Grassroots participation is the under girding of a democratic society. Those who choose to lobby - "to take their case" directly to their elected representatives - represent one very important form of grassroots participation. Therefore, it is your right to lobby. Some would say it is your responsibility. As you work within the legislative process, you will soon realize that it is not perfect. Yet, even with its flaws, it is much better than most such processes. In fact, after some comparisons and reflection, you may actually find that you can take pride in the process we have. So, leave your doubts at the door. Why?
BECAUSE THE SIMPLE TRUTH IS THIS: YOU CAN MAKE A DIFFERENCE. YOU CAN MAKE AN IMPACT.
Once you have decided that a law should be created, modified, or abolished, you have made your first important decision. Your next decision should be to become involved, or continue your involvement, to accomplish the end you desire. This is the essence of lobbying
This book offers techniques and insights to assist you in your lobbying. The better you become, the more comfortable you will feel. Soon you will be saying, "This isn't so hard, and I'm actually enjoying it!" So - let's begin. In contrast to the high regard for lobbying, the word lobbyist may conjure up a negative image (undeservedly so, in most cases).
Making Your Case 1
Some groveling may be necessary
2 Making Your Case
Lobbying
Whether you area professional lobbyist or someone who is simply planning to lobby on an issue to which you are committed, there are certain traits that are - essential to functioning successfully in the legislative environment. Without these traits, any other techniques you may have perfected or expertise you may have developed will be quite worthless
First and foremost, BE TRUTHFUL. You do not want to jeopardize your credibility in any way. Therefore, do not be tempted - even a mite - to embellish the materials you present to legislators or to exaggerate your "facts" in testimony
The legislative process is sustained by trust, and part of that trust involves truthfulness-the characteristic most valued.
Making Your Case 3
Doors can be closed as easily as they tan be opened,
4 Making Your Case
For the professional lobbyist, knowing the process Know means knowing a myriad of formal rules and procedures of the Legislature. If you are not a professional lobbyist, The you must have a familiarity with the rules and Process procedures, or know whereto find them if you are not . familiar with them.
Part of knowing the process involves having an understanding of the rules. Rules are the methods of procedure adopted by each of the bodies. Rules tell you how things are done. When you understand rules, you will function with more confidence and will work comfortably in a milieu of "bills, amendments to bills, committees, floor actions, vetoes" and much more. In addition, you will have developed a vocabulary that allows you to communicate meaningfully in this milieu. (See Glossary card)
KNOW THE NETWORK. Become familiar with the roles and responsibilities of legislative leaders; information about and interests of legislators generally; the responsibilities of key staff; and the function, availability, or location of the following: the Governor and other Constitutional officers, key state agencies and their heads, the research library and information offices, Capitol tours, parking spots, restaurants, and social gathering spots of legislators and other movers and shakers
BE POLITE in all your dealings with legislators and staff. It is easy to drift over the boundary when you feel strongly about an issue. Don't be too aggressive, too forward, too pushy. REMEMBER: Doors can be closed to you just as easily as they can be opened.
Making Your Case 5
"I believe the function of changing policy is to make the unknown, known-as I like to believe policymakers are not inherently insensitive; they just fall prey to all the myths and fears that society has toward people with disabilities."
Just as there are certain traits that you must have to lobby successfully, there are also behaviors that will not serve you well. Among these are the following:
THREATENING A LEGISLATOR. Threats are rare, but they do occur. Usually the threat is "I'll get you in the next election." Anyone who makes such a threat will lose that legislator's support. News of a threat will spread quickly along the legislative grapevine and more credibility will be lost. No one needs that
EXHIBITING INAPPROPRIATE BEHAVIOR.
Sexist or racist remarks are too offensive to need further comment here. However, there is a more subtle type of inappropriate behavior. To put it bluntly, there are times when you simply are not wanted. Face it. A legislator may be talking or meeting with another legislator or with his/her staff and you have a compelling urge to join them and share your "critically important" information or insights. Don't. Don't barge in or interrupt. Know your boundaries
MAKING DISPARAGING REMARKS ABOUT LEGISLATORS WHO OPPOSE YOUR POSITION.
It is often stated but bears repeating: Today's opponent may be next week's supporter. You need them more than they need you. This also bears repeating: One of the silliest things you can do is burn bridges
COMING IN WITH LAST-MINUTE REQUESTS.
Legislators realize there are times when these requests cannot be avoided. An amendment to a bill may not be ready or a fiscal note maybe incomplete. However, if you choose, for whatever reason, to do little or nothing throughout the legislative session, legislators will be very irritated with last minute I-gotta-have-your-help requests. A better way to ensure your bill progresses through the legislative process is to be involved and prepared throughout the session, not just in the closing days.
6 Making Your Case
A personal visit is the most effective means of communicating with a legislator. It provides you with the opportunity to "read" his/her reaction to your request for support, and for you to be able to respond immediately-something that cannot be accomplished as well by letter, telephone call, or another means. The personal visit also provides both of you with the opportunity to get acquainted, an experience that may prove helpful in future contacts as well
You definitely should make an appointment in advance. Legislative staff may ask how long you think you will need to discuss your issue. In that case, request a half hour. During the hectic, closing days of a session, request 15 minutes. REMEMBER: You are competing with many others for a legislator's time. Be considerate. In some cases, a legislative staff will tell you how much time you may have. Always take what you can get
Be sure your visit is timely. Visits scheduled prior to a vote by the committee in which your bill will be heard is a particularly good time to visit. If you just drop in at a legislator's office, you could be dis- appointed. He or she maybe occupied with one of numerous legislative activities that need attention throughout the day, including meetings with people who had previously scheduled appointments. Even if there is a possibility of arranging a brief visit, you usually will have to wait. Furthermore, staff generally are not thrilled with drop-ins because they raise havoc with the daily .schedule. REMEMBER: Constituents are an exception and generally can be worked in Meeting the National Legislators You think you're lost? The story goes-some new legislators have shown up at the St. Paul Cathedral rather than at the Capitol when it was time to take office. The two buildings do have some things in common: (1) they're both tall, and (2) prayer is often needed in both somehow.
Making Your Case 7
The following guidelines should help make your visit a productive one:
INTRODUCE YOURSELF, Give your name, address, and the organization you represent or with which you are affiliated, if that be the case. Do not overdo your comments about the worthiness (or the clout) of your organization. That is not why you are there
REMAIN FOCUSED. Although you probably gave a reason for your visit with him/her when you scheduled your appointment, briefly reiterate. If you are visiting on a particular bill, have an extra copy to share. This saves time. Apprise your legislator of the status of the bill and include any significant committee action that has taken place
EXPLAIN WHY YOU SUPPORT THE BILL. You may use either objective information or data or anecdotal information-or both. Convey this in a way that shows you are knowledgeable and committed. Avoid pretension. Nobody appreciates a know-it-all
If you are visiting with another person(s), make sure your time is well spent by not repeating yourselves. Decide in advance of the visit who will say what. It is particularly helpful if you can relate personal experiences based on provisions in the bill and what the bill will accomplish
ALLOW TIME FOR QUESTIONS and be prepared to respond to these. Never bluff. If you do not know the answer, say so. Follow-up with the answer at a later time.
8 Making Your Case
NOTE: In the course of any day, legislators are confronted with numerous issues, often-times emotional ones. Therefore, be patient if a legislator interjects his/her feelings or opinions on an issue unrelated to yours. You may have to shorten your comments (or even schedule another appointment); however, there are times such as this when being a good listener is the role in which you are cast. Accept it
ASK THE LEGISLATOR WHETHER OR NOT HE/SHE WILL SUPPORT THE BILL. Although you may be hesitant to do this, you need to do so to determine the extent of support the bill has. Tell supporters how much you appreciate their stand. Opponents need to know that, although you disagree with them, you respect their stand-and even understand their wish or need to oppose your position, in some cases. For those who won't give their position, ask whether you can provide additional information to help them make a decision
Whatever you do, do not burn bridges. Today's supporter may be next week's opponent and vice versa CONCLUDE AND EXTEND YOUR APPRECIATION for the opportunity to visit, no matter what the outcome of the visit. Never leave on unfriendly terms
WRITE A FOLLOW-UP THANK-YOU LETTER. Include any responses to questions that were asked during the visit and for which you did not have an answer at the time. Making Your Case 9 :
Go for the best!
10 Making Your case ,'
Among the most important contacts you will have with a legislator is the visit in which you request chief authorship. Although a bill may have up to four co-authors (in addition to the chief author), it is the chief author who bears primary responsibility for guiding the bill through the legislative process and, ultimately, for the bill's passing or not passing. Thus, selecting a potential chief author and then convincing this legislator to become chief author are two significant tasks. In considering a chief author, you want a legislator who:
Is committed to the issue that your bill, or proposal, addresses. A review of his/her votes and positions will give you a strong indication of a possible level of commitment.
Has the necessary time to devote to the bill's passage.
Has some influence or power within the legislative process. The chair of a committee to which the bill will be referred fits this category.
Is a member of the majority caucus.
There are exceptions to the above. For example, there are some occasions when you will want to consider legislators with less influence or power. A committed, articulate, first-termer who serves on the appropriate committee fits this category. Usually this legislator has more time to devote than committee chairs, other legislative leaders, or senior members who generally chair other committees
Because you never want to request a legislator to be chief author by letter or telephone (he/she would not agree to it anyhow), you need to schedule an appointment.
Making Your Case 11
A Definite No-No A small group lobbying on human services issues convinced a key legislator of the merits of a bill, and he agreed to be chief author. Later in the day, the group returned to the legislator office to ask him not to author the bill. They said they had found someone "better." If you are representing an organization, no more than three or four representatives of your organization should visit as a group. Each person should be well- prepared and able to answer very specific questions. This is the time to demonstrate your commitment to and enthusiasm for the bill.
During the visit, you will need to do the following:
Describe in detail what you hope to accomplish, why the bill is needed, and how it will change current law, if it does.
Be candid about any anticipated opposition. A legislator who knows there will be strong opposition in his/her home district is not going to be interested. If a state department opposes the bill, mention that too.
Make it clear that you will be available to help with the bill's passage throughout the session. This includes testifying on the bill, getting others to testify on the bill, and building a constituency of support to make timely visits, telephone calls, and write letters, if desired by the author.
Offer to secure co-authors. Although the chief author may prefer to secure co-authors, the offer is appreciated. Be prepared to make recommendations. Use the same criteria as those used in selecting the chief author. (See page 11.)
Leave a summary of the bill or proposal. Include the names and telephone numbers of persons who can be reached at any time to answer questions or discuss the bill
Begin strategizing immediately. If this is not done during the initial visit, make an appointment to do so shortly after the bill has been formally introduced. Keep your momentum going.
