Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Principles.
(1) While Direct Lobbying
attempts to influence a Public Official through a Direct Contact by the
Lobbyist, Grassroots Lobbying attempts to influence a Public Official
indirectly, or through another.
(2)
A Grassroots Lobbyist is a person or organization who solicits another to
deliver a message to a Public Official; the audience or recipients of
grassroots communications who voluntarily (and without compensation)
subsequently deliver the message to the Public Official are not Grassroots
Lobbyists.
(3) Every Grassroots
Lobbying Communication is attributable to a Lobbyist, which may be the
organization as a whole.
(4)
Grassroots Lobbying does not require the identification of an Individual
Lobbyist(s) on lobbying reports unless the individual engaged in Grassroots
Lobbying is a Retained Lobbyist, as set forth in subdivision (e) of this
section, or is retained or compensated specifically for their social media
activities, as set forth in subdivision (f)(2)(ii) of this
section.
(b) Definitions.
(1)
Grassroots Lobbying
means an attempt to indirectly influence an action enumerated in section
1-c(c)(i)-(x) of the Lobbying Act through a Grassroots Lobbying Communication,
which may be communicated via various forms, including, but not limited to,
those listed in subsection 943.7(g).
(2)
Grassroots Lobbying
Communication means a communication that:
(i) References or otherwise implicates an
action enumerated in section 1-c(c)(i)-(x) of the Lobbying Act;
(ii) Takes a clear position on that action;
and
(iii) Includes a Call to
Action.
(3)
Call
to Action means:
(i) A solicitation,
exhortation, or encouragement to the public, a segment of the public, or an
individual to:
(1) directly contact a Public
Official; or
(2) solicit, exhort, or
encourage others to directly contact a Public Official. To qualify as a Call to
Action, the communication need not specify the form the contact must
take;
(ii) The inclusion
of an address, email address, website address, phone number or similar contact
information for a Public Official even if the communication does not
specifically exhort the public to contact the Public Official; or
(iii) The inclusion of a paper or electronic
petition, text message, social media communication, or similar material (or
electronic link to such petition or material) for the recipient to use to
communicate with a Public Official even if the communication does not
specifically exhort the public to use such material.
(c) Grassroots Lobbying and the
Individual
(1) A person who publishes a
Grassroots Lobbying Communication is engaged in Grassroots Lobbying on their
own behalf and acting as their own Designated Lobbyist.
(i) For example, a person who buys billboard
space that includes a Grassroots Lobbying Communication is engaging in
Grassroots Lobbying on their own behalf.
(2) A person who engages in Grassroots
Lobbying on their own behalf acting as their own Designated Lobbyist is the
Principal Lobbyist but is not required to list themselves as an Individual
Lobbyist unless such person also engages in Direct Lobbying.
(d) Grassroots Lobbying and the
Lobbying Organization
(1) An organization
engages in Grassroots Lobbying on its own behalf when a Grassroots Lobbying
Communication is issued by the organization, including when an employee or
Designated Lobbyist of the organization delivers a Grassroots Lobbying
Communication at the direction of the organization.
For example, an organization that includes a Grassroots
Lobbying Communication on its website is engaging in Grassroots Lobbying on its
own behalf.
An organization that issues a press release on its own
letterhead that includes a Grassroots Lobbying Communication is engaging in
Grassroots Lobbying on its own behalf.
(2) Employed and Designated Lobbyists are not
required to be listed as Individual Lobbyists by organizations based on
Grassroots Lobbying.
(3) Expenses
incurred by an organization acting as its own Grassroots Lobbyist shall be
attributable to such organization.
(e) Grassroots Lobbying and the Retained
Lobbyist.
(1) A Retained Lobbyist's activities
on behalf of a Client constitute Grassroots Lobbying and an Individual Lobbyist
must be listed on lobbying reports if the Retained Lobbyist delivers a
Grassroots Lobbying Communication and can be identified as speaking for,
representing, or endorsing the position of the Client.
(i) A person is not required to be identified
as an Individual Lobbyist solely by being included as a contact person on a
Client's Grassroots Lobbying Communication on Client letterhead.
(ii) For example, the owner of a billboard is
not speaking for, representing, or endorsing the position taken by the Client
that has rented space on the billboard. However, an individual who is paid to
speak on behalf of a Client and delivers a Grassroots Lobbying Communication
should be identified as an Individual Lobbyist.
(f) Grassroots Lobbying through Social Media.
(1) A Social Media communication constitutes
a Grassroots Lobbying Communication when it satisfies the criteria set forth in
subpart 943.7(b)(2).
(2)
Attribution of Social Media activities and expenses to Principal Lobbyists.
(i) When Grassroots Lobbying through a Social
Media communication is undertaken by an organization,
through the
organization's Social Media account(s), this activity is reportable
Lobbying Activity by the organization.
(a) No
Individual Lobbyists are required to be listed on lobbying filings based on
this activity alone.
(ii)
When Grassroots Lobbying through a Social Media communication is undertaken by
an individual,
through their personal social media account(s),
this activity is
not reportable Lobbying Activity
unless such individual is specifically retained by a Client for such Social
Media activity.
(a) In this case, the
individual should register as a Lobbyist on behalf of the paying Client,
listing themselves as an Individual Lobbyist.
(b) Any expenses incurred to create, promote,
place or otherwise highlight an individual's personal Social
Media activity that are reportable pursuant to subparagraph (ii) above, are
reportable by the party incurring the expenses.
(iii) Reportable expenses attributable to an
organization's or individual's Grassroots Lobbying via Social Media may
include, but are not limited to: consulting services, sponsoring posts, staff
time allocated to planning and posting, search engine optimization and
sponsoring, and advertising.
(iv) A
reasonable methodology used in good faith to calculate lobbying expenses
related to Grassroots Lobbying via Social Media is acceptable.
(g) General Grassroots
Lobbying Examples.
(1) Any of the following
could involve Grassroots Lobbying, as defined herein,
if the required elements of a Grassroots Lobbying
Communication are otherwise present:
(i) Rallies;
(ii) Billboards;
(iii) Print media advertisements;
(iv) Websites;
(v) Social Media communications;
(vi) Television and radio
commercials;
(vii) Letter writing
campaigns; or
(viii) Personal
requests by a Lobbyist for another person to contact a Public Official.
(2) The following
functions or roles, standing alone, would not constitute Grassroots Lobbying:
(i) Owners of billboards or signs;
(ii) Copy editing;
(iii) Advertisement writers;
(iv) Storyboard artists;
(v) Film crews;
(vi) Photographers;
(vii) Video editors;
(viii) Website managers, hosts, or internet
service providers;
(ix) Media
outlets or broadcasters;
(x) Media
buyers or placement agents;
(xi)
Delivery services; or
(xii)
Secretaries, clerical, and ministerial staff.