Gov. Kathy Hochul issued a proclamation ordering a special election to fill the vacancy in the U.S. House of Representatives District 26 for the unexpired term of Rep. Brian Higgins.

The special election will be held on April 30.

Higgins, who announced his resignation citing frustrations about the growing dysfunction in Congress, will become president of Shea’s Performing Arts Center.

U.S. House District 26 covers parts of Erie and Niagara counties in western New York.

Gov. Kathy Hochul announced a special election will be held on Tuesday, February 13 to fill the vacancy in the 77th Assembly District.

The vacancy was created when Rep. Latoya Joyner resigned to pursue a different professional opportunity.

The winner of this election will serve the remainder of Joyner’s term ending in the fall.

The Independent Redistricting Commission (IRC) of New York has been tasked with redrawing the state’s congressional map by New York’s highest court.

This decision to create a new map is due to a lawsuit brought against the IRC by voters after the Legislature was forced to create the most recent congressional maps rather than the IRC.

The new congressional map will need to make its way to the Legislature by the end of February in order to be in effect for the upcoming 2024 elections.

Gov. Kathy Hochul vetoed legislation inspired by the 2023 session’s chief judge battle.

Senate Bill 4152 would have required lobbying groups to disclose spending on campaigns for or against gubernatorial nominees to state office, including the nomination or confirmation of any person for a position subject to confirmation by the Senate.

Hochul’s initial nominee for chief judge of the state Court of Appeals, Hector D. LaSalle, sparked fierce efforts to support and oppose his appointment, including unregulated campaigns that sought to alter the outcome.

The groups lobbying for LaSalle’s nomination voluntarily reported their lobbying while the groups lobbying against LaSalle’s nomination declined to do so, stating there was no requirement to report.

Senate Democrats blocked the nomination of LaSalle, marking the first time the Legislature has not confirmed a candidate for the Court of Appeals.

Hochul cited significant new reporting requirements and implementation costs not already accounted for in her veto memo.

Gov. Kathy Hochul issued a proclamation ordering a special election on February 13, 2024, to fill the vacancy in the United States House of Representatives Third Congressional District for the unexpired term of George Santos.

Santos was expelled on December 1, causing House Republicans to be down a seat for the next two months, with an even narrower majority in the closely divided chamber.

The seat in Nassau and Queens counties is a key piece in the Democrats’ plan to retake the House majority next year.

Former Democratic Rep. Tom Suozzi, who left in 2022 to mount a failed run for governor, is a lead contender to reclaim his old seat.

A state court has ruled the New York Commission on Ethics and Lobbying in Government violates the state’s constitution because it was formed without a constitutional amendment and it divests the governor of her authority.

The commission will need to suspend its work pending the outcome of any appeal.

While this matter works its way through the courts, the commission will continue to promote compliance with the state’s ethics and lobbying laws. 

Q: I heard New York has new ethics training requirements. What do I need to know to be compliant?

A: That is correct. The New York State Commission on Ethics and Lobbying in Government (COELIG) has expanded the ethics training requirements as part of the new Ethics Reform Act of 2022. All lobbyists (Principal, Individual, and In-House lobbyists), contractual clients, and beneficial clients listed on a submitted 2023-2024 Statement of Registration are required to take this new training in 2023 and certify completion of the training requirement on the Lobbying Application website. The training requirement is triggered by and applicable to those individuals and entities listed on a lobbyist or client Statement of Registration once the registration is submitted.

For the purposes of training compliance by organizations listed as a lobbyist or client, the Chief Administrative Officer of the organization is responsible for taking the training. Individuals associated with 2023-2024 registrations submitted on or before January 18, 2023, had an extended training due date of March 18, 2023. Those individuals associated with a 2023-2024 registration submitted after January 18, 2023, have 60 days from the registration submission date to complete and certify the training. Following completion of the initial training, individuals will be required to take a refresher training every three years.

Individuals may access the course through a hyperlink on the COELIG website or directly at https://lobbyingtraining.ethics.ny.gov/

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 New York Legislature adjourned on June 10 after the Clean Slate Act passed both houses.

The legislation, which still must be signed into law by Gov. Kathy Hochul, wipes a New Yorker’s conviction record clean three years after sentencing for misdemeanors and eight years for certain felonies.

The Senate is not expected to return to session but the Assembly will likely return in the near future to complete unfinished work.

City Council passed a city charter amendment requiring individuals and entities making independent expenditures related to municipal ballot questions to file disclosure reports.

Local Law No. 22 of 2023 requires individuals and entities making independent expenditures of $5,000 or more in support or opposition to a municipal ballot proposal or referendum to file independent expenditure disclosure reports.

The new reporting requirement will take effect on January 1, 2024.

New York has expanded the ethics training requirements as part of the new Ethics Reform Act of 2022.

Lobbyists, contractual clients, and beneficial clients will now be required to take the new Ethics for Lobbyists and Clients online course available January 18.

For purposes of training compliance by organizations, the chief administrative officer is responsible for taking the training on behalf of the organization.

Those registered before the course launch will have until March 18 to complete training.

In order to avoid duplicate training, co-lobbyists and sub-lobbyists listed on a 2023-2024 Statement of Registration will not be required to take the training until they submit their own registration.

The New York General Assembly will convene for a one-day special session on December 22 to consider pay raises for lawmakers.

Q: I heard New York City requires registration and reporting for grassroots lobbying? Who is required to register and how do I comply with all the reporting requirements?

A: Yes, if an individual’s compensation or expenditures for grassroots lobbying exceeds $5,000 in the aggregate during a calendar year. Lobbying is considered any attempt to influence city officials, therefore all grassroots campaigns would be considered lobbying. The city law reflects the existing state law requiring registration and reporting for state lobbyists.

Once a grassroots campaign reaches the $5,000 lobbying threshold, bi-monthly periodic reports, an annual report, and fundraising and political consulting reports must be filed. Fundraising and political consulting reports are filed on the same bi-monthly schedule as the periodic reports.

For the bi-monthly periodic reports and the annual report, make sure you keep track of compensation, expenses, subjects lobbied, and names of the person and agencies lobbied. For the fundraising and political consulting reports, you will need to track compensation paid for fundraising and/or political consulting activities, a list of all persons or entities contracted for the purpose of providing fundraising and/or political consulting services, and the total dollar amount raised for each candidate for which such activities were performed.

Don’t forget when it comes to websites, a social media communication constitutes a grassroots lobbying communication when:

1. References otherwise implicate an action covered by the term lobbying or lobbying activities;
2. Takes a clear position on the action question; and
3. Includes a call to action (i.e., solicits or exhorts the public, or a segment of the public, to contact a public official).

When grassroots lobbying through a social media communication is undertaken by an organization, through the organization’s social media account, this activity is reportable lobbying activity by the organization. When grassroots lobbying through a social media communication is undertaken by an individual, through their personal social media account, this activity is not reportable lobbying activity unless such individual is specifically retained by a client for such social media activity. Any expenses incurred to create, promote, place, or otherwise highlight an individual’s personal social media activity are reportable by the party incurring the expenses. A consultant’s activity on a grassroots campaign may be considered reportable lobbying if the consultant controlled the delivery and had input into the content of the message.

Incumbent New York Gov. Kathy Hochul defeated Republican Lee Zeldin.

In a tighter than expected race, Hochul secures her first full term as governor.