Insiders Talk: Winning with Lobbyists, Professional Edition: The "Client's Bible"

By Robert L Guyer

Insiders Talk: Winning with Lobbyists, Professional Edition (Manual 5) equips lobbyist-employers and in-house government affairs managers (clients) with tools for selecting the right contract lobbyist(s), negotiating and managing market-appropriate fees, working more effectively together, and successfully managing their government

• Language: English
• Publisher: Engineering THE LAW, Inc.
• Release date: Nov 5, 2018
• ISBN: 9780967724249

Robert L Guyer

Robert Guyer lobbied at the state, federal, and international levels both as an in-house and contract lobbyist. He has taught professional lobbying skills for 20 years. A graduate of the University of Florida he holds degrees in political science, civil engineering, and law; and is admitted to the practice of law in Florida and the District f Columbia. You may learn more about him, his Lobby School, and effective advocacy techniques at www.lobbyschool.com.

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Praise for Insiders Talk: Winning with Lobbyists Professional Edition

"Insiders Talk Winning with Lobbyists Professional edition is a timely, comprehensive treatise that should be on the desk of every in-house counsel and government affairs team. Not only an excellent reference point, but also great analysis on the current state of the lobbying profession."

—Neftalí (Nef) J. García, Esq.

VP, Governmental Affairs

McLane Company, Inc.

Temple, Texas

"The experiences herein of dozens of government affairs managers is a unique and original approach to the complex world of lobbying. This book can help beginning and even veteran clients become more sophisticated consumers of lobbying services. I may not agree with everything Bob Guyer has written, yet as a longtime provider of lobbying services I see Insiders Talk leading to a generation of clients able to get more out of themselves, their lobbyists, and advocacy investments."

­—Ron Phillips

Gavel Resources

Washington, D.C.

former faculty Johns Hopkins University

INSIDERS TALK

WINNING

WITH LOBBYISTS

PROFESSIONAL EDITION

ROBERT L. GUYER

Copyright © 2018 by Engineering THE LAW, Inc.

All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, digital scanning, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For permission requests, please address:

Engineering THE LAW, Inc.

13714 N. W. 21 Lane

Gainesville, Florida 32606, USA

Published 2018 by Engineering THE LAW, Inc.

