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No More Homeless Pets Forum
August 9, 2004 Legislation & Advocacy |
How can your group get involved? Is legislation the answer anyway? Can a non-profit group lobby? Julie Lewin from the National Institute for Animal Advocacy (NIFAA) and Ledy VanKavage, Esq., of the ASPCA will answer your questions.
Introduction from Julie Lewin:
Must we form voting blocks for animals in our towns, cities, counties and states to block the cycle of homeless pets? Is this "our next and necessary step"? Is it that easy? Is this the way to achieve the strongest state and local laws that will reduce dramatically the arithmetic of homeless animals and improve the care of animals with homes?Emphatically, yes! All other advocacy issue groups that have a significant impact on laws and policies have organized politically, and we are overdue. It's easy, and no one should be fearful. Once you learn a few political principles, you will understand the logic and the extraordinary potential. NIFAA provides this training. Graduates of NIFAA's one-day course say their eyes have been opened, and they are launching voting blocks in their towns, counties and states.
We are squandering our potential power to help animals by not realizing that small numbers of politically organized people can rapidly advance the No More Homeless Pets movement across the country.
Introduction from Ledy VanKavage, Esq.:
Politics is not a spectator sport. It's an election year and time to sit up and speak out for your furry friends. How can lobbying for laws save animals' lives? Why should non-profits lobby? Find out the answers to these questions and get lobbying tips this week on the forum.Questions
Are online petitions and mass-produced postcards effective in reaching legislators?
Can 501(c)(3)s lobby?
Introducing statewide legislation
Making sure your legislation doesn't get amendments added on
Passing legislation through City Council
Making animals an issue in candidates races
Knowing what language to put in a bill and finding good existing samples
More on lobbying as a 501(c)(3)
What about enforcement of laws?
Remaining unemotional and professional when speaking to council
Listings by state of legislative humane groups
Competing with human issues for legislators attention
Overcoming powerful lobbies against us
Getting people involved politically when they are so busy or turned off
Are online petitions and mass produced postcards effective in reaching legislators?
Question from Angie:
We often get requests from groups to fill out online petitions, send in pre-written, mass postcards to legislators, and send in emails. I definitely want to do things that are going to help issues I believe in but often wonder if any of these are effective. If the petitions aren't legal, binding ones or the postcards are mass produced, do legislators actually listen to these and are they effective?Response from Ledy:
Angie, communications raise consciousness. Rule of thumb regarding legislation is that any communication is better than none. Sit up and speak for animals! However, I agree that online petitions are not the best way to get your idea across. The most effective communications are still the old fashioned ones, a personal phone call, visit or a handwritten letter.This is an election year and one of the best methods of communication is volunteering to help with the candidate's campaign and talking to the candidate about animal issues there. They usually will listen when someone is volunteering hours stuffing envelopes for them.
Politicians are human, and like most of us, respond better to polite, personal forms of communication. Unfortunately the reality is that many of us no longer have adequate time to write letters on all the important animal issues that are out there. The ASPCA does have an animal advocacy brigade where members fax or email legislators on certain select issues through our website. The Advocacy brigade has helped get a number of humane bills passed. On numerous occasions I've been to a capitol and a state senator or representative will pull out copies of emails advocacy brigade members have sent on an issue and ask me to explain the pending legislation. Bottom line, communication like voting does help, so exercise your First Amendment right.
Response from Julie:
Yours is one of my favorite questions. The critical factor is whether the lawmakers can tell that the petitions, postcards or emails are part of a political strategy, an accountability system.Emails from constituents are excellent, and must include full name and street address and town so the lawmaker knows you are a constituent. They should address the lawmaker along the lines of, "Representative Benton, as your constituent I urge you to...."
I consider online petitions completely without merit and pre-written, mass postcards to legislators of very little merit. The reason is that lawmakers or other targets know that anyone will sign a petition (or send a postcard), whether it's at the supermarket or online. They know the supermarket signer will forget about signing the instant after signing. Nor does the signer know who his or her own lawmaker is, nor will the signer learn afterward whether the lawmaker voted correctly on the issue. Online petitions are the same.
To be effective, a petition has to be designed according to political realities. Successful lawmaking is about demonstrating that you have the capacity to alter the arithmetic of elections. For this reason, in my NIFAA trainings to advocates, I begin with these questions:
Q: What is a lawmaker's primary concern?
A: To get re-elected.
Q: How does a lawmaker get re-elected?
A: By winning a majority of votes cast on Election Day.
(Let me add that a lawmaker does not care about voters outside his or her district, and only cares about his or her constituents WHO VOTE.)
Animal Advocacy Connecticut, the political lobbying organization I founded a few years ago, uses these political facts by doing petitions that are designed to create an accountability system between lawmaker and informed constituents. We're exploiting the fact that it's campaign season of an election year, by carrying petitions door-to-door in the districts of priority lawmakers who's support we need.
Here's an example:
TO Senator Albert E. Andrews,
We, your constituents urge you, if re-elected, to use your position as Chair of the Agriculture and Wildlife Committee to enact a complete ban on the use of leg hold traps and to support a state-wide publicity campaign to crack down on people who abandon cats."
We allow ONLY Andrews' constituents to sign. Ideally, we start door-to-door in his own neighborhood! We ask signers to give names, addresses, and email addresses if they're willing. We feed him these petitions a few at a time, implying a steady stream will be coming with no end in sight. The fact he knows these are face-to-face meetings at the doors and that at least some signers have email addresses tells Andrews that these signers will remember the encounters AND that AACT will inform them of what Andrews does. If Andrews does not get re-elected (AACT endorses candidates, too, but that calls for another question and another answer), then we'll give copies of the petitions to the winner. After all, the signers are the winner's constituents, and the winner will see that we understand how to alter the arithmetic of elections, and he or she better please these folks. This is incredibly effective!
Can 501(c)(3)s lobby?
Question from a member:
I work at a humane society and we often want to get involved spreading the word to vote on animal issues, but we are really confused on what a non-profit 501(c)(3) can do and can't do. How much lobbying are we allowed to do and what constitutes lobbying?Response from Ledy:
Contrary to popular belief non-profits can lobby. Legislative advocacy is acceptable for 501(c)(3) organizations under the tax law as long as "no substantial part" of activities are carrying on propaganda, or otherwise attempting to influence legislation.Organizations that want clearer rules than "no substantial part" can make a 501(h) election simply by completing Form 5768. The IRS will then measure "substantiality" only using the amounts spent. (The ASPCA is a non-profit that has made a 501(h) election.)
If your non-profit is considering doing a lot of lobbying, confer with your attorney and see if a 501(h) election would be appropriate. The Alliance for Justice has a great book on lobbying for non-profits that is quite helpful. You can order it on their website, www.allianceforjustice.org. The Alliance for Justice also gives workshops on lobbying for non-profits that are very informative.
Remember that this is an election year and non-profits cannot participate in political campaigns on behalf of any candidates. However, you as an INDIVIDUAL can help in political campaigns and attend fundraisers.
Response from Julie:
I'm sure Ledy will answer about lobbying for a 501(c)(3). My answer is to urge you to seriously consider forming a 501(c)(4) political lobbying organization, so you can wield real political influence for animals through organizing by political district and endorsing candidates. I lobbied full-time for a national animal charity for years, and got quite good at it, created a presence for animals at the statehouse for the first time, every legislator knew me, had an impact, etc.But I saw how successful advocacy issue groups functioned, and they didn't bother to lobby through charities. They formed 501(c)(4)s and/or political action committees (PACS). I left with my group's blessing to form a statewide political organization; overnight I became a real player in the Connecticut statehouse. We're now in the process of endorsing statehouse candidates for the second time. (Our first round was 2002, and right off we provided the winning and losing margins in several close races! Animal people forward items of interest like crazy, and they did this with our first endorsement list!)
We sent out our 2004 endorsement questionnaire last week, and now incumbent state senators and state representatives, challenge candidates, and candidates in "open seats" (districts where the incumbent is not seeking re-election) are pursuing me to get AACT's endorsement. (In 2002, when we were tiny, I got calls from a Congressman, a gubernatorial candidate and others!). We've passed landmark legislation that a few years before would have been only a dream, but if we'd "gone political" earlier, would have been enacted years ago. We owe it to the animals to learn what it means to form voting blocks and political organizations for animals. I've founded the National Institute for Animal Advocacy (NIFAA) to provide such training. By all means contact me at jlewin@igc.org.
Introducing statewide legislation
Question from Celeste:
Several of us from different organizations are banding together to introduce legislation for a publicly funded, statewide spay/neuter program, a la New Hampshire, Maine and New Jersey's former program. We hope the bill will pass during the 2005 legislative session. If we miss that boat, the process will be pushed back at least 2 years, to the 2007 session. We feel our state is ready now, and that we may lose inertia in another 2 years. Is it realistic to think we still have enough time to make the Spring 2005 deadlines? So far, we have thoroughly studied the other state's legislation, made initial contact with friendly legislators, and gotten promises of help from animal-friendly attorneys in drafting legislation specific to our state.Response from Ledy:
Celeste, that is wonderful! You folks are definitely on the right track. To date the New Hampshire program is by far the most successful - a $2 surcharge on dog license fees to fund spays/neuters for pets of low-income folks. Because of their foresight New Hampshire has the lowest euthanasia rate of any state in the nation. Since New Hampshire has over 10 years of data it's track record is proven and extremely hard to argue with. Peter Marsh is wonderful and is very helpful. Their dog licensing spay/neuter surcharge program should be replicated in every state.However, since the New Hampshire program relies on the participation of local vets you will need to get your local vets and veterinary medical associations on board. You should start that process now. (The ASPCA with the support of over 100 humane organizations attempted to get a similar bill passed in IL last year, SB 2612, but unfortunately the Illinois Veterinary Medical Association and some animal control agencies opposed the bill and it died. We're not giving up and another version will be introduced in IL next year.) You might want to look at the IL bill's text on the Illinois General Assembly website. The bill number was SB 2612. A similar bill was signed into law in Vermont last session S 313. Get copies of those bills and the New Hampshire law to the attorneys for drafting ASAP. Be sure to let the national groups know how to assist you in your good works. If you need aid in drafting it the ASPCA can help. Just call or email me at aspcastlouis@earthlink.net.
Start a full court press NOW on the spay/neuter legislation. Be sure to meet with as many legislators as you can and ask for their commitment. Remember it's an election year. Go as an individual of course to fundraisers or volunteer in some campaigns and talk about how important the issue is to you. (Non-profits can't take sides in elections, but individuals can.)
You might want to send out a questionnaire to all candidates for the legislature asking their position on a spay/neuter surcharge bill to find out where they stand and get their attention.
Just remember it pays to be a pit bull when attempting to get legislation passed. Tenacity is the key! A humane nation wasn't built in a day.
Response from Julie:
How wonderful that several organizations are working together in your state to introduce legislation for a state spay/neuter program (we have one in Connecticut, too). I don't know what state this is, but basic political principles apply everywhere. To achieve ambitious legislation (which yours is), there are basic imperatives. My short answer is that even if you introduce a bill this year and fail, the knowledge about the process you pick up will make you better equipped to pass it in 2007. But read on!First, you must learn the lawmaking process and political dynamics of your state legislature in detail. These are essential for developing and adjusting a political lobbying strategy. I say "political," because to succeed you must think politically. One example of thinking politically is knowing which political party controls your State Senate and State House, and getting to political leadership of both parties ASAP. Another example is that you need to be able to generate constituent emails and phone calls to key legislators at every stage of the process. If your statehouse is up for re-election November 2, attempts should be made to get commitments from candidates before then, to make this an election issue.
Second, you must engage for the long haul. Effective advocacy lobbying is not "hit and run," it's learning the subtleties of the process, establishing yourself in the statehouse or county or town hall, developing and nurturing political relationships on-going. If you don't pull it off this session, you'll have established yourself and have spawned relationships with lawmakers that can grow if you go back in 07, and organize politically in the interim (more below). So definitely get your feet wet!
Third, your coalition must abandon idealistic notions (should you have them!) of how laws are made. The most important factor in determining whether a bill succeeds or fails is not its merits. It's whether individual legislative leaders know that you have an accountability system to inform their constituents who care about animals exactly how they help or hinder your effort at each step of the way, from whether they protect your bill through the process to floor votes in the House and Senate. It's whether rank-and-file legislators know you will inform their constituents who care about animals whether they vote for or against the bill.
This is why I left lobbying for a charity to form a political organization in my state for animals. Although I was the same person, with the same lobbying skills, knowledge of the process, knowledge of the players, and institutional knowledge of the issues, I suddenly had power. It was remarkable, and remains so.
What I'm really saying is that it's time to function like a voting block, like every other issue group does that has a significant impact on laws and public policies. Animal advocacy hasn't caught on yet, and this is tragic. Sure, launch a bill this year; maybe you'll pull it off! If you don't, you'll learn how you can pull if off next year. If your eyes are open, you'll see that the organizations working together should seriously consider forming an auxiliary non-profit political lobbying organization, a 501(c)(4), so you can organize by political district and endorse candidates. This is how to wield power for animals in the lawmaking arena.
I formed the National Institute for Animal Advocacy (NIFAA) to train animal advocates, like you, to launch voting blocks so we can achieve laws and ordinances for animals commensurate with our public support. We have a lot of catch-up to do. This is a lot more than lobbying. I will do a training wherever advocates will bring me. Feel free to contact me directly at jlewin@igc.org.
Making sure your legislation doesn't get amendments added on
Question from Hannah:
How do you make sure that legislation you write does not end up having other things tagged onto it that you don't want? A friend of mine is working on an animal friendly license plate bill. All of a sudden all these other license plate bills wanted to join on to hers because it had momentum, including a Cattleman's Association and Right to Life, which she didn't want to be associated with because of the controversial subject. She was afraid her bill was going to die because these were going to get attached on.Response from Julie:
The threat of having other things tagged onto a bill is always there. Is your friend at the state Capitol all or most of the time? The best ways of maintaining control of your bills to prevent bad amendments include:- Getting leadership sponsors who will protect the bill (every legislative effort needs lawmakers to function as protectors, preferable ones of high rank, such as Chairs of the relevant legislative committees)
- Being in the statehouse all or most of the time, so you are there to put out fires immediately
- Be organized politically, so at key "pressure points" you can generate constituent calls and emails to lawmakers who are threatening to attach such amendments and to lawmakers who are your protectors, to keep them in line.
Be realistic before you start about how much political power you have in the Statehouse (or County or City or Town Hall) and whether it may be dangerous to start something that could backfire.
Hannah, what state is this?
Response from Ledy:
Unfortunately this is something you really can't control. Legislators are always looking for a vehicle to attach their bills to if the bills are not moving on their own. Many states have a rule where the amendment has to be germane to the underlying bill. In South Dakota if a bill is substantially changed it's labeled as "hog housed."The ASPCA & PAWS Chicago experienced the same problem with the Pet Friendly license plate in Illinois. A Senator wanted to attach a 9/11 plate to the pet friendly plate bill after it had passed the House. I learned of his plans from an animal friendly senator at a political fundraiser the night before the senate hearing. If I had not attended the fundraiser in my personal capacity, I would have never learned about the planned amendment to the pet friendly plate bill. The reality was that if the amendment was attached to our bill it would have had to go back to the House for another hearing. We would have run out of time and it would not have passed that session. I went to the Senator and literally begged him not to do it. He's a very nice man and he didn't. (It must have been the desperate look in my eye.) Sometimes you can persuade them, other times you can't. The pet friendly plate bill was signed into law and is now generating money for spays & neuters throughout the state.
Remember, life is politics! A great book to help with negotiations is "Getting Past No" by William Ury. It has some great negotiating tips and is a must read for anyone planning on doing a lot of lobbying. Learn all you can.
Passing legislation through City Council
Question from Rebecca:
There is a pet store coming into our town that we have been trying to stop. We were unsuccessful in stopping the store from opening, but we have been looking at going to City Council and getting legislation passed that would require mandatory spay/neuter for all animals adopted or sold. We are not sure how to begin though. Do we start with writing the legislation ourselves and presenting it to City Council, or do we call them first to explain why we want to do this and they write it up? We have never done anything like this before so could really use some pointers.Response from Julie:
Goals of trying to prevent new pet stores or close existing ones down are frequent, and crystallize how necessary it is for animal advocates to get political on the local level. This is true whether the goals concern pet stores or any other issue regarding animals.First, you need to spend time - a lot of time - at the City Council to see how it works (please see my answers to yesterday's questions, which explain this). Follow other issues from start to finish, listening for nuances in debate, discussion. Notice what decisions seem to have been made behind closed doors rather than at open meetings. Definitely learn which members belong to the controlling majority political party and which belong to the minority party, and notice how this impacts outcomes of the non-animal bills you're watching.
As you attend these meetings, introduce yourselves in an open, friendly, professional manner to individual city councilors, and let them know you plan to becoming active politically for animals.
Now, these are critical too: Go to the City Registrar of Voters and obtain:
1. Street maps of each councilor's political district (or bring a street map so the Registrar can delineate the districts on your map with a colored marker. (If they are "at large" districts, there will be no district maps; all councilors will represent the entire City.)
2. Voting statistics from the City, including a) number of registered voters in the City; b) voter turnout numbers for the last two City elections; c) election statistics for each of the councilors (votes "for" and against") from the last two City elections.
3. Ask how many City residents are eligible to register but haven't. (You may be sent to a state agency to find this out from 2000 U.S. Census statistics.) This is important, worth the bother!
These statistics will hit you hard that most eligible adults don't vote in city and town elections, even if they are registered, or they aren't even registered at all. In Connecticut, my state, the average is only 30% of adults.
What I'm getting is that you must think utterly politically. This is the only way to succeed. Do you have enough supporters/members or potential supporters/members to vote any of these councilors out of office? Because so few of the eligible people now vote, you have great potential to significantly impact the arithmetic of local elections. Can you register new voters, especially 18 year-olds, most of whom are animal friendly? Can you get more registered voters to actually vote, if you endorsed specific candidates?
When you think politically and act politically by organizing voters by district, you will find that you will gain strong supporters among enough lawmakers, because they won't want you to "deliver your votes" to the opposing candidate at the lawmaker's next election.
Amy, functioning politically this way is what every single other issue group that achieves does. Because it works! And with your first success, you'll decide to pursue other necessary ordinances for animals in your City. As time goes on, and you continue to gain new voters, your influence will increase.
You don't say when your next municipal election is, whether it's this year or next, or how many councilors are up for re-election (some municipalities have staggered terms, to promote stability). Please consider having me out to give a political training to you all. Write me at jlewin@igc.org or call 203-453-6590.
Response from Ledy:
Thanks for taking action for animals. Tenacity is the key.First determine who on the city council is animal friendly. Ask for a meeting with him or her and explain your concerns and ask how they would suggest that you proceed. If they love animals they will probably steer you in the right direction. If you don't know who is animal friendly, go to some city council meetings and see who seems to be a true leader and approach that individual for advice on how to proceed. Start going to city council meetings and speaking up about the pet overpopulation problem in your city. Organize, and get more folks involved.
FYI: New York City requires dogs or cats sold at pet shops to be sterilized, but has some loopholes. You could get a copy of that ordinance as a starting point. (Chapter 8 Section 17-801of the administrative code of NYC)
Good luck!
Making animals an issue in candidates races
Question from Dee:
I live in Missouri, where puppy mills are a huge concern. We have a new candidate for governor who we believe is animal friendly. How do we make puppy mills a campaign issue? Her opponent, on the other hand, endorses the 2/3 supermajority concept, which would require a 2/3 vote to pass any citizen-initiated constitutional changes in hunting or fishing laws. This will make it more difficult for humane groups to gain approval for legislation protecting wildlife.Is there any chance that any high-profile candidate will ever publicly address animal issues when there are so many high profile people issues (social security, health care, the war in Iraq, homeland security)?
Response from Julie:
I'll answer your second question first, because it prepares the way for your first question.Yes, I feel that there is potential for high-profile candidates to address animal issues. But it will not happen unless animal advocates get political, like all successful issue groups have done. It all comes down to voting arithmetic. Will animal advocates organize politically, form political organizations, form voting blocks? One never needs a majority of voters. A basic truth of politics and elections is that a politically organized minority drives laws and public policies on their issue, because lawmakers know the politically organized minority can swing many elections. The politically organized minority (voting block) becomes known to have the capacity to "turn out the vote" on Election Day to the candidates who support them with enough votes to re-elect them, get over the top; likewise, the voting block will be known to turn out the vote for challenge candidates running against incumbent lawmakers who have not voted properly on their bills in the statehouse, city hall, etc.
This is doable. This is what I have done in Connecticut with much success. My mission is to train animal advocates around the nation how to launch voting blocks for animals in their states, counties or towns. I gave two intensive one-day trainings this summer, and I will go where folks will bring me.
Now for your first question, "How do you know the candidate is animal friendly?" Has the candidate committed to specific animal issues? And, yes, the 2/3's majority initiative is horrifying.
I would beginning blasting short, precise emails whose subject line is "vote for ____," and instructions to "forward broadly to all Missouri animal people." I would do another for 18 year olds. Your email must urge all who are eligible to register to vote so they can vote for your candidate.
However, here's a serious caution. Could much email or other publicity regarding your choice actually HURT your candidate? Any form of endorsement for one candidate by an issue group is an announcement to opponents. Will publicity that the one candidate is pro-animal swing undecided anti-animal voters to the anti-animal candidate? I have no information on the race, no feel for it, not being there. Is Humane USA, the young national political action committee (PAC) involved in this race?
Response from Ledy:
Missouri is a very difficult state in which to get animal welfare legislation passed, because the pet breeders are very organized. In fact the pet breeders have hired contract lobbyists in Jefferson City and in Washington, D.C. to lobby on their issues. (Non-profit animal welfare groups need to follow this example and hire contract lobbyists to help effectuate change. The usual cost of a contract lobbyist at the state level is $7,000 to $20,000 but well worth the expense. Animal use groups such as the farm bureau, pork producers, sportsmen's alliance, dairy council, beef producers, and pet breeders have contract lobbyists in state capitols - few humane societies do. Every humane organization that can afford it should have a contract lobbyist working on animal welfare issues in their state capitol. This policy change in animal welfare groups would help make this a humane nation, one state at a time.)Now to answer your question, Claire McCaskill, candidate for Governor, was the Missouri state auditor and wrote a great report on the lack of enforcement of the animal facilities act by the Missouri Department of Agriculture. You can remind everyone of her groundbreaking report. It was a catalyst for change at the Missouri Department of Agriculture, although much more needs to be done. In Missouri there is a great 501(c) 4, the Missouri Alliance for Animal Legislation www.maal.org. You might want to join that group to help them work for humane change. Unfortunately, to date I believe they are the only animal welfare organization in Missouri that has a contract lobbyist working on humane issues at the capitol. If you belong to a local humane organization ask that they too hire a contract lobbyist to help represent our furry friends in Jefferson City. There is strength in numbers!
The reality is that politicians are still wary of addressing animal issues because of the success of animal use groups like the sportsman's alliance. The more politicians hear questions and concerns from voters about humane issues the more likely it will raise their consciousness and cause them to address the issue. Go to town meetings politicians are hosting and ask questions about their record on animal issues. A national PAC, www.humaneusa.org, is trying to get animal welfare on the political radar screen. There are a few animal welfare state PACs and 501(c) 4's like Julie's group in Connecticut or Humane PAC in Illinois. These groups are trying to accomplish similar goals and deserve support.
Comment from Tom:
I would like to thank Ledy for highlighting the problems we face in Missouri.A friend recently stumbled on to another Yahoo Group called Pet-Law. He joined the group with the hope that aids could be found to assist in counter acting Breed Specific Legislation. Turns out Pet-Law is a group of Animal Use Folks and select Breeders who are highly organized and very vocal against any changes in ordinances anywhere.
