The Office of the City Clerk has proposed amended rules to chapter 1 of title 51 of the Rules of the City of New York pursuant to the enactment of Local Law 129 of 2013, which amended the city’s lobbying law.

The rules propose the following: set forth the procedure for enrolling in e-Lobbyist; define the roles of principal officer, designee, and compliance officer; provide requirements for retainers and authorization letters; indicate when filing extensions may be obtained; set forth the procedures for obtaining a waiver of late filing penalties; establish enforcement procedures; and create an amnesty program.

The amnesty program sets forth eligibility criteria for lobbyists and clients who have not previously complied with the city’s lobbying law, allowing such individuals to come into compliance without penalty for a given period of time.

A public hearing was held and the proposed rules are still under consideration by the Lobbying Bureau.

The New York City Campaign Finance Board’s newly approved rules permitting candidates enrolled in the public matching funds program to receive contributions via text message took effect January 20, 2015.

The rules permit public funds to match the text message contribution once those contributions are paid via the contributor’s phone bill.

The rules further establish record keeping requirements for text message contributions and a process to certify the identity of the contributor.

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The New York City Campaign Finance Board experienced a phishing attack of its email system this morning.

The board instructs any users who have received an email from any staff member referencing an “Invoice Paid” in the subject line to delete the message immediately. Call (212) 409-1800 with questions.

In its December 11, 2014, meeting, the New York City Campaign Finance Board approved rules implementing Local Law 116 of 2013, which permits candidates receiving public matching funds to receive contributions via text message.

The rules permit public funds to match the text message contribution once those contributions are paid via the contributor’s phone bill. The rules further establish record keeping requirements for text message contributions and a process to certify the identity of the contributor.

The rules will take effect 30 days after final publication in The City Record.

The New York City Campaign Finance Board has proposed rules regulating political contributions by text message. The rules set forth the eligibility requirements for public funds matching of text message contributions, the process of record keeping requirements for such contributions, and requirements of contributors to certify their identities when making text message contributions.

The rules are open for public comment until November 20, 2014. A public hearing is scheduled for Monday, November 24, 2014 at 10:00 a.m.

The New York City Council is considering a measure increasing disclosure requirements for those making independent expenditures to influence city elections. Introduction 148 will require individuals and entities making independent expenditures totaling $5,000 or more to disclose the owners, partners, board members, or their equivalents of any entity reporting the expenditure. The measure further requires an individual or entity who transfers $1,000 or more to another individual or entity for the purpose of such other individual or entity making independent expenditures to report the transfer of money as if the transferor has directly made the independent expenditure.

Another provision of the measure requires individuals or entities to disclose detailed information on any electioneering communications, such as the top five donors to the entity responsible for the communication, and names of the owner and CEO of the entity.

Amy Loprest, the executive director of the New York City Campaign Finance Board, applauded the new disclosure requirements, saying, “This legislation will give voters a more complete view of who is paying for the campaign ads that fill their mailboxes and airwaves.”

If passed, Introduction 148 will take effect one year after its enactment.

In late 2013, the New York City Council passed Local Law 129 of 2013, making many changes to current lobbying law in the city and surrounding boroughs. Many of the new law’s provisions are effective today, May 16, 2014.

The definition of lobbying is revised to include attempts to influence legislation not yet introduced, legislation at the state and federal level, and mayoral executive vetoes. It is also revised to include attempts to influence the agenda or calendaring of a meeting of a board or commission. The revised definition excludes architects and engineers as lobbyists under certain parameters, and the law now imposes a $10,000 registration threshold for such individuals should they undertake lobbying activities. The registration threshold for all other lobbyists is $5,000.

Local Law 129 of 2013 requires more detailed disclosure on the statement of registration and on periodic reports. The new law further establishes a first-of-its-kind amnesty program, allowing noncomplying lobbyists to enroll in the program and be exonerated of late filing fees and applicable civil and criminal penalties dating back to December 10, 2006.

Provisions taking effect in the future include a mandatory lobbyist training program and the practice of the city clerk reviewing sources of information such as state lobbyist filings and the Doing Business Database to identify lobbyists required to register who have not done so.

Photo of the New York City Hall courtesy of Momos on Wikimedia Commons.

The New York City Council has introduced legislation imposing increased independent expenditure disclosure requirements. Introduction No. 148-A requires any electioneering communications to include the phrase “paid for by,” whether typed or spoken, followed by the identity of the top five donors to the organization sponsoring the communication.

Campaign Finance Board Executive Director Amy Loprest testified before the council on April 25, 2014, supporting the legislation. In support of the bill, Loprest stated, “Providing voters with clear information about who is responsible for these campaign messages will reduce the likelihood of confusion among voters.”