12 Making Your Case
Although some skeptics say that committee testimony is nothing more than window-dressing and that the real case for your position should have been made with individual committee members prior to the meeting, this is not true. There is no doubt that the personal contacts prior to the meeting can greatly strengthen your case, and you should make every effort to do this. However, whether or not you have made these personal contacts, the point is this: Testimony is always helpful. At times, it is indispensable
Committee meetings, or hearings, are the public forum for public comment on the public's business. You need to be there to show support for the bill that is being considered at that time
Once you are aware that a meeting has been scheduled, begin to prepare for it. Unfortunately, preparation is often overlooked. Be prepared! Consider the following as you prepare: Testifying before A Committee How Will I Know They're Listening? And, If They Are, Will They Really Care? Because public speaking can be threatening, do not "force" people to testify if they do not wish to do so, even if you believe they have information that would strengthen your position. Select your witnesses carefully. Determine what you need to emphasize to make an impact on the committee. Members generally like to have some expert testimony and some anecdotal testimony. The former focuses on technical provisions of a bill (if there are any) and the latter on how passage of the bill will affect people on a personal basis, including how the present law has presented difficulties or has not addressed concerns. Anecdotal testimony by a person who has experienced the conditions firsthand can be particularly compelling.
Making Your Case 13
Who got the time? A legislative staffer took a telephone call from a person who obviously was reading a canned message in support of a very lengthy piece of legislation. The staffer politely asked the caller if he knew what was in the bill. The caller, who had just indicated his strong support for the bill, replied, "No, so I'd appreciate your reading it to me. "
Hold a mock hearing. This is especially important for persons who do not appear before committees on a regular basis. Give your presentation and answer questions you anticipate members of the committee will ask. With this exercise, you and other supporters will feel more comfortable about the up-coming committee hearing.
Know the committee protocol and style of the chair. "Mr. Chair" or "Madam Chair" are the most acceptable forms of addressing the Chair of the committee. "Senator X" or "Representative X" are the most acceptable forms of addressing other members.
A Chair sets the tone of the committee, and the members generally adapt to that tone. Some chairs conduct meetings in a very formal manner; others keep a very informal atmosphere. You may consider the formal style too restrictive and rigid, or the informal style too undisciplined. Accept either. You are the one who needs to adapt
Arrive 15 to 20 minutes early on the day of the meeting especially if this is the first time you have visited the Capitol or the building where the meeting is scheduled. This will give you an opportunity to get a good seat and check the agenda to make sure you are on it. (You should have called earlier to secure a place on the agenda). Early arrival also allows time for holding any last minute conversations with fellow supporters or, on occasion, legislators or staff
Incidentally, most capitols and surrounding areas are rich in state history, art, and architectural design. Free tours usually are available throughout the day. You may find that exposure to the legislative environment will enhance your desire to participate in the process!
14 Making Your Case
When the Chair calls on you to present your testimony, remember the following:
After addressing the Chair, introduce yourself. Give your name and address (city or town only); if you are representing an organization, give its name and a very brief description of the organization. (Some people spend far too much time talking about their organization, hoping to convince the committee that the support of the particular organization is as important as substantive remarks. Wrong.)
Keep your remarks short (usually five minutes will do unless it is a complicated bill).
Tell the committee why the bill is needed and how it will change current law, if it does. An appropriations or finance committee also will want to know how much enactment of the bill will cost. A policy committee may or may not wish to delve into cost. Either way, if this information is requested and you have it, share it. Tell the committee who will be directly affected by the bill. Share anecdotes or, better yet, personal experiences that show the need for the bill.
Indicate your willingness to respond to questions and, when asked a question, respond calmly. Do not wander off, by commenting on matters that are not a part of the question. Do not let a hostile question upset you.
If you do not know the answer to a question, say so. Tell the committee you will attempt to get the answer, and then do so. If you have a summary REMEMBER: It is not critical that you leave a copy of either one. Your oral testimony of your testimony, leave rather than a summary.
What's that, you say? Just prior to introduction, a bill is said to be "in the hopper. " The legislative chamber where the business of the Legislature is conducted is called "the floor. "
Thus, it is no wonder that an uninitiated constituent was perplexed when she was told that the bill in which she was interested had been "dumped in the hopper, " and that her legislator was unavailable to talk with her because "he is tied up on the floor. "
This violence really should stop! copies with a committee aide for distribution. Some people leave copies of their entire testimony
Making Your Case 15
may be all that is needed; you do not want to burden members with more paper unless you believe the material is particularly helpful. Thank the Chair and members for having had the opportunity to testify.
NOTE: There will be times when a motion is made to pass the bill before you have given your testimony. This is perfectly in order. However, because you have devoted much time and energy in preparing to testify, you may feel disappointed. If this happens, do a quick reality check: Which is more important? Giving your testimony or having the bill passed?
16 Making Your Case
Letter writing is probably the most widely used means of communicating with legislators, and they do pay attention to their mail. Legislators readily acknowledge that a good letter-particularly from a constituent can make an impact. That is why it is so important that your letter is powerful.
The following guidelines will help to ensure that your letter will have maximum impact:
The letter should be brief, preferably one page or two pages (at the very most). Unfortunately, some people who feel strongly about an issue may have an irresistible urge to tell "the whole story" and believe a legislator must have all the details. Usually that translates into a long letter. Resist the urge. Keep it short.
