Lawsuit Challenges JCOPE’s New Lobbying Regulations

Those of who regularly deal with lobbying compliance and related issues have been following JCOPE’s efforts to develop and adopt its Comprehensive Lobbying Regulations (19 NYCRR Part 943) very closely, especially as their January 1, 2019 effective date approaches.

(For a recap, read my April 2018 blog post on JCOPE’s final adoption of the regulations here.)

Yesterday, a lawsuit was filed in Supreme Court in Albany which argues that JCOPE lacks the legal authority to adopt regulations.  It argues that JCOPE’s rules “expand and amend the Lobbying Act,” and would unduly burden lobbyists and their clients and infringe on their free speech rights. The petitioners are asking the court to declare that the regulations are “null and void” and enjoining their enforcement.

My biggest complaint about JCOPE’s new regulations is the new requirement set forth in 19 NYCRR 943 § 943.11(f)(7), which adds a new requirement that lobbyists report the names of the lawmakers that they lobby. This is a new requirement that is going to require a significant amount of additional work for those who file lobbying reports. And I strongly disagree with JCOPE’s view that this new reporting requirement will “greatly increase transparency and lead to the disclosure of more meaningful information.” In this case, “more information” does not mean “more meaningful information.”

Read news coverage from the Albany Times Union.