Last week, Mayor Marty Walsh vetoed a Boston City Council Ordinance on lobbying reform. Mayor Walsh first proposed an overhaul to the city’s lobbying laws in 2016, stating a need for an increase in transparency.

His proposal brought stricter lobbying laws mirroring those of the state in the form of a home rule charter which would require approval by the state legislature. Council passed its own version of the ordinance in late June hoping it would go into effect immediately upon signature by the mayor.

In vetoing the ordinance, Mayor Walsh indicated the passed ordinance failed to define and regulate lobbying and did not create an adequate enforcement mechanism.

Mayor Walsh stated his continued confidence in his recommended proposals, but Boston’s lobbying reform is headed back for more debate.

The Massachusetts Office of Campaign and Political Finance released a draft version of updates to the agency’s regulations taking affect at the end of the month.

The changes were subject to a public hearing last month and aim to make the regulations consistent with changes to campaign finance law and agency practices of the last few years.

Some changes include updated due dates for electronically filed reports, clarifications on when an organization must register as a political committee, and explanations of the circumstances in which an independent expenditure political action committee (PAC) becomes a traditional PAC.

The official effective date of the updated regulations has not yet been announced, and a final copy of the changes will not be publicly available until later this month.

Massachusetts Secretary of State William Galvin announced the dates for the 1^st Suffolk Senatorial District special elections.

The primary will be held April 3, with the general on May 1.

The vacancy was created after Linda Dorcena Forry resigned to become a vice president at Suffolk Construction.

Pictured: Outgoing Senator Linda Dorcena Forry

A special election will be called for the 1st Berkshire State Representative Seat to replace Rep. Gailanne Cariddi.

Rep. Cariddi, who was in her fourth term, died over the weekend.

Massachusetts House Speaker Robert DeLeo is responsible for setting the date for the special election but no date has been set yet.

A state ban on political contributions to candidates by businesses was upheld by a Suffolk Superior Court judge last week. Massachusetts campaign finance law prohibits contributions from businesses but allows contributions from labor unions.

Two businesses active in a fiscally conservative advocacy group challenged the law hoping for a change in favor of businesses wishing to contribute, asserting the same political contribution rules should apply to businesses and unions.

The Office of Campaign and Political Finance argued businesses are different from unions and the state is within its rights to regulate each entity differently, maintaining the state’s interest in preventing corruption or the appearance of corruption.

Under the upheld law, individuals can contribute $1,000 per year to candidates and labor unions can contribute up to $15,000.

Oral arguments were heard last week in a 2015 lawsuit filed in Massachusetts Suffolk County Superior Court challenging state laws allowing unions to make political contributions while barring corporations from doing the same.

The lawsuit is being brought by the Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute on behalf of two state business corporations against Michael Sullivan, the director of the Office of Campaign and Political Finance (OCPF), which enforces the law. In 1A AUTO, INC. v Sullivan, the plaintiffs allege, “There is no legitimate justification for allowing unions to contribute thousands of dollars to candidates, parties, and political committees, while completely banning any contributions from businesses.” The plaintiffs argue the law violates “equal protection, free speech, and free association protected by the Massachusetts and United States constitutions” and are seeking a permanent injunction preventing the OCPF from enforcing the law banning corporate contributions.

Both parties made their arguments on December 7 in front of Judge Paul Wilson, who will decide the previously filed motions for summary judgement.

On November 14, the Massachusetts Senate passed a resolution to create a task force to review ethics laws governing state, county, and municipal employees. House Bill 4627, which previously passed the House, requires the task force to file a report with the governor, the president of the Senate, and the speaker of the House of Representatives regarding the results of its investigation and study on or before March 15, 2017.

The original purpose of the bill was to review laws concerning lobbying, campaign finance, and ethics. House Ethics Committee Chairman Chris Markey said limiting the focus allows the task force to meet its deadline, according to the Sentinel and Enterprise News.

On October 18, the Massachusetts House of Representatives will consider whether to create a temporary committee to review the state’s ethics laws.

The panel, called the Task Force on Integrity in State and Local Government, is being promoted by House Speaker Robert DeLeo. Its purpose would be to review laws concerning lobbying, campaign finance, and ethics.

If approved, the task force will file a report with the governor, the president of the Senate, and the speaker of the House regarding the results of its investigation and study by December 23, 2016.

