Campaign Contribution Question

AK
Amanda Karras
Fri, Dec 9, 2022 2:55 PM

A member poses the following inquiry.  Please respond to me directly at akarras@imla.orgmailto:akarras@imla.org and I will forward along your response to the member.

I am wondering if any of our colleagues across the country have addressed issues regarding a law that relates to campaign contributions being made to an elected official within a certain time period (e.g., prior 18 months) by a person (e.g., an attorney, engineer, consultant, client representative, etc.) who represents a land use matter before a local governmental body, the result of which the elected official who received the contribution would be forced to recuse themself from debating or voting on the land use matter when it comes before the local government body for approval.

Furthermore, the law provides that if a local government Executive receives a campaign contribution within a certain time period from a person (e.g., an attorney, engineer, consultant, client representative, etc.) who represents a land use matter before the local governmental body, the Executive and all political appointees thereof would be forced to recuse themselves from any official act relating to the land use  matter.

Note that these limitations pertain to only land use matters (not, e.g., an environmental, educational, or other matter). Also, presume that the campaign contribution is otherwise legal and complies with all contribution limitations and disclosure requirements.

I am wondering if anyone has experience with issues like this relating to campaign contributions and/or have an opinion on the constitutionality/legality of such limitations imposed as a result of an otherwise legal campaign contribution.

Amanda Kellar Karras
Executive Director / General Counsel
Direct Phone: (202) 742-1018
IMLA Main: (202) 466-5424
Email: akarras@imla.org
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A member poses the following inquiry. Please respond to me directly at akarras@imla.org<mailto:akarras@imla.org> and I will forward along your response to the member. I am wondering if any of our colleagues across the country have addressed issues regarding a law that relates to campaign contributions being made to an elected official within a certain time period (e.g., prior 18 months) by a person (e.g., an attorney, engineer, consultant, client representative, etc.) who represents a land use matter before a local governmental body, the result of which the elected official who received the contribution would be forced to recuse themself from debating or voting on the land use matter when it comes before the local government body for approval. Furthermore, the law provides that if a local government Executive receives a campaign contribution within a certain time period from a person (e.g., an attorney, engineer, consultant, client representative, etc.) who represents a land use matter before the local governmental body, the Executive and all political appointees thereof would be forced to recuse themselves from any official act relating to the land use matter. Note that these limitations pertain to only land use matters (not, e.g., an environmental, educational, or other matter). Also, presume that the campaign contribution is otherwise legal and complies with all contribution limitations and disclosure requirements. I am wondering if anyone has experience with issues like this relating to campaign contributions and/or have an opinion on the constitutionality/legality of such limitations imposed as a result of an otherwise legal campaign contribution. Amanda Kellar Karras Executive Director / General Counsel Direct Phone: (202) 742-1018 IMLA Main: (202) 466-5424 Email: akarras@imla.org [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2023 Mid-Year Seminar<https://imla.org/seminars/>, April 21-24, 2023 in Washington, D.C.! IMLA's 2023 Annual<https://imla.org/annual-conference/> Conference, Sept. 27-Oct. 1, 2023 in La Quinta, CA! Check out our On-Demand webinar library<https://netforum.avectra.com/eweb/shopping/shopping.aspx?site=imla&webcode=shopping&cart=0&shopsearchCat=Merchandise&productCat=Webinar> with 100+ webinars at your fingertips!