State Democrats filed suit against Gov. Kemp in federal court over a 2021 state law allowing candidates to accept unlimited contributions through leadership committees.

Legislative candidate committees are limited to accepting $3,300 per election and may not fundraise during the legislative session.

However, leadership committees are allowed to receive unlimited funds on behalf of candidates and may do so while the Legislature is in session.

Democrats argue the fact that losing party nominees must shut down their leadership committee while the winner’s committee may continue collecting funds unconstitutionally favors incumbents.

Democrats seek a preliminary injunction against leadership committee fundraising and spending until the case is concluded.

Q: Since Minnesota updated their lobbying law and the changes went into effect at the start of 2024, how will the changes practically affect how lobbyists register and file reports?

A: Minnesota passed legislation affecting lobbying registration and reporting that went into effect on January 1, 2024. To correspond with the changes the Campaign Finance Board (CFB) has updated their lobbyist registration, termination statement, and reporting forms.

Lobbyists should be aware the registration threshold has increased from $250 to more than $3,000 for individuals who spend personal funds to influence government action. Calculating the threshold does not include an individual’s own traveling expenses and membership dues. While the increased threshold allows individuals to track their activities until they reach the higher amount the law expanded the scope of local government lobbying which could lead to more activities being included in determining your registration requirements.

The scope of local government lobbying was expanded by amending the definition of lobbyist to replace all references to metropolitan governmental unit with political subdivision. A political subdivision includes the metropolitan council, a metropolitan agency, including the Metropolitan Parks and Open Space Commission, Metropolitan Airports Commission, and Metropolitan Sports Facilities Commission, and a municipality, including a county, town, city, school district or other municipal corporation or political subdivision of the state authorized by law to enter into contracts. Communication with local officials of a political subdivision will need to be tracked and included in calculating your threshold. The new form released by CFB reflects these changes. Lobbyists will also be required to list the general lobbying categories of interest on registrations.

On the reporting and termination forms, lobbyists will no longer be required to report disbursements. Instead, individuals must affirm whether legislative, administrative, or local governmental action occurred during the reporting period. For each type of governmental action, the lobbyist must include at least one general lobbying category and up to four specific subjects of interest lobbied during the reporting period. For administrative actions, individuals must also include the agency lobbied and revisor number if applicable. Lobbyists must continue to report the amount and nature of each gift, item, or benefit $5 or more, given or paid to any public official, an employee of the Legislature, or a local official, by the lobbyist, an employer, or employee of the lobbyist, and each original source of money in excess of $500 in any year used for the purpose of lobbying.

While the CFB has not released an updated form for the annual report, the new lobbying law requires the total amount spent on each lobbying type during a calendar year to be rounded to the nearest $9,000 instead of the current $20,000. We expect the CFB to release a new form closer to the annual reporting due date.

The information from this response can easily be found on our website in the Lobbying Compliance section of the United States Compliance Laws publication.  Please do not hesitate to contact us if you have questions.

Electronic Video Notarization (EVN) will no longer be a valid form of notarization in North Carolina.

EVN was a policy put in place during Covid-19 to allow for safer notarization of documents by allowing notaries to witness signatures over video calls. This order has expired on June 30.

The order could have been extended to July 1, 2025, by House Bill 556, but the bill was vetoed by the governor.

Unless the veto is overridden, EVN is not a legal way to notarize documents and documents will need to be notarized in person going forward, but the use of e-notaries and document signing programs will still be valid.

The civil penalty for violating revolving door restrictions has increased.

Senate Bill 7014 doubled the maximum fine to $20,000 for former officials who violate the state’s six-year ban on lobbying on matters of policy and procurement.

The bill also makes changes to ethics investigation procedures and to public disclosures allowing public officials who are lawyers to claim clients as a source of income without divulging their names.

A special election has been called for August 6 to replace At-Large Councilmember Mel Franklin, who resigned in June.

Thirteen candidates have announced their registration to run.

This primary will include both Democrat and Republican candidates and the winners of the primary will be added to the general election ballot on November 5.

The winner will serve the remaining two years in Franklin’s term.

House Bill 237 passed by a legislative override after being vetoed by Gov. Cooper.

The bill changes registration and reporting requirements for federal PACs contributing in state elections.

Federal PACs may now file a copy of the FEC Statement of Organization within 10 days of making a permissible contribution.

Federal PACs now report by filing with the State Board a copy of the FEC report for any federal filing period during which the federal PAC makes a contribution within 10 calendar days of the federal filing.

Submitting these reports can be done either through mail or email.

Previously, federal PACs were required to register and report using state forms and on state reporting schedules.

State Sen. Jim Perry of Lenoir County resigned from the Legislature after lawmakers concluded this year’s chief work session.

Perry previously announced he was not seeking reelection due to personal time constraints.

Republicans will appoint a replacement to fill the Senate District 2 seat for the remainder of the year.

The Delaware General Assembly adjourned on June 30.

Lawmakers passed House Bill 316, which prohibits the distribution of deep fakes of candidates within 90 days of an election without the consent of the depicted individual, if the distributor knows or reasonably should have known they are distributing a deep fake.

Gov. Carney has 10 days to act on the legislation, and the bill goes into effect upon approval.

The New Jersey Election Law Enforcement Commission (ELEC) announced inflation adjustments to contribution limits for 2025.

The contribution limit to gubernatorial candidates has risen from $4,900 in 2021 to $5,800 for the 2025 gubernatorial election.

ELEC will also be applying inflation adjustments to limits, fines, and reporting thresholds for non-gubernatorial candidates and committees.

For example, the penalty for a first time reporting violation increased from $9,800 to $11,600.

The New York General Assembly adjourned on June 8.

Lawmakers introduced various bills on the use of materially deceptive media or synthetic media in political communications.

Of these bills, only Senate Bill 9678B passed, which contains technical changes to better align state law with federal law on use of materially deceptive media in political communications.

A special election for Senate District 45 will take place on the day of the general election, November 5.

Sen. Kelly Morrison, Assistant Majority Leader, announced Thursday she is resigning her seat to launch her bid to represent Minnesota’s 3rd Congressional District.

The vacancy triggers a special election putting Democrats’ one-seat Senate majority in play this November.

The second regular session of the 102nd General Assembly adjourned sine die as of midnight May 30, in accordance with the constitution.

Lawmakers passed a campaign finance bill permitting committees to use credit cards and debit cards authorized and paid for through the official depository account.

Previously expenditures could only be made by check.

The Legislature adjourned May 29.

Lawmakers passed Senate Bill 2412 preventing candidates who were not in the primary from being listed on the ballot at the general election.

However, Sangamon County Circuit Court Judge Gail Noll issued a temporary injunction on May 22, blocking the law from taking effect until she issues a written decision in the case heard on June 3.

Lawmakers passed a bill modifying the restrictions and penalties for using deep fakes to influence elections before adjourning May 20.

Effective August 1, House File 4772 changes the standard from reasonably knowing to acting with reckless disregard about whether the item being disseminated is a deep fake.

The bill also changes the applicable timeframe for violations to within 90 days before a political party nominating convention or after the start of absentee voting prior to a presidential primary or state or local primary or general election.

Penalties for candidates using deep fakes include forfeiting their nomination or office and disqualification from being appointed to that office or any other office.