More Ways To Make A Difference

1. More Ways To Make A Difference North Dakota Action Coalition: Health Policy & Advocacy Group

2. LearningObjectives • Why should nurses be engaged/involved in the policy process? • How can nurses influence the process? • How can nurses make sure that their voices are heard?

3. What is “government”? • Government defined: • Merriam Webster defines government as “the group of people who control and make decisions for a country, state, etc.” http://www.merriam-webster.com/dictionary/government • In the United States, we have a representative democracy • Citizens elect leaders to represent their interests in the lawmaking process • The people that an elected official (i.e. Senator, Representative, etc.) represent are known as their “constituents” • Once an individual is elected to public office, nothing legally binds them to vote in a certain way • One of the inherent risks of this type of government– candidates can make certain promises to voters while campaigning, but then behave in a different manner once elected

4. Three Branches of Government • The system of government used in the United States is characterized by a “separation of powers” • Our government is divided into three branches, the: • Legislative branch • Executive branch • Judicial branch • Certain powers are reserved to each branch, creating a system of “checks and balances” • This was designed to prevent any branch of government from obtaining too much power

5. Legislative Branch • The legislative branch is the branch of government tasked with the responsibility of passing laws • At the federal level, the legislative branch is generally referred to as “Congress” • At the state level, the legislative branch is usually referred to as simply the “state legislature” • For both the federal and state government, the legislative branch is “bicameral” • “Bicameral” means that the branch is divided into two separate chambers, the “house” and the “senate”

6. Legislative Branch • Apportionment & Terms • Federal level– outlined in the U.S. Constitution • Senate • Each state has two U.S. senators, regardless of population • Senators represent their entire state and they are selected through a statewide election • Senators are elected to terms of 6 years • Elections are “staggered”, meaning that terms of the 100 American senators concluded at different stages • Every 2 years, approximately 1/3 of the country’s senate seats are up for election • The U.S. Senate was designed to be the more deliberative, slower-moving chamber of Congress

7. Legislative Branch • Apportionment & Terms • Federal level– outlined in the U.S. Constitution • House • The number of house seats allocated to each state is done proportionately, based on population • The larger a state’s population, the more house seats they are allotted • Regardless of population, each state is guaranteed at least one seat in the U.S. House of Representatives • “Reapportionment” is done every 10 years– if the census shows a state has grown or shrunk in population, relative to other states, the number of house seats allotted to them may increase or decrease

8. Legislative Branch • Apportionment & Terms • Federal level– outlined in the U.S. Constitution • House • In states with a single house seat, like North Dakota, representatives are elected by a statewide vote, and they represent the entire state • Most states, however, have multiple seats in the U.S. House • The respective state legislatures divide their state into a number of “congressional districts” (each district is required to be approximately equal in population) based on how many seats they were allotted • These representatives are chosen by elections held within each district, not by a statewide vote • In Congress, they are tasked with representing the constituents of their particular district, not the entire state

9. Legislative Branch • Apportionment & Terms • Federal level– outlined in the U.S. Constitution • House • Members of the House of Representatives are elected to serve terms of two years in length • In contrast with the U.S. Senate, all members of the U.S. House of Representatives face election at the same time (electionsare not staggered) • “The People’s House” • This chamber was designed to be faster moving than the U.S. Senate and more reflective of the citizenry’s changing viewpoints, which is why its members face reelection every two years (as opposed to the U.S. Senate’s six-year term length

10. Legislative Branch • Apportionment & Terms • State level– outlined in the North Dakota Constitution • Members of both the North Dakota Senate and the North Dakota House of Representatives are elected to serve 4-year terms • The state is divided into 47 districts, approximately equal in population • Each legislative district is represented in Bismarck by 1 state senator and 2 state representatives • Elections are staggered, so that approximately half of the state’s legislative districts hold elections every two years

