Nielsen Merksamer, a leader in national political law compliance, hosts briefings, workshops and communications to share best practices and recent developments in campaign finance, lobby disclosure and government ethics laws across the nation. For the latest from our research team, read on…. Show
WEEK OF November 4, 2022 Latest Developments:
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WEEK OF October 28, 2022 Latest Developments:
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WEEK OF October 21, 2022 Latest Developments:
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WEEK OF October 14, 2022 Latest Developments:
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WEEK OF October 7, 2022 Latest Developments:
Reminder: If you’re a registered lobbyist in New York City, you or an employee must complete a biannual Lobbying Bureau training program. If you have yet to satisfy the requirement, please contact our political reporting unit to for more information at . In Case You Missed It:
WEEK OF September 30, 2022 Latest Developments:
Reminder: On October 5 from 1- 2 PM ET, please join Nielsen Merksamer’s Joel Aurora and other practitioners and regulators for an ABA webinar titled, “Is the Tide on Campaign Finance Disclosure Quietly Shifting? A Look One Year After Americans for Prosperity v. Bonta.” This panel will discuss the state of nonprofit disclosure laws one year after Bonta, examining the outcome of challenges to campaign finances laws that were brought in the case’s aftermath and the surprising ways courts have applied the new Bonta standard of review in election law cases. Click here for more information and to sign up. In Case You Missed It:
WEEK OF September 23, 2022 Latest Developments:
Reminder: Lobbying in New York State? Like many jurisdictions, New York requires lobbyists to attend ethics trainings, and NY State changed its training process earlier this year. Instead of logging in through the old online portal, the new Commission on Ethics and Lobbying in Government has released a slide deck on their website that lobbyists need to review before signing an affirmation form. Lobbyists who complete the course via the online portal this year will still be credited for completion, but the state recommends using the new training slides and affirmation form if there are any issues with the online portal. https://ethics.ny.gov/ethics-lobbyists-training Reminder: On October 5 from 1- 2 PM ET, please join Nielsen Merksamer’s Joel Aurora and other practitioners for an ABA webinar titled, “Is the Tide on Campaign Finance Disclosure Quietly Shifting? A Look One Year After Americans for Prosperity v. Bonta.” This panel will discuss the state of nonprofit disclosure laws one year after Bonta, examining the outcome of challenges to campaign finances laws that were brought in the case’s aftermath and the surprising ways courts have applied the new Bonta standard of review in election law cases. Click here for more information and to sign up. In Case You Missed It:
WEEK OF September 15, 2022 Latest Developments:
Reminder: Nielsen Merksamer invites you to join our PLI Post-Conference Briefing. We will share the top take-aways from the conference to help guide your campaign finance, lobbying disclosure and government ethics compliance programs in the year ahead. We will provide topics and ask for your feedback in emails leading to our workshop. For more information, please contact for details and RSVP. The full PLI conference can be viewed on-demand here In Case You Missed It:
WEEK OF September 9, 2022 Latest Developments:
Reminder: Nielsen Merksamer invites you to join our PLI Post-Conference Briefing. We will share the top take-aways from the conference to help guide your campaign finance, lobbying disclosure and government ethics compliance programs in the year ahead. We will provide topics and ask for your feedback in emails leading to our workshop. For more information, please contact for details and RSVP. In Case You Missed It:
WEEK OF September 2, 2022 Latest Developments:
Reminder: The Practising Law Institute presents the annual Corporate Political Activities Conference on September 8-9, 2022 in Washington, D.C. The conference is also hybrid online and on-demand, so it may also be viewed in segments. To sign up, use the following link: PLI Two-Day Conference in Washington D.C. In Case You Missed It:
WEEK OF August 26, 2022 Latest Developments:
Reminder: The Practising Law Institute presents the annual Corporate Political Activities Conference on September 8-9, 2022 in Washington, D.C. The program comprehensively covers federal and national campaign finance, government ethics and lobbying disclosure laws, including panels on nonprofits (day one), compliance best practices (day two), government contracting, and several focused on state and local issues. Nielsen Merksamer’s Jason Kaune co-chairs the conference and Elli Abdoli participates as expert faculty. The conference is also hybrid online and on-demand, so it may also be viewed in segments. To sign up, use the following link: PLI Two-Day Conference in Washington D.C. In Case You Missed It:
WEEK OF August 19, 2022 Latest Developments:
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WEEK OF August 12, 2022 Latest Developments:
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WEEK OF August 5, 2022 Latest Developments:
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WEEK OF July 29, 2022 Latest Developments:
Reminder: Basics of the Federal Election Campaign Act 2022: The Pracitising Law Institute (PLI) will conduct, in just one hour, a briefing of federal candidate and PAC campaign law, as regulated by the Federal Election Campaign Act (FECA). It is available in-person and online. Featuring Nielsen Merksamer’s Jason Kaune! You may register here. In Case You Missed It:
WEEK OF July 22, 2022 Latest Developments:
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WEEK OF July 15, 2022 Latest Developments:
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WEEK OF July 8, 2022 Latest Developments:
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WEEK OF June 10th, 2022
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WEEK OF May 27th, 2022 Latest Developments:
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WEEK OF May 13th, 2022 Latest Developments:
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WEEK OF May 6th, 2022 Latest Developments:
Reminders: The Practising Law Institute presents Advanced Topics in Ethics and Compliance 2022: State and Local Government Contracts, a one-hour session on May 12, 2022, from 10:45-11:45 PT/1:45-2:45 ET, chaired by Elli Abdoli of Nielsen Merksamer. Watch online or attend in person in New York City. Interested persons may register here. CLE credit will be available. In Case You Missed It:
WEEK OF April 29th, 2022 Latest Developments:
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WEEK OF April 22nd, 2022 Latest Developments:
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WEEK OF April 15th, 2022 Latest Developments:
Reminder: Voting and the Disability Community: Disabled voters faced unique challenges in elections held during the pandemic, particularly in regard to privacy and access to all-mail voting. The American Bar Association will be considering how to improve the law and best practices by election administrators. If you are interested in the topic, join Nielsen Merksamer’s Jason Kaune and others at this webinar on Wednesday, April 20 at 3 p.m. Eastern (Noon Pacific) open to ABA members. Register here. In Case You Missed It:
WEEK OF April 8th, 2022 Latest Developments:
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WEEK OF April 1st, 2022 Latest Developments:
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WEEK OF March 25th, 2022 Latest Developments:
Reminders: The Practising Law Institute presentsNonprofit Involvement in Elections: What to Look for in 2022, a one-hour webinar on March 29, 2022, from 10-11 am PT, moderated by Joel Aurora of Nielsen Merksamer. Interested persons may register here. CLE credit will be available. In Case You Missed It:
WEEK OF March 18th, 2022 Latest Developments:
Reminders: The Practising Law Institute presents Nonprofit Involvement in Elections: What to Look for in 2022, a one-hour webinar on March 29, 2022, from 10-11 am PT, moderated by Joel Aurora of Nielsen Merksamer. This program will address the role of nonprofits as vital participants in elections, praised for nonpartisanship by some and derided as vehicles for “dark money” by others. With the 2022 midterm elections rapidly approaching, nonprofit organizations will again be involved in a range of election-related activities. As a result, it is crucial that nonprofit organizations—including 501(c)(3), 501(c)(4), and 501(c)(6) groups—and corporate donors understand the laws governing participation in advocacy and politics. Interested persons may register here. CLE credit will be available. In Case You Missed It:
WEEK OF March 11th, 2022 Latest Developments:
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WEEK OF March 4th, 2022 Latest Developments:
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WEEK OF February 25th, 2022 Latest Developments:
Reminders: The Practising Law Institute presents Nonprofit Involvement in Elections: What to Look for in 2022, a one-hour webinar on March 29, 2022, from 10-11 am PT, moderated by Joel Aurora of Nielsen Merksamer. This program will address the role of nonprofits as vital participants in elections, praised for nonpartisanship by some and derided as vehicles for “dark money” by others. With the 2022 midterm elections rapidly approaching, nonprofit organizations will again be involved in a range of election-related activities. As a result, it is crucial that nonprofit organizations—including 501(c)(3), 501(c)(4), and 501(c)(6) groups—and corporate donors understand the laws governing participation in advocacy and politics. Interested persons may register here. CLE credit will be available. In Case You Missed It:
WEEK OF February 18th, 2022 Latest Developments:
Reminders: The Practising Law Institute presents Nonprofit Involvement in Elections: What to Look for in 2022, a one-hour webinar on March 29, 2022, from 10-11 am PT, moderated by Joel Aurora of Nielsen Merksamer. This program will address the role of nonprofits as vital participants in elections, praised for nonpartisanship by some and derided as vehicles for “dark money” by others. With the 2022 midterm elections rapidly approaching, nonprofit organizations will again be involved in a range of election-related activities. As a result, it is crucial that nonprofit organizations—including 501(c)(3), 501(c)(4), and 501(c)(6) groups—and corporate donors understand the laws governing participation in advocacy and politics. Interested persons may register here. CLE credit will be available. In Case You Missed It:
WEEK OF February 11th, 2022 Latest Developments:
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WEEK OF January 28th, 2022 Latest Developments:
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WEEK OF January 21st, 2022 Latest Developments:
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WEEK OF January 14th, 2022 Latest Developments:
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WEEK OF January 7, 2022 Latest Developments:
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WEEK OF December 31, 2021 Latest Developments:
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WEEK OF December 24, 2021 Latest Developments:
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WEEK OF December 17, 2021 Latest Developments:
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WEEK OF December 10, 2021 Latest Developments:
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WEEK OF December 3, 2021 Latest Developments:
Reminder: COGEL, the Council on Governmental Ethics Laws, begins its annual conference on Monday, December 6 at 1:30 p.m. EST, in a virtual format. Interested persons may register here. The three-day conference is $400 for members ($1,000 for nonmembers) and includes live presentations via Zoom. The interactive conference offers an opportunity to hear from regulatory authorities throughout the country, including the Chair of the Federal Election Commission. Classes may qualify for CLE. “COGEL is a professional organization for government agencies and other organizations working in ethics, elections, freedom of information, lobbying, and campaign finance.” In Case You Missed It:
WEEK OF November 19, 2021 Latest Developments:
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WEEK OF November 12, 2021 Latest Developments:
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WEEK OF November 5, 2021 Latest Developments:
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WEEK OF October 29, 2021 Latest Developments:
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WEEK OF October 22, 2021 Latest Developments:
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WEEK OF October 15, 2021 Latest Developments:
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WEEK OF October 8, 2021 Latest Developments:
Reminder: Corporate Political Activities 2021 – Latest Developments: The Pracitising Law Institute (PLI) will conduct its annual two-day conference on October 12-13, 2021, both in-person and online. You may register here. In Case You Missed It:
WEEK OF October 1, 2021 Latest Developments:
Reminder: Corporate Political Activities 2021 – Latest Developments: The Pracitising Law Institute (PLI) will conduct its annual two-day conference on October 12-13, 2021, both in-person and online. You may register here. In Case You Missed It:
WEEK OF September 24, 2021 Latest Developments:
Reminder: Corporate Political Activities 2021 – Latest Developments: The Pracitising Law Institute (PLI) will conduct its annual two-day conference on October 12-13, 2021, both in-person and online. You may register here. In Case You Missed It:
WEEK OF September 17, 2021 Latest Developments:
Reminder: Corporate Political Activities 2021 – Latest Developments: The Pracitising Law Institute (PLI) will conduct its annual two-day conference on October 12-13, 2021, both in-person and online. You may register here. In Case You Missed It:
WEEK OF September 10, 2021 Latest Developments:
Reminder: Corporate Political Activities 2021 – Latest Developments: The Pracitising Law Institute (PLI) will conduct its annual two-day conference on October 12-13, 2021, both in-person and online. You may register here. In Case You Missed It:
WEEK OF September 3, 2021 Latest Developments:
