On May 24, a bill was introduced in the U.S. Senate to prohibit political campaigns from using tactics that unwittingly enter donors into recurring contributions. The legislation, Senate Bill 1786, was created in response to a unanimous Federal Election Commission (FEC) legislative recommendation sent to Congress earlier this month.

Titled the “Rescuing Every Contributor from Unwanted Recurrences” (RECUR) Act, the bill amends the Federal Election Campaign Act of 1971 to ban political campaigns from using pre-checked recurring donation boxes, to create a new opt-in requirement for contributors to affirmatively consent to recurring charges, and to require political committees or campaigns to inform contributors about how to cancel recurring contributions and to cancel recurring contributions immediately upon request.

Sometime before November 16, 2021, a by-election will be announced for the seat in the House of Commons representing Haldimand–Norfolk in the province of Ontario.

On May 20, the Chief Electoral Officer of Canada, Stéphane Perrault, received official notice from the Speaker of the House of Commons that the seat for Haldimand–Norfolk (Ontario) became vacant following the resignation of Diane Finley. On May 11, Finley resigned from her seat in the House of Commons, explaining she was leaving on the same date of the death of her late husband, Senator Doug Finley. “It just seems fitting and symbolic that I also end my service and exit politics on the same date,” explained MP Finley in her press release.

Under the law, the by-election date must be announced between May 31 and November 16, 2021, and will signal the start of the by-election period. According to Elections Canada, the earliest date the by-election can be held is July 12, 2021.

On May 12, the British Columbia Office of the Registrar of Lobbyists released an updated guidance document concerning provincial entities.

The most prominent update concerns reporting when lobbying regional health authorities. The Office of the Registrar interprets health authorities to be government corporations as defined by the Financial Administration Act, and not just provincial entities. Lobbyists are required under the Lobbyists Transparency Act (LTA) to report all of their lobbying activity with health authorities because the LTA states that all officers, directors, and employees of government corporations are public office holders.

The guidance lists the provincial health authorities in British Columbia as the Northern Health Authority; the Interior Health Authority; the Fraser Health Authority; the Vancouver Coastal Health Authority; the Vancouver Island Health Authority; and the Provincial Health Services Authority.

On May 6, a unanimous Federal Election Commission (FEC) sent a message to the U.S. Congress: prohibit political campaigns from using tactics that unwittingly enter donors into recurring contributions.

As part of a package of legislative recommendations approved at its open meeting, the bipartisan commission asked Congress to amend current federal campaign finance law to require “affirmative consent” by donors if a political entity wants the donors enrolled in a program of recurring contributions.

As reported by the New York Times last month, campaigns involved with former President Donald J. Trump steered large numbers of their political contributors, without the contributors’ realization, into repeated periodic donations though prechecked boxes (for authorization) included on what many donors thought was a one-time payment form. The tactic has also been used by groups supporting Democratic candidates, including Actblue and the Democratic Congressional Campaign Committee.

In its legislative recommendation, the FEC stated “that many contributors are unaware of the ‘pre- checked’ boxes and are surprised by the already completed transactions appearing on account statements.”

The apportionment of seats for the U.S. House of Representatives, based on the newly released 2020 U.S. Census data, will soon be updated for the 118th Congress, which convenes in January 2023. On April 26, Secretary of Commerce Gina Raimondo delivered the U.S. Census population count results to President Joseph Biden for use in apportioning the seats in the U.S. House of Representatives.

Texas will gain two seats in the House, while Colorado, Florida, Montana, North Carolina, and Oregon will each gain one seat.

California, Illinois, Michigan, New York, Ohio, Pennsylvania, and West Virginia will each lose one seat.

The remaining states’ number of seats will remain the same.

The U.S. Census Bureau announced the resident population of the United States increased overall by 7.4%.

On April 27, President Joseph R. Biden signed an executive order requiring federal contractors to pay $15 per hour for employees working on or in connection with a federal government contract.

Beginning January 30, 2022, all federal agencies are required to incorporate a $15 minimum wage in new contract solicitations. By March 30, 2022, all agencies will need to implement the minimum wage into new contracts. Federal agencies are also directed to implement the higher wage into existing contracts when the parties exercise their option to extend such contracts.

Contractors and subcontractors must certify they will meet this condition requiring the minimum wage. This certification is a condition of payment to the contractors from the government.

The order applies, with certain exceptions, to any new contract; new contract-like instrument; new solicitation; extension or renewal of an existing contract or contract-like instrument; or exercise of an option on an existing contract or contract-like instrument. This order does not apply to grants; contracts, contract-like instruments, or certain specific type of agreements with Indian Tribes.

