In response to the coronavirus pandemic, some state agencies are pushing back filing deadlines for lobbying and pay-to-play reports, while others are suspending their legislative sessions, which has the effect of extending in-session reporting requirements and contribution bans.

New Jersey has announced a grace period for government contractors to file annual reports (Form BE) disclosing reportable political contributions made by covered donors in 2019. This grace period is available only upon request and is intended to be for the benefit of businesses whose functions have been hampered by mandated closures. Similarly, Illinois’ secretary of state has closed its public-facing operations through April 7 and automatically extended filing deadlines for 30 days after the governor declares that the statewide disaster has ended. New York’s Joint Commission on Public Ethics has extended its January-February bi-monthly reporting deadline until March 31 and requested that filers suspend hand delivery of paper filings until that date. Several other states, including California, Connecticut, and Hawaii, have either amended their deadlines or announced modifications of their filing practices.

Some state legislatures have temporarily shuttered, modifying restrictions and deadlines that are tied to the legislative session. Georgia has suspended its legislative session without adjourning, meaning that the heightened in-session reporting requirements and contribution restrictions will be in effect for longer than they normally would be. Mississippi has temporarily adjourned its legislative session, pushing back its end-of-session reporting deadline, which is tied to the legislature’s final adjournment date.

Though the list of accommodations is growing, most states have not postponed filing deadlines or instituted grace periods. In those states and others, it is important that filers exercise care in describing lobbying activities relating to COVID-19, and avoid unnecessarily creating public relations or shareholder concerns.

Venable’s Political Law team will continue to monitor these developments.

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Photo of Ronald M. Jacobs Ronald M. Jacobs

Ron Jacobs focuses his practice on political law, nonprofit organizations, and crisis management, including congressional investigations, class actions, and regulatory investigations. Ron founded and co-chairs the firm’s nationally recognized Political Law practice. He advises clients on all aspects of state and federal political…

Ron Jacobs focuses his practice on political law, nonprofit organizations, and crisis management, including congressional investigations, class actions, and regulatory investigations. Ron founded and co-chairs the firm’s nationally recognized Political Law practice. He advises clients on all aspects of state and federal political law, including campaign finance, lobbying disclosure, gift and ethics rules, pay-to-play laws, and tax implications of political activities.

Photo of Lawrence H. Norton Lawrence H. Norton

Larry Norton, a former general counsel of the Federal Election Commission (FEC), advises clients on federal and state campaign finance laws, lobbying disclosure, gift and ethics rules, pay-to-play laws, and the tax implications of political activities. His clients include corporations and their PACs…

Larry Norton, a former general counsel of the Federal Election Commission (FEC), advises clients on federal and state campaign finance laws, lobbying disclosure, gift and ethics rules, pay-to-play laws, and the tax implications of political activities. His clients include corporations and their PACs, advocacy groups and trade associations, candidates, super PACs, lobbying shops and law firms, and high-net-worth individuals. Larry recognizes the unique issues facing organizations seeking to influence public policy and elections. He provides pragmatic and creative solutions to complex problems, troubleshoots new projects and programs, and helps clients manage their legal and reputational risks.