On December 19, the Joint Commission on Public Ethics launched the system-generated Client Semiannual Report (CSA) feature on the state’s online Lobbying Application system.

Contractual clients who lobby on their own behalf and do not utilize the services of any retained lobbyists are not required to file CSA reports.

Instead, system-generated CSA reports will be created with information directly imported from filed lobbyist bimonthly reports covering the applicable reporting period.

The system will not create a system-generated CSA if an Employed Principal Lobbyist has submitted a CSA report for the January to June reporting period.

Also, contractual clients are still required to disclose sources of funding or indicate source of funding reporting is not required.

No filing fee is required for system-generated CSA reports except to add retained lobbyist information.

Adding retained lobbyists requires a $50 filing fee and filing CSA reports going forward.

The New York Joint Commission on Public Ethics (JCOPE) announced the commission will require 2019 bimonthly reports due in September and later to include the level of specificity required by lobbying regulations.

The commission will require lobbying activity information to correctly disclose the focus type, focus (including the specific bill, resolution, or executive order), the identifying number, description of the focus, type of lobbying communication, and names of the party lobbied.

Lobbyists may be required to amend previously filed reports in September and November to comply with the specificity requirements.

JCOPE has produced a guideline, “How to Properly Disclose Lobbying Activities” on their website outlining the required information required for proper disclosure.

The New York Campaign Finance Reform Commission released their report containing recommendations regarding the creation of a public campaign finance system and reforms to the state election laws.

The commission proposes to create a voluntary public campaign finance system for statewide and legislative candidates.

The public campaign finance system establishes reporting requirements for participating candidates and sets initial eligibility requirements for the program.

The commission also proposed lowering campaign contribution limits for candidates seeking statewide office to $18,000.

Contribution limits for candidates seeking the office of state senator and assembly member would also be lowered to $10,000 and $6,000, respectively.

Contribution limits would be divided equally between primary and general elections and applied to both participating and nonparticipating candidates in the proposed public campaign finance system.

The commission’s recommendations become effective December 22, unless the Legislature supersedes the report’s proposals by statute.

The Joint Commission on Public Ethics (JCOPE) sent out a statement clarifying an earlier email reminder regarding lobbyist bimonthly filings due this week.

The previous email reminder was sent out to JCOPE’s distribution list containing clients, lobbyists, and other entities no longer registered in New York.

The email reminder was only relevant for lobbyists filing bimonthly reports covering the period of September through October.

Client filings are not due again until January 15, 2020.

On Election Day, voters approved Ballot Question 3, Ethics and Governance.

The proposal amends the city charter by extending the post-employment appearance ban for elected officials and senior appointed officials.

Additionally, the proposal limits political activity and donations by members of the Conflicts of Interest Board (COIB).

City elected officials and senior appointed officials will be prohibited from appearing before the agency or branch of government they served in after leaving service for two years. The current rule is one year.

The amendment would also prohibit members of the COIB from participating in campaigns for local elected office.

Furthermore, the amendment reduces the maximum amount members can contribute in each election cycle.

The post-employment ban would become effective January 1, 2022.

On October 1, the U.S. District Court for the Southern District of New York ruled state laws enacted in 2016 requiring disclosure of donors to tax exempt organizations to be invalid.

In Citizens Union of the City of New York, et al., v. Attorney General of the State of New York, the U.S. District Court found provisions in the state’s ethics laws requiring entities exempt from federal taxation under 26 USC §§501(c)(3) and 501(c)(4) to publicly report donors under certain circumstances to be unconstitutional.

The district court found the disclosure of funding sources requirement for 501(c)(3) entities making an in-kind donation over $2,500 to a 501(c)(4) entity engaged in lobbying violates the First Amendment because it chills speech and burdens donors’ rights to free association and privacy.

The district court also struck down the rule requiring 501(c)(4) to publicly disclose donors if the entity makes a public statement that refers to the position of an official regarding any potential legislation.

