The Thicket at State Legislatures

Deck the Halls...of the Capitol Building

By NCSL Communications Division

Who can forget Clark Griswold's 25,000 twinkle lights or the "leg lamp" from the Christmas Story?

While you may not see either of these adorning statehouses and capitol buildings across the country, you will see fireworks, poinsettias and children singing carols.

This year, The National Conference of State Legislatures teamed up with members of the Legislative Information and Communications Staff Section (LINCS) to help capture some of the best capitol decorations. We received pictures from around 30 states!

We have put these pictures together in a slideshow for you to enjoy. Simply log onto NCSL's website and the pictures should appear on the home page, toward the center of your screen. If your computer doesn't have Microsoft Silverlight, you will need to download it in order to watch the show (you can download Silverlight from NCSL's home page). 

Thank you to LINCS and all of the legislative staff who helped make our first holiday slideshow a success. We look forward to doing it again in 2010.

New Laws Ring in the New Year

By NCSL's Communication Division

In Texas, college students will have to show proof they've been vaccinated against bacterial meningitis before they can live on campus. In Kentucky, people will be limited on how much money they can borrow through payday loans. And in Illinois drivers are prohibited from texting while driving.

Each year, the National Conference of State Legislatures (NCSL) produces a list that highlights some of the new state laws that will go into effect on Jan. 1, 2010.

Not every law passed by state legislatures becomes effective on Jan. 1. State constitutions or statutes usually establish when laws go into effect. Sometimes, an effective date is written into the specific piece of legislation.

This is also not an exhaustive list, but rather a sampling of some new state laws (organized alphabetically by topic) effective on New Year’s Day.

All I Want for Christmas...My Security Settings on Facebook

by Meagan Dorsch

"How much of this is public?"

We've heard this question from legislators and legislative staff when talking about setting up a Facebook or other social media site. Up until last week, my general answer for Facebook had been the same, "As much as you want it to be."

But now, I have to take into consideration the world's largest social media site's new security changes, which are making more of your information on Facebook public. Last week, Facebook announced it was giving more control to users by allowing us to choose who gets to see our profile, pictures and even posts. This is nothing new, so I was confused by the announcement. It wasn't until I was searching the web that I realized what had happened. Facebook essentially reset all of your privacy settings to "everyone," meaning more than your "friends" can see your page. If you don't like this, you need to go into your account and place more restrictive settings on your page if you want to lock down the content. 

But even if you re-adjust your privacy setting, Facebook has made your profile picture, city, networks, fan pages and friends available for everyone to see. Facebook claims this move will make it easier for people to find you, especially if you have a common name. But what if you don’t want these things made public? Facebook's answer: don't put it on your profile page.

This move to make more of your personal information private has been highly criticized by several trade journalists. PC World claims this information

...may be accessed by everyone on the Internet (including people not logged into Facebook), is subject to indexing by third party search engines, may be associated with you outside of Facebook (such as when you visit other sites on the internet), and may be imported and exported by us and others without privacy limitations.

Could Congress Pass the Bill of Rights Today?

by Karl Kurtz

Jonathan Estrin and Marshall Croddy of the Constitutional Rights Foundation wrote an excellent op ed piece in the Los Angeles Times to commemorate Bill of Rights Day earlier this week.  They explain that the Bill of Rights was not contained in the original draft of the Constitution, in part because of opposition by James Madison and the Federalists, who thought that it was unnecessary.  After it became apparent that the Constitution was unlikely to be approved by some states without the Bill of Rights, Madison changed his position and became one of the chief architects of the Bill, which was added by Congress and submitted to the states for approval.  They then pose some questions:

Given the nature of modern political discourse, too often driven by partisanship, power-seeking and punditry, one wonders if we would be able to craft a constitution or a bill of rights today.

Indeed, can we even manage to address the controversial issues that do face us? How many Madisons are out there willing to compromise or reverse positions for the good of the country?

They go on to argue:

For our democracy to continue to flourish, we must have an educated and involved citizenry. We must have leaders who can debate and compromise to find solutions to our vexing problems.

And we must educate our young people to take these civic roles in the future. This vital task must be borne by both parents and schools.

Their engaging story of the Bill of Rights and their plea for improved civic education are well worth reading.

A rose from The Thicket to Ted McConnell.

New Speaker in Georgia

Rep. David Ralston, who unsuccessfully challenged Georgia Speaker Glenn Richardson last year, yesterday was nominated by the Republican majority caucus to succeed Richardson, who stepped down earlier this month.  For an admiring portrait of Rep. Ralston, see Insider Advantage Georgia.

NCSL's Top 10 Issues of 2010

by Meagan Dorsch

Higher education, transportation, health care, or state budgets? What will be the number one issue be that state legislatures will tackle during the 2010 legislative session?

NCSL's Top 10 of 2010 list is an annual list that examines the pressing and important topics on state legislative agendas.