We have dealt with these folks in Missouri for years:
MOFed http://www.mofed.org
NAIA http://www.naiaonline.org and the NAIA Trust http://www.naiatrust.org
According to recent emails they are starting to organize groups for each state to counter act what they see as the erosion of their personal freedoms to use animals as they see fit. Be prepared for resistance but don't give up.
If you live in Missouri consider joining Missouri Alliance for Animal Legislation, http://www.maal.org. They have been working in our state's capital for improved animal welfare for several years now. They can tell you who the players are, what bills are being considered and any unwanted attachments. If you are considering county or citywide legislation they might be able to provide some direction as well.
Thank-you Julie and Ledy for making this important information available to us all.
Comment from Celeste in OR:
The Humane Society of the United States, in conjunction with the Fund for Animals, puts out a Humane Scorecard, which effectively 'grades' politicians on how they have voted on animal issues. http://www.hsus.org/ace/14568. Thanks to Kelly Peterson of HSUS for bringing the scorecards to the Lewis & Clark School of Law's Animal Law Conference in Portland last October.Knowing what language to put in a bill and finding good existing samples
Question from Cindy:
How do you know what wording to put in legislation to make sure you are getting good bills and not adding something in that you don't want or that could be misinterpreted? We would love to take on legislation allowing feral cat caretakers to feed and care for colonies but don't want to put in something that would allow animal control or the City to have access to all the locations or would require licensing. Is there one location we can find good animal bills on different subjects all in one place?Response from Ledy:
Drafting legislation is always risky. Inevitably there is something you miss during the drafting process that you have to revisit. You simply have to run a clean up bill the next year to address it. Getting a clean up bill passed is usually pretty easy compared to substantive legislation. The reality is that you and other lobbyists or lawyers can read a bill 100 times and still miss something. It happens.Thanks so much for caring about ferals. (Ferals like pit bulls are pariahs.) One of the problems I've seen are municipalities and counties reluctant to allow feral cat colonies for fear they would somehow be liable if someone were injured by a feral. To quell these fears state legislation is needed to make sure the cities, counties or caretakers could not be held liable.
Alley Cat Allies would probably have a good idea of what city ordinance is effective for ferals. HSUS might be able to help too. I believe Santa Clara County, California has a feral ordinance but I'm not sure how effective it is. Good luck!
Response from Julie:
You've put your finger on a serious risk. Even if you come up with the right wording, there is no guarantee and much risk from lawmakers altering the "language" you submit with language that allows what you want to avoid. Bear in mind that the primary interests of state and local administrative agencies, such as Public Health and Animal Control, are control and wanting access. Lawmakers, local and state, tend to get many complaints from constituents about the neighbor's cats on my property, etc., so you may be treading in dangerous waters.But, first, do you know the legislative process? Do you have relationships with the chairs of the key legislative committees? If not, you must learn the process and find your way to the chairs. If they are supportive, they can help you with language. You don't want to "open up the statute," thereby providing opportunities for harmful amendments, without first having enough knowledge and judgment to assess the risk. Definitely, you should confer with your own state senator and state representative, after learning his or her committee assignments and rank on those committees and political party affiliation. (Add a grain of salt. Just because a lawmaker says he or she will help, or says your bill "sounds reasonable," doesn't mean the lawmaker has any capacity to protect your bill from harmful language, and he or she has not yet been bombarded with counter-arguments from state and local agencies).
Also remember that this is an election year, so these folks are extremely busy right now, and may be assigned to different committees during your next legislative session.
Regarding existing laws, do you mean all laws in your state or nationally? In CT we have a law that allows towns to require feeders to apply to the town for a permit to maintain a feral cat colony. The feeders must spay/neuter/vaccinate. Of course the town can than prohibit the colony if the feeder is unable or unwilling, or can't control the cats and neighbors object, etc. (This is called "enabling legislation: it allows but does not require towns to create such a process.) This is a double-edged sword, as you've already figured out. On the plus side the cats can be sterilized and vetted through the state's low cost spay/neuter program.
For laws in your state, ask a librarian at a law library how to find all state laws and regulations (the latter are very important) regarding animals, and be sure to look in the index under different subjects. Check your state government website to see if you can find information on a state law library. Of course any lawyer's office has them. Try the Humane Society of the US, Alley Cat Allies, and the ASPCA for information on laws and ordinances (a county or town law) in other states.
More on lobbying as a 501(c)(3)
Question from Janet:
I'm still a bit confused on what a 501(c)(3) can do for lobbying and what they can't. If we make a 501(h) election, are we still a 501(c)(3)? What do you mean when you say the substantial part would be based on the amount spent? Does that mean we can send all the e-mails we want and say anything we want to people we're in contact with if we don't contribute any money to a campaign? We are a nonprofit 501(c)(3) organization and would like to work on legislation that would introduce a state animal friendly license plate where the money raised would go to spay/neuter for those on public assistance. We need a certain number of signatures or $2,000 to bring this to a vote. Is this something we can actively pursue and lobby for as a 501(c)(3)?Response from Ledy:
Yes, the tax law is very confusing. You are still a 501(c)(3) even though you make a 501 h election. (I'm an attorney, but not a tax attorney so I only have a vague understanding of the nuances of tax law.) Again, I strongly recommend that you read the Alliance for Justice publication on nonprofit lobbying. It is a GREAT guide and well worth the minimal cost.Yes, you can lobby as a 501(c)(3) for a pet friendly license plate. WWW.PALC.ORG would love to help I'm sure; they are the experts when it comes to license plate programs. The problem is figuring out how much time and money you can spend on lobbying. Again lobbying cannot be a substantial part of your 501(c)(3) activity. The Alliance for Justice publications will help you figure out how much lobbying you can do. If you read their publications and still have questions about the tax code contact your organization's attorney. Good luck and let me know if there is anyway the ASPCA can help!
Response from Julie:
Since you're have a 501(c)(3), will you consider forming an auxiliary 501c4, so you can do all you want and need to do without restrictions? Once you do so, you'll wonder why you didn't do so ages ago. You'll be able to organize and function politically, recruit members for political, legislative purpose, send meaningful endorsement questionnaires to candidates, and endorse. I would be glad to advise you. Contact me at jlewin@igc.org. I think a c3 can send emails galore, but time spent on preparing them, answering them, etc. must be considered part of your dollar limit on lobbying.On what would the $2,000 be spent? Is this simply your estimate of costs to you for advancing the issue, or some sort of state fee? I'd really appreciate your letting me know. Good luck!
What about enforcement of laws?
Question from Sherry:
My concern with legislation is that it seems that there is such a problem with enforcement. Even if we get mandatory spay/neuter passed or tougher cruelty laws, our state doesn't have the people or agencies to enforce the laws as they are written now, so would be hard pressed to deal with stricter or new ones. So it seems that unless there is a way to enforce legislation, it may be more important to focus on creating local programs and resources first before attempting legislation. I'd be very interested to hear your thoughts on this.Response from Ledy:
You are correct. Many officers and state's attorneys are reluctant to enforce animal cruelty laws. Luckily T.V. shows like Animal Precinct have raised the public and law enforcement's consciousness, so more enforcement is occurring. More and more humane groups are doing outreach and training for police officers. The ASPCA has a booth at the Midwest Police & Security Expo next week to educate officers about the need to fully investigate animal abuse. I'm also presenting a course on animal cruelty laws there.It's the age old question - what comes first, the chicken or the egg? Should you try to increase the cruelty penalties to stimulate enforcement or should you get enforcement of existing laws first?
As an attorney, my impression is that cops like to enforce felony laws. Tactical teams love to go after felony cases; it creates impressive stats. The ASPCA's philosophy is to get good laws passed and then work on law enforcement training. (The new laws justify the need for training.) This strategy is working in Illinois. The ASPCA worked with numerous humane groups to get the cruelty penalties increased in Illinois and a companion animal hoarder law on the books. Now we are teaching the laws to cops through the Illinois Law Enforcement Training and Standards Board and have our new Illinois cruelty investigation handbook up on the Regional Institute of Community Policing site. Go to http://ricp.uis.edu/Communicators/ILLawManual4.pdf to download a copy.
In New York, Humane Law Enforcement Officers teach animal cruelty investigation at the police academy.
The ASPCA hopes to help expand outreach to law enforcement officers across the nation. Please contact me if you need any ideas for local training, and I'll try to help.
Another resource is In the Line of Duty. In the Line of Duty has produced a special issue tapes you can buy on investigating animal cruelty to show to police officers. Their website is www.lineofduty.com. It's very graphic, but makes a very strong impression on the police officers.
Response from Julie:
Your question is well founded, and it needs several answers.First, many or most laws enacted by a state legislature are enforced at the county or municipal level. This means that local voters (I'll bet by now you knew I'd write "voters" rather than "animal advocates" or "people") can put political pressure on local government for enforcement. If you have not done so, please read my answers to previous questions, in which I explain how easy it is to exert political pressure on local governments even when you have only a small number of politically organized animal advocates.
For laws that are enforced by state agencies, never forget that agency commissioners are appointed by the Governor and serve at his or her pleasure. CT example: The first year John Rowland was elected CT's Governor his winning margin was very small. He won by securing the endorsement of the hunting lobby, and the hunters' votes put him over the top. Hunters are fewer than 2% of CT's population, yet they elected Governor Rowland! (Of course, not all the hunters voted, but even so the hunting lobby put him over the top.) Payback was his choice of Wildlife Commissioner. Predictably, he appointed a hunter who committed much time and resources into trying to expand hunting and trapping opportunities for hunters (even though while a Congressman he had pledged to support a ban on leg hold traps). I doubt there's a state in all the United States that could not form a voting block of animal advocates that could threaten to swing an election. Because of your having an endorsement process (which charities cannot do) and organizing politically, your governor takes care of you, needing to secure your support for future elections.
About your wondering if it makes sense instead to concentrate on local programs and resources rather than state legislation. I hope you mean organizing politically at the local level! So few people vote in local elections, so many more could register and vote, that we have extraordinary potential to demonstrate to local governments that we can swing elections. It doesn't take that many people! If you have a "day job," organizing politically in your county or municipality and lobbying your local government for ordinances and policies that reduce homeless pets by requiring spaying or neutering (such as cracking down on people who abandon cats who then breed and/or become feral, strengthening adoption requirements, strengthening animal cruelty and neglect laws, etc.) is doable! And if you achieve groundbreaking ordinances in your county or city or town by organizing politically, No More Homeless Pets Movement advocates in neighboring counties or towns will follow suit. Also, when introducing state legislation, it's highly reassuring to state lawmakers to be able to demonstrate that such a local law works well.
Remaining unemotional and professional when speaking to Council
Question from Barbara and other members:
How important is it to remain unemotional when speaking at a council meeting, or meeting with a councilperson individually? Our county commission is entirely male and conservative, so I would think the ideal lobbyist would be male, but in the absence of that should I begin the lobbying process in conservative clothing and with an unemotional demeanor?Also, how much information should you give council members about an issue? I don't want to overwhelm them with materials but want them to have a good background.
Response from Julie:
I'm very, very glad you asked these questions. I treat them significantly in my NIFAA trainings to animal rescue, welfare and rights advocates. Of course one must remain unemotional and professional. This is completely true when your council members are "entirely male and conservative" as you describe, or female and liberal. Being emotional puts their backs up, causes lawmakers (in fact, most people) to pull back, literally. It also reveals that the advocate is an amateur, one who does not understand the political dynamics of how a proposed bill, ordinance, regulation or policy is enacted or adopted in the particular law-making arena.Yes, dress conservatively, like a high-powered professional. Speak succinctly:
There is a problem in the county that needs their attention. A county ordinance is the appropriate remedy. It would dovetail well with state laws on the subject. It would be enforced by ___ and would not cost the county money. Similar ordinances have worked well in counties elsewhere in the country (if true).