11. Legislative Branch • The two chambers, the Senate and the House, vote on laws separately • If a law passes one chamber, it is sent to the other for consideration • If a law is passed by both the Senate and the House, it is sent to the executive branch to be signed • At the federal level, the law is sent to the President of the United States • At the state level, it is sent to the Governor • A law cannot be sent to the executive branch to be signed unless it passes both chambers of the legislative branch

12. Executive Branch • The executive branch is the branch of government tasked with executing the laws passed by the legislative branch • At the federal level, the executive branch is led by the President of the United States • At the state level, the executive branch is led by the Governor • Both the President and the Governor are elected to serve terms that are four years in length

13. Executive Branch • At the federal level, Presidential and Vice-Presidential candidates run together as a “ticket” • They are elected by a vote of the “electoral college”, not by a popular “majority-rule” vote • Each state has a designated number of votes in the electoral college, equal to the sum of their numbers of U.S. Senators and U.S. Representatives • For example, North Dakota (which has 1 representative and 2 senators [like all states]) has 3 votes in the electoral college, the minimum a state may have • Minnesota (which has 8 representatives and 2 senators) has 10 votes in the electoral college • If a presidential ticket wins the popular vote within a state, they win the whole of that state’s electoral votes (ignoring a few exceptions) • If Presidential Candidate A wins 53% of the vote in Minnesota and Presidential Candidate B receives 47% of the vote, Presidential Candidate A wins all 10 of Minnesota’s electoral votes while Presidential Candidate B receives zero

14. Executive Branch • Electoral College Continued… • Currently, there are 538 votes in the electoral college • Because a candidate must receive a simple majority of votes in the electoral college to win, 270 votes are required • This system can allow for a Presidential ticket receiving fewer votes nationwide than another ticket (that is, losing the popular vote) to still win the presidency • This occurred when George W. Bush was elected in 2000 • Small states like North Dakota have greater influence under this system because they are guaranteed 3 votes in the electoral college

15. Executive Branch • Electoral College Continued… • Electoral College system results in voters from certain states receiving more attention than others • It doesn’t matter how many of a state’s votes a candidate receives if another candidate receives more • Examples: • Democratic presidential candidates put little effort campaigning in Texas, which they know is likely to vote Republican • Republican presidential candidates put little effort campaigning in California, which they know is likely to vote Democratic • If presidential candidates were elected through a nationwide popular vote, Republicans would likely put more effort courting voters in California, as would Democrats in Texas, because even if they do not win in the state, they still benefit from earning some votes

16. Executive Branch • State level • In North Dakota, candidates for the positions of Governor and Lieutenant Governor run together as a unified ticket • They are elected to serve 4-year terms • In contrast to the use of the electoral college at the federal level, a simple statewide election is used to determine North Dakota’s Governor and Lietenant Governor

17. Executive Branch • The head of the executive branch has the power to sign into effect laws passed by the legislative branch • The President (or Governor) also has the power to “veto” legislation sent to them by the legislative branch • If this occurs, the law does not go into effect; rather, it sent back to the legislature for reconsideration • The legislature can override the executive’s veto with the vote of a “supermajority”, 2/3 of each chamber • The legislature can modify (make amendments to) the vetoed legislation, repass it, and send it back to the executive branch • The veto may also “kill” the legislation

18. Executive Branch • The Vice President (federal) and Lieutenant Governor (state) are also members of the executive branch • The Vice President serves as the President of the U.S. Senate and the Lieutenant Governor serves as President of the N.D. Senate • The Vice President/Lieutenant Governor only have the ability to cast votes on legislation in the event of a tie

19. Executive Branch • All of the various governmental departments, charged with implementing and enforcing laws passed by the legislative branch, are a part of the executive branch • Examples at the federal level • Department of Agriculture • Department of Health and Human Services • Department of the Treasury • Examples at the state level • Department of Health • Department of Transportation • Department of Commerce • Heads of these departments are appointed by the Executive Branch

