Campaign Finance

Oregon: “The City’s Public Campaign Financing Program Allowed Candidates with Little Support to Snag Taxpayer Dollars” by Sophie Peel for Willamette Week

Ethics

California: “Assessor Reports $1M Behested Payment, Biggest Charitable Donation Made at a Local Elected Official’s Request” by Jeff McDonald (San Diego Union-Tribune) for MSN

National: “Trump Transition Team Ethics Pledge Appears to Exclude President-Elect” by Betsy Klein, Steve Contorno, and Arlette Saenz (CNN) for MSN

Florida: “Tickets to Master’s Tournament Trigger Feud in Hillsborough County Politics” by Jack Evans and Justin Garcia (Tampa Bay Times) for MSN

Indiana: “Nonprofit Braun Transition Group Follows Former Governors’ Model” by Leslie Bonilla Muñiz (Indiana Capital Chronicle) for Yahoo News

Legislative Issues

National: “Supreme Court to Examine Power of Congress to Delegate Authority” by Justin Jouvenal (Washington Post) for MSN

Lobbying

National: “As His Power Grows, D.C. Wonders: How do you lobby a man like Elon Musk?” by Cat Zakrzewski, Faiz Siddiqui, and Pranshu Verma (Washington Post) for MSN

New York: “N.Y. Ethics Commission Faces New Constitutional Challenge” by Brendan Lyons for Albany Times Union

On November 21, Quebec’s Chief Electoral Officer Jean-François Blanchet submitted to the province’s National Assembly a report of recommendations containing 30 proposals for improvements to the Election Act.

The stated goal of the report, entitled “For a New Vision of the Election Law,” is to strengthen the province’s election law’s fundamental principles: transparency, fairness, and integrity.

Notably, the report recommends fixed by-elections dates.

Among the other recommendations of Elections Quebec are requiring political parties to account for their pre-election expenses, extending this reporting requirement to any organization or person not acting on behalf of a candidate or a party, and banning government advertising and announcements as an election is approached.

The report contends the current guidelines limiting government communications in the run-up to an election need clarification to ensure more fairness between political parties from one election to the next.

Additionally, the report proposes requiring digital platforms to keep a register of the paid election and political ads they broadcast, similar to requirements in effect during federal elections.

The Commission on Ethics and Lobbying in Government (COELIG) will hold a live training on October 30 at 1 p.m. to provide an overview of the responsible party regulatory amendments and a review of the changes in COELIG’s Lobbying Application.

Beginning on December 1, amended regulations regarding who is responsible for the submission, completeness, and truthfulness of filings by a lobbyist or client will take effect.

Submission of lobbyist filings will require a responsible party to attest to the accuracy of the filing.

If a lobbyist or client is an organization, the responsible party must have legal authority to bind the lobbyist or client.

The rulemaking clarifies only the responsible party can submit a lobbying filing and attest to its truthfulness.

A person or entity who is hired or employed by a lobbyist or client to prepare lobbying filings can still prepare and save the filings for the lobbyist or client but may no longer submit or attest to the truthfulness of those filings.

Only the responsible party may submit or attest to the truthfulness of the filings.

Q: I heard the New York State Commission on Ethics and Lobbying in Government (COELIG) was found unconstitutional. What does this mean for lobbyist and lobbyist employer reporting?

A: That is correct. On May 9, a New York appellate court unanimously upheld a lower court decision finding COELIG unconstitutional. The court found COELIG violates the governor’s ability to enforce ethics laws as many members of the commission are not appointed by the governor. COELIG will continue to promote compliance with ethics and lobbying laws and may continue to process ethics disclosures and lobbyist filings.

In New York, registered lobbyists must file bimonthly reports by the 15th day of the month following the end of the reporting period in which the lobbyist was first required to register. Reports are due for each subsequent reporting period thereafter.

Lobbyist employers must file semiannual reports for every calendar year during which the employer retained, employed, or designated a lobbyist and reasonably anticipates that during the year such client will expend or incur more than $5,000.

A lobbyist or lobbyist employer may be suspended for up to a year if they knowingly and willfully fail to file a report on time or fail to file a report at all. Any bimonthly or semiannual report not timely filed will be subject to late fees.

