USCFL - The Art of Lobbying

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Article:	The Art of Lobbying
Author:	USCFL Task Force
Date:	November 2002

With the increasing activism being undertaken by Lebanese Americans nationwide, we thought this would be of help to standardize the process and to make sure our collective message gets across the "power brokers" in the nation's capital in the most effective way.

WHAT IS LOBBYING?

Webster's New Collegiate Dictionary defines the verb:" to lobby" in this way: "to conduct activities aimed at influencing public officials and especially members of a legislative body on legislation; to promote or secure the passage of legislation by influencing public officials; to attempt to influence or sway a public official toward a desired action." Therefore, lobbying is the advocacy group's attempt to promote or secure passage of their legislative objectives by the legislature.

WHAT IS A LOBBYIST?

A lobbyist is any person who discusses issues with a member of the Legislature in the hope of influencing the legislative proceedings. Therefore, any citizen or member of any organization who discusses a legislative agenda with a legislator could be considered a lobbyist.

WHY IS LOBBYING NECESSARY?

Often and unfortunately, decision-makers do not have direct access to information on how a particular proposal might affect an issue, such as the education of our youth in their island schools or the school employees who work in these schools. That's our job as advocates – to educate those elected officials who will be making these decisions to make certain that they have the necessary information to make the best decisions possible.

THE NATURE OF LOBBYING

The lobbying process, an extension of the right to be heard and an exercise in democracy, reflects the heart of our American system. Lobbying, a greater degree than most, depends on common sense and luck – a description that perhaps explains its engrossing attractions.

Some legislators prefer that the attention bestowed on them be varied: campaign funds, incidentals such as mailing lists, hosting friends, providing entree to persons and places – all manner of things small and not so small. Loyalty to legislators who support you is essential. It should and can legitimately be translated into endorsements, fund-raising, voter turnout, etc.

Be careful. You will do little for your cause or that of the legislator if you misunderstand the proper limits of support. You are always free to say no to a request you judge to be unlawful, improper, or subject to misinterpretation or misunderstanding. When in doubt, refrain.

THE IMPORTANCE OF INTEGRITY

Integrity and professionalism are the cornerstones of all fruitful legislative activity. There is no place where a person's word is more important, and no place where personal integrity is more relied upon and more appreciated than in the Legislature.

GETTING A PERSPECTIVE ON LOBBYING

Many lobbyists are convinced that they are central to legislative decision-making. But careful study of the reasons for the success or failure of legislation shows that pressure-groups' representatives alone seldom determine the fate of a bill.

Never forget that as an advocate you may influence -- but you never vote. The legislator is the one who casts the vote – the only vote that counts –and they take a natural pride in having it be their vote. As an advocate you can really do nothing more than help legislators reach their decisions.

You will find a wide variety of personality types in any legislature. Be prepared to meet in the legislative chambers the exceptional, the mediocre, and the inadequate. Relatively few politicians are dishonest, foolish, or even unusually opportunistic. Rascals are everywhere, but a moment's thought will suggest that they are, in fact, less likely to survive long. The impression that there are more scoundrels in public than in private life arises because the press and the public watch for, learn about, and focus more on public than on private wrongdoing. In fact, the ceaseless attention of the press tends to insure greater honesty in public office.

Reserve judgment about the people with whom you must deal until you have had sufficient personal experience to know them. If you are wise, you won't censure those who oppose you on specific matters - - today's foe may become tomorrow's colleague. The ability to see your opposition in realistic terms is essential to the achievement of workable legislative solutions. It is almost impossible to come to agreement with an enemy. Compromise with an opponent is possible and often desirable. Reaching an agreement with a truly hostile antagonist is next to impossible. Fight your opponent intelligently. But do not hate him. To permit yourself to hate a person is, after all, to become to some degree their prisoner.

There are also times when, concerned about a particular issue with which they have become involved, a temperate, tolerant legislator will turn into a rabid, close-minded obstructionist. Specific issues may change even the most conservative or liberal member. An advocate, therefore, tries to know how legislators will be likely to stand on various kinds of legislation. It is possible to change a representative's strong visceral stance on an issue, but in order to do so you must understand their emotions and find ways to appeal to their more objective self.

ALWAYS THANK A LEGISLATOR

After every contact with a legislator, be sure to say the magic words -- THANK YOU.