20. Judicial Branch • “The courts system” • The judicial branch is about much more than just trying individuals for crimes • From whitehouse.gov: “Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. The courts, like Congress, can compel the production of evidence and testimony through the use of a subpoena. The inferior courts are constrained by the decisions of the Supreme Court– once the Supreme Court interprets a law, inferior courts must apply the Supreme Court’s interpretation to the facts of a particular case.” http://www.whitehouse.gov/our-government/judicial-branch

21. Judicial Branch • The judicial branch provides a crucial check on the legislative and executive branch • The judicial branch… • Can strike down any law passed by Congress on the grounds of constitutionality • May also rule actions of the President (executive branch) to be unconstitutional • Executive orders • Actions of executive agencies, such as the EPA

22. Judicial Branch • Weaknesses of the judicial branch • The courts cannot act alone • A case must be brought to them • In order for someone to bring a case to them, they must have been wronged • The courts have no enforcement mechanism • They may strike down a law on constitutional grounds, but they have no way of enforcing their decision • The courts need the support of the executive branch in order for their decisions to be implemented/enforced

23. Judicial Branch • At higher levels of government, the judicial branch is insulated from the people • Justices of the Supreme Court/Judges of Federal Courts are appointed by the President and confirmed by the U.S. Senate • In contrast with the legislative/executive branches, they are not elected by the people • This means that they don’t have any voters to appease • Theoretically, this allows justices to vote their conscience, whether or not it will be politically popular

24. Division of Government • How is government power divided at the various levels? • Federal • National level • President, Congress, Supreme Court, etc. • Powers are both originated and limited by the United States Constitution • 10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” • State • Laws apply only to the individual states • Governors, state legislatures, state supreme courts, etc.

25. Division of Government • How is government power divided at the various levels? • City (“Municipal”) • Mayor, City Council, Municipal Court • School Board, Park Board, etc. • Policies apply only to cities themselves • Called “ordinances”, not “laws” • County • County commissions, sheriffs, etc.

26. Why do I need to know about government? • Why is it important to be informed/engaged in the process? • Everything that government does affects us • Recent historical example of issue that had an effect on nursing industry (this issue will be referenced throughout module as well) • Government by the people, for the people • If you don’t stay informed and take advantage of your right to make a difference, then you are, in effect, surrendering your voice • Without your involvement in the process, laws will still be made– but will they be the laws that are best for you, your family, your organization, your business, your career, or any other area of personal interest? • Engagement and involvement allows you to influence the outcome of the policymaking process

27. How are laws made? • Laws can be made a couple of different ways • Laws can be made by elected officials (through the legislative branch) • Laws can also be made by a vote of the people (through referendums, initiatives, etc.) • The first way is far more common • How does this work?

28. How are laws made? • A very brief overview… • First, a bill must be passed by the legislature, which is divided into 2 different chambers • Both chambers (the house and senate) must pass the bill • Next, the bill must be signed by the Governor’s office (executive branch) • Without his signature, the bill doesn’t become law • The governor may “veto” the law and send it back to the legislature unsigned • Even if the governor vetoes a bill passed by the legislature, the bill can still be made into law if both chambers of the legislature vote (with a 2/3 supermajority) to override the governor’s veto • The power to sign/veto legislation is one of the most significant tools at the disposal of the governor in promoting their legislative agenda • Legislators want their legislation to be signed into law, enabling the governor to shape legislation by threatening a veto if changes are not made

29. How are laws made? • A very brief overview… (continued) • Finally, the bill becomes law and is implemented according to the text • Some laws go into effect immediately, while others have a specified date at which they go into effect • The executive branch is charged with executing/implementing the laws passed by the legislature and signed by the governor • Various executive agencies may be assigned various responsibilities in implementing/enforcing the law • They may also develop additional procedures/regulations to “fill in the blanks” of the legislation • Is it really this simple? • Yes and no… • This is how the system works, but there’s a lot that goes on behind the scenes

