How Citizens Can Change State Laws

Citizens can play an active role in changing state laws. While the process may vary across different states, there are several common methods to initiate legal change. One approach is to work with lawmakers to draft and propose new bills, which can be introduced in the state legislature. Citizens can also petition their local representatives, such as assembly members or state senators, to advocate for legal alterations on their behalf. Additionally, some states allow for citizen-initiated state statutes to be placed on the ballot, requiring voter approval for substantial legislative changes. These mechanisms empower citizens to drive legal reform and ensure that laws remain fair, relevant, and aligned with the interests of the people they affect.

Identify the level of government responsible for the law

The level of government responsible for creating and changing laws in the United States is divided between the federal government and state and local governments. The federal government is comprised of three branches: the legislative, executive, and judicial. The legislative branch, or Congress, is responsible for enacting legislation and declaring war, as well as levying taxes and tariffs to fund the government. Congress is made up of the House of Representatives and the Senate, with each state having two senators and a number of representatives proportional to its population.

State governments are modelled after the federal government and also consist of three branches: executive, legislative, and judicial. State legislatures are typically bicameral, with a smaller upper house (the Senate) and a larger lower house (usually called the House of Representatives). The two chambers work together to create and change state laws. However, some states, like Nebraska, have a unicameral legislature with just one chamber.

Local governments, on the other hand, are granted power by the state and are typically responsible for more day-to-day functions, such as parks and recreation, police and fire departments, housing, and transportation. Municipal governments, including cities, towns, and villages, are usually organized around population centres and correspond to geographical designations used by the US Census Bureau.

Therefore, when seeking to change a law, it is important to first identify whether it is a national, state, or local law, as this will determine which level of government and specific officials are responsible for making those changes.

Work with lawmakers to write a new bill

Citizens can play an active role in changing state laws by working with lawmakers to write a new bill. This process can be initiated by individuals or citizen groups who exercise their right to petition and transmit their legislative proposals to their elected representatives.

The first step is to identify the relevant lawmaker responsible for the specific area of legislation. For state laws, this could be a local assemblyperson, state house representative, or state senator. Citizens can book a meeting with their legislator to discuss their ideas and understand the legislative process. It is important to be well-informed about existing laws and any pending legislation related to the issue at hand.

Once a lawmaker has been identified and a meeting secured, citizens can present their case for the proposed change in the law. This includes providing a clear and concise description of the issue, as well as the desired outcome. It is essential to be prepared with supporting evidence, data, and examples to strengthen the argument for the new bill.

Collaborating with the lawmaker, citizens can then begin drafting the bill. This involves translating policy proposals into legislative language, a process in which nonpartisan attorneys in the Legislative Counsel office can provide valuable assistance. The bill must be carefully crafted to include a precise analysis of what each section aims to achieve, with all changes to existing laws clearly indicated.

After the bill is introduced in the legislature, it undergoes a rigorous process of review and potential amendment by committees and subcommittees. Citizens can continue to advocate for their bill by building support among other lawmakers, engaging in lobbying activities, and providing additional information or testimony as requested. Ultimately, the success of the bill depends on a combination of persuasive arguments, political will, and legislative procedure.

Understand the process of legislative alteration

Legislative alteration refers to the process of making changes to laws or statutes that have been previously established through a democratic process. This typically involves a citizen-initiated proposal, which is then approved by voters and subsequently amended or repealed by state legislators. This process is reserved for state statutes, as altering initiated constitutional amendments requires voter approval.

The process of legislative alteration can vary depending on the state and its specific requirements. Some states, like Arizona and California, mandate voter approval for any substantial changes to citizen initiatives. Other states, such as Michigan, North Dakota, Washington, Nebraska, and Arkansas, require a supermajority vote, which is a higher threshold than a simple majority, to amend or repeal approved citizen initiatives. A few states, including Alaska and Wyoming, enforce a time restriction, stipulating that a certain period must pass before an initiative can be amended or repealed.

The specific steps and requirements for legislative alteration can be intricate and differ across states. Generally, it is essential to understand the level of government responsible for the law in question. If it is a state law, engaging with local representatives, such as a state assembly member or senator, is crucial. It is advisable to research existing pending legislation that might align with your goal to avoid duplication of efforts. Booking a meeting with the relevant legislator, armed with knowledge of other similar initiatives, can be a strategic approach.

