Compliance Notes - Vol. 5, Issue 33
RECENT LOBBYING, ETHICS & CAMPAIGN FINANCE UPDATES
We read the news, cut through the noise and provide you the notes.
Welcome to Compliance Notes from Nossaman’s Government Relations & Regulation Group – 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.
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Campaign Finance & Lobbying Compliance
At its open meeting on October 10, 2024, the Federal Election Commission (FEC) approved an advisory opinion concluding that Congresswoman Nanette Barragán may use campaign funds to pay certain eldercare expenses to the extent that they are incurred as a direct result of her campaign activity for her own campaign. The FEC also concluded that Rep. Barragán may use campaign funds to pay certain eldercare expenses she incurs when she is traveling for official business for a Congressional Member Delegation or in Washington, DC to cast votes in Congress. (Press Release & Advisory Opinion 2024-09)
Legal experts are sounding off on tech billionaire Elon Musk’s million-dollar giveaways to voters in Pennsylvania. Musk, the world’s richest man, has pledged to give $1 million each day to registered voters in battleground states who sign a petition launched by his pro-Trump political action committee supporting free speech and the right to own firearms. Some experts say, however, the effort could run afoul of federal law that prohibits paying people to persuade them to register to vote. Federal law makes it illegal for anyone who “pays or offers to pay or accepts payment either for registration to vote or for voting.” Those who violate the law can be fined $10,000 and imprisoned for five years. Other experts say that Musk “comes out OK here” since he is paying people to sign a petition rather than to register to vote explicitly. (Isaac Avilucea, Axios subscription required) or (Jarrett Renshaw, Reuters)
Government Ethics & Transparency
Nevada: The executive director of the Las Vegas-Clark County Library District who accepted free Super Bowl tickets must implement ethics training for himself and his staff per an agreement approved by the Nevada Commission on Ethics (commission). Kelvin Watson, who received tickets to attend the Super Bowl in Las Vegas that were valued at around $8,600, was subject to an ethics complaint filed with the commission in March, 2024. Watson had asked the library district’s attorney if it was appropriate to accept the gift from the National Football League for working together on a program providing books to barbershops and the attorney cleared him. Watson also had asked for a third ticket from the NFL. The commission’s executive director said during a meeting Wednesday (October 16, 2024) that Watson fell under a safe harbor provision in the ethics law because he had sought counsel’s advice. However, even if that attorney’s advice turns out to be incorrect, the commission is limited in the actions it can take. The commission found a non-willful violation and the parties participated in a settlement conference that resulted in a deferral agreement. (Jessica Hill, Las Vegas Review-Journal)