A form letter, preprinted card, or other superficial means of communication has little effect. If it's from a constituent, it may have some impact; others should forget it altogether.
If you are writing about a specific bill, include the bill number and a brief statement on the subject matter at the beginning of the letter. Because thousands of bills are introduced each session, it is impossible for individual legislators to track all of them.
Discuss only one bill or issue in your letter. This makes it far easier for legislators or staff to track. If you wish to comment on several issues, write separate letters.
Your letter should be neat and your tone sincere and polite. Guard against being whiny or maudlin; do not threaten or belittle. To
And you thought you didn't count! A staffer, noting how sensitive legislators are to contacts from constituents, stated that she often tells the legislator that "a letter flooded in."
Making Your Case 17
"Have your facts straight. Once I agreed to author a bill and I was told there was no opposition in my community, It was a local bill. Now, after it's law, opposition is surfacing and I'm getting blamed."
Your letter will have maximum impact if it contains the following components:
A brief statement (ten words or less) on the subject; bill number if writing on a specific bill.
An introduction of yourself which tells why you are interested in or concerned about an issue or bill.
A personal anecdote about how the bill will affect you, your family, your community, your business, your job, your school, etc.
Some facts, including supporting information and data to support your position.
An invitation to contact you to discuss the bill, if desired.
A request for a reply if you need one.
A statement of ammeciation for consideration of your
In addition to letters showing support (or opposition), legislators receive letters requesting assistance to resolve issues with the bureaucracy. These requests usually are from constituents. In these letters, a legislator is called upon to be an advocate or ombudsman. This role has expanded in recent years, and significant support staff exists solely to respond to these requests. If a legislator is able to intervene successfully, the constituent is pleased. This is always important to any elected official.
18 Making Your Case
Telephone calls can be an effective means of communicating with legislators if the calls: (1) convey a meaningful message with helpful information, and (2) are made in a timely manner
Calls from constituents are the most effective; "telephone blitzes" are the least effective. Other calls are somewhere in between
It is important to remember that, during the legislative session, legislators usually are attending committee meetings, conducting other legislative business such as meeting with staff, drafting legislation, preparing for bill presentations, lobbying other legislators, or participating in formal legislative work in the Senate or House chambers. Therefore, it is likely that a legislator will not be available to take your call. If that is the case, do not hesitate to leave your message with a legislative assistant or other staff. Trust the staff to get your message to the legislator.
If you request a return call, you can usually be assured of getting one if you are a constituent. Others may get a return call. Remember that there simply are not enough hours in the day for legislators to return all calls, particularly if there is an organized blitz underway. Fortunately, most people are comfortable leaving their message with staff
It is important to make your call brief and come quickly to the point. Always be polite. In conveying your message, do the following:
Identify yourself with your name and your city or town of residence. If your call is regarding a specific bill, give the bill number and subject matter.
State your support (or opposition) to the bill and a brief reason for your position.
Webster defines blitz as "a sudden attack; an intensive and forceful campaign."
Making Your Case 19
Request the legislator's support (opposition) to the bill.
Indicate your availability to discuss the issue further, if desired.
Leave your telephone number.
Express thanks
Your call will have the most impact when received within a week of the bill's being heard in committee. If the legislator serves on the committee hearing the bill, that is a bonus! Another appropriate time, but usually not nearly as effective, is shortly before the bill is heard by the entire legislative body
Legislators also receive many calls from people requesting assistance for a problem with the bureaucracy. These calls are handled in the same manner in which letters requesting assistance are handled. (See "Letters to Legislators.")
Finally, there is the call that mayor may not have impact-it all depends. This is the call that is part of a blitz. Usually these calls are part of an organized effort to simply overwhelm a legislator's office. The calls do not provide much in the way of helpful information
Be careful with blitz calls. They tend to irritate legislators and staff because they take up valuable time that most believe could be put to better use
In spite of their dubious value, blitz calls are not totally ignored. However, you can count on one thing: A blitz is seldom, if ever, the main reason for the passage or defeat of a bill. Other factors are.
20 Making Your Case
If groups devote ample time and personnel to properly organize a Lobby Day, it can be a very effective way to make an impact
Legislators also find Lobby Days very useful. They have the opportunity to show visitors their "human" side, i.e., tell the visitors about the legislative process, tell anecdotes about themselves, share some of their frustrations. Legislators are notified in advance about Lobby Day events and, therefore, are prepared and "up" for the arrival of the visitors
If your organization is sponsoring a Lobby Day, you should expect the following:
Notification at least six weeks in advance.
List of the names and telephone numbers of legislators to enable you to schedule appointments. As a constituent, you would have the most impact; therefore, appointments need to be coordinated with other constituents. The group visiting a legislator should number no more than four to six at one time because offices are not large and have limited seating. When a large number of constituents are planning to participate in a Lobby Day it is not unusual for legislators to reserve a room in the Capitol in which to meet.
A packet of materials that includes, at a minimum, a copy of the bill or issue on which you will be lobbying; a fact sheet for your use that can also be shared with legislators; other essentials such as buttons (which give you an identity), pens, paper, and an agenda of the Day's activities; and a map of the Capitol complex. A get-together at the end of the day. This will allow you to share your experiences with other participants, tally wins and losses, and prepare for the next course of action.
Lobbying Day At the Capitol
This event will give group members a sense of purpose and power in their effort to personally influence legislators.
