Political Law Notes

Gov. Cuomo Signs New York Campaign Finance and Lobbying Reform Bill

Date: October 3, 2016

On August 24, Governor Andrew Cuomo signed a new law that significantly expands the reach of New York’s campaign finance and lobbying laws.

In the campaign finance area, the law restricts a candidate, or the candidate’s agents from (1) participating in the creation or management of an independent expenditure committee, (2) appearing at a fundraising event of the independent expenditure committee, or (3) renting space from the independent expenditure committee. In addition, an independent expenditure committee is limited in its ability to (1) engage in strategic discussions with the candidate or her committee, or (2) retain or employ one of the campaign’s vendors or former employees. In addition, a person or entity must register as an independent expenditure committee before sponsoring candidate advocacy communications.

Lobbying organizations and tax-exempt entities in New York are now subject to expanded disclosure requirements:

  • An organization that lobbies on its own behalf or retains a lobbyist that spends $15,000 on lobbying during a year (down from $50,000) and at least 3% of whose total expenditures during the period are devoted to lobbying, must disclose the names of and amounts contributed by each source that provides more than $2500 (down from $5000) for lobbying. Membership dues are exempt from this disclosure.
  • 501(c)(3) organizations making in-kind contributions to 501(c)(4) advocacy organizations must disclose the names of certain persons who control and contribute to the organization.
  • 501(c)(4) organizations advocating for or against a clearly identified elected official or the position of an elected official on pending legislative or administrative matters have to disclose the names of certain individuals who control and contribute to the organization.