N.Y. Comp. Codes R. & Regs. tit. 19 § 943.7

Current through Register Vol. 46, No. 51, December 18, 2024

Section 943.7 - Grassroots Lobbying

(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.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 943.7

Adopted New York State Register May 9, 2018/Volume XL, Issue 19, eff. 1/1/2019

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/10/2021