Ethics: Prohibitions Against Lobbyists Making False Statements or Filing False Reports
Updated March 2013
State statutes addressing lobbyists providing false information can be divided into three broad categories: (1) states that prohibit false testimony; (2) states that prohibit false reporting and disclosure, but not false testimony, and (3) states that prohibit false testimony, reporting and disclosure.
A Summary of the chart indicates that:
Fifteen states and the District of Columbia have enacted specific statutes addressing or prohibiting lobbyists from making false statements or giving false testimony to legislators/legislative committees. They are: Alabama, Alaska, Arizona, California, Idaho, Maryland, Mississippi, Nebraska, New Jersey, Oklahoma, Oregon, Tennessee, Texas, Utah and West Virginia.
Twenty states have statutes addressing false reporting or disclosure by lobbyists, but not false testimony. They are: Colorado, Delaware, Georgia, Florida, Hawaii, Indiana, Kansas, Kentucky, Louisiana, Minnesota, Missouri, New Hampshire, New Mexico, New York, North Carolina, Ohio, Vermont, Virginia, Wisconsin, and Wyoming.
Three states have statutes addressing false testimony as well as false reporting or disclosure. They are: Arkansas, Nevada, and Washington.
No provisions were found in nine states. They are Connecticut, Illinois, Iowa, Maine, Massachusetts, Michigan, Rhode Island, South Carolina, and South Dakota.
Montana and North Dakota prohibit lobbyists from either "unprofessional conduct" (Montana) or "unlawful means" (North Dakota), but the terms are not defined. Pennsylvania's statute prohibits lobbyists from false "communication" to a state official or employee.
The chart below shows the provisions regarding these matters for each state.
AL | AK | AZ | AR | CA | CO | CT | DE | DC | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT | NE | NV | NH | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VA | WA | WV | WI | WY
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State and Citation
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Statute
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Alabama
Alabama Code Section 36-25-26
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False reporting for purpose of influencing legislation.
No person, for the purpose of influencing legislation, may do either of the following:
(1) Knowingly or willfully make any false statement or misrepresentation of the facts to a member of the Legislative or Executive Branch.
(2) Knowing a document to contain a false statement, cause a copy of the document to be received by a member of the Legislative or Executive Branch without notifying the member in writing of the truth.
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Alaska
Title 24, Legislature; Chapter 24.45.121; Regulation of Lobbying
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Prohibitions.
(a) A lobbyist may not
(3) intentionally deceive or attempt to deceive any public official with regard to any material fact pertinent to pending or proposed legislative or administrative action;
(5) cause a communication to be sent to a public official in the name of any fictitious person or in the name of any real person, except with the consent of that person;
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Arizona
Title 41, Article 8 Registration and Regulation of Lobbyists; 41-1235
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Spurious communications; classification
Whoever shall transmit, utter or publish to the legislature, or to any member or members of the legislature, or any committee, officer or employee of either house of the legislature, or to any state officer, agency, board, commission or council any communication materially related to any matter within the jurisdiction of the legislature, or be a party to the preparation thereof, knowing such communication or signature thereto is false, forged, counterfeit or fictitious shall be guilty of a class 2 misdemeanor.
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Arkansas
Arkansas Code 21-8-607
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Prohibited Acts
(b) No person engaging in lobbying shall:
(2) Purposely provide false information to any public servant as to any material fact pertaining to any legislative or administrative action;
(3) Purposely omit, conceal, or falsify in any manner information required by the registration and lobbyist activity reports.
(c)(1) Any person convicted for violation of any provision of this subchapter is prohibited from acting as a registered lobbyist for a period of three (3) years from the date of the conviction.
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California
California Government Code, Title 9, Chapter 6 §86205
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No lobbyist or lobbying firm shall:
(b) Deceive or attempt to deceive any elected state officer, legislative official, agency official, or state candidate with regard to any material fact pertinent to any pending or proposed legislative or administrative action.