Contacting your Legislator - Effective Communication Techniques

WRITING TO LEGISLATORS:
A letter is the most frequently used method for communicating with public officials. Senators pay close attention to their mail because they know that your vote and support can be won or lost by the response you receive to your request or inquiry. Letters are also the quickest and easiest way for you to become involved in the political process and to begin building a quality, long-lasting relationship with your elected representatives. When writing your legislator, this list of suggestions will improve the effectiveness of your letter:

The most effective letter is a personal letter , not a form letter. The key to grassroots success is the show of concern from constituents who care. Personal correspondence will carry that message; a form letter will defeat your purpose.

Clearly identify yourself . It is not necessary to write your letter on printed or formal stationery, but it is very important that you provide pertinent identifying information on your letter i.e., your name, return address, date, phone number. The information verifies that you are a constituent and a voter.

Use proper titles of address. Unless you have an especially close personal relationship with your legislator, following proper protocol is always preferred.

To a Senator:

Dear Senator (Name):

NOTE: When writing to the Chair of a Committee or the President of the Senate, it is appropriate to address them as:

Dear Mr. Chairman or Dear Madam Chairwoman
or
Dear Mr. President or Dear Madam President:

To the Governor:

Dear Governor

Keep your letter brief and to the point. The shorter, the better, but don't sacrifice facts for brevity. One page, typewritten, is best; two pages should be the maximum. You can always attach additional information or, better yet, send follow-up letters.

Each letter should address only one issue. State the reason you are writing. If your letter pertains to specific legislation, identify the legislation by bill number (e.g., Bill No.: 4483-___), sponsor(s), and/or subject.

Briefly explain your position. Be factual enough to support your position, but avoid philosophical and emotional arguments. Explain to your legislator why they should be concerned. Your viewpoint may be one that the legislator has not considered.

Tell your legislator the result you favor. If you believe the legislation is wrong and should be opposed, say so. Say why you think it is wrong, and suggest a better approach or alternative. If you agree with the legislation, indicate you reasons for that, too.

Ask for your legislator's views or position on the issue. Do not demand that your legislator support your views, but be firm in conveying to your legislator that you want to know what she or he does and does not support. NEVER, NEVER be rude or threatening. Your goal is to build a relationship and keep lines of communication open. Do not make the mistake of closing the door in your own face.

Follow up with a letter of thanks when your legislator responds as you requested. Do not be surprised or offended if the response you receive is very general or noncommittal. Thank them for their response, but let them know that the legislation is still very important to you. This is a good time to provide additional information on why the legislation is important to you, and to let your legislator know about others (individuals, groups, organizations, companies, etc.) on your island who share your views.

Personal Meetings with your Legislator(s) Nothing is more effective in building personal relationships and getting your point across than a one-on-one meeting between you and your elected representatives. Knowing the proper way to set up and conduct personal meetings with your legislator, and/or their key staff assistants, will enhance your ability to convey your message about a specific issue.:

Plan your visit carefully. Be clear about what you want to achieve before you make your meeting request. Besides knowing the facts about your issue(s), do a little homework to find out some things about your legislator (i.e., committees they serve on, names of key staff members, stated position or previous votes on your issue, etc.)

Make an appointment. No matter how well you know your legislator, always make an appointment. Contact the legislator's appointment secretary/scheduler, by phone or by letter, to let them know the reason you are requesting a meeting, how much time you think you will need and if others will be joining you for the meeting. If possible, suggest several dates and times for the visit.

Be prompt and patient. When it is time to meet with your legislator, be punctual and patient. It is not uncommon for a legislator to be late, or be interrupted during your meeting. If this happens, be flexible. You may decide to continue the meeting with the staff assistant, or try to reschedule at another time.

Be prepared. Bring information and materials supporting your position, but don't be overwhelming. Present your facts in an orderly, concise, positive manner. Whenever possible, or acceptable, present viable alternatives or a different approach to the issue that your legislator could possibly consider. Information and examples that demonstrate clearly the impact or benefits associated with a particular issue are especially helpful.

Be political. All legislators want to represent the best interests of their district or throughout the territory. And, they want to get re-elected! Make a special effort to demonstrate the connection between what you are requesting and the interests of the member's constituency. If appropriate, describe to your legislator how you and others can be of assistance to them. Offer to become an expert resource to your legislator when issues arise in which you have particular knowledge or experience.

Be responsive. Be prepared to answer questions and provide additional information. Encourage questions. Discuss, do not argue or lecture.

Be polite. You have every right to ask your legislator to tell you what their position is on the issue you have been discussing. If their mind is not made up, ask your legislator to favorably consider the position you have presented. Thank your legislator for their time and the courtesy of meeting with you, and leave promptly.

