According to the American Civil Liberties Union (A.C.L.U.) and New York Civil Liberties Union (N.Y.C.L.U.), Attorney General Eric Schneiderman will not enforce certain provisions of the ethics law passed in 2016.

Specifically, Schneiderman is holding off on enforcing provisions of the New York Executive Law related to charitable lobbying donations (N.Y.E.L §172-e, f) until a federal lawsuit is decided. Schneiderman and officials from the Joint Commission on Public Ethics are both listed as defendants in the lawsuit filed by the A.C.L.U. and N.Y.C.L.U.

Plaintiffs contend the law requiring 501(c)(3) charities to disclose all their donors who contributed more than $2,500 to a substantial lobbying campaign run by an issue-oriented 501(c)(4) is unconstitutional and they are seeking an injunction prohibiting enforcement the ethics law.

Minutes before midnight on December 12, 2016, Citizens Union (CU) filed a complaint against the State of New York alleging a violation of the First Amendment of the United States Constitution. CU seeks declaratory and injunctive relief from disclosure laws passed in June.

The new laws lowered the annual lobbying spending threshold from $50,000 to $15,000 for 501(c)4 organizations. Additionally, the new laws require 501(c)4 organizations to disclose donors who give more than $2,500. The complaint was filed in the United States District Court for the Southern District of New York.

On November 29, 2016, Daniel Horwitz’s departure as the chairman of the New York State Joint Commission on Public Ethics (JCOPE) was announced at a panel meeting.

Horwitz has been a member of JCOPE since 2011 and the chairman since 2013. A replacement for Horwitz has not been appointed, but Gov. Andrew Cuomo is currently vetting candidates for the position.

A special session may be called for the New York Legislature this December.

Gov. Andrew Cuomo wants a special session to pass a series of ethics reforms he proposed in a statement released on Nov. 16, 2016. Lawmakers are against a special session, but Cuomo is hoping to entice state legislators to return to the capital by promising a modest salary increase.

On November 16, 2016, Gov. Andrew Cuomo released a statement proposing plans to limit campaign contributions and close loopholes for those doing business with the state.

In response to contracting scandals at state universities, Cuomo intends to appoint inspectors general to investigate fraud and abuse at the State University of New York and the City University of New York.

Furthermore, Cuomo will appoint a chief procurement officer to review all state contracts and grants for the purpose of re-establishing public trust. The entire statement can be accessed here.

Photo of Governor Cuomo courtesy of Pat Arnow on Wikipedia.

The New York City Council plans to hear legislation aimed at limiting contributions from contributors who have city business to groups directed or affiliated with an elected official.

The bill, yet to be released publicly, will likely limit contributions to hundreds of dollars and require city or public officials to report contributors annually.

The bill will likely be introduced to City Council within two weeks.

The Office of the City Clerk released an advisory opinion to clarify language in the city administrative code.

Pursuant to Administrative Code §3-211(c), “lobbying” or “lobbying activities” include any attempt to influence any determination made by an employee of the city with respect to the terms of the acquisition or disposition by the city of any interest in real property, with respect to a license or permit for the use of real property of or by the city, or with respect to a franchise, concession or revocable consent.

Due to the above language, builders were concerned obtaining a building permit would be considered lobbying activity. In Advisory Opinion 2016-1, the city clerk concluded an application to the Department of Buildings (DOB) for work permits and any ensuing communications with employees of the DOB are not lobbying or a lobbying activity under the Administrative Code.

Photo of New York City by AngMoKio on Wikimedia Commons.

Rose Gill Hearn, chairwoman of the New York City Campaign Finance Board (NYCCFB), will step down in December.

In Hearn’s September resignation letter, she stated her heavy work load from her primary job as the reason for her departure as chairwoman.

The chairperson of the NYCCFB is appointed by the sitting mayor and serves for five years.

Photo of New York City by AngMoKio on Wikimedia Commons.

The New York Joint Commission on Public Ethics (JCOPE) released a set of proposed lobbying regulations on October 13, 2016. The comprehensive regulations expand the definition of lobbying to include indirect lobbying, like setting up a meeting between a legislator and a lobbyist.

According to JCOPE, the purpose of the proposed regulations is to fully incorporate existing guidelines and decades of advisory opinions.

JCOPE is seeking public comment on the staff proposed regulations until November 21, 2016. Drafts of the rules may be found at http://www.jcope.ny.gov/advice/staffproposal.html.

Nassau County Legislator Judith Jacobs passed away on September 13, 2016.

Jacobs, the presiding officer of the county Legislature, was serving her 11^th term as the District 16 representative.

With more than one year left in her term, Nassau County Executive Edward Mangano has set a special election to fill the Jacob’s seat on November 8, 2016.

The New York City Campaign Finance Board has proposed several rule changes.

Dependent on any amendment to the proposed rules, the board aims at reducing coordination between campaigns and independent expenditure groups by adding two new factors to determine coordination between the two groups. Another proposed rule codifies an advisory opinion stating once an individual has been compensated for a service, he or she may no longer be considered a volunteer for the previously compensated service.

The entire notice of proposed rules can be found at http://www.nyccfb.info/law/rules/proposed-rules. As the public comment period is over, the board will consider feedback and likely adopt the final rules in October. The final rules are required to be published by the city clerk and would become effective 30 days from publication.

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

The New York City Campaign Finance Board has launched a new online tool to track individual contributions to participating 2017 candidates.

The visualization of individual contributions is searchable by office, candidates, geography, and filing period.

The interactive map may be found at http://maps.nyccfb.info/.

On September 9, 2016, New York Assemblyman Bill Nojay took his own life. Nojay was scheduled to appear in U.S. District Court on fraud charges related to mishandling of a trust fund on the day he passed.

Nojay was already listed on the primary ballot for September 13, 2016. If Nojay wins the primary, the seat will default to a vacancy and the GOP will select a replacement.

Nojay’s opponent, Richard B. Milne, has offered his sincerest condolences and has suspended all political activity until further notice.

Photo of Rep. Bill Nojay courtesy of the New York State Assembly website.

Today, Gov. Andrew Cuomo signed Senate Bill 8160, part of his five-point ethics reform package introduced earlier this year. Effective immediately, individuals working in public relations are no longer required to register or report as lobbyists.

Other major changes to lobbying law will take effect 30 days from today. The most important of these changes are: lobbyists and lobbyist employers will face lower reporting thresholds, and 501(c)(4) organizations engaged in lobbying activity will be required to disclose all donors, including 501(c)(3) organizations.

In the realm of campaign finance, the new reform provides definitions and permissible actions for two types of political committees and increased disclosure from PACs.