David Shaw

David Shaw

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DuPage County (Illinois) Board Repeals Self-Imposed Pay-to-Play Restrictions

The Daily Herald reported that last Tuesday suburban Chicago DuPage County repealed previously adopted county-specific pay-to-play rules.  In 2010, DuPage County enacted a county ordinance prohibiting any “officer,” including county board members, from soliciting or accepting campaign contributions in excess of $1,000 from any person or entity seeking an official action or doing business with … Continue Reading

Treasury Inspector General to IRS: Yes, That Was Wrong

Late yesterday afternoon, the Treasury Inspector General for Tax Administration released its eagerly awaited report on its investigation into the IRS’s use of inappropriate criteria for screening tax-exempt applications (“IG Report”). The Inspector General initiated its investigation after members of Congress raised concerns during the 2012 election cycle that the IRS was selectively enforcing the … Continue Reading

New Maryland Campaign Finance Law

Last Thursday, Maryland Governor Martin O’Malley signed a new campaign finance law.  Among other provisions, the law requires disclosure of contributors to independent expenditure and electioneering groups.  The new law, which generally goes into effect in 2015, will require disclosure of the identity of any person contributing $6,000 or more to independent expenditures or independent … Continue Reading

New York State Lobbying and Ethics Rules

The Associated Press reports that New York State is poised to loosen lobbying disclosure requirements and tighten gift restrictions.  The New York State Joint Commission on Public Ethics, which has broad jurisdiction over New York state ethics and lobbying laws, has proposed new rules governing both lobbying disclosure requirements and ethical restrictions on gifts. First, … Continue Reading

The Dangers of Sua Sponte

Yesterday’s guilty pleas in the Danielczyk criminal trial leaves open an important question that campaign finance practitioners must consider closely going forward: when does the government consider a sua sponte submission itself to constitute a criminal violation, and seek to compel counsel to become a witness against their client?  As BNA first reported, the Justice … Continue Reading

Another New Jersey Pay-to-Play Law

As part of a continuing trend of New Jersey municipalities adopting local pay-to-play laws, Jersey City, NJ, has enacted an ordinance that “restricts city vendors that win no-bid contracts from donating more than $200 to the campaigns of school-board candidates and to some state Senate and Assembly candidates.”  According to NJ.com, the ordinance also restricts … Continue Reading

Poetic Ethics (Not To Be Confused with Ethical Poetry)

Last week, the Office of Government Ethics (OGE) issued a memorandum with a reminder about executive branch ethics rules governing holiday gifts and fundraising.  There is nothing unusual about guidance like this—late last month, for example, the House Ethics Committee issued one for House members and staff—but OGE’s guidance stands out for its poetic formulation: … Continue Reading

New Rules for LLPs?

At a public hearing tomorrow, the Federal Election Commission (FEC) will discuss a proposed rulemaking that would allow certain Limited Liability Partnerships (LLPs) to establish separate segregated funds (SSFs), commonly known as PACs.  If the proposed rule were ultimately to be adopted, it would create rules for LLPs that are similar to the existing rules … Continue Reading

Court Halts Enforcement of STOCK Act Against Executive-Branch Employees

Late yesterday afternoon, a federal judge temporarily enjoined enforcement of the STOCK Act against executive-branch employees.  The STOCK Act, originally enacted to prohibit insider trading by members of Congress, also requires that members of Congress, their staffs, and senior executive branch employees promptly disclose any personal transactions involving securities.  The disclosures would be published on … Continue Reading
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