(d) Attempt to create a fictitious appearance of public favor or disfavor of any proposed legislative or administrative action or to cause any communication to be sent to any elected state officer, legislative official, agency official, or state candidate in the name of any fictitious person or in the name of any real person, except with the consent of such real person.
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Colorado
Colorado Statute § 24-6-309
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Offenses - penalties - injunctions.
Any person who violates any of the provisions of this part 3, willfully files any document provided for in this part 3 that contains any materially false statement or material omission, or willfully fails to comply with any material requirement of this part 3 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five thousand dollars, or by imprisonment in the county jail for not more than twelve months, or by both such fine and imprisonment.
Note: "Part 3" refers to lobbyist disclosure requirements--not specifically to the giving of testimony to legislators or staff.
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Connecticut
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No provision found.
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Delaware
Delaware Code § 5837
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Violation and penalties.
(a) Any person who knowingly fails to register as a lobbyist as required by this subchapter shall be guilty of a misdemeanor.
(b) Any person who knowingly furnishes false information in any registration, authorization or report required by this subchapter shall be guilty of a misdemeanor.
Note: § 5837 refers to lobbyist disclosure requirements--not specifically to the giving of testimony to legislators or staff.
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District of Columbia
DC Official Code, Division I, Title I Government Organization, Chapter 11A, Government Ethics and Accountability Subchapter II, Ethics Act, Part E Lobbying
§1-1162.31 Prohibited Activities |
(c) No person shall knowingly or willfully make or cause to be made any false or misleading statement or misrepresentation of the facts relating to pending administrative decisions or legislative actions to any official in the legislative or executive branch;
(d) No person shall, knowing a document to contain a false statement relating to pending administrative decisions or legislative actions, cause a copy of the document to be transmitted to an official in the legislative or executive branch without notifying the official in writing of the truth.
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Florida
Title III, Chapter 11. §11.045
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Any person required to be registered or to provide information pursuant to this section or pursuant to rules established in conformity with this section who knowingly fails to disclose any material fact required by this section or by rules established in conformity with this section, or who knowingly provides false information on any report required by this section or by rules established in conformity with this section, commits a noncriminal infraction, punishable by a fine not to exceed $5,000. Such penalty shall be in addition to any other penalty assessed by a house of the Legislature pursuant to subsection (6).
Note: § 11.045 refers to lobbyist disclosure requirements--not specifically to the giving of testimony to legislators or staff.
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Georgia
21-5-72
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Denial, suspension, or revocation of registration; reinstatement; civil penalty.
In addition to other penalties provided in this article, the commission may by order deny, suspend, or revoke for a period not to exceed one year the registration of a lobbyist if it finds that the lobbyist:
Has filed an application for registration with the commission which was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact.
Note: 21-5-72 refers to registration statements-not specifically to the giving of testimony to legislators or staff. |
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Hawaii
Hawaii Revised Statute § 97-7
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Penalties; administrative fines. (a) Any person who:
(1) Willfully fails to file any statement or report required by this chapter;
(2) Willfully files a statement or report containing false information or material omission of any fact;
(3) Engages in activities prohibited by section 97-5; or
(4) Fails to provide information required by section 97-2 or 97-3; shall be subject to an administrative fine imposed by the commission that shall not exceed $500 for each violation of this chapter. All fines collected under this section shall be deposited into the general fund.
Note: § 97-7 refers to lobbyist disclosure requirements--not specifically to the giving of testimony to legislators or staff.
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Idaho
Idaho Statute § 67-6621
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(b) In addition, a person required to register as a lobbyist shall not:
(1) Engage in any activity as a lobbyist before registering as such;
(2) Knowingly deceive or attempt to deceive any legislator to any fact pertaining to any pending or proposed legislation…
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Illinois
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No provision found.
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Indiana
Indiana Code § 2-7-6-3
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Violations; false reports; offense
Sec. 3. Whoever knowingly or intentionally makes a false report under this chapter that overstates or understates the amount of any or all expenditures or gifts commits a Class D felony.
Note: § 2-7-6-3 refers to lobbyist disclosure requirements--not specifically to the giving of testimony to legislators or staff.