This list was compiled through discussions with NCSL's executive committee, standing committees and policy experts. This list is not reflective of every issue legislatures will grapple with during the upcoming year, but rather an overview of some of the top issues to cross state lines and be dominant themes next year in state legislative sessions.

Look over this list and let us know what the Top 10 issues might be in your state during the 2010 legislative session.

Chief Clerk Norm Moore to Retire

by Jan Goehring

After more than 30 years of legislative service, Norm Moore, Arizona House Chief Clerk, will be retiring at the end of the month. Although leaving the Legislature, he will still be a presence at the capitol in his new role as a lobbyist. Norm began his career as a legislative page and then went on to a variety of staff positions, finally taking over as the House clerk in 1992.

Norm is well-known at NCSL. He most recently served on the Executive Committee and the Legislative Staff Coordinating Committee. As an NCSL Statehouse Ambassador, he encouraged staff and legislators to take advantage of the services offered by NCSL. Norm was also very involved in the American Society of Legislative Clerks and Secretaries staff section including a term as its president in 2003 - 04.

In a recent interview in the Arizona Capitol Times, Norm offers some wonderful insights. He talks about changes he has seen in the Legislature over the years and reflects on some interesting moments in his career.

Finally, we would be remiss if we failed to mention that Norm is also a die-hard Nebraska football fan. So, in honor of Norm, we say, "Go Huskers!"

Unusual Legislative Procedure in Massachusetts

by Karl Kurtz

How do the rules in Massachusetts allow a single member to block action by the House of Representatives?  That's the question that occurred to me when I read in the Boston Globe about how four members of the House are preventing legislation in that chamber because they are concerned that Speaker Robert A. DeLeo has not disclosed information about large legal fees incurred on behalf of former Speaker Sal DiMasi.

As usual, our NCSL rules maven, Brenda Erickson, came through with the information.  Two rules are relevant.  First is a joint rule prohibiting formal legislative sessions after Thanksgiving in any given year:

MA Joint Rule 12A.  All formal business of the first annual session of the General Court shall be concluded no later than the third Wednesday in November of that calendar year and all formal business of the second annual session shall be concluded no later than the last day of July of that calendar year. …

Massachusetts has no constitutional limit on its session length.  Before Joint Rule 12A was added in 1995, the legislature routinely passed large numbers of bills in December and even into January just before a new session started.  This rule was designed to restrict that practice.

However, the House has another rule that allows it to continue to work in informal session after the Thanksgiving deadline:

Commission to Address Federal Deficit is an Affront to Representative Democracy

by Karl Kurtz

U.S. Senators Kent Conrad (N.D.) and Judd Gregg (N.H.) have proposed the creation of a commission to address the federal deficit.  For Congress to give up the power of the purse to this commission would be to relinquish its fundamental responsibility in our system of representative democracy.

The commission would be made up of 18 members--four members of Congress selected by each of the four congressional party leaders, the secretary of the treasury and one other member selected by the president. At least 14 of the members of the commission would have to agree to make recommendations to cut the federal deficit.  The Congress would then consider the recommendations after the 2010 elections under expedited procedures, no amendments allowed, and a super-majority would be required to pass the proposal.

This proposal has been kicking around for a while but has new currency because Conrad and Gregg propose to attach it to the must-pass debt limit resolution in the next week or so.

Yesterday, Denise Baer, a lecturer at Johns Hopkins University and a consultant sent an e-mail message to political scientists who study legislative politics

to urgently request that you consider adding your voice asking Congress to say “no” to this unprecedented, undemocratic, and unnecessary voiding of traditional legislative prerogatives.

Here is the heart of her argument:

For Congress to “outsource” its legislative powers in such a wholesale way (as Sen. Max Baucus put it) is wrong, and risks reducing congressional oversight and accountability at a time when public will is diverse and lacking for the type of hard decisions that must be made.  In my view, to seek to educate the public AFTER a task force or commission has prepared non-amendable legislation...is both backwards and anti-democratic...AND is partisan in that it reflects congressional deference to a special interest set of economic interests unable to win at the polls.  We political scientists know better -- that ALL interests are special, and it is the special role of Congress to transparently and democratically represent the melding of public views in authoritative legislation (as Professors Rosenthal, Loomis, Hibbing and Kurtz have so persuasively reminded us in Republic On Trial).  

Whoa!  I didn't expect--but am pleased--to find Republic on Trial:The Case for Representative Democracy cited in this discussion.  I'm glad Ms. Baer finds our argument persuasive that it is the role of legislatures to resolve the many disagreements and competing interests in our society through a process of debate, negotiation and compromise.

All-Star Legislative Bloggers

by Karl Kurtz

A couple of years ago, I wrote a "tools of the trade" article for State Legislatures magazine on "How to Bring Blogging to Life."  One of my top tips for aspiring legislative bloggers was:

Read lots of other blogs:The best way to learn how to blog is to blog. Read other blogs to learn how others approach this medium. Check out NCSL’s blog, The Thicket [ncsl.org/thethicket], for links to legislators who blog. 

I still think that's good advice.  But the right-hand column of The Thicket lists 69 links to legislative blogs.   Which ones should you read if you want to learn about legislative blogging?

To answer that question, I have reviewed our roll call of legislative bloggers and developed a list of all-star legislative bloggers.  My criteria for this list were:

1. The blog had to be by an individual legislator, not a party caucus or legislative staff office, and it could not be a campaign blog for another office (there's nothing wrong with campaign blogs--it's just not what I was looking for).
2. There had to be some recent blog postings, which I defined as since December 1.
3. Extra credit was given for evidence that the blogger also uses other social networking tools such as Twitter or Facebook to promote the blog.
4. The content had to be interesting and engaging, preferably helping the public to better understand the state legislature.

According to these mostly subjective criteria, here is my all-star list of legislative bloggers, in order of state name:

Selling Knives Reveals Campaign Potential

by Karl Kurtz

One summer when I was in college, I sold Cutco knives door to door.  I hated the job and didn't do very well at it.  About the only people who bought knives from me were family members.  I never "...got the Cutco spirit, deep in my heart, deep in my heart!"--a song that we were forced to sing at sales meetings.

So I was amused to read "How to Hire a Field Director" in Virginia Delegate Kris Amundson's blog:

I heard an interview with David Plouffe, who managed the Obama 2008 Presidential campaign. He was talking about his early years. And, almost as a throwaway, he added that in one of his early jobs, he sold knives door to door.

Over the years, one of the tidbits I learned when I was hiring field people was to ask, casually, “You ever sell knives?”

Apparently it’s great training for field organizing. Over and over, those former knife salespeople knocked on more doors, got more and better IDs, and worked harder than anyone else.

So to my friends who are still in the arena, a word to the wise. People who sell knives make GREAT field directors. Or Presidential campaign managers.

I think Delegate Amundson is probably right about this, but I would amend her rule by saying that people who like selling knives and do it well make great field directors.  The fact that I have made a career of being a political scientist or a nonpartisan staff analyst, not a political operative or a candidate, might prove a corollary to the rule: Those who don't like selling knives or don't do well at it, probably won't make great field directors.

An 18 Percent Pay Cut for New Hampshire Legislators would be $18

by Karl Kurtz

Donald Manning, chief of staff to the speaker of the New Hampshire House of Representatives, has been thinking about what the 18 percent pay cut for California legislators, which took effect on Monday this week and reduced salaries by $21,000 from $116,208 to $95,291, would mean if it were imposed in New Hampshire.  He sent this note:

An 18% reduction in the $100 annual “salaries” of NH legislators would mean a reduction of $18 per member, and the remaining $82 would be subject to federal taxation! And in order for this to happen, the citizens would have to amend the state constitution which, since the late 1800s, has fixed legislators’ salaries at $200 per biennium. Do you know if any other state fixes their legislators’ salaries by constitution vs. by statute?

In answer to Donald's question, there are 17 states in which the constitution addresses the subject of legislators' compensation.  Without looking up all of those provisions in detail, we can't say for sure which ones actually specify the amount of compensation in the constitution.  Brainstorming with some of my colleagues, we come up with Alabama, New Hampshire, New Mexico, Rhode Island, and Texas as states in this category.

As the alpha and omega of legislative structure and organization, it's often tempting to make comparisons between New Hampshire and California (we won't say which is the alpha and which the omega).  It's not the first time that Donald has suggested something like this: See "Imagine a Legislature with 11,000 Members."

Donald goes on to share another tidbit about New Hampshire:

California Speakership: From Ayatollah to Herder of Cats

Dan Walters has an interesting column in the Sacramento Bee today about the position of speaker of the California Assembly.  He reflects on how Willie Brown legendarily referred to  himself as the "ayatollah of the Legislature" when he was speaker for 14 years in the 1980s and 90s. Walters says:

After Brown's departure (to become mayor of San Francisco), term limits, adopted by voters in 1990, reduced the speaker from a dictator to, more often than not, a herder of political cats.

He goes on to summarize leadership patterns in both the Assembly and Senate under term limits and to report on the most recent battle for speaker:

Term limits – and the gerrymander of legislative districts after the 2000 census – did create a new pattern of legislative leadership, however. The top Senate position, president pro tem, would be informally reserved for a white man from Northern California (Bill Lockyer, John Burton, Don Perata and now Darrell Steinberg) while the Assembly speakership would alternate between African American and Latino members from Los Angeles.

