dick day racino video stillA video advocating for casino gambling at the state’s racetracks shows state Sen. Dick Day on the State Capitol steps, inside a horse barn, and behind his Senate office desk, all the while promoting the “racino” cause he’ll lobby for professionally as soon as his resignation from the Legislature takes effect on Jan. 8. That raised eyebrows at MN Publius: Is the revolving door hitting Day on the way out?

MN Publius’ Zach Stephenson asks whether the video is evidence that Day is already acting as a lobbyist.

Not until he earns $3,000 for his lobbying services, says Gary Goldsmith, executive director at the Minnesota Campaign Finance and Public Disclosure Board. Goldsmith tells the Minnesota Independent that’s the threshold to meet the definition of a lobbyist under state law.

That definition specifically says that the term “‘lobbyist’ does not include a public official,” but Goldsmith tells MnIndy the law doesn’t actually prohibit a legislator from also lobbying.

But there’s a lot of overlap between activities included in the two job descriptions — persuading elected officials, for one. And in Day’s case, with the Legislature out of session, it’s an especially foggy area. Legislators are allowed to engage in outside employment, hobbies and advocacy.

Here is the video in question: