The Thicket at State Legislatures

Delawarisms

by Karl Kurtz

Body Parts People. A collection of organizations like the heart association, lung association and cancer society that join forces to lobby for health measures, such as the smoking ban. Their selling point is their virtuousness, which is second only to Mom and apple pie.

Leg Hall. Legislative Hall [photo], the center of Delaware's political universe in Dover. Its shorthand name is pronounced the way the Body Parts People would.

These are two of the delightful legislative localisms you can learn about by reading Delaware Grapevine's "Legislative Lingo."  Many of the terms in this article, like "just housekeeping," "player" or "wired," are not localisms but part of legislative parlance everywhere.  But many others like "body parts people," "Big Head," or "Thurman's office" are unique to legislative life in Dover.  We're delighted to add these to our own collection of legislative localisms.

We continue to welcome readers' contributions of their own legislative lingo.

Happy 2nd Birthday to Us

by Karl Kurtz

The Thicket turns two today.  As we did last year on our first anniversary, we want to mark the occasion by sharing a few statistics with you.  In the last year we have posted 232 items, an average of 4.5 postings per week or about one every working day.  According to Google Analytics, we have had 35,796 absolutely unique visitors who have made 49,769 visits to the site and viewed 76,448 pages in the course of the year.  In simpler terms, we get an average of more than 4,000 visits a month to The Thicket.

Our Technorati authority score, which measures how often other blogs link to yours, has declined significantly in the last year from a ranking in the top 50,000 of all blogs to #242,623!  We're not entirely sure how to interpret this, but we think it means that the world of blogs continues to explode, while our market niche--by and for legislative junkies--remains relatively small.  Nonetheless, we're proud of what we do, we get lots of positive feedback from fellow legislative junkies, and we're ready to continue our habit for a third year.

Your comments and suggestions about The Thicket are welcome.  Many of our best posts come from the tips that our readers give us or the questions that legislators and legislative staff ask us, so keep them coming!

Students Speak Up in Texas

By Jan Goehring

Many state legislators want to hear from young people and have developed some creative avenues for students to give their input. Texas State Representative Susan King recently started Speak UP! a pilot program to connect students in her district with the Legislature. In a school Speak UP! session, young people are encouraged to talk about issues that are on their radar. It's a way for them to learn how to communicate their concerns and ideas.

As reported in the Abilene Reporter News, King's first meeting with a group of students at Abilene High School included discussions about a school fitness test and facial piercing. It was so successful that she was invited back for more sessions. King may want to connect students from other schools via a network video system in the future.

The Well of the House

by Karl Kurtz

The information request of the day at NCSL is, What is the origin of "the well of the house?"  Legislative junkies know that the "well" is a term that many legislatures use for the area in front of the speaker's rostrum from which members address the chamber, as shown in this photo of the U.S. House of Representatives.  (Some senates also refer to the well but less often than houses, because the smaller size of senates means that members often speak from their own desks.)  But where does the term come from?

I began researching this issue by looking in dictionaries. Interestingly, none of the unabridged dictionaries that I checked give a definition of "well" that relates to a legislative chamber.  Googling "the well of the house" generates lots of references to the term, including a nice description and photo from Arkansas and this musical note from Pennsylvania: "Leopold Stokowski once conducted the Philadelphia Orchestra from the well of the House."  But Google doesn't produce an online dictionary definition of "well" that mentions legislative chambers, much less any clues as to its derivation.

The closest thing to a dictionary definition of "well" that relates to legislatures comes from the Oxford English Dictionary (the full version that I have at home and have to read with a magnifying glass, not the online compact version), which provides one meaning of the word as "The space on the floor of a law court (between the judge's bench and the last row of seats occupied by counsel) where the solicitors sit."  That's pretty close to the legislative version of "well."

I consulted with John Phelps, former clerk of the Florida House, and Alfred (Butch) Speer, clerk of the Louisiana House, about this question.  Together we have some ideas but no definitive answer to the question.  John said that he had once asked the U.S. Architect of the Capitol this question and was told that they had nothing in their files on the origin of the term.  So here is our speculation.

What Happened at NCSL's Spring Forum?

By Meagan Dorsch and Michelle Blackston

How can states address their educational capacity for training nurses? What effects do immigration raids have on families and how can child welfare agencies be prepared? Plus, the U.S. Supreme Court will hear a case from North Carolina during its next term that could dramatically change the rules for 2010 redistricting for all states.

These are just some of the sessions held last month at NCSL's Spring Forum in Washington, D.C. This year, more than 600 state legislators and legislative staff were able to attend. 