That's why it's long been assumed that a Latino from Los Angeles would succeed Speaker Karen Bass, who is black – but the question has been which politician. Kevin de León, a protégé of Bass' predecessor, Fabian Núñez, had been the presumed front-runner, but had been unable to pin down an absolute majority of Democratic members, apparently because of an off-putting personality.

Suddenly, therefore, first-termer John Pérez (photo), a cousin of Los Angeles Mayor Antonio Villaraigosa (also a former speaker) emerged as the likely winner, even though Villaraigosa and Núñez had supposedly worked out a deal to give de León a clear shot. Bass, apparently angered that de León wanted to take over immediately, threw support to Pérez.

It's intriguing to Capitol insiders and it's historically noteworthy that Pérez would become the first openly gay speaker. It also reveals something about the perpetual infighting in Los Angeles' Latino political community.

It means very little, however, to 38 million other Californians, and has no effect on the deficit-ridden state budget and myriad other unresolved issues. It's just changing the name on the speaker's rather ornate office on the second floor of the Capitol.

Photo credit: "Ayatollahs of the Internet" by David Holtzman

Unusual Number of Speakers have Stepped Down: Is it Because they are Young?

by Karl Kurtz

Writing in Southern Political Report, Tom Baxter reviews the cases of three southern speakers of the house who have had to step down from their positions because of wrongdoings in the last two years--Glenn Richardson in Georgia, Ray Sansom in Florida and Lance Cargill in Oklahoma--and concludes:

While the circumstances have differed, there is a pattern here. There was a time when powerful speakers like Tom Murphy in Georgia and Liston Ramsey in North Carolina held an iron grip on the chambers in which they presided. Sometimes their influence rivaled that of the governors of their states.

They weren’t by any means immune to charges of corruption, but they derived their power from people they’d known for a long time, and from whom they could expect total loyalty. On balance, they probably had more reporters keeping an eye on them, but fewer cameras, and no bloggers.

More important than anything else was the perspective from which they approached the job: They were old men. If they were not really so long in years when they picked up the gavel, they soon acted as if they were.

 You don’t have to look flashy on television or campaign with a spring in your step to rule over a large room full of ambitious legislators. You have to command respect, and sometimes fear, and you have to know with a level-eyed certainty how far you’ll let yourself be pushed before you exert the energy to slap back. You don’t do anything dramatic – least of all trying to kill yourself – to get attention.

It’s harder these days for legislators to reach that stage in life before the gavel is entrusted to them, and harder for them to surround themselves with loyal lieutenants in a two-party system -- even harder when term limits are involved, as they are in Florida. Which probably means we haven’t seen the last speaker who will fall from grace.

It's an interesting argument.  While I agree with the general point that younger leaders may not be as grounded as older ones and therefore more susceptible to bad behavior, the evidence does not necessarily support Baxter's specific argument.  If you count house speakers outside the south, as Josh Goodman does in Ballot Box, you can add Massachusetts Speaker Sal DiMasi and former Pennsylvania Speaker John Perzel to the list of leaders who have recently been charged with misconduct.  DiMasi and Perzel were both long-time veterans of the legislative process and didn't fit the mold of the younger speakers in the south.

On the other side of the ledger, there are plenty of relatively young and inexperienced legislative leaders who have been effective leaders and compiled positive records of accomplishmentwith no hint of scandal or malfeasance.

Footnote on the New York Senate Gay Marriage Bill

by Karl Kurtz

From a legislative junkie's viewpoint, one of the most interesting aspects of the surprisingly one-sided rejection by the New York Senate of a gay marriage bill on Wednesday this week was this comment in the New York Times:

It is rare for legislation to reach the floor in Albany when passage is not all but assured. And initially, gay rights advocates resisted bringing this bill to a vote, fearing the consequences of a defeat. But they shifted that strategy over time, becoming convinced that an up or down vote was necessary so they could finally know which senators supported the bill.

New York Sen. Diane Savino makes a similar comment about the rarity of bills coming to the floor without assurance of passage in a YouTube video of her remarks on the bill.  The Times story does a good job of explaining some of the complex politics of this bill that led to a situation in which senators' positions were not well known and that the outcome on the floor was uncertain.

Is the New York Senate unique in bringing to the floor only bills that will pass? I can't answer this question definitively.  My guess is that New York is at one end of a continuum in this regard but that it is not unique.  Factors that are likely to affect whether the outcome on the floor is predetermined are the powers of the top leadership to control the chamber's agenda, the extent to which the majority caucus takes positions on bills, the importance of the issue and whether it's an up-and-down vote not subject to a lot of amendment or compromise.  In general, the more each of these factors is present, the more likely it is that passage is ensured on the floor.

In the case of the New York Senate vote all four factors were strongly present: It's a chamber with historically strong leadership, the majority caucus maintains tight control, the issue was important and highly visible, and it was a take it or leave it vote.  That's what made the outcome interesting and different.

I checked several scholarly books and didn't find anything relevant on how often bills are defeated on the floor.  Anyone else have comments or observations on this?

