The Thicket at State Legislatures

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 talk 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.

Run Government Like a Business: Who has the Time?

by Brian Weberg

We don't seem to hear it as much as we used to, but the claim that government would be better if "run like a business" still lurks in political campaigns and in criticisms of government inefficiencies (we even used it in a Thicket post a few years ago).  Today I was reminded of yet another reason why this prescription so thoroughly misses the mark.  In particular, government leaders--and especially those new to the job--simply do not have the luxury of time or resources available to their private sector counterparts to learn the levers of leadership and to deliver results.

My "ahah" came while listening in on a "teleforum" featuring Patricia Wheeler, an executive coach at The Levin Group.  Wheeler summarized a recent market study conducted by the Institute of Executive Development that examined "the transitions that top executives make into and through organizations, and the road blocks that can occur in the process..."  The results have interesting implications for the challenges that face legislative leaders and for the impending replacement of baby boomer executives at state legislative staff agencies.

Here are some of the findings:

• 72% of survey respondents reported that internal candidates hired into executive roles need more than three months to get up to speed and at least one-fourth need six months.
• Only 11% reported that orientation programs were effective at helping a new executive to be effective and fewer than one-third said that mentoring was useful. 
• Respondents (68%) identified "lack of interpersonal and leadership skills" as the primary cause for under performance by new executives.

My first reaction was to reflect on the "first 100 days" yardstick we use to measure Presidential effectiveness and the fact that many state legislative sessions are over in 90 days or less.  We expect our new government leaders to produce results starting on their first day on the job.  Three months to get up to speed?  Forget about it.  

Rain in Death Valley, Party Voting in California, Congress and Tiddlywinks

by Karl Kurtz

It's more likely to rain in Death Valley on any given day than it is for a California legislator to vote in opposition to the majority of his or her party on any given bill....

That's the clever lead on a Sacramento Bee story on the extent of party-line voting by members of the California Legislature.  The story analyzes nearly 200,000 (!) individual votes by senators and Assembly members in committee and on the floor to date in the 2009 legislative session, concluding that majority party Democrats voted against the majority of their own party only 1 percent of the time and minority Republicans about 4 percent.  The story has lots of cool graphics and interactive maps.

For the non-California reader, the most interesting thing was this quote:

"California is by far the most polarized state legislature" in the nation, said professor Boris Shor, with the University of Chicago's Harris School of Public Policy Studies, who recently published a study on the ideological composition of legislatures. "California makes the U.S. Congress look like tiddlywinks."

I searched for Shor's study and found an unpublished paper "All Together Now: Putting Congress, State Legislatures, and Individuals in a Common Ideological Space."  Shor's conclusion about California is based not on roll call votes but "on 10 years (1996-2006) of the National Political Awareness Test (NPAT) administered by Project Vote Smart, a nonpartisan organization that disseminates information on campaigning [state legislators and members of Congress] to the public at large."

On p. 17 of Shor's paper are two charts that show the ideological polarization of all 50 state legislatures.  On his scale the 5 most polarized legislatures in the United States are California, Massachusetts, New York, Connecticut and Hawaii.  The 5 with the least ideological division between the parties are Idaho, Alaska, Utah, South Dakota and South Carolina. 

The data appear to show that the more liberal states in the country have wide differences between the political parties in the legislature, while the more conservative ones have relatively small differences between Republicans and Democrats.  This does not seem surprising to a more casual observer of state legislative politics, but the data and detail in Shor's paper are interesting and reveal a few surprises (e.g., why are those Ohio Democrats relatively right of their national party scores and what about those apparently leftward leaning--relatively--Wyoming Republicans?) 

Warning: the paper is not for those who are statistically challenged or methodologically faint of heart.

Book Review: Fair, Balanced...and Dead

by Tim Hodson

There is a new addition to that small genre of mystery novels set in state capitols and involving legislatures.  Fair, Balanced …and Dead is the first novel by Steve Swatt, a long-time political reporter, now retired, for a Sacramento television station.    Swatt is following the path of John Feinstein (Running Mates) and Tony Hillerman (The Fly on the Wall) both of whom were political reporters whose early novels featured political reporters investigating murders.  In Swatt’s case, of course, the hero is a TV reporter confronting both deadly political games and a news industry increasingly disinterested and disdainful of political coverage.