Reminder: Corporate Political Activities 2021 – Latest Developments: The Pracitising Law Institute (PLI) will conduct its annual two-day conference on October 12-13, 2021, both in-person and online. You may register here. Separately, Nielsen Merksamer clients will join together on September 9, 2021, in a virtual client workshop to discuss new developments in political law, to share experiences and best practices and to earn CLE credit. Clients can email Donna Flanagan for additional information. In Case You Missed It:
WEEK OF August 27, 2021 Latest Developments:
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WEEK OF July 30, 2021 Latest Developments:
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WEEK OF July 16, 2021 Latest Developments:
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WEEK OF July 2, 2021 Latest Developments:
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WEEK OF June 25, 2021 Latest Developments:
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WEEK OF April 30, 2021 Latest Developments:
Reminders: The Practising Law Institute presents Advanced Topics in Ethics and Compliance 2021: State and Local Government Contracts on Thursday, May 6 at 1:30 p.m. Eastern (10:30 a.m. Pacific). The half-day program covers eligibility requirements, compliance obligations, and perils and pitfalls of state and local contracts. Topics include pay-to-play laws, lobbying restrictions, blackout periods, and scrutiny from ethics agencies. The Chair of the program is Nielsen Merksamer’s Elli Abdoli. Panelists include Jason Kaune of Nielsen Merksamer. Register here. In Case You Missed It:
WEEK OF April 23, 2021 Latest Developments:
Reminders: The Practising Law Institute presents Advanced Topics in Ethics and Compliance 2021: State and Local Government Contracts on Thursday, May 6 at 1:30 p.m. Eastern (10:30 a.m. Pacific). The half-day program covers eligibility requirements, compliance obligations, and perils and pitfalls of state and local contracts. Topics include pay-to-play laws, lobbying restrictions, blackout periods, and scrutiny from ethics agencies. The Chair of the program is Nielsen Merksamer’s Elli Abdoli. Panelists include Jason Kaune of Nielsen Merksamer. Register here. In Case You Missed It:
WEEK OF April 16, 2021 Latest Developments:
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WEEK OF March 26, 2021 Latest Developments:
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WEEK OF February 26, 2021 Latest Developments:
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WEEK OF February 12, 2021 Latest Developments:
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WEEK OF February 5, 2021 Reminders:
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WEEK OF January 29, 2021 Latest Developments:
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WEEK OF January 8, 2021 Latest Developments:
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WEEK OF December 25, 2020 Latest Developments:
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WEEK OF December 18, 2020 Latest Developments:
Reminder: Just when you thought election deadlines had passed….California’s Governor has called a special election for a State Senate vacancy, triggering a primary election on March 2, 2021 and 24 hour reporting for certain campaign contributions. Nielsen Merksamer clients will receive a Reporting Reminder with details. The state provides filing calendars on the FPPC’s Website. In Case You Missed It:
WEEK OF December 11, 2020 Latest Developments:
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WEEK OF December 4, 2020 Latest Developments:
Reminders: COGEL, the Council on Governmental Ethics Laws, began its 42nd annual conference on December 1. Did you know Arkansas, Missouri, and Tennessee had changes in the law impacting the time, place and manner of campaign contributions? Find out more by attending the panel on Campaign Finance Litigation moderated by Nielsen Merksamer’s Jason Kaune and in the Blue Book of federal, state, local and Canadian litigation edited by Mike Kelly and Evann Whitelam. Interested persons may register here. Programs will be available through the month of December. In Case You Missed It:
WEEK OF November 20, 2020 Latest Developments:
Reminders: COGEL, the Council on Governmental Ethics Laws, begins its 42nd annual conference December 1 at 3 p.m. EST in a virtual format. Interested persons may register here. The conference is free for members this year ($500 for nonmembers) and includes live presentations and prerecorded classes that may qualify for CLE. Programs will be available through the month of December. Nielsen Merksamer’s Jason Kaune moderates the panel on Campaign Finance Litigation and participants have access to a Blue Book of federal, state, local and Canadian litigation edited by Mike Kelly and Evann Whitelam. “COGEL is a professional organization for government agencies and other organizations working in ethics, elections, freedom of information, lobbying, and campaign finance.” In Case You Missed It:
WEEK OF November 13, 2020 Latest Developments:
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WEEK OF November 6, 2020 Latest Developments:
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WEEK OF October 31, 2020 Latest Developments:
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WEEK OF October 16, 2020 Latest Developments:
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WEEK OF September 25, 2020 Latest Developments:
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WEEK OF September 11, 2020 Latest Developments:
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WEEK OF September 4, 2020 Latest Developments:
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WEEK OF August 28, 2020 Latest Developments:
Reminders: Corporate Political Activities 2020 – Government Contracting During COVID-19 and More: The Pracitising Law Institute (PLI) will conduct its annual two-day conference online this year, on September 10 – 11, 2020. Check out the expanded program on government contracts with Elli Abdoli, a revamped panel on nonprofits with counsel from the Human Rights Campaign and the popular, expanded Corporate Compliance and Ethics Program. You may register here. Clients will receive emails about a workshop and discounts for the conference. Poll Workers Needed! – The American Bar Association Standing Committee on Election Law is encouraging lawyers to step up and serve as poll workers during the upcoming November election. The ABA is partnering with the National Association of Secretaries of State and the National Association of State Election Directors to create a gateway to the Secretary of States’ website, CANIVOTE.ORG. That site directs any interested individual to a site where a person can sign up to be a poll worker in his or her own state. In Case You Missed It:
WEEK OF August 21, 2020 Latest Developments:
Reminders: Corporate Political Activities 2020 – Latest Developments: The Pracitising Law Institute (PLI) will conduct its annual two-day conference online this year, on September 10 – 11, 2020. You may register here. Nielsen Merksamer clients will join together as customary the day before in a virtual client workshop to discuss new developments in political law, to share experiences and best practices and to earn CLE credit. Clients and invitees will receive a save-the-date communication and discounts for the PLI conference. In Case You Missed It:
WEEK OF August 14, 2020 Latest Developments:
Reminders: Interested in issues of gender and elections? As part of a year-long celebration of the Nineteenth Amendment, the American Bar Association is sponsoring a series of programs for lawyers about the progeny of women’s suffrage. You can earn CLE credit and help the ABA formulate proposals to update election, campaign, and government ethics laws for the Twenty-First Century. Join the conversation about Gender Parity in the Electoral Process on Monday, August 24. Register here. (Free for Members.) Corporate Political Activities 2020 – Latest Developments: The Practising Law Institute (PLI) will conduct its annual two-day conference online this year, on September 10 – 11, 2020. You may register here. Nielsen Merksamer clients will join together as customary the day before in a virtual client workshop to discuss new developments in political law, to share experiences and best practices and to earn CLE credit. Clients and invitees will receive a save-the-date communication and discounts for the PLI conference. In Case You Missed It:
WEEK OF August 7, 2020 Latest Developments:
Reminders: Interested in issues of gender and elections? As part of a year-long celebration of the Nineteenth Amendment, the American Bar Association is sponsoring a series of programs for lawyers about the progeny of women’s suffrage. You can earn CLE credit and help the ABA formulate proposals to update election, campaign, and government ethics laws for the Twenty-First Century. Join the conversation about Gender Parity in the Electoral Process on Monday, August 24. Register here. (Free Members.) In Case You Missed It:
WEEK OF July 31, 2020 Latest Developments:
Reminders: The Practising Law Institute presents Basics of the Federal Election Campaign Act 2020 on Tuesday, August 4 at 1 p.m. Eastern (10 a.m. Pacific). The one-hour update covers federal candidate and PAC campaign law including issues with contributions, the Federal Election Commission, disclosure matters, and tax issues for political organizations. The program is an introduction to and includes the three co-chairs of the Corporate Political Activities program, including Jason Kaune of Nielsen Merksamer. Register here. In Case You Missed It:
WEEK OF July 24, 2020 Latest Developments:
Reminders: Interested in issues of gender and elections?As part of a year-long celebration of the Nineteenth Amendment, the American Bar Association is sponsoring a series of programs for lawyers about the progeny of women’s suffrage. Upcoming programs include:
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WEEK OF July 17, 2020 Latest Developments:
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WEEK OF July 10, 2020 Latest Developments:
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WEEK OF July 3, 2020 Latest Developments:
Reminder: COVID-19 Update: Government officials, agencies, and courts continue to respond to the COVID-19 emergency. There are no major developments this week. For more information about filing deadlines, contact our Political Reporting Unit. In Case You Missed It:
WEEK OF June 26, 2020 Latest Developments:
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WEEK OF June 19, 2020 Latest Developments:
Reminder: FPPC LLC Regulations: The California Fair Political Practices Commission, concerned that dark money is passing through limited liability companies (LLCs) as conduits, adopted new regulations aimed at requiring more disclosure. Among other things the new regulations define an LLC’s “responsible officer” as the individual who approved the contribution and require all committees receiving contributions from LLCs to either report the name of the LLC’s “responsible officer” or refund the contribution. The new regulations also require LLCs that qualify as independent expenditure committees, recipient committees, or major donors to identify their responsible officer in their statements and reports. In addition, the regulations provide that an LLC’s responsible officer may be held personally liable for violations of these provisions by the LLC. In Case You Missed It:
WEEK OF June 12, 2020 Latest Developments:
Reminder: Washington State Senate Bill 6152 took effect June 11 along with the Washington Public Disclosure Commission’s emergency regulations. The bill concerns “foreign involvement and financing in campaign activities.” The regulations define “prohibited financing by foreign nationals” and “prohibited decision-making involvement by foreign nationals.” The regulations also set forth the information donors must provide to certify their contributions are not derived from foreign funds or involve foreign nationals. Political committees are required to obtain this certification from donors and must return contributions that are not certified. We recommend that a certification be included with any contribution made in Washington State. In Case You Missed It:
WEEK OF June 5, 2020 Latest Developments:
Reminder: Elections Update: Executive Order N-67-20, signed by California’s Governor on June 3, seeks to ensure in-person voting opportunities are available in sufficient numbers to maintain physical distancing. It requires counties to provide three days of early voting starting the Saturday before election day and requires ballot drop-box locations be available between October 6 and November 3, while also allowing counties to consolidate voting locations, with at least one voting location per 10,000 registered voters. The Legislature is also considering further action on universal mail elections. For the latest information and inquiries about California government law resources related to the COVID-19 pandemic, check out our website. In Case You Missed It:
WEEK OF May 29, 2020 Latest Developments:
Reminder: New Subscribers: This email provides a summary of commentary, developments, and media reports for the current week. For the archive of weekly updates since February 2018 visit our website at: www.nmgovlaw.com/ee. In Case You Missed It:
WEEK OF May 22, 2020 Latest Developments
Reminder: New Subscribers: This email provides a summary of commentary, developments, and media reports for the current week. For the archive of weekly updates since February 2018 visit our website at: www.nmgovlaw.com/ee. In Case You Missed It:
WEEK OF May 15, 2020 Latest Developments
Reminders: The Practising Law Institute presents a one-hour program on COVID-19 Political Compliance Considerations for Companies and Nonprofits on May 21, 2020 at 1 p.m. EDT. Register here for the briefing presented by Jason Kaune and Elli Abdoli of Nielsen Merksamer. The program, which is free to PLI members, will outline the government ethics, lobby disclosure, and campaign finance rules you need to know in connection with working with public officials, donating goods, and engaging in political activity during the pandemic. In Case You Missed It:
WEEK OF May 8, 2020 Latest Developments The United States Supreme Court heard oral arguments in Barr v. American Association of Political Consultants, which questions whether a federal law that prohibits robocalls to cellphones violates the First Amendment. SCOTUSblog’s analysis indicates that “most justices appeared convinced that the law was ‘content based’… and likely unconstitutional. But the justices also appeared about as thrilled as the rest of us at the prospect of endless robocalls to our cellphones.”
