How to Take Effective Political Action
How Government Works: A Guide to Getting Involved at the State Level
There is only one generalization about the legislative process in the 50 states that requires no disclaimer—every state does things differently than every other state.
General bill process:
- A bill is introduced
- The bill is assigned to a committee
- Following hearings, the committee votes to kill the bill or send it to the full House or Senate for debate
- Legislators debate the bill’s merits and vote it up or down
- If it is approved, the bill then goes to the other chamber, where the process is repeated
- If the bill is amended during consideration by the second chamber, it goes to a conference committee to resolve the differences between the two chambers
- The governor signs the bill and it becomes law
- Or the governor vetoes the bill
- If a bill is vetoed, the legislature may sustain the governor’s veto or override it
Those are the basic steps—with variations—that are followed in every state except Nebraska, where there is one chamber rather than the customary two. (source: NCSL)
Key Players
While their exact powers vary state by state, these are the key players inside the State Capital and a general overview of their powers:
Speaker of the House, President of the Senate: These are the presiding officers in each of their respective chambers, and they hold the most powerful role with the highest authority. Their exact duties vary by state, but generally their role is to govern their chamber, maintain order, and manage the proceedings. They count and declare votes, recognize members to speak, and assign members to committees. Put simply, they call the shots. They are elected by their party members.
Majority leader: This is the majority party’s second in command and they play a large role overseeing legislative activity. Alongside their chamber’s presiding officer, the majority leader controls the calendar of bills including the floor schedule, and manages the debate. Most importantly, they serve as the party’s spokesperson and are elected by the party.
Minority leader: This is the minority party’s counterpart to Majority Leader. They don’t have the same roles or control when their party isn’t in power, their main role is affectionately referred to as “the loyal voice of opposition”. They are elected by and represent the minority party, protect the party’s rights, and plays a part in nominating members to committees.
Majority and minority whips: This is another elected party role. They are the primary assistant to legislative leadership, and their main responsibility is to keep the party in line – determine how caucus members intend to vote, and whip up support for the party’s priorities.
Committee chairs: This role is typically assigned by the presiding officers, and they’re responsible for controlling the flow of assigned legislation in their committee. They generally get to decide if and when bills will be “put on the table” for consideration or action by the committee (except in states that require all assigned bill to be brought up for a vote).
Caucus chairs: During legislative sessions, caucus meetings are held from time to time to discuss a variety of matters relevant to the party’s priorities and positions. Alongside party leaders, caucus chairs (typically elected by their party) work to call and organize meetings of the party and preside over the agenda.
Legislative Staff: The staff are the backbone of state legislatures. They are not elected and have no formal influence over votes on legislation, but within their offices, staffers play a huge role in supporting their representative and helping them stay apprised of important legislative developments.
Other important players:
The Governor: While not a member of the legislature, the Governor still plays a big role. First is the veto power – the Governor has the power to offer a final stamp of approval on enacted legislation, or they can issue a veto. Bills that are vetoed can still become law if the legislature overrides the veto, but that process varies state by state. They also have the important role of dictating an agenda for the state and proposing laws to accomplish that. The Governor can’t introduce legislation, but often times they ask legislative leaders to introduce bills on their behalf, or prioritize other bills aligned with their goals.
State Agencies:These are the agencies responsible for administering state programs and their essential functions. They depend on the legislature for funding and often have a lobbying presence in the capitol.
Lobbyists: They are in the business of politics – they are hired to make things happen in the capitol by leveraging their expertise, experience, and relationships on behalf of their clients.
Advocates: Virtually anyone can be an advocate at the capitol; from showing up in person to testify or meet with members to engaging virtually with the process, making their voice heard makes someone an advocate.
Rules
At the beginning of a new session, every state legislature adopts its own rules to govern how the state’s process will be conducted. Each state legislative chamber adopts its own rules that govern how business is conducted, and there are some rules that govern the process between both houses jointly. Some states have rules set out in their state constitutions as well. The best way to find out what the legislative rules are in your state is to visit your state legislature’s website, often they’re referenced there. Additionally, many states have a “backup” parliamentary manual to cover issues not addressed by the rules. There are a few legislative manuals that are widely used as a basis for a state’s legislative rules – Mason’s Manual of Legislative Procedure is the most popular—77 of the country’s 99 state legislative chambers use this. Jefferson’s Manual, the U.S. House Rules and Robert’s Rules of Order are other common alternatives.
Source: This guide has been adapted from the NCSL resource Learning the Game, a narrative overview of how the legislative process works, the key players, the “rules of the game”, and an overall reflection on the institution of the legislature and the role of representative democracy.
Resources for your own legislative analysis
Directory of State Legislatures, State Laws, and State Regulations, Law Librarians Society of Washington D.C.: Use this to locate your state legislature’s website and find more information on your state’s legislative process. Rules and processes vary widely between states, so it’s important to get familiar with your state legislature’s website, resources, and the rules in your state.
Legislatures at a Glance, NCSL: This tool provides a snapshot of each state legislature’s partisan composition, gender and racial composition, and leadership. It also contains general state information. (last updated 4/2023)
Legiscan: A resource with free and paid options for tracking state and federal legislation. The free option includes a personal monitoring list with saved searches from the national legislative search engine and private RSS feeds to stay informed. Free users can also receive monitored email alerts, and create simple dynamic reports sharable with friends and colleagues.
VoteSmart Government 101: General background on essential government functions, beyond the legislative processes included in this document.
Resources on Citizen-initiated Legislation by Ballot Measure
NCSL Initiative and Referendum States + Resources: overview of states with a citizen’s initiative or referendum process, including basic information on requirements
Ballot Initiative Strategy Center Resource Library: houses ballot-measure information ranging from past campaign materials to campaign debriefs, to memos highlighting best practices. Account required, email [email protected] to request access.