On August 9, Massachusetts Gov. Charlie Baker signed House Bill 543 into law, joining other recently signed bills helping to tweak the state’s current campaign finance laws. The new legislation allows for individuals to make addition political contributions of up to $1,000 to House and Senate candidates in special election races held during state election years.

Another change in the law requires a PAC or political party committee making an expenditure to support or oppose a candidate to identify the candidate on the check and subsequently review the bank’s report. If the report does not identify the candidate supported or opposed, the PAC or political party committee must append the bank’s report to disclose the name of the candidate and whether the expenditure supported or opposed the candidate.

The state’s legal requirement to disclose the top five donors on certain political advertisements now includes those on billboards and direct mailings regardless of the purpose for which the funds were given. This disclosure requirement also applies to state ballot committees. The legislation came into effect upon signing.

The Massachusetts Legislature adjourned its formal session on July 31 with a flurry of activity.

Lawmakers passed several significant pieces of legislation, including a campaign finance law requiring certain independent expenditure-only committees to disclose their top five contributors, a law regulating services like Uber and Lyft, and bills funding state infrastructure projects.

The Legislature will continue to hold informal sessions until the body is adjourned sine die in January of 2017.

Photo of the Massachusetts State Capitol by Fcb981 on Wikimedia Commons.

On April 8, the Massachusetts Office of Campaign and Political Finance (OCPF) issued new regulations concerning coordination between candidates and independent expenditure-only political committees. The new regulations clarify definitions in the law for the terms “independent expenditure” and “electioneering communication” and try to “define situations in which a presumption of coordination exists between a candidate and an outside spender who is expressly advocating on the candidate’s behalf,” according to the OCPF.

The OCPF has said the regulations were created in response to frequent inquiries about the rules of coordination between candidates and other political entities.

Massachusetts state Sen. Michael Brady has introduced legislation proposing state municipalities require lobbyist registration and reporting. If passed, municipalities would be allowed to opt into the law’s requirements after approval by vote of the local governing body. According to Brady, as reported in the Patriot Ledger, the legislation is modeled after the state lobbying law and creates new categories for governing municipal agents and municipal lobbying. Registration, costing $100 a year, would be required for compensation for lobbying of over $2,500 per year. Municipal clerks would administer registration and reporting requirements, with enforcement handled by the Office of the Secretary of State.

Meanwhile, on February 29, House Speaker Robert DeLeo announced a plan to create a task force to review the state’s ethics laws, according the Sentinel & Enterprise. DeLeo would like any task force recommendations to be considered during this year’s legislative session.

On February 24, the Massachusetts Office of Campaign and Political Finance (OCPF) held a public hearing on proposed regulations to clarify political expenditure coordination between entities. The proposed regulations seek to elucidate the differences between independent and coordinated expenditures, including “situations in which a presumption of coordination exists between a candidate and an outside spender who is expressly advocating on the candidate’s behalf,” according to an OCPF press release. “We get complaints all the time, so we’re trying to create a roadmap,” said OCPF Director Michael Sullivan, as reported in the New Boston Post. Written comments about the draft regulations will be accepted until 5 p.m. on March 4.

Boston Mayor Martin J. Walsh has filed a home rule petition with the City Council to establish a lobbying law for the city.

The proposal, filed with the council on February 1, requires lobbyist to register annually with the city by December 15 of each preceding year. The annual registration fee will be $1,000 for a lobbyist entity, and $100 for clients and lobbying agents. A lobbying agent is defined in the petition as “a person who for compensation or reward engages in a least one lobbying communications with a city employee.”

Activity reports are due twice a year, on January and July 15, and must include campaign contributions, client identification, “names of pieces of legislation or the decisions of the city employees” attempted to be influenced, statements of the lobbying agent’s position on the legislation or decision, the lobbyist’s compensation, and the dates of all lobbying communications.

The petition is based on the state’s lobbying law, the Boston Globe reports the mayor has said. According to the Globe, City Councilor Michael F. Flaherty Jr. said, “Let’s eliminate the hocus-pocus that used to permeate every corner of City Hall, where projects and petitions lived or died on who you knew and who you hired.”

If the home rule petition is passed by the City Council, it must then be approved by the state Legislature to become law because it includes financial penalties for lack of compliance.

Photo of Boston Mayor Marty Walsh by David Parsons on Wikimedia Commons.