A veteran U.S. Senator has died and the Republican Governor of California must select a replacement.  Various candidates emerge but the strongest are Johnny Callahan, the young charismatic Speaker of the state Assembly, whose conservatism is tempered by pragmatism and an acute awareness of being a Republican in a Democratic majority state, and Harold Barnes, an older legislator who is the champion of the right.

Allegations of a sex scandal involving the Speaker surface and TV reporter Jack Summerland is forced by a ratings-driven station to report the story.  The story proves to be untrue, embarrassing Summerland but allowing Callahan to appear the aggrieved victim.  More damaging stories follow leading Summerland to investigate the allegations, their source and a body found floating in the American River.  Dirty tricks by Barnes?  Machiavellian tactics by the Speaker’s staff?  Ancient grudges?  The work of a group of Southern California millionaires anxious to launch Callahan on a path to the White House?   

Fire Alarms and Police Patrols: Two Approaches to Legislative Oversight

by Karl Kurtz

American legislatures don't devote enough time or attention to legislative oversight. That's a nearly universal complaint about both Congress and state legislatures. Legislative surveillance and control of the executive branch is hard work, not very rewarding and not something that legislators can easily take credit for, say the critics by way of explanation for the neglect of this function.

But that's a one-dimensional view of legislative oversight, according to University of California Berkeley Professor Bruce Cain in testimony before California Assembly and Senate select committees on improving state government last week. Bruce was drawing on a distinction between police patrol oversight and fire alarm oversight, terms coined in the 1980s by political scientists Matthew McCubbins and Thomas Schwartz.

Police patrol oversight, like its namesake, is the routine work of "patrolling" the executive branch looking for problems in program implementation. It is usually centralized in a legislature in an audit or program review committee with a staff agency that evaluates the performance of executive agencies. It relies on formal committee hearings on agency operations and on interim studies and reports on legislative performance. Police patrol oversight is usually initiated by the legislature and tends to be formal and systematic.

Fire alarm oversight of executive programs by legislatures occurs when interest groups complain about how programs are administered, the media expose programmatic waste or abuse, or constituents report problems with government services that reveal flaws in program design or implementation. It is highly decentralized, relies on outside actors to "sound an alarm", and is less than systematic.

Top Ten for Back to School Program

by Jan Goehring

Each summer, NCSL's Trust for Representative Democracy collects information about how many legislators participated in the America's Legislators Back to School Program the previous school year. The program encourages legislators to visit classrooms and bring civics to life for students all across the country. Each year an average of 1,200 state lawmakers are involved. The charts below show the top ten legislatures and chambers in 2008 - 09. Massachusetts and Utah tied for the state with the highest percentage of legislators participating. The Pennsylvania House and Louisiana and Massachusetts Senate chambers reached 100 percent involvement.

Top Ten Legislatures	Percentage
Utah & Massachusetts	94%
Virginia	91%
Pennsylvania	80%
Nebraska	71%
Alaska	60%
Hawaii	58%
New Jersey	57%
Mississippi	54%
Nevada	40%
Arizona	37%

Top Ten House	Top Ten Senate
Pennsylvania - 100%	Louisiana & Massachusetts - 100%
Utah & Massachusetts - 93%	Utah - 97%
Virginia - 91%	Virginia - 93%
New Jersey - 64%	Nebraska - 71%
Hawaii - 61%	Nevada - 57%
Kentucky - 35%	Hawaii - 52%
Nevada - 31%	New Jersey & New Mexico - 43%
Washington - 29%	Oklahoma - 40%
Maryland - 26%	Wyoming - 33%
Wyoming - 25%	Michigan - 26%

Town Hall Meetings: Building Trust Online

by Pam Greenberg

Participants in a series of online town hall meetings with members of Congress reported significantly improved trust, agreement, and satisfaction with government.  These online meetings, according to a new report by the Congressional Management Foundation (CMF)  and a team of academic partners, also found that Internet town hall meetings improved constituents’ approval ratings of members of Congress and increased their probability of voting for the member.   

CMF conducted most of the online town hall meetings with small groups of 15-25 constituents, but one with a group of nearly 200 constituents.  The sessions involved a moderator and a Member of Congress who spoke to constituents via Internet audio.  The constituents posed written questions in real time during the meetings. 

The sessions, conducted with a diverse group of citizens, resulted in hundreds of online questions contributing to high quality discussions about immigration and detainee policy issues. The sessions were extremely popular with constituents—96 percent said they would like to be included in similar events in the future. 

