Cameron Miranda
Changing a state law can be a lengthy process, but it is possible to do so through the democratic process. The first step is to identify the level of government responsible for the law. For a state law, one must approach a state-level representative, such as a state senator or a state house representative. The next step is to research the law in question, its history, and the lawmakers who were involved in its creation or amendment. One can then proceed to propose changes to the law by drafting a bill or petitioning the relevant legislator. A bill is a proposal for a new law or a change to an existing law and can be introduced by a member of the Senate or House of Representatives. Bills can also be petitioned by citizens or groups who propose them to their Congressional representative. A petition can be started by a citizen or group and proposed to the relevant legislator. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes before it proceeds to the House or Senate for a vote.
| Characteristics | Values |
|---|---|
| Identify the level of government responsible for the law | Local, state, or national |
| Determine the specific government body or official | Local assemblyman, state representative, state senator, local councillor, supervisor, mayor, county executive, etc. |
| Research the law and its history | Who created it? How old is it? How was it changed previously? |
| Assess feasibility and procedural requirements | Understand the governing structure and legislative process, including any necessary signatures or votes |
| Engage with lawmakers | Work with representatives, senators, or councillors to introduce or sponsor a new bill or amendment |
| Build support | Start a petition, engage constituents, collaborate with citizen groups, and utilise media to gain traction |
| Monitor progress and adapt | Follow up with sponsors, keep signers updated, and be prepared to address setbacks or vetoes |
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What You'll Learn
Identify the level of government responsible for the law
The first step to changing a law is to identify the level of government responsible for creating it. This is crucial because it determines who you need to approach to get it changed.
If the law in question is a national law, you may need to enlist the help of a Senator or Congressman. They can propose a bill for a new law or a change to an existing law. Bills can also be petitioned by citizens who recommend a new or amended law to their representative. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. If the bill passes one chamber, it goes to the other. If the president chooses to veto the bill, Congress can usually vote to override the veto, and the bill becomes a law.
If it is a state law, you should contact a state representative or a state senator. They can help introduce a new bill or change to the state legislature. If your state allows it, you can also file a referendum to get your law on the ballot. You will need to collect 1,000 or more signatures of registered state voters on a petition and file the signatures with the law. The attorney general will then review it, and it will be put on the next state ballot.
If the law is a county or town ordinance, you should seek out local government officials such as a councilman, alderman, supervisor, mayor, or county executive. Towns and cities have different governing structures, so it is important to understand how yours works. Most have a mayor and some kind of city council. You can attend community meetings to bring up your issue and gain support from local lawmakers.
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Research the law's history
Researching the history of a state law can be a challenging task. Here are some steps and resources to help guide your research:
Legislative History
Begin by understanding the legislative history of the law in question. This involves tracing the law's evolution from its proposal as a bill to its enactment and any subsequent amendments. Most laws follow a similar structure, consisting of an opening section with definitions and scope, an operative section with rules and consequences, and a closing section stating the effective date.
Official Government Websites
Focus on official government websites, which typically end in ".gov". For US federal laws, websites like Congress.gov provide access to Public Laws/Statutes from 1973 onwards. C-SPAN.org offers live videos of Congressional proceedings, while Govtrack.us allows you to track activities in Congress and receive updates. The US Government Publishing Office (GPO) provides GPO GovInfo, a platform with published versions of bills, including PDF versions.
State-Specific Resources
For state-level laws, refer to state-specific resources. For instance, the University of California, Irvine (UCI) Law Library offers online guides to legislative history research for all 50 states. These guides provide access to historical notes, session laws, attorney general opinions, committee reports, and legislative documents. The California Legislative History MCLE Materials on LRIHistory.com and the UC Hastings Law Library's "California Legislative Research Guide" are also valuable resources for California-specific laws.
Historical and Statutory Notes
Examine the Historical and Statutory Notes, which may contain references to House and Senate Reports in the United States Code Congressional and Administrative News (USCCAN). USCCAN is an unofficial source of federal session laws, cross-referencing the Statutes at Large, the official publication. The USCCAN legislative history volumes contain House and Senate Committee Reports, which are crucial for legislative history research.
Bill Numbers and Congressional Records
Pay attention to bill numbers, as they can help identify the relevant Congress and track the bill's passage. For instance, H.R. refers to the House of Representatives Bill number. Additionally, refer to Congressional Records, which include references to House and Senate Committee Reports, debates, and presidential signing statements.
Law Libraries and Librarians
Utilize law libraries and consult with law librarians. Many state law libraries offer customized guidance for legislative history research. For instance, the UC Berkeley Law Library provides an extensive annotated guide to legislative history materials for California, while the UCLA Law Library offers a step-by-step guide with links to sources.
By following these steps and utilizing the suggested resources, you can effectively research the legislative history of a state law and gain valuable insights into its evolution and impact.
