Lobbying/Advocacy Techniques

In the past, we have all been confronted with incidents when legislation has been proposed and on some occasions passed without our knowledge. When the legislative activity is almost completed it is too late to build a solid grass roots lobbying campaign and, therefore, we as individuals and/or organizations have responded by attempting to block the legislation at the last minute.

The time has passed when this can be our primary means of influencing legislation. It is important that we begin to assess our real strengths, develop appropriate means for deploying our forces and determine long range plans for what will be in our best interest.
The following guide is presented to assist you in understanding the legislative process and to concretely develop sophisticated grass roots lobbying or advocacy strategies on a regional level.

I. The Basics

It is necessary to know who you represent. Are you an individual, a local or regional organization? You must have a clear sense of your own image and purpose if you are to convey your concerns in a convincing and professional manner.

If you represent an organization, you must know your numbers. How many people do you really represent and do you have a mandate to represent them? Whenever possible, work through a group or coalition. Numbers count.

II. Problem Identification

The next step is to identify the problem and the proponent of the bill.

• Who is behind the legislation being proposed and why?

• Who are the other powers involved (i.e., labor, the bar, the insurance industry, or other professional organizations)?

• Do you have a clear statement as to the intent of the bill?

• Have you identified the specific repercussions of the legislation if passed?

• Have you sought advice from other organizations that may be familiar with similar types of legislation?

• Are you ready to take a position and react in a positive manner?

III. Implementation of Political Action Decision

• You should have available a complete listing of all legislators (parliamentarians, senators, congresspersons) including their committee assignments and the districts they represent.

• Get to know the staff persons for key legislators. Often, due to the busy schedules of legislators, you are more likely to be able to meet with the staff persons than the legislators themselves. Staff persons can be powerful allies. Treat them with respect.

• Each legislator should hear from their own constituents. They will be much more responsive to the concerns of those individuals who actually reside in their legislative district.

• When writing about a specific act/bill, the first paragraph should refer to the number of the bill, and contain a clear statement of your position, either in favor or against the bill.

• Use your own words, avoid the appearance of a form letter and make the letter only one page long.

• If you are responsible for initiating the activity for a large group of concerned individuals, provide each individual with a prototype letter they could refer to along with any other information you may have, including the bill's repercussions.

• A courteous and reasonable letter that requests a response from a legislator is the ideal.

IV. Educate Legislators

Make a list of members that are in key positions and committees and then have your members visit them in their districts. It is important to see them in their district, if at all possible. They will have more time to talk with you, react to your concerns and be more open to actively listening to what you are saying. If you are representing an organization, it is critical that all members contacting legislators take the same position. You should design an outline of information which should be presented at each of these meetings and that outline should be adhered to strictly. It is damaging when different members of the same organization tell legislators different stories. It undermines the credibility of the group as a whole. The easiest out for a legislator is to say that "the people just don't agree; I don't know what they really want"

V. If a Crisis Arises

Call your legislator immediately. This will buy time; for you and your organization until your network of interested parties can become involved.

VI. Enlist Cooperation

Key members of other organizations can help support or defeat legislation that will likewise affect the persons they represent.
When a politically sensitive bill or amendment is introduced, you must know what other parties might support or resist such a change, and, as such, to whom you might look as a potential ally. Once identified, you should also attempt to get on the newsletter mailing list of these various special interest groups.

VII. Appear at All Hearings

Amendments to the proposed bill may crop up; they should be heard and clearly understood. An apparently simple amendment can change the intent and outcome of a bill and therefore change your position on the legislation.

VIII. Prepare Testimony
The legislature can be advised as to your position.

• Survey the literature prior to writing your testimony. Consult others who have expertise on the subject matter. Study the literature and know your subject.

• Write the testimony providing opinions supported by factual data and write in simple English. Stay with the issue.

• Remember that legislators usually do not have the time to do their own research. Try to help by having available objective data relating directly to the proposals at hand. (Supplemental material maybe attached to the testimony).

• After you have finished writing our your statement, put it aside and draft a 2 or 3 page summary-type statement and highlight the most important points. Use this for your actual testimony and submit the other for the record.

• Present your testimony, time allowing, before authorities in the field for their reactions prior to giving testimony. This should allow for constructive criticism, for revisions or for modifications, if necessary. You may want to role play the hearing for practice.

• Time your testimony to insure that you remain within the time allotted for your testimony.

• Know something about the legislators on the committee before which you will appear. By all means, know their names. Also know the functions of the committees.

• A pre-hearing briefing on last minute details should take place prior to testimony to insure all things are in order.

• Give sufficient good quality copies of your testimony to the committee chairperson in advance of your presentation.

IX. Presentation of Testimony

• Be presentable, that is, professional and moderate in appearance and dress.

• Address your comments and attention to committee members and not the audience. Address committee members by name, especially the chairperson.

• In your introduction, identify yourself and your area of expertise and the organization(s) you represent; cite importance of the issue; thank committee for allowing you the opportunity to present your remarks.

• Ask that your written statement, and attached documents, be included in the record.

• Talk, do not read, if at all possible. Speak loud enough to be heard.

• Do not waste time. Why is the proposal good or bad? What does it do? What are the fiscal implications? Where is the money to come from? Go to the heart of the matter at once.

• Be aware of what others have already testified to and do not repeat old data.

• Avoid substantial deviation from the subject unless absolutely unavoidable.

• Do not be antagonistic. Avoid inflammatory comments, criticizing the committee or its members. Avoid holier than thou attitudes.

• Close testimony with a very brief summary and offer to respond to any questions the committee may have.