Printed in the United States of America

20 19 18 1 2 3 4

ISBN 978-0-9677242-4-9

Library of Congress Control Number: 2018945664

Dedication

Cpl. Matthew C. Guyer (1986-2015), USMC (ret.), US Navy

Table of Contents for Professional Edition

Foreword

Preface

Expected Criticisms

Acknowledgments

Attributions

Disclaimer

Chapter 1. Overview of Lobbying

Lobbying Defined

Reasons to Lobby

Who May Lobby

Why You Need to Know Lobbying’s Ethics Laws

When You Need to Register as a Lobbyist

Whom to Lobby

Media

When to Lobby

Where to Lobby

Trust Is the Foundation of Effective Lobbying

Agencies Require Trust, Too

Legislative Procedure and Lobbying Are Similar in All States

Lobbying Is Mostly about Money

Follow the Money

When Lobbying Is Less about Money

Summary Chapter 1

Chapter 2. Determining Your Level of Need for Contract Lobbying Services

What a Lobbyist Can Do for You

Assessing Your Political Strength

Unregistered Government Affairs Counselors: Unlobbyists

Registered Lobbyists

What Lobbyists Offer

What Lobbyists Do Not Offer

Do Not Use an Unregistered Lobbyist—Including You

The Home-Folk Trump All Lobbyists

Culture Trumps Strategy

Summary Chapter 2

Chapter 3. Understanding Contract Lobbyists

Spectator and Minor-League Lobbyists

Principals Make the Lobbyist

Advantages of Minor-League Lobbyists

A Major-League Firm Is Not Always Your Best or Most Cost-Effective Choice

Major-League Lobbyists and Important Personality Traits

Relationship Reciprocity

Pressures on All Lobbyists

Lobbyists and Candor

Summary Chapter 3

Chapter 4. Determining Which Contract Lobbyist May Be Right for You

Initial Considerations in Qualifying a Contract Lobbyist

Characteristics of the Right Contract Lobbyist

Think Twice about These Kinds of Contract Lobbyists

Evaluating Your Attractiveness as a Client

Errors and Omissions Insurance

Summary Chapter 4

Chapter 5. Finding the Right Contract Lobbyist

When to Start Looking

Initial Steps in Finding the Right Contract Lobbyist

Companies That Match Principals with Contract Lobbyists

Pros and Cons of Using Law Firms as Contract Lobbyists

Eight Steps in the Recruitment and Selection of Contract Lobbyist Candidates

When the Wrong Contract Lobbyist Is Forced on You by a Legislator

When the Wrong Contract Lobbyist Is Forced on You by Your Organization

Hire Your Own In-House Government Affairs Staff

Summary Chapter 5

Chapter 6. Engaging a Contract Lobbyist

Engagement Documents

Contracts Are Not Necessary

Rein in Your Law Departments

Select Elements of the Principal-Lobbyist Understanding of Relationship

Bring Your Contract Lobbyist to Meet Your Principal’s Officers

Rebid the Engagement Every Two Years

Rebidding Reduces Client and Lobbyist Staleness and Codependence and Creates Accountability