Listen and enjoy over 12 different sessions highlighting federal and state policy issues ranging from health care and REAL ID to the 2008 Elections.

If You're Bored with Analyzing Bills...

...try a little humor.  This from Steve Wiegand's column in the Sacramento Bee today:

The lot of a committee consultant is not an easy one. He or she must slog through mounds of bills, study the contents, and then make them understandable for even legislators and journalists.

So one appreciates the little gems of humor that now and then make their way into a bill analysis. Like the one prepared by Senate Local Government Committee analyst Brian Weinberger for AB 1856. The bill would allow the Elsinore Water District's board of directors to hold its public meetings outside district boundaries in order to accommodate larger crowds.

Weinberger headed his "comments" section of AB 1856's analysis "Horseshoes, hand grenades and public meetings," and wrote "regardless of the admonition that 'close only counts in horseshoes and hand grenades,' the Elsinore Water District ought to be permitted to conduct its board meetings close to the District's boundaries."

Admirable work. And as his Shakespeare-minded colleague Peter Detwiler points out, restrained, too: Weinberger could have referred to the small SoCal town of Elsinore as a "hamlet."

2008 Exclusive Election Preview

by Gene Rose & Tim Storey

The 2008 presidential election “may mark a shift” in how America chooses its presidents, according to one of the country’s most respected political analysts.

John Harwood, CNBC Chief Washington Correspondent and a political writer for The New York Times, this morning spoke at NCSL’s “Legislative Leadership: The Art, The Politics, The Challenge,” taking place at the St. Regis Hotel in Washington, D.C. He is the co-author of  a soon-to-be-released book Profiles in Backroom Power, which shows “how today’s Washington power game really works, through stories of people who are making a difference on Pennsylvania Avenue.”

State legislative leaders got an exclusive preview of Harwood’s book, which he will be promoting over the next few days on Meet the Press, Charlie Rose and the Daily Show.

Harwood pointed out that when Ronald Reagan was elected president in 1980, there were about 200 U.S. House districts that split their vote between a Republican president and a Democrat running for Congress. By George W. Bush’s run for reelection in 2004, that number was reduced to 50, politically polarizing the country.

“The electoral map is going to change,” he says, since the 2008 election pits a conservative vs. a liberal. “I think we are going to see an election that is going to be fought much more in the middle” than in previous elections. “Either one of these guys can break the gridlock that we have seen.”

Part of that will be seen on the campaign trail, since he does not see either candidate running a “slashing” campaign. Harwood says the general election will be as interesting as the primaries have been.

John McCain, who was considered politically dead at one point in the primaries, will run a much different campaign than Bush did, Harwood says. His reputation as a maverick is going to have appeal to some voters like those in New Hampshire where McCain is polling well. On the other hand, Barack Obama is going to have a greater capacity to compete in states like Colorado and Virginia. However, “The race problem that he will have might be greater than we have anticipated,” he says. McCain will face concerns about his age, he adds.

Republicans face the greater challenge in the fall, he says. “It’s a terrible environment” for the GOP, he says. While Obama will begin the general election with some damage with his fight with Hillary Clinton, Harwood says polling shows the American people feel  “lousy” about the economy and the Iraq war.  Many strategists feel that Republicans need the president to raise his popularity rating from the low thirties into the forties, he says.

Harwood says a choice of a running mate will be an important decision for the candidates. He says potential running mates for McCain include Louisiana Governor Bobby Jindal, Florida Governor Charlie Crist, South Carolina Governor Mark Sanford, Indiana Congressman Mike Pence and Minnesota governor Tim Pawlenty. Possible Obama running mates are Indiana Senator Evan Bayh, Delaware Senator Joe Biden and former Iowa Governor Tom Vilsack. “But the name I hear the most” is former Georgia Senator Sam Nunn, he says.

Harwood says he was pleased to be speaking to a group of legislative leaders. “I think state legislative sessions are the most fun journalistic event that I know of,” he says. Harwood covered the Florida legislature in Tallahassee in the 1980s. Legislatures are “a place to see democracy in action.”

They had State Legislative Primaries in Indiana and North Carolina, too

by Karl Kurtz

Before the Indiana primary election on Tuesday, there were complaints that news about the hotly contested Democratic primary race for governor (narrowly won by U.S. Rep. Jill Long Thompson) was swallowed up by the hoopla over the Clinton-Obama battle.  Imagine trying to find out what happened in the state legislative primary elections in Indiana and North Carolina held on the same day as the presidential primaries. 

