A federal judge has ordered Gov. Andrew Cuomo to set a date by Friday, February 20, 2015, for a special election filling the congressional vacancy left by former Rep. Michael Grimm.

Judge Jack Weinstein wrote in his opinion the constituents of the 11th Congressional District, mostly covering Staten Island, are “bereft of an advocate to help them navigate the morass of government bureaucracy.”

Shortly after the federal court issued its opinion, the governor’s spokeswoman made a statement saying Cuomo will announce a date for the special election “shortly.” If Cuomo does not set a date by Friday, February 20, 2015, the judge will set a date “as promptly as the law will allow.”

On February 2, 2015, the commissioners of the Joint Commission on Public Ethics (JCOPE) issued a report to the governor and the Legislature outlining requested changes to existing ethics and lobbying laws. Among their recommendations are mandatory electronic filing for lobbyists and lobbyist employers, disclosure of political consulting or fundraising activities undertaken by lobbyists, assessment of financial penalties for non-compliance with audits, and barring individuals or entities from acting as lobbyists if they have repeat violations of the Lobbying Act.

The report also notes the need for a review of the Lobbying Act to ensure all forms of government advocacy, including grassroots lobbying and strategic consulting, are being captured for reporting purposes.

According to the Times Union, Gov. Cuomo said he is willing to delay budget negotiations in exchange for an ethics reform package from the Legislature, incorporating the recommendations of the JCOPE.

The entire report is available here.

A federal lawsuit has been filed against Gov. Andrew Cuomo in an attempt to force the governor to call a special election for the congressional vacancy left by former Rep. Michael Grimm. Grimm resigned from Congress in early 2015 after pleading guilty to felony tax fraud.

By law, Cuomo must call a special election to fill the seat and such election must take place 70 to 80 days after it is announced. However, the governor has no present plans of calling a special election, angering the constituents of Grimm’s former district, which encompasses Staten Island and southern Brooklyn.

The suit alleges constitutional violations and requests the court to compel Cuomo to call a special election.

Judge Jack Weinstein of the U.S. District Court for the Eastern District of New York will hear the case on February 13, 2015.

Photo of Governor Cuomo courtesy of Pat Arnow on Wikipedia.

Assemblyman Carl Heastie has been elected speaker of the New York State Assembly. The election was held due to outgoing speaker Sheldon Silver being arrested on federal corruption charges.

Heastie, a Democrat from the Bronx, has served in the Assembly since 2000. He is the first speaker from the Bronx, and also the first African-American to be speaker.

Photo of Assemblyman Carl Heastie courtesy of the New York State Assembly website.

A bill introduced in the New York Senate would impose new reporting requirements on lobbyists and lobbyist employers, as well as limit political contributions from lobbyists and certain other persons. The bill also contains pay-to-play restrictions.

Senate Bill 02505 requires lobbyists, certain business entities, persons with ownership interests or senior level management within such entities, and family members of any of the foregoing to file campaign finance reports when making contributions to the governor, lieutenant governor, attorney general, comptroller, and state legislators.

The bill further limits the amount of any contribution made to any of those offices or associated political committees. The bill requires lobbyists and lobbyist employers to disclose contributions to the governor, lieutenant governor, attorney general, comptroller, and state legislators on their periodic reports.

Senate Bill 02505 requires state contractors with contracts totaling more than $50,000 and persons who own more than 10 percent of any business entity having such a contract, senior management personnel in such a business entity, and family members of the foregoing persons to file campaign finance reports. The bill also limits contributions from such persons to the governor, lieutenant governor, attorney general, comptroller, and state legislators and affiliated political committees for the duration of the qualifying contract.

Senate Bill 02505 was referred to the Senate Committee on Finance on January 28, 2015.

State Rep. Sheldon Silver will no longer be speaker of the New York State Assembly beginning Monday, February 2, 2015. Silver was arrested on federal corruption and bribery charges earlier this month. It is not clear whether Silver is resigning voluntarily or being forced out by a vote.

