Grassroots Lobbying in New York: What to Know for the 2026 State Legislative Session
By: Joseph T. Burns
After spending the last six months in their districts, New York State legislators have returned to Albany, and the 2026 legislative session is now underway. Governor Kathy Hochul delivered her State of the State address and released her proposed state budget, marking the start of what is traditionally the most active period of legislative advocacy in New York.
As in every legislative session, advocates from across the state and across the political spectrum are already working to influence policy and budgetary outcomes. That advocacy will intensify in the coming weeks, particularly as budget negotiations proceed and major state initiatives take shape. With that increased activity comes increased risk, especially for organizations and individuals engaged in grassroots or indirect lobbying.
While the right to petition the government is protected by both the New York State Constitution and the United States Constitution, those constitutional protections do not exempt advocates from New York’s lobbying registration and disclosure requirements. Under New York law, individuals and organizations engaged in grassroots lobbying are required to register with, and make periodic disclosures to, the New York State Commission on Ethics and Lobbying in Government (COELIG).
COELIG regulates grassroots lobbying just as it regulates direct lobbying. Direct lobbying involves direct communication with a public official for the purpose of influencing governmental action. Grassroots lobbying, by contrast, occurs when an individual or organization seeks to influence governmental action indirectly, for instance by urging members of the public to contact a state legislator to support or oppose a particular bill.
Grassroots lobbying has occurred when an individual or group attempts to indirectly influence certain governmental actions through a grassroots lobbying communication. Under COELIG’s regulations, a grassroots lobbying communication is one that references certain governmental actions, takes a clear position on that action, and includes a “Call to Action.”
COELIG defines “Call to Action” as one that encourages members of the public to contact a public official; includes certain contact information for a public official even if it doesn’t specifically state that the official should be contacted; or includes certain written or electronic materials (for instance, a petition) for the recipient to use to contact a public official.
Many well-meaning, civic-minded groups or individuals could unknowingly run afoul of COELIG’s grassroots lobbying regulations and be required to register and complete the required lobbying filings with COELIG. For instance, individuals or groups that unintentionally include a grassroots lobbying communication on a web site or in a press release are, nonetheless, engaged in grassroots lobbying and must make all the required flings with COELIG.
Grassroots lobbying can take many other forms. It can occur through rallies, print advertisements, certain social media communications, or even letter writing campaigns. Well-intentioned individuals and organizations can easily cross that line, and their advocacy on behalf of a worthy cause can become grassroots lobbying.
While this form of lobbying is protected by the state and federal constitutions, those engaged in it must remember that they are lobbyists and must comply with all applicable provisions of the Lobbying Act and COELIG regulations. Failing to make the required registration and disclosures could result in financial penalties and public embarrassment for those engaged in grassroots lobbying.
Groups and individuals concerned about triggering these registration and disclosure requirements should consult with experienced counsel to ensure that they are in compliance with all of New York State’s lobbying laws, rules, and regulations.