Not Even a Record for a Deliberative Body Since Wisconsin in the Age of Eisenhower

by Karl Kurtz

I enjoy reading Gail Collins in The New York Times as much as I do any columnist, not because I always agree with her but because of her clever and engaging prose.  Here's a recent example in a column last weekend, "Putting the Fond in Farewell."

Nowhere is the need for the graceful exit more apparent than in our politics. This week Senator Robert Byrd turned 92. He has been in office for more than 50 years. That’s an all-time record for Congress. In fact, it is probably a record for every deliberative body since Athens in the Age of Pericles.

That's a marvelous turn of phrase, but unfortunately, Ms. Collins, it's not even a record for a deliberative body since Wisconsin in the age of Eisenhower.  Sen. Byrd was elected to the U.S. Senate in 1958, two years after Sen. Fred Risser (photo) was elected to the Wisconsin State Assembly.  A Democrat from Madison, Risser fought the tide of the landslide reelection of President Dwight D. Eisenhower in 1956. Risser was elected to the Wisconsin Senate in 1962 and has been serving there ever since.

A nit-picker could say that Byrd is the longest-serving in the same chamber of a "deliberative body" (compared to Risser who has served in two different chambers in the same state legislature), but we would suggest caution in making that claim.  NCSL has pretty good knowledge of records for length of service by state legislators since the 20th century, but we can't track earlier periods in American history. 

And for an international perspective, check out "Longest Serving Legislator in the World? Not" about Chaudharry Prem Singh, who was elected to the Delhi Legislative Assembly in the same year that Sen. Byrd was elected to the U.S. Senate.  We don't know what month Chaudharry was elected, but the odds are that it was earlier than Byrd's November 2008 election and that he took office before Byrd on Jan. 3, 1959.

California Civic Health Index

by Jan Goehring

Californians have cut back on civic engagement in the last year and are suffering a "civic recession" according to the California Civic Health Index 2009 report released by the National Conference on Citizenship (NCoC). Nearly three in four residents report cutting back on volunteering, participating in groups or doing other civic activities. During this economic downturn, people are turning inward and watching out for themselves.

Confidence in state government is dwindling. Only 22 percent of respondents say they have a great deal of confidence in state government. When it comes to policies to support civic renewal, respondents rated government-paid tuition for public service as a top choice followed by a civics test.

The NCoC tracks, measures and promotes civic participation and published America's Civic Health Index 2009. The organization previously released civic health index reports for Illinois, New Hampshire, Florida, Minnesota and Ohio.  

Thanksgiving Trivia

We are talking turkey on this Thanksgiving holiday. Before you sit down at the dinner table, stuff yourself full of some useful trivia to share with family and friends. Here are a few questions to whet your appetite.

Which state produces the most turkeys?

Which state has a town named after the turkey?

Approximately what percentage of homes eat turkey on Thanksgiving?

And in what state is the Wild Turkey Center located?

For the answers to these questions and even more trivia, head to NCSL's website. You can gobble up all of our facts and impress your guests with your extended knowledge of the holiday!  

Learn Civics Online

by Jan Goehring

The Internet offers a wealth of sites for learning about civics and government. Through daily quizzes, interactive games and other tools, you can explore all sorts of great information. Here are just a few examples.

Do you already know a lot about civics? Then test your knowledge with the daily civics quiz offered by the Center for Civic Education. A one-minute podcast explains the answer to each daily quiz. For example, did you know that the Massachusetts Body of Liberties of 1641 was America's first Bill of Rights?

Are you interested in the U.S. Constitution? Then check out the Interactive Constitution that allows you to search the text of the document by keyword, topic and select Supreme Court cases. It's one of many tools offered by the National Constitution Center.  

The Center on Congress at Indiana University has developed e-learning modules to educate website visitors about Congress. You can try your hand at balancing the federal budget or find out about the many roles of a member of Congress.

Our Courts, a web-based education project inspired by Justice Sandra Day O'Connor, encourages students to learn about the U.S. Supreme Court and to become active citizens. Try out their new games, "Do I Have a Right?" and "Supreme Decision."

Civic learning has made its way to YouTube as well. For example, NCSL's Trust for Representative Democracy has posted a series of public service announcements about our system of American democracy called "Am I Missing Something?" In these videos, young students talk about making their voices heard, compromise and special interests.  

Civic Health Index for New Hampshire and Illinois

by Jan Goehring

The National Conference on Citizenship (NCoC) just released reports about the civic health of New Hampshire and Illinois. New Hampshire civic health is strong, but Illinois citizens seem to be withdrawing from civic engagement.

Findings from the New Hampshire Civic Health Index show that the state has a high level of civic engagement. Residents are more likely than "Americans as a whole to volunteer, to belong to civic groups, to attend community meetings, and to work with others in their neighborhood to solve community problems. They have a positive view of the state’s civic tradition, they pay attention to public affairs, they get involved in political, social and community issues, they take voting seriously, and have high regard for the active role of citizens in the political and governing process."

