more ways to make a difference north dakota action coalition: health policy & advocacy group

More Ways To Make A Difference

North Dakota Action Coalition: Health Policy & Advocacy Group

Learning Objectives

Why should nurses be engaged/involved in the policy process?

How can nurses influence the process? How can nurses make sure that their voices

are heard?

What is “government”?

Government defined:

Merriam Webster defines government as “the group of people who control and make decisions for a country, state, etc.” http://www.merriam-webster.com/dictionary/government

In the United States, we have a representative democracy

Citizens elect leaders to represent their interests in the lawmaking process

The people that an elected official (i.e. Senator, Representative, etc.) represent are known as their “constituents”

Once an individual is elected to public office, nothing legally binds them to vote in a certain way

One of the inherent risks of this type of government– candidates can make certain promises to voters while campaigning, but then behave in a different manner once elected

http://www.merriam-webster.com/dictionary/government

http://www.merriam-webster.com/dictionary/government

Three Branches of Government

The system of government used in the United States is characterized by a “separation of powers”

Our government is divided into three branches, the:

Legislative branch

Executive branch

Judicial branch

Certain powers are reserved to each branch, creating a system of “checks and balances”

This was designed to prevent any branch of government from obtaining too much power

Legislative Branch

The legislative branch is the branch of government tasked with the responsibility of passing laws

At the federal level, the legislative branch is generally referred to as “Congress”

At the state level, the legislative branch is usually referred to as simply the “state legislature”

For both the federal and state government, the legislative branch is “bicameral”

“Bicameral” means that the branch is divided into two separate chambers, the “house” and the “senate”

Legislative Branch

Apportionment & Terms Federal level– outlined in the U.S. Constitution

Senate

Each state has two U.S. senators, regardless of population

Senators represent their entire state and they are selected through a statewide election

Senators are elected to terms of 6 years

Elections are “staggered”, meaning that terms of the 100 American senators concluded at different stages

Every 2 years, approximately 1/3 of the country’s senate seats are up for election

The U.S. Senate was designed to be the more deliberative, slower-moving chamber of Congress

Legislative Branch


House

The number of house seats allocated to each state is done proportionately, based on population

The larger a state’s population, the more house seats they are allotted

Regardless of population, each state is guaranteed at least one seat in the U.S. House of Representatives

“Reapportionment” is done every 10 years– if the census shows a state has grown or shrunk in population, relative to other states, the number of house seats allotted to them may increase or decrease

Legislative Branch


House

In states with a single house seat, like North Dakota, representatives are elected by a statewide vote, and they represent the entire state

Most states, however, have multiple seats in the U.S. House

The respective state legislatures divide their state into a number of “congressional districts” (each district is required to be approximately equal in population) based on how many seats they were allotted

These representatives are chosen by elections held within each district, not by a statewide vote

In Congress, they are tasked with representing the constituents of their particular district, not the entire state

Legislative Branch


House

Members of the House of Representatives are elected to serve terms of two years in length

In contrast with the U.S. Senate, all members of the U.S. House of Representatives face election at the same time (elections are not staggered)

“The People’s House”

This chamber was designed to be faster moving than the U.S. Senate and more reflective of the citizenry’s changing viewpoints, which is why its members face reelection every two years (as opposed to the U.S. Senate’s six-year term length

Legislative Branch

Apportionment & Terms State level– outlined in the North Dakota Constitution

Members of both the North Dakota Senate and the North Dakota House of Representatives are elected to serve 4-year terms

The state is divided into 47 districts, approximately equal in population

Each legislative district is represented in Bismarck by 1 state senator and 2 state representatives

Elections are staggered, so that approximately half of the state’s legislative districts hold elections every two years

Legislative Branch

The two chambers, the Senate and the House, vote on laws separately

If a law passes one chamber, it is sent to the other for consideration

If a law is passed by both the Senate and the House, it is sent to the executive branch to be signed

At the federal level, the law is sent to the President of the United States

At the state level, it is sent to the Governor

A law cannot be sent to the executive branch to be signed unless it passes both chambers of the legislative branch

Executive Branch

The executive branch is the branch of government tasked with executing the laws passed by the legislative branch

At the federal level, the executive branch is led by the President of the United States

At the state level, the executive branch is led by the Governor

Both the President and the Governor are elected to serve terms that are four years in length

Executive Branch

At the federal level, Presidential and Vice-Presidential candidates run together as a “ticket”

They are elected by a vote of the “electoral college”, not by a popular “majority-rule” vote

Each state has a designated number of votes in the electoral college, equal to the sum of their numbers of U.S. Senators and U.S. Representatives

For example, North Dakota (which has 1 representative and 2 senators [like all states]) has 3 votes in the electoral college, the minimum a state may have

Minnesota (which has 8 representatives and 2 senators) has 10 votes in the electoral college

If a presidential ticket wins the popular vote within a state, they win the whole of that state’s electoral votes (ignoring a few exceptions)

If Presidential Candidate A wins 53% of the vote in Minnesota and Presidential Candidate B receives 47% of the vote, Presidential Candidate A wins all 10 of Minnesota’s electoral votes while Presidential Candidate B receives zero

Executive Branch

Electoral College Continued…

Currently, there are 538 votes in the electoral college

Because a candidate must receive a simple majority of votes in the electoral college to win, 270 votes are required

This system can allow for a Presidential ticket receiving fewer votes nationwide than another ticket (that is, losing the popular vote) to still win the presidency

This occurred when George W. Bush was elected in 2000

Small states like North Dakota have greater influence under this system because they are guaranteed 3 votes in the electoral college

Executive Branch

Electoral College Continued…

Electoral College system results in voters from certain states receiving more attention than others

It doesn’t matter how many of a state’s votes a candidate receives if another candidate receives more

Examples:

Democratic presidential candidates put little effort campaigning in Texas, which they know is likely to vote Republican

Republican presidential candidates put little effort campaigning in California, which they know is likely to vote Democratic

If presidential candidates were elected through a nationwide popular vote, Republicans would likely put more effort courting voters in California, as would Democrats in Texas, because even if they do not win in the state, they still benefit from earning some votes

Executive Branch

State level

In North Dakota, candidates for the positions of Governor and Lieutenant Governor run together as a unified ticket

They are elected to serve 4-year terms

In contrast to the use of the electoral college at the federal level, a simple statewide election is used to determine North Dakota’s Governor and Lietenant Governor

Executive Branch

The head of the executive branch has the power to sign into effect laws passed by the legislative branch The President (or Governor) also has the power to “veto”

legislation sent to them by the legislative branch

If this occurs, the law does not go into effect; rather, it sent back to the legislature for reconsideration

The legislature can override the executive’s veto with the vote of a “supermajority”, 2/3 of each chamber

The legislature can modify (make amendments to) the vetoed legislation, repass it, and send it back to the executive branch

The veto may also “kill” the legislation

Executive Branch

The Vice President (federal) and Lieutenant Governor (state) are also members of the executive branch

The Vice President serves as the President of the U.S. Senate and the Lieutenant Governor serves as President of the N.D. Senate

The Vice President/Lieutenant Governor only have the ability to cast votes on legislation in the event of a tie

Executive Branch

All of the various governmental departments, charged with implementing and enforcing laws passed by the legislative branch, are a part of the executive branch Examples at the federal level

Department of Agriculture

Department of Health and Human Services

Department of the Treasury

Examples at the state level

Department of Health

Department of Transportation

Department of Commerce

Heads of these departments are appointed by the Executive Branch

Judicial Branch

“The courts system”

The judicial branch is about much more than just trying individuals for crimes

From whitehouse.gov:

“Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. The courts, like Congress, can compel the production of evidence and testimony through the use of a subpoena. The inferior courts are constrained by the decisions of the Supreme Court– once the Supreme Court interprets a law, inferior courts must apply the Supreme Court’s interpretation to the facts of a particular case.” http://www.whitehouse.gov/our-government/judicial-branch

http://www.whitehouse.gov/our-government/judicial-branch

Judicial Branch

The judicial branch provides a crucial check on the legislative and executive branch

The judicial branch…

Can strike down any law passed by Congress on the grounds of constitutionality

May also rule actions of the President (executive branch) to be unconstitutional

Executive orders

Actions of executive agencies, such as the EPA

Judicial Branch

Weaknesses of the judicial branch

The courts cannot act alone

A case must be brought to them

In order for someone to bring a case to them, they must have been wronged

The courts have no enforcement mechanism

They may strike down a law on constitutional grounds, but they have no way of enforcing their decision

The courts need the support of the executive branch in order for their decisions to be implemented/enforced

Judicial Branch

At higher levels of government, the judicial branch is insulated from the people

Justices of the Supreme Court/Judges of Federal Courts are appointed by the President and confirmed by the U.S. Senate

In contrast with the legislative/executive branches, they are not elected by the people

This means that they don’t have any voters to appease

Theoretically, this allows justices to vote their conscience, whether or not it will be politically popular

Division of Government

How is government power divided at the various levels?

Federal

National level

President, Congress, Supreme Court, etc.

Powers are both originated and limited by the United States Constitution

10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

State

Laws apply only to the individual states

Governors, state legislatures, state supreme courts, etc.

Division of Government

How is government power divided at the various levels?

City (“Municipal”)

Mayor, City Council, Municipal Court

School Board, Park Board, etc.

Policies apply only to cities themselves

Called “ordinances”, not “laws”

County

County commissions, sheriffs, etc.

Why do I need to know about government?

Why is it important to be informed/engaged in the process?

Everything that government does affects us

Recent historical example of issue that had an effect on nursing industry (this issue will be referenced throughout module as well)

Government by the people, for the people

If you don’t stay informed and take advantage of your right to make a difference, then you are, in effect, surrendering your voice

Without your involvement in the process, laws will still be made– but will they be the laws that are best for you, your family, your organization, your business, your career, or any other area of personal interest?

Engagement and involvement allows you to influence the outcome of the policymaking process

How are laws made?

Laws can be made a couple of different ways

Laws can be made by elected officials (through the legislative branch)

Laws can also be made by a vote of the people (through referendums, initiatives, etc.)

The first way is far more common

How does this work?

How are laws made?

A very brief overview… First, a bill must be passed by the legislature, which is divided into 2 different

chambers

Both chambers (the house and senate) must pass the bill

Next, the bill must be signed by the Governor’s office (executive branch)

Without his signature, the bill doesn’t become law

The governor may “veto” the law and send it back to the legislature unsigned

Even if the governor vetoes a bill passed by the legislature, the bill can still be made into law if both chambers of the legislature vote (with a 2/3 supermajority) to override the governor’s veto

The power to sign/veto legislation is one of the most significant tools at the disposal of the governor in promoting their legislative agenda

Legislators want their legislation to be signed into law, enabling the governor to shape legislation by threatening a veto if changes are not made

How are laws made?

A very brief overview… (continued)

Finally, the bill becomes law and is implemented according to the text

Some laws go into effect immediately, while others have a specified date at which they go into effect

The executive branch is charged with executing/implementing the laws passed by the legislature and signed by the governor

Various executive agencies may be assigned various responsibilities in implementing/enforcing the law

They may also develop additional procedures/regulations to “fill in the blanks” of the legislation

Is it really this simple?

Yes and no…

This is how the system works, but there’s a lot that goes on behind the scenes

More about the legislature…

How many members are in the House & Senate?

Federal level

Senate: 100 members

House: 435 members, plus 5 nonvoting members that represent the District of Columbia, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands http://www.house.gov/content/learn/

North Dakota

Senate: 47 members

House: 94 members

http://www.house.gov/content/learn/

http://www.house.gov/content/learn/

More about the legislature…

Why the difference in size between the chambers?

At both the state and federal level, the House of Representatives is larger than the Senate

The House is supposed to be the chamber that is more connected to the people

By having more members, the viewpoint of more constituents will be represented

It is more likely that a diverse range of ideas will be considered in discussions

The Senate is designed to be the more deliberative, slower-moving body

It was envisioned as the more “experienced” chamber– at the federal level, Senators must be a minimum 30 years of age, while Representatives need only be 25

Because the chamber is smaller, it should be easier for negotiations to take place and for consenus to form

Campaigns & Elections

How do citizens get chosen to serve in the House & Senate? Quick overview of the campaign process

2-Party System

The American political process is characterized by some as a “2-party system”

This is in reference to the two major political parties in the United States

The Republican Party

The Democratic Party

But aren’t there more than two political parties?

Yes! In fact, there are dozens

Two of the more well-known “third-parties” include the Libertarian Party and the Green Party

Some candidates run as independents


So, why do people say we have a 2-party system?

It’s hard to win unless you’re a Republican or a Democrat

Advantages possessed by candidates belonging to either the Republican or Democratic parties can include:

Electoral College In order to win any votes in the electoral college, a candidate has to win the popular

vote in a state

In the 1990s, Ross Perot ran for President twice as a 3rd party candidate and gained a sizeable amount of the vote (18.9% in 1992 under the “United We Stand” party and 8.4% under the “Reform Party” in 1996) http://thecontenders.c-span.org/Contender/15/Ross-Perot.aspx

Perot earned a sizeable amount of the popular vote, but didn’t receive a majority of the popular vote in any state– this means that he didn’t earn a single electoral vote either year

Easier process to get on the Ballot

Party Infrastructure (fundraising, advertising, etc.)

Voter familiarity with the brands of political parties

http://thecontenders.c-span.org/Contender/15/Ross-Perot.aspx

http://thecontenders.c-span.org/Contender/15/Ross-Perot.aspx


Primary Election When most people think of political elections, they think of the general

election in November

The candidates that voters get to choose from in November are usually determined through a “primary election” held sometime prior

Per North Dakota Century Code, primary elections are held “On the second Tuesday in June of every general election year”

Primary systems differ by state, so we’ll focus on North Dakota

“Open Primary” style

Voters can only vote for candidates of one political party on election day, i.e. only Republicans or only Democrats

All candidates are on the same ballot

There are not separate ballots for Republicans and Democrats, just different sections on the ballots for candidates of the different parties


Voters in a primary election may choose to vote for either Republican or Democratic candidates once they are in the ballot box, but they cannot vote for both

This means that a voter who considers themselves to be a Democrat could choose to vote for Republican candidates in the primary (or vice versa) and vote for the candidates that they think their party’s candidate would be able to easily defeat in the general election more easily

Most of the time in North Dakota, primary elections are a formality (That is, the majority of the races are not contested by multiple candidates)


How do candidates get their names placed on the ballot? Most common way: Party endorsement conventions

The Republican and Democratic parties in North Dakota conduct “endorsement conventions” at both the district and state levels

District level

Conventions held to endorse candidates for the state legislature (generally one senate candidate, two house candidates)

Voters attending the convention must be residents of the district

Candidates deliver speeches to attendees, who then vote on their favorites

The candidates that are selected at the district convention are then submitted for inclusion on the primary ballot

These conventions are very grassroots and easy to get involved with

Generally, there are relatively few people in attendance, so each person’s vote can carry significant influence


State-level Conventions Attendees at the state endorsing conventions are known as “delegates”

Each district is represented at the state endorsing convention by their delegates

The number of delegates allotted to each district is determined b y party rules and are not equal

Delegates for each district are elected to serve in the role at their district conventions

Candidates are endorsed for partisan offices to be voted on statewide, including U.S. Senate, U.S. House, Governor/Lieutenant Governor, Agricultural Commissioner, Attorney General, Public Service Commissioner, Secretary of State, State Auditor, Tax Commissioner, and Treasurer

Most of the time, the candidates selected at endorsement conventions go into the primary uncontested, but sometimes they face challengers who have their name placed on the ballot through a different route


Alternative method for candidates to have their names placed on the ballot: petitions

Candidates can have their name placed on the primary election ballot by submitting a petition signed by a sufficient number of qualified electors

Number of signatures required varies by circumstance

For legislative offices, “the signatures of at least one percent of the total resident population of the legislative district as determined by the most recent federal decennial census”

Required number of signatures for other circumstances can be viewed here:

Legislative Districts

North Dakota is divided into 47 legislative districts

Each district is represented in the legislature by 1 senator and 2 representatives

Every 10 years, after the census, the legislature goes through a “redistricting” process where district lines are reevaluated based on changes in population Each district is supposed to be roughly the same size in population

Section 2 of the North Dakota Constitution states that the legislature shall “guarantee, as nearly as practicable, that every elector is equal to every other elector in the state in the power to cast ballots for legislative candidates.”

The last time redistricting happened in ND was in 2011 Each district was designed to include approximately 13,664 residents

The largest district was 14,249

The smallest district was 13,053

http://www.legis.nd.gov/files/resource/62-2011/legislative-management-final-reports/2011ssfinalreports.pdf?20140214165316




The North Dakota Legislature

How often does the legislature meet? The legislature meets for its regular session once every two years

The maximum length of the regular session is 80 days. The North Dakota Constitution states that “No regular session of the legislative assembly may exceed eighty natural days during the biennium.” http://www.legis.nd.gov/constit/a04.pdf?20140214171800

These days do not need to be consecutive

North Dakota legislative sessions generally begin in January and end sometime in late April or early May of odd-numbered years

In 2013, the Legislative Assembly convened on January 8th and adjourned on May 4th http://www.legis.nd.gov/assembly/63-2013/regular

The Governor may call special sessions of the legislature which do not count toward the 80-day maximum

http://www.legis.nd.gov/constit/a04.pdf?20140214171800

http://www.legis.nd.gov/assembly/63-2013/regular

http://www.legis.nd.gov/assembly/63-2013/regular

The Legislature

Where does the legislature meet?

The legislature meets for its general session at the state capital building in Bismarck, ND

Interim legislative committees, which meet between legislative sessions, may meet elsewhere in the state

The Legislature

What does the legislature “do”? What powers do they have?

The Legislative Assembly passes the laws which govern the state

They appropriate funds for the operation of state government

“Advise and Consent”

Applies only to the senate, not the house

The Governor has the power to make appointments to a variety of positions

As a check on the power of the executive branch, the North Dakota Senate has the power to “advise and consent” the governor on some of these appointments– they must vote to confirm the governor’s appointees

Offices that this applies to include:

Members of the State Board of Higher Education

Commissioner of Financial Institutions

Securities Commissioner

http://www.legis.nd.gov/research-center/library/legislative-branch-function-and-process


The Legislature

What does the legislature “do”? What powers do they have?

Oversight

It is the duty of the legislature to maintain proper oversight over executive agencies, government subdivisions, and other organizations receiving support from the legislature

They must unsure that these groups are respecting the intent of the legislation they enact

They must ensure that the taxpayer-funds they have allocated are being spent appropriately

The Legislature

What’s a bill? What’s a resolution?

A bill, as defined on the website of the North Dakota legislature:

“Bills create, amend, or repeal law. To become law, a bill must pass the House of Representatives and the Senate by a majority vote of the members-elect in each house. Bills may be introduced by members of the Legislative Assembly, standing committees, or the Legislative Management. A state executive agency or the North Dakota Supreme Court can have bills automatically introduced in the name of the standing committee to which the bill will be referred. House bills begin with the number 1001, and Senate bills begin with the number 2001. The Constitution of North Dakota (Article IV, Section 13) provides that bills adopted by the Legislative Assembly generally take effect August 1 after filing with the Secretary of State. However, certain appropriations and tax measures become effective July 1. The effective date may be later if specifically written into a bill. The effective date may be earlier if the Legislative Assembly declares an “emergency” and the measure receives a two-thirds vote of the members-elect in each house.

http://www.legis.nd.gov/general-information



The Legislature

A resolution, as defined on the website of the North Dakota legislature:

“Resolutions propose constitutional amendments, express opinions, request actions, congratulate, or console. Resolutions do not have the effect of law. Resolutions are the vehicles used to propose constitutional amendments for voter consideration. Resolutions are used to request an interim study by the Legislative Management on a specific subject. Resolutions frequently express legislative opinion to Congress or other federal offices with regard to federal programs or policies. House concurrent resolutions begin with the number 3001, and Senate concurrent resolutions begin with the number 4001. Concurrent means that a particular resolution must be approved by both the House and Senate. The House or Senate may use resolutions for their own separate business such as memorial resolutions for deceased members, e.g., House Memorial Resolution 7001 and Senate Memorial Resolution 8001.”




The Legislature

What is a “Session Law”?

From the website of the North Dakota State Legislature: “Session Laws contain the text of all measures enacted (bills) or adopted

(resolutions) by a particular Legislative Assembly. Session Laws also include:

Constitutional amendments proposed by the Legislative Assembly. Vote totals are provided for those “approved” or “disapproved” since publication of the preceding Session Laws.

Initiated laws or constitutional amendments and referred bills submitted to voters since publication of the preceding Session Laws (includes vote totals).

Governor’s veto messages.

Lists of House and Senate members.

A statewide legislative district map.

Recent Session Laws are online at http://www.legis.nd.gov. “


http://www.legis.nd.gov/



The Legislature

Who are my legislators? Where do I go to find out? Is it okay to contact them?

Every district in North Dakota contains one seat in the Senate and one seat in the House of Representatives

This means that every North Dakotan is represented in the Legislative Assembly by one state senator and two state representatives (except in rare circumstances where a seat is vacant for whatever reason)

To find out who your legislators are, you must first know what legislative district you are in

Your legislative district is determined based on your residency in the state

The Legislature

How is my residency determined?

Section 54-01-26 of the North Dakota Century Code “Residence – Rules for determining” lays out some basic rules, several of which are displayed below

“Every person has in law a residence. In determining the place of residence, the following rules must be observed:”

It is the place where one remains when not called elsewhere for labor or other special or temporary purpose and to which the person returns in seasons of repose.

There can only be one residence.

A residence cannot be lost until another is gained.

The residence can be changed only by the union of act and intent

http://www.legis.nd.gov/cencode/t54c01.pdf?20140221202219

Article II of the North Dakota Constitution emphasizes that “No elector shall lose his residency for voting eligibility solely by reason of his absence from the state.”


http://www.legis.nd.gov/cencode/t54c01.pdf?20140221202219


The Legislature

How is my residency determined?

Section 16.1-01-14 of the North Dakota Century Code establishes that, to be a qualified elector for a given precinct or district, an individual must have resided there for at least 30 days prior to the election

If you have lived in the same location for more than 30 days, that location is your residency

If you have not yet lived in a location for 30 days, your previous address is still used to determine your residency

Biggest takeaway: you establish residency by living in a location for 30 days. If you move, you do not forfeit your previous residency status until you reestablish yourself somewhere else

The Legislature

This is a map of the state divided by legislative districts

http://www.legis.nd.gov/files/district-maps/2013-2022/population.pdf?20140221194112




The Legislature

If you live in one of the geographically-larger districts, it should be easy to tell what district you reside in. If you live in one of the state’s larger cities or near the border of two districts, it might be tough to tell what district you are a resident of.

The state of North Dakota’s website provides maps provides maps of smaller geographic areas for the bigger communities in the state, as well as an interactive statewide map. If you live in an urban area, these options may be useful for you. Links to the various maps can be accessed through this site: http://www.legis.nd.gov/districts/2013-2022

Once you have found out which legislative district you are in, you are just a few steps away from knowing who your legislators are!

http://www.legis.nd.gov/districts/2013-2022

The Legislature

First, open up your internet browser and visit the website www.legis.nd.gov

http://www.legis.nd.gov/

The Legislature

On the left side of the page, click the link referencing the current legislative assembly. You will then be brought to this page:

http://www.legis.nd.gov/assembly/63-2013



The Legislature

On the right side of the page, under the heading “Membership Information”, click the link which reads “Members by District”--- http://www.legis.nd.gov/assembly/63-2013

You will now be viewing a page which lists all members of the current Legislative Assembly, divided by their districts. Simply scroll down until you find your district and your legislators!

To find out more about an individual legislator, and to see their contact information, simply click on their name


The Legislature

As an example, here is the state webpage for Representative Thomas Beadle. Each legislator’s page lists their district, political party, chamber, committee membership, contact information, and a brief biography.

http://www.legis.nd.gov/assembly/63-2013/members/house/representative-thomas-beadle




The Legislature

Speaking with your legislator A lot of people are intimidated about giving their legislator a call

or sending them an email—they shouldn’t be!

