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.