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Iowa
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No provision found.
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Kansas
Kansas Statutes 46-275
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Giving false lobbying information defined and classified as crime. Giving false lobbying information is intentionally
(1) making a false or incomplete statement on any registration paper under K.S.A. 46-265, or
(2) making a false or incomplete report under K.S.A. 46-268 and 46-269.
Giving false lobbying information is a class B misdemeanor.
Note: § 46-275 refers to lobbyist disclosure requirements--not specifically to the giving of testimony to legislators or staff.
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Kentucky
Kentucky Revised Statutes
§ 6.821
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Any legislative agent or employer who intentionally files a statement of expenditures which he knows to contain false information or to omit required information shall be guilty of a Class D felony.
Note: § 6.821 refers to lobbyist disclosure requirements--not specifically to the giving of testimony to legislators or staff.
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Louisiana
LSA-R.S. 24:54
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Reports and statements under oath.
A. (1) All reports, registrations, notices, and statements required under this Part shall include a certification of accuracy by the person responsible for filing the report, registration, notice, or statement: that the information contained in the report, registration, notice, or statement is true and correct to the best of his knowledge, information, and belief; that no reportable expenditures have been made, and no fundraising functions have been held that are not included therein as required by law; and that no information required by this Part has been deliberately omitted.
Note: § 54 refers to lobbyist disclosure requirements--not specifically to the giving of testimony to legislators or staff.
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Maine
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No provision found.
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Maryland
MD Code, State Government §15-713
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Prohibitions.
(4) engage in or counsel any person to engage in fraudulent conduct;
(5) while engaging in lobbying activities, knowingly make to an official or employee a statement of material fact relating to lobbying activity that the regulated lobbyist knows to be false;
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Massachusetts
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No provision found.
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Michigan
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No provision found.
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Minnesota
Minnesota Statutes 10A. 025
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Penalty for false statements.
A report or statement required to be filed under this chapter must be signed and certified as true by the individual required to file the report. The signature may be an electronic signature consisting of a password assigned by the board. An individual who signs and certifies to be true a report or statement knowing it contains false information or who knowingly omits required information is guilty of a gross misdemeanor and subject to a civil penalty imposed by the board of up to $3,000.
Note: 10A.025 refers to lobbyist disclosure requirements - not specifically to the giving of testimony to legislators or staff.
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Mississippi
Mississippi Code 5-8-13.
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(2) A lobbyist or lobbyist's client shall not knowingly or willfully make or cause to be made a false statement or misrepresentation of facts to an executive, legislative or public official or public employee, or to the public in general with the intent to affect the outcome of a legislative or executive action.
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Missouri
Missouri Revised Statutes 105.473.
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1. Each lobbyist shall, not later January fifth of each year or than five days after beginning any activities as a lobbyist, file standardized registration forms, verified by a written declaration that it is made under the penalties of perjury, along with a filing fee of ten dollars, with the commission. The forms shall include the lobbyist's name and business address, the name and address of all persons such lobbyist employs for lobbying purposes, the name and address of each lobbyist principal by whom such lobbyist is employed or in whose interest such lobbyist appears or works….
2. Each report filed pursuant to this subsection shall include a statement, verified by a written declaration that it is made under the penalties of perjury….
8. No lobbyist shall knowingly omit, conceal, or falsify in any manner information required pursuant to this section
Note: § 105.473 refers to lobbyist disclosure requirements--not specifically to the giving of testimony to legislators or staff.
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Montana
Montana Code 5-7-302
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Unprofessional conduct.
No lobbyist or principal shall engage in or directly or indirectly authorize any unprofessional conduct.
Note: Does not define “unprofessional conduct.”
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Nebraska
Nebraska Statutes Section
49-1491
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A principal, lobbyist, or anyone acting on behalf of either, shall not knowingly or willfully make any false or misleading statement or misrepresentation of fact to any public official in the executive or legislative branch of state government.
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Nevada
Nevada Revised Statute
NRS 218H.930
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Unlawful acts involving lobbyists and lobbying.