After two days of searching I found a report in the blog, taking down words, that Rep. John Ulmer (R) was the only incumbent legislator who lost in Indiana.  [May 9 update: Rep. Greg Simms was also defeated in the primary.]  Four Republican senators (including NCSL stalwart Beverly Gard) who had unusual primary challenges based on their roles in property tax legislation won easily.

In North Carolina four incumbent House members were defeated: Democrats Mary McAllister and Drew Saunders and Republicans Joe Boylan and Karen Ray.

Footnote to the Indiana election: we wrote last week about the Supreme Court decision in which three of the six judges in the majority said that the reason they voted not to overturn Indiana's voter photo ID law was that there was no evidence that anyone had been denied the right to vote by not having a valid ID.  Yesterday, the AP reported that 12 nuns, all in their 80's and 90's, some with expired passports and none of whom drive, were turned away from the election boot for lack of a valid photo ID. Would a case like that change the Court's decision?

Bill Russell Day in Vermont

by Karl Kurtz

The Vermont General Assembly recently honored Bill Russell, the longtime director of its Legislative Council who has announced his retirement at the end of this legislative session, by declaring May 1 to be "William Russell day."  Bill was Staff Chair of NCSL in 1990-91 and has been a good friend for a long time.  Here's the text of the resolution:

H.C.R. 332

House concurrent resolution honoring William Paul Russell’s extraordinary legislative staff service and declaring May 1, 2008 as “Bill Russell Day” in the general assembly

Offered by:  All members of the House

Offered by:  All members of the Senate

Whereas, in 1913, the legislature enacted Act 14 providing for the governor to appoint, and the senate to confirm “two men of legal training and practice, who have had legislative experience” to serve as the revisers of bills presented to either branch of the legislature, and

Whereas, this institutional organizational arrangement has since evolved into the legislative council as it exists today and as provided for in Title 2 of the Vermont Statutes Annotated, and

Whereas, in 1972, the general assembly exercised wise judgment when it hired William Russell, a graduate of Cornell University and Georgetown University Law School, to serve as director and chief counsel of the legislative council, and

Whereas, Bill Russell’s special gift was his appreciation and understanding of the legislature’s role in our system of government and his strong command of its intricate rules and procedures, and

Rules of Legislative Conduct

by Karl Kurtz

Colorado Senate Majority Leader Ken Gordon passed out these thoughtful suggestions for future legislators to his fellow senators yesterday on his last day of his last session in the Colorado Legislature (he is term-limited):

Gordon's Rules of Legislative Conduct
(Suggestions for future legislators)

1.  Think for yourself. If you don't have any internal values that inform your conduct here, find another occupation.

2.  Leadership: You can't always be liked and always do the right thing. If you don't have the courage to sometimes do the right thing even though it will anger some person or support group, you should find another occupation. If you don't have courage, you may be an elected official, but you are not a leader.

3.  If you are in the majority and you can't pass a bill that you want to pass without abusing the process, then you shouldn't pass the bill.  If you can’t kill a bill that you want to kill without abusing the process, then you shouldn’t kill the bill.

Judges Jam up Lawyer-Legislators in New York

by Karl Kurtz

In a tangled web in which it is difficult to sort out fact, fiction and rumor, New York State judges are jousting with the Legislature over a pay raise.  Neither state judges nor legislators have received a pay raise since 1999.  The state Senate passed a pay raise for judges in 2007, but the bill did not make it out of the Assembly, purportedly because Assembly members want their own pay raises tied to the judges'.

State judges are angry over the failure to get pay raises and are striking back.  Chief Judge Judith Kaye has filed a lawsuit against the governor, Speaker Sheldon Silver (photo) and Senate Majority Leader Joe Bruno demanding a pay raise.  The attorney general, Andrew Cuomo, has declined to defend the governor and legislators in the case, so the state is hiring outside counsel.

Recently a number of judges trying cases in which New York legislator-lawyers--or their law firms--are appearing have recused themselves because they say that they are so angry over the pay raise issue that they would not be able to rule fairly.  At least some of them have said that this is a deliberate effort to slow down the process and punish the legislators for their inaction, even though Judge Kaye has warned them against this tactic.

Now another judge in Erie County has filed a notice with the county clerk seeking advice as to whether Speaker Silver's law firm should be disqualified from participating in a multi-million dollar civil suit because of a conflict of interest resulting from the speaker being a named defendant in Judge Kaye's suit.  For his part, Speaker Silver, who is of counsel to the firm, says that he has no stake in his office's lawsuit and that the claim is irrelevant.