Always follow up. Immediately send a thank you letter to your legislator. Recap the purpose of your meeting and the points covered, and provide any additional information or materials that might have been requested. Reinforce your interest not only is your issue, but in working with your legislator. Be sure to thank any staff members who helped arrange your meeting, who attended the meeting with your and your legislator, or who have been assigned to work on your issue. Establishing a good relationship with a legislator's staff can be key to a strong, on-going relationship with your legislator.

Phone Calls and Facsimiles
While letters are very effective and the preferred means of establishing contact with your legislator, a telephone call when time is short – just before an important vote – may indeed influence a legislator's decision whether to support or oppose an issue. The following tips will be helpful in making sure your phone call is properly noted:

Before you call, know your facts. What is the bill number, title, and who is the sponsor? What specific section(s) of the bill concerns you? How does the legislation affect your interests, job or livelihood? What alternatives can you suggest to make the legislation better? What action do you want your legislator to take?

When you make your call, be brief, to the point and courteous. Identify yourself as a constituent by giving your name, address and phone number. t is not necessary that you speak directly to your legislator. Leave your message with the person answering the phone, or with the staff person working on the issue. Present your facts and position on the issue. Tell the person what action you would like your legislator to take. Try not to argue. To ensure your message is transmitted to your legislator, request a response in writing. Thank the person for listening to your request. Be ready to answer their questions.

Follow up. Determine how your legislator voted on the issue. If your legislator supported your views, be sure to thank them. If the vote was not what you wanted, note your disappointment but indicate you want to continue working with your legislator and to keep lines of communication open. NEVER, NEVER be rude, impolite or threatening.

The same basic steps should be followed if your choose to send a facsimile (FAX). A legislator usually has a FAX number available for public use. However, it is often difficult to assure that the legislator receives the FAX message. Phone calls are preferable.

Internet. The Internet offers literally thousands of locations where you can access information concerning all branches of government – legislative, executive, regulatory and judicial. Following are a few of the most useful Internet locations:

Thomas - http://thomas.loc.gov This location offers some of the most complete legislative information from the current and most previous Congress including legislative background and history, full texts from the Congressional Record, and research information from the Library of Congress.

Congress.Org - http://policy.net This location provides listings of all Members of Congress, committees and committee assignments, key staff assistants and a ZIP code made for Congressional districts.

The White House - http://www.whitehouse.gov This site contains up-to-date postings of the Bush Administration's policy statements, transcripts and press briefings, and even a kids page starring Socks the Cat.

Republican National Committee - http://www.rnc.org Republican political, party and organizational activities for are posted here.

Democratic National Committee - http://democrats.org Democratic political, party and organizational activities are posted here.

Federal Election Commission - http://www.fec.gov This site provides information and federal candidates, parties and political action committees. It also posts current and back issues of the Record which includes court cases, advisory opinions and reports published by the FEC.

Effective Grassroots Lobbying

Top 25 Communications Techniques

Spontaneous letters from constituents

Office visits from constituents

Articles in local papers

Phone calls from local opinion leaders

Legislative research (memoranda, reports, etc.)

Phone calls from constituents

Office visits by CEO of business in the territory

Editorials in local papers

Office visits by delegations from constituent interest group

Phone calls from local elected or party officials

Opinion/op-ed in local papers

Office visits by long-standing friend/contact

Spontaneous mail from other territorial elected or party officials

Phone calls from friends or contacts

News programs on TV

Articles in major daily newspapers

National TV news

News programs on radio

Editorials in major daily newspapers

Orchestrated mail from constituents

Office visits by company representative

Local radio talk shows

Media-sponsored public opinion polls

Office visits from lobbyists

Letters to the editor in major newspapers

The Ten WORST Mistakes to Make When you Are Lobbying a Senator

Make an appointment with a Senator for yourself and another constituent from the Senator's district then, without notifying the staff, show up with five other people. The only thing worse is to show up with a reporter or a member of the press about whom you have also neglected to notify the staff.

Arrive late to your meeting, be unprepared, have a load of information and materials with you and no executive summary!

Perpetuate the myth that the only place one can conduct business is at the Capitol Building

Conduct a meeting using only acronyms. NEVER say things like, "The VIPA and the VIHA are in negotiations with representatives of the USW, AFL-CIO and IRB as well as the ACCT and the CHA." Your message will be lost PDQ!

Only call on an office or talk to the staff when there is a crisis or you need something, like the day before a markup session.

