Lobbying Law Complaints

General Information

The State Ethics Commission and the Secretary of State each have authority to investigate complaints alleging violations of the Lobbying Law (G.S. Chapter 120C).  See below for a description of each agency's jurisdiction.

Complaints that include allegations which fall under both agencies' jurisdiction (e.g. a complaint alleging a failure to register and a violation of the gift ban) will first be considered by the Commission and then forwarded to the Secretary of State's office for further consideration.

 

Secretary of State Jurisdiction

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The Secretary of State has exclusive jurisdiction over complaints alleging that a lobbyist or lobbyist principal failed to register as a lobbyist within one business day of lobbying a legislator, legislative employee, or a public servant for executive or legislative action. Therefore, any complaints alleging violations solely related to a lobbyist's or lobbyist principal's failure to register should be filed with the Secretary of State's office using this complaint form.

The Secretary of State has exclusive jurisdiction over a lobbyist's or lobbyist principal's failure to report the following:

  1. Reportable expenditures made for lobbying and for lawful gifts (G.S. 120C-403(b)(1))
  2. Reportable expenditures reimbursed or paid to lobbyists (G.S. 120C-403(b)(3))
  3. Payments for lobbying and various related services (G.S. 120C-403(d))

Therefore, any complaints alleging violations solely related to a lobbyist's or lobbyist principal's failure to report those items should be filed with the Secretary of State's office using this complaint form.

Ethics Commission Jurisdiction

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The Ethics Commission has exclusive jurisdiction over violations of the Lobbying Law's gift ban. That ban restricts a lobbyist or a lobbyist principal, listed here, from giving gifts to certain persons subject to the Ethics Acts, listed here, unless a gift ban exception applies.

Any complaint alleging a violation of the gift ban by a lobbyist's or lobbyist principal should be filed with the Ethics Commission using this complaint form.

The Ethics Commission has exclusive jurisdiction over violations of the Lobbying Law's "cooling off period," which imposes the following restrictions:

  1. Members of the Council of State and the Governor's Cabinet may not register as a lobbyist or lobby while in office or within six months of leaving their office or employment G.S. 120C-304(b)-(c).
  2. Members of the State legislature may not register as a lobbyist or lobby while in office or before the later of the close of session in which the legislator served or within six months after leaving office. G.S. 120C-304(a).
  3. Former State employees may not lobby or register to lobby their former State agency within six months of leaving employment. G.S. 120C-304(c).

Any complaint alleging a violation of the cooling off period should be filed with the Ethics Commission using this complaint form.

The Lobbying Law requires that employees of state and local governmental entities who lobby for legislative action on behalf of those entities register as "liaisons".  G.S. 120C-500 and 502. They are also subject to the Lobbying Law's gift ban and must file expenditure reports regarding their legislative lobbying. G.S. 120C-501.

Any complaint alleging a liaison's failure to register and report and any violations of the gift ban should be filed with the Ethics Commission using this complaint form.

State agencies may not hire individuals who are not the agency's employee to lobby legislators and legislative employees. This includes efforts to hire individuals as temporary employees. G.S. 120C-500(b).

There is an exception where the agency is authorized to hire outside counsel under G.S. 147-17.

Any complaint alleging that a State agency hired an outside lobbyist in violation of this provision should be filed with the Ethics Commission using this complaint form.

The Lobbying Law also places the following restrictions on lobbyists:

  1. Lobbyists may not accept "contingency fees," payments that depend upon the result or outcome of the lobbyist's efforts. G.S. 120C-300(a).
  2. Lobbyists are prohibited from attempting to influence a legislator or public servant's campaign by providing financial support to the candidate or the candidate's opponent. G.S. 120C-301.
  3. Restrict lobbyists from being appointed by a State official to certain State Boards. G.S. 120C-304(e).
  4. Restrict lobbyists from permitting legislators or public servants to use the cash or credit of the lobbyist. G.S. 120C-305.
  5. Restrict lobbyists from serving as a treasurer of assistant campaign treasurer for a candidate for legislator or Council of State. G.S. 120C-304(d).

Any complaint alleging that a State agency hired an outside lobbyist should be filed with the Ethics Commission using this complaint form.