While the economy has had some impact, New Hampshire citizens are willing to help one another. However, in this downturn, they are skeptical of government decision-making and have little confidence in financial institutions, companies, organized labor, media and Congress. State residents tend to be more knowledgeable about civics and government than average Americans, but there is still a gap in their understanding of legislative processes.

The Illinois Civic Health Index indicates that residents of the state are disappointed and disengaged. Recent political scandals and the economy have taken a toll. Only 15 percent of residents say they trust state government to do what is right most of the time. Possibly even more concerning is the finding that 77 percent of those aged 15 - 29 report declining interest or involvement in civic education.

On the up side, Illinois citizens strongly support federal legislation to improve civic education in schools. 

The NCoC tracks, measures and promotes civic participation. It published America's Civic Health Index 2009. The organization previously released civic health index reports for Ohio, Minnesota and Florida. The California Civic Health Index will be out soon.  

There is a List for That Tweet

by Meagan Dorsch

This month, Twitter unveiled a new feature called Lists. It's a way for you to organize your followers or the people you are following on Twitter. 

The National Conference of State Legislatures tweets daily under NCSLCOMM (this site is operated out of our communications division, hence the COMM) and we have decided to put this new list feature to good use.

On our Twitter page, we have made our "lists" available to our followers. You can now find state legislators, legislative staff, caucuses and NCSL staff on Twitter. We would be remiss if we did not thank NCSL policy staff and the Legislative Information and Communications Staff Section (LINCS) at NCSL for helping us compile these Twitter addresses.

We know that we were not able to capture every state legislator or caucus that is active on Twitter, so this is where your help comes in. Please send us a direct message on Twitter (or reply to this blog) and let us know where to find your lawmaker or staffer.

We hope you enjoy and use our "lists" and we look forward to adding more names in the coming weeks.

Follow NCSL on Twitter and Facebook and Ning!

A Complementarity of Powers

by Karl Kurtz

At a workshop for Algerian parliamentarians last week, our faculty team was emphasizing the separation of powers in the American system of government.  An attorney for the Algerian Council of Nations (Senate) spoke up and said, "In Algeria, we have a complementarity of powers instead of a separation of powers."  In saying this, she was recognizing the strong authority of the executive branch in Algerian government but suggesting that the parliament supplements the work of the executive and makes it more effective.

Her comment was clearly aimed at the Algerian system of government.  But the more I reflected on the "complementarity of powers", the more I liked how the phrase captures much of the reality of the relationship between branches of government in our American separation of powers system. The legislative, executive and judicial branches of government often complement each other, perhaps more than they compete.

Two small examples of ways in which the legislative and executive branches of government collaborate came up in our workshop with the Algerians.  Minnesota Senate counsel Peter Wattson answered a question about the effective date of new laws by saying that Minnesota has a default effective date of August 1 but that executive agencies, bill authors, committees and staff often communicate about the most appropriate effective date and negotiate a change.  Gary Vanlandingham, director of Florida's OPPAGA, pointed out that legislative program reviews of executive agencies are not designed to embarrass the agencies but rather to help them strengthen their programs.

Conjugating "to vote"

by Karl Kurtz

Sunday was election day for municipal offices in Kosovo, where I am spending the week with my NCSL colleague, Bruce Feustel, scoping out plans for a project to strengthen the Kosovo Assembly in partnership with NDI.

Spray-painted on walls all over the capital, Pristina, are signs like this one:

Translation:

I vote
You vote
He/she votes

We vote
You vote
They profit

At a fundamental level, it's a reflection of the cynicism of some Kosovars toward democracy and the elections.  It's also part of a grafitti campaign to promote a Kosovo Albanian right of self-determination, led by Albin Kurti, in protest against the international administration of the country.  In fact, though, the election process has been praised by international observers, and turnout was reasonably good.

Would you Let the KKK into your Town Hall Meeting?

by Karl Kurtz

Lee Hamilton has another excellent Commentary on Congress, "Whatever their Tone, We Need Town Hall Meetings."  It begins:

Years ago, when I was still in Congress, I pulled up one day to address a public meeting in a remote and very rural part of Indiana. The sheriff, a friend of mine, met me outside the small volunteer fire house where I was to speak. "The Ku Klux Klan is here in full regalia," he told me. "If you'd like, I'll keep them out of your meeting."

For just a second, I'll confess, I weighed his offer. But I was not in the business of trying to keep constituents out of public gatherings — even if they were in the KKK. No, I told my friend, the Klansmen could come in, as long as they removed their hoods. There's no place for anonymity in a public meeting, I said.