The second provision was found to intrude on donors’ right to express opinions anonymously.

The Joint Commission on Public Ethics (JCOPE) launched new search function capabilities from its lobbying application.

JCOPE website users can now choose “Lobbying Focus” to search for recorded lobbying on specific bills, resolutions, and regulations at both the state and municipal levels.

The new “Parties Lobbied” tool allows users to see which specific agencies or lawmakers were lobbied and on what subject.

The public search is available at https://jcope.ny.gov/lobby-data-demand.

On July 24, The New York City Charter Revision Commission released a final draft report on proposed amendments to the city charter.

The commission proposed Ballot Question 3 relating to ethics and governance including extending the post-employment appearance ban for elected officials and senior appointed officials.

Additionally, the question limits political activity and donations by members of Conflicts of Interest Board.

The proposal would increase the prohibition of city elected officials and senior appointed officials from appearing before the agency or branch of government the official served in after leaving service from one year to two years.

The amendment would also prohibit members of the COIB from participating in campaigns for local elected office and reduce the maximum amount members can contribute in each election cycle.

Voters will be presented the proposals on the November 5 general election ballot.

If passed, the proposed post-employment ban would become effective January 1, 2022.

The New York State Joint Commission of Public Ethics announced an extension for the submission of bimonthly reports for the May to June reporting period until July 31.

JCOPE extended the deadline due to ongoing technical difficulties with the online Lobbying Application.

This extension corresponds with the previously announced extension for client semiannual reports and source of funding disclosures.

The commission is working to fix the issues and further updates will be announced on the JCOPE website.

On July 11, the New York Joint Commission on Public Ethics launched the ability to file client semi-annual reports and source of funding information through the online Lobbying Application for the 2019-2020 reporting period.

JCOPE has granted an extension to all clients to file the client reports until July 31.

The extension only applies to semiannual reports and source of funding disclosures; lobbyist bimonthly reports are still due on July 15.

JCOPE has also produced a guideline “How to Properly Disclose Lobbying Activities” on their website to assist proper disclosure.

The New York State Legislature adjourned on June 21.

During the legislative session lawmakers passed a bill closing a limited liability company loophole regarding contribution limits.

The bill limits annual political spending by an LLC to $5,000, the same limit as corporations.

The Legislature also passed election reforms relating to early voting, creating a unified June primary for federal and local elections, and upgrading election technology.

The New York Joint Commission on Public Ethics will be enabling the ability to file client semiannual reports and source funding disclosures through the online Lobbying Application on July 8.

Due to the short time frame of enabling the ability to file online and the statutory due date, JCOPE has granted an extension to submit client reports until July 31.

The extension only applies to semiannual reports and source of funding disclosures; lobbyist bimonthly reports are still due on July 15.

The New York City Campaign Finance Board will hold a public hearing on proposed amendments to the Campaign Finance Program.

Amendments address disclosure, contributions, expenditures, public fund payments, and disclosure of independent expenditures.

Proposed rules amend and clarify the following sections:

• The reporting requirement of an in-kind contribution’s fair market value
• The next contribution limit adjustment to occur in 2022
• Enumerate the categories of prohibited contributions
• Cash contributions from a single source
• Attribution of expenditures after the date of a contested primary
• Update other provisions of the Campaign Finance Program

The public hearing on the proposed rules will take place on June 13.

Gov. Andrew Cuomo signed three bills relating to elections and campaign finance on January 24.

Assembly Bill 776 requires limited liability companies making expenditures for a political purpose to file with the State Board of Elections the identity of all direct and indirect owners of the membership interests and the proportion of ownership in the LLC.

Assembly Bill 779 creates a consolidated statewide primary election date and changes the protocol for calling a special election.

Senate Bill 1102 enacts early voting in the state.

Assembly Bill 779 and Senate Bill 1102 are effective immediately, and Assembly Bill 776 is effective January 31.