With Election Day fast approaching, corporations face increasing pressure from both internal and external forces to make legal decisions about political activities. This can be a fraught area of law, with little understood, highly technical regulatory issues that vary significantly across jurisdictions. Corporate counsel should be mindful of common—and sometimes complicated—political law traps. In this
Headed to Milwaukee or Chicago this Summer? Political and Governmental Ethics Rules at the 2024 National Party Conventions
The Democratic and Republican National Party Conventions are a premiere forum for businesses and trade groups to elevate their priorities to candidates, elected officials, and staff. However, thanks to a complex regulatory regime, participation in convention events can invite scrutiny and legal trouble. The Republican Convention is scheduled to take place in Milwaukee from July
California Passes New Pay-to-Play Regulations for Contributions by Government Contractors and Others
California recently passed a series of new regulations affecting its “pay-to-play” laws that limit political contributions by state and local government contractors and others involved in proceedings on contracts, licenses, permits, and other “entitlements for use” in the state. These regulations implement changes to the law that took effect this year, which include applying the
What You Need to Know about the FEC’s New Internet Communications Disclaimer Rules
Political committees, advertisers, and advertising platforms have operated under a cloud of uncertainty regarding which disclaimers, if any, must appear on internet-based advertisements. Existing Federal Election Commission (“FEC”) regulations and guidance left many unanswered questions about the disclaimers required for these increasingly important internet ads. The FEC has finally offered some clarity in this area
When is a Treasurer Personally Liable for PAC Violations?
The Federal Election Commission (“FEC”) recently answered a common question for those involved in operating a federal PAC: When is the treasurer personally liable for violations of the rules on recordkeeping and reporting? In doing so, the FEC highlighted the importance of external oversight of PAC operations, and the value of periodic audits of the
California Raises Campaign Contribution and Gift Limits for 2023-2024
The California Fair Political Practices Commission (FPPC) adopted on Thursday higher political contribution limits and public officer gift limits for the 2023-2024 political cycle. The new limits take effect on January 1, 2023.
Contribution Limits
Under the new limits, an individual, business entity, or committee/PAC can contribute $5,500 per election to candidates for state legislature
New York Commission on Ethics in Lobbying and Government Takes Over as State’s Lobbying and Ethics Regulator
The newly-established New York Commission on Ethics in Lobbying and Government recently took over as the state’s regulator of lobbying and government ethics, replacing the old Joint Commission on Public Ethics. This change in the enforcer and a new group of commissioners could spell more rigorous enforcement of the state’s lobbying disclosure and ethics rules.
FEC Commissioners Issue New Guidance on Donor Disclosure for Groups Paying for Political Advertisements
Trade associations, 501(c)(4) social welfare organizations, other outside groups that pay for political advertisements, and their donors now have more answers to long-running questions regarding when donations to these groups are publicly reportable. After postponing consideration of the issue during its previous meeting, the Federal Election Commission (“FEC”) approved Wednesday an interim final rule on
GAO Report Highlights Trends in Lobbying Disclosure Act Compliance and Enforcement
The 2021 report from the Government Accountability Office (“GAO”) offers new details on the landscape of Lobbying Disclosure Act (“LDA”) compliance and enforcement. The report is based on random audits of lobbyists’ filings and analysis of enforcement by the U.S. Attorney’s Office for the District of Columbia (“USAO”).
The report included several trends GAO identified
New California Rules Target Amplification of Online Advertising
In the digital age, it has become common to accuse opponents of propping up their online presence through paying influencers, buying followers or likes, or of being supported by bots. A California law new this year is looking to shed light on at least some of that activity.
The California Fair Political Practices Commission recently