The Oklahoma Ethics Commission’s newly promulgated Revised Constitutional Ethics Rules, effective at staggered intervals, significantly amend lobbying and campaign finance laws. Lobbyist registration provisions were effective December 1. Rules outlining lobbyist reporting due dates are effective February 1, 2015. All other revised rules were effective January 1, 2015. Except as may otherwise be provided, all current rules under Title 74, Chapter 62-Appendix, of the Oklahoma Statutes were repealed on January 1, 2015. O.S. §257:23-1-2, as it pertains to lobbyist reporting requirements, will remain effective until January 31, 2015.

Lobbyists were required to register online in December for calendar year 2015. There are now separate registration requirements dependent upon whether a lobbyist is a legislative lobbyist, executive lobbyist, or legislative liaison. Legislative lobbyists and legislative liaisons will be required to file monthly reports from February to July; executive lobbyists will file quarterly reports.

The revised rules also place new limits on lobbyist expenditures. Each lobbyist will be permitted to spend up to $500 per calendar year for meals for the governor, a legislator, or their staff. Moreover, lobbyists may spend up to $200 per year on certain gifts other than meals, provided the total for all meals and gifts does not exceed $500. New provisions also allow lobbyist principals to provide food and beverage for professional conferences, seminars, and similar events held outside the geographical boundaries of the state, subject to certain restrictions.

Changes to campaign finance laws include a new registration threshold for political action committees (PACs), new campaign contribution limits, specific reporting for out-of-state and federal PACs, and amendments to some reporting requirements. A PAC will be required to register within 10 days of receiving contributions or making expenditures in excess of $1,000. Certain contribution limits will increase and family contribution limits will no longer exist. Limited PACs registered for less than a year or that have fewer than 25 contributors will be permitted to contribute only half the amount of other limited PACs.

This article provides a summary of the major changes to the Revised Constitutional Ethics Rules. It is not exhaustive and additional changes have been made. A final annotated version of the rules is accessible on the new Ethics Commission website at http://www.ok.gov/ethics/.

Oklahoma’s Revised Constitutional Ethics Rules will go into effect at staggered intervals between December 2014 and February 2015. The new rules will affect the majority of lobbying and campaign finance laws.

Provisions pertaining to lobbyist registration are effective December 1. Registration expiration and renewal dates will not change, but electronic registration will be required.

Current provisions related to lobbyist reporting dates will remain in effect until January 31, 2015, to facilitate end of year filings. The new lobbyist reporting provisions are effective February 1 with the first report due electronically on February 6 for both legislative and executive lobbyists.

All campaign finance  provisions take effect January 1, 2015.

The Oklahoma Ethics Commission will consider a rule amendment permitting it to collect registration fees from lobbyists, lobbyist principals, political action committees, and candidate committees. The proposed amendment would also allow the executive director to establish and collect registration fees from those participating in training events or educational classes and seminars.

If the amendment is approved, the commission would be required to publish a fee schedule on July 1 of each year beginning in 2015. There will be a public hearing and possibly a vote on the proposed amendment during the September commission meeting.

Paula Sophia, the first openly transgender officer in Oklahoma City Police Department history, is vying to become the state’s first openly transgender legislator. Sophia received enough votes in Tuesday’s primary to force a runoff for the Democratic nomination to represent Oklahoma House District 88.

Sophia will face former pastor Jason Dunnington in an August 26 runoff. There is no Republican challenger; the winner will bypass the general election as a member of the state legislature.

U.S. Rep. James Lankford defeated former Oklahoma Speaker of the House T.W. Shannon in Tuesday’s GOP Senate primary. In November, Lankford will face the Democratic nominee for the state’s open U.S. Senate seat.

The seat became available after GOP Sen. Tom Coburn announced plans to step down with two years remaining on his term due to a recurring cancer battle.

Lankford is expected to win the seat easily in the deep-red state; Republicans hold every statewide office and both state legislative chambers.

Oklahoma Gov. Mary Fallin signed three ethics bills into law on Monday, May 19. The new laws coincide with proposed Ethics Commission Rules affecting the regulation of lobbyists and campaign finance.

The Rules, promulgated by the Ethics Commission in January, were submitted to the governor and both houses of the legislature on February 4, 2014. If the legislature does not reject them in their entirety prior to adjournment sine die, the Rules will become effective at staggered intervals between December 1, 2014 and February 1, 2015.

