October 22, 2018 •
On October 15, the North Carolina General Assembly adjourned a special session after passing the Hurricane Florence Emergency Response Act to establish a fund to provide relief and assistance from the effects of Hurricane Florence. The Act also granted funds […]
On October 15, the North Carolina General Assembly adjourned a special session after passing the Hurricane Florence Emergency Response Act to establish a fund to provide relief and assistance from the effects of Hurricane Florence.
The Act also granted funds to the Bipartisan State Board of Elections and Ethics Enforcement to educate the public about voting in the November 2018 election, specifically in counties designated under the disaster declaration by the president.
An October 16 ruling by the Wake County Superior Court found the legislative provisions creating the Bipartisan Board unconstitutional. The court, however, stayed the injunction concerning the activity of the Bipartisan Board until after the November election.
January 9, 2012 •
Portions of Lobbying Law Found Ambiguous As Applied
NORTH CAROLINA: Wake County Superior Court Judge Paul Ridgeway has cleared former lobbyist Don Beason of misconduct, finding parts of North Carolina’s lobbying reform law are ambiguous as applied and the secretary of state overreached in fining Beason.
The court held that Beason does not have to pay the $30,000 fine imposed on him. Secretary of State Elaine Marshall fined Beason a record-setting $111,000 in 2010, an amount that was later reduced, for failing to make required disclosures about companies he was representing.
Judge Ridgeway stated North Carolina law defines a lobbyist as someone who communicates directly with legislators or their employees, but there was no evidence Beason directly contacted anyone on behalf of the companies he represented. Additionally, because the law gave the state ethics commission the authority to interpret the act and the secretary of state the power to administer it, Marshall overstepped her authority in interpreting the act and fining Beason.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.