1. A lobbyist shall not knowingly or willfully make any false statement or misrepresentation of facts:
(a) To any member of the Legislative Branch in an effort to persuade or influence him in his official actions.
(b) In a registration statement or report concerning lobbying activities filed with the Director.
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New Hampshire
New Hampshire 15:6 and 15:8
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Statements. –
I. Each lobbyist shall file with the secretary of state itemized statements under oath of:…
(h) The following statement followed by a line for each person filing the form to sign and date the form: ""I have read RSA 15, RSA 15-B, and RSA 664 and hereby swear or affirm that the foregoing information is true and complete to the best of my knowledge and belief.''
15:8 Penalty. –
Whoever violates any provision of this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Whoever shall make and file any statement under this chapter which is to his or her knowledge false shall be deemed guilty of perjury and punished accordingly.
Note: § 15:6 and 15.8 refer to lobbyist disclosure requirements--not specifically to the giving of testimony to legislators or staff.
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New Jersey
New Jersey Permanent Statutes
52:13C-31
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False communication relative to legislation; fourth degree crime.
14. Any person who shall transmit, utter or publish to the Legislature or the Governor or his staff any communication relating to any legislation or be a party to the preparation thereof, knowing such communication or any signature thereto is false, forged, counterfeit, or fictitious, shall upon conviction, be guilty of a crime of the fourth degree.
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New Mexico
2-11-8.2
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G. Any person who files a report after the deadline imposed by the Lobbyist Regulation Act, or any person who files a false or incomplete report, shall be liable for and shall pay to the secretary of state fifty dollars ($50.00) per day for each regular working day after the time required for the filing of the report until the complete report is filed, up to a maximum of five thousand dollars ($5,000).
2-11-8.2 refers to lobbyist disclosure requirements-not specifically to giving testimony to legislators or staff.
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New York
Legislative Law §1-o an 1-p
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Penalties. (a) (i) Any lobbyist, public corporation, or client who knowingly and willfully fails to file timely a report or statement required by this article or knowingly and willfully files false information or knowingly and wilfully violates section one-m of this article shall be guilty of a class A misdemeanor; and (ii) any lobbyist, public corporation, or client who knowingly and willfully fails to file timely a report or statement required by this article or knowingly and willfully files false information or knowingly and willfully violates section one-m of this article, after having previously been convicted in the preceding five years of the crime described in paragraph (i) of this subdivision, shall be guilty of a class E felony.
§ 1-p. Enforcement. (a) All statements and reports required under this article shall be subject to a declaration by the person making and filing such statement and report that the information is true, correct and complete to the best knowledge and belief of the signer under the penalties of perjury.
Note: § 1-o and 1-p refer to lobbyist disclosure requirements--not specifically to the giving of testimony to legislators or staff.
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North Carolina
North Carolina General Statutes
Article 6.Violations and Enforcement § 120C-602
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Punishment for violation.
(a) Whoever willfully violates any provision of Article 2 or Article 3 of this Chapter shall be guilty of a Class 1 misdemeanor, except as provided in those Articles. In addition, no lobbyist who is convicted of a violation of the provisions of this chapter shall in any way act as a lobbyist for a period of two years from the date of conviction.
(b) In addition to the criminal penalties set forth in this section, the Secretary of State may levy civil fines for a violation of any provision of Articles 2, 4, or 8 of this Chapter up to five thousand dollars ($5,000) per violation. In addition to the criminal penalties set forth in this section, the Commission may levy civil fines for a violation of any provision of this Chapter except Article 2, 4, or 8 of this Chapter up to five thousand dollars ($5,000) per violation.
Note: § 120C-602 refers § 120C-602 to lobbyist disclosure requirements--not specifically to the giving of testimony to legislators or staff.
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North Dakota
North Dakota Code Chapter
§ 54-05.1-06
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Unlawful means to influence legislative assembly. In addition to the violation of any other provision of this chapter, it is unlawful for any lobbyist or for any other person:…
3. To attempt to influence any member of the legislative assembly without first making known to such member the real and true interest the person has in such measure, either personally or as agent or attorney.