Starting January 1, 2023, the minimum wage will be adjusted annually, but not lowered, by the U.S. secretary of labor based on a consumer price index formula and rounded to the nearest multiple of $0.05. For tipped workers, the minimum wage mandated by the order is $10.50 per hour beginning January 30, 2022. Beginning January 1, 2023, tipped workers must receive 85% of the wage rate in effect for non-tipped employees, rounded to the nearest multiple of $0.05. Then beginning January 1, 2024, and for each subsequent year, tipped workers must receive 100% of the wage received by non-tipped worker, eliminating the difference between the type of workers. Adjustments must be considered by employers of tipped workers who do not receive a sufficient additional amount on account of tips to equal to the minimum wage of non-tipped workers.

If a state or municipality has a higher minimum wage, the Executive Order does not excuse noncompliance with the laws requiring the higher wage. The secretary of labor is ordered to issue regulations by November 24, implementing this order.

Today, the U.S. House of Representatives passed legislation to make the District of Columbia the 51st state of the United States of America.

House Bill 51, the Washington, D.C. Admission Act, would admit the District of Columbia into the union on an equal footing with the other states. If passed, the mayor of the District of Columbia would issue a proclamation for the first elections to Congress of two senators and one representative.

The state would consist of all District territory, with specified exclusions for federal buildings and monuments, including the principal federal monuments, the White House, the Capitol Building, the U.S. Supreme Court Building, and the federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building. District territory excluded from the commonwealth would be known as the Capital and be the seat of the federal government. The bill maintains the federal government’s authority over military lands and specified other property.

Additionally, the new state would be prohibited from imposing taxes on federal property except as Congress permits.

House Bill 51 refers to the new state’s name as “State of Washington, Douglass Commonwealth.” The bill also establishes the Statehood Transition Commission to advise the president, Congress, the District, and commonwealth leaders on the transition.

On April 19, a campaign finance bill in Ontario concerning contribution limits, political activities, and voting processes received Royal Assent.

Bill 254, the Protecting Ontario Elections Act, 2021, allows individuals to make contributions in an amount up to $3,300 per calendar year or campaign period to party and non-party candidates, leadership contestants, constituency associations, nomination contestants of a party or a constituency association of an independent member, and any one registered party. That amount will increase by $25 for each calendar year beginning on January 1, 2022.

Bill 254 enhances the law concerning collusion with third parties. Contributions from one third party to another third party for the purposes of political advertising are deemed as part of the expenses of the contributing third party.

Additionally, a third party is prohibited from trying to circumvent the rules and spending limits by splitting itself into two or more third parties, acting in collusion with another third party so that combined political advertising expenses exceed the applicable limit, and colluding with, including sharing information with, a registered party, registered constituency association, registered candidate, registered leadership contestant, or registered nomination contestant or any of their agents or employees for the purpose of circumventing the limit.

The Municipal Elections Act, 1996, is amended to provide that a registered third party may withdraw their registration by filing a written withdrawal in the clerk’s office during the time for filing a notice of registration.

The bill also allows independent members of the Assembly to endorse constituency associations, mandates the Chief Electoral Officer establish an advisory committee on voting equipment and vote counting equipment, and codifies certain administrative penalties.

Elections Canada recently published the updated limits on expenses for regulated activities of third parties involved in federal elections in Canada.

The Canada Elections Act imposes a limit on expenses a third party can incur for regulated political activities.

For the period of April 1, 2021, to March 31, 2022, a third party is prohibited from incurring overall election advertising expenses of a total amount of more than $525,700 during a general election. The previous limit was $521,850. For the same period of April 1, 2021, to March 31, 2022, a third party is prohibited from incurring election advertising expenses in a given electoral district of a total amount of more than $4,506 during a general election. The previous limit was $4,473.

Adjustments are made annually based on a formula of a base amount multiplied by the inflation adjustment factor in effect for the period.

On April 1, the United States Supreme Court unanimously decided automatic text messages sent to telephone numbers culled from a database of a sender, in this case from Facebook, and not from a system having the capacity either to store or to produce a telephone number using a random or sequential number generator, is not prohibited under The Telephone Consumer Protection Act of 1991 (TCPA).

While this decision does not apply to robocalls, it does seem to permit those in political campaigns to allow voice calls and text messages, taken from their databases, to be automatically made from technology not using a random or sequential number generator without fear of violating the TCPA.

In Facebook, Inc. v. Duguid, Noah Duguid, who had never created a Facebook account, continually received text messages from Facebook. Duguid alleged that Facebook violated the TCPA by maintaining a database storing phone numbers and sending automated text messages from that database. In a 9-0 decision, the court agreed with Facebook’s technical argument that the TCPA does not apply because the technology it used to text Duguid did not use a “random or sequential number generator.”

The TCPA was enacted to prevent the abuse of telemarketing made with an “automatic telephone dialing system” and other troublesome tactics.

Beginning on April 1 and continuing until July 31, 2021, the threshold for requiring a formal tender process in the Northwest Territories will be reduced from $25,000 to $10,000 for general goods and services.

