
Newberry's Marden to withdraw lobbying registration after learning it could violate state law
Newberry City Commissioner and mayoral candidate Tim Marden plans to withdraw a recently filed federal lobbying registration form after learning from The Sun that it could violate state law.
The federal form, digitally signed by Marden on March 10, is set to go into effect April 1 on behalf of his employer the John Birch Society, a Wisconsin-based political advocacy group.
The issue was raised during a political forum hosted and streamed by the city of Newberry, where Marden was asked how he would serve as a nonpartisan mayor while also lobbying for JBS and chairing the local Republican Party.
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"Well, I'm not a paid lobbyist per se directly by the John Birch Society. It is one of my jobs, I am a federal lobbyist in D.C., but I think that actually helps Newberry because it gives me a seat at the table with our federal officials. .." Marden answered.
However, Article II Section 8 of the Florida Constitution prohibits elected officials, including county commissioners and municipal officers, from lobbying for compensation on policy, appropriations, or procurement issues during their term in office, and for six years after leaving office.
Reached by phone Friday afternoon, Marden said he was surprised to learn about the law.
"That would actually be news to me," Marden said. "It sounds like I can't do that. If that's the case, so be it, I'll withdraw (as a lobbyist), that's perfectly fine. No harm no foul.
"We don't give any money to anybody, we're technically non-partisan as well, although we obviously lean more conservative. Our stance was to, 'Even though we're not, we might as well file to keep it out in the open.' "
Marden's lobbying registration form describes JBS' advocacy for following the Constitution, ending the Federal Reserve, promoting free trade, and advocating for the U.S. to leave the United Nations.
Marden, who has served as a Newberry city commissioner for the past 12 years, decided not to run for re-election this year and instead run for the mayoral seat left vacant by Jordan Marlowe, who decided to step aside and becomes the city's new manager. Marden's opponent in the mayoral race is local Realtor and businesswoman Joy Glanzer.
Restrictions on lobbying are currently in flux.
According to a story by Courthouse News Service, the 11th U.S. Circuit Court of Appeals in Atlanta is currently reviewing a case brought by South Miami Mayor Javier Fernandez and Miami-Dade County Commissioner Rene Garcia, who have asked that the court rule against part of a state amendment overwhelming approved by voters in 2018 that limits lobbying by elected officials.
'The issue with this law is it treats lobbying in every jurisdiction in the state of Florida the same,' attorney Scott Hiaasen told Courthouse News Service. 'The particular lobbying at issue here is that lobbying before a municipality hundreds of miles away is considered equal and likely to create the appearance of corruption.'
The Tallahassee Democrat reported in August 2023 that Garcia, Fernandez and other state officials had challenged the law, suing the Florida Commission on Ethics, Attorney General Ashley Moody and Chief Financial Officer Jimmy Patronis.
U.S. District Judge Beth Bloom sided with the plaintiffs who said the law violated their First Amendment Rights. The state then appealed the ruling to the 11th Circuit.
This article originally appeared on The Gainesville Sun: Newberry mayoral candidate Tim Marden to withdraw lobbying document
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