The three bills recently signed into law will become effective January 1, 2015 to facilitate the change in ethics rules. Senate Bill 1744 modifies campaign finance definitions, removes statutory contribution limits, and instead, references the limits established by the state Ethics Commission. The measure also prohibits contributions from corporations, labor unions, LLCs, and partnerships except as allowed by law or in the Ethics Commission Rules.

Senate Bill 1745 gives the Ethics Commission jurisdiction over municipal races and establishes enforcement mechanisms to coincide with local campaign finance laws.

Lastly, Senate Bill 1746 deletes statutory lobbyist registration and reporting requirements and, instead, references Ethics Commission Rules. The newly signed legislation moves the state one step closer to much needed ethics reform.

Gov. Mary Fallin called for special elections to fill the seat vacated by Sen. Jerry Ellis. Ellis left two years remaining in his four-year term because state legislators can serve a maximum of 12 years.

The special elections will be held at the same time as the state’s regularly scheduled elections. The primary will be held on June 24, a potential runoff would be August 26, and the general election will take place on November 4.

The Oklahoma Ethics Commission recently passed a series of rule changes pertaining to political contribution limits. Under the new rules, the dollar restrictions on contributions to state candidates would change from family limits to individual limits.

Each person would be allowed to give up to $2,600 to a candidate per election. The old rules prohibit families from donating more than $5,000 to a candidate in a political campaign.

Lee Slater, executive director of the Oklahoma Ethics Commission, believes the family contribution limit to be unconstitutional as it discriminates against a married person. The new rules, also changing individual contribution limits to political parties and PACs, will go into effect unless they are rejected, in whole, by the Legislature.

State Rep. Mike Reynolds filed hundreds of ethics complaints with the Oklahoma Ethics Commission. The complaints, filed against candidates and legislators, call attention to what he believes is a lack of enforcement.

Most of the violations involved late filings of campaign contribution and expenditure reports. Reynolds reports he spent three weeks, using computer programs he developed, to analyze Ethics Commission data. Lee Slater, the Oklahoma Ethics Commission’s new executive director, declined to comment on the complaints. –

State Rep. Mike Reynolds is criticizing officials at the state Ethics Commission for offering proposed changes to lobbyist reporting and registration, conflict of interest, and financial disclosure rules.

According to Reynolds, “the Ethics Commission seems to be declaring open season for lobbyists on elected officials” as the proposed changes “. . . have the potential of increasing lobbyists’ gifts to lawmakers by hundreds of thousands of dollars each year.”

Opponents of the proposed changes argue expansion of the current guidelines will increase undue influence on elected officials and reduce the efficacy of the commission in and of itself.

On September 9, 2013, the Oklahoma Legislature adjourned its special session sine die.

Gov. Mary Fallin had called the special session to address the issue of how lawsuits are filed, which became a problem after the Oklahoma Supreme Court invalidated a law on that topic. The special session, which began on September 3, produced 23 bills related to lawsuit reform.

In her press release, Fallin stated, “These measures will help to keep jobs in Oklahoma and further our reputation as a business friendly state.”

Governor Mary Fallin issued an executive order calling for legislators to return to the capitol for a special session to begin September 3, 2013.

The order specifies the special session will deal only with the issue of how lawsuits are filed, which became a problem after the Oklahoma Supreme Court invalidated a law on that topic.

The Oklahoma Legislature adjourned sine die one week early on May 24. Adjourning a week early saved $140,000 in expenses for the Legislature, according to The Times Record News.

Governor Mary Fallin, who has pocket veto power, has until June 8 to sign or veto any bills presented to her.

PACs and candidates behind in filing their scheduled reports with the Oklahoma Ethics Commission may be facing thousands of dollars in fines, according to NewsOK.com.

Executive Director Lee Slater will be focusing efforts this summer on clearing up the backlog of PACs and candidates not keeping up with reporting requirements. More than two dozen PACs have not filed their latest quarterly reports due April 30.

The commission can charge each committee or candidate $100 per day for each day it is late filing, with a total maximum penalty of $1,000. NewsOK.com reports the commission will be hiring a hearing officer before it starts to mail out its penalty assessments, anticipating candidates’ guaranteed right to protest.