30. More about the legislature… • How many members are in the House & Senate? • Federal level • Senate: 100 members • House: 435 members, plus 5 nonvoting members that represent the District of Columbia, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands http://www.house.gov/content/learn/ • North Dakota • Senate: 47 members • House: 94 members

31. More about the legislature… • Why the difference in size between the chambers? • At both the state and federal level, the House of Representatives is larger than the Senate • The House is supposed to be the chamber that is more connected to the people • By having more members, the viewpoint of more constituents will be represented • It is more likely that a diverse range of ideas will be considered in discussions • The Senate is designed to be the more deliberative, slower-moving body • It was envisioned as the more “experienced” chamber– at the federal level, Senators must be a minimum 30 years of age, while Representatives need only be 25 • Because the chamber is smaller, it should be easier for negotiations to take place and for consenus to form

32. Campaigns & Elections • How do citizens get chosen to serve in the House & Senate? • Quick overview of the campaign process • 2-Party System • The American political process is characterized by some as a “2-party system” • This is in reference to the two major political parties in the United States • The Republican Party • The Democratic Party • But aren’t there more than two political parties? • Yes! In fact, there are dozens • Two of the more well-known “third-parties” include the Libertarian Party and the Green Party • Some candidates run as independents

33. Campaigns & Elections • So, why do people say we have a 2-party system? • It’s hard to win unless you’re a Republican or a Democrat • Advantages possessed by candidates belonging to either the Republican or Democratic parties can include: • Electoral College • In order to win any votes in the electoral college, a candidate has to win the popular vote in a state • In the 1990s, Ross Perot ran for President twice as a 3rd party candidate and gained a sizeable amount of the vote (18.9% in 1992 under the “United We Stand” party and 8.4% under the “Reform Party” in 1996) http://thecontenders.c-span.org/Contender/15/Ross-Perot.aspx • Perot earned a sizeable amount of the popular vote, but didn’t receive a majority of the popular vote in any state– this means that he didn’t earn a single electoral vote either year • Easier process to get on the Ballot • Party Infrastructure (fundraising, advertising, etc.) • Voter familiarity with the brands of political parties

34. Campaigns & Elections • Primary Election • When most people think of political elections, they think of the general election in November • The candidates that voters get to choose from in November are usually determined through a “primary election” held sometime prior • Per North Dakota Century Code, primary elections are held “On the second Tuesday in June of every general election year” • Primary systems differ by state, so we’ll focus on North Dakota • “Open Primary” style • Voters can only vote for candidates of one political party on election day, i.e. only Republicans or only Democrats • All candidates are on the same ballot • There are not separate ballots for Republicans and Democrats, just different sections on the ballots for candidates of the different parties

35. Campaigns & Elections • Voters in a primary election may choose to vote for either Republican or Democratic candidates once they are in the ballot box, but they cannot vote for both • This means that a voter who considers themselves to be a Democrat could choose to vote for Republican candidates in the primary (or vice versa) and vote for the candidates that they think their party’s candidate would be able to easily defeat in the general election more easily • Most of the time in North Dakota, primary elections are a formality (That is, the majority of the races are not contested by multiple candidates)

36. Campaigns & Elections • How do candidates get their names placed on the ballot? • Most common way: Party endorsement conventions • The Republican and Democratic parties in North Dakota conduct “endorsement conventions” at both the district and state levels • District level • Conventions held to endorse candidates for the state legislature (generally one senate candidate, two house candidates) • Voters attending the convention must be residents of the district • Candidates deliver speeches to attendees, who then vote on their favorites • The candidates that are selected at the district convention are then submitted for inclusion on the primary ballot • These conventions are very grassroots and easy to get involved with • Generally, there are relatively few people in attendance, so each person’s vote can carry significant influence

