The Basics of Lobbying
OR
In the words of Mick Jagger and the Rolling Stones
YOU CAN’T ALWAYS GET WHAT YOU WANT. BUT IF
YOU TRY SOMETIMES.
YOU JUST MIGHT FIND.
YOU GET WHAT YOU NEED.
ALRIGHT!
The Right To Be Heard Does Not
Automatically Include the Right to be
Taken Seriously!
Hubert Humphrey
PUBLIC INTERESTS
VS.
SPECIAL INTERESTS
The “Right to Petition the Government”
• Declaration of Independence
• Federalist Papers
• US Constitution, Amendment 1
Basic Function of a Lobbyist is to
Educate
Uniquely Able to Bridge the Gap
of Divided Government
Lobbyists Play A Critical Intermediating Role
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A Lobbyist’s Job Is Complex
Preparation
Advocacy
Reputation and Credibility
Policy and Political Considerations
Understanding the Procedures of
Government
Political Contributions
• Do they Lead to Access
• Do they Lead to Results
• Do they Lead to Headaches
Indiana Definition:
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A lobbyist is a person who "engages in lobbying" and
who "in any registration year, receives or expends an
aggregate of five hundred dollars ($500) in
compensation or expenditures reportable under this
article for lobbying, whether the compensation or
expenditure is solely for lobbying or the lobbying is
incidental to that person's regular employment."
“Lobbying” as communicating by any means, or paying
others to communicate by any means, with any
legislative person for the purpose of influencing any
legislative action. Filing requirements apply to any
lobbyist.
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Registration Statements must be filed
annually on or before January 15th or within
fifteen (15) days of becoming a lobbyist,
whichever is later, and terminate on December
31st of each year.
Employers and compensated lobbyists must
register separately by filing the appropriate
forms accompanied by the designated
registration fee.
A penalty of $100 per day, but not to exceed
$4,500, is imposed for any lobbyist registration
or activity report filed after the statutory deadline.
The Commission may waive the late filing
penalty if it determines that circumstances make
imposition of the penalty inappropriate.
Federal Definition:
• Lobbyist: Any individual (1) who is either
employed or retained by a client for financial or
other compensation (2) whose services include
more than one lobbying contact; and (3) whose
lobbying activities constitute 20 percent or more
of his or her services’ time on behalf of that
client during any three-month period.
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Lobbying Activities:
– Lobbying contacts and any efforts in support of such
contacts, including preparation or planning activities,
research and other background work that is intended,
at the time of its preparation, for use in contacts and
coordination with the lobbying activities of others.
Lobbying Contact:
– Any oral, written or electronic communication to a
covered official that is made on behalf of a client with
regard to the enumerated subjects at 2 U.S.C.
§1602(8)(A).
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(i) the formulation, modification, or adoption of Federal
legislation (including legislative proposals);
(ii) the formulation, modification, or adoption of a Federal
rule, regulation, Executive order, or any other program,
policy, or position of the United States Government;
(iii) the administration or execution of a Federal program
or policy (including the negotiation, award, or
administration of a Federal contract, grant, loan, permit,
or license); or
(iv) the nomination or confirmation of a person for a
position subject to confirmation by the Senate.
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Know Your Client and Know Your Client’s Issue
Put Your Client in a Position to be a Resource
Know the Opponent’s Objections and Arguments
Tie the Client’s Needs to the Public’s Interest
Know the Legislator and the Legislator’s District
Never put the Legislator in a Situation Where the
Legislator Casts a Vote Based Upon Incomplete or
Inaccurate Information
Always Say Thank You and be Supportive if Possible
Remember It’s Not a One Inning Ball Game. Embrace
incrementalism, if necessary.
Questions?