Things to remember:

North Dakota has a “Citizen legislature”—that means that, other than a period of about 80 days every two years, your legislators live perfectly normal lives. They probably have another other jobs and likely live in a home not so far from yours! If the idea of talking to a legislator makes you nervous, try and think of it as speaking with a coworker or neighbor: it probably isn’t too far from the truth!

Legislators want to hear from you. Whether or not you voted for them, they know that their purpose is to represent you and your interests. The more informed they are, the more-able they are to do their job. They want to learn more about the issues being discussed, and have a better idea of how their constituents feel

Be respectful and professional. This will help you build credibility with the legislator and maximize the impact you can have.

The Legislature

Don’t be surprised if you don’t hear back from your legislator right away

Legislators are busy people. In addition to their public service, many of them have other full-time jobs. Your feedback is important to them and you should expect them to get back to you, but don’t be surprised if it takes them a little bit of time

Especially if you are trying to get in touch with them during the legislative session or close to an election. These are extraordinarily busy times for legislators, where they are balancing a lot of duties and obligations--responding to your feedback is certainly one, but be understanding if it takes a little while.

The Legislature

Leadership in the legislature

Both chambers of the legislature have leaders elected by the two parties

The party with more members is known as the “majority party”, while the party with fewer members is known as the “minority party”

Each party elects leadership within the chamber

Majority party elects “majority leadership”

Minority party elects “minority leadership”

The Legislature

Senate Leadership

President: Lieutenant Governor Drew Wrigley (Republican)

This position is not elected by the Senate, but through a statewide election as was previously covered

President Pro Tempore: Senator Terry M. Wanzek (Republican)

Majority Leader: Senator Rich Wardner (Republican)

Assistant Majority Leader: Senator Jerry Klien (Jerry Klein)

Minority Leader: Senator Mac Schneider (Democrat)

Assistant Minority Leader: Senator Joan Heckaman (Democrat)

Majority Caucus Leader: Senator David Hogue (Republican)

Minority Caucus Leader: Senator John M. Warner

The Legislature

House Leadership

Speaker of the House: Rep. Bill Devlin (Republican)

Majority Leader: Rep. Al Carlson (Republican)

Assistant Majority Leader: Rep. Don Vigesaa (Republican)

Minority Leader: Rep. Kenton Onstad (Democrat)

Assistant Minority Leader: Corey Mock (Democrat)

Majority Caucus Leader: Rep. Joe Heilman (Republican)

Minority Caucus Leader: Rep. Ed Gruchalla (Democrat)

The Lawmaking Process

So, we know that the legislature votes on bills, and if there are enough votes (and the governor signs it), the bill becomes law. But where do these laws come from?


Bills & Resolutions

Who writes them? Bills and resolutions can be written by legislators, interest groups, and even

individuals

Why do they write them? What are they ultimately trying to accomplish?

Prior to writing any legislation, the author should establish a clear purpose and ask themselves a few questions:

What are my specific objectives?

What is the overall goal that I want this legislation to accomplish?

What are the common themes of my objectives?

Has anybody else tried doing this?

In North Dakota?

In the region?

In the country?


Who would make good partners in this effort?

Are there any interest groups that have a similar goal?

Individual Legislators?

Political Parties?


What does the author include in the bill?

Writing law is very complex

Common for authors to have legal counsel assist them in crafting legislation

This helps to ensure that the authors intent is consistent with the text of the law

The bill must include the appropriate language so that it accomplishes the author’s objectives

The bill must take the status quo into account

Is the bill a new addition to law?

Is the bill amending existing law?

Is the bill repealing existing law?


Politics matters in bill writing

Bills go through many changes from the time they are first introduced to when they are signed into law by the Governor

This means that if a group’s ideal legislation is introduced, it probably will not look the same by the time it is passed (if it is passed at all)

This means that there are some important considerations that authors of legislation must take into account. Some of them include:

What is the likelihood of the legislation getting passed?

Is there room for compromise?

What elements of the bill are absolutely essential in order for the bill’s overall goal to be accomplished?


Sometimes, a group must accomplish their goals incrementally

Change is controversial

Things which are controversial are more difficult to pass in the legislature

The bigger the change in policy a piece of legislation represents, the more difficult it may be to pass

This presents more questions for groups and individuals drafting legislation to consider:

Do we think we can get all of what we want in this legislation passed?

Is our effort worthwhile if we can get “some” of what we want, but not all of it?


What parts of our legislation would we feel comfortable “dropping” Are there elements of the legislation that will create unnecessary

controversy? (i.e. the risk to the legislation posed by the added controversy is greater than the benefit added by the controversial element)

Do we deliberately include portions that can be dropped later? (i.e. do we include content that goes ‘above and beyond’ our goal)

Benefits:

If the entire legislation makes it through, you accomplish more than your goal

There is more room for compromising, while still accomplishing your objectives

Drawbacks:

Could create unnecessary controversy

This controversy could threaten the entire legislation and your overall objectives, not just the ‘extra’ parts


When do bills get written?

Bills are usually written between legislative sessions

Deadline for bill submission is early in the legislative session

What if multiple people have similar bills?

Sometimes multiple legislators author bills that have similar content

May be designed to address the same problem or centered on the same idea

Minor differences between similar bills may exist in the style (use of language) used

More significant differences may be the magnitude of the legislation

Versions may differ in how “extreme” an approach they take

Size of appropriations in bills may vary


Selecting sponsors

A “sponsor” is the legislator that introduces a bill or resolution for consideration by the legislative assembly

Multiple legislators can sponsor the same piece of legislation

In these cases, they are known as “co-sponsors”

The bill or resolution is branded with the name of the sponsors

While individuals and interest groups can write pieces of legislation, they cannot present it for consideration by the legislature

This is why a sponsor is needed


Selecting the right sponsor(s) is very important to the success of a bill

What things does an organization need to consider in selecting the right sponsor(s)?

Which legislators will support this policy?

Obviously, a legislator will not sponsor legislation that they do not support. This is the most basic thing to consider when narrowing down the list of legislators you can ask to sponsor a bill.

Partisanship

On some issues, Republican and Democratic legislators may be sharply divided

Political parties are often hesitant to allow the other side to “score” political victories

The majority party may block legislation proposed by the minority, even if they agree with it. Why?

If the legislation passes, it strengthens the minority party at the expense of the majority party

If they really do like the idea, members of the majority party can author similar legislation and propose it themselves, allowing them to take credit


How can having the right sponsor(s) mitigate the threat that political division poses to your legislation?

In a polarized political environment, having cosponsors from both the Republican and Democratic parties sends a strong message to the public. Legislation labeled as “bipartisan” may be received more favorably by the public. If both parties can “share” credit for legislation they agree on, they don’t need to be as afraid of the other side scoring points.

If securing sponsors from both sides of the aisle isn’t possible, or is impracticable for the given circumstances, it may be most desirable to have a sponsor from the majority party

This is particularly true if the same political party controls both chambers of the legislature (even more so if the Governor is a part of the same party)

While legislators do not vote with their party 100% of the time, as a general rule, legislators of the same party vote together.

If a member of the majority party is sponsoring a piece of legislation, they will generally have an easier time securing votes


Committee membership

A legislator who is a member of the committee that the legislation will likely be considered by could make for a strong sponsor

They may be respected on the subject matter

They are likely to be well-informed and knowledgeable of the history applicable to the issue

They will be in a strong position to defend the legislation during committee discussions

Life Experience

A legislator with personal or professional experience related to the legislation’s subject matter may be better prepared to make a strong case for it

A legislator personally affected by the problem the legislation was designed to combat may be a more passionate advocate


Personal Reputation

A legislator that is not well respected by the public may not make for a good sponsor, even if they are a strong advocate for the legislation

You do not want the spirit of the legislation to be tarnished by a legislator with a poor reputation

If a legislator is going to vote against your bill, you do not want it to be because of the person sponsoring the bill

Trust

Whenever possible, you should select a sponsor that you trust to accomplish the goals of your legislation

Prior to asking a legislator to sponsor your bill, you should be confident that their goals for the legislation are aligned with the goals of your organization


Legislative Committees What’s the point of committees?

