LobbyComply Blog

State Sen. Rick Brinkley resigned from the Senate just before pleading guilty to federal felony charges on August 20, 2015.

The charges stem from an investigation into misappropriated funds from the Better Business Bureau of Tulsa. A lawsuit filed by the BBB alleges Brinkley used fake corporations to steal more than $1.8 million from the agency.

Brinkley had been the president and CEO of the BBB until 2011 when he became its chief operating officer; he was fired in April of 2015.

A special primary election to fill the Senate District 34 seat will be held on November 12, 2015. If a special general election is needed, it will be held on January 12, 2016.

Following a lawsuit by the Oklahoma Democratic Party, the Oklahoma Ethics Commission has voted to suspend its rules prohibiting fundraising and distribution of election materials on state-owned property. The Commission will suspend enforcement of Rules 2.6 and 2.7 until they are amended to ensure their constitutionality.

The Oklahoma Democratic Party’s lawsuit argued the new rules improperly infringed on free speech.

Ethics Commission Executive Director Lee Slater hopes the move will render the lawsuit moot.

The state Democratic Party has filed suit in federal court against the state Ethics Commission over rules the agency adopted last year.

The Democratic Party argues the new rules, which prohibit fundraising and election material distribution on state-owned property, improperly restrain free speech and, therefore, violate the Constitution.

The party is asking the court to invalidate the rules.

Gov. Mary Fallin has called a special election to fill the seat of state Sen. Rick Brinkley.

A primary election for the District 34 seat will be held on November 10, 2015 and a general election on January 12, 2016.

Sen. Brinkley announced his resignation, effective at the end of the year, amid allegations of embezzling more than $1 million.

The Oklahoma Ethics Commission is reconsidering a disclosure requirement for non-compensated state officers. The purpose of the rule in question is to reveal potential conflicts of interest between public duties and private economic interests of state officers and employees.

Proponents for change argue the disclosure requirements are overly burdensome and duplicative and have diminished the number of people willing to perform public service.

The commission heard public comments on Friday, June 12, and will consider revoking the rule, modifying it, or keeping it in its current form.

The First Regular Session of the 55th Oklahoma Legislature adjourned sine die on May 22, 2015, one week ahead of its scheduled deadline.

The Second Session will convene on February 1, 2016.

Photo of the Oklahoma State Capitol by Caleb Long on Wikimedia Commons.

Oklahoma Gov. Mary Fallin ordered special elections to fill vacancies in Districts 73 and 85 of the Oklahoma House of Representatives. District 85 is vacant due to the death of the Honorable David Dank; District 73 was left vacant after the Honorable Kevin Matthews won the special Democrat primary election for District 11 of the Oklahoma State Senate.

A special primary election will be held for both seats on July 14, and the special general election will follow on September 8, 2015. If a special primary is not necessary, the special general election will be held on July 14.

At its April meeting, the Oklahoma Ethics Commission increased the maximum individual contribution limit for the 2016 election cycle to $2,700.

The increase is the first mandatory increase approved by the commission since its new rules were adopted in 2014; the individual contribution limits will be adjusted automatically in conjunction with the consumer price index.

The new limit is currently in effect and will apply to all 2015 special elections.

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.

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.