Reminders: The Practising Law Institute presents a one-hour program on COVID-19 Political Compliance Considerations for Companies and Nonprofits on May 21, 2020 at 1 p.m. EDT. Register here for the briefing presented by Jason Kaune and Elli Abdoli of Nielsen Merksamer. The program, which is free to PLI members, will outline the government ethics, lobby disclosure, and campaign finance rules you need to know in connection with working with public officials, donating goods, and engaging in political activity during the pandemic. The American Bar Association will conduct a webinar on Adapting Elections in a Pandemic: COVID-19 and Beyond on May 13, 2020 at 2 p.m. EDT. Register here for the program which will discuss the impact of the COVID-19 crisis on elections, including vote-by-mail issues, and approaches that might be adapted to the November elections. In Case You Missed It:
WEEK OF May 1, 2020 Latest Developments
Reminders: The Practising Law Institute presents a one-hour program on COVID-19 Political Compliance Considerations for Companies and Nonprofits on May 21, 2020 at 1 p.m. EDT. Register here for the briefing presented by Jason Kaune and Elli Abdoli of Nielsen Merksamer. The program, which is free to PLI members, will outline the government ethics, lobby disclosure, and campaign finance rules you need to know in connection with working with public officials, donating goods, and engaging in political activity during the pandemic. In Case You Missed It:
WEEK OF April 24, 2020 Latest Developments:
Reminders: The Practising Law Institute presents a one-hour program on COVID-19 Political Compliance Considerations for Companies and Nonprofits on May 21, 2020 at 1 p.m. EDT. Register here for the briefing presented by Jason Kaune and Elli Abdoli of Nielsen Merksamer. The program, which is free to PLI members, will outline the government ethics, lobby disclosure, and campaign finance rules you need to know in connection with working with public officials, donating goods, and engaging in political activity during the pandemic. In Case You Missed It:
WEEK OF April 17, 2020 Latest Developments:
Reminders: The California Fair Political Practices Commission’s Law and Policy Committee, along with staff, will meet on April 20 to discuss proposed regulations and other possible actions to require disclosure of political activity by limited liability companies. The regulatory process is continuing at full speed, notwithstanding that the California legislature and most government agencies, including the FPPC, are hibernating. In Case You Missed It:
WEEK OF April 10, 2020 Latest Developments:
Reminders: The American Bar Association’s Standing Committee on Election Law has launched a new website that includes current information on elections in each of the 50 states. The site includes information on the impact of COVID-19 on elections, how to vote absentee, and whether vote-by-mail is permissible. In Case You Missed It:
SEC Proxy Rule Lobbying: According to Roll Call, The Securities and Exchange Commission’s proposed rule that would limit endless annual revisiting of the same shareholder proposals (which we reported when first proposed in November), is being intensively lobbied by business groups as well as by “liberal groups” in the course of the Commission’s comment period. During that period, the Commission discloses that it received a large number of comments and that SEC officials held meetings with a number of interested parties. WEEK OF April 3, 2020 Latest Developments:
Reminders: The American Bar Association’s Standing Committee on Election Law has launched a new website that includes current information on elections in each of the 50 states. The site includes information on the impact of COVID-19 on elections, how to vote absentee, and whether vote-by-mail is permissible. In Case You Missed It:
WEEK OF March 27, 2020 Latest Developments:
Reminders: Nielsen Merksamer expresses its concern for all affected by the COVID-19 virus. Based in California, the firm has modified operations to accommodate shelter-in-place orders and remains committed to providing the highest level of service to our clients and the regulated community during this time of crisis. In Case You Missed It:
WEEK OF March 20, 2020 Latest Developments:
Reminders: Nielsen Merksamer expresses its concern for all affected by the COVID-19 virus. Based in California, the firm has modified operations to accommodate shelter-in-place orders and remains committed to providing the highest level of service to our clients and the regulated community during this time of crisis. In Case You Missed It:
WEEK OF March 13, 2020 Latest Developments:
Reminders: The Latest Edition of the Practising Law Institute’s quarterly journal, “Current,” contains an article entitled, State and Local Government Ethics Laws, by four Nielsen Merksamer attorneys, Elli Abdoli, Mike Columbo, Joel Aurora, and Jason Kaune. The article provides a “summary of the prominent types of (government ethics) laws pertinent to state and local government and compliance tips for the regulated community.” The journal is accessible to PLI subscribers. America Votes is available from the American Bar Association Bookstore. The book is described as a “must-read for anyone concerned about our political future.” It covers the 2018 and 2020 election cycles, including issues regarding voter qualifications, the voting process, voting rights litigation, recounts, and redistricting. Chris Skinnell and Jason Kaune of Nielsen Merksamer acted as peer reviewers for the book. In Case You Missed It:
WEEK OF March 6, 2020 Latest Developments:
Reminders: The Latest Edition of the Practising Law Institute’s quarterly journal, “Current,” contains an article entitled, State and Local Government Ethics Laws, by four Nielsen Merksamer attorneys, Elli Abdoli, Mike Columbo, Joel Aurora, and Jason Kaune. The article provides a “summary of the prominent types of (government ethics) laws pertinent to state and local government and compliance tips for the regulated community.” The journal is accessible to PLI subscribers. America Votes is available from the American Bar Association Bookstore. The book is described as a “must-read for anyone concerned about our political future.” It covers the 2018 and 2020 election cycles, including issues regarding voter qualifications, the voting process, voting rights litigation, recounts, and redistricting. Chris Skinnell and Jason Kaune of Nielsen Merksamer acted as peer reviewers for the book. In Case You Missed It:
WEEK OF February 28, 2020 Latest Developments:
Reminder: 2020 Legislation: Nielsen Merksamer has an active California lobbying practice based in Sacramento for those interested in monitoring or influencing California legislation. In addition, Nielsen Merksamer tracks lobby and campaign bills around the country. Forty-three state legislatures are now in session, with two more states scheduled to commence legislative sessions this spring. Nielsen Merksamer is tracking more than 600 campaign finance and lobbyist-related bills in current legislative sessions nationwide. We track bills from the time they are introduced until final disposition in the session. When a bill becomes law, Nielsen Merksamer updates its summary for campaign or lobby law for that state; summaries are available to subscribers. In Case You Missed It:
WEEK OF February 21, 2020 Latest Developments:
Reminder: 2020 Legislation: Nielsen Merksamer tracks lobby and campaign bills around the country. Forty-four state legislatures are now in session, with two more states scheduled to commence legislative sessions this spring. Nielsen Merksamer is tracking more than 600 campaign finance and lobbyist-related bills in current legislative sessions nationwide. We track bills from the time they are introduced until final disposition in the session. When a bill becomes law, Nielsen Merksamer updates its summary for campaign or lobby law for that state; summaries are available to subscribers. In Case You Missed It:
WEEK OF February 14, 2020 Latest Developments:
Reminder: 2020 Legislation: Nielsen Merksamer tracks lobby and campaign bills around the country. Forty-four state legislatures are now in session, with two more states scheduled to commence legislative sessions this spring. Nielsen Merksamer is tracking more than 600 campaign finance and lobbyist-related bills in current legislative sessions nationwide. We track bills from the time they are introduced until final disposition in the session. When a bill becomes law, Nielsen Merksamer updates its summary for campaign or lobby law for that state; summaries are available to subscribers. In Case You Missed It:
WEEK OF February 7, 2020 Latest Developments:
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WEEK OF January 31, 2020 Latest Developments:
Reminders: Essential Ethics 2020: With the 2020 elections just around the corner, join Nielsen Merksamer on Friday, February 7 at the Sutter Club in Sacramento, California, from 10:00 to 11:30 AM for a complimentary briefing on the key issues you need to know this election year in California. Sign up here. Contact Jay Carson () with any questions. In Case You Missed It:
WEEK OF January 24, 2020 Latest Developments:
Reminders: Essential Ethics 2020: With the 2020 elections just around the corner, join Nielsen Merksamer on Friday, February 7 at the Sutter Club in Sacramento, California, from 10:00 to 11:30 AM for a complimentary briefing on the key issues you need to know this election year in California. Sign up here. Contact Jay Carson () with any questions. In Case You Missed It:
WEEK OF January 17, 2020 Latest Developments:
Reminders: Essential Ethics 2020: With the 2020 elections just around the corner, join Nielsen Merksamer on Friday, February 7 at the Sutter Club in Sacramento, California, from 10:00 to 11:30 AM for a complimentary briefing on the key issues you need to know this election year in California. Sign up here. Contact Jay Carson () with any questions. The American Bar Association presents: Campaign Finance Enforcement Trends: The Use of Public Resources and other Hot Topics. Join Jason Kaune, of Nielsen Merksamer, who moderates the program. Learn all about the regulation of campaigns and get an understanding of some of the thorny issues troubling regulators and the public! Featured speakers include:Steve Berlin, Executive Director of the Chicago Board of Ethics; Megan Engelhardt, Assistant Executive Director of the Minnesota Campaign Finance and Public Disclosure Board; Amber Maltbie of Nossaman LLP., Sacramento. The online program will be held on Monday, January 27, 2020, at 1 PM Eastern (10 AM Pacific). The program is free for ABA members. Sign up here. In Case You Missed It:
WEEK OF January 10, 2020 Latest Developments:
Reminders: Essential Ethics 2020: With the 2020 elections just around the corner, join Nielsen Merksamer on Friday, February 7 at the Sutter Club in Sacramento, California, from 10:00 to 11:30 AM for a complimentary briefing on the key issues you need to know this election year in California. Sign up here. Contact Jay Carson () with any questions. The American Bar Association presents: Campaign Finance Enforcement Trends: The Use of Public Resources and other Hot Topics. Join Jason Kaune, of Nielsen Merksamer, who moderates the program. Learn all about the regulation of campaigns and get an understanding of some of the thorny issues troubling regulators and the public! Featured speakers include:Steve Berlin, Executive Director of the Chicago Board of Ethics; Megan Engelhardt, Assistant Executive Director of the Minnesota Campaign Finance and Public Disclosure Board; Amber Maltbie of Nossaman LLP., Sacramento. The online program will be held on Monday, January 27, 2020, at 1 PM Eastern (10 AM Pacific). The program is free for ABA members. Sign up here. The Council on Governmental Ethics Laws (COGEL) met December 15 to 18, 2019. The conference is designed for government ethics administrators. Jason Kaune and Evann Whitlam of Nielsen Merksamer moderated and facilitated a panel discussion entitled, “Campaign Finance Update: The ‘Must Know’ Litigation Developments,” with Megan McAllen, Director of Campaign Finance Litigation at the Campaign Legal Center and Tanya Senanyake, an Attorney for the Litigation Division at the Federal Election Commission. Nielsen Merksamer edits an annual bluebook, compiled from government ethics administrators’ contributions. The bluebook includes a synopsis of all major campaign finance litigation in the United States and Canada in the past year. Nielsen Merksamer clients may obtain a free PDF of that publication by requesting a copy through their political attorney. In Case You Missed It:
WEEK OF January 3, 2020 Latest Developments:
Reminders: The American Bar Association presents: Campaign Finance Enforcement Trends: The Use of Public Resources and other Hot Topics. Join Jason Kaune, of Nielsen Merksamer, who moderates the program. Learn all about the regulation of campaigns and get an understanding of some of the thorny issues troubling regulators and the public! Featured speakers include: Steve Berlin, Executive Director of the Chicago Board of Ethics; Megan Engelhardt, Assistant Executive Director of the Minnesota Campaign Finance and Public Disclosure Board; Amber Maltbie of Nossaman LLP., Sacramento. The online program will be held on Monday, January 27, 2020, at 1 PM Eastern (10 AM Pacific). The program is free for ABA members. Sign up here. The Council on Governmental Ethics Laws (COGEL) met December 15 to 18, 2019. The conference is designed for government ethics administrators. Jason Kaune and Evann Whitlam of Nielsen Merksamer moderated and facilitated a panel discussion entitled, “Campaign Finance Update: The ‘Must Know’ Litigation Developments,” with Megan McAllen, Director of Campaign Finance Litigation at the Campaign Legal Center and Tanya Senanyake, an Attorney for the Litigation Division at the Federal Election Commission. Nielsen Merksamer edits an annual bluebook, compiled from government ethics administrators’ contributions. The bluebook includes a synopsis of all major campaign finance litigation in the United States and Canada in the past year. Nielsen Merksamer clients may obtain a free PDF of that publication by requesting a copy through their political attorney. In Case You Missed It:
WEEK OF December 20, 2019 Latest Developments:
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WEEK OF November 29, 2019 Latest Developments:
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Can’t See the Money in Arizona: The Arizona Capitol Times reports that the Arizona Secretary of State’s campaign finance websites are “broken.” With less than a year before the next major election, the state’s “See the Money” website has never worked properly, according to the article. The website is supposed to display information gathered by “Beacon,” the state’s campaign finance reporting tool. A representative of the Arizona Action Network said she “can’t remember the last time they used the website because they’ve had so many issues with it.” She and her coworkers use third-party websites that are “generally more accurate.” WEEK OF November 22, 2019 Latest Developments:
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WEEK OF October 25, 2019 Latest Developments:
Reminder: The American Bar Association’s webinar, International Political Influence and Corruption in Elections: Will Recent Events Lead to Stricter U.S. Regulation? is available online. The webinar is a timely overview of the laws regulating foreign influence and corruption, and possible changes to come, was the topic of a well-received American Bar Association panel discussion moderated by Nielsen Merksamer Of Counsel Mike Columbo and featuring a presentation by Federal Elections Commission Chair Ellen Weintraub. The one-hour online CLE is available to ABA members free of charge and to the public for a fee, and may be accessed here: International Political Influence and Corruption in Elections. In Case You Missed It:
WEEK OF October 18, 2019 Latest Developments:
Reminder: The American Bar Association’s webinar, International Political Influence and Corruption in Elections: Will Recent Events Lead to Stricter U.S. Regulation? is available online. The webinar is a timely overview of the laws regulating foreign influence and corruption, and possible changes to come, was the topic of a well-received American Bar Association panel discussion moderated by Nielsen Merksamer Of Counsel Mike Columbo and featuring a presentation by Federal Elections Commission Chair Ellen Weintraub. The one-hour online CLE is available to ABA members free of charge and to the public for a fee, and may be accessed here: International Political Influence and Corruption in Elections. In Case You Missed It:
WEEK OF October 11, 2019 Latest Developments:
Nielsen Merksamer will provide a brief analysis of all the important political law measures to clients after the last day for signing bills.
Reminder: The Practising Law Institute’s a one-day, focused program on Corporate Political Compliance 2019, which was held in San Francisco, CA on October 3, 2019, is available online, and may be found here: Corporate Political Law Compliance 2019. Nielsen Merksamer co-chairs this program. Highlights of this year’s program included:
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WEEK OF October 4, 2019 Latest Developments:
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WEEK OF September 27, 2019 Latest Developments:
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:
WEEK OF September 20, 2019 Latest Developments:
Reminder: The American Conference Institute presents the National Forum on the Foreign Agents Registrations Act on September 25, 2019 at the Washington Hilton in Washington, D.C. Join Jason Kaune of Nielsen Merksamer, who is participating on a panel about “FARA Prosecutions in Practice: How Practitioners are Approaching the Toughest, Most Critical Decisions in the Wake of Recent, High Profile Cases.” Use Code S10-655-655D20.S and receive a 10% discount. To sign up, use the following link: National Forum on FARA. 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. Nielsen Merksamer presents a briefing concerning California election, government and political law on Essential Ethics: What you Need to Know for 2020, on October 11, 2019, from 10:00 to 11:30 am at the Sutter Club in Sacramento. Join us for a complimentary briefing on the key issues you need to know for the 2020 election cycle. To sign up, use the following link: Essential Ethics 2020. In Case You Missed It:
WEEK OF September 13, 2019 Latest Developments:
Reminder: The American Conference Institute presents the National Forum on the Foreign Agents Registrations Act on September 25, 2019 at the Washington Hilton in Washington, D.C. Join Jason Kaune of Nielsen Merksamer, who is participating on a panel about “FARA Prosecutions in Practice: How Practitioners are Approaching the Toughest, Most Critical Decisions in the Wake of Recent, High Profile Cases.” Use Code S10-655-655D20.S and receive a 10% discount. To sign up, use the following link: National Forum on FARA. In Case You Missed It:
Even Pay-to-Play is Bigger in Texas: A Texas State Senator running for the U.S. Senate has disclosed in federal filings that he has substantial income from government contracts with seven Texas cities and districts according to the Texas Tribune. Disclosures for candidates for federal office are much greater than disclosures required of state officeholders. “Voters were never able to get those kinds of basic details from the disclosures the longtime senator – or any other Texas lawmaker – has had to file under lax state ethics laws,” according to the article. WEEK OF September 6, 2019 Latest Developments:
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WEEK OF August 30, 2019 Latest Developments:
Reminder: The Practising Law Institute presents the annual Corporate Political Activities Conference on September 6-7, 2019 in Washington, D.C. The program comprehensively covers campaign finance, lobby disclosure and government ethics on the federal state and local level, with a break-out session on foreign political activities. A one-day version of the program will be presented later in San Francisco, CA on October 3. Nielsen Merksamer co-chairs these programs. To sign up, use the following links: PLI Two-Day Conference in Washington D.C.; PLI One-Day Program in San Francisco (also webcast) In Case You Missed It:
Nielsen Merksamer Investigates: The California Supreme Court issued an announcement that it selected Art Scotland and Nielsen Merksamer to “spearhead an independent investigation into the partial disclosure related to the July (California State) Bar exam.” Scotland is a retired Justice of the State’s Third District Court of Appeal who joined Nielsen Merksamer in 2012. According to the statement, the court “will ensure that there is a thorough and independent investigation into the circumstances surrounding the disclosure (of topics covered by the exam), and that appropriate steps are taken to protect the integrity of the bar examination and identify and address any consequences.” The American Bar Association Journal reports that many recipients of the email from the California State Bar thought the revelation of question topics five days before the exam was a hoax; the Bar said the first email leak was accidental, but disclosure to all test-takers was made “out of an abundance of caution and fairness.” WEEK OF August 23, 2019 Latest Developments:
Reminder: The Practising Law Institute presents the annual Corporate Political Activities Conference on September 6-7, 2019 in Washington, D.C. The program comprehensively covers campaign finance, lobby disclosure and government ethics on the federal state and local level, with a break-out session on foreign political activities. A one-day version of the program will be presented later in San Francisco, CA on October 3. Nielsen Merksamer co-chairs these programs. To sign up, use the following links: PLI Two-Day Conference in Washington D.C.; PLI One-Day Program in San Francisco (also webcast) In Case You Missed It:
WEEK OF August 16, 2019 Latest Developments:
Reminder: The Practising Law Institute presents the annual Corporate Political Activities Conference on September 6-7, 2019 in Washington, D.C. The program comprehensively covers campaign finance, lobby disclosure and government ethics on the federal state and local level, with a break-out session on foreign political activities. A one-day version of the program will be presented later in San Francisco, CA on October 3. Nielsen Merksamer co-chairs these programs. To sign up, use the following links: PLI Two-Day Conference in Washington D.C.; PLI One-Day Program in San Francisco (also webcast) In Case You Missed It:
WEEK OF August 9, 2019 Latest Developments:
Reminder: The Practising Law Institute presents the annual Corporate Political Activities Conference on September 6-7, 2019 in Washington, D.C. The program comprehensively covers campaign finance, lobby disclosure and government ethics on the federal state and local level, with a break-out session on foreign political activities. A one-day version of the program will be presented later in San Francisco, CA on October 3. Nielsen Merksamer co-chairs these programs. To sign up, use the following links: PLI Two-Day Conference in Washington D.C.; PLI One-Day Program in San Francisco (also webcast). Nielsen Merksamer clients are invited to a workshop on September 4. In Case You Missed It:
WEEK OF August 2, 2019 Latest Developments:
Reminder: The Practising Law Institute presents the annual Corporate Political Activities Conference on September 6-7, 2019 in Washington, D.C. The program comprehensively covers campaign finance, lobby disclosure and government ethics on the federal state and local level, with a break-out session on foreign political activities. A one-day version of the program will be presented later in San Francisco, CA on October 3. Nielsen Merksamer co-chairs these programs. To sign up, use the following links: PLI Two-Day Conference in Washington D.C.; PLI One-Day Program in San Francisco (also webcast) In Case You Missed It:
WEEK OF July 26, 2019 Latest Developments:
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WEEK OF July 19, 2019 Latest Developments:
Reminder: The Practising Law Institute presents the annual Corporate Political Activities Conference on September 6-7, 2019 in Washington, D.C. The program comprehensively covers campaign finance, lobby disclosure and government ethics on the federal state and local level, with a break-out session on foreign political activities. A one-day version of the program will be presented later in San Francisco, CA on October 3. A one-hour briefing on the basics of federal campaign finance law will be presented beforehand on August 1. Nielsen Merksamer co-chairs these programs. To sign up, use the following links: One Hour Briefing on August 1 (Online, included in registration below); PLI Two-Day Conference in Washington D.C.; PLI One-Day Program in San Francisco (also webcast) In Case You Missed It:
WEEK OF July 12, 2019 Latest Developments:
Reminder: The Practising Law Institute presents U.S. Political Activities by Multinational Corporations, with panelists Mike Columbo and Evann Whitelam, moderated by Jason Kaune, all of Nielsen Merksamer, on Tuesday, July 16, at 1:00 P.M. EDT. In light of recent scandals, the hour-long discussion will focus on compliance with U.S. political laws – including the Foreign Agents Registration Act, the Federal Election Campaign Act, and the Lobbying Disclosure Act, among others – as they relate to multinational corporations; a summary of notable investigations and enforcements; and real-world scenarios and best practices for compliance. Register Here for U.S. Political Activities by Multinational Corporations In Case You Missed It:
WEEK OF June 28, 2019 Latest Developments:
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Pay-to-Play in Action:
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WEEK OF April 5, 2019 Latest Developments:
Reminders: Panel on Foreign Political Activities: What will be the regulatory aftershock of the Mueller Report? American Bar Association (ABA) members attending the 2019 Annual Conference of the Section of International Law interested in the impact on lobby filings, the latest developments in enforcement of FARA and FCPA, H.R. 1 and state litigation over social media legislation, and the FEC’s pursuit of foreign money should attend a panel called “International Political Influence and Corruption: Will Recent Scandals Lead to Stricter U.S. Regulations” on April 10, 2019 featuring FEC Chair Ellen Weintraub, David Laufman, formerly Chief of the DOJ Counterintelligence and Export Control Section, Severin Wirz, Senior Director of Anti-Corruption at TIAA, and Mike Columbo and Jason Kaune (moderator) of Nielsen Merksamer. In Case You Missed It:
WEEK OF MARCH 29, 2019 Latest Developments:
Reminders: Panel on Foreign Political Activities: What will be the regulatory aftershock of the Mueller Report? American Bar Association (ABA) members attending the 2019 Annual Conference of the Section of International Law interested in the impact on lobby filings, the latest developments in enforcement of FARA and FCPA, H.R. 1 and state litigation over social media legislation, and the FEC’s pursuit of foreign money should attend a panel called “International Political Influence and Corruption: Will Recent Scandals Lead to Stricter U.S. Regulations” on April 10, 2019 featuring FEC Chair Ellen Weintraub, David Laufman, formerly Chief of the DOJ Counterintelligence and Export Control Section, Severin Wirz, Senior Director of Anti-Corruption at TIAA, and Mike Columbo and Jason Kaune (moderator) of Nielsen Merksamer. In Case You Missed It:
WEEK OF MARCH 22, 2019 Latest Developments:
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WEEK OF FEBRUARY 22, 2019 Latest Developments:
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At its meeting this week, the Commission was confronted by yet another angry complainant who asserted that a group operated by city officials out of Burbank City Hall used hotel tax funds to promote a ballot measure to expand Burbank Airport. The Commission currently lacks the authority to investigate, other than to assess fines against those entities that fail to report their activity.
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WEEK OF FEBRUARY 1, 2019 Latest Developments:
In addition, the Governor announced a comprehensive Lobby Reform Proposal. Among other things, it would decrease the threshold required to register to $500, require lobbyists to report campaign contributions, extend revolving door provisions from 2 to 5 years, and increase penalties on lobbyists who fail to comply with the lobby law. The measure has been introduced in both houses of the legislature as Assembly Bill 2010 and Senate Bill 1510. These latter bills are marked as bills to implement the state’s budget.
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WEEK OF JANUARY 25, 2019 Latest Developments:
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WEEK OF JANUARY 18, 2019 Latest Developments:
Clients with access to campaign finance law summaries through the the Nielsen Merksamer Client Portal will find pertinent updated limits in each summary in the coming weeks.
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WEEK OF JANUARY 11, 2019 Latest Developments:
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WEEK OF DECEMBER 21, 2018 Latest Developments:
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WEEK OF DECEMBER 14, 2018 Latest Developments:
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Meanwhile, according to the St. Louis Dispatch, the same groups that tried to keep the Clean Missouri initiative off the ballot are “mulling further legal action aimed at stopping the reforms. ‘We fully intend to oppose Clean Missouri any way we can,’ said Dan Mehan, executive director of the Missouri Chamber of Commerce and Industry.”
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The initiative would also require voter approval for any substantive changes to a voter-approved initiative or referendum. This measure was proposed in response to the state legislature repealing Initiative 22, a campaign finance and election-related measure approved by voters in 2016. Initiative 22 was an initiated state statute, which meant that the legislature was able to repeal or amend it. This 2018 initiative is a constitutional amendment and can’t be repealed or amended without voter approval. (No 55%, with 100% precincts of precincts reporting.)
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Ballot Measures to Watch in November: Several states around the country have political law measures on the November ballot. These measures include various changes to campaign contribution limits, lobbyist gifts, revolving door provisions, and creating or revising ethics commissions or redistricting commissions.
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WEEK OF SEPTEMBER 28, 2018 Latest Developments:
Reminder — PLI is coming to San Francisco October 4 and 5: PLI will hold a repeat performance of the popular Corporate Political Activities 2018: Complying with Campaign Finance, Lobbying and Ethics Laws in San Francisco on October 4 and 5. The program will be webcast. The keynote speaker will be Richard Hasen, election law blogger, renowned professor, and author. For more information, check out the full program here. Nielsen Merksamer clients and California Political Attorney Association members receive a discount. Please contact a political law attorney at the firm for additional information. In case you missed it:
WEEK OF SEPTEMBER 21, 2018 Latest Developments:
Reminder – PLI Coming to San Francisco October 4 and 5: PLI will hold a repeat performance of the popular Corporate Political Activities 2018: Complying with Campaign Finance, Lobbying and Ethics Laws in San Francisco on October 4 and 5. The program will be webcast. The keynote speaker will be Richard Hasen, election law blogger, renowned professor, and author. For more information, check out the full program here. Nielsen Merksamer clients and California Political Attorney Association members receive a discount. Please contact a political law attorney at the firm for additional information. In case you missed it:
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WEEK OF AUGUST 31, 2018 Latest Developments: Among the recollections of the late Sen. John McCain’s legislative achievements, NPR ran a segment on the Senator’s impact on Campaign Finance, including his essential role in the so-called Bipartisan Campaign Reform Act of 2002, better known as McCain-Feingold. Unmentioned was McCain’s checkered past as a member of the “Keating Five” corruption scandal, which took place amidst the larger Savings and Loans collapse of the late 1980s. McCain himself cited the scandal as an impetus for his often-Quixotic undertakings for reform. Nosce te Ipsum: The LA Times reports on Gov. Jerry Brown’s Monday veto of a bill that would have prevented politicians from paying family members an amount greater than fair-market value for goods and services. Sponsored by Assemblyman Marc Steinorth (R-Rancho Cucamonga), the bill sought to ban politicians from making excessive payments to parents, children and siblings working on their campaigns. Reminder: Our annual Essential Ethics Workshop will be held on Wednesday, September 5 at the University Club in Washington, D.C. from 12:30 – 2 p.m. We’ll be discussing new developments in political law, sharing experiences and best practices for responding to lobby audits, and discussing the potential changes to the Supreme Court’s campaign finance precedent in light of the upcoming appointment of a new Justice. This event is free and open to all clients. Contact Donna Flanagan for more information. In case you missed it:
WEEK OF AUGUST 24, 2018 Latest Developments: The Governor of New York signed SB 4761, which bans the use of placement agents, including registered lobbyists, who seek to obtain investments by the New York State Common Retirement Fund. The bill takes effect immediately. The Los Angeles City Ethics Commission met Tuesday, August 21. The Commission’s agenda included possible action on various proposed campaign finance changes. The result, according to the Los Angeles Times, is that the Commission tabled a proposal to ban contributions from real estate developers. However, the Commission approved increased public financing provisions (matching funds) and sent that proposal to the City Council for consideration. The Kansas Governmental Ethics Commission voted this week to permit the use of campaign funds to pay for child care, according to KCUR. The intent is to make it easier for parents to run for office. The move follows a similar decision by the Federal Election Commission earlier this year, as reported by NPR. The Kentucky Legislative Ethics Commission asked the Legislature to amend the state’s ethics provisions. According to WPFL, the Commission is seeking authority to dismiss politically motivated charges when the complainant makes public statements about the case. The commission also proposed provisions requiring additional gift disclosure and clarifying that the Commission has jurisdiction over those who have left office. The Baltimore City Council gave initial approval to an ordinance that would require quarterly lobbyist disclosure reports instead of annual reports. A final vote on the Transparency in Lobbying Act is scheduled for September 17, 2018. Reminder: Our annual Essential Ethics Workshop will be held on Wednesday, September 5 at the University Club in Washington, D.C. from 12:30 – 2 p.m. We’ll be discussing new developments in political law, sharing experiences and best practices for responding to lobby audits, and discussing the potential changes to the Supreme Court’s campaign finance precedent in light of the upcoming appointment of a new Justice. This event is free and open to all clients. Contact Donna Flanagan for more information. In case you missed it:
WEEK OF AUGUST 17, 2018 Latest Developments: A United States District Court Judge in Wyoming found the state’s ban on campaign robocalls to be unconstitutional. According to Government.com, the ban on political calls was far more restrictive than the limits on commercial robocalls. In Victory Processing LLC. v. Wyoming Attorney General, the plaintiffs asserted that the robocalls ban violated their right to free speech under the First Amendment. The California Fair Political Practices Commission met on Thursday, August 16. The Commission announced that its phone lines would be open longer hours beginning September 1, and running through Election Day. (Temporary hours: Mon.-Tue. 9 – 12; Wed.-Thurs. 1 – 4 [Usual hours are Mon.-Thurs. 9-11:30 a.m.]) The Commission also adopted updated campaign manuals and forms, with changes reflecting new legislation. The Los Angeles City Ethics Commission meets next Tuesday, August 21. The Commission’s agenda includes possible action on proposed campaign finance changes. Reminder: Our annual Essential Ethics Workshop will be held on Wednesday, September 5 at the University Club in Washington, D.C. from 12:30 – 2 p.m. We’ll be discussing new developments in political law, sharing experiences and best practices for responding to lobby audits, and discussing the potential changes to the Supreme Court’s campaign finance precedent in light of the upcoming appointment of a new Justice. This event is free and open to all clients. Contact Donna Flanagan for more information. In case you missed it:
WEEK OF AUGUST 10, 2018 Latest Developments: A federal District Court Judge in Washington, D.C. issued a 113-page opinion invalidating a 38-year old Federal Election Commission regulation that required any person’s federal Independent Expenditure Report to only disclose contributors to the ad addressed by that report. The Court instead held that the makers of an IE must disclose all of its contributors. The decision’s implications for trade associations and nonprofits making any independent expenditures, and their donors, could be significant, and the Court stated that the FEC could enforce this requirement retroactively. Pro-regulation groups hailed the decision as a blow to “dark money groups,” according to Politico. The Wisconsin Ethics Commission has appointed another interim Ethics Administrator: The Commission has appointed Florida attorney Daniel Carlton, Jr. as its new interim administrator. The Wisconsin Law Journal reports that Carlton previously worked for the Florida Ethics Commission. Wisconsin has struggled to find an acceptable leader since the demise of the old Government Accountability Board which occurred as a result of that board’s investigation of Gov. Scott Walker. The California Fair Political Practices Commission meets next Thursday, August 16. The Agenda, includes discussions about newly revised manuals and the use of Bitcoin for contributions. The Commission will consider potential regulations about the use of Bitcoin at its September meeting and regulations for top donor disclosure under the Disclose Act at its October meeting. Curiously, following appointment of a new Chair, none of the upstart subcommittees met in the past month. Perhaps peace has returned to the Commission. In case you missed it:
Reminder: Our annual Essential Ethics Workshop will be held on Wednesday, September 5 at the University Club in Washington, D.C. from 12:30 – 2 pm. We’ll be discussing new developments in political law, sharing experiences and best practices for responding to lobby audits, and discussing the potential changes to the Supreme Court’s campaign finance precedent in light of the upcoming appointment of a new Justice. This event is free and open to all clients. Contact Donna Flanagan for more information. WEEK OF AUGUST 3, 2018 Latest Developments: The New York Joint Commission on Public Ethics (JCOPE) met on July 31. The Commission highlighted its efforts to educate the public on the new lobby regulations that take effect on January 1. The Commission will hold an educational program in Albany on September 20 for lobbyists and others to learn about the new regulations. That program will be posted later on the Commission’s website. The Commission has also issued a “Key Features” document that is an effort to put highlights of the new regulations in plain English. In addition, the Commission will host an educational seminar on the First Amendment and lobbying in October. A North Dakota Ethics constitutional amendment is the first measure to qualify for the November Ballot. The West Fargo Pioneer reports that the initiative measure would “prevent lobbyists from giving gifts to public officials and would establish an ethics commission that could investigate public officials, candidates, and lobbyists.” In case you missed it:
WEEK OF JULY 27, 2018 Latest Developments: The Governor of Montana has filed suit against the U.S. Treasury Department and Internal Revenue Service seeking to block the revenue procedure that eliminates the reporting of the identity of contributors to politically active nonprofits that make political expenditures. Reuters reports that Governor Steve Bullock believes the loss of reporting will lead to foreign money in U.S. elections. The changes were made by the U.S. Treasury Department in Revenue Procedure 2018-38, as we reported last week. The New York Joint Commission on Public Ethics (JCOPE) meets next Tuesday, July 31, but does not list anything particularly remarkable on its agenda. Reminder: August 1 is the PLI One-Hour Briefing on the “Basics of the Federal Election Campaign Act 2018.” You can sign up at the Practising Law Institute. In case you missed it:
WEEK OF JULY 27, 2018 Latest Developments: The Governor of Montana has filed suit against the U.S. Treasury Department and Internal Revenue Service seeking to block the revenue procedure that eliminates the reporting of the identity of contributors to politically active nonprofits that make political expenditures. Reuters reports that Governor Steve Bullock believes the loss of reporting will lead to foreign money in U.S. elections. The changes were made by the U.S. Treasury Department in Revenue Procedure 2018-38, as we reported last week. The New York Joint Commission on Public Ethics (JCOPE) meets next Tuesday, July 31, but does not list anything particularly remarkable on its agenda. Reminder: August 1 is the PLI One-Hour Briefing on the “Basics of the Federal Election Campaign Act 2018.” You can sign up at the Practising Law Institute. In case you missed it:
WEEK OF JULY 20, 2018 Latest Developments: The United States Treasury Department announced that it will no longer require the names and addresses of donors to be included on Schedule B, which is filed with IRS Form 990, for any nonprofit other than a charity (501(c)(3) organization) or PAC (527 organization). For example, nonprofit social organizations that engage in political speech and register under IRC Section 501(c)(4), such as ballot measure committees, will no longer disclose the names and addresses of their donors. Filers will still disclose each contribution of $5,000 or more received without names and addresses. The changes are contained in Revenue Procedure 2018-38 and will apply to tax years ending on or after December 31, 2018. The California Fair Political Practices Commission met Thursday, July 19, 2018, with the following results:
The San Francisco Ethics Commission meets Friday, July 20. The Commission’s agenda includes a discussion of staff proposals for regulations regarding requests for opinions. Reminder: August 1 is the PLI One-Hour Briefing on the “Basics of the Federal Election Campaign Act 2018.” You can sign up at the Practising Law Institute. In case you missed it:
WEEK OF JULY 13, 2018 Latest Developments: Sexual Harassment Developments: In Maine, SB 695 was enacted. It requires Legislators, legislative staff and lobbyists to attend and complete a course of in- person education and training regarding harassment, including sexual harassment, at the beginning of each regular session of the Legislature. It requires the Legislative Council to develop and implement the course. Rules and further instructions are pending. The California Fair Political Practices Commission meets July 19. The commission is slated to further discuss appropriate questions for an AG Opinion regarding the Bagley-Keene Open Meeting Act that they agreed to request at the January 2018 meeting. Further, in keeping with a February 18th agreement, a task force is meeting to conduct a holistic review of the Enforcement Division’s practices and procedures. One of its purposes is to create a procedures manual that provides an overview of how an enforcement complaint is filed, opened, investigated and resolved. Our firm, among others, is represented on the task force. In case you missed it:
WEEK OF JULY 6, 2018 Latest Developments: The California Fair Political Practices Enforcement Review Task Force meets next Wednesday, June 11. The Commission created the task force to obtain input from the regulated community and other interested parties regarding creating/revising the commission’s enforcement manual. The agenda includes organizational activities such as selecting a leader and establishing goals. The Missouri Ethics Commission issued two new regulations that contain (1) clarifications on when an out-of-state committee, including a federal PAC, must register and (2) related definitions. The regulations take effect on August 8, 2018, in time for the General Election Cycle. In case you missed it:
WEEK OF JUNE 29, 2018 Latest Developments: California Governor Jerry Brown appointed a new Chair of the state’s Fair Political Practices Commission last Friday. According to the Sacramento Bee, Alice T. Germond joins the Commission after a lengthy political career that includes serving as the Governor’s Deputy Campaign Manager in his 1978 re-election. Her term will expire in January. In case you missed it:
WEEK OF JUNE 22, 2018 Latest Developments: The Oklahoma Ethics Commission raised lobby registration fees by $100 to $250, beginning July 1. According to The Oklahoman, the increase follows a dispute with the state’s legislature which gave the commission no general fund monies for support for the upcoming fiscal year. The commission will be forced to fund all of its operations from fee income during the 2018-2019 fiscal year. Colorado Secretary of State Wayne Williams issued new Campaign and Political Finance Regulations on June 19, 2018, following a federal court decision in Holland v. Williams last week, as reported here. The new rules include a different procedure for filing complaints that allege a violation of campaign and political finance laws. (See Rule 18 of the new regulations.) Complaints are no longer sent to the Office of Administrative Courts within 3 days, but instead are reviewed and may be investigated by the Secretary of State’s Office. Someone deserves an award for responsive governmental action – these new rules were adopted as emergency regulations exactly one week after the federal district court issued its opinion. The Denver Post reports on the details. The California Fair Political Practices Commission met Thursday, June 21, 2018. Following the resignation of the Chair and her most vocal opponent, the Commission returned to a more collegial form. Among the agenda items discussed:
The United States Office of Government Ethics has issued Guidance that virtual currencies must be disclosed as “property.” Virtual currencies (such as Bitcoin) are not true legal tender and, as such, federal officers and employees must disclose their holdings in these crypto currencies. As an investment asset, holding a virtual currency may create a conflict of interest, according to the Guidance, dated June 18, 2018. The New York Joint Commission on Public Ethics (JCOPE) meets next Tuesday with a very light agenda. In case you missed it:
WEEK OF JUNE 15, 2018 Latest Developments: The United States Supreme Court says it’s “OK” to wear your “political” T Shirt to the Polls. In Minnesota Voters Alliance v. Mansky, the court (in a 7 to 2 decision) struck down Minnesota’s ban on wearing political apparel at a polling station as a violation of the Free Speech clause of the First Amendment. The court indicated that a state could prohibit forms of campaign advocacy at the polling place, but found Minnesota’s ban too broad. The ban on “political” apparel was used to initially bar a voter with a T shirt containing a Tea Party Patriots’ logo and the words, “Don’t Tread on Me,” and a button that said, “Please ID Me.” The Eighth Circuit Court of Appeals struck down a Missouri law that required committees to form and register at least 30 days before an election. In Missourians for Fiscal Responsibility v. Klahr, the court found that that the restriction “prohibits (or at least significantly burdens)” political speech. The Missourians group had formed 14 days before an election, in violation of the Missouri statute. The court noted that the only legitimate governmental interest for restricting campaign finances is preventing corruption or the appearance of corruption. The time restriction was not narrowly tailored and did not address that issue. The San Francisco Ethics Commission meets Friday, June 15. The agenda includes a discussion about future priorities. Among the 20 items on the “Policy Prioritization Plan” are reviews of the lobby code, expenditure lobbying, the major developer disclosure program, behested payments, and the lobby regulations. The California Fair Political Practices Commission meets next Thursday. Among the agenda items:
In case you missed it:
WEEK OF JUNE 8, 2018 Latest Developments: Montana Governor Steve Bullock signed an executive order today (6/8/18) that requires anyone who seeks to do business with the state’s executive branch (contracts for goods of more than $50,000 or services of more than $25,000) disclose any expenditures for electioneering communications if the aggregate is over $2,500 in the past 24 months. Contracts that last more than 2 years would require an annual, updated disclosure. The state’s Department of Administration is directed to implement the disclosure policy by September 1, 2018. The California Fair Political Practices Commission held a special meeting on Monday, June 4, 2018. The four commission members unanimously approved new governance regulations that strip power from the chair (who resigned last week) and divide it among two bipartisan subcommittees and the Executive Director. In case you missed it:
WEEK OF JUNE 1, 2018 Latest Developments: The Oklahoma Ethics Commission meets Friday, June 8. A discussion of the fee schedule, effective July 1, 2018 is on the agenda. Among the fees that are the subject of review, are registration fees for lobbyists, lobbyist employers, and PACs, and late fees. The California Fair Political Practices Commission will hold a special meeting on Monday, June 4, 2018. The sole matter on the Commission’s agenda is approval of governance regulations to establish two bipartisan subcommittees, a Budget and Personnel Committee and a Law and Policy Committee. Each committee will consist of two members each, none of whom is the Chair of the Commission. Facing a mutinous group of commissioners, the Sacramento Bee reported that Chair Remke resigned. The Oakland Ethics Commission meets Monday, June 4, 2018, with a long but unremarkable agenda. However, within the Director’s report are the goals for 2018-2019, which include establishing e-filing for lobbyist registrations and for reporting of behested payments. In case you missed it:
WEEK OF MAY 25, 2018 Latest Developments: The New York Joint Commission on Public Ethics met Tuesday, May 22, 2018. Among the agenda items discussed:
The Oklahoma Legislature adjourned on May 3, 2018. Under the unique provisions of the Oklahoma Constitution, Ethics Rule amendments proposed by the Oklahoma Ethics Commission that were not rejected by the state’s legislature become statutes and are operative upon adjournment. Changes include:
In case you missed it:
WEEK OF MAY 18, 2018 Latest Developments: The New York Joint Commission on Public Ethics meets next Tuesday, May 22, 2018. Among the agenda items:
Colorado’s Secretary of State adopted new Lobby Regulations. The regulations, among other things, require that, beginning January 1, 2019, a lobbyist report all position changes (monitor, oppose, or support) with the monthly disclosure statement. A controversial provision that would have required disclosure of the terms of new lobbyist engagements was dropped. The regulations take effect May 30, 2018, which is 20 days after publication in the Colorado Register. The California Fair Political Practices Commission met Thursday, May 17, 2018. Among the more interesting actions:
The Governor of Georgia signed H.B. 973 on May 10, 2018. That bill requires all lobbyists to agree to abide by the General Assembly’s sexual harassment policy. The San Diego City Council passed an amendment to the City’s Election Campaign Control Ordinance. According to the San Diego Union Tribune, the amended ordinance requires disclosure on the City’s website of donors of $10,000 or more, and adopts provisions similar to the State of California’s recently enacted Disclose Act specifying the size and placement of disclosures in advertising. In case you missed it:
WEEK OF MAY 11, 2018 Latest Developments: The California Fair Political Practices Commission meets next Thursday, May 17 to take up its regular agenda. Among the interesting bits before the Commission:
The San Francisco Ethics Commission held a special meeting on May 7.
In case you missed it:
WEEK OF MAY 4, 2018 Latest Developments: The Ninth Circuit Court of Appeals, in a three-paragraph Order on May 2, 2018, denied a petition for rehearing en banc in a case arising from a case that challenged Montana’s campaign contribution limits. That case, Lair v. Motl, upheld those campaign contribution limits. Following the short order, five conservative judges wrote a lengthy dissent, as described by the San Francisco Chronicle, asserting that the decision violates economic free speech and contravenes Citizen United and McCutcheon. The dissent appears to implore the Supreme Court to review the case. Oakland Public Ethics Commission meets on Monday, May 7, 2018, with a light agenda. In case you missed it:
WEEK OF APRIL 27, 2018 Latest Developments: The New York Joint Commission on Public Ethics met on Tuesday, April 24, 2018. Among the items on the agenda was the Comprehensive Lobbying Regulations. Following two years of drafts, discussion, debate, and interested persons meetings, the commission formally adopted the Comprehensive Lobby Regulations, which will take effect January 1, 2019. In case you missed it:
WEEK OF APRIL 20, 2018 Latest Developments: In Kansas, the Governor signed S.B. 394, which adds additional lobbyist registration triggers and additional exceptions to lobbyist registration requirements. The bill also includes new gift rules and disclosure requirements. The California Fair Political Practices Commission met on Thursday, April 19, 2018. Once again, the Commission had a contentious debate over the governance structure of the Commission. The Chair has met with the Governor’s office and expressed concern that the regulation would fundamentally restructure the Commission in a manner not contemplated by the original initiative statute. Other Commissioners expressed concern that their proposal was not being moved forward as fast as they expected. The San Francisco Ethics Commission held a special meeting on Wednesday, April 18, 2018 at which they chose Commissioner Chiu as the Chair and Commissioner Kopp at the Vice Chair. The Commission discussed the proposed changes to the Anti-Corruption and Accountability Ordinance, as amended in the recent joint meeting with the Board of Supervisors. The Commission adopted the ordinance with a minor clarifying amendment by Commissioner Kopp. The Commission voted down Commissioner Kopp’s effort to add back a ban on behested payments and an authorization to share recoveries under a right of private action. Commissioner Kopp also gave an impassioned speech against pay-to-play contributions. The Los Angeles City Ethics Commission will meet Tuesday, April 24, 2018. The agenda includes a presentation in connection with the Commission’s review of campaign finance laws. The Colorado Secretary of State held a hearing on proposed amended lobby regulations on Monday, April 16. Comments focused on the following points:
In case you missed it:
WEEK OF APRIL 13, 2018 Latest Developments: The FPPC has released its agenda for the meeting next week. The April 19 meeting will include pre-notice discussion of regulations to implement the recommendations of the Ad Hoc Governance Committee and a review of the Commission’s ability to review and modify a closure letter The San Francisco Ethics Commission will hold a special meeting on Wednesday, April 18, 2018. The agenda includes only two items: (1) to choose a new chair and (2) to discuss the proposed changes to the Anti-Corruption and Accountability Ordinance, as amended in the recent joint meeting with the Board of Supervisors. The Colorado Secretary of State will hold a hearing on proposed amended lobby regulations on Monday, April 16. In case you missed it:
WEEK OF APRIL 6, 2018 Latest Developments: The California Attorney General issued an opinion on April 3, 2018, that a city council member who is also an attorney may not advocate on behalf of a client’s interests that are adverse to the city’s interests. Further, a city council member who is also an attorney may not participate in governmental decisions concerning a client’s interests when those interests that are adverse to the city’s interests. The SF Ethics Commission participated in a joint meeting with SF Board of Supervisors on Tuesday, April 3, 2018. Following a staff presentation at the meeting, the Commission adopted a number of amendments to its proposal to amend the San Francisco Anti-Corruption and Accountability Ordinance. The Board of Supervisors accepted additional amendments and referred those changes back to the Commission. (See the minutes of the joint meeting at pages 16 to 19 of the board’s minutes.) Oakland Ethics Commission held its regular monthly meeting on Monday, April 2, 2018. The Commission listened to a presentation from Open Oakland, a community nonprofit, which previewed a planned web-based tool to expand campaign finance disclosure covering contributions to candidates and Oakland ballot measures. In case you missed it:
WEEK OF MARCH 30, 2018 Latest Developments: New York Joint Commission on Public Ethics met on March 27, 2018. Staff demonstrated a new website that will become available to the public next week. The staff has also issued a new Procurement Lobbying Guide. In addition, the commission discussed pending legislation that would require disclosure of lobbyists’ fundraising activity and also permit debarment of lobbyists who file false statements. The Commission may bring these up at a future meeting and take a position. Similar proposals have been in print in the form of Assembly Bills 7161, 7162, and 7163. Oakland Ethics Commission holds its regular monthly meeting on Monday, April 2, 2018. As part of the agenda, the Commission lists as a key project for 2018-19 creating an e-filing system for lobbyist registration. (Currently the Commission asks that registrations be emailed to the Commission, but also accepts registration by mail or facsimile.) In case you missed it:
WEEK OF MARCH 23, 2018 Latest Developments: Federal Budget: House Bill 1625 has been approved by Congress signed by the President. Buried within the bill are a few provisions that pertain to political activity:
Additionally, The Hill reports that, in a separate report attached to HB 1625, Congress has asked the “Federal Election Commission to issue a report about illegal foreign political contributions in elections, its enforcement measures, and how it works to combat them.” The required report is due 180 days after passage of HB 1625. California Fair Political Practices Commission met Thursday, March 22, 2018. The commission took the following actions, among others:
San Francisco Ethics Commission met last Friday, March 16, 2018.