37. Campaigns & Elections • State-level Conventions • Attendees at the state endorsing conventions are known as “delegates” • Each district is represented at the state endorsing convention by their delegates • The number of delegates allotted to each district is determined b y party rules and are not equal • Delegates for each district are elected to serve in the role at their district conventions • Candidates are endorsed for partisan offices to be voted on statewide, including U.S. Senate, U.S. House, Governor/Lieutenant Governor, Agricultural Commissioner, Attorney General, Public Service Commissioner, Secretary of State, State Auditor, Tax Commissioner, and Treasurer • Most of the time, the candidates selected at endorsement conventions go into the primary uncontested, but sometimes they face challengers who have their name placed on the ballot through a different route

38. Campaigns & Elections • Alternative method for candidates to have their names placed on the ballot: petitions • Candidates can have their name placed on the primary election ballot by submitting a petition signed by a sufficient number of qualified electors • Number of signatures required varies by circumstance • For legislative offices, “the signatures of at least one percent of the total resident population of the legislative district as determined by the most recent federal decennial census” • Required number of signatures for other circumstances can be viewed here:

39. Legislative Districts • North Dakota is divided into 47 legislative districts • Each district is represented in the legislature by 1 senator and 2 representatives • Every 10 years, after the census, the legislature goes through a “redistricting” process where district lines are reevaluated based on changes in population • Each district is supposed to be roughly the same size in population • Section 2 of the North Dakota Constitution states that the legislature shall “guarantee, as nearly as practicable, that every elector is equal to every other elector in the state in the power to cast ballots for legislative candidates.” • The last time redistricting happened in ND was in 2011 • Each district was designed to include approximately 13,664 residents • The largest district was 14,249 • The smallest district was 13,053 • http://www.legis.nd.gov/files/resource/62-2011/legislative-management-final-reports/2011ssfinalreports.pdf?20140214165316

40. The North Dakota Legislature • How often does the legislature meet? • The legislature meets for its regular session once every two years • The maximum length of the regular session is 80 days. The North Dakota Constitution states that “No regular session of the legislative assembly may exceed eighty natural days during the biennium.” http://www.legis.nd.gov/constit/a04.pdf?20140214171800 • These days do not need to be consecutive • North Dakota legislative sessions generally begin in January and end sometime in late April or early May of odd-numbered years • In 2013, the Legislative Assembly convened on January 8th and adjourned on May 4thhttp://www.legis.nd.gov/assembly/63-2013/regular • The Governor may call special sessions of the legislature which do not count toward the 80-day maximum

41. The Legislature • Where does the legislature meet? • The legislature meets for its general session at the state capital building in Bismarck, ND • Interim legislative committees, which meet between legislative sessions, may meet elsewhere in the state

42. The Legislature • What does the legislature “do”? What powers do they have? • The Legislative Assembly passes the laws which govern the state • They appropriate funds for the operation of state government • “Advise and Consent” • Applies only to the senate, not the house • The Governor has the power to make appointments to a variety of positions • As a check on the power of the executive branch, the North Dakota Senate has the power to “advise and consent” the governor on some of these appointments– they must vote to confirm the governor’s appointees • Offices that this applies to include: • Members of the State Board of Higher Education • Commissioner of Financial Institutions • Securities Commissioner http://www.legis.nd.gov/research-center/library/legislative-branch-function-and-process

43. The Legislature • What does the legislature “do”? What powers do they have? • Oversight • It is the duty of the legislature to maintain proper oversight over executive agencies, government subdivisions, and other organizations receiving support from the legislature • They must unsure that these groups are respecting the intent of the legislation they enact • They must ensure that the taxpayer-funds they have allocated are being spent appropriately

