States Are Where the Action Is. Or Not.

I will probably never stop being surprised by the infinite variety of unexpected turns that make or break a bill in state legislatures. A memorable example was an early-morning DUI which derailed a critical committee vote in New Mexico. We at the LCFC could easily cobble together a thematic revision to Alanis Morisette’s “Isn’t it ironic?”

“Pulled out every stop, and changed his mind,

Just as her Nay-ayayayay waved it goodbye…”

“All those who matter weigh in for yes,

In a year of -- other interests…”

The wins are worth it, but boy is the process maddening sometimes!

They say states are the crucibles of democracy and governance. The idea is that states road test political process and ideas under less pressure and at smaller scale. That analogy sure feels wrong in practice sometimes, though.

To start with the obvious, empirical evidence is no guarantee of an audience, let alone future legislative outcomes. Individual and collective politics matter. Personalities matter. Power matters. Fate, ideology, timing—all matter. Bills can and do lose outside the merits in retaliation for some or another wholly unrelated quibble small or large. But the truth is I’m grateful to be working on policy vs. the petri dish of partisan electoral politics.

Bless everyone who currently wades into Congress to get things done, but state advocacy is a whole different set of challenges. Multiple states multiply the complexities. Every state has genuinely unique structure, timeline, norms, culture, personality and politics. I’ve culled a few general lessons over the years.

Probably the most important one is ‘know thy place’. As a national organization based outside of the current legislative states, it’s fruitless to want something more for a state than the governor and/or legislature wants for itself in any given year. The related second lesson is to partner with committed in-state allies that have both the necessary political connections and direct personal stakes in the outcome.

Third, even if someone(s) want what we’re selling, at least one someone of influence needs to make the policy a hill to die on. Political horse trading is inevitable. Who doesn’t want a sponsor who treats your horse as the most valuable filly or stud in the capitol?

Number four is that prospects can change in a heartbeat. The combined art and science of advocacy is to be poised to effectively respond to either sudden threats or windows of opportunity. Have supporting evidence, talking points and ready allies to coordinate that response. Make sure that those who need to know are quickly apprised of what you need them to understand.

There are other quick hits. Legislators will be legislators and staff will be staff. Roll with it. Control what you can and accept that there’s a lot you can’t control. These things take time. Except in response to necessity or a perceived proximate interest, ‘legislative time’ is definitely a thing. Broad and diverse support can tip the scales. Socialize the idea and benefits far and wide, including leadership. Repeat multiple times. Make a goal of getting legislators and staff to favorably recall you and/or your issue. When specifically asked if [so-and-so] supports this, the preferred response is always a definitive “yes”.

It's a lot even in the best of circumstances. The fundamental trick is to remain steady of purpose amidst the chaos. For all the fits, starts, machinations, and surprises big and small, there’s nothing I’d rather do right now.