State lawmakers in Washington have held many online town hall meetings in recent years, and legislators in California and Virginia have also held internet or web dialogues with citizens. For another take, see "What's Going on with Town Hall Meetings?"

Photo credit: Eliot Kamenitz, The Times-Picayune archive in nola.com

"My bills were my babies. I loved them all"

by Karl Kurtz

In the middle of a day-long joint hearing by California's recently appointed Assembly and Senate select committees on improving state government, Bob Naylor, a former Assembly minority (Republican) leader, said, "This is the best prolonged discussion of the legislative process, in which members have stayed attentive, that I have ever seen in California."  Fifteen members were present for most of the day and asked challenging and interesting questions of a dozen or so panelists.

The most colorful, provocative and occasionally outrageous testimony was given by State Treasurer Bill Lockyer, who was formerly attorney general and president pro tem of the Senate.  A few of his best one-liners:

• Referring to the cumbersome system of checks and balances in American democracy, he said, "We're part of a system that was designed not to work."  See Dan Walters in the Sacramento Bee.
• In relation to a proposal to allow committee chairs to decide which bills would be heard (California has a practice of hearing all bills), he said that he wouldn't want a committee chair to determine which of his bills were heard.  "My bills were my babies.  I loved all of them."
• "As someone who has served both in the legislative and executive branches, I can say that legislative oversight is often unfair to the executive."
• "Maybe we should have graduated limits on bill introductions. You know, first-term members could introduce just a few bills, second-term members a few more, and so on..."
• Referring to the inexperience problem in the Assembly created by term limits and evidence that Assembly committees stop far fewer bills than they did before term limits: "Two-thirds of the bills that come out of the Assembly should never see the light of day....  Stop it, stop it, stop it!  Nancy Reagan was right: You should just say no."

New Surveys Provide Snapshot of Legislators' Use of Social Media

by Pam Greenberg

Tracking the number of legislators using social media tools seems a daunting task.  NCSL's chart lists legislative caucuses and agencies using these sites, and Karl Kurtz has previously blogged about legislators who tweet.  Several recent surveys, however, are providing a bit more data about the popularity of these sites among lawmakers. 

More than half of Illinois Senators and close to half of House members are using the social media site Facebook, according to a recent detailed survey by Chicago public relations firm Kathy Schaeffer & Associates, Inc.  The detailed results show a smaller number using Twitter, YouTube, or LinkedIn, the business-oriented social networking site.

A survey earlier in 2009, by the Illinois Technology Partnership (ITP), asked Illinois legislators if they used any social networking sites.  About 20 percent responded, and of those, about 30 percent indicated they frequently use these sites, and about nineteen percent said they use them occasionally. Twenty-five percent indicated they did not use social media, but were interested to learn more, but another 25 percent said social networking does not interest them.

The Fiscal Outlook for Higher Education

by Brenda Bautsch

2009 was a tough year for states in terms of funding higher education, and 2010 does not look any better.

The recession has made fiscal conditions worse in the states, and while the federal stimulus funds have helped, states know that those funds will end soon. According to Joni Finney, Vice President on the National Center of Public Policy on Higher Education and a professor at practice at the University of Pennsylvania, most states do not have a plan for funding higher education in the long term.

In this edition of the Buzz, we sit down with Professor Finney to talk about hope for the future. Finney says it is going to take leadership to make sure that states have a plan to fund higher education in the long term. She also says thinking outside of the box might help states find a solution in these unprecedented times.

Listen to this podcast and our other podcasts on college completion rates with David Longanecker and federal policies and programs with the Deputy Under Secretary of Education.

Of Rituals, Swords and Cod: More Symbols of Authority

by Kae Warnock

We human beings carry out a significant portion of our lives on the basis of little rituals. Birthdays are celebrated with candles on the cake, toasts are offered at wedding receptions, and commencement ceremonies are held for graduations.  So it should come as no surprise that legislatures also observe rituals and use symbols to mark the beginning and the end of the legislative session.

The mace is probably the most common symbol in the Anglo-parliamentary world, but other legislative chambers have their own unique practices.

The South Carolina House sergeant-at-arms, dressed in a black suit and tie and wearing white gloves, removes the golden ceremonial mace from its glass-fronted vault and places it in a special rack on the front of the podium. Across the hall, the Senate sergeant-at-arms, similarly dressed, stands outside the chamber. In his right hand is the sword of state. The reading clerk bangs the gavel three times and announces “Members and guests will please rise as we receive our distinguished President”. The sergeant-at-arms carries the sword and leads the lieutenant governor (who is wearing a purple robe) to the front of the chamber. The sergeant at arms places the sword in its cradle on the Senate rostrum and large lamps light up on both ends of the desk.