Silver said, “I won’t hinder any succession process . . . [but] I will be a member of this house. I was elected by my constituents and I do not intend to resign my seat in this house.”

Assembly Majority Leader Joe Morelle will serve as the acting speaker until an election for a new speaker is held on February 10, 2015.

Assemblyman Sheldon Silver, speaker of the New York State Assembly, was arrested on federal corruption charges. He is accused of taking millions of dollars in bribes. Mr. Silver, a Democrat, has served as speaker for more than 20 years.

According to the New York Times, the corruption charges stem from accusations of using his position to obtain corrupt payments misrepresented as referral fees from a law firm; funneling state research funds and other benefits to a doctor who in return referred asbestos claims to the law firm where the speaker worked; and secretly helping real estate developers win tax breaks.

In New York, state legislators who are charged with crimes can continue to serve unless and until convicted of a felony, at which point the legislator must leave office.

The New York City Campaign Finance Board’s newly approved rules permitting candidates enrolled in the public matching funds program to receive contributions via text message took effect January 20, 2015.

The rules permit public funds to match the text message contribution once those contributions are paid via the contributor’s phone bill.

The rules further establish record keeping requirements for text message contributions and a process to certify the identity of the contributor.

Photo of Manhattan courtesy of AngMoKio on Wikipedia.

The New York City Campaign Finance Board experienced a phishing attack of its email system this morning.

The board instructs any users who have received an email from any staff member referencing an “Invoice Paid” in the subject line to delete the message immediately. Call (212) 409-1800 with questions.

In its December 11, 2014, meeting, the New York City Campaign Finance Board approved rules implementing Local Law 116 of 2013, which permits candidates receiving public matching funds to receive contributions via text message.

The rules permit public funds to match the text message contribution once those contributions are paid via the contributor’s phone bill. The rules further establish record keeping requirements for text message contributions and a process to certify the identity of the contributor.

The rules will take effect 30 days after final publication in The City Record.

The New York City Campaign Finance Board has proposed rules regulating political contributions by text message. The rules set forth the eligibility requirements for public funds matching of text message contributions, the process of record keeping requirements for such contributions, and requirements of contributors to certify their identities when making text message contributions.

The rules are open for public comment until November 20, 2014. A public hearing is scheduled for Monday, November 24, 2014 at 10:00 a.m.

The Joint Commission on Public Ethics has developed online ethics training, as required by the New York Legislative Law. Enrollment in the online training is available here.

All registered lobbyists, including principals, must complete the online training.

All lobbyists registered for both the 2011-2012 and 2013-2014 biennia must complete the online training by December 31, 2014. Beginning in 2015, all registered lobbyists will be required to complete the training once every three years.

The Suffolk County Legislature introduced an ordinance amending the county’s lobbying law. Resolution No. 1658-2014 expands the definition of lobbying to include attempts to influence county agencies with respect to the procurement of goods, services, or public works. The ordinance also changes the overseeing body of lobbyist filings from the Clerk of the Legislature to the Board of Ethics.

The ordinance would further require the Board to develop a protocol to review sources of information that may assist the Board in identifying non-complying lobbyists. This provision is similar to a recent change made to New York City’s lobbying law aimed at identifying non-complying lobbyists.

If passed, the ordinance will take effect January 1, 2015.

The New York Times Editorial Board has declined to endorse Gov. Andrew Cuomo in the New York gubernatorial primary election. Citing Cuomo’s failure to eliminate political corruption in Albany and throughout the state, despite campaign promises to do so, the editorial board wrote, “The state government remains as subservient to big money as ever.”

The board further declined to endorse any candidate in the Democratic primary, because the other candidate, Fordham law professor Zephyr Teachout, “does not have the breadth of interests and experience needed to govern a big and diverse state.”

Cuomo is heavily favored in the primary as he is the incumbent and has amassed vastly greater resources than his opponent. The New York state primary election will take place on September 9, 2014.

Photo of Gov. Andrew Cuomo by Diana Robinson on Wikimedia Commons.