State Lobbying

The following is excerpted from the 12-hour seminar. More at www.lobbyschool.com.

The Campaign Method

Theme – organization, planning, discipline and execution lead to greater success“Tool Box” – methods, checklists, how-to skills, and strategiesWorks in all statesResults - improved probabilities of getting what you need from state government

Campaign Method Overview – Legislative

Lobbying: what, why, who, where, whenEffective lobbyingAssessing and increasing political strengthBuilding lobbying campaign infrastructureCrafting bills and supporting materials

Campaign Method Overview (cont’d)

Working with legislative staffUsing legislative procedureCommittees and caucusesCommittee testimonyComplying with state ethics law and rules

Campaign Method Overview – (cont’d)

Making campaign contributionsGaining special interest supportNegotiating for consensusHiring and working with contract lobbyistsMotivating lawmakers


Getting and keeping lawmakers’ votesActions after committee of 1st referenceLobbying your bill into law


Next step:Give “feet” to your statute, structure how your

law will actually affect your daily life, make law into reality through agency rulemaking.

Campaign Method Overview – Executive

Constitutional and political foundationsof US executive agencies and lawAgency ideal and structureAgency legal powers and limitsPlanning for agency advocacyFace-to-face with agency decision makers


Rule development and adoptionResponding to promulgated agency rule

• administrative appeal• judicial appeal• legislative appeal

Similarities and differences between legislative and executive agency lobbying


Similarities between legislative and executive agency lobbying, for example− drafting supporting materials− coalitions− inter-interest group negotiations

Differences between legislative and executive agency lobbying, for example agency lobbying− technically driven− importance of experts− less politics

LobbyingWhat, Why, Who, Where and When

Lobbying is

A logical process requiring• Planning• Organization• Execution• Campaign Method for More Effective

State Government Affairs• Guide to State Legislative Lobbying• Governed by a body of law and etiquette

“I can say that the Guideand the seminar experience are essential tools for both beginning and experienced government relations pro-fessionals.”Vito G. GalloAssist. V.P., State RelationsLehigh University (PA)

“Mr. Guyer's clear structure and methodology for an effective lobbying campaign added to my own effective-ness with the legislature contributing to me being ranked one of the five best lobbyists in the state of Florida.”Desinda Wood CarperSenior Legislative AdvocateFlorida League of Cities

Lobbying is not

A rational process. It can be:• Petty• Arbitrary and capricious• Designed for political solutions• Bad laws are passed all the time

The system is to be political

The framers designed a system to implement the will of the majority, while protecting the

rights of the minority.


Parliament has an office...to be at once the nation's Committee of Grievances, and its Congress of Opinions.John Stuart Mill


Publius rejects as merely visionary any plan for civil government that depends upon reforming human nature for the purpose of eliminating factions and making all citizens devoted to the common good.

Scott R. Stripling, The Founders' View of Character and the Presidencyhttp://www.leaderu.com/humanities/foundersview.html

James Madison

Typically “Lobbying” means…

(a) Appear[ing] in person in the legislative building or any other building in which the Legislature or any of its standing committees hold meetings; and(b) Communicat[ing] directly with a member of the Legislative Branch on behalf of someone other than himself to influence legislative action whether or not any compensation is received for the communication.Derived from NRS 218.912 “Lobbyist” defined

Typically “Lobbying” means…

• … attempting to influence the passage or defeat of any legislation by directly communicating with any legislator…AZ 41-1231. Definitions

• communicate … with any elective state official, agency official, or legislative official for the purpose of influencinglegislative or administrative action. Derived from CA Government Code Section 82039

Lobbying is a fundamental US right

“Congress shall make no law… abridging the right of the people to… petition the

government for a redress of grievances.”First amendment US Bill of Rights

What if citizens don’t lobby?

If once (the People) become inattentive to the public affairs... I, and Congress, and Assemblies, Judgesand Governors shall all become wolves.Thomas Jefferson

Why lobby legislatures?

Neither liberty nor property is safe when the legislature is in session.Edmund Burke (1729-1797)British statesman and oratorNote: similar statements are attributed to Mark Twain and H. L. Mencken

Why lobby executive agencies?

The execution of laws is more important than the making of them.

Thomas Jefferson

Why lobby executive agencies?

In other words:What the legislature giveth an executive agency

can taketh away and what the legislaturewouldn’t give an executive agency might.

Why lobby?

For most practical purposes, the General Assembly can do anything it wants, to

you or for you!

Agencies can do almost anything they want to you.

Lobby the legislature to

1. Gain better laws2. Protect favorable laws3. Repeal unfavorable laws4. Stop adverse proposals for laws (bills)5. Instruct courts and the executive as to

public policy in the state

Abrogation of Case Law

It is the intent of the Legislature to reject and abrogate earlier case law interpretations on the meaning of or definition of "accident", "occupational disease", "arising out of", and "in the course of the employment". It is also the intent of the legislature to reject and abrogate earlier case law interpretations on the meaning of or definition of "owner".MO SB1 2005

Lobby legislature to (cont’d)

6. Affect state executive agencies7. Build momentum among states8. Build momentum to affect Congress

Who can lobby legislatures?

