City Council passed a city charter amendment requiring individuals and entities making independent expenditures related to municipal ballot questions to file disclosure reports.

Local Law No. 22 of 2023 requires individuals and entities making independent expenditures of $5,000 or more in support or opposition to a municipal ballot proposal or referendum to file independent expenditure disclosure reports.

The new reporting requirement will take effect on January 1, 2024.

Q: I heard New York City requires registration and reporting for grassroots lobbying? Who is required to register and how do I comply with all the reporting requirements?

A: Yes, if an individual’s compensation or expenditures for grassroots lobbying exceeds $5,000 in the aggregate during a calendar year. Lobbying is considered any attempt to influence city officials, therefore all grassroots campaigns would be considered lobbying. The city law reflects the existing state law requiring registration and reporting for state lobbyists.

Once a grassroots campaign reaches the $5,000 lobbying threshold, bi-monthly periodic reports, an annual report, and fundraising and political consulting reports must be filed. Fundraising and political consulting reports are filed on the same bi-monthly schedule as the periodic reports.

For the bi-monthly periodic reports and the annual report, make sure you keep track of compensation, expenses, subjects lobbied, and names of the person and agencies lobbied. For the fundraising and political consulting reports, you will need to track compensation paid for fundraising and/or political consulting activities, a list of all persons or entities contracted for the purpose of providing fundraising and/or political consulting services, and the total dollar amount raised for each candidate for which such activities were performed.

Don’t forget when it comes to websites, a social media communication constitutes a grassroots lobbying communication when:

1. References otherwise implicate an action covered by the term lobbying or lobbying activities;
2. Takes a clear position on the action question; and
3. Includes a call to action (i.e., solicits or exhorts the public, or a segment of the public, to contact a public official).

When grassroots lobbying through a social media communication is undertaken by an organization, through the organization’s social media account, this activity is reportable lobbying activity by the organization. When grassroots lobbying through a social media communication is undertaken by an individual, through their personal social media account, this activity is not reportable lobbying activity unless such individual is specifically retained by a client for such social media activity. Any expenses incurred to create, promote, place, or otherwise highlight an individual’s personal social media activity are reportable by the party incurring the expenses. A consultant’s activity on a grassroots campaign may be considered reportable lobbying if the consultant controlled the delivery and had input into the content of the message.

New York City Mayor Bill de Blasio announced a special election to be held on December 22 for City Council District 12.

The seat is vacant after the expulsion of Bronx Councilman Andy King for accusations of sexual harassment, misuse of city resources, and other ethics violations.

The winner of the special election will serve the remainder of King’s term through 2021.

Due to ongoing COVID-19 concerns, the New York City Office of the City Clerk has announced an extension for the lobbyist activity report.

The current report covers the period of January to February.

The lobbyist activity report is now due on March 31.

On March 15, Mayor Bill de Blasio announced the postponement of the Queens Special Election for Borough President scheduled for March 24.

Mayor de Blasio postponed the special election due to ongoing COVID-19 concerns.

No new date has been set and acting Borough President Sharon Lee will continue her tenure until the special election is rescheduled.

On Election Day, voters approved Ballot Question 3, Ethics and Governance.

The proposal amends the city charter by extending the post-employment appearance ban for elected officials and senior appointed officials.

Additionally, the proposal limits political activity and donations by members of the Conflicts of Interest Board (COIB).

City elected officials and senior appointed officials will be prohibited from appearing before the agency or branch of government they served in after leaving service for two years. The current rule is one year.

The amendment would also prohibit members of the COIB from participating in campaigns for local elected office.

Furthermore, the amendment reduces the maximum amount members can contribute in each election cycle.

The post-employment ban would become effective January 1, 2022.

On July 24, The New York City Charter Revision Commission released a final draft report on proposed amendments to the city charter.

The commission proposed Ballot Question 3 relating to ethics and governance including extending the post-employment appearance ban for elected officials and senior appointed officials.

Additionally, the question limits political activity and donations by members of Conflicts of Interest Board.

The proposal would increase the prohibition of city elected officials and senior appointed officials from appearing before the agency or branch of government the official served in after leaving service from one year to two years.

The amendment would also prohibit members of the COIB from participating in campaigns for local elected office and reduce the maximum amount members can contribute in each election cycle.

Voters will be presented the proposals on the November 5 general election ballot.

If passed, the proposed post-employment ban would become effective January 1, 2022.

On July 11, the New York Joint Commission on Public Ethics launched the ability to file client semi-annual reports and source of funding information through the online Lobbying Application for the 2019-2020 reporting period.

JCOPE has granted an extension to all clients to file the client reports until July 31.

The extension only applies to semiannual reports and source of funding disclosures; lobbyist bimonthly reports are still due on July 15.

JCOPE has also produced a guideline “How to Properly Disclose Lobbying Activities” on their website to assist proper disclosure.

The New York Joint Commission on Public Ethics will be enabling the ability to file client semiannual reports and source funding disclosures through the online Lobbying Application on July 8.

Due to the short time frame of enabling the ability to file online and the statutory due date, JCOPE has granted an extension to submit client reports until July 31.

The extension only applies to semiannual reports and source of funding disclosures; lobbyist bimonthly reports are still due on July 15.

The New York City Campaign Finance Board will hold a public hearing on proposed amendments to the Campaign Finance Program.

Amendments address disclosure, contributions, expenditures, public fund payments, and disclosure of independent expenditures.

Proposed rules amend and clarify the following sections:

• The reporting requirement of an in-kind contribution’s fair market value
• The next contribution limit adjustment to occur in 2022
• Enumerate the categories of prohibited contributions
• Cash contributions from a single source
• Attribution of expenditures after the date of a contested primary
• Update other provisions of the Campaign Finance Program

The public hearing on the proposed rules will take place on June 13.

New York City Mayor Bill de Blasio announced a special election date for public advocate to be held on February 26.

Tish James, the current public advocate, is vacating the seat after being elected state attorney general.

New York City voters approved a ballot measure related to campaign finance on Tuesday.

Proposal 1 amends the City Charter by reducing contribution limits for all candidates and amending public matching funds for candidates participating in the public financing program.

Contributions for non-participating candidates will be reduced as follows:

• Citywide offices, from $5,100 to $3,500
• Borough President, from $3,950 to $2,500
• City Council, from $2,850 to $1,500

The amendments will apply to participating candidates who choose to have the amendments apply to their campaigns beginning with the 2021 primary election and would then apply to all candidates beginning in 2022.

The New York City Council passed legislation establishing a Charter Revision Commission (Commission) to draft a new or revised City Charter in April 2018.

On September 4, the Commission approved three ballot questions to be approved by voters in November.

One ballot measure would reduce contribution limits for all candidates and amend public matching funds for candidates participating in the public financing program.

The other ballot measures involve civic engagement and community boards.

The New York City Council passed several bills designed to provide greater protections against workplace sexual harassment.

One measure requires annual training for all private employers with 15 or more employees.

Additionally, the City Council passed legislation establishing a Charter Revision Commission to draft a new or revised City Charter. The last Charter Revision Commission submitted changes to voters in November 1988.

The voter-approved amendments strengthened campaign finance and conflict of interest laws.

Mayor Bill de Blasio has 30 days to sign, veto the bills, or take no action.