As is so often the case in New York, the focus of attention is on the top leaders of the Assembly (mostly in this case) and the Senate.  They are viewed in the media as being all-powerful, autocratic and to blame for everything that is wrong or (rarely) right.  This simplistic view of the power of legislative leaders overlooks the fact that Speaker Silver and Senator Bruno cannot and do not take action without support from their party's majority caucus.  On an issue as visible as the judges' pay raises, they would not remain top leaders if they did other than the bidding of their caucuses.  Lawyers make up a minority of the members of the Assembly and the Senate, so judges taking out their frustration on the lawyer-legislators seems misguided.

Oregon Ethics Law Results in Resignations from Office

by Karl Kurtz

[Note: Based on additional information received, this post replaces an original version published on April 28.]

A new ethics law in Oregon appears to have caused 150 local government officials to leave their jobs rather than comply with the rules, according to the Los Angeles Times.  The provision that has drawn the most ire is a requirement that all government officials, even volunteer members of certain boards or commissions, disclose not only their sources of income and those of their spouses and adult household member but also the names and addresses of all children and siblings who are not members of their household.

Whenever new ethics laws or rules are debated, it is often alleged that strict ethics codes will drive some incumbents from office and hinder recruitment of candidates for office.  Aside from occasional anecdotes about someone stepping down because of new rules or a potential candidates saying that they don't want to lose their privacy, there is scant evidence that this actually occurs.  So is the fact of 150 local government officials quitting their jobs in Oregon rather than comply with the new law a big deal and evidence that this measure went too far?

According to the story, Oregon Gov. Theodore R. Kulongoski is concerned about the problem and has convened a work group to review the rules, citing the need for "balance between a public official's public responsibility and their private life."

My colleague, Peggy Kerns, is quoted in the story as saying that the Oregon law is unique in its extent and reach.  Russ Kelley, spokesman for the Oregon speaker's office, says that the financial disclosure requirements for public officials have been in place for several decades without any problem.  The only thing different about financial disclosure in the new law is that it expands these provisions to a number of local governments that were previously exempt and adds the disclosure of the names of adult relatives.  While 150 or so local officials, mostly volunteer members of commissions, have resigned rather than file the forms, thousands of others have complied with the law. 

Kelley points out that commissions made up of volunteer appointees often have major impacts on public policy and should be held no less accountable than paid, elected public officials.  Nonetheless, he said that legislative leaders are considering the need to make some adjustments to the new rules in the next session.

Is Social Media Right for You? Know your limits!

by Meagan Dorsch

Know your limits: this is the philosophy that I apply to everything I do, whether it’s putting together a media plan or buying a bathing suit.

This is a philosophy I think we in the legislative community should adopt before incorporating social media into our communication plans. Social media is also known as Web 2.0. As I explained to my father, Web 2.0 is not an application you can download onto your laptop. Web 2.0, or social media, are terms referring to several on-line communications tools.

Blogs, podcasts and message boards are some of the hottest social media tools on the market: twittering and tweeting are not far behind! Many companies, including government organizations, are considering whether or not to use these tools as a way to communicate with employees, constituents and the public.

This week, I have been attending the National Association of Government Communications annual conference in Albuquerque, New Mexico. Several of the sessions being offered have covered social media and have been well attended.

For some government organizations it’s hard to think about using social media to communicate with the public. The CIA probably doesn’t want its employees blogging, but other government agencies have had a lot of success with these tools. Steve Crescenzo of Crescenzo Communications showed us a blog launched by the Transportation Security Agency (TSA) and a podcast produced by the U.S. Census Bureau.

So you may be thinking, “If the TSA has a blog, we should too.” Not the case my friends, know your limits!

Steve Crescenzo warned us you don’t have to use these tools just because they are out there. You should use them if they are:

• Engaging: the purpose of social media is to spark conversation in your on-line community. Be ready to hear feedback from the public both  good and bad.
• Entertaining: blogs started out as on-line diaries. Make sure they are written in the first person and have an element of entertainment. A podcast should sound like an old time radio show.
• And a good fit for your communications plan.

Keeping these three things in mind might help you decide if your organization, business or legislature should incorporate social media or Web 2.0 into your media strategy. If you do, these same three tips will help them be a successful and effective way to communicate with your employees, constituents and the public. And remember, know your limits!

Cutting Legislators' Pay

by Karl Kurtz

In "California panel looks at cutting pay of elected officials" in the Sacramento Bee last week, an anonymous NCSL spokesperson (my colleague Morgan Cullen) is quoted as saying that no state has reduced legislator pay in recent times.  How quickly we are proven wrong!  Yesterday's news from Florida reports that the budget deal negotiated by the House and Senate and scheduled to be ratified this week contains a five percent reduction in legislators' pay.  According to the St. Petersburg Times,

The 5 percent self-imposed pay cut for lawmakers is a symbolic gesture, intended as a sign that legislators, who make about $31,000 annually, are willing to share the pain of the worst budget year in decades.

