On January 21, President Joe Biden nominated Dara Lindenbaum to serve as a commissioner on the Federal Election Commission (FEC). FEC Vice Chair Steven T. Walther announced last week he would be stepping down as commissioner upon the nomination and confirmation of his replacement.

Lindenbaum, currently an attorney with Sandler Reiff Lamb Rosenstein & Birkenstock, P.C., previously worked with the Voting Rights Project at the Lawyers’ Committee for Civil Rights Under Law. According to her profile on her law firm’s website, she also currently serves as General Counsel to Stacey Abrams’ campaign for Governor of Georgia.

With the appointment of Lindenbaum, there will be three registered members of the Republican Party, and three registered members of the Democratic Party. No more than three members of the FEC may be registered with the same political party. To become a commissioner, Lindenbaum must now be confirmed by the U.S. Senate.

The Lobbyist Registry for the city of Burlington, Ontario, Canada has officially gone live on the city’s website this month.

A new lobbying law, passed on October 19, 2021, requires consultant lobbyists, in-house lobbyists, and voluntary unpaid lobbyists to file a registration with the City Clerk within 10 days after entering into an undertaking to lobby. Only one registration needs to be filed for each undertaking even though a lobbyist may, in connection with the undertaking, communicate or arrange meetings with more than one public office holder on more than one occasion.

The new legislation defines lobbying as meaning any communication with a public office holder by an individual who represents a business or financial interest with the goal of trying to influence legislative action. In turn, the law defines legislative action as the development, introduction, passage, defeat, amendment or repeal of a bylaw, motion, resolution, or the outcome of a decision on any matter before the City Council or a Committee of the Council. A lobbyist is required to file a return updating any change in their registration within 10 business days of the change taking place. The subject matter registration will be closed once lobbying is complete or within 12 months of the lobbying commencing, whichever is sooner.

The new Lobbyist Registry is available at https://www.burlington.ca/en/your-city/lobbyist-registry.asp.

On January 21, Federal Election Commission (FEC) Vice Chair Steven T. Walther announced he would be stepping down as commissioner. In his press release, Walther stated he will step down upon the nomination and confirmation of his replacement.

Serving on the FEC since 2006, Commissioner Walther is a politically independent appointee. No more than three members of the FEC may be registered with the same political party.

The remaining FEC commissioners are Republicans Allen Dickerson, current chair, James E. “Trey” Trainor III, and Sean J. Cooksey; and Democrats Ellen L. Weintraub and Shana M. Broussard.

On January 20, U.S. Sen. Mark Kelly introduced the Ban Corporate PACs Act.

The legislation, Senate Bill 3528, amends the Federal Election Campaign Act of 1971 to eliminate the ability of for-profit corporations to establish and manage separate segregated funds (i.e., PACs) or solicit contributions from corporate stockholders. It also requires existing corporate PACs, of a type that would no longer be permitted under this Act, be terminated and their funds be fully disbursed within one year after enactment of the Act.

Meet George Ticoras, Esq., Manager, International Research Services!

What are your areas of expertise?

The daily focus of my work is covering the lobbying landscape throughout Canada, Europe, Latin America, and the rest of the world.

How many years of experience do you have in compliance research?

I have been with the company for over 11 years.

What do you do that helps our clients everyday?

I help our clients understand various international lobbying laws. Rules concerning lobbying are different in every country. Each of the various laws, regulations, and policies can be overwhelming for a client. I collect and synthesize this information, track and stay updated with any changes, and turn it into something comprehensible our clients can understand, use, and apply in pursuit of their objectives.

On January 13, the Federal Election Commission (FEC) decided to revise its PAC registration form to explicitly include designations for superPACs and Hybrid Committees.

At its open meeting, the FEC approved a motion instructing the agency’s staff to expand Form 1 (Statement of Organization).

SuperPACs, which are technically independent expenditure-only political committees, and Hybrid Committees, which in turn are committees with separate non-contribution accounts, are currently required to file separate letters along with Form 1 to receive those designations.

The Commission hopes to have the amended form for their review by February 14.

On January 11, the Federal Election Commission announced its civil monetary penalty amounts adjusted for inflation. The potential fines for civil violations of federal campaign finance laws have increased to range from $6,523 to $76,280, from the previous range of $6,141 to $71,812.

The amounts are calculated through a statutory formula applying the most recent “cost-of-living adjustment multiplier,” issued by the Office of Management and Budget, to the current amounts. The amended civil monetary penalties took effect as of December 28, 2021, the publication date in the Federal Register.

Elections Canada has published the federal contribution limits for the 2022 calendar year.

