Compliance Notes - Vol. 5, Issue 36
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
On November 26, 2024, the Federal Election Commission (FEC) published in the Federal Register a Notification of Availability of a Petition for Rulemaking in response to a Petition filed by Texas Attorney General Ken Paxton. The Petition asks the FEC to amend regulations concerning the use of credit cards to make contributions, addressing the potential use of prepaid cards to circumvent contribution amount limitations and source prohibitions. The FEC seeks comment on the notice and the deadline for comments is January 27, 2025. (FEC Press Release & REG 2024-08 (Untraceable Electronic Payment Methods))
California: At its November 21, 2024, meeting, California Fair Political Practices Commission staff announced adjustments to gift and contributions limits that will go into effect January 1, 2025. The new gift limit will be $630 per calendar year. During the same meeting, the Commission approved new Form 463, which requires disclosure of the use of campaign funds for security expenses in response to Assembly Bill 2041 (Bonta). (FPPC November 2024 Agenda, (Staff Memo: Cost-of-Living Adjustment & Staff Memo: Campaign Form 463)
Missouri: The trustees of Missouri’s largest state employee retirement system voted Thursday, November 21, 2024, to prohibit using pension funds for political contributions. The Missouri State Employees Retirement System board, responding to donations made this year by two smaller systems, made it the executive director’s responsibility to ensure money doesn’t flow into campaigns for ballot measures or candidates. State Rep. Dirk Deaton, a Republican from Noel, Missouri,who is one of four legislators on the 11-member board, said he intends to introduce legislation for the upcoming session to ban political contributions by all pension systems. The legislation, he said, will mirror the policy adopted Thursday by the trustees and be similar to the law barring political subdivisions from using public money for political purposes. (Rudi Keller, Missouri Independent)
Government Ethics & Transparency
Alaska: Alaska Lt. Gov. Nancy Dahlstrom said Monday, December 2, 2024, she intends to recount a narrowly-defeated ballot initiative to repeal ranked choice voting and open primaries. After a final ballot count the week of November 25, 2024, Ballot Measure 2 was defeated 49.9% to 50.1%. The repeal effort failed by 664 votes. Under Alaska law, the state will pay for a recount in races where the margin is less than 0.5%. Ballot Measure 2 is within that margin. Kelly Howell, a spokesperson for the lieutenant governor’s office, said by email there has been no evidence of fraud found from the November 5, 2024 election. (Sean Maguire, Anchorage Daily News)
New Mexico: Following a state auditor’s report, the State Ethics Commission launched its investigation into questions plaguing Western New Mexico University (WNMU) regarding taxpayer-funded worldwide trips and high-end furniture. State Auditor Joseph Maestas announced on November 19, 2024 that his office’s Special Investigations Division found more than $363,000 in extravagant spending on travel and lodging by university officials and improper use of credit cards and expense accounts. Investigators also noted that the university had provided expense accounts and purchasing cards to a “non-university employee.” Maestas confirmed the reference was to WNMU President Joseph Shepard’s wife, Valerie Plame, a former covert CIA operations officer and unsuccessful congressional candidate. The Ethics Commission will treat the auditor’s report as an “informal complaint,” Deputy Director Amelia Bierle wrote in an email to Maestas. (Daniel J. Chacón, The Santa Fe New Mexican)
