Compliance Notes - Vol. 6, Issue 2
RECENT LOBBYING, ETHICS & CAMPAIGN FINANCE UPDATES
Campaign Finance & Lobbying Compliance
Georgia: The voting rights group founded by Democrat Stacey Abrams and its affiliated action fund were fined $300,000 on January 14, 2025, for violating Georgia campaign finance laws in 2018 and 2019. The nonprofits admitted to violating Georgia campaign finance laws by spending more than $3 million to support Abrams and the Democrat ticket in the 2018 election and spending more than $600,000 on a local ballot initiative election in 2019. In both elections, the group spent money trying to persuade voters through its nonprofit, but state officials deemed that under state law, an independent committee should have done its election work. Similar to a super PAC in a federal election, such a committee would have had to file financial disclosure reports regularly, unlike a nonprofit, which can keep most of its spending and donors secret. (Brittany Gibson, Axios)
Government Ethics & Transparency
Among the wave of executive orders President Trump signed on his first day of his second term in office was a package of “Initial Rescissions of Harmful Executive Orders and Actions.” This EO, which revoked dozens of Biden-era executive actions, including an enhanced ethics package applicable to executive branch appointees that strengthened existing revolving door restrictions on former government officials registering to lobby or working as a foreign agent and cracked down on so-called shadow lobbying by senior administration officials. The “Ethics Pledge” in former president Biden’s Executive Order 13989 banned former appointees from registering to lobby until the end of his administration or for two years (whichever is later) and extended an existing ban on officials communicating with their former agency to include senior White House staff and lengthened it from one year to two. Trump issued a similar ethics pledge during his first term and revoked those rules on his last day in office. Trump, however, has yet to issue new restrictions for his appointees. (Caitlin Oprysko, POLITICO & Executive Order: Initial Rescissions of Harmful Executive Orders and Actions)
Oklahoma: The week of January 12, 2025, the Oklahoma Ethics Commission disclosed State Superintendent of Public Instruction Ryan Walters is being investigated over whether certain posts on social media and certain comments on issues mostly concerning then President-elect Donald Trump, violate ethics rules about the use of state money, property or time. The Commission disclosed its latest investigation of Walters when members voted 5-0 to authorize the Commission’s executive director to “pursue prosecution in district court.” Walters is accused of violating Ethics Rule 2.12, which deals with material posted by elected state officials indicating positions on issues, and Ethics Rule 2.16, which deals with the use of a social media account by a state officer. Those rules have long faced applicational uncertainty as social media use has expanded among state officials. Walters, who is halfway through his four-year term as state superintendent, did not respond to requests for comment on the Ethics Commission’s investigations before the article’s publication. (Michael McNutt & Sasha Ndisabiye, NonDoc)
Ballot Measures & Legislation
Wisconsin: Assembly Republicans voted Tuesday, January 14, 2025, to advance a proposal that would enshrine Wisconsin’s existing voter identification law into its state constitution. This all but ensures the question will move to voters to consider on their April 1, 2025 ballots. The resolution to set up the statewide referendum was approved in both houses of the Legislature along party lines, reflective of an ongoing partisan battle over whether voters should be required to show photographic ID to cast ballots. Republicans say it makes voting more secure, while Democrats say it creates a hurdle to voting. In Wisconsin, constitutional amendments must pass two consecutive legislative sessions and then be approved by voters. They are not subject to a governor’s veto. Since the identical voter ID resolution passed the Legislature for the first time last session, it heads next to voters. (Anya van Wagtendonk, WPR & SJR 2: VOTER IDENTIFICATION (SECOND CONSIDERATION)
We read the news, cut through the noise and provide you the notes.
Compliance Notes from Nossaman’s Government Relations & Regulation Group is a periodic digest of the headlines, statutory and regulatory changes and court cases involving campaign finance, lobbying compliance, election law and government ethics issues at the federal, state and local level. Our attorneys, policy advisors and compliance consultants are available to discuss any questions or how specific issues may impact your business. If there is a particular subject or jurisdiction you’d like to see covered, please let us know.