-to-one and since 2018 have held all nine statewide elective offices.

Florida – Florida Supreme Court Justices Raise Prospect of Tossing Fair Districts Amendment

Florida Politics – Jacob Ogles | Published: 9/12/2024

Florida Supreme Court Justices are questioning whether the Fair Districts Amendment to the state constitution impossibly handcuffs redistricting efforts. Chief Justice Carlos Muñiz raised the prospect of tossing the amendment, passed by Florida voters in 2010, as the court heard arguments that Florida’s congressional map violated measures prohibiting the diminishment of Black communities voting power.

Florida – DeSantis Election Police Question People Who Signed Abortion Ballot Petition

MSN – Lori Rozsa (Washington Post) | Published: 9/9/2024

Florida voters who signed a petition to place a pro-choice abortion referendum on the ballot this November say they have been visited by police who are investigating claims of fraud at the behest of Gov. Ron DeSantis’s administration. The investigation comes as Democrats and election experts express concern that DeSantis is using the powers of the state to derail the referendum, which would nullify a six-week abortion ban the governor signed into law last year. The state’s health-care agency recently launched a website that claims the amendment “threatens women’s safety.”

Florida – Mayor’s Office: No conflict for chief of staff Darnell Smith to also do Florida Blue work

Yahoo News – David Bauerlein (Florida Times-Union) | Published: 9/5/2024

Florida Blue insurance executive Darnell Smith, who has been Jacksonville Mayor Donna Deegan’s chief of staff since January, will split his time over the next few weeks between working on his city duties and handling ongoing negotiations for Florida Blue in its contentious insurance contract talks with Baptist Health. Smith does not receive a city salary. He works as an “executive on loan” from Florida Blue, which has continued to pay his salary and benefits. The arrangement is set to last through the end of December.

Illinois – Bribery Trial of Former AT&T Boss to Offer Sneak Preview of Madigan Case

Yahoo News – Jason Meisner (Chicago Tribune) | Published: 9/9/2024

Former AT&T Illinois boss Paul La Schiazza’s bribery trial began at Chicago’s federal courthouse where he stands accused of a scheme to funnel $22,500 in payments to a former House Speaker Michael Madigan associate in exchange for the speaker’s help passing legislation important to the company. La Schiazza’s case is expected to offer a sneak preview of a key part of Madigan’s own trial, which starts on October 8.

Indiana – McCormick Releases Ethics Plan with Focus on Lobbying Reform

Yahoo News – Whitney Downard (Indiana Capital Chronicle) | Published: 9/5/2024

Indiana gubernatorial nominee Jennifer McCormick released an ethics plan with a focus on increasing transparency and accountability for elected officials at the state and local level, regulating lobbying. Aspects of the plan include removing lobbyists from politically appointed committee positions as well as standardizing campaign finance reporting and annually filed statements of economic interest. Paid lobbyists would face increased regulation that prohibits them from gifting “anything” of value to state lawmakers.

Kansas – Inside the Kansas Court Case That Could Cripple a Sweeping Campaign Finance Investigation

Yahoo News – Jonathan Shorman (Kansas City Star) | Published: 9/6/2024

Does a Kansas law that prohibits campaign contributions given “in the name of another person” also make it illegal for political groups to shift funds among themselves until the dollars arrive at a desired destination? Over two years, $54,000 in contributions moved through a series of political committees before ending up in the accounts of the Kansas Republican Party. Why those transfers happened in 2020 and 2021 is the subject of a lengthy, ongoing investigation.

Kentucky – Federal Court Halts, for Now, Kentucky Election Finance Opinion on School Choice Measure

The Center Square – Steve Bittenbender | Published: 9/5/2024

A federal appeals court temporarily stopped the Kentucky Registry of Election Finance (KREF) from taking action against three Republican county committees that want to use party funds to support a school choice initiative scheduled to appear on the November ballot. KREF General Counsel Leslie Saunders has said state law requires party funds to be spent on promoting its candidates.

Louisiana – Louisiana Ethics Board Declines to Waive Jeff Landry’s $100 Late Fine

Yahoo News – Julie O’Donoghue (Louisiana Illuminator) | Published: 9/6/2024

The Louisiana Board of Ethics has declined Gov. Jeff Landry’s request to waive a $100 fine for filing his 2023 annual campaign finance report one day late. The board’s decision comes just a few months before Landry, who has been at odds with the board for years, will gain more power over its makeup.

