State Lobbying: What You Need to Know About Registering

Your Question: Where do I need to register after I lobbied in a state?

Our Expertise: Deciding whether and where you need to register is already a herculean task, as you must navigate the labyrinthine world of state compliance laws. Along the way, you may encountera divergence in the path: one route leads to state registration, another to local registration, and a third requires both.
Thankfully, we at State and Federal Communications are here to offer you a ball of thread to assist with navigating the myriad paths that make up state and local compliance.

The first step in determining where registration is required is identifying who or what you are lobbying. Local lobbying generally targets city councils, county boards, and municipal authorities, while state lobbying targets state legislatures, governors, and state agencies. One potential hazard is misunderstanding which level of government oversees the entity you are lobbying.

For example, is the water authority owned by the city, county, or state? Is a local college part of the state university system? Lobbying these peripheral governmental entities may require registration with the entity itself, the local municipality, the county, or the state, depending on its governance.

Once you understand the scope of your lobbying, the next step is to review the law and verify the registration threshold. Some localities have their own reporting systems, while some states include local-level lobbying in their registration threshold. This analysis is done by delving into the registration threshold, then focusing on the definition of lobbying. If the definition concentrates on “state legislatures or agencies,” local lobbying is excluded.

Next, check to see if the local municipality you are lobbying has its own lobbying law and determine whether local registration is required. Finally, if applicable, confirm that the entity itself does not require registration.

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Q. I’ve received emails about Michigan transitioning to a new lobbyist system. What do I need to do to be able to file reports?

A. Michigan has completely overhauled their lobbyist reporting system, integrating lobbying reporting into their MiTN (Michigan Transparency Network) and MiLogin services. The old system has been sunsetted and placed in “read only mode.” Due to the old system shutting down, every lobbyist and lobbyist agent must create a new account to file reports electronically. Registrations and reports may still be completed via paper, signed, scanned, and emailed to the Secertary of State. But much like their old lobbyist system, they have disabled their old email. Now all correspondence must be sent to “MDOS-FinancialDisclosure@michigan.gov.”

The first hurdle with the new system is figuring out what portal to use to create their MiLogin profile. Individual lobbyists should use “milogin.michigan.gov.” This is a “personal” login and one that should already be used by lobbyists who are Michigan residents. This ensures an individual does not have multiple accounts. Businesses, lobbying firms, and organizations should use “milogintp.michigan.gov.”
An individual can use the MiLogin for businesses if they wish to file for multiple clients.

Once a profile is created, you must “add” the MiTN link to your MiLogin home page and create a two-factor authorization method. The next step is to link your old Michigan lobbyist information to your MiTN account. Importantly, only people who are listed on a registration, such as an employee or signatory, may file reports. The system will ask what your MiTN user role is. You may select either “Lobby Registrant” or “Lobby Data Entry.” Anyone can be labeled as “Lobby Data Entry” but, only people who are listed on a registration can be labeled as “Lobby Registrant.” Only people labeled as “Lobby Registrant” may file reports. Your account will be reviewed, and once approved, you will be able to file registrations and reports through the portal.

[For more information about the nuances of the changed system, please check out the “Registration” and “Reporting” sections of the Michigan Lobbying Compliance Laws online publication.]

Q: I need to register as a lobbyist in Georgia and I have heard Georgia has overhauled their system. Were there any changes to how one registers or to what is required on lobbying reports?

A: Georgia has undergone a massive renovation of their lobbyist system. Registration is now a complex process that requires clients to make an account, which was not necessary under the old system.

When creating a client account, the system will request a list of officers and authorized agents. Any officers listed will have a client account created, using the email provided as a Login ID. Only officers are able to file reports, while authorized agents may only input information into the system.

Once the registration is submitted, an email will be sent to each of the listed officers, prompting them to create a password. The Ethics Commission will only discuss issues with the client account with the listed officers.

Following the creation of the client account, the lobbyist account may be created.

Once the lobbyist registration is submitted, a “token” will be created and emailed to the officers of the listed client. The client must then accept the “token” by clicking on the link and authorizing the lobbyist. The system will then send an email to the lobbyist to create their password. Once the password is created, the lobbyist is officially registered. It is important to note the lobbyist’s account will not be created until the client accepts the relationship. The $20 badge fee may be paid from the lobbyist account or the client account.

While the changes to lobbyist reporting are more modest, there are still differences between the old and new systems.

A large change is that there are now only three different reports: Local, Legislative, and Agency. The Agency report has combined Agency, Vendor, and State Board of Transportation into one report. Even if you only registered as an Agency lobbyist, your report will be labeled as an Agency, Vendor, and State Board of Transportation report.

The new system now requires additional information to file a report. Each expenditure disclosure must now contain:

•     Date of the expenditure

•     Amount

•     The client of the lobbyist

•     The “type” of expenditure

•     A description of the expenditure

•     The name of the payee

•     Whether the recipient is a public officer or group and their name.