The California story is based on two members of the California Citizens Compensation Commission, which has the responsibility to set pay for state elected officials, arguing that California legislators' salaries should be reduced for poor performance in managing the state's projected $10 billion deficit.  A followup story today debates whether or not the commission has the power to reduce salaries.  Proponents of the idea say that the commission's constitutional responsibility to "adjust" salaries means that they can move them up or down.

But Prof. Tim Hodson of California State University Sacramento, who had a hand in writing the 1990 constitutional amendment that created the commission when he worked in the Legislature, says,

It was never the intent of the Legislature or the people … to allow seven gubernatorial appointees the power to punish the Legislature because it is not doing what they would like them to do.

Thomas Dominguez, a commissioner who opposes reductions, adds, ""We didn't pick the legislators. It's not our job to evaluate their performance. That's the job of each voter." 

Plaintiffs Fail to Overturn Indiana Photo ID for Voters Law

by Tim Storey

On Monday, the U.S. Supreme Court ruled in favor of the state of Indiana in a case in which plaintiffs sought to overturn Indiana's requirement that all voters produce a valid photo identification.  In Crawford vs, Marion County Election Board the 6-3 majority consisted of three justices who said that the statute should be upheld, and three who said that this case did not produce enough evidence to overturn the law but that a future challenge was not out of the question.  The three justices in the minority said that the statute should be overturned.

Did the Court uphold the Indiana law?  Well, not exactly.  Given the mixed makeup of the majority opinion, the best we can say is that it was not overturned. 

There are three states (Georgia, Indiana and Michigan) that require a photo ID before a voter is allowed to vote or have their vote counted.  There are five other states that request a photo ID but will accept an alternate ID if the voter does not have one with a photo.  There are about 20 more states that require that voters produce some form of ID (with or without a photo).  For a complete rundown of voter ID requirements, go to this table on NCSL's website. 

More than 20 states considered bills on voter photo ID this year, and almost all of those bills are dead.  It is very unlikely that a state will enact a photo ID law before this year's fall election with the possible exception of Kansas, where a conference committee is considering two different versions of photo ID bills that passed each chamber.  The Supreme Court opinion will certainly lead to enhanced scrutiny of the photo ID requirement in this fall's elections.

In the nearly eight years since the election meltdown in Florida in 2000, perhaps no issue has gotten more attention in the election reform discussion than voter ID.  This seems ironic given that voter ID played almost no role in the Florida controversy, but that's how these things unfold.

Politics as Entertainment: Comedy or Tragedy?

by Gene Rose

Although Russell Peterson once worked as a stand-up comedian, he now doesn't see politics as a laughing matter.

Peterson has written a book, "Strange Bedfellows: How Late-Night Comedy Turns Democracy Into a Joke." In this Chicago Tribune article, Peterson says the cumulative effect of TV comedians treating all office holders as "corrupt, laughable, puffed-up egomaniacs" damages democracy.

I haven't read the book yet, but his point is one that we hear expressed from time to time. The Tribune article references a Pew Research Center for the People and the Press report that claimed one in five people aged 18 to 29 got their political information from late-night comics. Online debate raged on whether this is a good or bad trend.

We can't just blame the comedians though. A relatively small number of politicians provide the late-night comedian a generous source of material. The problem, as Peterson suggests, is that the entire public service industry gets painted with that large brush.

And still, politicians can't tear themselves away. This New York Times article provides a great glimpse on how politicians are trying to capitalize on the large audience television attracts. The article talks about the president being on Deal or No Deal and the Democratic  presidential candidates appearing on The Colbert Report before the Pennsylvania primary. Chicago Tribune columnist Phil Rosenthal wrote about how all three main presidential candidates taped messages for World Wrestling Entertainment's Raw program. Poynter columnist Al Tompkins points out comedians have been using politicians as foils for a long time.

We've discussed in this blog how the entertainment industry portrays politicians. Late night comedians are guilty of exploiting politicians for their own benefit. Does it hurt democracy, as Peterson and others have suggested? I suggest it does, especially when public servants provide the punchlines. However, the politicians who understand the power of the medium can use it as a platform to promote democracy. There are some good ones out there, but we could use a few more.

