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.

Q: I want to sell my company’s product to a state or local government entity. Do I need to register as a lobbyist?

A: Jurisdictions approach the issue of procurement lobbying differently and registration requirements can vary widely from one jurisdiction to the next.

Some jurisdictions completely exempt procurement activities from their definition of lobbying. For example, in Maine, registration is not required for procurement-related activities because those activities are not considered lobbying. On the other hand, jurisdictions like Idaho require registration for procurement-related activities, subject only to the state’s general registration threshold.

To complicate matters further, some jurisdictions set different registration thresholds for procurement lobbying activities than they do for other lobbying activities. In Florida, for example, employees engaged in procurement activities on behalf of their employer are required to register as executive branch lobbyists if they lobby to procure a contract with a value of more than $20,000.

Additionally, even if a state’s law doesn’t cover a particular procurement activity, local entities and municipalities may have more stringent registration requirements that do reach your contemplated activities. Certain hospital systems and school districts in Florida, for example, require representatives of companies hoping to do business with them to register as lobbyists prior to meeting with them to discuss potential procurement opportunities.

Though sales teams often function separately from government affairs teams, if your company is selling to a governmental entity, you should carefully consider whether any lobbying laws will apply to your procurement efforts.

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

Q: I’ve had a few discussions with legislators in Washington. Do I need to register?

A: Unlike some states that require registration before you begin lobbying, Washington is not a “first toe in the water state.” As a result, there are some activities that you can engage in before or without the need to register as a lobbyist.

Washington requires you to register as a lobbyist once you have either conducted lobbying activities for more than four days, or parts of four days, in a three-month period, or made total expenditures exceeding $35 in a three-month period for or on behalf of public officials. So, if your lobbying activity is extremely sporadic and limited, you may not need to register.

But Washington also has a relatively narrow definition of what constitutes lobbying. Lobbying is defined as an attempt to influence the passage or defeat of any legislation or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency. This definition excludes acts of goodwill lobbying, like small-talk with lawmakers or general relationship-building with public officials. But, be mindful of your activities, because if your small-talk conversation turns to shoptalk about a specific issue or piece of legislation, then that conversation will put you closer to crossing the lobbying registration threshold.

Similarly, the state’s lobbying law carves out several activities that it does not consider lobbying. If you limit your activities to appearing before public sessions of committees of the legislature or public hearings of state agencies, then you will not need to register. Similarly, activities by persons whose participation was solicited by an agency under a negotiated rulemaking or pilot rulemaking agency will not, by themselves, require you to register as a lobbyist.

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

On April 3, Gov. Murphy signed Senate Bill 2866, the Elections Transparency Act.

The act doubles the limit on contributions to candidates; triples contribution limits to state and political parties; and decreases the threshold for reporting contributions from $300 to $200.

The act also creates additional independent expenditure reporting requirements and eliminates local pay-to-play rules, replacing them with the statewide pay-to-play law.

The Election Law Enforcement Commission’s operations are also affected.

The agency will now have only two years, instead of 10, to investigate violations of campaign finance law and Murphy is permitted to appoint an entirely new slate of commissioners to the Election Law Enforcement Commission without Senate approval in the next 90 days.

The new campaign finance limits and independent expenditure reporting requirements go into effect on June 27, while the provisions affecting state and local pay-to-play law took effect immediately.

A special election has been scheduled to fill the upcoming vacancy in the state’s 1^st Congressional District.

The seat will become vacant when Rep. David Cicilline’s resignation takes effect on June 1.

A primary election will be held on September 5, followed by a general election on November 7.

The winner of the special election will serve the remainder of the term set to expire on January 3, 2025.

A bill overhauling the state’s campaign finance laws and the composition of its ethics agency is making its way through the New Jersey Legislature.

Senate Bill 2866, the Elections Transparency Act, doubles contribution limits to candidates; allows Gov. Murphy to appoint an entirely new slate of commissioners to the Election Law Enforcement Commission without Senate approval; and requires the reporting of all independent expenditure contributions in excess of $7,500.

The act was introduced last June and passed by the Senate on March 20.

A special election has been scheduled for June 13 to fill a vacant state representative seat in Maine House District 45.

The seat became vacant when Rep. Clinton Collamore resigned last month after being indicted on charges related to violations of the state’s Clean Election Act.

The winner of the special election will serve the remainder of the term set to expire at the end of 2024.

A special election has been scheduled for May 16 to fill a vacant state representative seat in House District 108.

The seat became vacant when current state Sen. Lynda Schlegel Culver won the January 31 special election for the Senate District 27 seat.

The winner of the special election will serve the remainder of the term set to expire at the end of 2024.

City Council passed a city charter amendment requiring individuals and entities making independent expenditures related to municipal ballot questions to file disclosure reports.

Local Law No. 22 of 2023 requires individuals and entities making independent expenditures of $5,000 or more in support or opposition to a municipal ballot proposal or referendum to file independent expenditure disclosure reports.

The new reporting requirement will take effect on January 1, 2024.

The Vermont state’s Elections Division increased contribution limits.

Under the revised limits, contributions of up to $1,120 per election cycle may be made to state representative candidates, and contributions of up to $1,680 per election cycle may be made to state senate candidates.

Individuals and PACs may contribute up to $4,480 to statewide candidates and PACs per election cycle.

The adjusted limits represent a 6.4% increase for the entire 2024 election cycle.

Maine’s Commission on Governmental Ethics and Elections Practices raised contribution limits.

Individuals and PACs may now contribute up to $1,950 per election to gubernatorial candidates, up to $475 per election to legislative candidates, and up to $575 per election for municipal candidates.

The next adjustment to contribution limits is expected to occur in January 2025

What are your areas of expertise?

I focus on the lobbying, campaign finance, and pay-to-play laws in the northeastern United States.

How long have you been with State and Federal Communications?

I have been with State and Federal for a year and a half.

How do you help our clients?

I keep our clients up-to-date on new and changing laws and regulations and provide information on how they can stay compliant in the region.

Democrats control the state House after winning three special elections yesterday.

The single-seat majority represents the first time Democrats have controlled the House in over a decade.

Joe McAndrew, Abigail Salisbury, and Matt Gergely won elections in District 32, 34, and 35 and will serve until the end of 2024.

Three special elections have been scheduled for February 28, to fill vacant seats in the state’s Assembly District 6, 100, and 148.

The Assembly District 6 seat was vacated by Rep. Edwin Vargas when he resigned to pursue an academic post.

The Assembly District 148 seat was vacated when Rep. Daniel Fox resigned to accept an anticipated judicial nomination.

The Assembly District 100 seat was vacated when Rep. Quentin Williams was killed in a car crash earlier this month.

The winner of each election on February 28 will serve the remainder of each term, all of which expire at the end of 2024.