Prematurely Ending Your Association

How to Fire a Contract Lobbyist

Your Contract Lobbyist Can Fire You, Too

Summary Chapter 6

Chapter 7. Negotiating and Managing Fees

Establishing Benchmarks

Elements in Determining an Appropriate Fee

Candidates’ Proposed Fees

Be on Guard for Lowball Bids

Fee Arrangements

Retainers

Managing Additional Charges

Bonuses

No Contingency Fees

Next Year’s Fees

Increasing Competition among Contract Lobbyists for Principals

You Are Hiring a Contract Lobbyist, Not a Martyr

Summary Chapter 7

Chapter 8. How to Be an Effective Client

Mutual Respect Is the Foundation of Synergism

Your Role as Principal’s Representative

Effective Clients Demonstrate Competence, Cultural Awareness, and Consistency

Effective Clients Carry Their Own Weight

Effective Clients Communicate Regularly and Appropriately

No News Is Not Good News

Effective Clients Have Crucial Conversations

More Characteristics of an Effective Client

Your Contract Lobbyist’s Response to Having an Effective Client

Bad Clients and How Contract Lobbyists Handle Them

Do Not Let Your Contract Lobbyist Wrest Control from You

Summary Chapter 8

Chapter 9. Understanding Lawmakers

Personalities of Lawmakers

How Candidates Campaign for Election

Uses of Power

Lawmakers Want to Keep the Power They Have and Get More

Lawmakers May Not Be Powerful Enough to Support You

Sometimes It’s Not All about the Power

Summary Chapter 9

Chapter 10. Which Lawmakers to Lobby

Three Tiers of Making a Difference

You May Never Secure Some Votes

Summary Chapter 10

Chapter 11. When Facts Matter and When They Don’t

Lawmaking Is Logical but Irrational

Facts Don’t Vote: The Legislative Process Is Based on Political Self-Interest

You Still Need Facts to Support Your Bill

Legislatures Are Swamped with More Information Than They Can Process

Technical Studies as Political Tools

Technical Studies Are Politically Risky

Technical Studies Are for Agencies

Your Lobbyist’s Role in Deciding upon a Study

Summary Chapter 11

Chapter 12. Power and Corruption

Hazards of Power

Acquired Situational Narcissism

Criminal Corruption among Lawmakers

Blurry Lines between Criminal, Unethical, and Unseemly

Corruption among Senior Legislative Staff

Corruption of the Governor, Staff, and Agencies

Be Aware but Don’t Expect Corruption

Power Tests Character

Summary Chapter 12

Chapter 13. Ethics Laws for Lobbyists and Clients

People Want to Trust Their Leaders

Need for Ethics Laws

Learn Your State’s Ethics Laws

Noncompliance

Ethics: Lobbyist to Lawmaker

Ethics: Lobbyist to Client

Professional Lobbyists’ Associations Ethics

Ethics: Client to Lawmaker

Client to Lobbyist Duties

Caution: You May be Liable for the Wrongdoing of Your Lobbyist

Term Limits

Summary Chapter 13

Chapter 14. Campaign Contributions

Perceptions and Realities

Significant Campaign Contributions Buy a Measure of Political Benefit

Buying Access

Access Is More about Image Than Getting Votes

How Candidates Spend Campaign Dollars

Campaign Finance Laws

Making Campaign Contributions Is Risky Business

Contribute to Candidates Who If Elected Could Help You

The Campaign Giving Season

Campaign Fundraisers

Determining the Appropriate Amount to Contribute

Your Name May Be More Valuable Than Your Money

How to Deliver a Campaign Contribution

Effective Campaign Contributions Don’t Have to Be Financial

Campaign Donation Checklist

Personal Campaign Contributions

Contract Lobbyists May Use One Client to Advantage Other Clients and Always Themselves

Contributions Show Your Love

Influence of Big Money on Lawmakers

Summary Chapter 14

Chapter 15. Lobbying Special Interests and Coalitions

Special Interests

What Special Interests Do

Lobbying Your Allies and Opponents

When to Talk to Your Opponents

Coalitions Aggregate, Apply, and Control Power

Coalitions Exist for Advantage, Not Love, Loyalty, or Debt

Joining a Coalition

Forming Your Own Coalition

Don’t Let Coalition Participation Cost You Your Job

When a Contract Lobbyist Suggests You Form Your Own Coalition

Holding a Coalition Together

Legislatures Expect Consistency from Coalitions

Antitrust Issues

Maintaining Good Relationships

Summary Chapter 15

Chapter 16. Lobbying Legislative Staff

Staff Levels Vary Among States

Staff Can Run the Legislature

Types of Legislative Staffs

Motivating Partisan Staff

Motivating Nonpartisan Staff

Help Staff Do Their Jobs

Disrespect for the Ill-Informed

Treat All Staff as Important

Empathize with Staff and Say Thank You

Summary Chapter 16

Chapter 17. Lobbying Executive Agencies

Overview of Agencies

Agencies Are Powerful Legislative Players

Lobbying Those Who Influence the Agency

Motivating Agencies Legislatively

An Agency May Undermine Itself with Lawmakers

Summary Chapter 17

Chapter 18. Lobbying Legislators

Roles of the Legislature

Selling Your Bill

Your Sales Package Must Be Customized to Each Lawmaker

Sales Venues

Content and Style of Your Presentation

Closing the Sale

Committees and Committee Testimony

Caucuses

Leadership Influences Committee Votes

Don’t Rely on One-Party Control of the Legislature

Compassion and Appreciation for Lawmakers

Thank Legislators and Staffs

Summary Chapter 18

Chapter 19. Lobbying the Governor

Roles of the Governor

Vetoes

Predicting a Veto and Veto Letter

Don’t Ignore the Governor’s Office

You May Need Additional Lobbying Help with the Governor’s Office

Thank the Governor and Staff

Summary Chapter 19

Chapter 20. Evaluating Contract Lobbyist and Principal’s Representative Job Performance

Evaluate Performance to Obtain Better Lobbying Results

Phases of Performance Evaluatio2

End of Legislative Session Report

Contract Lobbyist Performance Evaluation

Principal’s Representative Performance Evaluation

Evaluate Yourself and Your Contract Lobbyist Honestly

Evaluation Meeting

Thank Your Lobbyist

Summary Chapter 20

Chapter 21. Executive Agency Rulemaking, Appeal, and Enforcement

The Headless Fourth Branch of Government

Agencies Regulate

Agencies Implement Statutes through Rulemaking

Why You Need to Be Involved in Rulemaking

Ethics Laws and Lobbyist Registration

Rulemaking Process

Overcoming a Final Rule

Motivating Agency Staffs

Agency Enforcement

Best Lobbyists for Agencies

Expect to Pay Higher Fees to Agency Lobbyists

Summary Chapter 21

Best Wishes

Appendices

Appendix 1. Solicitation of Statement of Interest

Appendix 2. Request for Proposal to Provide Lobbying Services (RFP)