1. Organizations for religious worship and private foundations banned

2. 501(c)(3) IRC limited to budget per cent3. 501(c)(4-12) IRC unlimited when

advancing organization’s tax-exempt purpose

4. Individual (corporate/natural)

Who do we lobby?1. Special interest groups2. Legislative staff3. Executive agencies4. Legislators5. Governor

Who do we lobby (cont’d)

6. Electronic media7. Press8. General public

Where do we lobby?• Capital• Capitol• Lawmakers’ districts• Social context• Business context• Wherever we find opportunity

When do we lobby?

• Pre-regular session• Regular session

–early–late

• Special session• Interim

When is the best time to lobby?

The best time to lobby is when you don’t need anything !!

Effective Lobbying

Effective lobbying defined

Effective lobbying v. tr., the act or process of getting a lawmaker to vote your way;

as contrasted with slaps on the back, handshakes, encouraging words, smiles, and other similar

common forms of political smoke and inaction.

Effective state lobbyingRequires knowing

1.Lawmakers are not there for you2.You are there for them3.Lawmakers are your “customers”4.Each customer’s unique set of needs5.How to meet those needs6.Customers buy to meet their needs,

not your needs

4 keys to effective lobbying

1. Campaign based2. Established on trust3. Education centered4. Constituent driven

1. Campaign based

1. Series2. Aggressive planned activities3. Maximize chances of “making the sale”

2. Established on trustTrust is supported by 3 legs

1.Honesty2.Accuracy3.Credibility

• know what influences targeted lawmaker• familiar with formal processes• abide by the rules

Rules

Legislatures work on 3 sets of rules1.Written2.Unwritten3.Unwritten and unspoken

3. Education centered

Educate lawmakers about1.Yourself2.Your association3.Your issues4.Need for your bill5.Technical foundations

Education centered (cont’d)

6. Legal foundations7. Politics surrounding your issue8. How your idea is good for

• lawmaker• district• state

4. Constituent Driven

1. Lawmaker’s first concern2. Elect legislators to serve 3. “Un-elect” those who don’t serve4. Have relationships with legislators5. Have relationships with others who

have relationships with lawmakers6. In-district first, then out-of-district

Constituency

“Getting a lawmaker's vote is 10% access and 90% heat.”Col. Gayle GardnerHI State PresidentEagle Forum

Using the power of constituency –grassroots - is the foundation of the

Campaign Method.

“The voter is always right.”Lt. Gov. Ron Ramsey to TN Lobbyists Association

September 14, 2009

Ranking of lobbying influences

1. Spontaneous constituent letters2. Telephone calls from constituents6. Visits from constituents7. Articles in district dailies11. Orchestrated constituent mail19. Visits from lobbyists28. Visits from D.C. representatives

American University, 1981

0

20

40

60

Percent of Congressional offices stating thate-mail from outside the district is of ________ importance compared to e-mail from district

less no same more

Bonner and Associates/American University (1999)

When citizens attempt to contact other Members than their own, these

messages are usually forwarded to the appropriate Member or are ignored

because offices do not have the resources to answer non-constituents.

Communicating with Congress Recommendations for Improving the Democratic Dialogue

Congressional Management Foundation (2008) at 18

Congressional e-mail contact model

• 82% of those contacting Congress did so at request of 3rd party interest group

• Email often suspect as fraudulent or “spam”• Emails are “batched” into summaries on

basis of senders’ contact information• More than one email per topic is wasted• Faxes are least influential form of contact

due to labor to enter into batch formatId.

Model email template page 19

Constituents

The mode of communication to lawmakers is less important than the constituency of

the communicator.

Constituents

Non-constituents “need not apply.”

Guyer’s influence rankings

1. Individuals close to the lawmaker2. Affected constituent supporters3. Unaffected constituent supporters4. Constituents, potential supporters5. Persons who employ constituents

Influence rankings (cont’d)

6. Friendly fellow lawmakers7. Legislative aides and staff8. Friendly special interests9. Chamber party leadership10.Governor


11.Executive agencies12.Media – print and electronic13.Non contributing constituents14.Contributing non constituents15.Affected non constituents


16.Contract lobbyists17.Unfriendly lawmakers18.Non contributing non-constituents19.Regularly unfriendly groups20.Unaffected non-contributing

non-constituents

Move up the rankings

Examine your rankings and ask yourself• Where do I rank?• What can I do to improve my own ranking?• Who with a higher ranking can I ally for

greater influence with lawmaker?

Assessing and

IncreasingPolitical

Strength

“Charity” Illinois Statehouse

Why assess political strength?

1. Gain credibility with special interests2. Build credibility with legislature3. Keep legislature’s short attention span4. Conserve political capital5. Maximize + increase member motivation6. Husband resources – money, time, etc.7. Defend against unfavorable amendment

What if I don’t assess strength?

You may end up worse off thanif you never went to the legislature at all!

Documents

State Lobbying