It’s tough to work through a brand new piece of legislation in a body composed of dozens of members

Bills often go through many changes

Everything from typos to simple changes in language—things that do not affect the overall intent of the bill, but need to be changed nonetheless

Committees allow for more negotiation

There is more time for intense deliberation

Members have more time to express their concerns and elaborate on them

Proponents can make concessions to garner more support and secure votes


What’s the point of committees? (continued)

Tough to be experts on every issue

Legislature is filled with many incredibly bright and experienced individuals

No matter how hard they may try, it’s difficult to be an expert on every issue the legislature considers

Individuals serving on legislative committees listen to testimony from people ranging from everyday citizens to national experts

Through testimony and lengthy discussion, committee members are able to become particularly knowledgeable in the committee’s subject matter

Other members of the general assembly can utilize the expertise of committee members to assist them in making their decision, notably through the various committees’ “pass” or “do not pass” recommendations


What Committees are there?

A wide variety…

House Senate

Standing Committees

Standing Committees

Agriculture AgricultureAppropriations AppropriationsAppropriations- Education and Environmental Division

Education

Appropriations- Government Operations Division

Finance and Taxation

Appropriations- Human Resources Division

Government and Veterans Affairs

Education Human ServicesEnergy and Natural Resources

Industry, Business, and Labor

Finance and Taxation JudiciaryGovernment and Veterans Affairs

Natural Resources

Human Services Political SubdivisionsIndustry, Business and Labor

Transportation

Judiciary Political Subdivisions


What committees are there? (continued)

House Procedural Committees

Senate Procedural Committees

Arrangements for House Committee Rooms

Arrangement for Senate Committee Rooms

Committees CommitteesCorrection and Revision of the Journal

Correction and Revision of the Journal

Delayed Bills Delayed BillsEmployment EmploymentInaugural Planning Inaugural PlanningRules Rules


What committees are there? (continued)Interim Committees

Administrative Rules CommitteeAdvisory Commission on Intergovernmental RelationsAgriculture CommitteeBudget SectionCommission on Alternatives to IncarcerationEconomic Impact CommitteeEducation Funding CommitteeEmployee Benefits Programs CommitteeEnergy Development and Transmission CommitteeGovernment Finance CommitteeGovernment Services CommitteeHealth Care Reform Review CommitteeHealth Services CommitteeHigher Education Funding CommitteeHuman Services CommitteeInformation Technology CommitteeJudiciary CommitteeLegacy and Budget Stabilization Fund Advisory BoardLegislative Audit and Fiscal Review CommitteeLegislative ManagementLegislative Procedure and Arrangements CommitteeTaxation CommitteeTribal and State Relations CommitteeWater Topics Overview CommitteeWorkers’ Compensation Review Committee


What committees are there? (continued)

North Dakota Statutory CommitteesAdvisory Committee on Sustainable AgricultureAirplane Replacement Advisory CommitteeCapitol Grounds Planning CommissionChild Support Guidelines Drafting Advisory CommitteeCommission on Legal Counsel for IndigentsCommission on Uniform State LawsCommittee on Protection and AdvocacyComprehensive Health Association of North Dakota BoardCourt Facilities Improvement Advisory CommitteeCrop Protection Product Harmonization and Registration BoardDevils Lake Outlet Management Advisory CommitteeEducation Commission of the StatesEmergency CommissionHealth Information Technology Advisory CommitteeHigher Education Grant Review CommitteeLegacy and Budget Stabilization Fund Advisory BoardMidwest Interstate Passenger Rail Compact CommissionMidwestern Higher Education CommissionMultistate Highway Transportation Agreement Cooperating CommitteeNational Conference of Insurance Legislators

North Dakota Early Childhood Education CouncilNorth Dakota Lottery Advisory CommissionSchool of Medicine and Health Sciences Advisory CouncilSpecial Road CommitteeState Board of Agricultural Research and EducationState Council for Interstate Adult Offender SupervisionState Council for Interstate Juvenile SupervisionState Council on Educational Opportunity for Military ChildrenState Employees Compensation CommissionState Hospital Governing BodyState Information Technology Advisory CommitteeStatewide Longitudinal Data System CommitteeStreamlined Sales Tax Governing BoardStreamlined Sales Tax State and Local Advisory CouncilVeterinary Medical Education Program Admissions CommitteeYellowstone-Missouri Rivers Confluence Commission Source: http://www.legis.nd.gov/assembly/63-2013/committees


Are there different committees for the House & Senate?

Yes!

There are separate standing committees and procedural committees for both the House and the Senate

The committees are separate because the work they are conducting pertains to legislation under consideration by one of the specific houses

Interim Committees

Interim committees meet in between the general legislative sessions

They are composed of members of both the House and the Senate

Their purpose is largely educadtional


Interim Committees (continued)

Interim Committees…

Discuss ideas for legislation to present in the next legislative session

Are given updates from individuals involved in programs supported b y (or otherwise of interest to) the legislature

Hear testimony from experts on topics of interest to the committee

Provide an opportunity for everyday individuals to give comments to members of the committee

“Between sessions, interim committees hold hearings, take testimony, and review information provided by the Legislative Council, state agencies, and interested parties as they consider alternative approaches to issues raised by studies. “ http://www.legis.nd.gov/legislative-management

http://www.legis.nd.gov/legislative-management


What do the various committees do? Is there overlap?

The committees hold hearings, consider proposed legislation, and make recommendations on legislation to their chamber

Each committee handles a limited range of subject matter (which can generally be gleaned from the committee’s name)

Bills and resolutions are referred to a particular committee by the leader of the chamber

The Speaker of the House assigns legislation to the House’s committees

The President of the Senate (Lieutenant Governor) assigns legislation to the Senate’s committees


Who serves on the committees? How is this decided?

Legislators are “appointed” to serve on the various committees

Legislators serving on the Appropriations Committee do not serve on any other standing committee (as this committee meets every day of the week during the general session)

All other legislators (besides the Speaker of the House and majority/minority leaders) serve on two standing committees

Majority of the legislature’s work is completed within the various standing committees

Appointments to standing committees are made by the Committee on Committees (separate committees exist for the House and Senate, each dealing with appointments to the committees of their respective chambers)





What is the role of committees in screening bills and coming out with a DO pass or DO NOT pass recommendation?

The committees hold public hearings

Individuals are invited to provide testimony

Committee members discuss the merits of proposed legislation, potential problems, the overall impact of the legislation’s passage/not passage, etc.

Potential amendments to the bill or resolution are discussed and considered

After all of this is concluded, committees vote on a recommended course of action that they present to their chamber (i.e. House committees make a report to the House, Senate committees make a report to the Senate)


Committee reports on proposed legislation are summarized as either: 1) Do pass

2) Do not pass

3) Amend and do pass

4) Amend and do not pass

5) Without recommendation

Once the committee process is completed, the legislation is reported back to the committees’ respective chamber

Committees cannot “kill” bills or resolutions

This isn’t the case in Congress

All legislation considered by committees will have a vote on the floor of the respective chamber


Often, both chambers of the legislature will pass similar, but not identical legislation Intent may be mostly the same, but wording different

Sometimes, legislation passed by the two houses may be virtually opposites of one another

This is more likely if different parties constitute majorities in the two houses (i.e. Republicans control the House, Democrats control the Senate)


In order for legislation to be sent to the Governor’s office to be signed into law, both chambers of the legislature must pass identical pieces of legislation

When similar, but different, laws have been passed by both chambers, the bills or resolutions will be discussed in a “conference committee”

The conference committee is composed of six members

Three members appointed by members of the House

Three members appointed by members of the Senate

Members of the conference committee are charged with merging common elements of the different pieces of legislation previously passed by each of the two chambers and reaching an agreement for language to be used in sections of the legislation that differ





When do committees meet? Do they meet outside of the normal legislative session?