X. Questions, Debriefing and Follow-up

• Be prepared for questions -- try to anticipate those likely to be asked and prepare accordingly.

• Have a thorough knowledge of the purpose, structure, and services of your organization.

• Do not be evasive in answering questions. Give direct and brief responses when you can. If you cannot answer, say so. Offer to look into the question and submit a statement at a later date.

• Thank the committee for allowing the presentation of your remarks and indicate that you would be happy to be available for future consultation.

• Bring an adequate supply of your remarks along for distribution to members of the committee.

• After you testify, remain in the hearing room for at least a few minutes so that you may answer any inquires.

• A debriefing session should follow hearings for assessing the impact and effectiveness of the testimony.

• Follow-up activities should be charted. Contact should be maintained with committee staff aides to follow the bill or issue.

Communicating with Legislators

It is estimated that less than ten percent of all voters will write to members of the legislature in their lifetime. Yet as issues become more complex, lawmakers do not have time to seek out the opinions of their constituents on every issue and increasingly value this unsolicited input.

In writing your letter, remember these points:

• Keep it short and to the point. Time is valuable and a concise letter will get better attention.

• Be specific and factual. At the top of the letter, identify your topic: Regarding bill No. ____, sponsor, title.

• Do not be insulting, intimidating or threatening. Don't try to lecture your legislator. Just give him or her the facts and your honest opinion.

• Back your stand with sound reasoning. If you are knowledgeable about an issue, give the legislator the information on which you are basing your opinion. If you have particular insight into a problem, make sure your present it logically.

• Use your own language. Several hundred identical letters can produce a curiously negative effect. The impact comes for the legislator knowing you care.

• Write correctly. Take time to check spelling, punctuation and meaning to the best of your ability. It is often a good idea to let someone else check your letters for typos and mistakes.

• Write or print legibly. A typewriter isn't necessary.

• Don't write on every issue. It may lessen your letter's impact on an important issue.

• Compliment your legislators when they work or vote for a piece of legislation important to you. Remember, they are human and appreciate.

• Address your letter correctly, using appropriate titles. You can close all letters with "respectfully" and your signature.

Practical Considerations in Working with Legislators

Developing your Position

• Involve as many as possible from within your interest group when developing your position or legislative program.

• Seek universal agreement and support from within your ranks. Work to maximize areas of agreement and minimize areas of disagreement.

• Develop concise position papers on your most important issues. Be specific in outlining the nature of the problem and the proposed solution. Document facts when possible and attempt to use third parties and other highly respected sources when citing relevant information. Be sure all of your information is accurate.

• Seek input and agreement from those regional agencies and other bodies which will later be called upon by lawmakers for views and information.

• Build a coalition among organized groups which have reason to share your concerns and views.

• Identify your strengths and express them in the most meaningful terms possible.

• Keep updated on pending legislation which may strengthen or hamper your efforts.

• Create awareness of your position or program among your grass-roots membership and the public via news articles and newsletters.

• Prioritize items on your legislative program.

Communicating your Position

• Develop a mutual acquaintance with your lawmakers.

• Become familiar with the personal interests and concerns of a given lawmaker prior to formal contact.

• Understand the effect and limitations of various means of contact and use the method which best meets the situation (meetings, telephone calls, letters, telegrams, petitions, etc.).

• Develop a timetable for action which recognizes and interfaces with the time-table of the legislature.

• Face-to-face visits with lawmakers in their home districts are very effective.

• Don't expect to have a substantive meeting with a legislator, particularly in the capital, during a legislative session, unless you have an appointment. Even then, understand that they may be delayed by developments beyond their control.

• Identify the reason for your meeting in advance. This will allow the lawmakers and staff an opportunity to be better prepared.

• Avoid asking your lawmakers to meet several times on the same subject with different people from your interest group. Include all those appropriate in a single meeting, but avoid a crowd.

• Identify and use your most knowledgeable and articulate spokespersons.

• Be polite, but firm and avoid confrontations.

• Seek a specific commitment but do not necessarily interpret a lawmaker's unwillingness to make a specific commitment as opposition to your position. A lawmaker may have legitimate reasons for hesitation, none of which may be related to opposition (e.g., the need to discuss the issue with other involved groups).

• Keep the door open for future contact if a particular lawmaker appears to be opposed to your views. A lawmaker may change positions after learning more facts.

• Do not discount the value of meeting with legislative staff, particularly if it is impossible for you to visit with the lawmaker.
Follow-up. Letters of appreciation and/or summarization should follow meetings or other verbal discussions. If you were asked to provide additional information, do so promptly. When you write, be sincere. Say what you want in your own words. Don't copy a form letter and avoid covering several issues in a single letter.

Other

• Study the power structure of the legislature. Recognize the composition, role and powers of the majority and minority parties in the legislature and understand that politics are an integral part of governing.

• Identify legislative leadership which is important to your concerns. When it is necessary or appropriate to communicate with these individuals, your own regional lawmakers should be made aware of your efforts.

• Commend lawmakers for a favorable vote or response. A note or telephone call is effective.

• If indicating displeasure to your lawmakers, be constructive and suggest alternatives. Avoid personal attacks.

• Recognize that compromise is often an essential ingredient of the lawmaking process.

• Understand the role of legislative staff and the functions of central staff versus a lawmaker's personal staff.

• Keep your group's central lobbyist informed of your work and results.

• Personal visits and written communications with lawmakers and staff must be planned as part of a continuing year-long dialogue. Contacts over a period of time are more effective than visiting only when a bill is coming up for a final vote.