Civic Reawakening

By Jan Goehring

A new poll by Harvard University's Institute of Politics shows a civic reawakening by young people 18 - 24 years old. The Biannual Youth Survey on Politics and Public Service has been examining youth civic engagement since 2000.

The data indicates that young people intend to vote in the November election in significant numbers. Nearly two-thirds of eligible young voters plan to participate. This is consistent with a growing trend in youth voting that started in 2004 and continued in 2006. The issues confronting the country, the importance of politics following September 11, 2001 and new technological methods to communicate with young people have helped drive this increased political engagement. The popularity of Facebook and MySpace for social networking has spilled over into the political arena. According to the poll, 23 percent of 18 - 24 year olds have used Facebook for political purposes.

The data also provides an interesting finding about civic education in high school. Only 42 percent of survey participants felt that "my high school education adequately prepared me to be an active participant in the political process."

Legislative Junkie in Boise

by Karl Kurtz

Gary Moncrief--a professor of political science at Boise State University, legislative junkie, friend, and collaborator--is interviewed by the Boise Weekly about his fascination with American legislatures. He has some interesting things to say about the Idaho and Texas legislatures and the role of women in the two political parties.

A rose from The Thicket to Tom Clapper in Oklahoma.

Early April Adjournments in Alaska, Georgia, Idaho, Maryland

by Karl Kurtz and Bakur Kvaratskhelia

Catching up on our sine die series, four state legislatures "went dark" in the first few weeks of April.

• The Idaho Legislature adjourned its 87-day session on April 2. State revenue came in slower than expected, leading to the failure of new spending proposals, especially in the area of transportation.  Republican Governor Bruce Otter and the Republican majority in the legislature were often at odds.  Significant tax changes included an increase in the rebate that Idahoans receive for sales taxes on groceries and an increase in the exemption for business equipment taxes.
• The Georgia General Assembly completed its 40-day legislative session on April 4. Major legislation enacted included a bill that facilitates creation of charter schools, a measure to make it easier for permit holders to carry weapons in restaurants and other public places, and a plan to make it easier to build new water reservoirs in the drought-stricken state.  The House and Senate each had dueling tax cut measures and were unable to reach agreement on either of them.   
• The Maryland General Assembly wrapped up its 2008 session on April 8, with $500 million in budget cuts in a faltering state economy at the forefront. Gov. Martin O'Malley described the session as a "really grueling" period. In response to a computer industry outcry, the legislature repealed a computer services tax that it has passed in a special session last November.
• The Alaska Legislature adjourned its session--the first since voters mandated a 90 day limit compared to the previous 121 day limit--on April 13.  Majority Republican leaders hailed the session as a great success, while fellow Republican Governor Sarah Palin chastised the Legislature for spending too much money.  High oil prices and an oil tax increase enacted last year allowed the Legislature to put $5 billion into two rainy day funds this year.  Gov. Palin has called a special session for June to deal with an oil pipeline issue.

Photo credit: Sine die in the Georgia Senate by Andre in Georgia Politics Unfiltered.

From Carpool to Classroom: Youngsters Get Political

By Jan Goehring

There's new political interest and energy among young citizens. No, not young voters. We are talking about elementary children, too young to vote, but old enough to care. This election year has lots of people talking and kids are joining in.

As any parent knows, the carpool offers a sometimes unfiltered peek into the world of our children. And when the chatter turns to politics, things can get real interesting. Like this online article that amusingly and thoughtfully describes a political discussion among children in the car.  It includes thoughts about the differences between what Democrats and Republicans believe, including the all-important issue of their stance on unicorns.

It's amazing what our children hear and absorb. We can all get a good chuckle about the funny ways that kids view our world, but the author, Jenny Runkel, takes it a little further and suggests ways that parents can help develop political thought and discourse in their family. Her ideas include modeling calm political discussions on issues, allowing our kids to disagree with us and standing up for the right to disagree.

This carpool lesson mirrors some of the promising activities in elementary schools that are taking into account the energy around this year's election and preparing students for political participation. Take, for example, the fourth grade students at Erdenheim Elementary in Pennsylvania. As reported in the New York Times, the students engaged in a thoughtful and sometimes passionate discussion of the primary races. The issues the children care about? They talked about health care, the environment and Iraq. The students even cast votes for their favorite candidates.

“They know a lot more than they ever have. They know there’s a primary. I don’t ever remember talking about the primary in class before," according to their teacher Barbara Stefano.

And that is good news for the future of civic engagement. 

