Compliance Notes - Vol. 5, Issue 20

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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.

Please enjoy this installment of Compliance Notes.


Campaign Finance & Lobbying Compliance

Georgia: Last Tuesday, May 7, 2024, Gov. Brian Kemp (R) vetoed legislation that would have required foreign nationals conducting business in Georgia to register with the State Ethics Commissioner and would have banned non-U.S. citizens from donating to Georgia state candidates or political committees. In his veto statement, the governor noted that federal law already bans foreign contributions, and the additional registration requirements included in the measure were “unintended” by the bill’s sponsor. The day before the legislation was vetoed, Secretary of State Brad Raffensperger (R) made a case for the bill in an op-ed that called it the “backbone of the most critical election security improvements that could take place before this major election.” (Greg Bluestein, Atlanta Journal-Constitution)


Government Ethics & Transparency

New Jersey: Jury selection began in the corruption trial of Sen. Bob Menendez (D-N.J.), who faces sixteen charges, including bribery, fraud, obstruction and acting as a foreign agent. Federal prosecutors allege Menendez used his position to enrich his wife and three businessmen, as well as the government of Egypt. In exchange, prosecutors said he accepted “hundreds of thousands of dollars of bribes” in the form of cash, gold bars and a Mercedes-Benz convertible. In the wake of the initial indictment in September, Menendez resisted calls to resign and insisted that he would be exonerated. (Ivana Saric, Axios)

New York: The future of state ethics is in jeopardy after a state appellate court upheld a lower court decision finding that New York’s Commission on Ethics and Lobbying in Government (COELIG) is unconstitutional. In a 5-0 ruling, a mid-level appellate panel of judges ruled the oversight board was unconstitutional because its enactment violated the separation of powers. COELIG’s executive director and its chair issued a joint statement condemning the court’s decision and explaining that they are reviewing all options. (Rebecca C. Lewis, City & State New York


Voting & Elections

Alabama: Gov. Kay Ivey (R) signed Senate Bill 186 on Friday, May 10, 2024, which prohibits ranked-choice voting from being used in Alabama in local, state and federal elections. Alabama lawmakers are trying to get ahead of a trending option for voters to select public officials through a preferential ballot. Instead of voting for a single candidate, ranked-choice voting offers voters a choice of candidates to rank in order of preference. The bill passed unanimously in the Senate–and passed in the House of Representatives along party lines–with Democrats opposing the bill. Gov. Ivey said blocking the voting method “ensures the integrity of Alabama elections.” The law will take effect October 1, 2024. (Jacob Holmes, Alabama Political Reporter & Bill Text – SB 186)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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