Q. My company is running ads in several states asking the public to contact their legislators in favor of pending legislation, so-called grassroots lobbying. My team member insists we do not need to worry about disclosing this activity. Is that correct?

A. As is often my response when talking about state lobbying, the answer is, “It depends on the state.” Your colleague is correct in a number of states. Alabama, Oklahoma, and Utah are among the states that do not require registration or reporting for solely engaging in grassroots lobbying.

Many states consider grassroots activities to be lobbying, and they will therefore count towards lobbyist registration. Rhode Island includes a good example of this, providing in its statute that lobbying includes soliciting others to act for the purpose of promoting any action by any member of the legislative branch of state government. In Pennsylvania, lobbying includes an effort to influence legislative action through indirect communications. You should know the definition of lobbying in the affected states so you can determine if lobbyist registration is required for your ads.

The expenses for these advertisements may need to be disclosed. If your company is not registered as a lobbyist employer or principal, special reporting may be required. California requires entities expending $5,000 or more in a calendar quarter in connection with soliciting or urging others to enter into direct communications with any elective state official or legislative official to file Form 645 according to the same quarterly schedule for lobbyist reports. Washington requires a company who has made expenditures, not reported by a registered lobbyist, exceeding $3,000 in the aggregate within any three-month period or $1,500 in the aggregate within any one-month period in presenting a campaign to the public, a substantial portion of which is intended to solicit the public to influence legislation, to register and file monthly reports as a sponsor of a grassroots lobbying campaign. Keep in mind that California and Washington are like a number of states, requiring grassroots lobbying expenses to be disclosed if you company is already registered.

We are seeing increasing regulation of grassroots lobbying in the states. You should be aware of your disclosure requirements before running any such campaigns.

The information from this response can easily be found on our website in the Lobbying Compliance section of the United States Lobbying Compliance Guidebook. Please do not hesitate to contact us if you have questions.

Q: I’m travelling to a new state to have lobbying meetings with legislators and staffers. My outside counsel will be with me and has told me I don’t need to register as a lobbyist because we will be together. Is this true?

A: This is a question I get routinely and I refer to it as the “bubble rule.” The basic idea is if I am with a registered lobbyist while engaging in lobbying, I will not have to register myself. The majority of states do not have such a rule. When you engage in lobbying, you must evaluate whether you need to register independently of the fact that a registered lobbyist is with you during your communications.

Some states do have a version of the “bubble rule”. In California, an individual does not engage in a direct lobbying communication if he or she is an employee of a lobbyist employer, meets or speaks with a qualifying official in the company of a registered lobbyist retained by the individual’s employer, and participates as a subject matter expert. Idaho will not require registration for employees of a corporate entity if the entity itself has registered as a lobbyist, has appointed one or more of its employees or contractors as its official designated lobbyist, and the person so appointed by the entity has registered. Finally, Utah might have the best version of the rule. In short, an individual representing an entity who interacts with a public official, while accompanied by a registered lobbyist who is lobbying in relation to the subject of the interaction, is not required to register so long as the person does not make an expenditure on a public official.

Please keep in mind the nature of the interaction and why you are accompanying your outside counsel may itself be an exemption to lobbyist registration. You may be serving as a subject matter expert, which is referenced in the above California example. You may be testifying before a legislative committee, which is often seen as an exemption from lobbyist registration. Remember if using a testifying exemption from registration, you often cannot engage in any other lobbying communications.

In summary, do not believe that you are exempt from lobbyist registration simply because you are lobbying with someone who is already registered. Know the laws in the state and evaluate your need to register independently of who is with you during your meetings.

The information from this response can easily be found on our website in the Lobbying Compliance section of the United States Lobbying Compliance Guidebook.  Please do not hesitate to contact us if you have questions.

Q: I need to register as a lobbyist in Quebec for my company. What steps do we need to complete in the new system?

A: The Lobbyist Registry in Quebec has been replaced by Carrefour Lobby Quebec.  Previously, the senior officer was responsible for creating an account, and would list any individual lobbyists or administrators on the company’s account.  With the new system using Carrefour Lobby Quebec, the senior officer and each lobbyist must create an individual account, referred to as a professional space.  A professional space can then be linked to an organization’s account, referred to as a collective space.

To create a personal space, you first need to create your account with Carrefour Lobby Quebec.  After creating your account, you must verify it.  You can use the Verified.Me platform, which requires you to login to your financial institution.  This is the easiest method to use.  In the alternative, you can use an ID verification form managed by Lobbyisme Quebec.  With this option, you will be required to upload photo identification such a driver’s license along with a recent financial statement verifying your current address.  Once authenticated, you will have access to your professional space.

The collective space for an organization can be opened by the senior officer, an employee, or even a third party.  Once the collective space has been opened, all individuals with an authenticated professional space can request access to the collective space.  The senior officer must approve or validate these requests.  All mandates can then be published to the collective space by the senior officer, a lobbyist, or an administrator who has been granted access by the senior officer.

The information from this response can easily be found on our website in the Lobbying Compliance section of the Canada Compliance Laws publication.  Please do not hesitate to contact us if you have questions.

Question:  I am the Senior Officer in Quebec for my company.  I have been receiving emails concerning a new website.  What do I need to know?

Answer:  Lobbying to design and administer a new platform to replace the current Registry of Lobbyists.  This new platform is called Carrefour Lobby Quebec.  Carrefour Lobby Quebec aims to be a modernization and update of the current registry.

On June 21, 2022, the first phase of Carrefour Lobby Quebec was deployed.  Senior officers of companies and organizations carrying out lobbying activities were invited to create their individual accounts in the new system, along with the corresponding account for their company or organization.  Authorized representatives and consultant lobbyists were also permitted to proceed with account creation in Carrefour Lobby Quebec.  Users can gain additional information on Carrefour Lobby Québec by viewing an introductory video. They can also review the methods of administration of the new system.

The second and final phase of the deployment will take place this fall.  The Commissioner of Lobbying recommended, as provided for in Bill 13, a decree be adopted fixing the final deployment of Carrefour Lobby Quebec for October 13, 2022.  The functionalities for entering lobbying activities will then be operational in the new system.   On October 13, 2022, the current Registry of Lobbyists will be officially closed and all information in the current registry will be transferred to Carrefour Lobby Quebec.  There will then be a 60-day validation period for all transferred information.

More information will be provided by the Commissioner of Lobbying as the deployment of the second phase approaches.  Until the new system is online, lobbying activities must be entered into the current registry.

The information from this response can easily be found on our website in the Lobbying Compliance section of the Canada Compliance Laws publication.  Please do not hesitate to contact us if you have questions.

Meet Jim Warner, Esq., Assistant Director, Compliance Services!

What are your areas of expertise?   

U.S. state and local lobbying compliance; Canadian federal, provincial, and local lobbying compliance

How many years of experience do you have at State and Federal Communications?

I have been with the company for 13 years.

How do you help our clients?

I assist with the administration of the Compliance Department for all of our ALERTS clients.  I work on lobbying disclosures on a monthly basis for U.S. and Canadian jurisdictions.  I also work on a wide variety of projects, including those related to gifts and hospitality, political contributions, and shareholder disclosures.