During the legislative session, committees meet at a regularly scheduled time and place at the state capital building in Bismarck

Interim committees meet in between legislative sessions, and their location may vary for each meeting


Legislative Management

Was originally established in 1945 as the “Legislative Research Committee”

Composed of 17 legislators, including:

Majority and Minority Leader of the Senate and the House

Speaker of the House

Six Senators (4 appointed by majority leader, 2 by minority leader)

Six Representatives (4 appointed by majority leader, 2 by minority leader”

Legislative Management meets after each session to determine what studies will be conducted during the interim session, which interim committees will be in charge of each study, and which interim committees legislators will serve on (each legislator serves on at least one)


Some interim committees are created by statute

Examples:

Higher Education Funding Committee

Employee Benefits Programs Committee

Legislative Ethics Committee

Other committees may be created by Legislative Management





What role can you play in the committees’ processes?

Testifying

What does it mean to testify?

What’s the purpose of testifying?

How do you testify?

What do you say?

What do you do?

What kind of information are legislators looking for?

“How to Testify Before a North Dakota Legislative Committee”

Provided by the North Dakota Legislature; accessible at: http://www.legis.nd.gov/general-information:

“You have the right…

You have the right, as do all citizens, to testify before the North Dakota Legislative Assembly on any bill or resolution.

North Dakota has one of the most open legislatures in the nation. Every bill must have a public hearing before a legislative committee, must be publicly voted upon by the committee, and then must come before the full House or Senate for still another public vote.

Your opportunity to testify on a bill comes at the committee hearing

Legislative committees meet in rooms on the ground floor or in the legislative wing of the State Capitol. You can come into a committee meeting at any time, even if the door is closed or a hearing is in progress.”





Continued (Source: http://www.legis.nd.gov/general-information ):

“Lists of the legislative committees, committee members, and the days and places committees meet are available on this website and at legislative information kiosk in the hall between the Senate and House chambers. Committee hearing schedules are available on this website and at the legislative information can be viewed on the monitors by the information kiosk and in the hall of the ground floor at the Capitol.

Most current versions of bills and amendments are available on this website. You can also get copies of bills from the Bill and Journal Room. However, if the bill has been amended, the printed bill may not include the amendments.

Hearings Before North Dakota Legislative Committees Are Generally Informal and Few Rules Need Be Observed!”




“Before the Hearing You Should…

Find out when and where your bill will be heard. Be on time for the hearing. Usually, once a hearing is closed on a particular bill, no further testimony is heard.

Plan your testimony. It is not necessary, but it is helpful, to have written copies of your comments available.

See if other persons will be testifying on your bill. If so, try to coordinate your testimony before the hearing to avoid duplication.

Contact the Secretary of State’s office if you are going to testify on behalf of anyone but yourself to see if you must register as a lobbyist.”




“At the Hearing You Should… Be present at the start of the hearing. All persons present usually get a chance to speak, but

sometimes because of large turnouts it is not possible to give everyone a chance to speak. If you do not get a chance to testify, your presence may be acknowledged and you might be asked if you favor or oppose the bill. Also, you can always submit written testimony.

Sign the witness sheet at the lectern. Give the bill number, whether you favor or oppose the bill, your name, your lobbyist registration number if you have one, and who you represent if other than yourself.

Wait your turn. The chairman announces the beginning of the hearing on a particular bill. The clerk will read the bill. The first speaker is usually the bill’s sponsor. The chairman then asks for testimony first from proponents and then opponents

Plan on following the custom (although it is not absolutely necessary) of beginning your remarks by addressing the chairman and committee members, giving your name and address, and why you are there. For example: “Mr. or Madam Chairman and members of the committee, my name is John Q. Public from Edwinton. I’m in favor of this bill because, etc.””




“Be brief. Do not repeat what others have said. The hearings are informal so be conversational. Avoid being too technical. Avoid using acronyms or technical references unless you first explain what they mean.

Do not be nervous or worried about doing something wrong. There are no “rights and wrongs” about testifying. Legislators are just your friends and neighbors who want to hear what you have to say.

Expect some questions and comments from committee members. These questions are not designed to embarrass you but merely to provide additional information.

Avoid any clapping, cheering, booing, or other demonstrations.”




After the Hearing…

Some committees vote right after a hearing. Others wait until the end of the meeting. Some postpone voting until another meeting.

All committee action is public so you can stay to listen to committee debate and its vote even though public comment portion of the hearing is over.

One or two days later you can check with the committee clerk, your legislator, or the legislative information kiosk to find out how the committee voted on your bill.


Review: How bills become law (example slide)

Writing the bill

Who was involved in writing the example bill?

Selecting sponsors

Who did they choose to sponsor the bill? Why? What steps were involved in the process?

Introduction

Which chamber was it introduced

Committee hearings

What committee did it go to? Why?

Who testified? What information did they provide to the legislators?

Review: How bills become law (example slide)

Votes in the House & Senate

Was this the margin what had been expected?

What happened once the bill was passed?

Signed by the governor

Explain: did the sponsors have the governor’s support prior? What role did the governor’s office play?

When did the bill go into effect?

Strategy

A lot happens between the time an organization decides they would like to author a piece of legislation and the time that the legislation is signed into law

Organizations should develop an overall strategy to increase the likelihood that they are successful in accomplishing their goals

In developing a strategy, there are a few areas that organizations may benefit from considering

Volume

Compromise

Message

Carriers

Strategy– Determining Your Volume

When your group is attempting to change policy, what do you want the volume of your message to be?

What sort of presence would you like to establish?

Loud and public?

Quiet, behind-the-scenes?

The public doesn’t hear about the vast majority of legislation that is passed every session

Why?


The media can only share a limited amount of information

Newspapers have a finite amount of space

TV news stations have a finite amount of time

The media needs to make a determination of what is “newsworthy”

What stories do they have an ethical obligation to tell?

What stories will interest people?

Which stories will be beneficial to their ratings/readership?

Items determined newsworthy become a part of the news

Other items remain hidden from the public eye

Do you want your legislation to be newsworthy?


Situations when you would want your legislation to be newsworthy:

When political pressure is necessary

The legislature is not, nor can it ever be, a body perfectly representative of the citizenry

There may be a discrepancy between the public’s opinion on proposed legislation and the view of legislators

Sometimes, this means that, while a strong majority of the public may be supportive of a piece of legislation, there exists only a minority of legislators in support

In cases such as this, legislators may need pressure from their constituents and other citizens in order to be swayed

The more newsworthy the legislation becomes, the more engaged the public will be and the easier it will be for your organization to mobilize supporters to contact their legislators


When awareness of the law’s existence is important in it of itself If legislation isn’t newsworthy, most people won’t know that a given law has

changed

Example: law mandating use of seat belts

What was the purpose of the law?

To minimize the amount of injuries and fatalities caused by automobile accidents by mandating the use of seatbelts

How is the law enforced?

Police officers on traffic patrol

Is the law enforced well?

It’s impossible to “catch” most individuals violating the law

If an individual chooses not to wear their seatbelt, there is onl a small chance that they will be spotted by an officer and cited for the violation.

Similar to other traffic violations, such as rolling through a stop sign in a residential community, most of the time, violators will not be cited

If the law isn’t enforced well, how can you improve the likelihood of the legislation’s purpose being accomplished?


When awareness of the law’s existence is important in it of itself (continued)

By making legislation newsworthy, you can increase awareness of the underlying issue that the legislation is designed to address

Using the seatbelt example, when the law was being discussed in the news, the public became:

More aware that the law was going to be passed and the penalties associated with violating it

Familiarized with statistics related to the number of fatalities that could have been prevented had seatbelts been worn

Exposed to several tragedies that could have been prevented by the use of seatbelts

Each of the above points increase the likelihood that individuals will change their behavior

The PR opportunity that can come with the passage of legislation can be very important to advancing an organization’s cause


When strengthening the brand of an organization is important

Having a piece of legislation passed is a major accomplishment that could boost the credibility/level of public knowledge of your organization


When may you wish to avoid making your legislation newsworthy?

