The Oklahoman

Overreach a concern with lobbying proposal

-

BY its own admission, the Oklahoma Ethics Commission has more on its plate than it can handle, so one wonders why it would consider rules potentiall­y impacting thousands of Oklahomans and dramatical­ly increasing the agency’s workload. Worse, the proposed rules may infringe on basic First Amendment rights.

Under a proposed rule amendment that could be considered next month, the agency would create a new category of people subject to state regulation and reporting requiremen­ts: those involved in “indirect lobbying.”

The proposed rules define “indirect lobbying” to include citizens who communicat­e “support or opposition of pending legislatio­n” to influence “a vote on pending legislatio­n.” This seems to include activity for which a person isn’t financiall­y compensate­d. The rules apply to communicat­ions made on the internet, among other venues.

Put simply, if someone sets up a Facebook group and encourages other people to contact legislator­s to oppose a specific bill, it appears the organizer and group members could be considered “indirect” lobbyists subject to various reporting requiremen­ts.

The rules include provisions that verge on selfcontra­diction. The proposal exempts “communicat­ions made exclusivel­y to one or more legislator­s, the governor, or the staff of the legislatur­e or governor.” So one could directly urge lawmakers to oppose a bill and face little red tape, but urging one’s neighbors to contact lawmakers and express the exact same message could subject you to new reporting requiremen­ts.

The rule wouldn’t apply to an opinion column in a newspaper, but if the author posts that same commentary on social media or emails it to associates, along with a call to action, then the author could suddenly be an indirect lobbyist.

The executive director of the Ethics Commission told The Frontier, an online news outlet, that the proposal was sought by a lawmaker who wants greater disclosure for organized lobbying efforts. This year’s “Wind Waste” campaign, funded by The Oklahoma Property Rights Associatio­n, was cited as an example of the type of activity officials are trying to target. Among its activities, the “Wind Waste” campaign sent out emails and engaged in social media campaigns to encourage passage of a bill ending refundabil­ity for wind tax credits.

Perhaps one can understand that motivation, but the rules are written so broadly they appear to apply to routine activity. People constantly post political opinions on social media and encourage associates to act, and mass emails are not rare. Even individual­s who copy a homemade flyer and distribute it in their neighborho­od might be impacted.

Had this rule been in place this year, one wonders how many striking teachers would have qualified as “indirect lobbyists” subject to reporting requiremen­ts. The proposal’s broad reach makes consistent enforcemen­t all but impossible.

Most importantl­y, the proposed rules appear to impose burdens on Oklahomans engaged in standard political speech, which is among the fundamenta­l freedoms enshrined in the Bill of Rights.

Thus, the “indirect lobbying” rules appear impractica­l, unenforcea­ble and constituti­onally dubious. The Ethics Commission would do well to shelve this idea and stay focused on its current mission.

Newspapers in English

Newspapers from United States