And so about twenty-five of them — hoodless — marched down the aisle made by the rickety folding chairs set up in the tiny firehouse and took their places in the front. Was this or was this not a Christian nation, they demanded. And what did I think about Jewish influence in Hollywood and on the media? I responded calmly, but their persistent overtones of anti-Semitism wore out the audience's patience. Eventually they left, and the meeting continued.

And concludes:

Over my years in Congress, I conducted hundreds, if not thousands, of town-hall meetings. Almost every time I came away with the feeling that this was precisely what I was meant to be doing — engaging with my constituents in a small part of the dialogue of democracy. Just as often, these meetings reinforced my confidence in the fairness, decency and judgment of the American people.

I've been in Algeria for the last week with a team of legislators and staff, leading a couple of workshops for Algerian legislators.  One of our topics was citizen engagement and  constituent communication. We emphasized the importance of town hall meetings and talked about how to set them up.  We have a great team here, consisting of North Dakota Rep. Rae Ann Kelsch, New Jersey Assemblymember Upendra Chivikula, Minnesota Senate legislative counsel Peter Wattson, Florida policy research director Gary Vanlandingham, and NCSL's Christy Delafield.  They did a great job of carrying Lee Hamilton's point, but after reading his commentary, I wished that he had been here with us to tell this story.

See our previous postings in The Thicket about town hall meetings starting with "Town Hall Meetings: Building Trust Online."

State Legislation Opposing Certain Health Reform

by Meagan Dorsch

States have complicated shared power relationship with the federal government in regulating various aspects of the health insurance market and in enacting health reforms.

In this edition of The Buzz, we sit down with Dick Cauchi, program director for NCSL's health program. Dick explains the actions that some states have taken to block certain health care reform.

These are actions that could put states in a binding position, aiming to block mandates that could come from future health care legislation either in their own state or from the federal government. Dick also takes the time to talk about what it could mean for health care down the road in these states and the unique situation in Arizona with its pending constitutional amendment.

Of course some states have been players in health reform since 2003, long before congressional actions on this issue.  

Listen to our podcast (8:06) and turn to NCSL for additional resources on state health reform and federal health reform.

Legislators Serve Military and State

by NCSL Staff

As the United States fights wars in Iraq and Afghanistan, a handful of state legislators are serving in their state's National Guard or Reserve units while holding elected office, according to a new survey from the National Network of Legislators in the Military and the National Conference of State Legislatures.

Currently, 65 state legislators serve in the U.S. military in reserve units or National Guard units. Of those 65 state legislators in the military, 31 have been deployed to another country while also serving in their respective statehouse.

Although there are no federal laws that prohibit state lawmakers from serving on active duty with the military, there are specific requirements for lawmakers who are activated and/or deployed. A Department of Defense directive, revised on Feb. 19, 2008, generally prohibits a full-time military service member on active duty from holding civil office in state government. For reserve members on active duty service for 270 days or less, this directive allows members to hold an elected office "provided there is no interference with the performance of military duties." Since September 11, 2001, increasing numbers of National Guard and Reserve members have been called up for longer and more frequent tours of duty.

Recognizing the difficulties elected officials who are called to active duty may face, state legislators have introduced legislation that addresses maintaining the elected position of the public official.

Enacted this year, Arkansas specified that an elected official retains the public office upon returning from active military duty. In 2008, Louisiana allowed for temporary successors to be appointed if a legislator is called to active duty for more than 180 days and Maine exempted National Guard members from the law prohibiting an unclassified employee of the executive branch from being a candidate for elective office in a partisan public election.

In 2004, Indiana established a procedure for an elected office to take a leave of absence when called to active duty and for the appointment of a person to temporarily perform the officeholder’s duties during the leave. Click here to review the 2003-2009 state legislation.

For more information on state legislators serving in the military, read NCSL press release.

Civic Health Index for Ohio and Minnesota

by Jan Goehring

The National Conference on Citizenship (NCoC) recently released civic health index reports for Minnesota and Ohio. Both reports indicate the economy has had an impact on civic involvement, but to different degrees.

The Minnesota Civic Health Index: Integrating Civic Engagement Into Community Life report indicates that the state is active in developing a civic culture and showed resilience in a year where civic effort declined across the nation because of the economy. Minnesota was first in voter turnout with 77.8 percent of those eligible casting ballots; 14.2 percent higher than the national average. The state ranked third nationally in charitable contributions with 60.2 percent donating at least $25 and fourth in statewide volunteering, with 60.5 percent donating their time and energy. Volunteering did decline, but not as much as the national average. Minnesotans also support programs that encourage civic involvement.

The economy is reshaping civic participation according to the Ohio Civic Health Index Report: Civic Engagement in Hard Economic Times. For example, 80 percent of Ohioans cut back on time spent volunteering, participating in groups and other civic activities. Younger generations are volunteering more than older generations. The report also indicated that trust in public, and some private sector, institutions is low. The good news is that support for civic renewal through programs that encourage civic engagement, such as workplace incentives for involvement and service learning in the schools, is high.