Michigan – Judge Finds Probable Cause to Believe Ex-Chatfield Staffers Embezzled Political Cash

Detroit News – Craig Mauger | Published: 9/12/2024

Anne and Robert Minard, two top staffers of former Michigan House Speaker Lee Chatfield, are poised to face criminal trials after a judge determined there was probable cause to believe allegations that they stole more than $600,000 from political fundraising accounts. Michigan Attorney General Dana Nessel has accused the Minards of using fraudulent reimbursements, double-billings, misrepresented expenses, and falsified records to embezzle money from nonprofit groups and PACs.

Michigan – In Michigan, an ‘Unhinged Werewolf’ Will Make It Clear Who Voted

Seattle Times – Callie Holtermann (New York Times) | Published: 9/5/2024

One entry in a statewide contest to design Michigan’s next “I Voted” sticker depicted a werewolf clawing its shirt to tatters and howling at an unseen moon. A smattering of stars and stripes poke out from behind its torso. “I Voted,” reads a string of red, white, and blue block letters floating above the creature’s open jaws. The illustration by 12-year-old Jane Hynous is one of nine winning designs the Michigan Department of State will offer local clerks to distribute to voters in the November election.

Missouri – Missouri High Court Allows Abortion Measure to Stay on Fall Ballot

MSN – Molly Hennessey-Fiske (Washington Post) | Published: 9/10/2024

Hours before ballots were to be finalized, the Missouri Supreme Court ruled that a measure to enshrine abortion rights in the state constitution is specific enough to present to voters in November. Only days earlier, a lower-court judge ruled the ballot measure invalid because it does not identify which laws it would repeal. The outcome means Missouri will remain among more than half a dozen states with measures to protect abortion rights on their ballots this fall, including in presidential battleground states such as Arizona and Florida.

New Hampshire – Ethics Committee Won’t Make a Ruling on Tara Reardon Conflict of Interest Until After Election

Concord Monitor – Catherine McLaughlin | Published: 9/4/2024

New Hampshire’s Legislative Ethics Committee will determine whether Tara Reardon, if elected to the state Senate, would have to recuse herself on legislation her spouse’s firm lobbies on, but not until after the Democratic primary, which Reardon won. That means voters casting their ballots did not have a clear answer about Reardon’s ability to participate in the legislative process due to a new law that takes effect in January.

New York – Cuomo Legal Bills Have Cost N.Y. Taxpayers $25.4 Million and Counting

DNyuz – Benjamin Oreskes (New York Times) | Published: 9/12/2024

Former New York Gov. Andrew Cuomo has employed aggressive legal tactics as he seeks to defend himself against sexual harassment lawsuits and protect his political image as he contemplates a comeback. The state has spent about $25.4 million representing the legal interests of Cuomo and several of his top aides as they fend off civil complaints, criminal investigations, and inquiries from the Legislature. Because Cuomo’s alleged actions took place while he was governor, state law requires taxpayers to foot legal bills related to the accusations.

New York – After a Year of Legal Peril, Trump Seeks Election as a Felon, but Free

Seattle Times – Ben Protess, Kate Christobek, and William Rashbaum (New York Times) | Published: 9/8/2024

At Donald Trump’s request, and without objection from prosecutors, the judge who presided over his criminal trial in Manhattan postponed his sentencing until after the November election. Trump, who faces up to four years in prison for falsifying records to conceal a sex scandal, had sought the delay to buy time to challenge his conviction. The former president also argued it would be unfair to face sentencing so close to Election Day, even though that timing was the result of his own stalling tactics.

New York – Feds Raid Homes of Top Eric Adams Deputies, Seize Police Commissioner’s Phones

The City – Greg Smith, Katie Honan, Gwynne Hogan, and Samantha Maldonado | Published: 9/5/2024

Federal authorities raided the homes of some of the highest-ranking members of New York City Mayor Eric Adams’ administration, including two deputy mayors and the schools chancellor, and seized the electronic devices of the police commissioner. This extraordinary effort in the last two days to obtain evidence follows other federal raids and seizures that have swept up the mayor and other top aides in what appears to be a broadening investigation of City Hall.