Making Your Case 21
Rallies
There appear to be two main reasons for holding a rally: (1) to whip up group enthusiasm for an issue, and (2) to get some attention (usually from the media) for the group's stand on an issue
A rally's direct impact on legislators is minimal. However, a rally held in conjunction with a Lobby Day can be very useful. Together, they can give the group a sense of camaraderie prior to the group's members visiting legislators. The enthusiasm generated from the rally will come through in the visits
You should note that for a rally to have any chance of being considered a success-even if held with a Lobby Day-a large number of people must participate. Whether held in the Capitol rotunda, on the steps of the Capitol, in a large room at the Capitol, or in the Capitol complex, a crowd is essential. There are few things more pathetic than a small group of people standing around having a rally. Neither you nor your group needs that type of embarrassment!
22 Making Your Case
Petitions
Usually, petitions do not make much of an impact. There is a general feeling that almost anyone will sign one because those soliciting signatures either give very little explanation of the issue or describe the issue in very simplistic terms
If you have a choice of signing or not signing (and you understand the issue), by all means, sign. However, be aware that the impact will be only that of complementing more meaningful lobbying activities
If you area member of an organization that is thinking about circulating a petition, consider this: It takes enormous time and planning to mount a successful campaign. Ask the question: Could this time and effort be better spent on a more productive lobbying activity?
NOTE: Legislators may look at petitions to secure the names and addresses of constituents; the signers may even get a response.
The Question Remains: Are These Names Real People?
Making Your Case 23
Will these public feedings really help my cause?
24 Making Your Case
Legislative Receptions
Legislative receptions get mixed reviews. All things being equal, most legislators prefer to go home at night. It is that simple. Some legislators-who are living away from home during the session-view receptions more positively. For many of them, a reception is better than - returning to their temporary apartment m motel room. However, even these legislators want some information and meaningful dialogue when attending a reception. Food alone is not enough
Probably the best incentive for attending is when it is known that constituents also will be attending. Visiting with constituents gives legislators the chance to be with people from "back home" in a comfortable, informal setting. Furthermore, legislators do not want to do anything that could be perceived as discourteous to constituents-like not showing up
The bottom line on receptions is this: Unless there are constituents in attendance, your organization may want to consider a more effective, less costly event. A breakfast meeting with one or two legislators and just a few members of the organization might be more appropriate
NOTE: More and more states are enacting laws that limit the amount of money that can be spent on legislators for receptions and similar events. Therefore, if you plan to hold a reception, be sure that your proposed spending is acceptable under statute or rules of the legislative bodies. State ethical practices boards watch this carefully.
Making Your Case 25
They are the gatekeepers, treat them well.
26 Making Your Case
Legislative Staff
Although their responsibilities may occasionally overlap, it will be helpful to you to divide staff into five group's
Legislative Assistant (formerly Secretary).
This person is among the first and most important people with whom you will come in contact
At a minimum, a Legislative Assistant's responsibilities include scheduling appointments, answering telephone inquiries, and opening and prioritizing mail
A Committee Legislative Assistant, in addition to the above responsibilities, sets up Committee meetings, reserves rooms, gets legislators' folders and name tags in order, keeps minutes, and prepares Committee reports.
This is the person who also keeps in touch with constituents and may advocate for the constituents, knows when bills are scheduled and where they will be heard, and understands the nuances of the legislative process.
During the close of the session, the Legislative Assistant is the person who juggles the schedule, to ensure that the legislator is able to attend as many meetings as possible and yet meet a myriad of other demands.
Furthermore, many Legislative Assistants and Committee Administrators serve as confidantes to the legislator and know the tone that is to be set in the office. Usually this tone is one of extending service and assistance to those who come in contact with the office.
REMEMBER: When you are a recipient of that service, express your appreciation
3 titles vary from state to state.
Making Your Case 27
Committee Administrator. In consultation with the Chair of the Committee, the Committee Administrator schedules the bills to be heard by the Committee and "sets the stage" to assure that Committee activities proceed in an efficient and orderly manner
When requested, the Committee Administrator also acts on behalf of the Chair in participating in meetings and other events when the Chair is unable to do so.
Although you undoubtedly will have more contact with the Legislative Assistant than the Committee Administrator, the Committee Administrator is a person with whom you also may have considerable interaction throughout the legislative session. Get to know him/her at the beginning.
Legislative Services (Caucus) Staff.
Both political parties have their own caucus staff. Caucus staff assist legislators in numerous ways, most of which will cast legislators in a positive light. Caucus staff summarize bills, provide casework for constituents, develop policy and political agendas, and provide media services.
More than likely you will not have much direct contact with Legislative Services staff. However, it is important that you know that they play a vital role.
Counsel and Research Staff. They are nonpartisan staff whose services are available to all legislators without regard to caucus. Although many are attorneys, they also include those with experience or expertise in public policy, political science, and other related backgrounds.
28 Making Your Case
They draft bills, issue reports, provide information, and give advice and legal counsel, but not legally binding opinions. Legislators may occasionally ask you to work with research staff in refining proposals and drafting bills.
Other.
A wide array of staff-including Reviser of the Statutes, assistants to Senate and House leadership, clerks, interns, computer experts, security and housekeeping personnel, and information specialists-are important to the process
Some wield considerable power by virtue of the responsibilities associated with the job and/or relationship to leadership. Your contact with these staff will be minimal.
