Q: I’ve had a few discussions with legislators in Washington. Do I need to register?

A: Unlike some states that require registration before you begin lobbying, Washington is not a “first toe in the water state.” As a result, there are some activities that you can engage in before or without the need to register as a lobbyist.

Washington requires you to register as a lobbyist once you have either conducted lobbying activities for more than four days, or parts of four days, in a three-month period, or made total expenditures exceeding $35 in a three-month period for or on behalf of public officials. So, if your lobbying activity is extremely sporadic and limited, you may not need to register.

But Washington also has a relatively narrow definition of what constitutes lobbying. Lobbying is defined as an attempt to influence the passage or defeat of any legislation or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency. This definition excludes acts of goodwill lobbying, like small-talk with lawmakers or general relationship-building with public officials. But, be mindful of your activities, because if your small-talk conversation turns to shoptalk about a specific issue or piece of legislation, then that conversation will put you closer to crossing the lobbying registration threshold.

Similarly, the state’s lobbying law carves out several activities that it does not consider lobbying. If you limit your activities to appearing before public sessions of committees of the legislature or public hearings of state agencies, then you will not need to register. Similarly, activities by persons whose participation was solicited by an agency under a negotiated rulemaking or pilot rulemaking agency will not, by themselves, require you to register as a lobbyist.

More information about registration requirements can easily be found on our website in the Registration section of the Lobbying Compliance Guidebook.

The Aurora City Clerk’s Office increased campaign finance contribution limits August 1 following a city code mandate.

A person, political committee, or non-municipal political organization may not make aggregate contributions to a candidate committee or recall defense committee more than $450 to any one candidate in any one ward race or more than $1,150 to any one candidate in any at-large or mayoral race.

A small donor committee is limited to aggregate contributions to a candidate committee or recall defense committee of $4,500 to any one candidate in any one ward race or $11,500 to any one candidate in any at-large or mayoral race.

The adjustments are based on an amount calculated by the Colorado Secretary of State as prescribed in the Colorado Constitution.

Twelve candidates are running in the September 5, 2023, Democratic special primary for Rhode Island’s 1^st Congressional District.

The special election will take place November 7 and will be the first congressional special election in Rhode Island since the 1967.

The seat became vacant following incumbent Democratic Representative David Cicilline’s resignation to become the CEO of the Rhode Island Foundation. 

The veto session ended on July 25 with Gov. Janet Mills giving her comments on a sustained veto of a bill seeking to prohibit campaign spending by entities influenced by foreign governments.

According to Mills, the bill poorly defined what is foreign government influence and would have the unintended consequence of effectively silencing legitimate voices, including Maine based businesses, in debates that would impact their interests. 

Mills hopes to find a way to prevent foreign influence in elections by enacting a more narrowly tailored and easily understood statute. The issue has another chance to pass as a ballot measure in November. 

New York Gov. Kathy Hochul scheduled a special election following the resignation of Assemblyman Dan Rosenthal.

The election to fill the vacancy in Assembly District 27 will be held on September 12.

Rosenthal, who was first elected at 26, is backing Sam Berger who is 25 years old and the son of a Democratic district leader.

The landscape of the Pennsylvania House of Representatives shifted with the recent resignation of Democratic member Sarah Innamorato.

The resignation leaves the Legislature tied, with the partisan breakdown now sitting at 101-101.

Democratic Speaker Joanna McClinton scheduled a special election for the Allegheny County District 21 seat to take place September 19.

The Campaign Finance and Public Disclosure Board issued a Request for Comments regarding the possible adoption, amendment, and repeal of rules governing campaign finance regulation and reporting; lobbyist regulation and reporting; audits and investigations; and other topics, in Minnesota Rules, chapters 4501 through 4525.

The board may consider other rule topics that arise during the rulemaking process.

Meetings will be open to the public and interested parties will have the opportunity to comment on the proposed rule topics and language.

Information related to the rulemaking, including how to comment, how to sign up for the rulemaking notice list, the dates of upcoming subcommittee meetings, copies of official documents, and draft rules will be posted at cfb.mn.gov/citizen-resources/the-board/statutes-and-rules/rulemaking-docket/.

The 9th U.S. Circuit Court of Appeals found that California’s Government Code §3205, which bars employees of local governmental entities from soliciting political contributions from coworkers but places no such restriction on state employees, is unconstitutional.

U.S. Circuit Judge Marsha S. Berzon held the statute’s discrimination against local employees is not justified under any arguably applicable standard.

Berzon specified that the case, Progressive Democrats for Social Justice v. Bonta, was decided on First Amendment principles, not equal protection concerns.

The Legislature adjourned the special session on July 11 after passing the abortion restrictions Gov. Kim Reynolds requested in calling the special session.

Senate File 579 prohibiting abortion if there is a detectable fetal heartbeat passed both houses in one day.

Ohio State House Speaker Jason Stephens called on Rep. Bob Young to resign after he was charged with a felony count of disrupting public services and two misdemeanor counts of domestic violence.

Young is currently in his second term representing House District 32, which includes portions of southern Summit County.

If Young resigns, the vacancy will be filled by a majority vote of House members who are affiliated with the same political party as the person last elected to the vacant seat.

Gov. Kay Ivey announced the special election date for House District 16.

The seat was previously held by Rep. Kyle South, whose resignation went into effect June 30.

South will become the CEO of the Chamber of Commerce of West Alabama.

The special primary election will take place on September 26.

If necessary, a special primary runoff will be held October 24.

The special general election will be held on January 9, 2024.

Lawmakers in the Democratic-controlled House and Senate completed their final session for the year and adjourned sine die on March 30.

Bills related to campaign finance and lobbying reports were passed and signed by the governor.

Senate Bill 255 requires campaign finance reports to be filed 42 days before any election instead of just general elections.

Senate Bill 1630 increases penalties for repeated late filings of lobbyist reports by $50 for each successive violation.

Both bills are effective 90 days after the adjournment.

Lawmakers passed a campaign finance bill to double contribution limits and define terms regarding in-kind donations.

Senate Bill 846 raises the individual contribution limit from $1,000 to $2,000 per year and doubles permitted anonymous donations from $100 to $200.

In an effort to police in-kind contributions, fair market value is defined as the usual and normal charge for goods and services.

The bill became effective without the governor’s signature on June 27.

State Rep. David Cote (Hillsborough District 3) resigned on Wednesday, July 5.

Cote was first elected to the state’s House of Representatives in the 1980s and was never sworn in after winning the 2022 election due to health concerns.

In 2021, he was among the plaintiffs in a federal lawsuit arguing that requiring ill lawmakers to attend in person during the coronavirus pandemic violated the Americans with Disabilities Act.

A federal judge denied the plaintiffs request for a preliminary injunction, and the case remains unsettled. With his resignation, the Legislature now has three vacant seats.