The Basics of LobbyingThe Basics of Lobbying

OROR

In the words of Mick Jagger and the Rolling StonesIn the words of Mick Jagger and the Rolling Stones

YOU CAN’T ALWAYS GET WHAT YOU WANT. BUT IF YOU CAN’T ALWAYS GET WHAT YOU WANT. BUT IF YOU TRY SOMETIMES. YOU TRY SOMETIMES.

YOU JUST MIGHT FIND. YOU JUST MIGHT FIND. YOU GET WHAT YOU NEED.YOU GET WHAT YOU NEED.

ALRIGHT!ALRIGHT!

The Right To Be Heard Does Not The Right To Be Heard Does Not Automatically Include the Right to be Automatically Include the Right to be Taken Seriously!Taken Seriously!

Hubert HumphreyHubert Humphrey

PUBLIC INTERESTSPUBLIC INTERESTSVS.VS.

SPECIAL INTERESTSSPECIAL INTERESTS

The “Right to Petition the Government”The “Right to Petition the Government”• Declaration of IndependenceDeclaration of Independence• Federalist PapersFederalist Papers• US Constitution, Amendment 1US Constitution, Amendment 1

Basic Function of a Lobbyist is to Basic Function of a Lobbyist is to EducateEducate

Uniquely Able to Bridge the Gap Uniquely Able to Bridge the Gap of Divided Governmentof Divided Government

Lobbyists Play A Critical Intermediating RoleLobbyists Play A Critical Intermediating Role

A Lobbyist’s Job Is ComplexA Lobbyist’s Job Is Complex• PreparationPreparation• AdvocacyAdvocacy• Reputation and CredibilityReputation and Credibility• Policy and Political ConsiderationsPolicy and Political Considerations• Understanding the Procedures of Understanding the Procedures of

GovernmentGovernment

Political ContributionsPolitical Contributions• Do they Lead to AccessDo they Lead to Access• Do they Lead to ResultsDo they Lead to Results• Do they Lead to HeadachesDo they Lead to Headaches

Indiana Definition:Indiana Definition:

• A lobbyist is a person who "engages in lobbying" and A lobbyist is a person who "engages in lobbying" and who "in any registration year, receives or expends an who "in any registration year, receives or expends an aggregate of five hundred dollars ($500) in aggregate of five hundred dollars ($500) in compensation or expenditures reportable under this compensation or expenditures reportable under this article for lobbying, whether the compensation or article for lobbying, whether the compensation or expenditure is solely for lobbying or the lobbying is expenditure is solely for lobbying or the lobbying is incidental to that person's regular employment." incidental to that person's regular employment."

• ““Lobbying” as communicating by any means, or paying Lobbying” as communicating by any means, or paying others to communicate by any means, with any others to communicate by any means, with any legislative person for the purpose of influencing any legislative person for the purpose of influencing any legislative action. Filing requirements apply to any legislative action. Filing requirements apply to any lobbyist.lobbyist.

• Registration Statements Registration Statements must be filed must be filed annually on or before January 15th or within annually on or before January 15th or within fifteen (15) days of becoming a lobbyist, fifteen (15) days of becoming a lobbyist, whichever is later, and terminate on December whichever is later, and terminate on December 31st of each year. 31st of each year.

• Employers and compensated lobbyists must Employers and compensated lobbyists must register separately by filing the appropriate register separately by filing the appropriate forms accompanied by the designated forms accompanied by the designated registration fee.registration fee.

A penalty of $100 per day, but not to exceed A penalty of $100 per day, but not to exceed $4,500, is imposed for any lobbyist registration $4,500, is imposed for any lobbyist registration or activity report filed after the statutory or activity report filed after the statutory deadline. The Commission may waive the late deadline. The Commission may waive the late filing penalty if it determines that circumstances filing penalty if it determines that circumstances make imposition of the penalty inappropriate.make imposition of the penalty inappropriate.

Federal DefinitionFederal Definition: : • Lobbyist: Any individual (1) who is either Lobbyist: Any individual (1) who is either

employed or retained by a client for financial or employed or retained by a client for financial or other compensation (2) whose services include other compensation (2) whose services include more than one lobbying contact; and (3) whose more than one lobbying contact; and (3) whose lobbying activities constitute 20 percent or more lobbying activities constitute 20 percent or more of his or her services’ time on behalf of that of his or her services’ time on behalf of that client during any three-month period. client during any three-month period.

• Lobbying Activities: Lobbying Activities: – Lobbying contacts and any efforts in support of such Lobbying contacts and any efforts in support of such

contacts, including preparation or planning activities, contacts, including preparation or planning activities, research and other background work that is intended, research and other background work that is intended, at the time of its preparation, for use in contacts and at the time of its preparation, for use in contacts and coordination with the lobbying activities of others. coordination with the lobbying activities of others.

• Lobbying Contact: Lobbying Contact: – Any oral, written or electronic communication to a Any oral, written or electronic communication to a

covered official that is made on behalf of a client with covered official that is made on behalf of a client with regard to the enumerated subjects at 2 U.S.C. regard to the enumerated subjects at 2 U.S.C. §1602(8)(A). §1602(8)(A).

• (i) the formulation, modification, or adoption of Federal (i) the formulation, modification, or adoption of Federal legislation (including legislative proposals); legislation (including legislative proposals);

• (ii) the formulation, modification, or adoption of a Federal (ii) the formulation, modification, or adoption of a Federal rule, regulation, Executive order, or any other program, rule, regulation, Executive order, or any other program, policy, or position of the United States Government; policy, or position of the United States Government;

• (iii) the administration or execution of a Federal program (iii) the administration or execution of a Federal program or policy (including the negotiation, award, or or policy (including the negotiation, award, or administration of a Federal contract, grant, loan, permit, administration of a Federal contract, grant, loan, permit, or license); or or license); or

• (iv) the nomination or confirmation of a person for a (iv) the nomination or confirmation of a person for a position subject to confirmation by the Senate. position subject to confirmation by the Senate.

• Know Your Client and Know Your Client’s IssueKnow Your Client and Know Your Client’s Issue• Put Your Client in a Position to be a ResourcePut Your Client in a Position to be a Resource• Know the Opponent’s Objections and Arguments Know the Opponent’s Objections and Arguments • Tie the Client’s Needs to the Public’s Interest Tie the Client’s Needs to the Public’s Interest • Know the Legislator and the Legislator’s DistrictKnow the Legislator and the Legislator’s District• Never put the Legislator in a Situation Where the Never put the Legislator in a Situation Where the

Legislator Casts a Vote Based Upon Incomplete or Legislator Casts a Vote Based Upon Incomplete or Inaccurate InformationInaccurate Information

• Always Say Thank You and be Supportive if PossibleAlways Say Thank You and be Supportive if Possible• Remember It’s Not a One Inning Ball Game. Embrace Remember It’s Not a One Inning Ball Game. Embrace

incrementalism, if necessary.incrementalism, if necessary.

Questions?Questions?