Photo of the New York City Hall by Momos on Wikipedia.

New York’s City Council passed legislation this week containing many changes to lobbying regulations. The majority of the law’s provisions take effect May 8, 2014.

As part of the new law, the definition of “lobbying” has been expanded to include attempts to influence “any determination made by an elected city official or an officer of employee of the city to support or oppose any state or federal legislation, rule or regulation.”

This provision is unique because very few cities regulate lobbying a city official to weigh in on state or federal policy. The new law also directs the City Clerk to search for noncompliance with registration requirements by scouring public records.

Further, lobbyists will be required to file six periodic reports each year, up from four reports under the outgoing law. Also, as of January 1, 2014, the registration threshold will increase from $2,000 to $5,000 per calendar year.

Photo of Manhattan by AngMoKio in Wikimedia Commons.

The Second Circuit Court of Appeals has reversed a District Court ruling, denying a preliminary injunction on campaign contributions to independent-expenditure PACs. The lawsuit was filed by New York Progress and Protection PAC, who alleged that a wealthy donor, Shaun McCutcheon, pledged to donate $200,000 to the PAC in support of Joseph J. Lhota, a NYC mayoral candidate. McCutcheon’s donation, however, would exceed the contribution limit of $150,000 to independent-expenditure committees set by New York law.

The Circuit Court granted the injunction, stating the contribution limits are “likely unconstitutional” and the claim has a substantial likelihood of success. The Court further noted the plaintiffs would face irreparable harm if the injunction was not granted.

The donor in question, Shaun McCutcheon, is also embroiled in a similar suit before the Supreme Court of the United States, challenging the federal limits to campaign contributions.

Democratic mayoral candidate William Thompson conceded and threw his support behind leading vote-getter and fellow Democrat Bill de Blasio.

However, because Thompson failed to withdraw from the race by the September 13 deadline, the mayoral runoff will continue to appear on the runoff ballot.

The runoff election is set for October 1, 2013.

De Blasio will face Republican Joe Lhota in the November 5 general election.

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

Several members of city council announced the introduction of legislation to reform independent expenditures made in the city. The legislation would close a “loophole” in state campaign finance law allowing limited liability companies to give at the individual aggregate contribution limit of $150,000 instead of the corporate aggregate limit of $5,000. Such a change would only apply to city elections.

The legislation would also require the disclosure of the top donors to independent expenditure communications.

Finally, the legislation would force any independent expenditure communication to inform voters the communication was not subject to the city’s campaign finance laws.

Photo of the New York City Hall by Momos on Wikipedia.

The New York City Campaign Finance Board scored a decisive court victory when a court ruled in favor of the city’s campaign finance laws. United States District Court Judge Laura Taylor Swain upheld the city’s provisions limiting the amount of public funds available to candidates who do not face meaningful competition.

This provision, dubbed the “sure winners” provisions by the Campaign Finance Board, was under attack in Ognibene v. Parkes, a suit filed in 2008. In a non-competitive race, the city is allowed to withhold public funds from a candidate. The candidate may appeal that decision, claiming they face a significant opposition based on a set of objective criteria.

Examples of the criteria used include the opponent’s endorsements and the media coverage of the opponent. The court did say that the city could not use the opponent’s financial activity as criteria for the appeals process, but overall it was a clear victory for the Campaign Finance Board.

Amy Loprest, executive director of the Campaign Finance Board, said “This victory allows the CFB to hold on to an important tool for maintaining public confidence in the city’s campaign finance program.”

Neither party has any intentions of appealing the District Court’s ruling, effectively ending the suit after nearly five years.

Photo of Manhattan courtesy of AngMoKio on Wikipedia.

New York City mayoral candidate George McDonald has momentarily thrown up the white flag in his attempt to circumvent the contribution limits. McDonald, who is running for the Republican nomination, filed suit against the New York City Campaign Finance Board in hope of removing the city’s very strict contribution limits.

McDonald’s argument relied on the theory that the state’s contribution limits, which are higher than the city’s limits, superseded the city’s restrictions. McDonald had hoped for a quick resolution, but the court has taken nearly a month to decide the case and McDonald fears he is running low on time.

McDonald now plans on raising enough funds to qualify for the public financing system, meaning he will have to raise at least $250,000 from donations of up to $175. If he is able to do that, the city will give his campaign $1.5 million.

McDonald is considered a long shot to win the Republican nod as he is going up against a political veteran, Joseph Lhota, and a billionaire businessman, John A. Catsimatidis. McDonald has argued that the city’s laws give these two types of candidates an unfair advantage over first-time candidates.

McDonald’s lawsuit still must be decided by the court, but most experts believe he has little chance of winning.

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