Understanding the Process
By Sierra Worden
Many people have heard of lobbyists, but few fully understand the important role they play in shaping public policy.
A lobbyist is a professional who is paid by one or more organizations to promote their point of view to federal and state legislators as well as administrative agencies when necessary. Beyond this, lobbyists can work to change public opinion through advertising campaigns or by influencing opinion leaders, which allows them to create a climate that promotes the desired change.
Many times, lobbyists are practicing or former lawyers who have served in federal or state government. Lobbyists depend on the personal relationships they have with different members of the Legislature to effectively advocate for their policies. Government experience is often seen as a prerequisite for this type of work.
According to the National Conference of State Legislators, almost all states provide specific definitions of lobbying and lobbyists in their codes. Including in the few states that do not give specific definitions, lobbyists must register before they begin their work. While all do have to register, rules vary by state.
Most lobbyists are paid professionals, though there are some who serve more as volunteers as they are unpaid but still act as lobbyists by advocating specific policies. Companies or organizations that use grassroots advocacy heavily rely on volunteer lobbyists to contact lawmakers.
The intersection between lobbyists and press associations is interesting because they act in tandem. According to The Center for Public Integrity, it is a complex dynamic where corporate interests, trade associations and advocacy groups use strategic media relations campaigns to influence legislation and advocate for their specific policies.
More specifically, lobbyists focus on directly educating lawmakers, but they rely on press associations and media campaigns to be able to build support around their causes. This causes the line between these two entities to become blurred, as the usage of earned and paid media becomes more prevalent.
Lobbyists are important because they serve as crucial liaisons between the public, government officials and businesses. They can provide lawmakers with specialized data and expertise on certain complex issues and further educate them on how their proposed laws could potentially impact their communities.
According to the American Bar Association, lobbyists ensure the right to petition the government is being efficiently exercised. That is what the profession is built upon, and these freedoms are protected by the First Amendment of the U.S. Constitution.
Different Types of Lobbyists
In-House
An in-house lobbyist is an employee of an organization who influences government policy exclusively on behalf of their employer.
Contract
A contract lobbyist is a firm or independent professional who is hired by clients to advocate for specific issues they are interested in. These lobbyists normally have diverse client portfolios and specialize in broad policy areas.
Association
Association lobbyists are employees of nonprofit organizations, trade associations or labor unions. They advocate for causes that represent the collective interests of their entire sector.
Methods of LobbyingÂ
According to Bloomberg Government, there are two main methods of lobbying: direct and grassroots. Direct lobbying focuses on face-to-face interactions with government officials, lawmakers or agency staff. This requires lobbyists to provide expert research, testify in committee hearings and draft legislation. Grassroots lobbying focuses on the mobilization of ordinary citizens. These citizens are used to influence public policy by shaping public opinion and encouraging direct communication—letters, email or phone—with lawmakers.
At the federal level, lobbying is heavily regulated by the Lobbying Disclosure Act of 1995 (LDA) and the Honest Leadership and Open Government Act of 2007 (HLOGA).
LDA was signed into law in 1995. The law requires lobbyists to submit quarterly activity and expense reports with the clerk of the U.S. House of Representatives and secretary of the U.S. Senate. HLOGA was signed into law on September 14, 2007. The act was created to limit unethical practices, restrict the revolving door between government service and lobbying and enhance transparency regarding lobbying funding and campaign finances.
At the state level, transparency laws are managed on an individual basis. For example, in West Virginia, the West Virginia Ethics Commission enforces lobbying rules. Lobbyists must register annually, file detailed expenditure reports during the legislative session and disclose specific clients and compensation.
As lawmakers continue to debate the issues that are shaping communities across our state and nation, lobbyists remain an influential part of the political process. By connecting industries, advocacy groups and organizations with elected officials, they are helping ensure there is a wide range of voices that are being represented in policy discussions.
Transparency laws and public records allow citizens to better understand who is influencing legislation and why. Whether they are advocating for businesses, nonprofits or causes of public interest, lobbyists continue to play a key role in how change is being made on the state and local level.