When the bill is making minor changes to existing legislation

Sometimes, problems with a piece of legislation will only be revealed after it has been passed and its implementation has begun

Legislation which changes aspects of existing policy that relate to basic procedural or implementation issues may be able to garner a sufficient level of support from legislators relatively easily

This is especially true if the legislation’s sponsor ensures the focus remains on the procedural or implementation issues, and not the question of whether or not the previously-passed legislation should exist

Making this type of legislation newsworthy may threaten the likelihood of the legislation being passed

Since this legislation is designed just to address minor issues with the original policy, you may want to avoid rehashing the issue of the original policy– especially if it was controversial

Significant media attention is likely to do this, particularly if opposing politicians view it as a way to score easy political points (think of the example of Obamacare in Congress)


When may you wish to avoid making your legislation newsworthy?

When the purpose of the bill could be easily “spun”

If the purpose of the legislation could be easily “spun” by political opposition hoping to score a victory, a quieter approach may be preferred to avoid the threat posed by political gamesmanship

This is especially true if you are confident that you already have the support of legislators that you need to pass the legislation

Strategy: Compromise

You should be prepared to “give” on portions of your bill, especially if it is controversial

If your bill has more room for compromise, it may be easier to garner support from legislators looking for “give and take”

If your bill has too much room for compromise, it may be viewed from the start as too extreme and not given the consideration you are hoping for

Strategy: Message

What kind of public dialogue are you hoping to encourage?

Once you have answered this question, a simple way to develop your basic message is to create an “elevator pitch”

If you meet somebody in an elevator that asks you about your legislation, you might have about 30 seconds to describe it to them

What would you say in those 30 seconds?

What are the most important elements of the legislation?

What is the goal of the legislation?

What do you want the takeaway of the 30-second conversation to be?

The legislation should be written to match the message you are trying to send to the public

Strategy: Message

Talking points should be established that are consistent with the legislation

Why is this important?

Remember: if you do not set the tone for the public dialogue on your legislation, somebody else will

If you don’t frame the message, it may be your opposition that does

Since the framing of the message can greatly impact the outcome of your efforts, this must be a priority

Strategy: Carriers

Who do you want to be the carrier of your message?

Legislators?

Interest Groups?

Concerned citizens?

Lobbyists?

What’s the difference?

Strategy: Carriers

Questions to ask:

Who are the people best positioned to make the case for your legislation?

Is the issue political in a way that would position a political party (and legislators belonging to that party) to present the legislation?

Are there interest groups, well-known to the public, who would make strong partners on the legislation?

Have you identified any citizens whose personal background (their “story”) would make them a strong advocate for your legislation?

Does your organization know any lobbyists whose professional experience, and political networks, would enable them to be a particularly effective message carrier?

Strategy: Carriers

The individuals and groups that you select to carry your legislation’s message are critical

They will become the face of your legislation

You want to ensure that the face of your legislation is consistent its spirit

The face of your legislation should be a person that will be received favorably by the public

Advocacy

How does a normal citizen influence policymakers? Many different techniques Examples:

Emails/letters to policymaker

Meeting with legislators

Petitions

Letters to the editor

Advocacy: Emails/letters to policymakers

Interest groups have, for a long time, used “letter-writing campaigns” to exert pressure on elected officials

How it works:

Interest groups have certain goals that they are trying to accomplish

Interest groups have lists of members/other individuals whose goals may align with the group’s

When an opportunity for the group to advance its goals presents itself– say, a piece of legislation related to the goal is under consideration by the Legislative Assembly– the interest group may mobilize its members by organizing a “letter-writing campaign”


How it works (continued):

They begin by notifying their members/supporters of the issue at hand, and why they should care about it

Next, they ask the supporter to contact their elected official and urge them to take a certain stance on the issue


Strategy

The group could provide the supporter with a prewritten letter (a letter template) that only requires a signature

This is less genuine

Elected officials (or, more likely, their staff) may be less swayed by a flurry of identical, professionally written letters than they would be by personally written ones

Providing supporters with pre-written letters may result in a larger volume of letters being submitted, but the value of each will be less than if they were personally written letters


Strategy

Personally-Written Letters

While more genuine than templates, there are significant disadvantages of this approach as well

Because it takes more time to draft a letter than to merely write your signature on one, the volume of personally-written letters submitted will be smaller than if prewritten letters were provided

An organization’s communications staff is likely able to compose a stronger letter than t he average citizen

They will know exactly what to include in the letter (applicable facts, history of the issue, etc.)

They will know how to style the letter


Strategy

Personally-Written Letters

If an organization chooses not to provide prewritten letters to its members, they should take steps to mitigate these disadvantages

Options can include providing supporters with:

A list of key “talking points”, including basic arguments along with any particularly compelling data

The name and contact information for the office of the supporter’s elected official

An example of a letter used for another issue so that the supporter has something to go off of when drafting their own

Supplies, such as a stamp and envelope


Modern technology has simplified this process quite a bit

Emails can now be used for citizens to contact elected officials in a manner similar to letters

Much easier for groups to mobilize supporters

Rather than contacting them via phone calls or snail-mail, they can send out an email blast in an instant

They can also utilize social media to create a buzz around a topic of interest, and spread their message beyond their core group of supporters


Similarly, interest groups can organize a phone-call campaign to accomplish similar goals

Phone calls are another methods groups can use to gain the attention of policymakers

Rather than organizing supporters to write/send letters to elected officials, groups push them to make phone calls

This method may be harder for elected officials (particularly their staff) to ignore

It’s easy to ignore a barrage of emails, but harder to ignore persistent phone ringing

Some supporters may see this as a quicker opportunity to advocate for an issue than drafting a letter

Other supporters may be intimidated by the idea


What should you include in a letter?

A brief description of the issue you are concerned about

An explanation of why this issue represents a problem (tell the elected official specifically why this issue matters to them, that is, why they should be concerned about it too)

A statement of what you would like the elected official to do

Why are you sending them this letter?

Is it for them to take a certain stance on an upcoming vote?

Are you asking for them to introduce new legislation?

Lay out what you envision to be the solution to the problem you previously described, and explain what role you would like to see the elected official play in making that solution a reality


Other comments about drafting letters to elected officials:

Be respectful and courteous, even if you disagree with the policymaker or are upset with them for previous actions

Behaving in any other manner will accomplish little beyond diminishing your credibility and damaging your capability to influence them

Use professional language– make sure you use proper grammar, correct spelling, etc.

Make sure to include your name, title (if applicable), and contact information

Note: during this section, the phrase “interest groups” was used to reference the group organizing the letter-writing campaign. Remember that it doesn’t necessarily take a formal interest group, or even an organized group at all, to conduct a letter-writing campaign. A group o concerned citizens can be just as capable at organizing the effort as a formal interest group.

Advocacy: Meeting with legislators

Potentially the most effective way to get your message across is through a physical, face-to-face meeting with your legislator

Why is this effective?

You can communicate a lot of information in a 30-minute meeting

Any questions that your legislator may have can be answered by you right away

Taking the time to set up a meeting with your legislators shows him/her that you truly care about the issue

Advocacy: Meeting with legislators

How do you set up a meeting with your legislator?

The best way to do it is probably to call or email them

Introduce any topics to them that you are interested in discussing

Provide them with context for the discussion in advance

Explain exactly why you would like to meet, and propose possible times

Remember that during the legislative session, your legislator has a busy schedule– meeting with constituents should be an important component of that schedule, but it isn’t the only one and you may have to be flexible on time

During session, your legislator will also be spending most of his or her time in Bismarck, so this may be where you will have to meet with them

Outside of legislative sessions, remember that your legislator may also have a full-time job and many other obligations, so be understanding if they aren’t able to meet with you right away

Advocacy: Meeting with your legislator

Additional notes about meeting with your legislator…

Dress professionally– this will boost your credibility

Bring printouts with any information that you want your legislator to take away from their meeting

Printout may include key figures, historical context of the issue, etc.