Appendix 3. Letters of Engagement

Version 1: Short-Term Task

Version 2: Longer-Term Engagement

Appendix 4. Scope of Work

Appendix 5. Principal-Lobbyist Understanding of Relationship

Appendix 6. Contract Lobbyist Performance Evaluation

Appendix 7. Principal’s Representative Performance Evaluation

About the Author

Endnotes

Foreword

Like most government relations professionals, I never planned to become a lobbyist. I had been successful in pharmaceutical sales management when a mentor suggested that my skill set might translate well into government relations. I liked the work immediately but I knew that in my professional development I could learn the easy way or the hard way.

So I attended Bob Guyer’s courses. Bob not only presented the theory of lobbying, he made it extremely practical. Over the years, I have had many opportunities to put these lessons into practice as I lobbied for two Fortune 100 pharmaceutical companies and led state government affairs for IBM. In my current role, leading state government affairs for a financial-services technology company, I still rely on Bob’s tested and true guidance.

I employ many contract lobbyists, also known as outside lobbyists, to extend our reach around the country. Most lobbyists are excellent, and it is necessary to rely on them to represent you and your company. I have been blessed to work with some of most outstanding lobbyists in the country and owe them a significant amount of credit.

Sometimes, however, you may encounter a lobbyist that is less than helpful. Meet Benny, the contract lobbyist who’s been with the company forever. Benny took the CEO to meet the Governor once and knows everyone. But if Benny stops being effective or doesn’t think he needs to be responsive to you, it’s your job to let Benny go.

Bob’s expert guidance has helped me to navigate the best—and worst—of managing contract lobbyists. I have relied on his lessons to navigate the joys and pains of this interesting career. As you begin or continue your journey in government relations, application of Bob’s advice will allow you to quickly distinguish yourself within your organization.

Mark Reed

Director, State and Local Government Affairs

Intuit

Preface

Insiders Talk: Winning with Lobbyists Professional Edition is written for consumers of lobbying services by consumers of lobbying services with contributions from lawmakers, legislative staff, contract lobbyists, campaign consultants, and others involved in lawmaking. This book equips professionals with tools to find contract lobbyists most appropriate to their specific needs, negotiate and better manage fees, work more effectively with contractors, and more successfully direct their government affairs programs. In short, this book empowers practitioners to become more sophisticated consumers of lobbying services.

Insiders Talk: Winning with Lobbyists Abridged Readers Edition, on the other hand, is written for casual readers desiring an overview of lawmaking and its players. The Readers Edition is a quick read, ideal for students and generalists.

Whether from my own lobbying as in-house government affairs staff and as a contract lobbyist in both state and federal legislatures, from the thousands of lobbyists, both beginners and experts, who have participated in my Lobby School, and from the many contributors to this book, all the lessons and examples herein are real and applicable to anyone who works with contract lobbyists.

By enhancing the position of consumers of lobbying services, this book will be a game changer in client-contractor lobbying relationships. Results improve from clients understanding better the context of lawmaking, appreciating their and their lobbyists’ appropriate roles, reasonable and unreasonable expectations of their lobbyists, and how to evaluate and improve their and their lobbyists’ job performance. This book also benefits providers of lobbying services by elevating the quality of their clients. Sophisticated clients working synergistically with their lobbyists obtain better outcomes.

Expected Criticisms

I expect considerable criticism of this book, some valid and others not so much. Critics may correctly point out they know specific exceptions to almost every one of my general observations. Others will accurately note I’m a lawyer and a lobbyist, not a political scientist, and some of my broad technical overviews as to formal processes and political understandings are deficient or inapplicable to their particular legislatures.

Others will complain a few sections of the book don’t translate well to their particular states and especially to Washington, D.C. Again, they are correct. From having lobbied in D.C. myself, I agree it is not only a different world; it is a different universe. For Congress for example, next year is soon enough, while most state legislatures have on average 120 days to fix the states’ problems; a U.S. Senator has a personal staff larger than the entire staff for a small state’s legislature; and Congress deficit spends, while states have to balance their budgets. While I don’t agree with his tone, the essence of the following is correct,

Lobbying at the federal level is much more sophisticated, requiring more support staff and expertise than at the state level, where lobbyists frequently carry their offices in their hats. The state government lobbyist slaps a legislator on his back and says, ‘I’m a good old boy and you’re a good old boy. Why don’t you vote for me?’ In the Congress, lobbying is, more properly, an educational process.¹

However, as to lobbying practice, this book is spot-on because it is based on the collective experiences of contract and in-house lobbyists and consumers of lobbying services. Our experiences include state, federal, and international advocacy. These consumers of lobbying services have hired hundreds of lobbyists at the U.S. state and federal levels.

I expect most lobbyists will be delighted having more sophisticated clients. Yet I realize some make take offense to what I say, especially parts reading like an exposé. The director of a nationwide team of contract lobbyists points out,

I don’t believe you said anything [in the book] disparaging about contractors, but they are not your target audience. I believe that your primary responsibility is to the corporate lobbyists, executives, and agency people that you train. Could some contract lobby­ists get their feelings hurt if they read portions of the chapter? Perhaps. Is what you outline about some of their work practices true? Absolutely. So you are providing a service that allows folks that hire contractors to be educated and savvy consumers while alerting them to common pitfalls that hinder progress and optimal outcomes.²

Acknowledgments

A book is seldom the work of one person. First, I want to thank the thousands of lobbyists who have attended my Lobby School. Approximately 70 percent of the anecdotes and lessons herein come from them and their experiences.

Next, I thank the dozens of lobbyists who each contributed a point, clarification, or a brief comment to this book. Finally, I especially want to thank those who reviewed the manuscript for their criticisms and suggestions. In particular, I would like to thank the following reviewers of drafts of particular sections of this book for their criticisms, suggestions, and redirection:

Robert Glidewell, recently of Washington Gas;

Aaron Owens, recently of Source Gas;

Anna Polyak, Esq., of the American Association of Nurse Anesthetists;

Mark Reed, of Intuit (formerly of Astra-Zeneca and IBM);

Russell Sarazen, of T-Mobile;

Brent Stevenson, of Brent Stevenson Associates (AR contract lobbyist);

Julie Vojtech, an independent state lobbyist;

Thad Guyer, Esq., of the Government Accountability Project (Washington, D.C.);

Carl S. Richie, Jr., Esq., of Carl S. Richie, Jr. Attorney at Law (TX contract lobbyist); and

Roger Austin, Esq., Ph.D. campaign consultant, adjunct faculty University of Florida.

Anna Thomsen photographed the Tennessee capitol and designed the book cover.

Several quotes herein come from The Lobbying Handbook by John L. Zorack. I consider his book for practitioners to remain a most useful guide on lobbying. While the text was written in 1990 for lobbying in Washington, D.C., Mr. Zorack’s advice can be extrapolated to the states, and the Handbook’s lessons and wisdom are timeless. I dined with Mr. Zorack at which time he signed my copy.

Finally, I thank Katherine Lee Amy, my wife and greatest supporter, for her patience during the five years I spent writing this book. She calmly tolerated my preoccupation with writing, let me explore ideas with her, edited my dozens of drafts, and accepted the immediate financial losses that came from me writing this and other books rather than giving as many income producing Lobby School seminars. Being herself an extremely successful managed health care consultant, her experiences and insights with consulting in general contributed to key sections of the book.

Attributions

As readers of this book must doubtless notice, two behaviors which are highly prized in the world of legislatures and lobbying are maintaining confidentiality and practicing trustworthiness. Clients, lobbyists, legislators, and government personnel may require certain conversations be kept private and must feel confident they can trust the person with whom they are speaking to uphold privacy. At the same time, however, those readers who want to understand the complexities and challenges of the lobbying world need to hear the voices of people intimately involved with the activities described in the following chapters.

