In-Compliance: Holtzman Vogel's February 2025 Round-Up
By: Michael Bayes, Joseph T. Burns, Jonathan L. Fahey, Matthew Petersen, and Andrew D. Watkins
In Compliance: Holtzman Vogel's Monthly Round-Up
In this issue, we cover the following:
President Trump Removes Longtime FEC Commissioner Ellen Weintraub from Agency
In a letter dated January 31, 2025, President Trump informed FEC Chair Ellen Weintraub that she is "hereby removed as a Member of the Federal Election Commission, effective immediately.” Weintraub made the letter public in the evening of February 6. On February 7, Weintraub was removed from the FEC's website and her position listed as "vacant.” In her initial comments, Weintraub questioned the President's authority to remove her in this manner, but to date she has not indicated she will take legal action.
FinCEN Beneficial Ownership Reporting Returns; Government May Further Modify Deadlines
The U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) has restarted the clock on beneficial ownership reporting after the Supreme Court stayed the Fifth Circuit's nationwide injunction on January 23 and a district court in Texas stayed its separate nationwide injunction on February 18.
President Trump Issues Executive Order Asserting New Controls Over Executive Branch Agencies
On February 18, President Trump issued an Executive Order asserting Presidential authority over all federal agencies, including the "independent regulatory agencies," which includes the Federal Trade Commission (FTC), Federal Communications Commission (FCC), the Securities and Exchange Commission (SEC), National Labor Relations Board (NRLB), and the Federal Energy Regulatory Commission (FERC), among many others.
FEC Releases Increased Contribution Limits for the 2025-2026 Election Cycle
On January 30, the Federal Election Commission (“FEC”) released increased contribution limits for the 2025-2026 election cycle. The increased limits apply to contributions from individuals and non-multicandidate PACs to federal candidates and national party committees, as well as to certain specialized accounts established by national party committees.
Fahey & Bauman: Foreign Corrupt Practices Act Gets Much-Needed Pause
Holtzman Vogel's Jonathan Fahey and Jared Bauman published an op-ed in The Washington Times discussing President Trump's temporary pause on enforcement of the Foreign Corrupt Practices Act as updated guidelines and enforcement policies are prepared.
Attorney General Bondi Refocuses FARA Enforcement
On February 5, Attorney General Bondi issued a memorandum addressing charging, plea negotiation, and sentencing policy in the new administration. The memorandum includes a brief section on enforcement of the Foreign Agents Registration Act (FARA) that signals a refocusing of FARA priorities.
New York's Highest Court Upholds the Constitutionality of State Ethics Commission
In a 4-3 decision, the New York State Court of Appeals upheld the constitutionality of New York State’s Commission on Ethics and Lobbying in Government (COELIG). The commission’s constitutionality had been challenged by former Governor Andrew Cuomo. Previously, two lower courts agreed with former Gov. Cuomo that the commission’s structure unconstitutionally vests the Governor’s executive powers in the commission.
Bill Introduced to Alter New York State Special Election Process
On February 7, 2025, a bill was introduced by New York State Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart-Cousins to dramatically alter the special election process in New York State. The proposal would allow the Governor to schedule special elections to fill vacancies in Congress on the day of the General Election.
New York Appeals Court Holds State Voting Rights Act Is Constitutional, Reversing Trial Court Ruling
On January 30, 2025, the Appellate Division Second Department handed down a decision upholding the constitutionality of the New York State Voting Rights Act (VRA). The case, Clarke v. Town of Newburgh, concerned a challenge under the state VRA to the town’s practice of electing town board members through at-large elections.
Arizona and California Publish Revised Contribution Limits for 2025-2026 Cycle
Arizona's Secretary of State published revised contribution limits for 2025-2026. Individuals may contribute up to $5,500 to statewide and legislative candidates, up $100 from last cycle.
In California, individuals now may contribute up to $5,900 per election to legislative candidates, up to $9,800 per election to statewide candidates, and up to $39,200 per election to gubernatorial candidates. The revised limits apply to the 2025-2026 election cycle.
Virginia Lawmakers Approve Legislation Banning Personal Use of Campaign Funds
Lawmakers in Virginia's House and Senate voted to broadly prohibit the personal use of campaign funds. The language adopted is substantially similar to the FEC's regulations on the use of campaign funds and personal use. If signed by Governor Youngkin, the new law would go into effect on July 1, 2026.
2025 New York State Petition Process Underway
The ballot access petition process for candidates up for election in New York State this year began on February 25, 2025. Candidates and their supporters have until April 3, 2025, to obtain the required number of signatures on designating petitions and file those petitions with the appropriate Board of Elections. The period for filing designating petitions runs from March 31, 2025, to April 3, 2025.