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Petition the relevant legislator
Petitioning is a common way to express opinions and influence legislators. Anyone can start a petition, and they can be addressed to a government agency or public official. If you want to change a state law, you can petition the relevant legislator.
First, identify the level of government responsible for the law. If it is a state law, you need to petition your state representative or state senator. You can also check if there is any pending legislation that might accomplish your goal. Research the legislators in your area and see if they have promoted similar laws in the past.
Once you know who to petition, you can start gathering signatures. You will need a substantial number of signatures, usually 1,000 or more, from registered state voters. You can collect signatures in person or through an internet petition. Be aware that there are rules around signature gathering, and offering compensation for signatures is a gross misdemeanour.
After you have gathered enough signatures, file the petition with the legislator. You can submit it online or in person. Your petition will then be reviewed, and the legislator will decide whether to act on it.
If your petition does not succeed, don't be discouraged. Changing a law can take time and often requires multiple attempts. You can try to gather more support, raise awareness about the issue, and continue to petition the legislator until your voice is heard.
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File a referendum or initiative
To change a state law, you must first identify which level of government is responsible for the law. If it is a state law, you should direct your efforts to a state representative or senator. Once you have identified the relevant legislators, it is important to understand the legislative process and any pending pieces of legislation that might align with your goal.
One way to change a state law is by filing a referendum or initiative, if your state allows it. This process typically involves several steps:
Filing an intention:
First, you must file your intention to have your proposed law or amendment placed on the ballot. This step may vary depending on the state and the specific procedures in place.
Gathering signatures:
After filing your intention, you will need to collect a significant number of signatures from registered state voters to support your initiative or referendum. The specific number of signatures required can vary by state, but it is often in the thousands. For example, in one instance, the requirement was 49,660 valid signatures to put a targeted law before voters. In another case, the requirement was 232,072 valid signatures for two rounds of signatures to get an initiated statute on the ballot.
Submitting the petition:
Once you have gathered enough signatures, you will need to file the petition, along with the proposed law or amendment, to the appropriate authority. In some states, this may be the attorney general, who will review the submission and write the title of the measure.
Ballot placement:
If your petition meets all the requirements, your initiative or referendum will be placed on the next state ballot, allowing voters to decide on the proposed law or amendment.
It is important to note that the process of filing a referendum or initiative can be complex and may vary across different states. It is always advisable to consult official sources and seek legal guidance when navigating legislative processes.
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Work with lawmakers to write a new bill
Changing a state law can be a lengthy process, and it often requires the involvement of lawmakers to write and pass a new bill. Here are some steps to guide you through the process of working with lawmakers to bring about a change in state law:
Identify the Appropriate Lawmakers
Firstly, you need to identify the level of government responsible for the law. If it is a state law, you should direct your efforts towards your state lawmakers, such as state assembly members, state representatives, or state senators. These individuals have the power to propose and enact changes to state laws.
Research and Understand the Legislative Process
Take the time to understand how the legislative process works in your state. Learn about the specific procedures, committees, and requirements involved in introducing and passing a new bill. This knowledge will empower you to navigate the system effectively.
Develop Relationships and Build Support
Reach out to the lawmakers you identified and schedule meetings with them. Present your idea for the new bill and seek their support. It is crucial to be concise and direct in your communications. Provide them with any relevant research or data that supports your proposal. Additionally, identify groups or individuals who share your position and work together to advocate for the bill. Strength in numbers can make a significant impact.
Drafting the Bill
If you can persuade a member of the legislature to support your idea, they will send the proposal and the desired language for the bill to the Legislative Counsel's Office, where it will be drafted into an official bill. The bill is then returned to the legislator for review, ensuring that the desired provisions are included. This back-and-forth collaboration between you and the lawmaker is crucial to ensure the bill accurately reflects your intended changes to the law.
Introduce the Bill
Once the bill is drafted and reviewed, the lawmaker will introduce it at the appropriate desk (Senate or Assembly). It will be assigned a number and go through the necessary committees, where it will be discussed, analysed, and potentially amended. This is also the stage where public input is often sought, providing an opportunity for further advocacy.
Monitor Progress and Advocate
Stay actively involved throughout the legislative process. Attend hearings, provide additional information or testimony if requested, and continue to engage with lawmakers and committees. Be prepared to address any concerns or amendments that may arise during the bill's progression through the legislative stages.
Remember, changing a state law is a complex and often lengthy process, but by working collaboratively with lawmakers and advocating persistently, you can increase the chances of success in seeing your desired changes become law.
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Frequently asked questions
Identify the level of government responsible for the law. If it is a state law, the relevant people to approach are the state house representative or a state senator.
Identify the relevant legislator. Research the lawmakers and their stance on the issue. Your elected representatives are the best people to introduce new laws or changes on your behalf.
You can propose a petition to the relevant legislator. You can also support a petition started by other citizens. A petition should have a catchy headline and be clear and concise.
