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1990-08-29
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LOBBYING FOR FUN AND FIJA
If you like to discuss, debate, argue, persuade, explain, or
otherwise promote a point of view, you'd probably be an effective
lobbyist, because that's the job description. Tools of the trade
include the gift of gab, commitment, and the ability to get down
to your state capitol on short notice.
That means this article is written expressly for committed,
extroverted FIJActivists who live in (or within short commuting
distance of) their state's capital. This is an introductory
article on how to lobby--hopefully at least sufficiently
instructive to persuade a few persuaders to roll up their cuffs
and wade in--for FIJA!
First, if necessary (and it usually isn't,if you're unpaid),
register yourself as a lobbyist with the secretary of state, or
whoever handles that function in your state. Registration is
generally either free or costs a nominal sum, and may come with a
few useful handouts such as a legislative directory, rules of the
game, a map of the capitol building showing the locations of the
various committee meeting rooms, etc. Even if you don't register,
you'll want to obtain these materials.
Next, buy and wear a high-quality identification badge that
gives your name, followed by position and organization: "Susan B.
Smith, Lobbyist, Fully Informed Jury Amendment."
Get to work: Make and keep appointments with the right
people first. These include the state senator and representative
from your own neck of the woods, and the chairmen of both House
and Senate Judiciary Committees. Also included is anyone else
they recommend you approach.
Your job is to come up with the most relevant, respected and
powerful sponsors for FIJA that you can. In most states, it
takes a two-thirds vote in each house to place a constitutional
referendum on the ballot, so aim high.
Start early. Even prior to elections, it is appropriate to
approach both incumbents and challengers with your ideas, and get
advice on what to do and who else to see. The sooner you have a
sponsor, the sooner that person can "get it in the hopper"--
beginning with its submission to the legislative council for
evaluation of implications, suggested wording and location for it
in the body of law it would amend, assigning a bill number, etc.
Once you have a sponsor, the next thing to find are others
willing to "sign on" (which they literally do, right on a copy of
the bill which you pack around) as co-sponsors. Generally, even
though your bill starts in one house, it is appropriate to locate
FIJA sponsors and co-sponsors in both houses as soon as possible,
(optimally, members of the committee to which your bill will most
likely be assigned). Again, the first signer from the other
house is the bill's sponsor there, so make a thoughtful choice.
Other significant co-sponsors include the members of related
committees in both houses (for example, state administration or
state government committees), legislators from points across the
political spectrum, and anyone whose name keeps coming up as
"someone you ought to talk to". The total number of signers can
be important, especially on a bill requiring such a high vote. At
some point, of course, the law of diminishing returns will apply.
Then turn the signed bill in to your sponsor, who will file
it with the appropriate secretary (house/senate), then introduce
it to that body: its "first reading". Afterward, the speaker of
the house (or president of the senate) will assign the bill to a
committee (for FIJA, expect judiciary committee), and a committee
hearing date for FIJA (and other bills) will be scheduled and
published. Then tell time, room, etc. to those you've invited to
join you in testifying in favor of FIJA at this first main event.
Here again, breadth is the key: recruit both Republicans and
Democrats, conservatives and constitutionalists plus liberals and
progressives, criminal defense lawyers, gun rights advocates,
minority representatives, environmental activists, anti-seatbelt
spokespersons, your bill's sponsors, ex-judges, both pro-choice
and pro-life representatives, victims of verdicts by uninformed
juries, guilt-ridden ex-jurors, nuclear power plant protesters,
taxpayer rights groups, law school professors, peace groups, home
schoolers, good-government groups, marijuana decriminalizers,
right-to-die advocates, anti-helmet-law activists, Populists,
Greens, public defenders, civil libertarians--Americans!
Numbers also count, which means you'll need to invest some
of your abundant persuasiveness in friends, other FIJActivists,
and political allies (including other lobbyists--with whom you
may wish to exchange appearances) to get them to show up and
testify. Obviously, this is homework which should already be at
least partly done by the time the session begins.
After the hearing, at least several days will elapse before
the committee meets again to discuss bills and vote on them. It
is during this period that you'll want to make contact with its
members, spending time with as many "undecideds" as it takes to
form a majority when combined with those already supportive.
Breakfast and lunch dates with committee members (your tab),
are appropriate times to lobby, as are appointments made during
the "office hours" most legislators post and try to keep. Be well
practiced on how to answer "the hard questions", because that's
what you'll get. These "undecideds", remember, are those who
came away from your hearing incompletely sold on FIJA.
If a majority doesn't come easily, you may have to change a
few words to accommodate objections. This can be tricky, and
it's best to consult with your sponsor and your state FIJA
coordinator before changing the original wording.
Assuming FIJA eventually makes it through committee, with
or without alteration, it will go on the calendar of the house or
senate, as the case may be. When the time arrives, your sponsor
will open it for debate on the floor: its "second reading". The
relevant homework is to have sent a one-page (maximum!) letter to
all members of the appropriate house a day or two before your
bill goes to the floor for debate. A punchy cover letter which
hits the high spots is all this should be, because each member
will already have a copy of the bill.
Debates and votes on any and all proposed amendments will
follow. Lobbying during this time must be conducted by sending
messages in to legislators via official page, mostly comments to
your sponsor on any fault you find with a particular amendment,
alternative language that you'd prefer, concessions you can live
with, etc.
Then comes the "third reading", and the vote. If the bill
passes, it will be transferred to the other house, where you
repeat all of the above, with the sponsor from that house leading
the way through committees and floor actions. If nothing--not a
single word--changes in the process, and it passes again, it will
be sent to the governor (the bill is "enrolled"). If signed into
law, your work is done, except that you may be asked to help word
FIJA for the ballot, for voter information publications, etc. In
any case, congratulations are in order!
If your bill fails in the first house, see if you can have
it returned to committee for further debate, rewording, etc.--all
done through your sponsor, unless another hearing is scheduled.
If that doesn't work, your sponsor may be able to get it heard in
another committee, in either house. Don't quit easily--every
committee is a new mix of lawmakers to talk to, and the main idea
is to get it out on the floor for debate.
Very often, a bill will make it through both houses, but in
slightly different language. The usual procedure is for it to go
back to the house of origin where, if the changes are accepted,
the bill is enrolled. If the changes are not accepted, the bill
may be sent to a conference committee, containing members of both
houses. Again, via your sponsor, you lobby for the best possible
compromise, which will have to be accepted on the floor of both
houses before it is enrolled and sent to the governor. Even more
congratulations if you have to go through any or all of this, but
still manage to succeed!
In summary, lobbying is an exciting mix of gab, organization
and timing. This brief sketch should be just enough to get you
going, but 99% will be learned "on the job". Never be afraid to
ask your sponsor, other lobbyists, or legislative personnel for
advice and help. They're almost always glad to give it. Remember
too that the upcoming FIJA Conference will feature a workshop on
lobbying, should you want to be more fully prepared before your
legislature begins its 1991 session.