Contributors provided valuable information but not at the price of their jobs. To illustrate, one reviewer observed, I have forgotten what horrible confessions I made, but they are all true, and it is likely for the best that they not be attributed to me. A western states government affairs director wrote, "Please do not directly cite my name on these . . . some would get me into some hot water. (Emphasis in original) A mid-­Atlantic in-house lobbyist after considering the potential impact his candor could have on his career concluded, After much thought, I’d say let’s stay with anonymous." For that reason, this book contains a number of direct quotations which do not have the full attribution (specifically, name of speaker) typically required in situations where authors interview individuals. In other cases, attributions are given with permission. Attributions listed as Lobby School participant are from classroom discussions, but I don’t recall which seminar participant said it.

When the frankness that makes this book useful would needlessly harm a source, I unilaterally withheld some attributions. For example, a lawmaker’s words to me in private that are useful to you should not result in him or her losing campaign contributions or ending up with lower rankings in voter guides.

Disclaimer

None of the contributors or organizations with which they are linked necessarily agrees with, endorses, or otherwise has chosen to be associated with anything I have written or with my observations, revelations, or conclusions. I alone am responsible for the content herein.

Chapter 1

Overview of Lobbying

Lobbying Defined

Lobbying may be defined as, trying to influence or gain goodwill.³ One seeks to influence and gain goodwill in order to sell. You sell to your boss, your lover, and to anyone else who can give you what you want. This book is about selling laws. Lobbying is legislative sales.

Reasons to Lobby

Lobbying is driven mostly by self-interest. James Madison considered economic self-interest to be the most powerful political motivator.⁴ His views may be summarized as self-interest is the engine of government, a theme which runs throughout this book. Groups advancing self-interests in Madison’s day were called factions; today we call them special-interest groups or simply special interests. Special interests try to achieve nine goals:

1-4. Gain better laws, protect favorable laws, repeal unfavorable laws, and stop adverse bills;

5. Instruct the Governor and courts as to the state’s public policy;

6. Affect state executive agencies’ rulemaking and enforcement;

7. Build lawmaking momentum among states;

8. Build lawmaking momentum to affect Congress; and

9. Fill holes in Federal law.

Gain better laws, protect favorable laws, repeal unfavorable laws, and stop adverse bills. Using general bills and the proposed state budget, the legislature creates laws regulating individuals and businesses. For all practical purposes, the legislature can do anything it wants to do, either for you or to you, good or ill.

Instruct the Governor and courts as to the state’s public policy. The state constitution authorizes the legislature by means of statute to assign to the executive, that is, the Governor, and judicial branches broad guiding principles of statutory interpretation and application.

Affect executive agencies’ rulemaking and enforcement. The Governor’s executive agencies are constitutionally required to implement faithfully laws enacted by the legislature. The legislature directs them by enacting or repealing agency authority and by budget appropriations. However, in practice, legislative authority over agencies may be much less significant than the constitution suggests. See Chapter 18, Lobbying Legislators, section The Budget.

Build lawmaking momentum among states. States fall into genres of interest; that is, they have similar policy views on a particular topic. When I lobbied environmental bills, California, Florida, Massachusetts, Minnesota, and New Jersey were the cutting edge of environmental regulation. Their executive agencies had informal collaborations on policy initiatives for legislative and agency action, thereby creating a momentum for states in this genre to implement similar laws.

Build lawmaking momentum to affect Congress. Favorable state action is an incentive for states’ federal delegations to support similar lawmaking in Congress. Persuading enough states to adopt your law becomes an upward pressure for Congress to adopt a national law on your topic.

Fill holes in Federal law. States plug holes in already existing federal regulations. For example, federal regulations may not affect activities below a certain size, dollar amount, number of employees, and the like, thereby leaving states free to regulate these activities—in effect, to plug holes in the regulatory framework.

Who May Lobby

Everybody is the answer. The First Amendment to the United States Constitution states, Congress shall make no law . . . abridging the right of the people to . . . petition the government for a redress of grievances. This means the U.S. system of government is designed to allow the people to lobby resulting in a procedurally transparent system. Limits to political transparency are discussed later herein.

