Tag Archives: disclosure

Avoiding State and Local Lobbying Compliance Violations

Corporate legal and compliance departments are usually well aware of the laws regulating lobbying the federal government. Recent news reports, however, indicate that companies have more trouble with state and local lobbying laws. A few features of state and local lobbying make it a tricky blind spot. This increases the risk of failing to properly … Continue Reading

California AG Becerra Hints at Crackdown on Nonprofit Political Activity

Nonprofits that are active in California politics, already facing one of the most complex regulatory environments in the country, now have another thing to worry about: the state’s Attorney General.  In remarks Wednesday, Attorney General Xavier Becerra announced his intent to pursue nonprofit organizations that he believes “abuse” their nonprofit status for political purposes.  With the … Continue Reading

Corporate Political Disclosure Fight Shifts to Mutual Funds

Corporate political disclosure activists this week launched a new tactic in their fight to pressure companies to publicly disclose information about their political and lobbying activities. For more than a decade, public pension funds and others have aggressively pushed shareholder resolutions that call on public companies to self-disclose information about contributions to trade associations and … Continue Reading

2016 GAO Annual Lobbying Disclosure Act Compliance Report Issued

On Friday, the Government Accountability Office (“GAO”) released its tenth annual report on compliance with and enforcement of the federal Lobbying Disclosure Act (“LDA”).  The report summarizes the results of GAO’s random audits of lobbyists’ quarterly LD-2 activity reports and semi-annual LD-203 contribution reports, and provides a snapshot of the current enforcement environment. There are a … Continue Reading

New Report Calls Out Corporate Political Disclosure “Basement Dwellers”

A report published today criticizes companies that refuse to disclose information about their political spending on their websites.  The non-profit Center for Political Accountability and the Zicklin School at Wharton annually rank all companies in the S&P 500 on their political disclosure practices, based on a 70-point metric.  The more information companies disclose on their … Continue Reading

Expanded March 30 Filing Enhances Pay-to-Play Disclosure, Highlights Penalties for New Jersey Government Contractors

New Jersey is well-known for having strict, comprehensive, and complex pay-to-play laws.  Two new changes to an annual pay-to-play filing required of some government contractors will only enhance that reputation. State law requires a company that receives $50,000 annually through government contracts in New Jersey to file a report by March 30 of the following … Continue Reading

California Regulation, Proposed Statute Add to State’s Reputation for Complex, Detailed Disclosure

California is already home to some of the most complicated and searching political regulations in the country, especially in its efforts to expose “dark money” and other undisclosed political spending.  A newly-amended lobbying regulation and proposed campaign finance law will enhance that reputation.  The practical effect of each is to invite deeper scrutiny of not … Continue Reading

Congressional Spending Bill Shuts Down Key Goals of Campaign Finance Reform Community

A major spending bill posted late last night by Congressional leaders contains provisions shooting down two key initiatives of the campaign finance reform community.  Stymied by a Federal Election Commission that has increasingly struggled to find consensus, campaign finance activists in recent years have turned their attention to other federal regulators, pressing those regulators to … Continue Reading

New Campaign Finance, Lobbying, and Ethics Laws Take Effect

The New Year brings with it new laws governing campaign finance, lobbying, and ethics. Below we highlight some of the major state and federal laws that took effect on or around January 1. This is not intended to be an exhaustive list, but highlights some of the most significant changes that are new for 2015.  … Continue Reading

Despite House Ethics Rule Change, Privately Funded Travel Still Publicly Disclosed

National Journal reported today that the House Ethics Committee quietly scrapped “decades of precedent” requiring Members of the House of Representatives and certain senior staff to disclose privately funded travel on annual financial disclosure forms. Despite this change, travel costs still must be disclosed.  Under the current House travel rules, Members of the House and … Continue Reading

Florida Clarifies Registration Requirements for Federal and Out-of-state PACs

New guidance from the Florida Bureau of Election Records will be useful to federal PACs and other non-Florida political entities that want to participate in Florida politics but were wary of the state’s registration and reporting requirements.  Under the new guidance, available on page 34 of the Florida Political Committee Handbook: Out-of-state and federal entities … Continue Reading

Virginia Enacts New Gifts and Ethics Legislation

The Virginia General Assembly passed new ethics legislation on Wednesday to little fanfare.  Legislators voted unanimously to adopt the new law with Governor Terry McAuliffe’s technical amendments.  We previously blogged about the law’s major provisions.  The law supplements the much stricter executive order limiting gifts to the executive branch, signed by Governor McAuliffe in January.  … Continue Reading

After McCutcheon, Are Limits on Party Committee and PAC Contributions Justifiable?