The Bella Abzug Effect

by Karl Kurtz

My last post about the sometimes random nature of legislative management and policy decisions reminds me of an anecdote from my congressional experience.  In 1970-71, fresh out of graduate school, I was one of about six political scientists, a similar number of journalists, and 20 or so federal executive branch employees who were selected to be Congressional Fellows of the American Political Science Association. We all worked for four months each in the House and the Senate, serving as professional staff for either a member or a committee.

I worked for Rep. Frank Thompson, Jr. from Trenton, New Jersey, who liked to be called "Thompy". He was a major player in the House on labor, education and cultural issues.  An authorized (pre-Abscam) biography of him is entitled Liberal Leader in the House.  He loved having a Congressional Fellow every year, even installing those of us who got this choice assignment at a small table in his own office, where we were privy to virtually everything that went on.  He was a marvelous raconteur and liked having a ready audience at all times.

One day there was a controversial issue before the House.  As the staff person assigned to the issue (I don't remember what it was), I briefed Thompy on it before he left for the floor.  While it was a difficult issue, it had clear liberal and conservative sides, and I assumed that he would vote "aye" on the liberal side.  When he returned to the office, I asked him how he had voted.

"I voted 'no'," he said.

Surprised, I blurted out, "Why did you do that?"

"Because that damned Bella Abzug got up and made a speech in favor of it.  She makes me so mad with her holier-than-thou speeches that I decided to vote against it!," he exploded.

Making Legislators' Votes Available Online

by Karl Kurtz

Why do five of the fifty state legislatures (New Hampshire, New Jersey, North Carolina, Vermont, and Washington) make comprehensive floor roll call votes on bills available online by legislator, while most states only provide online access to roll call votes by bill?  That was a question that we received from a researcher at the Kennedy School of Government who is doing a study of legislative information systems in Congress, the fifty states, and the 25 largest U.S. cities.  He adds that neither Congress nor the 25 city councils provide roll call voting information by legislator, making the five state legislatures that do even more unusual.

The researcher had some hypotheses in mind (district population and legislative salaries) that might explain why some states provide this information and others don't, but he wanted to know if we had other ideas.  Going on instinct alone and unburdened by any research or data, here was my response:

I'm not sure I have an answer for you.  A standard first question that political scientists would ask about this would be to check it against legislative professionalization.  Using the standard three levels of professionalization, among the five cases that you mention, two (NH and VT) are classic part-time citizen legislatures, one (NJ) is a professionalized ("full-time") legislature and two (NC and WA) are hybrid or in-between.  Nothing apparent there.  The professionalization measure is highly correlated with state population, and as you point out yourself, the NJ case belies a district population explanation.  The professionalization measure also includes compensation of legislators, which you suggest you want to test as an independent variable.  I would suggest using professionalization instead of compensation by itself, but I don't think either one will yield a useful result.

There's also no apparent regional or socio-economic factor among the five states.

The other thing that I would suggest is that roll call voting by legislator is highly political information, subject to misinterpretation and campaign demagoguery.  That's the main reason why most legislatures don't make the information easy to obtain.  It's inherently anti-incumbent information, and since incumbents run the system, they don't make a practice of releasing it.  With the exception of NJ, most of the legislatures that provide this information are somewhat less partisan than most, although there are plenty of others that are equally low in partisanship that don't make the info available.

With only five cases to go on, I think that idiosyncratic explanations will prevail.  For different reasons in each of these states, there is probably a tradition, a provision in the rules or constitution. or a whim of a leader that made roll call votes by legislator available online.  I know that's not a very satisfying explanation to a social scientist, but sometimes randomness does prevail!

Anybody have any better explanations?  If you're in one of the states that provide the roll call information by legislator, how was the decision made to make it available?  If you're in one that does not, have you considered this option?  You can add a comment below or, if you would rather not comment publicly, send me a message by clicking on "Contact us" in the right column.  I will summarize your response and make it anonymous and non-state-specific.

Recall: Tool of Accountability or "an Affront to Representative Democracy"?

by Karl Kurtz

Recall, the procedure for voters to remove and replace a public official before the end of a term of office, is infrequently used at the state level but has been in the news in California, Illinois, Michigan and New Jersey in the last couple of weeks.  Eighteen states provide for recall of state officials, but the procedure is used far more often at the local than the state level of government.

Today's Sacramento Bee has a story about a recall petition against California Republican Sen. Jeff Denham that has qualified for the ballot.  The date of the recall vote, which is structured in a similar manner to the one in which Gov. Gray Davis was famously removed and replaced by Gov. Arnold Schwarzenegger in 2003, must be called by Gov. Schwarzenegger, most likely in conjunction with the state's June 3 state primary.

