Trip Martin does not see anything wrong with it. In fact, hundreds of people do it every year.
“It’s not a disease,” he said.
Martin, a long-time Capitol lobbyist, is talking about registering as a lobbyist with the state ethics commission. And he is adamant that state law requires Americans for Tax Reform President Grover Norquist to pay the $30 and register.
Americans for Tax Reform, a Washington-based anti-tax advocacy group, is just as insistent that neither Norquist nor Paul Blair, the group’s state affairs director, should be forced to become registered Georgia lobbyists simply because they want to stop tax increases in the state.
The spat developed in the run up to the vote on House Bill 170, the omnibus transportation bill that includes $1 billion in new revenue to fund transportation and transit improvements around the state. In an email prior to last week's vote, Norquist advised lawmakers that his organization considers the bill to be a tax increase and a "key vote" for legislators who signed the organization's pledge not to raise taxes.
Martin, who represents corporate clients in favor of the transportation bill, filed a complaint with the state ethics commission accusing Norquist’s group of acting as an unregistered lobbyist when it warned Republican lawmakers not to vote for the measure.
Blair shot back in a column on the conservative news site The Daily Caller, accusing Martin and House Speaker David Ralston, R-Blue Ridge, of using "the left's scare tactics" to infringe on their constitutional liberties. The column ran last Wednesday, a day before the House vote on the transportation bill.
“We at Americans for Tax Reform assert our First Amendment rights to publish opinions and express viewpoints, without registering with the government or being subject to government regulation as a result of that expression,” Blair wrote.
If they were required to register, Norquist and Blair would have to pay the nominal annual fee and submit regular reports of their spending on public officials.
More to the point, they would no longer just be anti-tax crusaders. By definition, they would be lobbyists, which is a distinction public policy advocates have attempted to avoid in Georgia.
Martin, a frequent critic of people he believes dodge registration, denied he was working in concert with Ralston on the complaint.
“I’m representing my industry,” he said. “The speaker obviously knows about it. He doesn’t like him coming down here.”
Through his office, Ralston chimed in, saying Norquist is a lobbyist and should be treated as one.
“If taking money to advocate for or against legislation is not ‘lobbying,’ maybe we should revisit the definition of who is a lobbyist,” Ralston spokesman Kaleb McMichen said.
Norquist has registered elsewhere. He and his organization are registered to lobby in Congress, according to a congressional lobbying database.
Americans for Tax Reform spokesman John Kartch said “the attempts to muzzle ATR’s free speech” have only strengthened the organization’s message.
“The speaker and (Martin) know that there are no grounds here, but their aim has been to cost ATR money in legal fees, though their efforts have probably cost Trip Martin’s firm more money in total,” he said. “We assume Trip Martin is billing his time attacking ATR to his clients who plan to profit from the gas tax hike.”
In 2013, Ralston advocated for a much broader definition of lobbying that would have required many political operatives and single-issue advocates to register. The effort appalled many regular visitors to the Capitol, including tea party activists who blanched at the notion they would have to become registered lobbyists.
A compromise was reached that lowered the bar for who could be considered a lobbyist while allowing unpaid advocates to retain their amateur status. While once lobbyists only had to register if 10 percent of their income came from direct lobbying, the reforms now require registration if a person is paid at least $250 a year.
Americans for Tax Reform claims the communications to state lawmakers was done by a staffer at a cost of no more than $40.
Former ethics commission director Rick Thompson said Norquist is “absolutely a lobbyist” and cannot hide behind a low-paid staffer for advocacy done in his name.
“If you are communicating and you are getting paid to communicate to try and influence legislation he needs to register as a lobbyist,” he said.
The most recent tax return from Americans for Tax Reform shows Norquist makes about $273,000.
Thompson dismissed the organization’s contention that registering was an infringement of its constitutional rights.
“No one is saying you can’t talk,” he said. “If you don’t want to (register) get a different job or do it for free.”
The ethics commission officially informed the group last Wednesday that it was investigating the complaint and gave Norquist and company 30 days to respond.
In a blog post written the same day, the group showed no sign that Norquist, Blair or anyone would willingly register.
“Georgia Republicans need to realize that they are accountable to taxpayers, and that using the left’s strategy to stifle speech will not work,” the post stated.
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