The Supreme Court’s latest major campaign finance decision, McCutcheon v. FEC, “does not involve” a challenge to current limits on contributions to political party committees and PACs, which the Court “previously upheld as serving the permissible objective of combatting corruption.”  But it nonetheless provides fodder for those who would challenge party and PAC limits. The … Continue Reading

Activist Investors Announce Submission of Political Spending Shareholder Proposals to 48 Companies

A coalition of 60 investors, led by the AFSCME Employees Pension Plan and Walden Asset Management, recently announced that they have submitted shareholder proposals seeking additional disclosures regarding political spending and lobbying activities. This announcement reflects a continuing desire among these groups to obtain additional disclosures from public companies regarding lobbying and political spending, and … Continue Reading

Conflicting Signals on Finalizing the Proposed Treasury Regulations for 501(c)(4)s

Earlier today, IRS Commissioner John Koskinen, in his first appearance before the House Appropriations subcommittee on Financial Services and General Government Oversight, stated that final regulations governing political activity by 501(c)(4) social welfare organizations are unlikely to be completed before the November elections. His statement seems to differ from the White House Statement of Administration … Continue Reading

Record-Setting Enforcement by California’s Campaign Finance Regulator

California’s Fair Political Practices Commission (FPPC) is more aggressive than ever and is employing new tactics.  The FPPC’s recently-released end-of-year report detailing enforcement activities in 2013 highlights some interesting statistics that should be on the radar of every company doing business in California. Prosecutions of both “serious campaign cases” and lobbying violations were both “at … Continue Reading

Shareholders Try New Tactic in Corporate Political Disclosure Fight

This year has not been a great one for activists seeking to force corporations to increase disclosure of their political activities.  According to the Manhattan Institute’s Center for Legal Policy, average shareholder support for proposals related to political spending or lobbying declined again this year, from 22 percent to 20 percent for lobbying proposals and … Continue Reading

Washington State Increases Contribution Limits, Tweaks Lobbying Disclosure

The Washington State Public Disclosure Commission raised campaign contribution limits last week.  Effective January 5, 2014, corporations, PACs, and individuals will be able to donate $950 per election to legislative candidates and $1,900 per election to gubernatorial and other statewide candidates.  A primary and general election are considered separate elections for contribution limit purposes.  A … Continue Reading

D.C. Council Passes Campaign Finance Legislation

After extensive legislative deliberation over the past year, last week the Council of the District of Columbia unanimously approved a campaign finance reform bill which aims to tighten up rules around LLC contributions and promote fundraising transparency.  Notably, the D.C. Council had contemplated inserting pay-to-play restrictions in the campaign finance bill, but ultimately removed any … Continue Reading

The Federal Shutdown and the FEC: The Impact on Federal PACs and Other Political Committees

The federal shutdown has resulted in the furlough of all FEC employees except the Commissioners.  As with most agencies, the greatest impact on the regulated community will appear over time: On-line data will grow stale, advisory opinions will be delayed, enforcement cases will not advance.  The FEC has summarized the process here. For political committees, … Continue Reading

Agreed-Upon Permanent Injunction Releases N.J. Super PACs from Limits

As forecasted, a federal court has entered a permanent injunction that permits Super PACs in New Jersey to raise unlimited funds, pursuant to the parties’ agreement.  This resolves the suit brought by the Fund for Jobs, Growth & Security after the state’s Election Law Enforcement Commission advised the Fund in March that it was powerless … Continue Reading

OPEN Sesame or a Potemkin Village?

Twenty House Democrats yesterday introduced proposed legislation that, if enacted in its current form, would amend the Federal Election Campaign Act of 1971 to: Require corporations and labor unions which “submit[] regular, periodic reports” to their shareholders and members to include certain detailed information concerning their political spending.  That information must also be reported to the … Continue Reading
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