North Carolina – Few Students Are Playing but Lawmakers Keep Paying for Video Game from NC Company

MSN – Dan Kane (Raleigh News & Observer) | Published: 9/10/2024

Since 2020, state lawmakers have spent millions of dollars to put Plasma Games’ science-based video game in North Carolina public schools even though few students are playing, and schools could not show the game is improving learning. Plasma Games is another example of the Republican-led Legislature inserting provisions into omnibus spending bills to that benefit specific private businesses and nonprofits with political ties, a practice that in one case has drawn the attention of a federal grand jury.

North Carolina – NC Supreme Court Orders RFK Jr’s Name to Be Taken Off Ballots, Mail-in Voting Delayed by Weeks

MSN – Will Doran (WRAL) | Published: 9/9/2024

Robert F. Kennedy Jr.’s name will not be on ballots in North Carolina this year as the state Supreme Court ruled officials must reprint the millions of ballots it finished printing in August. The ruling means North Carolina is now expected to blow past the legal deadline to start sending out ballots by at least two weeks, at the cost of potentially $1 million to state taxpayers, arguments that state officials made against reprinting the ballots, but which the Supreme Court said were worth it to ensure no voter confusion caused by having Kennedy’s name on the ballots even though he dropped out of the race.

Ohio – Ohio Appeals Court Tosses Lawsuit Challenging Speaker Jason Stephens’ Control of House GOP Campaign Arm

MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 9/6/2024

A state appeals court panel threw out a legal challenge to Speaker Jason Stephens’ control over the Ohio House Republicans’ campaign fund, as well as an injunction preventing him from spending money from the account. Some House Republicans have sought to undermine the Stephens’ power since Democrats helped elect him speaker last year despite receiving votes from just a third of his GOP colleagues.

Ohio – An Ohio City Reshaped by Haitian Immigrants Lands in an Unwelcome Spotlight

MSN – Patrick Aftoora Orsagos, Julie Carr Smyth, and Elliot Spagat (Associated Press) | Published: 9/11/2024

Many cities have been reshaped by immigrants in the last few years without attracting much notice. Not Springfield, Ohio. Its story of economic renewal and related growing pains has been thrust into the national conversation in a presidential election year and maliciously distorted by false rumors that Haitian immigrants are eating their neighbors’ pets. Donald Trump amplified those lies during the nationally televised debate, exacerbating some residents’ fears about growing divisiveness in the predominantly white, blue-collar city of about 60,000.

Oregon – Most Candidates for Portland Mayor and City Council Sent Reciprocated Contributions to Other Candidates, Raising Legal Questions

MSN – Carlos Fuentes (Portland Oregonian) | Published: 9/10/2024

Dozens of Portland City Council and mayoral candidates agreed to reciprocate political contributions as they sought to qualify for matching campaign funds from the city. Candidates benefit when a fellow Portland resident gives them a contribution because notching enough local donations triggers the matching funds. Yet state law prohibits candidates for political office from soliciting donations from anyone by promising to give the person a financial payback.

Tennessee – Ethics Questions Plaguing Tennessee Governor’s Administration

Yahoo News – Sam Stockard (Tennessee Lookout) | Published: 9/11/2024

Shortly after taking office in 2019, Gov. Bill Lee issued an executive order prohibiting executive branch employees from accepting lodging and transportation from groups trying to do business with the state but says his recent trip to Florida paid for by a group that lobbies state lawmakers is “customary and allowable.” That trip and a complaint filed against the state education commissioner is bringing greater scrutiny to Tennessee’s ethics rules and relationships that officials have with lobbying groups.

Texas – Mayoral Candidate Doug Greco Sues City to Overturn Campaign Finance Rule

Austin Monitor – Jo Clifton | Published: 9/11/2024

Mayoral candidate Doug Greco filed suit in federal court, challenging the provision of the City Charter that prevents city council candidates from accepting more than $47,000 in contributions from people who live outside the Austin city limits. The plaintiffs also want the judge to grant a permanent injunction against enforcement of the law. Greco has complained that his relatives in other states are unable to contribute because of the limitation.

Q: We are currently reviewing our process for complying with the various reporting requirements established under the Lobbying Disclosure Act (LDA) and would like some advice on how we can improve our accuracy moving forward. I don’t think we have been capturing all the relevant expenditures that we need to include. Can you review what expenditures are required to be reported on the LD-2 quarterly activity report?

A: Thank you for your question. I applaud your effort to review and improve upon your existing processes.  Continually taking a look at how and what information is being compiled is an important part of any comprehensive compliance process. The LDA requires registrants to provide a good faith estimate of all lobbying expenditures within the organization on a quarterly basis. This seemingly simple requirement can prove to be somewhat complex given the number of moving parts involved in accurately reflecting reportable expenditures.

