RECENT LOBBYING, ETHICS & CAMPAIGN FINANCE UPDATES
Campaign Finance & Lobbying Compliance
On February 13, 2025, the Federal Election Commission (FEC) made public an advisory opinion request from the Democratic Party of Puerto Rico, which asked to be recognized as a state committee of a national political party. The FEC will accept written comments on the request during the 10-day period following the request’s publication (no later than February 24, 2025) and must issue a response no later than 60 days after the receipt of the complete request, that is, by April 4, 2025. (FEC News Release & Request: AO 2025-02)
Greenland’s parliament passed a bill on February 4, 2025, that bans political parties from receiving contributions “from foreign or anonymous contributors” after U.S. President Donald Trump expressed his wish for the United States to take over the vast and mineral-rich Arctic island that belongs to Denmark. According to a translation of a Danish parliamentary document outlining the measure, the bill aims to protect “Greenland’s political integrity” and will take effect immediately. A senior legal officer at Greenland’s parliament, Kent Fridberg, told The Associated Press he did not know whether any foreign donors had contributed to Greenland’s political parties and the idea for the bill was “basically a preventative measure.” (AP News)
Government Ethics & Transparency
U.S. President Donald Trump signed an executive order directing the Department of Justice (DOJ) to pause prosecutions of Americans accused of bribing foreign government officials while trying to win or retain business in their countries. Trump’s order pauses enforcement of the nearly half-century-old Foreign Corrupt Practices Act (FCPA) and directs Attorney General Pam Bondi to review current and past actions related to the law and prepare new guidelines for enforcement. The law, enacted in 1977, prohibits companies that operate in the United States from bribing foreign officials. Over time, it has become a guiding force for how American businesses operate overseas. Anti-corruption watchdog Transparency International said the FCPA made the United States a leader in addressing global corruption. However, according to a White House factsheet, the law makes American companies less competitive since “U.S. companies are harmed by FCPA over-enforcement because they are prohibited from engaging in practices common among international competitors, creating an uneven playing field.” Trump’s directive calls for “revised, reasonable enforcement guidelines” from the DOJ that will not hamper American firms competing abroad, the factsheet added. (Steve Holland & Nandita Bose, Reuters & Executive Order: February 10, 2025)
Kansas: The House Elections Committee approved a package of campaign finance reforms arising from disputes about Kansas’ definition of a political action committee, coordination among PACs and candidates and contributions given by a person in the name of another. The Kansas Governmental Ethics Commission, which would be renamed the Kansas Public Disclosure Commission in the bill, has engaged for several years in political and legal battles with Kansas attorneys representing activists who bristled at vague language in state election statutes and challenged the constitutionality of the nine-member commission’s interpretation of laws. Josh Ney, who has represented Kansans in election lawsuits in state and federal court, told legislators that the bill would bring Kansas into constitutional compliance by compelling the commission to apply new standards to determining what level of advocacy equated to the operation of a PAC and sorting out issues of coordination among PACs and candidates. According to Kaitlyn Bull-Stewart, general counsel to the state Governmental Ethics Commission, the goal was to foster public trust in state government and an integral part of that mission was the transparent disclosure of campaign finance data. (Tim Carpenter, Kansas Reflector)
Ohio: The U.S. Court of Appeals for the Sixth Circuit upheld former Cincinnati City Councilman P.G. Sittenfeld’s convictions on federal bribery and attempted extortion charges. In a 2-1 opinion, the court acknowledged that the Sittenfeld case was difficult since the line between lawful political solicitations and bribery was “blurrier” than in a prosecution against a politician for using contributions for personal use. Sittenfeld accepted donations to a political action committee in exchange for his promise to support a property development project. He did not accept money directly. The opinion says Congress and the U.S. Supreme Court “have entrusted juries with discerning between legitimate campaign donations and illegitimate bribes.” Even so, the court said the jury in Sittenfeld’s 2022 trial found that he “solicited or accepted campaign donations, in exchange for his promise to support” the project. The 6th Circuit appears to want the U.S. Supreme Court to take the case. (Kevin Grasha & Sharon Coolidge, Cincinnati Enquirer (subscription required), United States v. Sittenfeld, (6th Cir., February 11, 2025) & WCPO9 Cincinnati)