The South Carolina sword of state is first mentioned in the 1704 Journal of the Commons House of Assembly of South Carolina when it was purchased for the governor.  The original sword was stolen in 1941 and was never recovered. The current sword was presented to the Senate in 1941 as a personal gift from Lord Halifax, former British ambassador to the United States. To learn more about South Carolina's traditions, see "Seals, Flags, House and Senate Emblems."

Florida Civic Health

by Jan Goehring

The National Conference on Citizenship (NCoC) recently released a report about the civic health of Florida and there is room for improvement. Florida ranks 46th in the nation for overall civic life. The study, prepared by the Florida Joint Center for Citizenship, found that the state is 34th in average voter turnout; 49th in the percentage of its citizens who volunteered; 48th in the percentage of its citizens who attended a public meeting; and 37th in the percentage of its citizens who worked with others to address a community issue.

Survey data indicates that the recession has had an impact on citizens' involvement. Participants report that they have reduced their civic participation because of the economy and they believe others have also. There is some good news, however. Those who are already engaged are doing more.

The report suggests a number of activities that can improve citizen engagement. These include education, cross-generational activities, social networks and internet technologies.

The NCoC will be releasing civic health indexes for California, Illinois, Minnesota, New Hampshire and Ohio in the coming weeks. All will be featured on the NCoC website.

What Federal Policies and Programs Can Help States Improve College Completion?

by Brenda Bautsch

President Barack Obama recently announced his goal of having the United States become number one in the world in terms of the number of adults with postsecondary degrees. This is a spot the United States once held, but in today's global economy, has slipped away.

The topic of college completion was the focus of the 6th annual Higher Education Institute in Denver, Colorado. The meeting was held by the National Conference of State Legislatures and allowed legislators from across the country the opportunity to come and share what their state is doing in terms of boosting higher education graduation rates.

Bob Shireman, Deputy Under Secretary at the U.S. Department of Education, spoke to lawmakers about what the federal government is doing today, and what it plans to do in the future, to improve college access and success for everyone.

In this podcast, I was able to sit down with Deputy Under Secretary Shireman and talk to him about federal government action to secure loans and grants for college students and some upcoming reform that could make a postsecondary education more affordable. Shireman also talks about the higher education bill that Congress is working on, and how it could bolster college success.

Listen to this podcast (4:53) and our previous podcast on college completion rates with David Longanecker.

 

Making Data (and Words) Fun

by Gene Rose

Policymakers deal with data on a daily basis. Every now and then, someone applies some creativity to that data and produces a fun and engaging product. A good example of this is a site called Congress Speaks.

A design firm named Periscopic got access to all the words spoken by members of 110th Congress (2007-2008).  Through a clever use of animation, design and interactive features, the company created a thoroughly captivating site that can be used for simple enjoyment or political analysis.

Thanks to the site, I know that former NCSL President Jim Costa, who represents California's 20th Congressional district, spoke 23,141 words on the floor of the U.S. House. Former Florida House Speaker Tom Feeney, who now represents Florida's 24th Congressional district, spoke 11,710 words.

Imagine the match-ups you can create: Barack Obama vs. Hillary Clinton; John McCain vs. Ronald Paul; Rahm Emanuel vs. Nancy Pelosi; and the state of California vs. the state of New York.

The site gives you not only the word count, but also displays the ranking on where each individual (or state) ranks comparatively. The detail box that pops up also provides information on voting records, including how many times they voted "yes" or "no" and how often they voted with their own party.

My favorite part is the tag cloud, which gives a visual representation on what words the Congressman (or state) used the most. For Rep. Costa, "California" and "Fresno" were the two most used words in his remarks, while also frequently mentioning crime, community and energy. For Rep. Feeney, the top two were "space" and "NASA," along with research, science and world. Their word choices reflects the districts they represent and the concerns of their constituents.

The site is a good lesson for legislatures, legislators and public information officers who are seeking ways to engage their citizens. By taking some fairly simple data, Periscopic has given the public an engaging tool to gain some insight to members of Congress.

Take a spin on the site. Let us know your favorite matchups and what you like about the site. And see if you can discover who spoke the most words.