Summary of Changes
September 2021

To our valued clients:

We are providing you with updates and changes made on our website this past month. Updates include multiple notices of proposed regulation changes to lobbying and campaign finance reporting obligations.

The changes made to the website last month are detailed in the links to the left.

International Compliance Laws:

• The British Columbia, Canada Office of the Registrar of Lobbyists (ORL) implemented a change to its online registry to allow for streamlining the process for declaring certain coalition activities. The change involves answering additional questions regarding whether a lobbying activity being reported was a jointly signed or endorsed letter sent on behalf of one or more of the organizations listed in the associated registration return as members of a coalition to which the organization or client belongs. Rather than being reported by each of the coalition members, the letter will only need to be declared once as a coalition activity and only reported once by the organization or consultant lobbyist that communicated the joint letter to senior public office holders. This change does not affect consultant lobbyists whose clients are not members of coalitions.

U.S. Lobbying Compliance Laws:

• Aurora, Colorado opened its Lobbyist Registration Portal. The city's Ordinance 2021-08 took effect August 1 and quarterly activity reports are required. The first report is due October 15. The city's website notes the Office of City Clerk will accept complaints regarding compliance beginning January 16, 2022. The city clerk will focus on education and compliance with the regulation of lobbyists during the year the ordinance takes effect. Lobbyists will not be subject to revocation, suspension, or sanctions for any violations in 2021.

• The Oregon Government Ethics Commission has announced hearings for proposed Administrative Rule changes to take place on October 18. The changes seek to clarify various definitions, edit internal references, and update rule language to conform to electronic filing requirements. Changes will update the process of registration in light of electronic filing; clarify lobbyist registration is not complete until electronically confirmed by the client; and reflect the statutory requirements for lobbyist termination and re-registration.

U.S. Political Contributions Compliance Laws:

• The Georgia Campaign Finance Commission has voted to approve the biennial increase to contribution limits. The limit for statewide offices increased $600 up to $7,600 for each primary and general election and $400 up to $4,500 for each runoff. The limit for other offices increased $200 up to $3,000 for each general and primary election and $100 up to $1,600 for each runoff. These changes are effective immediately.

• California Gov. Gavin Newsom signed a bill extending automatic voting by mail and three bills increasing election transparency and integrity. Assembly Bill 31 requires county elections officials to mail a ballot to every active registered voter for all elections. The bill additionally extended the window for mail ballots to be sent to elections offices to seven days after the election. Assembly Bill 319 forbids foreign governments or foreign principals from making a contribution, expenditure, or independent expenditure in connection with a state or local ballot measure or election. Assembly Bill 136 make a person who uses campaign funds in violation of the Political Reform Act resulting in an egregious personal benefit liable in an administrative or civil action brought by the commission for an amount of up to two times the amount of the unlawful expenditure. Senate Bill 686 requires a limited liability company that qualified as a committee or a sponsor of a committee to file a statement of members with the Office of Secretary of State. The bill requires the statement to include a list of all persons who have a membership interest in the LLC of at least 10% or who have made a capital contribution of at least $10,000 to the LLC after it qualified as a committee or sponsor of a committee, or within the 12 months before it qualified. These bills become effective January 1, 2022.

U.S. Procurement Lobbying Compliance Laws:

• The California Fair Political Practices Commission (FPPC) has announced that on October 21 the commission will consider proposed regulations concerning behested payment reporting. The regulations seek to shed light on large donations being made to candidate controlled charities in place of trackable political contributions. The regulation, prospectively codified as C.C.R. § 18424.3, would increase the reporting requirements to the behested payment report. The regulations will require more detailed disclosures as to the name of the payor and the "single source" of the behested payment.