Whether you have much contact with Legislative Assistants, or very little with other legislative staff, treat them with courtesy and respect at all times.
REMEMBER: Never throw your weight around. Nobody will be impressed, but they will remember.
Making Your Case 29
Important Players
PEOPLE WHO IMPACT THE LEGISLATIVE PROCESS Knowing Where They Fit in Will Help You Fit in
THE GOVERNOR
Although the focus of lobbying during the session is the Legislature, do not forget the Governor. The Governor makes the final decision on a bill by either choosing to sign it or to veto it. If you have any indication that the Governor might veto a bill, contact the Governor's Office immediately following final passage of the bill by the Legislature- you may write, call or send a telegram/fax.
Timing is important because following passage of a bill, the Governor has only a limited time in which to sign or veto. 4 Your input during this time is vital.
STATE DEPARTMENTS State departments or agencies must also be considered players. On behalf of the Governor, they submit both budget and nonbudget proposals to the Legislature.
Department staff devote considerable time and resources in their lobbying efforts to get their proposals into bill form, find authors, guide the bills through the process, and get them passed.
Departments also are called upon by the Legislature to complete fiscal notes on bills that carry an appropriation (cost money), comment on bills that are being heard in committee, and provide other information on the activities and programs of their particular department.
If you plan to lobby on a regular basis, get acquainted with department staff. They can provide information which you may be unable to get from any other source; and, on occasion, their support of your bill is helpful. NOTE: There also are occasions when a department's support is not helpful. Know when this is the case.
4 Time limits vary by state. In Minnesota, the Governor has three days for bills that pass during session and fourteen days for bills passed on the last day.
30 Making Your Case
RULE MAKERS
When a bill becomes law, it may only be the beginning of the implementation process. In many instances, rule making is the next step. The Legislature has granted significant authority to state agencies to adopt rules that respond to the what, when, where, and how of specific laws. Rules that evolve from this process have the "force and effect" of law.
If you are interested in or concerned about how a bill you supported is going to be implemented, contact the appropriate agency about its rule making process. Because the process is designed to be fair and impartial, public comment-including yours-is welcome. THE COURT The Judicial Branch is composed of the Supreme Court, Court of Appeals, and District Courts. One of the powers of the Court is to interpret laws. Thus, if there is a question on meaning or application, the citizenry may turn to the Courts for assistance.
Making Your Case 31
A little known truth: the world does not stop just because the legislative session ends.
32 Making Your Case
Interim Activities
When the legislative session ends, legislators seldom take an extended break. Many return to jobs which they hold in addition to their work as legislator's Others consider themselves full-time legislators and continue to be involved in various interim projects. Either way, both devote considerable time to legislative activities during the interim.
ACTIVITIES IN THE DISTRICT Whether or not it is an election year, legislators do their best to be involved and accessible in their districts. If you live in the district, every effort will be made to respond to your request or inquiry. Individuals, businesses, and organizations in the district usually get quick attention. LEGISLATIVE COMMITTEE WORK Be sure to get on the mailing list for interim committee meetings. In addition to meeting at the Capitol, committees often meet in locations throughout the state during the interim. your area that are relevant to are interested. Plan to attend those in the issue(s) in which you Much of the groundwork for the next session is laid in interim committee deliberations; you will want to be aware of these. Attending interim meetings also gives you the opportunity to keep up contacts and shows your ongoing interest. THE CAMPAIGNS Senators are up for election every four (4) years and Representatives every two (2) years. Elections are held in even-numbered years. Campaigns start early (some say too early) and take an inordinate amount of time and energy. Therefore, if you plan to visit with a
5 In some states, legislators have full-time positions; in others, part-time.
Making Your Case 33
legislator during the interim of an election year, you may have some difficulty because he/she does not spend much time at the Capitol
However, if you do need to contact a legislator during this time, make an appointment well in advance. The Legislative Assistant will try to arrange it around any meetings for which a legislator must come to the Capitol
REMEMBER: The primary focus in an election year is the campaign.
YOUR PREPARATION FOR THE UP-COMING SESSION Preparation for the session includes meeting with legislators to discuss your proposals, researching those proposals, and strategizing with the legislators who will be authoring the legislation you support. You should feel comfortable in initiating these precession contacts early in the fall. Mid-September to mid-December is the best time period in which to begin and, hopefully, finalize these precession activities.
34 Making Your Case
Political Campaign Work
Political party affiliation is particularly important to legislators when: (1) organizing the Legislature-at which time the majority party takes control and members of the majority and minority have a voice in selecting their leaders and setting the direction and focus of their party (or caucus), and (2) when running for election or reelection. For the most part, the former is an internal process in which you will have little, if any impact (nor should you). The latter, however, presents an opportunity for you to become fully involved
If you have a strong political point of view, plan to work on the campaign of a candidate who will support and articulate that point of view
Surprisingly to some, campaign work-both for the candidate and for volunteers-involves a lot of grunt work. Stuffing envelopes, dropping literature, door knocking throughout the district, making telephone calls, and helping with fund-raisers are just a few of the tasks. However, the anticipated victory and camaraderie usually make it all worthwhile. And do not forget to make a financial contribution if you can afford it. Even a modest contribution is always appreciated
During the campaign, you will have established a positive relationship with the candidate, and when he/she takes office, this relationship will allow you greater access. Legislators remember their supporters and workers.
Making Your Case 35
Come on-do a little grunt work!
36 Making Your Case
GLOSSARY
(Two Dozen Words That Will Help You Understand What Is Going On)
Amendment A change or addition to a bill or motion; must be germane to the subject of the bill or motion.
Author Legislator who introduces a bill; chief author has primary responsibility for passage of a bill which may have up to four co-authors; sometimes called sponsor.
Bill The form in which a proposal to create, change, or abolish a law is introduced into the Legislature.
Calendar Bills and/or other items of legislative business listed in the order in which they will be presented in the chamber. Bills are considered by the body (Senate or House). The Calendar is very useful to anyone following actions in the chamber.
Caucus Legislators who belong to the same political party and are organized to impact legislative actions; "to caucus" is a meeting of these legislators.
Chamber Place in the Capitol in which legislators meet to consider legislation and/or conduct other business.
Committee A group of legislators, appointed by the leadership, that considers and makes recommendations on bills that have been referred to it. Senate and House each has its own committee system. A "standing committee" is a permanent committee unless the Rules of the body are changed. Other committees include conference (members of Senate and House appointed to reach a compromise on different versions of a bill); interim (appointed to study a subject after the session adjourns and charged with reporting back to the Legislature in the next session); and ad hoc (appointed for a specific purpose; dissolves when task is completed).
Committee of the Whole Senate or House acting as a single committee. When either body meets as a Committee of the Whole, debate is informal and actions are preliminary. Votes are recorded in the Senate when three (3) members demand a vote; in the House when fifteen (15) members demand a vote.
First Reading The formal introduction of a bill. Clerk of the legislative body "reads in" the bill; usually the reading of the bill's title is all that is necessary. Following the first reading, the bill is referred to the appropriate committee.
Floor Area in the chambers where legislators sit-trod from which they speak.
Gallery Area reserved for the public to observe the chamber.
Making Your Case 35
General Orders A list of the bills scheduled to be heard by the Committee of the Whole.
Hearing Committee meeting in which points of view on a bill are presented and votes are taken.
Journal Official record of the actions taken by the Legislature. Each body has its own journal. A copy of the journal usually is available the day following the proceedings.
Majority Leader Legislator selected by the Majority Caucus to direct caucus strategy on the floor; leads the caucus.
Motion A proposal made formally to a committee or to the full Senate or House. Bills and other legislative business are moved through the Legislature by motions.
Quorum Established by rule, it is the number of legislators that must be present to conduct business; generally, a majority.
Reviser of the statutes Office that has the authority to put bills in proper legal form.
Rules Adopted by the Legislature, rules regulate the process and actions of the Legislature in a prescribed way.
Second Reading Following committee action, a committee report is presented to the legislative body and,, following acceptance of the report, the bill receives its second reading. Next step: the bill is placed on General Orders.
Sine Die Final adjournment of the Legislature.
Speaker The presiding officer of the House of Representatives, usually of the majority caucus. Often referred to as "the second most powerful position in state government" (following the Governor).
Third Reading Reading of the bill before the legislative body votes on final passage.
Veto Return of a bill by the Governor to the Legislature without the Governor's signature (which is necessary for a bill to become a law). To override a veto, two-thirds (2/3) majority of the entire Legislature is necessary for passage.
Making Your Case 35
BE READY TO ANSWER ALL TYPES OF QUESTIONS
TYPE
THE PURPOSE IS. .
EXAMPLES ARE
Factual To get information To open discussion
The 5 "W's": who, why, what, when, and where The "how" question.
Explanatory
To get reasons and explanations
To broaden discussion
To develop additional information.
"In what way would this help solve the problem? "Just how would this be done?"
Justifying
To challenge old ideas
To develop new ideas
To get reasoning and proof
"Why do you think so?" "How do you know?" "What evidence do you have?
" Leading
To introduce a new idea
To advance a suggestion of your own
"Should we consider this as a possible solution?"
"Would this be a feasible alternative?"
Hypothetical
To develop new ideas
To suggest another, perhaps unpopular, opinion
To change the course of discussion.
Suppose we did it this way- what would happen?"
"Another region does this, would this be feasible here?"
Alternative
To make decisions between alternatives
To get agreement
"IS `A' our choice in preference to `B'?"
Coordinating
To get agreement.
To pave the way for action
"Can we conclude that this is the next step?"
"Is there general agreement on this plan?"
Making Your Case 35
MEMORABLE QUOTES FROM THE LEGISLATURE
About Lobbyists:
"I know a lobbyist who really gloats when he wins. He just seems to enjoy sticking it to those who are on the other side. And I know lobbyists who are never satisfied-they never think they get enough. I don't like either kind. "
"If you are professional, dedicated and sincere and know your subject, you'll do well."
"Be truthful and that means letting me know if the bill has any opposition."
"I don't like it when people follow me into the bathroom."
About Testimony: `
"Use a hand-out only if it is a summary. You have to be a Philadelphia lawyer to read some of the reports people bring in, and most aren't timely anyhow."
"Long presentations are not necessary even if we are unfamiliar with the subject. Some of them ramble on so long you almost slip into a coma listening to them talk."
"Parents and consumers are very effective. They have a story to tell."
About Visits:
"Either call or drop by to make an appointment
Don't ambush me in the hallway."
"There are people who just march right in and when I'm working at my desk, it's darned hard to stop them. I hate that. "
"Present me with something in your request that makes an impression and be 100% prepared. "
About Rallies:
"The legislators who attend usually are already supporting the issues."
