Virginia has often been referred to as the “Wild West” of politics because of its limited campaign finance and ethics laws.  The Commonwealth’s ethics laws are undergoing major changes, however, with more to come during the legislative session.

On January 11, in his second act as Governor, Terry McAuliffe signed Executive Order Number 2, which took immediate effect.  The order covers officers and employees of the Executive Branch and their families and contains three major new restrictions.  First, a covered person may not solicit any item of value from any source.  Second, a covered person may not accept any gift from a lobbyist, a lobbyist’s principal, or an employee or agent of a lobbyist’s principal.  Finally, a covered person may not accept any gift or gifts from any one source valued over $100 in the aggregate per year.  The order also creates a commission to aid in enforcement.  Attorney General Mark Herring has announced plans to implement a similar policy for his office.

Meanwhile, ethics reform continues to be a major topic in this year’s General Assembly session, where multiple bills are taking shape.  It seems likely that some ethics legislation will pass this session—the only question is its scope.  One bill with bipartisan support in the House of Delegates would impose a $250 limit on gifts from lobbyists and others with state business to state officials and their families, though it would still allow for gifts of meals and travel.  It also would create a State Ethics Advisory Commission and impose new disclosure and training requirements on some officials.

These new laws will create many difficult questions.  Lobbyists and other potential gift-givers must be wary of whether they are dealing with a covered person.  Once-acceptable favors may now be prohibited gifts, or they may fall within an exception to the rules.  Political players must be careful to stay on the right side of the law in Virginia’s new ethics era.

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Photo of Andrew Garrahan Andrew Garrahan

Andrew Garrahan represents and counsels clients at the intersection of law and politics. He guides them through both regulatory compliance issues and government investigations on matters including state and federal campaign finance, ethics, lobbying, and corruption, as well as in congressional investigations.

Andrew’s…

Andrew Garrahan represents and counsels clients at the intersection of law and politics. He guides them through both regulatory compliance issues and government investigations on matters including state and federal campaign finance, ethics, lobbying, and corruption, as well as in congressional investigations.

Andrew’s prior career in political fundraising gives him a unique perspective on the challenges faced by his clients, which include corporations, candidates, government officials, political and nonprofit organizations, and private individuals.

Andrew’s counseling and advisory practice includes:

  • guiding clients on structuring of and compliance for their state and federal lobbying and grassroots advocacy campaigns;
  • representing campaigns, Super PACs, corporations, trade associations, and individuals on the applicability of the Federal Election Campaign Act (FECA) and state campaign finance law;
  • counseling on Foreign Agents Registration Act (FARA) registration and disclosure, and its interaction with the Lobbying Disclosure Act (LDA);
  • helping companies comply with state and federal ethics laws, particularly on gifts and conflicts of interests, and domestic anticorruption; and
  • auditing corporate political law compliance practices.

Andrew’s investigations and defense work includes:

  • representing clients in Congressional investigations, including responding to letter requests and subpoenas;
  • preparing company officers and other individuals for testimony in Congressional investigative hearings;
  • defending clients in Department of Justice matters related to campaign finance, lobbying, ethics, and public corruption; and
  • representing clients before the FEC and state campaign finance, lobbying, and ethics regulators.