City Council passed a city charter amendment requiring individuals and entities making independent expenditures related to municipal ballot questions to file disclosure reports.

Local Law No. 22 of 2023 requires individuals and entities making independent expenditures of $5,000 or more in support or opposition to a municipal ballot proposal or referendum to file independent expenditure disclosure reports.

The new reporting requirement will take effect on January 1, 2024.

New York has expanded the ethics training requirements as part of the new Ethics Reform Act of 2022.

Lobbyists, contractual clients, and beneficial clients will now be required to take the new Ethics for Lobbyists and Clients online course available January 18.

For purposes of training compliance by organizations, the chief administrative officer is responsible for taking the training on behalf of the organization.

Those registered before the course launch will have until March 18 to complete training.

In order to avoid duplicate training, co-lobbyists and sub-lobbyists listed on a 2023-2024 Statement of Registration will not be required to take the training until they submit their own registration.

The New York General Assembly will convene for a one-day special session on December 22 to consider pay raises for lawmakers.

Q: I heard New York City requires registration and reporting for grassroots lobbying? Who is required to register and how do I comply with all the reporting requirements?

A: Yes, if an individual’s compensation or expenditures for grassroots lobbying exceeds $5,000 in the aggregate during a calendar year. Lobbying is considered any attempt to influence city officials, therefore all grassroots campaigns would be considered lobbying. The city law reflects the existing state law requiring registration and reporting for state lobbyists.

Once a grassroots campaign reaches the $5,000 lobbying threshold, bi-monthly periodic reports, an annual report, and fundraising and political consulting reports must be filed. Fundraising and political consulting reports are filed on the same bi-monthly schedule as the periodic reports.

For the bi-monthly periodic reports and the annual report, make sure you keep track of compensation, expenses, subjects lobbied, and names of the person and agencies lobbied. For the fundraising and political consulting reports, you will need to track compensation paid for fundraising and/or political consulting activities, a list of all persons or entities contracted for the purpose of providing fundraising and/or political consulting services, and the total dollar amount raised for each candidate for which such activities were performed.

Don’t forget when it comes to websites, a social media communication constitutes a grassroots lobbying communication when:

1. References otherwise implicate an action covered by the term lobbying or lobbying activities;
2. Takes a clear position on the action question; and
3. Includes a call to action (i.e., solicits or exhorts the public, or a segment of the public, to contact a public official).

When grassroots lobbying through a social media communication is undertaken by an organization, through the organization’s social media account, this activity is reportable lobbying activity by the organization. When grassroots lobbying through a social media communication is undertaken by an individual, through their personal social media account, this activity is not reportable lobbying activity unless such individual is specifically retained by a client for such social media activity. Any expenses incurred to create, promote, place, or otherwise highlight an individual’s personal social media activity are reportable by the party incurring the expenses. A consultant’s activity on a grassroots campaign may be considered reportable lobbying if the consultant controlled the delivery and had input into the content of the message.

Incumbent New York Gov. Kathy Hochul defeated Republican Lee Zeldin.

In a tighter than expected race, Hochul secures her first full term as governor.

The New York General Assembly adjourned its extraordinary session on July 1.

Lawmakers passed new gun safety legislation and approved a proposal to guarantee abortion rights at the state level, taking the first step in a multi-year process to amend the state’s constitution.

This does not affect lobbyist reporting.

Gov. Hochul will reconvene the New York General Assembly for a special session on June 30 to address the U.S. Supreme Court’s decision invalidating a portion of the state’s concealed carry law.

It is not yet clear when the special session will end.

This does not affect lobbyist reporting

The Center for Judicial Accountability filed a lawsuit challenging the validity of the New York Ethics Commission Reform Act of 2022.

The act was passed as part of the state’s budget bill and would replace the Joint Commission on Public Ethics with a new Commission on Ethics and Lobbying in Government on July 8.

The suit, filed with the Albany County Supreme Court, argues the act is unconstitutional and requests it be invalidated.

Petitioner requested an opportunity to be heard on an application for a temporary restraining order and a hearing has been scheduled for June 17.

New York Gov. Hochul announced a special election for U.S. Congressional Districts 19 and 23 to be held on August 23.

The District 19 seat became vacant when Rep. Antonio Delgado resigned to serve as lieutenant governor, and the District 23 seat became vacant when Rep. Tom Reed resigned following allegations of sexual misconduct.

The winners of the special elections will serve the remainder of the two-year terms set to expire at the end of this year.

The New York General Assembly adjourned sine die on Saturday, June 4.

Lawmakers passed Assembly Bill 09006 replacing the Joint Commission on Public Ethics with a new Commission on Ethics and Lobbying in Government effective July 8.

The Commission on Ethics and Lobbying in Government will enforce the state’s ethics and lobbying law, but the change will not affect existing lobbying reporting obligations.

This does not affect lobbyist reporting.

New York Rep. Tom Reed announced his retirement from Congress seven months before his final term was set to conclude.

His resignation comes after the congressman faced allegations of sexual misconduct.

Rep. Antonio Delgado is also expected to resign to become Gov. Hochul’s new lieutenant governor.

Both resignations will trigger special elections for congressional districts that are currently being redrawn.

The New York State Court of Appeals, the state’s highest court, issued a ruling invalidating the state’s new congressional and state senate districts due to gerrymandering.

The ruling will result in the congressional and state senate district primaries being moved from June to August.

It is unclear whether the primaries for governor and state Assembly will also be postponed.

Campaign finance reporting deadlines associated with the postponed primaries will be shifted accordingly.

Assembly Bill 09006C was signed by New York Gov. Hochul and replaces the Joint Commission on Public Ethics (JCOPE) with a new Commission on Ethics and Lobbying in Government effective July 8.

The substantive law enforced by the ethics body was not altered, and all lobbyist reporting and disclosure requirements will remain the same.

The agency’s overhaul is designed to increase greater transparency.

While members of the ethics agency will still be appointed by the governor and legislative leaders, deans at the state’s law schools will comprise an independent review committee charged with approving appointees to the new commission.

Individuals who were registered as lobbyists in the previous two years are prohibited from serving on the commission.

New York Gov. Hochul announced a special election for Assembly District 58 to be held on May 24.

The seat became vacant when Rep. Nick Perry was confirmed by the U.S. Senate as the ambassador to Jamaica.

The winner of the special election will serve the remainder of the two-year term set to expire at the end of this year.