Making Your Case 35
ATTENTION!
ELEMENTS OF A NATIONAL CAMPAIGN
Any effort to enact federal legislation must be sustained over a period of time and will require that individuals from across the nation participate in the process of contacting policymakers. Consider every member of Congress as well as members of key policy and appropriations committees as potential contacts in your strategic plan. You need to develop each element of a successful campaign.
Think of yourselves as members of a "winning" team with expert coaches close to the heart of government who will call the plays for you. You each bring unique talents and experience to the team. Think about what you can do yourselves and with the contacts you have with others. Brainstorm as many activities as you can for each of the five functions your team needs to perform.
As a steering committee MEMBER, you have five functions to perform:
1. Field Services/Operations: Recruit new members, set up speakers bureaus; conduct petition drives, organize letter writing campaigns, including letters to the editors.
2. Finance: Develop a budget to cover the costs of campaign events and activities. Then make a fund raising plan to generate the money to cover the budget. You may want to divide the talent so that folks make the best use of their expertise.
3. Research and Materials: Use materials provided from the "coaches" at the federal level, add the local perspective to be shared with the new recruits to inform them...and send to the policy makers to persuade them. Think about fact sheets, questions and answers, identify supporters... and anticipate opposition. Think about how to use stories and pictures.
Making Your Case 35
4. Public Relations: People-potential supporters, the general public, and policymakers-all give credence to what they read in the papers, what they hear on the radio and what they see on television. Organize a multi-media approach to convey your message. Schedule press conferences around key votes or events, and feature people with disabilities.
5. Legislation: Once a piece of federal legislation starts on its path, sudden and unexpected changes can occur. Someone, or a number of someones, should be responsible as contacts for monitoring the legislation and keeping the other members of the team informed. Think of these individuals as "point guards," keeping all other players in motion, knowing the dates of hearings, coordinating who calls on which legislators and when, and arranging "back home" meetings.
Making Your Case 35
ORGANIZING A CAMPAIGN
ISSUE
1. FIELD SERVICE/OPERATIONS
Use the space below to record your ideas for recruiting and mobilizing new talent. Once you find folks, you need to have a way to keep track of their talents and interests. You also want to give new players something to do so they know they are really needed. Not everyone has to do everything . . . but everyone should do something. Think about gathering agencies as "endorsers" of the issue. . . or at least the concept.
How will you find people? What groups will you contact? What newsletters will you use?
What informational material will you give people who are interested? Fact sheets, questions and answers, sample letters, petitions, blank telephone tree, other?
1
Making Your Case 35
How will you determine their interests? Who will maintain the file of interest forms?
What organizations/ groups/clubs/etc., could be included on a schedule of presentations to provide information and gather support/ endorsements?
2
Making Your Case 35
2. FINANCE
Use part of the space below to record your ideas for the components of a budget for the campaign: materials, phone, postage, respite, travel to meetings, special events that draw attention to the issue such as rallies, demonstrations, press conferences, etc.. Use the remainder of the space to record your ideas for making money to support the campaign: selling buttons/T shirts, wine tastings, balloon races, mud wrestling. Think about what organizations, agencies, and/or business might contribute funds or donate services. Keep track of these as "in-kind match."
List the items you can think of to include in the budget.
Generate ideas to raise money.
What agencies/businesses/organizations will you approach to collaborate with or donate to the campaign?
Other suggestions?
3
Making Your Case 35
3. RESEARCH AND MATERIALS
Think of what materials you would need to understand the issue. . . then think about what you would need to persuade someone who has never heard of the issue. Remember that as the legislation moves through the process, materials may need to be modified or new materials may need to be developed. Consider the contents for a press packet: information, pictures, a list of contacts.
What materials would be basic and essential for this issue? What would be the best format? (Remember: sample letters, thank you's, etc.) Think about content, style, and image.
Where can you get local/regional data on your issue? Where can you gather information on what the opposition (if any) will say about this issue?
List a set of materials to be included in a press packet
Other suggestions?
4
Making Your Case 35
4. PUBLIC RELATIONS
How many ways can you invent to increase visibility of the issue and generate public awareness? Think about how the "pros" capture our interest in new products. Think about a logo. . . a slogan. . . a catchy phrase. Consider how to stage an event that renews your team's spirit and presents a sense of strength and unity to the public. Your mission is to set your creative self free in shaping public opinion. What have you observed that has worked for other issues? Based on your reactions, what is the most effective approach?
Which newspapers and radio and television stations would you include on a list of key media contacts?
What contacts do you already have with media? Who do you know who has influence? Who do you know who organizes press conferences?
What human interest stories might be featured? Who could handle a call-in talk show?
5
Making Your Case 35
5. LEGISLATION There will beat least four separate hearings on your issue, two in the Senate and two in the House. Congressional members on one or more committees must be contacted by their constituents as well as by citizens from other states. At this stage in the legislative process, everything you do is for the purpose of giving committee members reasons for supporting your issue. How can you find out about the background, values, and previous voting record of your policymaker? Who can you contact? When you know what is important to a committee member, find the best person (s) to present your issue in the most persuasive manner. It could be as simple as finding an individual or family with the most compelling story to tell.
Where will you learn about the background of your key policymakers?
What contacts do you already have with your key policymakers? If none, who can you ask?
What approaches can you try to locate powerful or influential "persuaders?"