Plan out, in advance, the points you would like to discuss– this will maximize the value of the meeting for both you and the legislator

Advocacy: Petitions

Petitions are a great way to capture the opinions of citizens in a tangible form

How it works:

Organizers draft a petition explaining the issue of concern (theh problem) and a proposed course of action (the solution) that signers of the petition are expressing support for

Next, organizers should set a goal for how many signatures they would like to collect

The collection of signatures can take place through a variety of methods

Examples may include tabling at high-traffic areas (such as on college campuses), having a booth at the state fair, or having volunteers walking around at a tailgate

Advocacy: Petitions

The collection of signatures can take place through a variety of methods (continued)

Circulating online petitions

This has been a very popular method for groups to utilize since the birth of the internet

Even the White House has a platform for citizens to create petitions and collect signatures

If a petition reaches an established number of signatures, the White House says they will issue a response

Many free websites exist for citizens to circulate online petitions

Examples include iPetitions (http://www.ipetitions.com/) and Change.org (http://www.change.org/petition)

Online petitions may be easier to organize than print petitions

Easier to reach a large population virtually than in person

An email sent to an organization’s list of supporters, or a link shared on Facebook may amount in the petition receiving a large amount of signatures more quickly than if the petition was circulated in person

http://www.ipetitions.com/

http://www.change.org/petition

Advocacy: Petitions

Once the group has reached their signature goal (or the end of their timeline), they can present the petition to the applicable policymakers

Groups can also share the petition with media outlets to obtain free publicity for their cause, and to boost public awareness

This is an important aspect of the petition process

These type of petitions are not just about collecting signatures

They are also about giving groups an opportunity to talk to citizens about a certain issue and bringing attention to that issue

Advocacy: Letters to the Editor

Flip through your local newspaper until you reach the opinion section and you’re sure to find several letters to the editor covering a variety of topics

Usually, they have to do with some sort of political issue

Some are in regard to an article published by that newspaper

Others may come in response to another letter to the editor that had been previously published in the newspaper

Letters to the editor (LTEs) are a medium for everyday citizens to have their voice heard

What many people do not realize, however, is that plenty of the LTEs appearing on the opinion page of your newspaper may not have been written by the person whose name appears at the bottom


Political parties, candidates, and interest groups all can benefit if they are able to influence the public dialogue

To help steer the conversation, they strive to fill the opinion pages with as much content favorable to their cause as possible

Often, staff members for these groups will draft letters to the editor in various styles and including different content, and then find others to sign the letter and submit it to the newspaper in their name

Why is this beneficial to the group?

They can control the content appearing in the letter

The content is favorable

The message comes through a medium that appears to be “grassroots”, which may have more sway with the general public


What do you include in a Letter to the Editor?

LTEs are short– most newspapers set a limit for submissions in the neighborhood of 250 words– so you need to be very concise with your message

Begin by opening the letter with a basic salutation; if you are referencing an article or letter that ran in a previous issue, be sure to cite it here (title of article, page number, and date)

Get your reader’s attention

If a reader is trying ton flip through the entire newspaper in their 5-minute breakfast before they leave for work, they scan (or entirely skip) most articles

Include something at the beginning of your letter that captures the readers attention

Describe what the subject of the letter is (and why it’s important!) and provide any necessary background/content:

What topic are you writing this letter in regard to?

Why is this topic relevant now as opposed to last month?

Has something happened recently that the reader needs to be made aware of?

What information do you have to share on the subject?



Take a stance on the issue

You aren’t just writing to inform the reader

You are writing in the hopes that you can influence the way they think about a certain issue

Before you can do that, you need to tell the reader how you feel about the issue!

If you are writing to praise or express support for someone/something, do it now

If you are writing to criticize or express opposition to someone/something, do it now!

Remember: whenever you express an opinion, make to explain why your stance is justified

Propose a solution

If you aren’t satisfied with the status quo, then what do you think should be done to improve it?


What do you include in a Letter to the Editor? If you have a professional or general life experience which lends you particular

credibility on the issue you are writing about, be sure to mention it!

This will enhance your ability to share your message

Be sure to add a title to your letter

If you do not add one, they will create one for you!

The more control you can have over your piece, the better

Emphasize: Letters to the Editor are short!

If you go beyond the newspaper’s word limit, they may still run the piece in its entirety. However, it’s also very likely that they will take one of two other routes, neither of which are favorable

1) Not run your piece at all

2) Run your piece, but cut parts of it to make it fit the word limit

They won’t spend time identifying the best place in the piece to make cuts, so this process could damage your piece (it may hurt the “flow” of the piece, it could remove a critical part of your argument, etc.)

Neither of these options is ideal

Takeaway: stay within the word limit



Letters to the editor must have your name on them

Most newspapers will not run anonymous letters to the editor in order to promote the spirit of public debate

If you are going to be provided a platform to make your arguments or attacks, you need to associate your name with them

Where do you send them?

The easiest way to submit a letter to the editor is online, though you can also physically mail in a letter to the editor

Mailing address, applicable email address, or page for online submission can be easily found on the website of most newspapers, or on the opinion page

When do you send them?

If a newspaper decides to run a letter, it will usually appear in the paper within a few days of your submission

Send in your letter while the issue you are writing about is still relevant (if in regard to an article run by the newspaper, submit your letter within just a couple of days)

Advocacy: Summary

Methods covered:

Emails/Letters to policymakers

Meeting with your legislator

Petitions


These are NOT the only ways that an individual or group can advocate for an issue they care about

Many other methods of communicating your message and having influence on the policymaking process exist

Find the methods that work for your organization and take advantage of them

Bringing it back into focus

Not every leader in the nursing community is going to be engaged in the legislative process

That’s ok

The legislature is not the only group tasked with developing the policies that have an impact on our lives

Other examples can range from your local school board to a community foundation

Working through these organizations may allow a leader to make a significant impact

How does this apply to the other content that has been covered in this presentation?


If you have an understanding of how you can make an impact in the legislative process, then you can also make an impact in other areas of policymaking

All of the tools and processes that have been covered can be applied outside of the legislative process

Identifying problems

Crafting solutions

Marketing

Gathering support

Advocacy


As individuals, nurses have the potential to be incredibly influential

Nursing is the most trusted industry in the country

With that trust comes an ability to influence others

If there is an issue that you care about, you have a unique ability to help others understand why they should care about it as well

How do I get involved?


First, what issues are you particularly passionate about?

Examples:

Healthcare

Child safety

Education

Conservation


Next, what kind of groups/government organizations are working the issues that are important to you?

This list may include:

Nonprofits

Community foundations

PTA

School Board

City Council

Labor union


How can I get involved with these groups/local government organizations?

Many organizations, particularly local groups, are always looking for volunteers

If you know somebody in an organization or community group that you are interested in becoming a part of, talk to them about how you can get involved

If you don’t know anybody, ask around!

Find a friend that might know one of the members

Look on their website for a contact-person and make a call!


Everybody has issues that they care about

Everybody has opportunities through which they can make a differences

Every citizen, especially those in the nursing profession, have an obligation to do what they can to make a positive difference

By finding which organizations best align with the issues you care about, you can make that difference

Review: Learning Objectives

At the beginning of the presentation, there were three key learning objectives. They were: Why should nurses be engaged/involved in the policy

process?

How can nurses influence the process?

How can nurses make sure that their voices are heard?


Objective #1: Why should nurses be informed/engaged in the policymaking process? There are issues that you care about, and that you can have an impact on by

getting involved in the process

Nursing is the most trusted profession, and with that trust comes an obligation to bring attention to important issues of concern to the general public

Just because you are not staying informed/engaged in the process, DOES NOT mean that others are not. Another way to put it: if you aren’t trying to make a difference (at any level, ranging from your neighborhood association to the state legislature), somebody else is, but it may not be the difference that you want to see.

“The penalty good men pay for indifference to public affairs is to be ruled by evil men.”


Objective #2: How can nurses influence the process? Raising awareness of important issues

Talk to your friends, family, and peers about the issues

Share news stories on social media

Write letters to the editor about things you care about

Getting involved

Join organizations, volunteer to serve on the boards of organizations you care about, get active with the PTA or your neighborhood association– do something!

Write letters, send emails, or make calls to your legislator when relevant issues come up

Meet with your legislator and lobby them on the issues you care about

VOTE!


Objective #3: How can nurses make sure that their voices are heard? If you speak, your voice will be heard!

Remember all of the different ways you can communicate your message

Letters & emails

Phone calls

Social media


Newsletters

Get other people involved!

Your friends and family probably have similar values to you– that means that they likely care about the same issues you care about

Share information with them, and get them engaged too!

Two voices is louder than one (the more voices, the stronger the message)

more ways to make a difference north dakota action coalition: health policy & advocacy group

Documents

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