Q. I’m sending informational emails to legislators to educate them about an issue. Do I need to register as a lobbyist?

A. In some jurisdictions, yes, you’ll need to register for informational or educational communications to legislative officials.

Making this determination usually depends on a few factors: 1) the definition of lobbying in the jurisdiction, 2) the intent behind sending the information, and 3) the presence of any registration exceptions or thresholds.

If a jurisdiction has a very broad definition of lobbying, or a very low registration threshold, then it is likely you will need to register for the type of communication mentioned above. For example, Illinois requires registration as a lobbyist before you perform a lobbying activity, and the state has a broad definition of lobbying that includes communicating with legislative officials to promote goodwill or build relationships. As a result, if you are proactively communicating with legislative officials there, it is likely you will need to register.

In contrast, some states might have a low registration threshold but also include registration exceptions that would limit or eliminate your need to register. For example, Nebraska specifically excludes persons who limit their lobbying activity solely to writing letters or furnishing written materials to the legislature from the need to register.

Other jurisdictions have exceptions for information provided by technical experts who do not otherwise lobby, and for individuals who provide information only in response to a question or query from an official.

Because the regulatory environment surrounding lobbying can vary widely from jurisdiction to jurisdiction, you need to consider carefully the circumstances of a specific interaction when determining whether registration is or will be necessary. The decision to register is often one that is based on the specific facts of your particular engagement, so if you prefer to take a one-size-fits-all approach, you may need to err on the side of registering (and consequently reporting) to be sure that you are complying with every jurisdiction’s requirements.

More information about procurement lobbying requirements can easily be found on our website in the Registration section of the Lobbying Compliance Guidebook.