54-05.1-07. Penalty.
Any person who violates any provisions of this chapter is guilty of a class B misdemeanor…
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Ohio
Ohio Revised Code 101.71.; 101.75
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§ 101.71. Prohibitions
(D) No person shall knowingly file a false statement that section 101.73 or 101.74 of the Revised Code requires the person to file.
§ 101.75. An employer or legislative agent who files a false statement of expenditures or details of a financial transaction is liable in a civil action to any public officer or employee who sustains damage as a result of the filing or publication of the statement.
Note: § 101.71 refers to lobbyist disclosure requirements--not specifically to the giving of testimony to legislators or staff.
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Oklahoma
Oklahoma Statutes Title §74-4251, § 74-4255
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False statements.
No person required to be registered under Section 6 of this act may:
1. Knowingly or willfully make any false statement or representation of the facts to a member of the legislative branch, judicial branch or executive branch; or
2. Knowing a document to contain a false statement, cause a copy of the document to be received by a member of the legislative branch, judicial branch or executive branch without notifying such member in writing of the truth.
Penalties.
A. Any person who knowingly and willfully violates any provision of Sections 5 through 11 of this act or Chapter 23 of the Rules of the Ethics Commission commits a misdemeanor. Nothing in Sections 5 through 11 of this act relieves a person of criminal responsibility under the laws of this state relating to perjury.
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Oregon
Oregon Revised Statutes
Chapter 171.764 State Legislature
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False statement or misrepresentation by lobbyist or public official prohibited; defense.
(1) No lobbyist or public official, as defined in ORS 244.020, shall make any false statement or misrepresentation to any legislative or executive official or, knowing a document to contain a false statement, cause a copy of such document to be received by a legislative or executive official without notifying such official in writing of the truth as prescribed in subsection (2) of this section.
(2) It is a defense to a charge of violation of subsection (1) of this section if the person who made the false statement or misrepresentation retracts the statement or misrepresentation and notifies the official in writing of the truth:
(a) In a manner showing complete and voluntary retraction of the prior false statement or misrepresentation; and
(b) Before the subject matter of the false statement or misrepresentation is submitted to a vote of a legislative committee or either house of the Legislative Assembly or is relied upon by an executive official in an administrative hearing.
(3) As used in this section:
(a) “False statement or misrepresentation” means the intentional misrepresentation or misstatement of a material fact.
(b) “Material” means that which may have affected the course or outcome of any proceeding or transaction if known prior to the proceeding or transaction. [1993 c.743 §6]
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Pennsylvania
Title 65 Public Officers, Part II Accountability, Chapter 13A Lobbying Disclosure, §13A07 Prohibited Activities
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(c) Falsification
A lobbyist, lobbying firm or principal may not, for the purpose of influencing legislative action or administrative action, transmit, utter or publish to a State official or employee a communication, knowing that the communication or a signature on the communication is false, forged, counterfeit or fictitious.
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Rhode Island
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No provision found.
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South Carolina
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No provision found.
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South Dakota
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No provision found.
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Tennessee
Tennessee Code 3-6-304
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Restrictions on Lobbying
(b) No employer of a lobbyist or lobbyist shall knowingly make or cause to be made any false statement or misrepresentation of the facts concerning any matter for which the lobbyist is registered to lobby to any official in the legislative or executive branch.
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Texas
Texas Government Code Title 3, Legislative Branch.
§ 305.021 False Communications
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FALSE COMMUNICATIONS.
A person, for the purpose of influencing legislation or administrative action, may
not:
(1) knowingly or willfully make a false statement or misrepresentation of the facts to a member of the legislative or executive branch; or
(2) cause a copy of a document the person knows to contain a false statement to be received by a member of the legislative or executive branch without notifying the member in writing of the truth.
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Utah
Utah Code Title § 36-11-303
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Prohibition on communicating false information to a public officer.
A person may not intentionally communicate to a public official any false information materially related to a matter within the responsibility of the public official.
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Vermont
Vermont Code Title 2, Chapter 11, Section § 267
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Verification of statements and reports.
