Compliance Notes - Vol. 7, Issue 21
RECENT LOBBYING, ETHICS & CAMPAIGN FINANCE UPDATES
U.S. Supreme Court Election Law Developments
FCC v. Brown: On October 14, 2026, the U.S. Supreme Court blocked a Fourth Circuit order directing the Federal Communications Commission (FCC) to issue a final decision within 48 hours on a challenge to the Media Bureau’s guidance extending preferential broadcast advertising rates to party-coordinated advertisements and joint fundraising committees. The Court found the Fourth Circuit improperly intervened in the FCC’s ongoing administrative proceedings. The ruling removes the expedited deadline, likely delaying resolution of the dispute until after the November 2026 election. (Michael Macagnone, Roll Call)
Campaign Finance & Lobbying Compliance
Elon Musk and his political action committee, America PAC, have agreed to settle two proposed class-action lawsuits over a $1 million daily giveaway conducted ahead of the 2024 presidential election. The lawsuits, brought by Arizona residents, allege the giveaway misled registered voters in seven battleground states into signing a petition supporting the U.S. Constitution by falsely representing the prize recipients as randomly selected. The parties notified a federal court in Texas of the agreements on October 15, 2026. The settlements remain subject to court approval, and their terms have not been publicly disclosed. Musk and America PAC deny the allegations. (Mike Scarcella, Reuters).
Arizona: The Arizona Supreme Court will consider whether the Citizens Clean Elections Commission has authority to challenge candidates’ eligibility for public campaign financing and require repayment of improperly obtained funds. On October 15, 2026, the court agreed to review a lawsuit brought by Green Party candidates Risa Lombardo and Duwayne Collier, who are accused of falsifying $5 qualifying contributions to obtain a combined $3.7 million in public funds. The candidates contend only the secretary of state can certify the eligibility for public financing and that allegations of fraud should be addressed in criminal court. The commission maintains its authority under the Clean Elections Act extends to investigating whether candidates fraudulently qualified for public campaign financing. (Caitlin Sievers, AZ Mirror)
Elections
Ohio: On October 14, 2026, U.S. District Judge Benita Pearson rejected Ohio Supreme Court Justice Jennifer Brunner’s constitutional challenge to a 2021 state law requiring political party affiliations to appear on general-election ballots for Ohio Supreme Court and appellate judicial candidates. Brunner argued the law compelled her to promote a political party and conflicts with judicial ethics. The court rejected her argument finding the ballot designation accurately reflected her political party affiliation and did not compel candidates to engage in political speech. Pearson also cited the proximity to the November 3, 2026, General Election and the risk of disrupting election administration in denying the challenge. (Mike Gauntner, WFMJ)
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.