The system also allows for the disclosure of the purpose of the expenditure and the number of the bill, resolution, or regulation, but this is an optional disclosure.

Gov. Gavin Newsom has picked Laphonza Butler to fill Dianne Feinstein’s Senate seat.

Butler is the current president of Emily’s List, a national political organization that focuses on electing Democratic women who support abortion access.

She previously served as president of a labor union and as an advisor to Kamala Harris’ 2020 presidential campaign.

Butler also has political ties to Newsom, as she was a partner in the political consulting firm now known as Bearstar Strategies that is run by the governor’s veteran strategists Ace Smith, Sean Clegg, and Juan Rodriguez.

Butler is only a short-term caretaker of the seat, with the position being voted on the 2024 ballot.

None of the three front runners were chosen for the appointment. Newsom stated he did not want to play favorites ahead of the 2024 election.

Dianne Feinstein passed away at the age of 90.

Feinstein’s death leaves a vacant U.S. Senate seat, requiring Gov. Gavin Newsome to appoint a temporary successor.

Feinstein started her public service career as president of San Francisco’s Board of Supervisors in 1978. She was also appointed Mayor of San Francisco before winning a special election for her U.S. Senate seat.

During her decades-spanning career, she was a major gun-control advocate, helped create the AMBER alert network, and sponsored bills protecting millions of acres of California desert.

She declared earlier this year she would not seek reelection at the end of her term in 2024.

The San Jose City Council has approved changes to the city’s ethics rules.

Officials have lowered the city’s revolving door prohibition for former employees from two years down to one, removed fees for late lobbying disclosures, and uncapped reimbursement amounts for personal loans candidates made to their campaigns.

Gov. Gavin Newsom signed Senate Bill 678 into law on September 1.

Senate Bill 678 requires a person paid by a committee to post content online supporting or opposing a candidate or a ballot measure to include a disclaimer stating they were paid to make the post.

This bill targets “influencers” and follows California’s recent trend on curtailing social media’s influence on elections.

The bill will become effective January 1, 2024.

The Oregon Elections Division announced a new multi-year initiative to promote the state’s campaign finance laws.

The compliance program has been named CLEAR and will be implemented in three phases.

Oregon is currently working on a website overhaul of Oregonvotes.com to make it easier for the public to locate campaign finance information and gain access to the online filing system ORESTAR.

The Election Division is working on publishing an online database of campaign finance violations and penalties expected to launch in late August.

New training videos and compliance documentation will be available to assist campaigns in staying complaint with the law.

The San Francisco Ethics Commission has drafted regulations, overhauling the city’s gift law.

While the regulation does not change the gift limit, the regulation heavily alters what is considered not a gift, adding more exclusions, and better defining existing exclusions.

The new regulations will only become operative if they are approved by the voters on the March 5, 2024 ballot.

A newly filed ballot measure has been introduced to reestablish campaign contribution limits in Alaska.

In 2021, a federal appeals court struck down most of Alaska contribution limits on First Amendment grounds.

The ballot measure would cap contributions at $2,000 per election, with limits being adjusted for inflation every 10 years.

The new initiative will appear on the 2024 ballot if it is certified by the lieutenant governor and collects the requisite number of signatures.

Gov. Joe Lombardo has called lawmakers back for a special session to reach an agreement on a key budget bill.

The Legislature will meet in the afternoon on June 7 to discuss the proposed bill.

Furthermore, there is speculation that a second special session will be held later in the week to further deliberate over the Athletics’ stadium proposal.

There are no changes in lobbyist reporting due to this special session.

The Nevada Legislature adjourned sine die on June 6 after failing to pass all five necessary budget bills.

In the rush of the final session day, the public funding bill for a relocated Oakland Athletics stadium failed to pass, leaving the teams future in question.

Gov. Joe Lombardo is expected to call a special session in the next few days to pass the final budget bill dealing with capital improvements and to further discuss the plans for the new Athletics stadium.

This does affect lobbyist reporting. The final report for the regular session is due July 6.

The Fair Political Practices Commission has passed multiple regulations clarifying Senate Bill 1439 and Political Advertising.

The regulations dealing with Senate Bill 1439 focus on who is disqualified and how an officer would know a donor has a financial interest in a proceeding before the officer.

Regulations revising political advertising add additional disclosures and adds regulations to less-used methods of communication.

The Alaska Legislature adjourned sin die on May 17 after a dispute between the House and Senate over the state budget. The main division between the two chambers is the size of the Permanent Fund dividend. The lack of a budget has forced Gov. Mike Dunleavy to announce a special session, starting the following day, May 18. The special session can last up to 30 days. This will affect lobbying reporting if the special session lasts until June.