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Woodhouse active, but not registered

In the last two weeks, Dallas Woodhouse, Americans for Prosperity state director, has invited legislators to a pro-charter school cocktail party, sent an e-mail blast to legislators asking them to kill a grant-making foundation, and gestured to a parent when it was time for pro-charter comments during a committee hearing.

Yet, Woodhouse is not a registered lobbyist.

Woodhouse dropped his registration more than a year ago. When Dome asked him about it last week, Woodhouse said, "I am registering," though he doesn't believe he has to.

Woodhouse terminated his registration in 2009 and did not register last year. He said the group ran the decision by lawyers, and they approved.

Woodhouse said his organization has a philosophical problem with the state's lobbying laws, and equates his activities with those of the state NAACP, which does not have a registered lobbyist.

"I believe it's my role to get the members to lobby," he said. "I communicate their ideas in person. They do it through e-mail."


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Lobbying more than face time

Lobbying is not limited to face time with legislators.

(2)        Designated individual. – A legislator, legislative employee, or public servant.

(9)        Lobby or Lobbying. – Any of the following:

a.         Influencing or attempting to influence legislative or executive action, or both, through direct communication or activities with a designated individual or that designated individual's immediate family.

b.         Developing goodwill through communications or activities, including the building of relationships, with a designated individual or that designated individual's immediate family with the intention of influencing current or future legislative or executive action, or both.

The terms "lobby" or "lobbying" do not include communications or activities as part of a business, civic, religious, fraternal, personal, or commercial relationship which is not connected to legislative or executive action, or both.

A lobbyist is an individual

A lobbyist is an individual who engages in lobbying and meets any of the following criteria:

a. Repealed by SL 2007-348

b. Represents another person or governmental unit, but is not directly employed by that person or governmental unit, and receives payment for services. For the purposes of this sub subdivision, the term 'payment for services' shall not include reimbursement of actual travel and subsistence."

c. Contracts for economic consideration for the purpose of lobbying.

d. Is employed by a person and a significant part of that employee's duties include lobbying. In no case shall an employee be considered a lobbyist if in no 30 day period less than five percent (5%) of that employee's actual duties in any 30 day period include engaging in lobbying as defined in subdivision (9) a. of this section or if in no 30 day period less than five percent (5%) of that employee's actual duties include engaging in lobbying as defined in subdivision (9) b. of this section.

The term "lobbyist" shall not include individuals who are specifically exempted from this Chapter by G.S. 120C 700 or registered as liaison personnel under Article 5 of this Chapter.  

Scharrison: having to

Scharrison:

having to register is not the same as having to report expenses.  Many folks now get swept up by the NC law who do NOT have expenses at all.   I know it is in the weeds but having to pay a fee to the state to engage in a first amendment activity is wrong. I would remind you that the first amendment is not a loophole, it is a right.

Also the Nc law is poorly written.  It does not match federal law which is a problem for not for profit groups.

I personally agreed with the sec. of state on their ruling on the NAACP and we have followed suit.

Okay, Dallas, how about this:

The next time you and your bus pull into some small NC town, I want you to stand up in front of those good folks and tell them that businessmen and special interests should be allowed to shower elected officials with gifts, money (and cocktails) without having to write all that stuff down, or otherwise conform to such freedom-stealing anti-corruption laws.

But make sure you're only a few steps away from the bus door, and keep the engine running. It's the hot tar that hurts; the feathers are merely embarassing.

No everyone who attends a

No everyone who attends a press conference or speaks to a lawmaker is considered to be lobbing. If they were, tens of thousands of people who step into the General Assembly would have to register.

 

18 months ago, I called the NC Secretary of State and asked why no one at the N.A.A.C.P was registered as a lobbyist.  After a while I was informed that, while the rules are complex, that if you are not paid additionally for lobbing,  do not spend more than 5% of your time in direct face to face lobbing,  you do not have to register.  We applied the same principals to our organization.

 

I do have a personal problem with the idea of having to register, and be regulated by a government official to engage in a constitutionally protected freedom.

 

I do not have to register to engage in free speech, go to church, gather with my friends, or own a gun. Why should I have to register to petition the Government for a redress of grievances.

 

With that said we already report our activities through the Solicitation of Others Statue and this year decided to re-register as principal and registered lobbyists.

 

Americans for Prosperity (AFP) is filing these registrations out of abundance of caution and not due to any legal obligation, AFP believes requires it.  AFP’s employees engage primarily in grassroots lobbying, and direct lobbying, to the extent there is any, would not meet the 5% test. 

DallasWoodhouse
Americans for Prosperity-North Carolina State Director

200 West Morgan Street, Suite 100
Raleigh NC 27601   

919 839 1011 ext 3
 

 

What is lobbying then?

So when when Woodhouse was talking intently with Larry Hall after the Dem press conference at the Legislature last week that wasn't lobbying?

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