This temporary change, being implemented by the Departments of Finance and Industry, Tourism, and Investment, is an effort to allow more territorial businesses have a “fair and equal opportunity to compete for [government] contracts by increasing transparency, and awareness of government procurement opportunities,” according to a press release by the Government of Northwest Territories.

Starting on April 1, all government purchasing above $10,000 will be processed through the public procurement process. Departments seeking goods and services estimated to be $10,000 and over will use requests for proposals or tenders.

This change was made in response to a procurement review held earlier this year with input from the government’s business development staff and the Northwest Territories’ business community.

On March 17, a comprehensive bill aimed at reforming U.S. campaign finance, lobbying, and ethics laws, and improving voter rights and election integrity, was introduced in the U.S. Senate. The sweeping bill, Senate Bill 1, For the People Act of 2021, is companion legislation to House Bill 1, which passed the House on March 3. That bill, also called the For the People Act of 2021, was received in the Senate on March 11.

The bill would require the registration as a federal lobbyist for those counseling in support of lobbying contacts; require super PACs, 501(c)4 groups and other organizations spending money in elections and on judicial nominations to disclose donors who contribute more than $10,000; and, under the definitions of the Federal Election Campaign Act, add “paid internet or paid digital communication” to the definition of public communication and add “qualified internet or digital communication” to the definition of electioneering communication.

The bill creates a reporting requirement under campaign finance laws for disclosing certain foreign contacts and creates an obligation for political committees to notify the Federal Bureau of Investigation and the Federal Election Commission of those contacts. It also prohibits foreign nationals from participating in decision-making about contributions or expenditures by corporations and other entities; prohibits the establishment of a corporation to conceal election contributions and donations by foreign nationals; and requires foreign agents to disclose transactions involving things of financial value conferred on officeholders.

The bill defines the prohibited coordination between campaigns and super PACs, includes creating a “coordinated spender” category in the law to ensure single-candidate super PACs do not operate as arms of candidates, and defines the prohibited coordination between campaigns and super PACs. The bill would repeal existing prohibitions on the Securities and Exchange Commission from finalizing rules to afford shareholders the opportunity to know about the political spending of publicly traded companies and would require shareholder authorization before a public company may make certain political expenditures. It would also repeal existing prohibitions on the executive branch from promulgating rules to require government contractors to disclose all of their political spending.

The bill requires presidential inauguration committees to disclose their expenditures, limits aggregate contributions, and restricts funds being used for purposes unrelated to an inauguration. Additional measures in the bill include a publicly financed 6-1 matching system on small-dollar donations for Senate and presidential candidates, more ethics changes to the executive branch, and substantial changes to federal election law and voter rights.

The British Columbia Office of the Registrar of Lobbyists released new guidance documents this month outlining key considerations for lobbyists when declaring government funding in the Lobbyists Registry and guidance on the term “provincial entity” as it is used in the Lobbyists Transparency Act (LTA).

The LTA requires lobbyists provide information in their Registration Return about government funding, whether received or requested by their organization or client, from any government, government agency, or provincial entity in the preceding 12-month period. This is not limited to funding related to lobbying in British Columbia. Government funding includes those of any level of government, including foreign, federal, provincial, or municipal governmental entities. Non-refundable funding given in response to the COVID-19 pandemic is reportable. Now that the online Registry has been updated to permit lobbyists to declare funding, the guidance provides instructions on how to enter, remove and modify the information on a lobbyist’s report.

Similar government funding disclosure obligations are also required by federal lobbyists and lobbyists in Alberta.

The document providing guidance on the term “provincial entity” is intended to help lobbyists understand which persons working for a provincial entity are covered individuals for purposes of disclosure in lobbying reports. “Provincial entity” is specifically defined by regulation and generally refers to provincial government bodies or corporations outside core government. Provincial entities include crown corporations, school districts, public sector post-secondary institutions, such as colleges and universities, and health authorities.

The Office of the Commissioner of Lobbying of Canada has released information concerning COVID-19 emergency funding and registration requirements online.

Several key points are emphasized by the Office: communications with public office holders about the making, developing or amending of a government-funding program linked to COVID-19 are registrable activities; disclosure of any non-repayable portion of COVID-19 relief funding received¸ from any level of government entity, foreign or domestic, must be disclosed in a lobbyist’s registration; and updates to registrations are required no later than 15 days after the end of the month in which the funding was provided.

Examples of COVID-19-related funding programs include the Canada Emergency Wage Subsidy, the Canada Emergency Business Account, and the Canada Emergency Commercial Rent Assistance.

The disclosure of funding by lobbyists is not limited to COVID-19 relief or to lobbying the federal government. Other reportable government funding includes all grants, non-repayable contributions, forgiven portions of government loans, and any other non-repayable funding.

Disclosure is still not required for repayable contributions, repayable portions of government loans, tax credits, refunds, exemptions, rebates, remissions of taxes, and payment of goods or services contracts.

Applying to a federal government funding program linked to COVID-19 alone is not a registrable activity.