Under New York ethics regulations, a registered lobbyist, under certain circumstances, must report the names of each source of funding of more than $5,000 from a single source used to fund the lobbying activity reported and the amounts received from each identified source. The Joint Commission on Public Ethics (JCOPE) can grant an exemption to this disclosure requirement if such disclosure would put contributors at risk of harm, threats, harassment, or reprisals.

Recently, the JCOPE denied an exemption to Family Planning Advocates, the New York Women’s Equality Coalition, New Yorkers for Constitutional Freedoms, and the New York Civil Liberties Union. The groups appealed the ruling to an independent judicial hearing officer who must determine whether the denial of an exemption was clearly erroneous in view of the evidence of record.

On July 11, 2014, George C. Pratt, the presiding judicial hearing officer, reversed the JCOPE’s denial of the exemption, finding the commission’s decision to be clearly erroneous in light of the specific evidence presented. In his decision, Pratt stated the advocacy groups had experienced several incidents over a period of years showing a pattern of threats and manifestations of public hostility. As a result of Pratt’s ruling, all four groups will be granted an exemption from the donor disclosure requirement.

Rep. Charlie Rangel has likely defeated challenger state Sen. Adriano Espaillat in a hotly contested Democratic primary for New York’s 13th Congressional District. The district covers parts of New York City, including Harlem and the Bronx.

While some news sources report the race is too close to call, with 100 percent of the precincts reporting, Rangel leads by 1,828 votes. Espaillat has not yet conceded the race because absentee and provisional ballots still remain uncounted. There are 980 valid absentee ballots and an unknown number of provisional ballots, all of which will be counted on July 2, 2014.

There is no Republican challenger for the 13th District seat so a win in the primary guarantees the victor a seat in Congress.

Rangel has served 22 terms in Congress and was once the chairman of the Ways and Means Committee. The veteran congressman has defeated Espaillat once before in the 2012 Democratic primary, winning by less than 1,000 votes.

The Joint Commission on Public Ethics has created a tip line and website allowing the public to report alleged ethical violations by state officials and lobbyists, including improper gifts, conflicts of interest, nepotism, abuse of power, and sexual harassment.

To report violations, call 1-800-87-ETHICS or visit http://reportmisconduct.ny.gov.

The New York State Board of Elections will no longer enforce the $150,000 yearly aggregate limit on political contributions from individuals. In its May 2014 meeting, the board determined the limit can no longer be enforced in light of recent federal court decisions.

New York campaign finance law imposes a similar aggregate limit of $5,000 on a corporation’s yearly contributions. The board made no ruling with regard to the corporate limit; however that limit is currently being challenged in federal court.

In late 2013, the New York City Council passed Local Law 129 of 2013, making many changes to current lobbying law in the city and surrounding boroughs. Many of the new law’s provisions are effective today, May 16, 2014.

The definition of lobbying is revised to include attempts to influence legislation not yet introduced, legislation at the state and federal level, and mayoral executive vetoes. It is also revised to include attempts to influence the agenda or calendaring of a meeting of a board or commission. The revised definition excludes architects and engineers as lobbyists under certain parameters, and the law now imposes a $10,000 registration threshold for such individuals should they undertake lobbying activities. The registration threshold for all other lobbyists is $5,000.

Local Law 129 of 2013 requires more detailed disclosure on the statement of registration and on periodic reports. The new law further establishes a first-of-its-kind amnesty program, allowing noncomplying lobbyists to enroll in the program and be exonerated of late filing fees and applicable civil and criminal penalties dating back to December 10, 2006.

Provisions taking effect in the future include a mandatory lobbyist training program and the practice of the city clerk reviewing sources of information such as state lobbyist filings and the Doing Business Database to identify lobbyists required to register who have not done so.

Photo of the New York City Hall courtesy of Momos on Wikimedia Commons.

The New York City Council has introduced legislation imposing increased independent expenditure disclosure requirements. Introduction No. 148-A requires any electioneering communications to include the phrase “paid for by,” whether typed or spoken, followed by the identity of the top five donors to the organization sponsoring the communication.

Campaign Finance Board Executive Director Amy Loprest testified before the council on April 25, 2014, supporting the legislation. In support of the bill, Loprest stated, “Providing voters with clear information about who is responsible for these campaign messages will reduce the likelihood of confusion among voters.”

Photo of the New York City Hall by Momos on Wikipedia.

The U.S. District Court for the Southern District of New York struck down a campaign finance law limiting contributions to super PACs. Sections 14-114(8) and 14-126 of the New York Election Law impose an annual aggregate contribution limit of $150,000 per contributor. Plaintiff New York Progress and Protection PAC challenged the aggregate contribution limits on First Amendment grounds.

The committee, although ruled by the court to be an independent expenditure committee, was formed to support the candidacy of Republican Joseph Lhota, the unsuccessful New York City mayoral candidate in 2013.

Judge Paul A. Crotty, citing the precedent established in Citizens United and McCutcheon, enjoined New York’s aggregate contribution limit as applied to independent expenditures.

The Joint Commission on Public Ethics (JCOPE) rejected a request made by several activist groups to grant an exemption from the donor disclosure requirement provided by New York law. Under the ethics law, a registered lobbyist, under certain circumstances, must report the names of each source of funding over $5,000 from a single source used to fund the lobbying activity reported and the amounts received from each identified source.