While the court case is going through the appeals process, COELIG was granted a stay to continue administering and enforcing ethics and lobbying laws, overseeing the filing and review of lobbying registrations and reports, providing guidance and advice, and investigating and enforcing violations of the laws and regulations under its jurisdiction. It is always good practice to make sure you are submitting reports on time.

Information to assist with your commitment to compliance, can be found in the Important Features of the Law section of State & Federal Communication’s U.S. Lobbying Compliance Laws.

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.

On May 9, a New York appellate court unanimously upheld a lower court decision finding the Commission on Ethics and Lobbying in Government (COELIG) unconstitutional.

The court found COELIG violates the governor’s ability to enforce ethics laws as many members of the commission are not appointed by the governor.

The commission will continue to promote compliance with ethics and lobbying laws and may continue to process ethics disclosures and lobbyist filings.

COELIG stated they will seek an appeal and a stay to continue enforcing ethics and lobbying laws during the appeals process.

Gov. Kathy Hochul issued a proclamation ordering a special election to fill the vacancy in the U.S. House of Representatives District 26 for the unexpired term of Rep. Brian Higgins.

The special election will be held on April 30.

Higgins, who announced his resignation citing frustrations about the growing dysfunction in Congress, will become president of Shea’s Performing Arts Center.

U.S. House District 26 covers parts of Erie and Niagara counties in western New York.

Gov. Kathy Hochul announced a special election will be held on Tuesday, February 13 to fill the vacancy in the 77th Assembly District.

The vacancy was created when Rep. Latoya Joyner resigned to pursue a different professional opportunity.

The winner of this election will serve the remainder of Joyner’s term ending in the fall.

The Independent Redistricting Commission (IRC) of New York has been tasked with redrawing the state’s congressional map by New York’s highest court.

This decision to create a new map is due to a lawsuit brought against the IRC by voters after the Legislature was forced to create the most recent congressional maps rather than the IRC.

The new congressional map will need to make its way to the Legislature by the end of February in order to be in effect for the upcoming 2024 elections.

Gov. Kathy Hochul vetoed legislation inspired by the 2023 session’s chief judge battle.

Senate Bill 4152 would have required lobbying groups to disclose spending on campaigns for or against gubernatorial nominees to state office, including the nomination or confirmation of any person for a position subject to confirmation by the Senate.

Hochul’s initial nominee for chief judge of the state Court of Appeals, Hector D. LaSalle, sparked fierce efforts to support and oppose his appointment, including unregulated campaigns that sought to alter the outcome.

The groups lobbying for LaSalle’s nomination voluntarily reported their lobbying while the groups lobbying against LaSalle’s nomination declined to do so, stating there was no requirement to report.

Senate Democrats blocked the nomination of LaSalle, marking the first time the Legislature has not confirmed a candidate for the Court of Appeals.

Hochul cited significant new reporting requirements and implementation costs not already accounted for in her veto memo.

Gov. Kathy Hochul issued a proclamation ordering a special election on February 13, 2024, to fill the vacancy in the United States House of Representatives Third Congressional District for the unexpired term of George Santos.

Santos was expelled on December 1, causing House Republicans to be down a seat for the next two months, with an even narrower majority in the closely divided chamber.

The seat in Nassau and Queens counties is a key piece in the Democrats’ plan to retake the House majority next year.

Former Democratic Rep. Tom Suozzi, who left in 2022 to mount a failed run for governor, is a lead contender to reclaim his old seat.

A state court has ruled the New York Commission on Ethics and Lobbying in Government violates the state’s constitution because it was formed without a constitutional amendment and it divests the governor of her authority.

The commission will need to suspend its work pending the outcome of any appeal.

While this matter works its way through the courts, the commission will continue to promote compliance with the state’s ethics and lobbying laws. 

New York Gov. Kathy Hochul scheduled a special election following the resignation of Assemblyman Dan Rosenthal.

The election to fill the vacancy in Assembly District 27 will be held on September 12.

Rosenthal, who was first elected at 26, is backing Sam Berger who is 25 years old and the son of a Democratic district leader.

The New York Legislature adjourned on June 10 after the Clean Slate Act passed both houses.

The legislation, which still must be signed into law by Gov. Kathy Hochul, wipes a New Yorker’s conviction record clean three years after sentencing for misdemeanors and eight years for certain felonies.

The Senate is not expected to return to session but the Assembly will likely return in the near future to complete unfinished work.