JCOPE Seeks Public Comment on Draft Advisory Opinion

JCOPE logoEarlier today, the Joint Commission on Public Ethics (JCOPE) sent out an e-blast requesting public comment on a draft advisory opinion that would provide that the Lobbying Act applies to consultants who act as “facilitators” for direct lobbying to or before a public official, and as architects of grassroots lobbying campaigns to the public.

JCOPE previously published a draft opinion on these issues in May.

The draft opinion addresses two issues – whether consultants who have contact with public officials are covered by the Lobbying Act, and grassroots lobbying.

On the first issue, the opinion concludes that the Lobbying Act applies to consultants who make “preliminary contact with public officials to enable or facilitate advocacy; and that any direct interaction with a public official in connection with an advocacy campaign, including preliminary communications to facilitate or enable the eventual substantive advocacy, constitutes lobbying.

With respect to grassroots lobbying, the opinion finds that a grassroots communication constitutes lobbying if it:

  1. references, suggests, or otherwise implicates an activity covered by Lobbying Act Section 1-c(c);
  2. takes a clear position on the issue in question; and
  3. is an attempt to influence a public official through a call to action, i.e., solicits or exhorts the public, or a segment of the public, to contact one or more public officials.

Comments, questions, or suggestions can be submitted until December 4th.