Points to Consider

• What is the legislative process in your city or state?
• Do you have sufficient resources and capacity?
• Is this the right time?
• Do you want to hire a professional lobbyist?
• Red flags
• What else do you need to know?

What is the legislative process in your city or state? back to top

Before you dive into the legislative process, you should know how it works. How are ordinances and bills drafted and introduced? What committees, if any, do they have to clear? When is public testimony permitted? How and where does the budget process fit in? When and where are ordinances and bills signed into law? City council rules are different from those of the state legislature, which are different from those of the federal government, although there are similarities.

In addition to the procedures, try to understand the politics and potential pitfalls of each phase of the legislative process. When should you be on the lookout for amendments? Where can your ordinance or bill get stuck in limbo or die? At what point might your legislative sponsor trade your ordinance or bill for another one with a higher priority?

You can get some of this information on the Internet, at your local library, at government offices- such as the clerk’s office of the city council or state legislature-or from nonprofit organizations that support civic participation, such as the League of Women Voters and Common Cause. Some of it you will need to learn from others who have lobbying experience. Often, you will have to learn as you go. Find out as much as you can in advance so that you can anticipate challenges and develop a plan for addressing them.

In California, most other states, and some cities, you can find most of what you need to know about the legislative and budget processes on the Internet. California resources include websites, such as the Office of the Chief Clerk of the California State Assembly at http://www.assembly.ca.gov/clerk/BILLSLEGISLATURE/LEGPROCESS.HTM; Dollars and Democracy: An Advocate’s Guide to the California State Budget Process from the California Budget Project, available at http://www.cbp.org/order.htm; The Legislative Process: A Citizen’s Guide to Participation and The Budget Process: A Citizen’s Guide to Participation by the League of Women Voters, available at http://ca.lwv.org/lwvc/edfund/govtinfo/state.html).
For information on the legislative process in Congress, see How Congress Works: A Handbook on Congressional Organization and the Legislative Process by Marlowe & Company, available at http://www.netlobby.com/resources.htm.

Do you have sufficient resources and capacity? back to top

The level of resources you need depends upon the role you intend to play. Will you be leading the charge, or will you be supporting another organization that’s taking the lead? If this is your first time participating in the legislative process, you may want to have another organization (if one exists) lead the effort from beginning to end, but play a close supporting role so you can gain experience. If you are taking the lead, you will need to devote a staff person to keep the ordinance or bill moving forward (or the effort to defeat your opponent’s legislation), keep partners and allies informed and engaged, and support legislative sponsors. Many organizations use existing staff or dedicated volunteers to lobby, people who already have knowledge and experience or whom they train. Some groups hire full-time or part-time staff or consultants to increase their lobbying capacity. In addition to your staff you will need to consider: who will join your efforts? What resources will they bring? What constituencies and how many constituents can they mobilize?

Is this the right time? back to top

If you are lobbying defensively-opposing bad legislation-there usually is no right time. You have to make a choice whether to enter the fray. Consider: is there another organization that can take the lead or take on tasks? Do you have confidence in that organization’s ability? How central is this issue to your work? How harmful will it be if the legislation passes? Can you gather the resources and galvanize the public support you need to build meaningful opposition?

If you are thinking about proactively seeking legislation, consider not only your resources and capacity to move legislation but also: what level of public support can you realistically count on? Who will your opponents be? How powerful are they? How much political will is already present, and how much can you build? Public support is essential to persuade legislators to vote for an important bill or ordinance, especially if there is opposition.

Do you want to hire a professional lobbyist? back to top

You do not need a professional lobbyist to pass legislation; anyone can lobby. However, organizations sometimes hire a lobbyist because they lack the in-house capacity or they want to leverage the lobbyist’s contacts and get advice on strategy and tactics. If you are considering hiring a lobbyist, make sure you find out his or her reputation and any conflicting interests she or he may have. Find out whether the lobbyist or his or firm works for any individuals or groups that may be on the other side. Probe deeply since some lobbyists will try to minimize any potential conflicts. If such conflicts exist, they will surface later and might lead to the lobbyist having to withdraw at a crucial point in the legislative process. Treat the lobbyist like a consultant: stay in the driver’s seat, be clear about what you are trying to achieve, and make sure she or he keeps you informed. Don’t completely abdicate the role: show up at strategic moments to communicate with legislators or to testify at hearings. Also find out whether another advocacy organization with a similar mission already has a lobbyist on staff with whom you could work to support or oppose legislation.

Red flags back to top

Pay attention to legislation introduced by others that you may want to support or oppose. You may find that another organization is already working on passing needed legislation or trying to stop harmful legislation. If so, you should support those efforts.

Exercise caution with compromise. Compromise is part of the legislative process. The way an ordinance or a bill begins is hardly ever the way it ends. This means you should start with a version that leaves room to give up some provisions and still end up with one that achieves something meaningful despite your concessions. Decide with your coalition on your bottom line. Sometimes it will be out of your control, and the result will be unsatisfactory. You may even find that your legislator compromises your ordinance or bill over your objection. In that case, you will have to decide whether to oppose the ordinance or bill you once advocated if it is still moving through the legislative process.

Be mindful of funding. What resources are required to implement your legislation? Where will the funds come from (e.g., new taxes, bonds, fees, redirection of existing monies, other sources)? Will the funding be sustainable year after year? Identify and advocate for funding, but don’t lose heart if the immediate source of funding is not immediately apparent: anything can happen if there is strong public and political support for change.

What else do you need to know? back to top

Be absolutely clear about tax rules on lobbying limits. Nonprofits can lobby elected officials and the public, as long as it is not a significant part of the work that they do. Make sure you understand the rules before you engage in any lobbying so that you do not exceed your limits and you comply with any reporting, disclosure, and documentation requirements. That way, you can lobby to the fullest extent permitted by law without crossing any line, especially the ones that might cost you your nonprofit status if you do so. A number of publications and organizations provide detailed information on nonprofit lobbying. A recommended place to start is the Alliance for Justice. Visit its website at http://www.allianceforjustice.org/nonprofit/index.html or call 202-822-6070.

Learn more about lobbying generally. There are numerous resources on the Internet and at your local library to walk you through the legislative process and provide sample letters and testimony and additional tips and tactics. For starters, take a look at Learning to Lobby: Steps to Successful Legislative Advocacy on the PolicyLink website at www.policylink.org/publications.html; The Nonprofit Lobbying Guide, available on Charity Lobbying in the Public Interest’s website at http://www.clpi.org/publications/49-the-nonprofit-lobbying-guide-second-edition-by-bob-smucker-; and How-and why-to influence Public Policy: An Action Guide for Community Organizations, http://www.communitychange.org/publications/pubpolicy.htm.