Under the same law, the JCOPE can grant an exemption to the donor disclosure requirement if that disclosure would put contributors at risk. The party requesting the exemption must demonstrate that the disclosure of their donors would cause harm, threats, harassment, or reprisals.

The JCOPE denied the exemption requested by Family Planning Advocates, the New York Women’s Equality Coalition, New Yorkers for Constitutional Freedoms and the New York Civil Liberties Union. The groups can appeal the decision to an independent judicial hearing officer within 15 days of the JCOPE’s written ruling, which has not yet been completed.

At the same meeting, the commission also limited one exemption that it had already granted to NARAL Pro-Choice NY by scheduling the donor disclosure exemption to expire with the group’s next filing.

New York’s City Council passed legislation this week containing many changes to lobbying regulations. The majority of the law’s provisions take effect May 8, 2014.

As part of the new law, the definition of “lobbying” has been expanded to include attempts to influence “any determination made by an elected city official or an officer of employee of the city to support or oppose any state or federal legislation, rule or regulation.”

This provision is unique because very few cities regulate lobbying a city official to weigh in on state or federal policy. The new law also directs the City Clerk to search for noncompliance with registration requirements by scouring public records.

Further, lobbyists will be required to file six periodic reports each year, up from four reports under the outgoing law. Also, as of January 1, 2014, the registration threshold will increase from $2,000 to $5,000 per calendar year.

Photo of Manhattan by AngMoKio in Wikimedia Commons.

The Joint Commission on Public Ethics is performing maintenance on its Lobbying Online Filing System beginning today.

The system will not be accessible starting Friday at 4 p.m. through Monday until 8:00 a.m.

Filers will be unable to log into the system and no electronic filings or amendments will be accepted while the system is down.

Also, the data contained in the system will not be accessible by the public during the shutdown.

The Second Circuit Court of Appeals has reversed a District Court ruling, denying a preliminary injunction on campaign contributions to independent-expenditure PACs. The lawsuit was filed by New York Progress and Protection PAC, who alleged that a wealthy donor, Shaun McCutcheon, pledged to donate $200,000 to the PAC in support of Joseph J. Lhota, a NYC mayoral candidate. McCutcheon’s donation, however, would exceed the contribution limit of $150,000 to independent-expenditure committees set by New York law.

The Circuit Court granted the injunction, stating the contribution limits are “likely unconstitutional” and the claim has a substantial likelihood of success. The Court further noted the plaintiffs would face irreparable harm if the injunction was not granted.

The donor in question, Shaun McCutcheon, is also embroiled in a similar suit before the Supreme Court of the United States, challenging the federal limits to campaign contributions.

Democratic mayoral candidate William Thompson conceded and threw his support behind leading vote-getter and fellow Democrat Bill de Blasio.

However, because Thompson failed to withdraw from the race by the September 13 deadline, the mayoral runoff will continue to appear on the runoff ballot.

The runoff election is set for October 1, 2013.

De Blasio will face Republican Joe Lhota in the November 5 general election.

Photo of the New York City skyline by AngMoKio on Wikimedia Commons.

Several members of city council announced the introduction of legislation to reform independent expenditures made in the city. The legislation would close a “loophole” in state campaign finance law allowing limited liability companies to give at the individual aggregate contribution limit of $150,000 instead of the corporate aggregate limit of $5,000. Such a change would only apply to city elections.

The legislation would also require the disclosure of the top donors to independent expenditure communications.

Finally, the legislation would force any independent expenditure communication to inform voters the communication was not subject to the city’s campaign finance laws.

Photo of the New York City Hall by Momos on Wikipedia.

First there was Arthur Branch. Then came Jack McCoy. Now it’s Charles Hynes’ turn to star as a New York City district attorney on the small screen. Only Hynes is not an actor or a character, he is an actual district attorney who is in the middle of a fierce campaign to keep his job. And his main opponent for the Democratic nomination is crying foul.

Abe George is suing Hynes, his committee, and CBS in New York over what he calls illegal campaign contributions. CBS is producing and has aired the first episode in a six-part reality series titled Brooklyn D.A. This reality series will follow Hynes and the rest of the Kings County District Attorney’s Office as they do their job for the cameras.

George is not pleased with the free publicity Hynes will be receiving since they are in a heated campaign to garner the Democratic nomination for the position. He believes the air time should be considered a campaign contribution, and with the series’ value over the $5,000 limit, he believes it is an illegal contribution.

Hynes has been the district attorney in the county since 1989, and George believes he is willing to do anything to stay in power. “[He] has been the Brooklyn district attorney since 1989 and has operated under a mounting public perception that he will do anything, including misusing his broad prosecutorial powers, to achieve political gain for himself.”

CBS disagrees with George’s assertion and refuses to stop airing the show.

Sonya McNair, spokeswoman for CBS News, said, “We are surprised that this candidate would not know about the First Amendment. This is obviously a publicity push by a politician.”

For what it’s worth, Hynes believes this show will guarantee a victory for his campaign. He said, “If they couldn’t take me out then, boy, you’ll never be able to take me out now.”

The next episode of Brooklyn D.A. airs Tuesday, May 28, at 10:00 p.m. on CBS.

Photo of Charles Hynes courtesy of the Metropolitan Transportation Authority of the State of New York on Wikipedia.