Further, for the health of the United States, the Founders expected the people to keep their eyes on their rulers. Thomas Jefferson said, If once the people become inattentive to the public affairs, you and I, and Congress and Assemblies, Judges and Governors, shall all become wolves. It seems to be the law of our general nature, in spite of individual exceptions.⁵

The legislative branch is so accessible that W. Allen Moore said, Do not hire a professional lobbyist unless all else fails. A great deal of money is wasted on lobbyists to open doors that are already open. Senators and their staffs like to help the ‘little guy’ with a good cause.⁶ While legislatures are open to everyone, lawmakers’ supporters, voters, and constituents are especially welcome.

However, in exchange for government benefits—especially tax benefits—organizations may choose to accept limitations on their right to lobby, or they may voluntarily surrender advocacy opportunities altogether. States also may limit certain individuals from lobbying. These persons typically include recently retired legislators, certain felons, and persons banned from the legislature for bad conduct.

Why You Need to Know Lobbying’s Ethics Laws

Violations of lobbying related ethics laws can have awful legal, political, and reputational consequences for you, your principal, and your lobbyist. Even an innocent failure can harm you, especially if your opponents seek to discredit you. To illustrate, a Lobby School participant, an employee of a large utility, told his class, he was instructed by his management to testify on behalf of his employer on a bill before the Colorado House of Representatives. While making his presentation, an opponent pointed out to the chair he was not registered as a lobbyist. The chair interrupted his testimony asking, Are you registered as a lobbyist pursuant to the rules of the state of Colorado? He responded, No, I didn’t know I had to register when speaking on behalf of my employer. The chair said, Please sit down, sir; you likely are in violation of Colorado law. Although not prosecuted legally, he and his principal were humiliated, their reputations were compromised, and legislators became less likely to trust them. Surprisingly, although his employer had many contract lobbyists working for it, nobody told him of the state’s ethics law, and the damage was done.

When You Need to Register as a Lobbyist

An attempt to influence government directly or indirectly, orally or in writing, may be statutorily defined as lobbying. However, although you are lobbying you won’t need to register as a lobbyist until reaching the statutory threshold. Money is the most common, but not the only, trigger. When your principal—that is, the entity on whose behalf you are working on a bill—spends money, including hiring a contract lobby­ist, or pays you to influence lawmakers, there is a good chance both you and your principal must register.

Do not presume because your lobbyist is registered, you or your principal doesn’t need to register. As a general principle, you are better off registering as a lobbyist than not registering. This is because your ability to contribute to your lobbying project is severely curtailed by being unregistered. For example, you may be legally barred from even talking to lawmakers or staff. However, by being a registered lobbyist, you can fully participate in moving your bill into law. As a registered lobbyist, you enhance your capital reputation for seriousness, credibility, and accountability in part because registration makes you subject to the same ethics laws as are other lobbyists with whom you work. Legislators and staff, knowing you are complying with ethics standards, may trust you more, especially in jurisdictions where ethics laws demand advocates’ truthfulness.

Whom to Lobby

You lobby persons and organizations who can influence your lawmaking. In order of relative political importance to your bill becoming law, these persons and organizations include:

Special interests;

Legislative staff;

Executive agencies;

Legislators;

Governor;

Lawmakers’ supporters;

Lawmakers’ voters; and

Constituents (i.e., general public living in electoral districts).

Expect you must lobby 1 through 4. You may or may not have to lobby the Governor. Lobbying 6 through 8 can greatly increase your chances of success; but the dynamics surrounding your bill may make working with them unnecessary. All this is explained as we work through the book.

Special interests. Groups outside the legislature having special interests in legislation write most bills, build coalitions, line up sponsors and co-sponsors, secure and keep favorable votes, mobilize constituents, gain executive agency support (or at least lack of agency opposition), and build political momentum to enact statutes. Special interests direct most legislative activity to a greater or lesser degree. See Chapter 15, Lobbying Special Interests and Coalitions.

Legislative staff. The legislature’s staff is the second most important group to lobby because these individuals advise legislators on whom to support and how to vote. Win a legislator’s staff and most likely you win the legislator’s vote. See Chapter 16, Lobbying Legislative Staff.

