Compliance Notes - Vol. 7, Issue 22
RECENT LOBBYING, ETHICS & CAMPAIGN FINANCE UPDATES
Campaign Finance & Lobbying Compliance
The Federal Election Commission’s (FEC) electronic filing system was taken offline following an attempted cyber intrusion roughly one week before the November 3, 2026, midterm elections. The outage prevented campaigns and political committees from filing mandatory 24-hour and 48-hour expenditure reports, delaying public disclosure of election-related spending. According to an email obtained by Reuters, the agency temporarily shut down public-facing services in response to a “bad actor attempting to breach FEC systems.” The disruption occurred as super PACs and other groups were spending record sums in the final days of the election, limiting public visibility into late-stage campaign expenditures. (Dawn Kopecki, Reuters)
Arizona: On October 23, 2026, the Arizona Supreme Court ruled the Citizens Clean Elections Commission lacks authority to overturn a candidate’s qualification for public campaign funding after certification by the Arizona Secretary of State, but declined to halt the commission’s investigation into allegations that three candidates fraudulently obtained public funds. The case involves Risa Lombardo, Duwayne Collier and Scott Neely, who are accused of falsifying $5 qualifying contributions to obtain a combined $4.7 million in public financing. They are also subjects of a criminal investigation. The court did not resolve questions concerning the commission’s authority to investigate alleged fraud or impose penalties, including repayment of funds, leaving those issues for consideration following the investigation. (Jim Small, Arizona Mirror)
Washington: Ahead of the November 3, 2026, general election, the Washington State Public Disclosure Commission voted to suspend enforcement of a state campaign finance law limiting candidate self-funding and contributions to political committees not associated with ballot measures during the final weeks before an election. During the 21 days before a general election and seven days before a primary election, the law restricts candidates for legislative and statewide office from contributing more than $75,000 in personal funds to their campaigns and sets a $7,500 limit for local candidates. Commissioners cited concerns the restrictions may not withstand a constitutional challenge and directed agency staff not to enforce the provisions. The decision followed a 2025 complaint involving a judicial candidate’s self-funded campaign, in which the candidate’s attorneys cited the U.S. Supreme Court’s 1976 decision in Buckley v. Valeo, that struck down federal limits on candidates financing their own campaigns. The Commission’s action did not change the law itself, and individual contribution limits to candidates and expedited disclosure requirements remain in effect. (Jerry Cornfield, Washington State Standard)
Government Ethics & Transparency
Tennessee: On October 29, 2026, the Tennessee Registry of Election Finance and Tennessee Ethics Commission filed lawsuits against seven former candidates seeking payment of unpaid disclosure penalties. The defendants, George Floyd, Gregory Patrick, Layla Ward, Brittany Haynes, Jonathan Jay, Patrick Pebley and Melissa Boyd, each allegedly owe $1,000 for failing to file a required disclosure of interest statement. The state is seeking immediate payment because the deadlines to appeal the underlying administrative assessments have expired. The lawsuits followed a separate round of enforcement actions filed the previous week seeking to recover more than $33,350 in unpaid fines from other former candidates. (Cereese Blose, WKRN)
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.