Flood an office with post cards, photocopies of letters or faxes during a legislative battle.

Knowingly give a Senator or the staff the wrong, or "not quite completely true" information.

Insist on giving political action committee contributions or individual contributions in person and only to the Senator. Your financial support is always appreciated; the method of delivery makes no difference.

Call on an office without an appointment and insist on seeing the Senator. Worse yet, call on an office without an appointment, insist on seeing the Senator or a staffer, and not even be a constituent!

Refuse to help a Senator who has been helpful to you.

Glossary of Legislative Terms

Ad hoc - Brought together for a special purpose.

Agenda - A group of bills and/or other items of legislative business listed in order of their intended presentation to a legislative chamber.
The agenda informs anyone who is interested of the chamber's anticipated business.

Amendment - A change or addition to a bill or motion - - the change or addition must usually be germane to the subject matter.

Appropriation - The setting aside by a legislature of a specific sum of public money for a particular public purpose. A lump sum may be appropriated, or an itemized appropriation may be made. The former allows for greater executive discretion. The latter permits expenditures only for narrow purpose speciifed by the legislative body.

Bill - The form in which proposed laws are introduced into the legislature. Bills move by agreements (usually majority) through the various legislative stages - - reference to committee; consideration within and amendment by committee; report to full body;
debate and amendment on the floor of the house; passage by the chamber; similar action in the other chamber, if the legislature is bicameral; signature by the executive (or passage over the executive's veto) to become law.

Bill drafting - Expressing a proposed legislative objective in bill form. Care is required to prevent duplication of or conflict with existing law.

Bottle Up - To stop or impede the progress of a bill by confining it within a committee and preventing its due consideration.

Office of Management and Budget - Office in the Executive Branch which drafts the Governor's budget and monitors the adopted state or territorial budget.

Caucus - The member of a legislature usually belonging to the same party, organized in a body to determine joint legislative action.

Chamber - A place where legislators meet together as a body to consider legislation and conduct other business; also "the Senate" in the Virgin Islands.

Consent agenda - An agenda of business including those bills that members agree should be brought before the full body for consideration; normally composed of noncontroversial measures.

Coalition - An alliance, often temporary, among persons or factions interested in a common goal.

Concurrent resolution - Resolutions concurred in by both houses of a legislature, and may be sent to the Governor, if it does not have the force of law.

Committee - A grouping of members of a legislature body that gives special or detailed consideration to pending bills on a given subject. A standing committee of a legislature is essentially permanent. Joint committees are appointed by the two houses to consider matters together. Special, select, or ad hoc committees are appointed for special matters.

Compromise - Reaching agreement by adjusting conflicting positions.

Conflict of interest - A case in which an elected or appointed official has to vote on, decide on or administer some matter in which he has a private, often a pecuniary, interest.

Debate - Legislative discussion and argument about the merits of a bill, a resolution or a parliamentary motion.

Effective date - The date on which a law becomes effective. If there is no effective date is included within the legislation it takes effect as soon as the Governor signs the bill or the veto is overridden.

Enacting clause - The clause at the beginning of every bill that states the authority by which it will be made into law. The exact words are often delineated in a state constitution or the organic act of a territory.

Executive - The executive officer of a state or territory is the governor.

Executive request - The bill proposed by the governor.

First reading - The formal reading of a bill by the clerk of a house before that house for the first time. Bills must be formally "read in" to be considered. This is usually done in a pro forma manner with only a reading of the title of the bill necessary.

Fiscal note - A cost estimate which is attached to a bill to indicate its fiscal impact.

Floor - The area in which legislature members sit and from which they speak.

Gallery - The area from which the public can observe a legislative chamber.

Hearing - An occasion during which evidence and points of view on a specific bill or subject are brought before a legislative body.

House privileges - Benefits or rights granted by the legislative body to members, the public, the press, etc. In certain instances, such privileges may be withdrawn by the legislature.

House rules - The rules by which each legislative body conducts its business.

Joint committee - A committee with members appointed by either house in bicameral legislatures to consider matters of common interest. Such committees can speed up the legislative process by consolidating time for hearings.

Lobbyist - A person, usually representing a special public or private interest, who visits the legislature to transact business with legislators in the hope of influencing the legislative proceedings.

Mark up - The line-by-line review by a legislative committee of a proposal.

Majority leader - A member designated by the caucus of the majority party to carry out party strategy on the floor of the house and lead the party during the session.

Minority leader - A member designated by the caucus of the minority party to carry out party strategy on the floor of the house and lead the party during the session.

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