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Health Policy:
Making a Difference In Your
Profession Through Advocacy
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.merriamwebster.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
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 conclude 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
Apportionment & Terms
Federal level– outlined in the U.S. Constitution
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
Apportionment & Terms
Federal level– outlined in the U.S. Constitution
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
Apportionment & Terms
Federal level– outlined in the U.S. Constitution
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
How it works…
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
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
Policies apply only to cities themselves
School Board, Park Board, etc.
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
Per the Constitution of North Dakota, most bills passed by the Legislative Assembly go into effect on August
1st after being filed with the Secretary of State.
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
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
consensus 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
Campaigns & Elections
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.cspan.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
Campaigns & Elections
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
Campaigns & Elections
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 defeat in the
general election more easily
Most of the time in North Dakota, primary elections are a formality (That is,
the majority of races are not contested by multiple candidates)
Campaigns & Elections
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
Campaigns & Elections
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 by 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
Campaigns & Elections
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:
https://vip.sos.nd.gov/pdfs/Portals/electioncalendar.pdf
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 revaluated 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-finalreports/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
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 ensure 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.”
http://www.legis.nd.gov/general-information
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/general-information
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 two seats 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/constit/a02.pdf?20140221203528
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/20132022/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 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!
The Legislature
First, open up your internet browser and visit the website
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/632013/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 better 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?
The Lawmaking Process
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?
The Lawmaking Process
Who would make good partners in this effort?
Are there any interest groups that have a similar goal?
Individual Legislators?
Political Parties?
The Lawmaking Process
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?
The Lawmaking Process
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?
The Lawmaking Process
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?
The Lawmaking Process
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
The Lawmaking Process
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
A 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
The Lawmaking Process
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
The Lawmaking Process
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
The Lawmaking Process
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 impractical 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
The Lawmaking Process
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
The Lawmaking Process
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
The Lawmaking Process
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
The Lawmaking Process
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
The Lawmaking Process
What Committees are there?
A wide variety…
House
Senate
Standing Committees
Standing Committees
Agriculture
Appropriations
Appropriations- Education and
Environmental Division
Appropriations- Government
Operations Division
Appropriations- Human
Resources Division
Education
Energy and Natural Resources
Finance and Taxation
Government and Veterans
Affairs
Human Services
Industry, Business and Labor
Judiciary
Political Subdivisions
Agriculture
Appropriations
Education
Finance and Taxation
Government and Veterans Affairs
Human Services
Industry, Business, and Labor
Judiciary
Natural Resources
Political Subdivisions
Transportation
The Lawmaking Process
What committees are there? (continued)
House Procedural Committees
Arrangements for House
Committee Rooms
Committees
Correction and Revision of the
Journal
Delayed Bills
Employment
Inaugural Planning
Rules
Senate Procedural Committees
Arrangement for Senate
Committee Rooms
Committees
Correction and Revision of the
Journal
Delayed Bills
Employment
Inaugural Planning
Rules
The Lawmaking Process
What committees are there? (continued)
Interim Committees
Administrative Rules Committee
Advisory Commission on Intergovernmental Relations
Agriculture Committee
Budget Section
Commission on Alternatives to Incarceration
Economic Impact Committee
Education Funding Committee
Employee Benefits Programs Committee
Energy Development and Transmission Committee
Government Finance Committee
Government Services Committee
Health Care Reform Review Committee
Health Services Committee
Higher Education Funding Committee
Human Services Committee
Information Technology Committee
Judiciary Committee
Legacy and Budget Stabilization Fund Advisory Board
Legislative Audit and Fiscal Review Committee
Legislative Management
Legislative Procedure and Arrangements Committee
Taxation Committee
Tribal and State Relations Committee
Water Topics Overview Committee
Workers’ Compensation Review Committee
The Lawmaking Process
What committees are there? (continued)
North Dakota Statutory Committees
Advisory Committee on Sustainable Agriculture
Airplane Replacement Advisory Committee
Capitol Grounds Planning Commission
Child Support Guidelines Drafting Advisory Committee
Commission on Legal Counsel for Indigents
Commission on Uniform State Laws
Committee on Protection and Advocacy
Comprehensive Health Association of North Dakota Board
Court Facilities Improvement Advisory Committee
Crop Protection Product Harmonization and Registration Board
Devils Lake Outlet Management Advisory Committee
Education Commission of the States
Emergency Commission
Health Information Technology Advisory Committee
Higher Education Grant Review Committee
Legacy and Budget Stabilization Fund Advisory Board
Midwest Interstate Passenger Rail Compact Commission
Midwestern Higher Education Commission