44. The Legislature • What’s a bill? What’s a resolution? • A bill, as defined on the website of the North Dakota legislature: “Bills create, amend, or repeal law. To become law, a bill must pass the House of Representatives and the Senate by a majority vote of the members-elect in each house. Bills may be introduced by members of the Legislative Assembly, standing committees, or the Legislative Management. A state executive agency or the North Dakota Supreme Court can have bills automatically introduced in the name of the standing committee to which the bill will be referred. House bills begin with the number 1001, and Senate bills begin with the number 2001. The Constitution of North Dakota (Article IV, Section 13) provides that bills adopted by the Legislative Assembly generally take effect August 1 after filing with the Secretary of State. However, certain appropriations and tax measures become effective July 1. The effective date may be later if specifically written into a bill. The effective date may be earlier if the Legislative Assembly declares an “emergency” and the measure receives a two-thirds vote of the members-elect in each house. http://www.legis.nd.gov/general-information

45. The Legislature • A resolution, as defined on the website of the North Dakota legislature: “Resolutions propose constitutional amendments, express opinions, request actions, congratulate, or console. Resolutions do not have the effect of law. Resolutions are the vehicles used to propose constitutional amendments for voter consideration. Resolutions are used to request an interim study by the Legislative Management on a specific subject. Resolutions frequently express legislative opinion to Congress or other federal offices with regard to federal programs or policies. House concurrent resolutions begin with the number 3001, and Senate concurrent resolutions begin with the number 4001. Concurrent means that a particular resolution must be approved by both the House and Senate. The House or Senate may use resolutions for their own separate business such as memorial resolutions for deceased members, e.g., House Memorial Resolution 7001 and Senate Memorial Resolution 8001.” http://www.legis.nd.gov/general-information

46. The Legislature • What is a “Session Law”? • From the website of the North Dakota State Legislature: • “Session Laws contain the text of all measures enacted (bills) or adopted (resolutions) by a particular Legislative Assembly. Session Laws also include: • Constitutional amendments proposed by the Legislative Assembly. Vote totals are provided for those “approved” or “disapproved” since publication of the preceding Session Laws. • Initiated laws or constitutional amendments and referred bills submitted to voters since publication of the preceding Session Laws (includes vote totals). • Governor’s veto messages. • Lists of House and Senate members. • A statewide legislative district map. • Recent Session Laws are online at http://www.legis.nd.gov. “ http://www.legis.nd.gov/general-information

47. The Legislature • Who are my legislators? Where do I go to find out? Is it okay to contact them? • Every district in North Dakota contains one seat in the Senate and one seat in the House of Representatives • This means that every North Dakotan is represented in the Legislative Assembly by one state senator and two state representatives (except in rare circumstances where a seat is vacant for whatever reason) • To find out who your legislators are, you must first know what legislative district you are in • Your legislative district is determined based on your residency in the state

48. The Legislature • How is my residency determined? • Section 54-01-26 of the North Dakota Century Code “Residence – Rules for determining” lays out some basic rules, several of which are displayed below • “Every person has in law a residence. In determining the place of residence, the following rules must be observed:” • It is the place where one remains when not called elsewhere for labor or other special or temporary purpose and to which the person returns in seasons of repose. • There can only be one residence. • A residence cannot be lost until another is gained. • The residence can be changed only by the union of act and intent http://www.legis.nd.gov/cencode/t54c01.pdf?20140221202219 • Article II of the North Dakota Constitution emphasizes that “No elector shall lose his residency for voting eligibility solely by reason of his absence from the state.” http://www.legis.nd.gov/constit/a02.pdf?20140221203528

49. The Legislature • How is my residency determined? • Section 16.1-01-14 of the North Dakota Century Code establishes that, to be a qualified elector for a given precinct or district, an individual must have resided there for at least 30 days prior to the election • If you have lived in the same location for more than 30 days, that location is your residency • If you have not yet lived in a location for 30 days, your previous address is still used to determine your residency • Biggest takeaway: you establish residency by living in a location for 30 days. If you move, you do not forfeit your previous residency status until you reestablish yourself somewhere else

50. The Legislature • This is a map of the state divided by legislative districts http://www.legis.nd.gov/files/district-maps/2013-2022/population.pdf?20140221194112