The process of legislative alteration also involves various procedural steps, such as the presentation of petitions and memorials, the introduction of bills and resolutions, and voting procedures. The specific rules and procedures can vary between states, and it is essential to refer to the specific guidelines in your state or region.

Additionally, it is worth noting that legislative alteration can be influenced by factors such as the topic of the initiative. For instance, between 2010 and 2023, marijuana-related initiatives were the most common subject of legislative alterations, with eight initiatives being altered. Other topics that have undergone legislative alterations include elections and campaigns, term limits, education, business regulation, law enforcement, minimum wage, taxes, and gambling.

Organise a petition and propose it to the right legislator

Changing a state law can be a challenging process, but it is possible for citizens to drive change through organised and focused efforts. One effective way to do this is by organising a petition and proposing it to the right legislator.

Firstly, it is important to identify the level of government responsible for the law. If it is a state law, then citizens should direct their petition to a local assembly member, state house representative, or state senator. It is also worth checking for any pending legislation that might already be in the legislative pipeline, which could accomplish the same goal.

The next step is to choose a catchy and concise headline for your petition, ensuring it clearly communicates the desired change. For instance, if the petition is focused on a local or state issue, include the relevant location in the headline to engage locals. The body of the petition should explain who is impacted by the current law, what the law is, and how you propose it should be changed. Adding a personal story to your petition can be a powerful way to evoke emotion and encourage support.

Visual elements can also strengthen your petition. Choose an image that speaks to your cause. For example, using an image of a cute dog with sad eyes would be more effective for a campaign against animal cruelty than a generic picture of a government building.

Once you have prepared your petition, it is time to collect signatures. Both online and offline petitions are effective, as they provide more avenues to gather support. You can collect signatures at various events, such as rallies, meetings, or conventions, and also through online channels like websites, email, and social media.

After gathering a significant number of signatures, it is time to deliver your petition to the appropriate legislator. This critical mass of signatures will demonstrate the level of public support for your proposed change and increase the chances of your petition being considered.

Know the rules and requirements for bill amendments

Changing a state law as a citizen is a challenging process, but it is possible. It is important to know the rules and requirements for bill amendments to increase your chances of success. Here are some key guidelines to follow:

Identify the Level of Government Responsible for the Law

Determine whether the law you want to change is a national or state law. If it is a national law, you may need to enlist the help of a Senator or Congressman. For a state law, you would need to contact a local representative, such as a state assembly member or state senator. If the law is a county or town ordinance, you would need to reach out to local officials like a councilman, alderman, or mayor. Understanding the appropriate level of government is crucial for effective lobbying.

Understand the Legislative Process

Educate yourself about the legislative process, including how bills become laws. Familiarize yourself with the steps, such as the introduction of a bill, committee consideration, and voting procedures. This knowledge will help you navigate the system more confidently.

Initiate a Citizen-Initiated State Statute

To propose a change to a state law, you can initiate a citizen-initiated state statute. This involves gathering a certain number of signatures to qualify the amendment for the ballot. The specific requirements vary by state, with some states mandating a percentage of registered voters' signatures. For example, Nevada requires signatures equal to 10% of the total votes in the previous general election.

Voter Approval and Legislative Alteration

Once your initiative qualifies for the ballot, it will be put to a vote. If it receives voter approval, it becomes a valid state statute. However, in some states, the legislature may still make alterations or amendments. This process is known as legislative alteration, and it can occur with or without additional voter approval, depending on the state. For example, Arizona and California require voter approval for substantial legislative changes to approved citizen initiatives.

Follow Rules and Procedures

When proposing bill amendments, it is crucial to adhere to the rules and procedures set by the legislative body. For instance, the germaneness rule, which is important in the House of Representatives, requires that amendments must be relevant to the subject matter under consideration. Additionally, specific reports and documentation may be required, such as oversight findings, budget considerations, and performance goals. Understanding the specific rules of the legislative body you are working with is essential.

Build Support and Collaborate

Changing a state law often requires building support and collaborating with legislators and other stakeholders. Schedule meetings with relevant legislators to discuss your proposal and seek their support. Engage with the community and gather feedback to refine your initiative. Building a coalition of supporters can increase the likelihood of success.

Remember that the process of changing a state law can be complex and may vary slightly depending on the state and the specific law in question. It is always a good idea to consult with legal experts or advocacy groups familiar with the legislative process in your state.

Frequently asked questions