Should ALEC Have to Register as a Lobbyist in New York State?

Earlier this week, the Senate’s Minority (Democratic) Conference held a public forum on “the American Legislative Exchange Council (ALEC) and its activities in the New York State Legislature.” (Read the event press release here.)

ALEC, according to its web site, is a “nonpartisan individual membership organization of state legislators which favors federalism and conservative public policy solutions.”  It is registered as a 501(c)(3) non-profit under IRS rules.

While ALEC is not registered to lobby in New York, the group does provide model legislation and resolutions to its members.  Recently, ALEC has been criticized for promoting legislation such as the controversial “stand your ground” bill that may have played a role in the killing of a Florida teenager.

The purpose of the event – sponsored by Senator Daniel Squadron (D-Brooklyn/Manhattan) — was to bring attention to ALEC and its activities in Albany.

But ultimately, the key question raised at the event was whether the activities that ALEC undertakes amount to “lobbying” as defined by New York State law.

The relevant law is Legislative Law § 1-c(c), which defines the terms “lobbying” and “lobbying activities” as meaning any “attempt to influence” passage or defeat of legislation, or other official governmental action.

But is ALEC a lobbyist under New York State law?  We may find out soon.  Common Cause NY head Susan Lehner testified that her organization plans to file a complaint with JCOPE in the near future.

I suspect that JCOPE’s determination (assuming that a complaint is in fact filed) may turn on an exclusion in under Legislative Law § 1-c, which states that the term “lobbying” shall not include “persons engaged in drafting…proposed legislation… when such professional services are not otherwise connected with state or municipal legislative or executive action on such legislation.”

Read coverage of the event from the Associated Press and the Times Union of Albany.