His name doesn't appear on the ballot, but state Senate President Pro Tem Don Perata is the indisputable driving force behind the recall of Sen. Jeff Denham, the first of a California legislator since 1995.

Ostensibly, the Democratic leader's effort to unseat a Republican who was easily re-elected in 2006 stems from last year's 53-day state budget stalemate. Denham joined his GOP colleagues in voting against the spending plan.

But beyond the bad blood over the budget, a successful recall would move Democrats, who hold a commanding 25-15 lead in the Senate, to within one vote of being able to pass a budget and raise taxes without a Republican vote.

On the same theme, the San Francisco Chronicle on Sunday editorialized against the recall:

The effort to recall state Sen. Jeff Denham, R-Merced, is worse than an abuse of the recall process. It is an affront to the very principles of representative democracy.

The editorial goes on to charge Senate Democrats with political opportunism for initiating the recall against Sen. Denham rather than other Republicans because his district, which has more registered Democrats than Republicans, is a target of opportunity.  I couldn't find a response from Sen. Perata to these claims, but proponents of the recall campaign against Denham say that he should be held accountable for his vote against the budget.

In Illinois, which is not one of the 18 states that have the recall, the House of Representatives last week passed a proposed constitutional amendment to establish a recall procedure by a vote of 75-33.  The Chicago Sun-Times called the amendment "a blunt

Arizona Redistricting Litigation--a 7 Year Journey

by Tim Storey

In the last round of redistricting, Arizona employed a redistricting commission, enacted by voter initiative in 2000, for drawing state legislative and congressional districts.  The constitutional amendment that established the commission also mandated that "to the extent practicable, competitive districts should be favored where to do so would create no significant detriment to the other goals."  This made Arizona the first and only state to formally require competitiveness of districts as a binding criteria in the redistricting process.  It also led to a prolonged wave of litigation that took another turn on Thursday.

The Arizona state Court of Appeals ruled on Thursday that the Arizona Independent Redistricting Commission successfully applied the competitiveness criteria when it initially drew legislative maps for 2002 elections.  A group called Arizona Minority Coalition for Fair Redistricting had successfully convinced a Maricopa County judge to invalidate the plans drawn by the commission because they did not include enough legislative districts where either a Republican or Democratic candidate had a reasonable chance to win.  The Court of Appeals,  hearing the case for the second time, again overturned the trial court decision saying that the "Commission considered competitiveness and made a finding that a more competitive plan would cause a significant detriment to the other five constitutional goals." The Court's full opinion is available here.   

The case was originally filed in 2001 and is significant beyond Arizona because many states are considering redistricting reform in the ramp-up to the 2010 redistricting cycle.   A handful of states are looking at the issue of whether to require district plans to maximize competition in addition to complying with many other criteria including one-person, one-vote. 

An overview of how states conduct redistricting is available on NCSL's website here.

Using Technology to Improve Constituent Communication in Algeria

by Meagan Dorsch

I am excited to be in Algeria with an NCSL delegation to share experiences with members of parliament and staff on how to use technology to communicate better with the public and the media.

One of the challenges of cross-cultural communication about legislative strengthening is figuring out what ideas work best in different countries.  For example, Virginia Delegate Kristen Amundson and Ric Cantrell of the Utah Senate staff gave an overview of the technology tools they use in their legislatures. Both highlighted features like blogs and podcasts, tools that parliament members were familiar with but had never used. Ric did a terrific interactive session with the Algerians on how to set up and begin writing a blog from beginning to end.  The audience was really engaged and enjoyed these sessions, but they expressed concern that if they offered this type of technology to the public, it would not be used.

We learned that of Algeria's 34 million people, only about 1.9 million own a computer. But 28 million Algerians own a cell phone. And it is projected that by the year 2010, Algeria will have 36 million mobile phones--more phones than people! This is why Ric's second presentation on "text blasting" resonated so well with our audience.

Ric and the Utah Senate started "text blasting" five months ago with a small Utah company, Vox Partners. Anyone can sign up as a subscriber to receive a short text message sent out by Ric's office about things that are going on in the legislature. Ric demonstrated this process by importing the cell phone numbers of everyone in our NCSL delegation into his Vox website. He typed in a message, sent it off, and 8 seconds later we all received his message. When our ringers went off inside the workshop, the Algerians' eyes lit up! Ric told the crowd that Utah is beginning a movement by using this form of technology, but if Algeria picks it up, they could truly become a pioneer!

You can read all about the members of our delegation and our experiences--even how I regretted my choice of shoes to take on the trip--in a blog that we set up specially for our delegation, Algiers 2008. But I also want to share a few other highlights here in The Thicket.