The paragraph above partially answers your second question about how much information to give them. The answer: as little as possible to make your case that the problem is local, it's appropriate that the council address it, and that an ordinance is not radical. In my experience giving councilors a heavy packet of information, for example, from lots of national organizations is a no-no. (Exceptions, ordinances on the issue that you like that have been adopted elsewhere, preferably in the same area of the U.S.) Include a very limited quantity of such information at the bottom, but the top must be local data and other information. Make it very short, concise, in memo form. Crystallize it. Often you get your foot in the door with the very least information, you fail to open it with a lot. If you get serious initial interest, then you meet with the most interested councilors, showing what info you have and asking them what to include for your general lobbying efforts.
Barbara, face the fact that the strongest factor in determining a lawmaker's decision to support or oppose an issue is not its merits, it's whether support or opposition could have an impact on the lawmaker's next election. As per my previous answer for this Forum, animal advocates have enormous, tragically untapped potential to do this, because voter turnout is so very low in most counties. You can be seen to have the potential to turn out more voters on Election Day. I formed NIFAA, The National Institute for Animal Advocacy, to provide training to advocates such as you, so you can really kick butt for animals in your county, with a friendly smile. Do you have colleagues who will join you in your lobbying efforts?
Response from Ledy:
Remaining logical is everything. Never yell at a meeting no matter how much you want to. Never, ever cry at a public forum. Becoming emotional gets your issue nowhere and you'll look like an idiot in the media. Don't make it easy for people to dismiss you as a "humaniac". Dress professionally for these meetings. Be courteous and charming. Wear a jacket - absolutely no t-shirts. If you need a show of public support, tasteful buttons can get the point across regarding your numbers in attendance. Go to political fundraisers and be sure to wear your campaign issue button; it will make an impression and possibly stimulate conversation and change. It's harder for politicians to vote against contributors or campaign volunteers.Listings by state of legislative humane groups
Question from a member:
I am familiar with the work of the Missouri Alliance for Animal Legislation. I was wondering if there is a listing anywhere of their counterparts throughout the country, with contact information. I talk with other groups and animal welfare friends in other states, and they ask me whom to contact in their state. I don't have a clue.Response from Julie:
If I had another day to answer.... There was a website which had a number of groups, but I'm blanking out. Their are few political organizations for animals, but the number is growing - hurrah!!! (NIFAA graduates have gone home to their states and counties to launch some!) Political organizations generally must register with their state governments in some way. If they are incorporated, there will be entries with annual renewals. The appropriate state agencies may vary. Advocates can flip through their blue (government) pages of their phone book and call a number for a referral. They can go to the website for their state's Secretary of the State. If a political group lobbies their state legislature, the group also may need to register with a state agency that requires lobbyists to register, so these agencies also are a good place to look. These approaches certainly will locate such groups.Response from Ledy:
The ASPCA has 5 legislative liaisons for each region in the US. Most of the liaisons are attorneys. Julie Janovsky and her crew with HSUS works on state legislation nationwide. You can have them either email me or Julie and we'll try to get them the appropriate contact information for that state. Networking is crucial.Comment from Madelyn, New Jersey State Coordinator:
I've been reading your forum carefully as I am most interested in supporting animal legislation as a means of making things better for animals. You mentioned Julie Janovsky of the Senior State Legislative Specialist for the Humane Society of the United States who facilitates people working with their state legislatures. However, I wonder if you are aware that the Humane Society of the United States and The Fund for Animals have jointly created the Humane Activist Network to encourage grassroots animal legislative efforts? This vast network contacts legislators when critical animal issues are up for a vote. Anyone interested can contact grassroots coordinators John Goodwin or Andrea Kozil at jgoodwin@hsus.org or akozil@hsus.org.Competing with human issues for legislators attention
Question from Amy:
How do we compete with human issues? All I ever hear when talking to City Council or our Commissioners is that there are so many more pressing issues like healthcare, budgets, and education. Yet then they tell us that when an animal issue comes up, they get more calls and more people attend the issue than any other issues. So they should see people care about animals but they still don't seem to take our issues seriously. What are the keys to getting them to see helping animals benefits them?Response from Julie:
You can compete with human issues very, very easily, if you organize politically. This is quite easy to do at the municipal and county levels. All those phone calls, letters and emails lawmakers get from animal advocates don't put us in the game because we are a politically unorganized, uninformed mass. We don't have political organizations, voting blocks, which provide accountability between the lawmaker and his or her own constituents who care about the issue. A voting block is:1. An accountability delivery system through which the lobbying entity reports back to constituents who care about the issue exactly how their lawmaker votes on the issue at every step of the lawmaking process.
2. The lawmaker knows in advance of voting on the issue that his or her politically organized constituents are going to get this information.
3. The lawmaker knows that many or most of these politically organized constituents will base their decision on whether to vote for or against him or her the next Election Day. (And of course they talk to their family, neighbors, office mates who are voters.)
So few people are registered and vote in city and county elections that a voting block can become extremely powerful in them by enlisting small numbers of people. The whole point is that the voting block can affect the arithmetic of the lawmaker's election. Political axiom: Politically organized minorities drive laws and policies on their issue because every lawmaker knows that the politically organized minority could swing his or her next election.
People everywhere love animals. Everywhere there are young people turning 18 who could be motivated to register and vote.
For example, say only 25% of people in the district who legally could register and vote do so. Say the potential universe of voters in the City Councilor's or County Commissioner's district is 5,000. Maybe half are registered. Only 25% (1,250) of the 5,000 voted in the last election. The winner received 775 and the loser 475.
The winning margin was 300. The loser could have won in three ways.
1. By receiving 151 of these votes (from an endorsement from a political group for animals?)
2. By drawing 300 votes from the 3,750 people who did not vote (from an endorsement and voting registration drives by a political group for animals?)
3. By a combination of 1and 2.
Once you get organized, not only do lawmakers support you, they "feed" and court the issue group in many ways. It's a symbiotic relationship. The lawmaker supports the voting block, knowing the voting block will reliably turn out their voters on Election Day.
Some of our most supportive lawmakers don't really care about animals. Caring about getting re-elected is enough! This is how every successful issue group functions. Tragically, we are so far behind where we could be for the animals. I founded NIFAA (The National Institute for Animal Advocacy) to provide political training to animal advocates so they can launch a voting block in their own jurisdiction as efficiently and quickly as possible. Do contact me at jlewin@igc.org, or 203-453-6590.
