Part 3 - The Lawmaking Process and Lobbying Techniques

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In Part 3:

•	Elected Officials/Direct Lobbying
•	Writing Letters
•	Personal Visits
•	Providing Testimony
•	Making Phone Calls
•	Other Methods of Communication

Elected Officials/Direct Lobbying

It is difficult to determine which form of communication most effectively influences a legislator's point of view. Personal visits, thoughtful letters, site visits (where a legislator sees first-hand the effects of the legislation), and telephone calls from constituents whom the legislator respects -all of these can be highly effective. However, a personal visit from a constituent is clearly the best lobbying method.

Perhaps the most important thing you need to know when lobbying is your subject. What is the substance of the legislation? Why is it important? What will happen if it passes? What will be the consequences if it fails? How much will it cost? Most important, what will be the impact of the legislation on the legislator's constituents? It is helpful to give an illustration or two of how the problem will affect the legislator's district. Be sure of the facts you report and build your communication around them.

It helps to know a little about the legislator you are lobbying. On which committees does he/she serve? What are his/her pet issues? How has he/she voted on similar legislation in the past? Much of this information can be obtained from state legislative rosters which are available in every state capitol. However, don't let a lack of detailed knowledge about a legislator stand in your way. Legislators pay attention to well-presented positions by constituents, regardless of their knowledge of personal details.

In all communications, whether by phone, letter or personal meeting, it is important to be accurate, brief, clear and timely. Never become angry or argumentative with the legislator about his or her failure to support your position. You will almost certainly have to deal with the same legislator sometime in the future. Most legislators have long memories and if you have strained your relationship by getting angry -- no matter how much you may have been justified in doing so -- chances are that you will not be allowed access to that legislator in the future.

Writing Letters

Mail campaigns are an effective way to persuade legislators to support your position. Remember that competition is stiff. State legislators receive an enormous amount of mail each session, so give careful thought to your letter. (See "Sample Letters" in the Appendix.) If you know the legislator, make that clear in the first paragraph. This will alert the person opening the mail to give the letter special attention. Use the legislator's first name, if appropriate, and sign it with your first name. Write your letter on your business letterhead. Some legislators downgrade the importance of a letter if it is obviously part of a letter writing campaign. Make your letter as personal as possible and be certain to mention that you are affiliated with the Institute and are a CCIM member.

Try to keep your letter to one page in length. Use your own words and cover only one issue per letter. In the first paragraph, ask for the action you want the legislator to take. Identify the legislation clearly by name and number if a bill has been introduced in the legislature. Ask the legislator to reply and ask them directly whether or not they support your position. Legislators are masters of non-replies -- that is, letters that avoid giving you their positions. Be as direct as possible while still being courteous. Chances are good that the legislator is aware of the political fallout of not voting for your issue, so do not mention it. Be certain your legislator receives the letter before the vote.

Thank legislators who support your positions and let legislators who don't know of your disapproval. Provide copies of your letters and replies to the Chapter Legislative Chairperson and the Chapter President.

Personal Visits

Personal meetings with constituents are very highly ranked among effective ways of communicating with legislators. Keep in mind that legislators are almost always eager to win your support. They are interested in your view of specific legislation. During your visit, don't miss the opportunity to seek advice on how your CCIM Chapter can be most helpful in developing support tor legislation.

If your legislator cannot meet with you, don't hesitate to meet with a staffer. Staff people wield considerable power and are often able to give more time and attention to issues than legislators can. State Representatives and Senators usually keep district office hours. Meeting in the district office can be beneficial because legislators are usually less harried when they are home on weekends or during recess.

You will probably know considerably more about the legislation than your legislator does. Legislators will welcome information and will particularly appreciate any anecdotes or illustrations that spell out the impact of the legislation on their constituents or legislative district. Explain how your issue relates to the legislator's past votes or interests.

Remember to acknowledge the arguments of your opposition and be prepared to explain why your position is best. Provide information both orally and in the form of a fact sheet that you can leave with the legislator. Be certain that it includes a brief description of your issue, why it is important to the institute, and the action that you want the legislator to take.

After the visit, write a letter of thanks to the legislator and remind him/her of any agreements you reached and provide any information you promised.

Providing Testimony

It is important to know how to give testimony. Legislative bodies call for public hearings for a number of reasons. They may be held to inform the public about issues or to get the information they need in helping to draft laws or to find out whether or not a law is needed. Hearings may also be held as "window dressing" for decisions that have already been made.

Providing testimony serves the useful purpose of requiring your chapter to develop a fairly comprehensive statement of its position. Sound testimony can help to establish you or your chapter as an authority in the eyes of the legislature. It can also provide useful quotations for speeches and publications. In deciding whether to testify, remember that a decision against testifying sends a signal to the legislators that your organization is not interested or that you have reasons to avoid questions on the subject.

When testifying, keep your statement brief and always provide a one-page summary as the initial page of your written testimony. Providing a summary will ensure that your main points will be noted. Most legislative bodies have format requirements for testimony, including the number of copies you should have and when they should be delivered to the committee. Contact the clerk of the legislative body you will be testifying before to receive these instructions.

The skill of the presenter is almost as important as the quality of message he or she delivers. Testimony should be delivered by the chapter president or legislative chairperson or a member with expertise on the subject being discussed. If possible, plant questions with friendly committee members so that you can get those questions and your answers on the public record. This can be accomplished by working with legislative staff members. If you know which legislators will be opposed to your position, anticipate the opposing arguments and be prepared for effective rebuttal. You can also provide questions to friendly legislators that they can raise with opposition witnesses to make points in your favor. If you encounter a hostile legislator, always be courteous and make a special point of trying to see him or her later or follow up your testimony with a letter that deals specifically with the issues he or she has raised.

Attempt to let other groups who favor your position to sign onto your testimony if they are not planning to testify separately. Having several other organizations that are well known to legislators sign on to your testimony can significantly strengthen the impact of your statement.

At the very least, hearings provide a public record that can be a springboard for major legislative changes. Your local chapter can play an important role in the creation of legislation by requesting hearings, developing witness lists, and volunteering to coordinate the appearance of witnesses.

Making Phone Calls

In every legislative effort there comes a time when it is crucial to have immediate member contact from the grass roots. Often there is less than twenty-four hours before a key vote comes up in committee or even before a final vote in a legislature. A process for telephoning members at this critical point and urging personal phone calls to legislators before a key vote is essential. Several calls to a legislator's office just before a vote can be persuasive, especially if the legislator has not taken a definite stand on the issue. Members should be provided with a legislative roster including the legislators' telephone numbers. As mentioned earlier, these rosters may be obtained upon request from the clerk of the legislative chamber.

If it is impossible to speak directly with the legislator, ask to speak with his or her legislative aide or leave a detailed message. Legislative offices keep count of pro and con phone calls on particular issues.

Other Methods of Communication

There are many other ways to communicate your position to legislators. The following are a few examples:

1.	Invite a legislator to speak at your chapter meeting. Legislators usually appreciate such opportunities
2.	Organize a State Capitol Day and invite members to participate. Participants should be well briefed and appointments with legislators should be set in advance.

Be certain to publicize any meetings or events your chapter participates in with a legislator to other CCIM members and the local media.

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