The Lobbying Disclosure Act Guidance (Guidance) issued by the Clerk of the House of Representatives and the Secretary of the Senate was updated on June 15. The updates clarify currently existing provisions of the LDA, add additional examples, replace references to the LDA with hyperlinked citations to the U.S. Code, and remove references to Line numbers (the online reporting platform does not have Line numbers for drafting reports, but the final version of the reports available on the House and Senate websites still have Line numbers).  The Guidance is available here. A brief discussion of the changes to the Guidance is below:
Continue Reading Revisions to the Lobbying Disclosure Act Guidance: What These Changes Mean for You

We recently hosted a webinar on political compliance in the new election cycle. With the first criminal prosecution of a coordination case, changes in state ethics laws, and new disclosure requirements, we provided information you need to engage in political activities while staying compliant.

The slides are also available, and the following publications may

Yesterday, we focused on the honoring and recognizing categories of expenses that have to be reported. There are also three other categories that have to be disclosed on the LD-203 report.

  • Political Contributions: Contributions made by registered lobbyists, the connected PAC of a registrant, or a PAC controlled by a lobbyist must be disclosed

The LD-203 requires registrants and lobbyists to disclose a variety of payments made for the purpose of honoring and recognizing covered officials. Guidance issued by the House and Senate includes some very helpful examples.

Payments that need to be disclosed fall in four different categories.

  1. The cost of an event to honor or recognize a covered legislative branch official or covered executive branch official;
  2. Payments to an entity that is named for a covered legislative branch official, or to a person or entity in recognition of such official;
  3. Payments to an entity established, financed, maintained, or controlled by a covered legislative branch official or covered executive branch official, or an entity designated by such official; or
  4. The costs of a meeting, retreat, conference, or other similar event held by, or in the name of, one or more covered legislative branch officials or covered executive branch officials.
    Continue Reading Honoring and Recognizing

The end of the second quarter is a good time to terminate individuals who will no longer serve as lobbyists because they can end their LD-203 obligations with this mid-year report. If the individuals do not have a reasonable expectation of being a lobbyist in the current or next quarter, then the Guidance says that the individual may be terminated. A lobbyist is someone who has made more than one lobbying contact (ever) and spends more than 20 percent of his or her time on lobbying activity in a three-month period. Thus, if an individual is changing roles, or the organization has determined that the person does not (and will not in the next quarter) spend 20 percent of his or her time on lobbying activity, then termination is appropriate. Remember, an organization can always re-list the person if things change.
Continue Reading To be a Lobbyist or not to be a Lobbyist

puzzle

For what seems like such a simple question, many organizations have a very hard time calculating the amount they spend on lobbying activities.

A few reminders might help:

  • Include any payments to outside lobbying firms in this figure. Even if it seems like double counting (since those firms will report the amount they receive from your organization), the LDA and guidance are clear that payments to lobbying firms must be included.
    Continue Reading Reporting the Amount Spent on the LD-2

Second quarter federal lobbying disclosure reports are due on July 21 and LD-203 expenditure reports are due on July 30. In addition, many states have mid-year lobbying reports due this month. We’ll have a series of posts on things to remember when preparing these reports in the next few days.

Paperwork

 

Like 15 other states, Ohio has a law that prohibits false statements made during a campaign. The law allows virtually anyone to file a complaint alleging that an ad is false and allows the Ohio Elections Commission to make the initial determination as to whether it is truthful or not. The problem is that once