Multistate Highway Transportation Agreement Cooperating
Committee
National Conference of Insurance Legislators
North Dakota Early Childhood Education Council
North Dakota Lottery Advisory Commission
School of Medicine and Health Sciences Advisory Council
Special Road Committee
State Board of Agricultural Research and Education
State Council for Interstate Adult Offender Supervision
State Council for Interstate Juvenile Supervision
State Council on Educational Opportunity for Military Children
State Employees Compensation Commission
State Hospital Governing Body
State Information Technology Advisory Committee
Statewide Longitudinal Data System Committee
Streamlined Sales Tax Governing Board
Streamlined Sales Tax State and Local Advisory Council
Veterinary Medical Education Program Admissions Committee
Yellowstone-Missouri Rivers Confluence Commission
Source: http://www.legis.nd.gov/assembly/63-2013/committees
The Lawmaking Process
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 educational
The Lawmaking Process
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
The Lawmaking Process
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
The Lawmaking Process
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)
http://www.legis.nd.gov/research-center/library/legislative-branch-function-andprocess
The Lawmaking Process
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)
The Lawmaking Process
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
The Lawmaking Process
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)
The Lawmaking Process
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
http://www.legis.nd.gov/research-center/library/legislative-branch-function-andprocess
The Lawmaking Process
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
The Lawmaking Process
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)
The Lawmaking Process
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
http://www.legis.nd.gov/legislative-management
The Lawmaking Process
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.”
“How to Testify Before a North Dakota
Legislative Committee”
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!”
“How to Testify Before a North Dakota
Legislative Committee”
Continued (Source: http://www.legis.nd.gov/general-information ):
“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.”
“How to Testify Before a North Dakota
Legislative Committee”
Continued (Source: http://www.legis.nd.gov/general-information ):
“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.””
“How to Testify Before a North Dakota
Legislative Committee”
Continued (Source: http://www.legis.nd.gov/general-information ):
“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.”
“How to Testify Before a North Dakota
Legislative Committee”
Continued (Source: http://www.legis.nd.gov/general-information ):
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
Selecting sponsors
Who did they choose to sponsor the bill? Why? What steps were involved in the
process?
Introduction
Who was involved in writing the example bill?
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?
Strategy– Determining Your Volume
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?
Strategy– Determining Your Volume
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
Strategy– Determining Your Volume
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?
How is the law enforced?
To minimize the amount of injuries and fatalities caused by automobile accidents by mandating the
use of seatbelts
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 only 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?
Strategy– Determining Your Volume
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
Strategy– Determining Your Volume
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
Strategy– Determining Your Volume
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)
Strategy– Determining Your Volume
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 “letterwriting campaign”
Advocacy: Emails/letters to
policymakers
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
Advocacy: Emails/letters to
policymakers
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
Advocacy: Emails/letters to
policymakers
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 the
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
Advocacy: Emails/letters to
policymakers
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
Advocacy: Emails/letters to
policymakers
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 then 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
Advocacy: Emails/letters to
policymakers
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
Advocacy: Emails/letters to
policymakers
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
Advocacy: Emails/letters to
policymakers
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 fulltime 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 the 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 (the 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
Many free websites exist for citizens to circulate online petitions
If a petition reaches an established number of signatures, the White House says they will issue a
response
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
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 with 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
Advocacy: Letters to the Editor
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
Advocacy: Letters to the Editor
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
Authors may 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 to 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 reader’s 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?
Advocacy: Letters to the Editor
What do you include in a Letter to the Editor?
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?
Advocacy: Letters to the Editor
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
Emphasis: 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
Advocacy: Letters to the Editor
What do you include in a Letter to the Editor?
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
Letters to the editor
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?
Bringing it back into focus
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
Bringing it back into focus
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?
Bringing it back into focus
First, what issues are you particularly passionate about?
Examples:
Healthcare
Child safety
Education
Conservation
Bringing it back into focus
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
Bringing it back into focus
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!
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?
Review: Learning Objectives
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 punishment wise men suffer for indifference to public affairs is to be ruled by
unwise men.”
Review: Learning Objectives
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!
Review: Learning Objectives
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
Letters to the editor
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)