Any statement or report required to be made under any provision of this chapter shall contain or be verified by a written declaration that it is made under the penalties of perjury.
Note: § 267 refers to lobbyist disclosure requirements--not specifically to the giving of testimony to legislators or staff.
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Virginia
Virginia Code § 2.2-433
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Prohibited acts; violation a misdemeanor.
A. No lobbyist shall:
3. Misrepresent in any material respect or omit any information required to be reported pursuant to this article.
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Washington
Washington Code RCW 42.17A.655
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Lobbyists' duties, restrictions
(1) A person required to register as a lobbyist shall substantiate financial reports required to be made under this chapter with accounts, bills, receipts, books, papers, and other necessary documents. All such documents must be obtained and preserved for a period of at least five years from the date of filing the statement containing such items and shall be made available for inspection by the commission at any time. If the terms of the lobbyist's employment contract require that these records be turned over to his or her employer, responsibility for the preservation and inspection of these records under this subsection shall be with such employer.
(2) A person required to register as a lobbyist shall not:
(b) Knowingly deceive or attempt to deceive any legislator as to any fact pertaining to any pending or proposed legislation;
(3) A violation by a lobbyist of this section shall be cause for revocation of his or her registration, and may subject the lobbyist and the lobbyist's employer, if the employer aids, abets, ratifies, or confirms the violation, to other civil liabilities as provided by this chapter.
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West Virginia
West Virginia Code §6B-3-7 and § 6B-3-9
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§ 6B-3-7. Duties of lobbyists.
A person required to register as a lobbyist under this article also has the following obligations, the violation of which constitutes cause for revocation of his or her registration and termination of his or her lobbying privileges and may subject the person, and the person's employer, if employer aids, abets, ratifies or confirms the violation, to other civil liabilities as provided by this chapter…
(2) In addition, a person required to register as a lobbyist may not:
(B) Knowingly deceive or attempt to deceive any government officer or employee as to any fact pertaining to a matter which is the subject of lobbying activity;
§ 6B-3-9. Penalties.
(a) Any person who is required under the provisions of this article to file an application, statement or report and who willfully and knowingly makes a false statement, conceals a material fact or otherwise commits a fraud in the application, statement or report is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars, or confined in a county or regional jail not more than one year, or both.
(c) A person who willfully and knowingly files a false report under the provisions of this article is liable in a civil action to any government officer or employee who sustains damage as a result of the filing or publication of the report.
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Wisconsin
Wisconsin Statutes Chapter 13, Subchapter III of Ch. 13, 13.69
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Enforcement and penalties.
(3) Any lobbyist who falsifies information provided under s. 13.68 (4) or any principal who files or any person who files or causes to be filed on behalf of any principal a falsified statement under s. 13.68 may be fined not more than $1,000 or imprisoned in the county jail for not more than one year.
(4) Any lobbyist who procures his or her license by fraud or perjury or any person who acts as a lobbyist without being licensed may be required to forfeit not more than $1,000 and shall not be eligible to be licensed as a lobbyist for the period of 3 years from the date of such conviction.
(6m) Any principal, lobbyist or other individual acting on behalf of a principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 which he or she does not believe to be true is guilty of a Class H felony.
Note: § 13.69 refers to lobbyist disclosure requirements--not specifically to the giving of testimony to legislators or staff.
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Wyoming
Wyoming Statutes 28-7-102
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Penalties.
(a) Any person or individual failing to register as a lobbyist with the secretary of state shall be guilty of a misdemeanor subject to a fine of not more than two hundred dollars ($200.00).
(b) Any person or organization failing to file a lobbyist activity report required under this section or who files a lobbyist activity report containing information which the lobbyist knows to be false is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00). Upon a second or subsequent conviction under this section, any person or organization shall have his right to be a registered lobbyist revoked by the secretary of state for a period of up to two (2) years in addition to any fine.
Note: 28-7-102 refers to lobbyist disclosure requirements--not specifically to the giving of testimony to legislators or staff.
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