Oakland Ethics Commission meets on Monday, March 26, 2018, for a special meeting “to conduct strategic planning, performance, and operational activities.” Among the topics on the agenda is how staff should handle complaints of violations of the Sunshine Ordinance by the Ethics Commission itself. (Two complaints are pending.) New York Joint Commission on Public Ethics meets next Tuesday, March 27. The notable matters on the agenda scheduled for discussion include staff legislative proposals and discussion of a new website. Once again, noticeably absent is any mention of the comprehensive lobby regulations first published in October 2016. They remain featured on the commission’s website. In case you missed it:
WEEK OF MARCH 16, 2018 Latest Developments: Fair Political Practices Commission meets next Thursday, March 22, 2018. Among the topics on the agenda for discussion:
San Francisco Ethics Commission meets today, Friday, March 16, 2018. On the agenda: the Commission will elect a new chair. In addition, the Executive Director has announced that Jessica Blome, the Director of Enforcement is leaving the Commission. In case you missed it:
WEEK OF MARCH 9, 2018 Latest Developments: Oklahoma Ethics Commission meets today, Friday, March 9, 2018. While we generally don’t monitor this commission closely, it’s worth noting that the meeting agenda includes a presentation by a current state legislator who is asking the Commission to engage in rulemaking to require that payments intended to influence be disclosed. San Francisco Ethics Commission meets next Friday, March 16, 2018, but has not yet posted an agenda for the meeting. In case you missed it:
Currently FARA contains an exception for foreign agents who are registered under the Lobby Disclosure Act. (22 U.S.C. 613(h).) Section 5 of the bill would repeal subsection (h) of Section 613 in FARA and instead place an exception in the Lobby Disclosure Act (at 2 U.S.C. 1603(a)(3)) to provide that a person registered under FARA is not required to register as a lobbyist.
WEEK OF MARCH 2, 2018 Latest Developments: New York JCOPE met Tuesday (2/27/18). JCOPE’s only discussion concerned a request for an exemption from disclosure of source of funding from the NY Civil Liberties Union, which was denied. The still-pending lobby regulations were not discussed. Oakland Public Ethics Commission has cancelled its March 5 meeting and will meet instead on March 26, 2018 for a retreat. In case you missed it: Colorado’s Secretary of State has released a draft of proposed amended Lobbyist Regulations. The Secretary is seeking written comments on the draft through March 9, 2018; a public hearing will be held today (March 2, 2018). Among other things, the regulations specify the contents of lobbyist registrations and disclosure reports. Remember our report two weeks ago that a federal district court judge upheld Montana’s ban on political speech robocalls on a privately-owned telephone system in the case of Victory Processing v. Fox? The Los Angeles Times followed up and reports that political robocalls in California must start with a live person announcing the nature of the call and disclosing the entity promoting the call. The Times found these requirements are routinely ignored. “Zombie Campaign Funds,” a term coined by the Tampa Bay Times in a January 31, 2018 article, are thriving. These campaign funds of former (and sometimes dead) Members of the United States Congress are used “to finance their lifestyles, advance new careers and pay family members,” the Times investigation found. The Los Angeles Daily News (February 24, 2018) uncovered four former southern California Members, Gary Miller, Henry Waxman, Hilda Solis, and Buck McKeon, who maintain Zombie accounts. Rep. Mark Takano of Riverside is sponsoring the “Let it Go” Act, which would require that congressional campaign accounts be spent within 6 years of leaving office. The U.S. Supreme Court examined Minnesota’s ban on political clothing and buttons at polling places, on Wednesday, February 28, 2018. The Washington Post reports that the justices asked lots of questions about exactly what kind of clothing might be permissible to wear in a polling place. The case arose when a voter, who wore a tea party shirt and a button that read, “Please I.D. Me,” was stopped at the polls and his name recorded for possible prosecution under the state’s ban. The Federal Election Commission increased the lobbyist bundling disclosure threshold for 2018 from $17,900 to $18,200, based on the Consumer Price Index. The actual disclosure is made by the candidate, party, or leadership committee. The commission’s notice was dated January 29, 2018, but published on February 12, 2018 in the Federal Register.
Latest Developments: San Francisco Ethics Commission met last Friday (2/16/18). The commission failed to put an amendment to the city’s ethics ordinance on the June ballot (Item 4). The proposal was a watered-down version of the Commission’s original proposal from last fall, with amendments offered, coupled with a proposal from Supervisor Peskin to add major donor reporting. The measure is not dead; it will continue on a path back to the Board of Supervisors, or may be placed on the November ballot. Following over 4 hours of debate on the matter, the Chair of the Commission, Peter Keene, resigned in exasperation and walked out of the meeting, as reported by the San Francisco Examiner. The Board was faced with a March 2 deadline to place a measure on the June ballot. Los Angeles Ethics Commission met Tuesday (2/20/18). The Commission listened to a staff presentation on contributions, matching funds, and campaign disclosure as a part of a new review of the city’s campaign finance laws. The plan is to have changes in place for the 2020 election cycle. New York JCOPE meets next Tuesday (2/27/18). JCOPE has a scant agenda; the only substantive listing is an application for exemption from disclosure of source of funding from the NY Civil Liberties Union. Noticeably absent from the agenda are the still-pending lobby regulations. In case you missed it: Reuters reports that on February 15, 2018, Citizens United lost an appeal in the federal Second Circuit Court of Appeals in New York in a case involving disclosure of its donors. In Citizens United v. Schneiderman, the organization argued that the disclosure requirement was unconstitutional as chilling its speech and assembly rights and as a prior restraint on its ability to solicit money from donors. Citizens United is considering an appeal to the United States Supreme Court. US News & World Reports tells us that on February 13, 2018, the Missouri Supreme Court upheld a $230,000 charge by the Missouri Ethics Commission for campaign finance violations by a former Missouri State Senator. In Wright Jones v. Missouri Ethics Commission, the court said that while the Missouri Constitution prohibits the Legislature from delegating to a commission the ability to impose fines, the Missouri Ethics Commission properly imposed penalty “fees” for violations. WEEK OF FEBRUARY 16, 2018 Latest Developments: Fair Political Practices Commission met Thursday (2/15/18). The commission approved amendments to revolving door regulations and repealed of a mass mailing regulation that was placed into statute by SB 45. Far more fascinating was the Commission’s 2+ hour discussion of paying 3 members retroactively for time spent on commission business since August 2017. Under current practice commissioners are paid for two days a month – a travel day plus the actual day of the commission meeting. Commissioners Audero, Hatch, and Hayward want to be compensated for other work they have done. The Commission seemed to be oblivious to the fact that the California Constitution (Article IV, Section 17) prohibits retroactive payments for work already done (although there may be work-arounds). Commissioner Audero, whose official Commission biography states that she is “a partner in the Employment Law practice at Paul Hastings and is co-chair of the Employment Law Department in the Los Angeles Office,” apparently doesn’t know that office-holders in California are not “employees.” She was fixated on earning minimum wage and actually got the commission to vote 5-0 to ask the California Attorney General to opine how the state Labor Commission’s order requiring that state employees be paid at least minimum wage applies to Commission members. Commissioners eventually voted to adopt repealed FPPC Regulation § 18306 as a policy. That policy would pay commissioners $12.50 per hour for official business on non-meeting days, and the policy will be applied retroactively to March 1, 2017. San Francisco Ethics Commission meets this Friday (2/16/18). The commission will discuss amendments to the city’s ordinance (Item 4), including provisions:
The commission will also discuss disclosure of online political communications, intending to have a draft ordinance by the Fall of 2018. Los Angeles Ethics Commission meets next Tuesday (2/20/18). Among other things, the Commission will begin a review of the city’s campaign finance laws. The report indicates that actual proposals will be made at the April Commission meeting. In case you missed it: The Tax Cuts and Jobs Act of 2017 signed by the President on December 12, 2018, eliminated the income tax deduction for local lobbying, including lobbying of tribal governments. The measure includes a ban on deductions for the portion of dues to membership organizations that is attributable to local lobbying expenses. This will affect corporate clients that engage in local lobby efforts. (See, Section 13308 of the bill.) The Helena Independent Record reports that a federal district court judge, on February 9, 2018, upheld Montana’s ban on political speech robocalls on a privately-owned telephone system. In Victory Processing v. Fox, the state argued that it had a compelling interest in prohibiting robocalls to nonconsenting parties; the plaintiff had argued, among other things, that residential privacy was not a compelling interest. New Jersey Governor Phil Murphy signed Executive Order Number 2 on January 16, 2018, which includes a Code of Conduct for the Governor. The Code of Conduct generally prohibits gifts to the Governor, with several significant exceptions. This appears to be similar to Governor Christie’s Executive Order on the same subject. WEEK OF FEBRUARY 9, 2018 Latest Developments: Oakland Public Ethics Commission met Monday (2/5/18). The Lobbyist Registration Subcommittee of the Commission approved a revised Lobbyist Registration Guide for 2018, which is the first update in 10 years. The guide is now available on the Commission’s website. The updated guide includes changes to the city’s ordinance and definitively states that, “’Grassroots lobbying’ is not covered by the Act.” Fair Political Practices Commission meets next Thursday (2/15/16). Among the items slated for discussion:
The Commission also provides notice that it will take up the following regulations in the near future:
South Dakota Campaign Disclosure (2/5/18): The Governor signed HB 1003 revising certain provisions concerning the content of the campaign finance disclosure reports. It is effective immediately. Tallahassee, Florida Gift Prohibition (1/31/18): The City Commission passed an Amendment to its Ethics Ordinance that, among other things, prohibits the solicitation of gifts from city contractors, lobbyists, or lobbyist employers to public officials and prohibits acceptance of those types of gifts if they exceed $100 in value. The ordinance is effective immediately. In case you missed it: Lobbyist Sexual Harassment in California: On February 6, 2018, Assembly Member Levine introduced AB 2055 to prohibit lobbyists from engaging in sexual harassment and authorize the Fair Political Practices Commission to ban a lobbyist from lobbying for up to 4 years for doing so. Oklahoma Ethics Commission submitted its statutory changes for 2018 on February 6, 2018 to the state legislature. The Oklahoma Ethics Commission has an unusual state constitutional power to promulgate rules that become statutes unless the state legislature vetoes those rules before it adjourns on May 25, 2018. The proposed changes affect campaign reporting, revolving door provisions, and compliance provisions. Citizens United, revisited: U.S. News & World Reports tells us that a Washington D.C.-based group, Equal Citizens, hopes to use a matter arising in Alaska to overturn Citizens United. Save the dates…. Wednesday, September 5, 2018. Client Best Practices Workshop: Prior to PLI Corporate Political Activities Conference in Washington, D.C. Research for clients…. Nielsen Merksamer clients receive updates on changes in the law through the Client Portal. Which of the following statements about state regulation of lobbyists and interest groups are accurate quizlet?Which of the following statements about state regulation of lobbyists and interest groups are accurate? There are strict limits on the costs of gifts that can be given by a lobbyist to a state-elected or legislative official.
Which of the following statements is consistent with the concept of pluralism quizlet?Which of the following statements are consistent with pluralist theory? -The political system is best understood as a marketplace in which multitude of interest compete.
What is one reason it is difficult to lobby the executive branch in California?- California's seven statewide elected administration offices make it difficult for interest groups to coordinate lobbying activities. - Interest groups find it more difficult to lobby members of the executive branch because state campaign finance laws prohibit contributions to executive branch candidates.
Which of the following is the best definition of pluralism quizlet?Which of the following is the best definition of pluralism? a multitude of groups compete for and share power at any given time.
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