In-Compliance: Holtzman Vogel's May 2025 Political Law Round-Up
By: Michael Bayes, Joseph T. Burns, Andrew D. Watkins, Rebecca Layne, Esther Nies, Karyann Parkinson, and Abigail Putnam
In Compliance: Holtzman Vogel's Monthly Round-Up
In this issue of In-Compliance, we cover the following topics:
DOJ Declines to Defend Party Coordinated Expenditure Limits Before Supreme Court, Urges Court to Invalidate Limits
On May 19, 2025, the U.S. Department of Justice (DOJ) responded to the petition for writ of certiorari filed in the Supreme Court by the NRSC, NRCC, and (now) Vice President Vance. In an unusual move, DOJ has sided with the petitioners and urges the Supreme Court to take the case and hold that the Federal Election Campaign Act’s limits on “party coordinated expenditures” (i.e., spending by political party committees in coordination with their candidates) is unconstitutional.
Trump Executive Order Addresses “Overcriminalization in Federal Regulations”
On May 9, President Trump issued an executive order to address “overcriminalization in federal regulations” by “eas[ing] the regulatory burden on everyday Americans and ensur[ing] no American is transformed into a criminal for violating a regulation they have no reason to know exists.”
U.S. House Reactivates the Office of Congressional Conduct
On May 13, appointments to the Office of Congressional Conduct (OCC) were announced, allowing the panel to get back to work. Known as the Office of Congressional Ethics when it was created in 2008, the OCC receives ethics complaints from the public and is empowered to investigate and refer matters to the House Ethics Committee.
Department of Labor Revises Standard Used to Distinguish Employees and Independent Contractors
On May 1, the U.S. Department of Labor’s Wage and Hour Division announced that it would no longer follow a 2024 rule approved by the Biden Administration revising the standards for distinguishing between an independent contractor and employee under the Fair Labor Standards Act. As a result, employers will need to reevaluate the “economic realities” of their relationships with contractors and employees to determine whether they are properly classified as one or the other.
Cuomo and Adams Face Off with NYC’s Campaign Finance Board
As New York City’s 2025 mayoral race intensifies, two of its most high-profile contenders—former Governor Andrew M. Cuomo and Mayor Eric Adams—are entangled in separate battles with the New York City Campaign Finance Board over the disbursement of public matching funds.
New Maryland Law Requires Future Governors to Divest or Place Interests in Ethics Commission-Approved Blind Trusts
Maryland Governor Wes Moore signed legislation requiring future governors to place certain interests into a blind trust or divest interests that may pose a conflict of interest.
West Virginia Adopts Voter ID Requirement
On May 1, 2025, West Virginia Governor Patrick Morrisey signed legislation requiring voters to present photo identification prior to voting. Effective July 11, 2025, a voter must present an acceptable form of identification to the poll clerk.
New York’s Appellate Division, Fourth Department Upholds Even Year Election Law
New York’s 2023 law moving most local elections in New York State to even years was unanimously upheld by the Appellate Division, Fourth Department. Under the provisions of the law, local officials, at their next election, will run for a term of one or three years if they would normally run for a term of two or four years, respectively. That shortened term would then be followed by elections for full length terms. Elections for city officials, judges, county clerks, county sheriffs, and district attorneys are exempted from the change.
New York State Budget Makes Changes to Public Campaign Finance Program
As part of the recently approved state budget, the New York state legislature voted to make significant changes to the state’s public campaign finance program.
Holtzman Vogel Launches State Attorneys General Practice Group, Tapping Deep Bench of Veterans as Go-To Firm for High-Stakes Matters
In May, Holtzman Vogel announced the formal launch of its State Attorneys General Practice Group. The formal launch of the group reflects our firm’s continued growth and its national expertise in state related policy, regulation, and investigatory matters.