Executive agencies. Agencies are the third most important group to lobby because for all practical purposes they are the legislature’s technical advisors, and legislators seldom vote contrary to agency advice. Agency support, or at least lack of opposition, is indispensable for having your bill enacted. See Chapter 17, Lobbying Executive Agencies.

Legislators. Although first in constitutional importance, lawmakers politically are quaternary when deciding the fate of your bill. This is because when special interests, legislative staff, and agencies support you, and if your bill benefits a legislator, you likely will gain his or her vote. See Chapter 18, Lobbying Legislators.

Governor. The Governor’s office is fifth in legislative political importance. But at the same time he or she is first in deciding whether your enrolled⁷ bill will become law, and if it does become law how it will be implemented—or not. Whether you need to lobby the Governor’s office depends on: 1) the Governor’s support would help you with the legislature; 2) the Governor’s influence with executive agencies; and 3) the likelihood of a veto. See Chapter 19, Lobbying the Governor.

Lawmakers’ supporters. They are legislators’ friends, neighbors, fellow church and service members, trusted confidantes, and significant in-state donors whether in or out of lawmakers’ districts. They are the best people to carry your message to a lawmaker. To illustrate, I had a bill stuck in a Senate committee when the calendar expired. ( Calendar here refers to time-based milestones that bills must pass to continue toward enactment.) The calendar having expired meant the bill was dead for the session. However, our contract lobbyist knew a close friend of the Senate president. He persuaded this close friend to tell the Senate president how good our bill was for the state. The president agreed and obtained unanimous Senate consent to extend the calendar for 30 minutes, thereby springing the bill from committee, to the floor, to the Governor’s desk, and into law.

Lawmakers’ voters. An election campaign manager says, Candidates worry about voters. Nobody gives a [expletive deleted] about constituents. Seriously, if you don’t vote, then you don’t count.⁸ After supporters, nothing motivates legislators more than the voters who put and keep them in office.

Constituents (i.e., general public living in the district). Persons whose only connection to the lawmaker is they just happen to reside in the same legislative district as the lawmaker may loosely be called constituents. You may or may not work with them because constituents as defined here have small significance in lobbying. For sake of economy, I use constituent as a collective noun to include supporters, voters, and the general public, and distinguish among them as necessary.

Media

Traditional or Mainstream Media (MSM). The MSM may become involved in your legislative effort. However, expect few majority party legislators, advocates, or anyone else trying to move a bill into law want or benefit from media involvement. However, when trying to kill a bill both the minority party and special interests sharing reporters’ politics may find kindred media spirits ready to help.

Media exposure can redirect government officials, especially those holding elected office. This is because media precipitate constituent involvement, that is, involvement of those to whom lawmakers owe their jobs. These home-folk gave lawmakers their jobs and they can take their jobs away, as I discuss in Chapter 2, Determining Your Level of Need for Contract Lobbying Services, section The Home-Folk Trump All Lobbyists.

My experience is the MSM often get the story wrong or intentionally misrepresent it factually, stories are written with correspondents’ and newsrooms’ political agendas, reports are inflammatory intended to sell content, articles arouse irrational responses among the vocal public, and news organizations are driven by click and clock pressures. David Auerbach of Slate writes, When the Media says, Why are we getting so much criticism and abuse? Well it’s because you are constantly kicking the hornet’s nest to get clicks. You’re publishing stuff purely for the sake of provoking your readers.⁹ This same article states, The only institutions that Americans have less faith in than television news (21 percent) and newspapers (20 percent) are Congress and ‘big business.’

However, groups with whom reporters share a political kinship often find ready allies. Reporters and newsrooms overwhelmingly support Democrats.¹⁰, ¹¹ Media expert FiveThirtyEight’s Nate Silvers says the media has a liberal group think.¹² The mainstream media generally are hostile to conservatives.¹³

However, whether liberal or conservative, you must be prepared to work with the MSM, seeing them as assets or as liabilities to your legislative goals. A public relations (PR) consultant advises advocates to plan to deal with reporters,

It’s now nearly expected that lobbyists/their clients drum up public concurrence for the