Relevant expenditures required to be included in the organization’s quarterly calculation:

1. The value (including compensation and associated overhead and expenses)  of any and all employee time spent on lobbying activities. This includes employees who spend 20% or more of their time engaged in lobbying activities (and are, therefore, listed by name on the report thereby becoming a “registered lobbyist”) and those who do not meet the statutory definition of a “lobbyist” (employees with activity below 20% during the quarter – non-lobbyists).

While it is often straightforward to collect this information for your registered lobbyists, it can be more nuanced to properly capture this activity for those folks under the 20% threshold. Non-lobbyist activity can come in many forms.  Generally, it includes direct (with a covered official) and indirect (internal or with an outside organization) communication such as planning activities, research, coordination, conference calls, meetings, strategy discussions and any other work that is undertaken to augment or further the lobbying objectives of the organization.

Examples of capturable indirect activities:

Research and/or preparation of talking points to be used in connection with a lobbying contact with a covered official.

Engaging in an internal discussion regarding strategic lobbying plan to support organization’s position on proposed legislation or administrative policy.

Drafting bill language, presentations, or letters to be shared with Covered Officials regarding federal policy or administrative actions.

CEO or other leadership meeting with or otherwise communicating with covered officials on the Hill or in the Administration.

Participation with an outside organization to accomplish any of the above listed ends.

2. Payments accrued to outside lobbyists and lobbying firms;
3. Federal lobbying portion of any dues or other payments made to trade associations, membership organizations and the like.

As you undoubtedly know, there are a variety of subtle reporting details that organizations must review and understand when establishing processes and procedures to ensure compliance with the federal law.  For tailored advice centered around your organizational realities, contact us directly for assistance. In addition, details regarding reporting requirements can be located in the Federal Lobbying Compliance Law section of our online publication resource.

The Board of Supervisors passed an ordinance increasing local campaign contribution limits for corporations, PACs, and individuals who give to candidates and their committees.

Ordinance No. 4479 increases the current limit of $5,500 per election cycle to $10,000 per year.

The limit for political parties contributing to candidates jumps from $5,500 per election cycle to $100,000 per year.

A newly created oversight committee will be responsible for enforcing the new rules.

The county previously operated under the state’s default campaign contribution limits but localities are able to set their own limits.

The ordinance will be effective October 11 and will only apply to contributions made to, or received by, a candidate on or after the effective date.

 

Campaign Finance

Ohio: “Ohio Appeals Court Tosses Lawsuit Challenging Speaker Jason Stephens’ Control of House GOP Campaign Arm” by Jeremy Pelzer (Cleveland Plain Dealer) for MSN

Texas: “Mayoral Candidate Doug Greco Sues City to Overturn Campaign Finance Rule” by Jo Clifton for Austin Monitor

Elections

Delaware: “Transgender Lawmaker Wins Democratic Primary for Delaware’s Only House Seat” by Amy Harmon (New York Times) for DNyuz

Missouri: “Missouri High Court Allows Abortion Measure to Stay on Fall Ballot” by Molly Hennessey-Fiske (Washington Post) for MSN

National: “Trump, Republicans Push Swing-State Courts to Reject Mail-in Ballots” by Colby Itkowitz (Washington Post) for MSN

Ethics

California: “Reform Bills Inspired by LAist Investigation Are Before Newsom for Final Approval” by Yusra Farzan (LAist) for MSN

Tennessee: “Ethics Questions Plaguing Tennessee Governor’s Administration” by Sam Stockard (Tennessee Lookout) for Yahoo News

Lobbying

California: “Irvine Tightens Lobbying Rules” by Angela Hicks for Voice of OC

Senate Bill 1243 was recently passed by the Legislature and will be sent to the governor for approval or veto.

The bill raises the threshold of contributions governed under the pay-to-play Levine Act from $250 to $500.

A section of the bill also clarifies a contribution from an agent which exceeds $500 will not be aggregated with contributions from a party or participant.

The period for which an officer may cure a violation is increased from 14 to 30 days.

Additional definitions are added for pending and agent, while definitions are amended for participant and license, permit, or other entitlement for use.

Senate Bill 1243 is effective January 1, 2025, dependent upon changes proposed in Senate Bill 1181 being enacted first.