Response from Ledy:
There are a lot of pet owners or animal guardians out there. The majority of pet owners consider their companion animals to be members of the family. Responsible pet ownership should be included in family values that politicians love to talk about.The real key is to organize and mobilize pet owners so the city or county council members will take animal issues seriously. Go door to door in the politician's neighborhood and ask their neighbors to speak with them about the issue. Find out where they get their haircut and speak with the barber or beautician about the issue. If they own a pet approach their veterinarian or groomer. Hand out informational flyers at the local supermarket with all the commissioners phone numbers on it and ask folks to call their city council member. Polite phone calls really do make a difference.
There is a wonderful book by Saul Alinsky (one of my heroes) called Rules for Radicals. It's a great short read and helps organizers get their issues to the forefront. Good luck! Remember be a pit bull and don't give up!
Overcoming powerful lobbies against us
Question from Christy:
I live in a Midwestern State where the Farm Bureau and hunting lobbies are very strong and established. Legislators are very careful about not supporting anything where it may lead to "animal rights." Even when we tried to update our cruelty laws, we almost failed because they were concerned it could be a slippery slope leading to outlawing pets or eating meat or doing animal research. We just wanted to make it more of a penalty to abuse an animal than park a car going the wrong way on a street!We finally got it through, but it was so stripped down to get the Farm and hunting lobby support - hunting dogs were not included and neither were farm animals - that many people didn't even feel it was a victory. Even if you get animal lovers support and form blocks, how do you go against established lobbies that dominate the Legislature and have their trust?
Response from Ledy:
Strategy and perception is everything. There are fewer and fewer family farms yet the farm bureau lobby remains extremely powerful because they usually have a full-time lobbyist or a contract lobbyist representing them at the state capitols. The same is true for the hunting lobby. The NRA lobbyist is almost always present when a legislature is in session.The more animal welfare groups regularly employ lobbyists and have a consistent presence at the capitol, the more animal welfare laws will be passed. Good lobbyists can make or break an issue and they really aren't that expensive to hire. Progressive animal welfare organizations need to have a lobbyist on staff or hire a contract lobbyist to help effectuate change. The farm bureau, pork producers, beef council, dairy council, NRA, and insurance industry understand the importance of having a lobbyist at the capitol to safeguard their issues. It's time the members of the animal welfare community did as well.
If your organization or even an individual humanitarian decides to hire a contract lobbyist to work on animal welfare issues, be sure to do your homework. If most of your bills are going to go through the Agriculture Committee hire a lobbyist who has gotten bills through that committee not some high-priced urban lobbyist who has never run an Ag bill. (The amount a lobbyist charges does not necessarily indicate effectiveness on an issue.)
Bottom line: research before you hire! Ask other group lobbyists and legislators whom they would recommend. When the same name keeps coming up, approach that individual. If a university offers it, attend a lobbying class. Ask the instructors who would be a good lobbyist for animal welfare issues. Your goal is to find the most effective lobbyist in that state capitol for the best price. One caveat, find out who the lobbyist's other clients are BEFORE you hire to avoid conflicts of interests. (Just because a person lobbies for a group like the veterinarians, doesn't mean he/she will be a good lobbyist on your spay/neuter issue.) Conflicts of interest can arise. You don't want your contract lobbyist selling the animals down the river because he or she also represents a higher paying client, and does not want to alienate them.
Response from Julie:
Farm Bureaus and hunting lobbies are very strong politically in every state legislature, the only question is how strong. And they are politically organized examples to us! There is no question we can make serious inroads into their influence by organizing our people as they do. These are political realities which demand political remedies, and there is no doubt that every state in the nation has large numbers of politically unorganized animal advocates who could be brought together into a voting block that neutralizes some of these lobbies' power.Getting people involved politically when they are so busy or turned off
Question from Megan:
I have found that it is very difficult to get animal people involved politically. Many are so busy with day-to-day care for animals, and they find politics to be "dirty" and think it won't make a difference, or they are overwhelmed by the process. I have a friend running for a local office that is a complete animal lover and I couldn't even get other animal lovers to come to a house party to learn more about her and support her. How do you go about getting people to understand the importance and feel that they can make a difference when they have either lost hope or don't understand it?Response from Ledy:
Life is politics. If we as animal welfare advocates truly want to effectuate long-term humane changes, we are going to have to start relating to people in power or become the politicians and run for election. The "I don't vote" bunker mentality negatively impacts animal welfare. It's up to every humanitarian to sit up and speak for animals in the political process.Unfortunately, the reality is that saving little animals is sexier for most of us than lobbying. (Politicians rarely purr.) However, volunteering in election campaigns and going to fundraisers to talk animal issues and support animal friendly candidates is as important to the animal welfare movement as volunteering at shelters or fostering animals.
It's the vision thing. It's up to you, as a lobbyist, to employ your best persuasive skills to get individuals and established humane organizations to see the big picture - politics matters! Just as Moveon.org is incredibly successful in organizing young voters, we as humanitarians can begin mobilizing humanitarians and engaging them in the political process. Never underestimate what you can do!
Response from Julie:
How sad but true. I find that people who have never joined or been affiliated in any way with animal organizations are often more responsive. Think outside the box! If you have enough information to endorse a candidate or candidates, you can publicize the endorsement(s) to your regulars as well as to newcomers you find through tabling, etc.Many of these people will vote anyway, so distribute your endorsement(s) to them and it will have an impact.
Eighteen-year-old, new voters are a great source of potential support! You can obtain their names and addresses every couple weeks from your local Registrar of Voters and mail them your endorsement. This is nearly political dynamite, as lawmakers will hear about it and pay attention! But remember you don't need many people to be taken seriously by an incumbent lawmaker or new candidate. The most important features for them are that you are not hit and run, that you'll be around for a while, and that you know how to find these voters (as in 18 year olds). And that you keep signing up new names.
Another way to get this attention is to have petitions personally made out to a specific candidate or incumbent only and have only constituents sign it (by tabling, etc.) This too is a fantastic way to be taken seriously. I explain this in one of my first answers this week.
All the best, call me if you want to discuss jlewin@igc.org.