In 2022, individuals may contribute up to $1,675 to independent candidates, leadership candidates, registered parties, and to, in total, all of the registered associations, nomination contestants and candidates of each registered party. The limits also apply to any unpaid balance of loans made during a contribution period and the amount of any loan guarantees made during a contribution period.

The limits increase annually by $25 on January 1.

Sometime in January of 2022, the city of Burlington, Ontario, Canada expects to have its new electronic Lobbyist Registry webpage available to the public.

The city’s new lobbying law, passed on October 19, 2021, requires consultant lobbyists, in-house lobbyists, and voluntary unpaid lobbyists to file a registration with the City Clerk within 10 days after entering into an undertaking to lobby. Only one registration needs to be filed for each undertaking even though a lobbyist may, in connection with the undertaking, communicate or arrange meetings with more than one public office holder on more than one occasion.

The new legislation defines lobbying as meaning any communication with a public office holder by an individual who represents a business or financial interest with the goal of trying to influence legislative action. In turn, the law defines legislative action as the development, introduction, passage, defeat, amendment or repeal of a bylaw, motion, resolution, or the outcome of a decision on any matter before the City Council or a Committee of the Council.

A lobbyist is required to file a return updating any change in their registration within 10 business days of the change taking place. The subject matter registration will be closed once lobbying is complete or within 12 months of the lobbying commencing, whichever is sooner.

The public has until February 18, 2022, to share input on a proposed draft update of Canada’s Federal Lobbyists’ Code of Conduct.

On December 15, the Office of the Commissioner of Lobbying began receiving all views, suggestions, and perspectives from stakeholders concerning the mandatory standards lobbyists must respect when engaging in lobbying activities at the federal level in Canada.

The non-statutory Code of Conduct, last updated in 2015, applies to registered consultants and in-house lobbyists.

Comments may be made through email sent to engagement@lobbycanada.gc.ca or at the commissioner’s website hosting the proposed draft at https://lobbycanada.gc.ca/en/rules/the-lobbyists-code-of-conduct/lobbyists-code-of-conduct/consultation-on-future-changes-to-the-lobbyists-code-of-conduct.

All submissions will be published on the commissioner’s website after the consultation period ends.

A new online Lobbyists Registry for Quebec, whose original deadline for implementation was set by law as of December 19, 2021, has been postponed until 2022.

On December 9, the National Assembly of Québec passed legislation allowing the government more time to optimally deploy the platform by providing for implementation phases, according to Lobbyists Commissioner Jean-Francois Routhie. The commissioner believes the additional time will allow his office “to finalize the data migration of the current register, the tutorials, the online assistance, and the subscription and publication functions” in a brand-new web application in cloud computing.

Routhie had formally requested the postponement in October, citing several unexpected hurdles causing the delay, including disruptions caused by the COVID-19 pandemic, the difficulty in such a context of reaching the rate of development of the IT teams, and a shortage of manpower. In the works since the summer of 2019, the updated web platform aims to replace the “technological obsolescence” of the current site with a modern system, to improve the user experience, and to be in line with Quebec’s 2019-2023 digital transformation strategy.

The updates to the registry are expected to be up and running in the spring of 2022.

On December 16, the Federal Election Commission elected Commissioner Allen Dickerson as its chairman for 2022.

Dickerson will replace current Chairwoman Shana M. Broussard.

The chairmanship is a rotating, one-year position.No commissioner may serve as chair more than once during his or her term.

Additionally, Commissioner Steven T. Walther was elected to the position of vice chair.

On December 14, U.S. Rep. Jamie Raskin introduced the Get Foreign Money Out of U.S. Elections Act.

House Bill 6283  would prohibit political expenditures from any business entity in which a foreign directly or indirectly owns or controls or otherwise holds direct or indirect beneficial ownership of 50 percent or more of the voting shares, total equity, membership units, or other applicable ownership interests of the entity. The prohibitions would extend for domestic business entities that are foreign-owned, foreign-controlled, foreign-influenced or all three.

Previous versions of the bill were introduced in the last two sessions of Congress, but ultimately did not pass.

On December 13, the U.S. Department of Justice (DOJ) formally requested public input regarding future implementation of Foreign Agents Registration Act (FARA) regulations.

The regulations have not been amended in 14 years.

The DOJ’s Advance Notice of Proposed Rulemaking was published in the Federal Register, Vol. 86, No. 236, seeking public comment to help inform the DOJ’s decision-making prior to its issuance of any new proposed FARA regulations. The DOJ’s National Security Division anticipates issuing a Notice of Proposed Rulemaking that would amend or otherwise clarify the scope of certain exemptions, update various definitions, and make other modernizing changes to the Attorney General’s FARA implementing regulations.

The public comment period ends on February 11, 2022.