The NCoC released a Florida Civic Health Index last month and will publish indexes for California, Illinois and New Hampshire in the next few weeks. The organization measures, tracks and promotes civic participation across the United States.

Bipartisan Beltway Committee Seeks to “Modernize” U.S. Election System

by Tom Intorcio

Voter registration can sometimes be a highly charged and partisan issue, so it is worth noting that advisers from recent Democratic and Republican presidential campaigns have recently aligned themselves to propose a new system. Trevor Potter, former general counsel to Republican John McCain’s 2008 campaign and Mark Elias, general counsel to Democrat John Kerry’s 2004 campaign are co-chairs of the Committee to Modernize Voter Registration.

The group is “dedicated to bringing the voter registration system into the 21st century by automating the outmoded system that relies on paper forms being filled out by voters and manually processed by local election officials,” according to its inaugural press release. Specifically, the Committee proposes: automated (universal) registration, within a “portable” system to obviate the need to re-register after a voter moves, and a “fail-safe mechanism” for any Election Day problems. Ostensibly, the fail-safe component would be same-day registration, currently used in nine states. A recent story by Pam Fessler of NPR’s All Things Considered gives more background on the 13-member Committee.

Civic Education and 21st Century Skills

by Jan Goehring

A new report shows that effective civic learning builds 21st century skills that are key to students' success in college, career and citizenship. The study, Paths to 21st Century Competencies Through Civic Education Classrooms, was sponsored by the Campaign for the Civic Mission of Schools and the American Bar Association, Division for Public Education.

The study examined survey data from a nationally representative sample of ninth graders. Civic education, especially when it is interactive and involves discussion of current issues, is an important way to develop skills that young people will need to succeed. Some of these 21st century skills include working with others, especially in diverse groups, and knowledge of economics and political processes.

Republicans See Signs of a Comeback in Limited 2009 Elections

by Tim Storey

The number of legislative seats up in 2009 legislative elections was the lowest of the decade with only two chambers up for grabs in the off-year part of the cycle. And even though no chambers changed hands and the overall gains were relatively small, it was a good year for Republican legislative candidates.

Republicans surged in Virginia not only winning back the governor’s mansion but likely adding six seats in the House of Delegates bringing their majority to 59 R – 39 D with two independents. In one tight race, Republican Ron A. Villanueva appeared to win by a scant 16 votes with 100% of precincts reporting and pending a recount as required under Virginia law if requested by the losing candidate.

Voters in New Jersey elected a new Assembly with the GOP cutting into the Democratic majority by one seat leaving the chamber at 47 Democrats to 33 Republicans headed into 2010. The Assembly will be getting new leadership even though Democrats held on to the majority because Speaker Joseph Roberts did not seek reelection. And there are rumblings of a leadership coup in the New Jersey Senate as well.

A handful of states held special legislative elections to fill vacancies or unexpired terms, and the results had to please the GOP. In the 13 special elections across the country where an outcome was evident from early returns on November 4th, only three seats had changed party hands, and all of those shifted from Democrat to Republican--in Michigan, New Hampshire and Washington. It is still too early to declare that this is a trend pointing to where voters are headed in the 2010 election; however, if Republicans continued to win special elections into next year, it will be an ominous sign for Democrats headed into the last election before redistricting.

Republicans scored an obscure victory in the ultimate battle for control of 2010 redistricting in Pennsylvania by taking majority control of the Pennsylvania Supreme Court in the 2009 election. Under the redistricting system in the Keystone State, a five person commission redraws legislative boundaries following the 2010 census. The commission starts with two Republicans and two Democrats who must select a fifth person as a chair. If the four partisan commissioners are evenly split and unable to agree on a fifth person as chair, the Pennsylvania Supreme Court fills the slot which becomes the tiebreaking member in voting on new district plans. If the commission deadlocks in the initial selection of a chair and the court acts in a partisan fashion when choosing the tiebreaking member, it could favor the GOP in redistricting.

The GOP narrowed the overall advantage that Democrats have in governors by adding both New Jersey and Virginia to their column. When 2010 legislative sessions kick off, there will be 26 Democratic governors and 24 Republican. New Jersey was the only state where overall political control shifted in the 2009 regular elections going from unified Democratic control to divided with the election of Republican Governor Chris Christie. Democrats now control all of state government in 16 states; Republicans hold eight states, and 25 are divided. Since the mid-1940s, the average for divided partisan control of states has been 23. 

Despite Republican pick-ups since the 2008 election, Democrats still control exactly 55 percent of all legislative seats and Republicans hold 44 percent.  The state political landscape will surely change in November of 2010 when 83 percent of all legislative seats will be in play along with 37 governors.

NCSL's updated partisan control table is available here.

Video recap with Tim.