So Who’s a Lobbyist?

NYT editorial

Under the federal lobbying law, Newt Gingrich can legitimately claim that he is not a lobbyist. That alone demonstrates how much the law needs to be changed.

As his rival for the Republican presidential nomination, Mitt Romney, regularly and correctly points out, Mr. Gingrich has made a great deal of money in Washington peddling his influence, while carefully staying about half-an-inch short of the legal definition of lobbyist. He is only one of thousands of people in Washington’s influence industry who skirt the common-sense definition of lobbying by taking advantage of the law’s loopholes.

The Lobbying Disclosure Act of 1995 has three tests: 1) Do you make more than $3,000 over three months from lobbying? 2) Have you had more than one lobbying contact? 3) Have you spent more than 20 percent of your time lobbying for a single client over three months?

Only a person who has met all three tests must register as a lobbyist. So a former lawmaker who has many lobbying contacts and makes $1 million a year lobbying but has no single client who takes up more than 20 percent of his time would not be considered a lobbyist.

(More here.)