1. Introduction
Animal advocates engage in a large repertoire of actions to try and influence legislation. Animal advocates are especially known by the public for their social campaigns, which aim to raise awareness about animal protection issues. However, the strategy of animal advocates can also include legislative advocacy, defined as “efforts to influence the introduction, enactment, or modification of legislation.” Legislative advocacy is an umbrella term used to describe many forms of advocacy aimed at those with legislative powers. The most common form of legislative advocacy is direct lobbying. The distinction between general legislative advocacy and lobbying can be difficult to parse, but is important for the purposes of this resource. Direct lobbying refers to any work designed to shape legislation through contact with legislators, their offices, or other government officials. Legislative advocacy is the pursuit of legislative change, with direct lobbying encompassing a narrower, jurisdictionally defined type of legislative advocacy. Legislative advocacy can include attending a city council meeting and speaking up about a particular issue, or writing a letter to the editor of a local paper, or hosting a protest. Such advocacy is not necessarily lobbying that needs to be reported to the government, depending on the parameters of lobbying in the government system you are working in. Because each jurisdiction has specific rules and requirements for lobbying, it is important to research the relevant regulations before beginning this work.
2. Types of Legislative Advocacy: Lobbying
Lobbying, or attempting to shape legislation through contact with legislators, their offices, or other government officials, is one of the most powerful ways to make legislative change. No matter one’s age, occupation, or political affiliation, citizens of democratic government systems may contact legislators regarding issues they want to be addressed. By hearing directly from constituents via lobbying, legislators and key decision-makers can assess and prioritise the concerns of the individuals they represent. Lobbying itself can take many forms, including emailing, calling, and meeting with legislators to express opinions or to convince them to champion an issue. This section of the resource focuses on how to go about securing meetings with legislative offices, how to lobby successfully, and the importance of building relationships with legislators. The following subsections provide step-by-step directions for lobbying legislators while providing tips and tools for successful advocacy.
2.1. Get Informed: The Issue
Before starting lobbying, advocates should have a firm grasp on the issue they are working on so as to handle lobbying meetings with confidence. If you have a rudimentary understanding of what you would like to regulate and the corresponding issues to be addressed but want more information, it is recommended to seek out experts on the topic. Advocates can reach out to an organisation that does work on the issue and see if they can provide proper language, statistics, and background information. At the very least, advocates can use online search engines to obtain more details about the issue, how it can be regulated, and why regulating it in the manner you desire is optimal. Advocates should keep in mind that lobbying is not about talking to legislators about a general subject; rather, lobbying is about approaching them with a specific action they should take. (For more on action prioritisation, see “Prioritising Policies for Advocacy.”)
Advocates should research which, if any, other NGOs are actively engaged with legislators in your cause area. If a more well established or resourced organisation is already lobbying legislators in the area you care about, it may be more effective to work in collaboration, volunteer your time to the other organisation, or choose a different “ask”. When doing this research consider NGOs outside of the Animal Protection Movement, for instance those working in climate, social justice, worker’s rights or health. Building a coalition around your cause, particularly if it addresses the demands of a broad range of groups, can be an effective means to build traction for your cause. These other organisations may have existing relationships with legislators that can be leveraged.
2.2. Get Informed: Legislators
Next, advocates should decide which legislators to contact. When lobbying on the federal/ EU, or state/national level, advocates can search for Members of Congress, or Parliaments who serve the applicable jurisdictions (for example, the US Congress and the European Parliament). Advocates interested in a local campaign can also research their city council members and other relevant official bodies like bureaus, county structures, and regional governments. No matter what level of government advocates work within, it is a good idea to reach out to their own legislators first, particularly in the U.S., for a few reasons. Constituents hold a special power in their relationship with legislators because lawmakers are more inclined to prioritise the causes constituents care about and listen to what they have to say. Furthermore, if legislators that do not represent advocates ask if the advocates have already reached out to their own legislators, the advocates should be able to respond affirmatively with what their legislators said (or a good reason why they have not contacted them.) With the resources available online, advocates can quickly learn who their legislative leaders are, their party affiliation, what issues they care about, and what committees they sit on. In some jurisdictions, online resources will provide legislative representatives’ voting history, and whether they are up for re-election anytime soon.
Once advocates have a broader understanding as to who their legislators are, they can search for more specific information, such as whether these legislators supported or opposed an animal protection issue in the past; or whether they sponsored, co-sponsored, or voted on any legislation connected to an animal protection topic (for instance, Votesmart.org is a great resource for obtaining this information about legislators in the US). When beginning this research, it is a good idea for advocates in the U.S. to start with the legislators that represent them and assess if they seem open to supporting the advocate’s cause. Then, advocates can expand the search by surveying the other legislators in the relevant legislative branch. Here are a few questions advocates can try and answer: Are there any politicians who are particularly interested in this issue, or have expressed support for animal welfare causes? Who (or what committee) will this legislative proposal most likely be sent to? In addition to tracking the information of one’s own legislators, it is recommended that advocates identify other decision-makers who might be good to have in one’s corner and keep a written reminder of why these legislators might support the cause.
Lastly, before reaching out to schedule the lobbying meeting, advocates should make sure to know the rules related to lobbying in the relevant jurisdiction (city, state, state or Member State, federal government). The EU and its 27 Member States, as well as the U.S. federal government and all 50 states have lobbying disclosure and registration requirements, which often include the number of hours lobbied and the nature of the lobbying activity allowed without registering or reporting. Advocates need to determine whether their activities meet the definition of lobbying and whether those activities need to be reported. For example, here are the definitions of lobbying in the city of Portland and state of Oregon, and the EU:
- Portland: “Attempting to influence the official action of City officials. Lobbying includes time spent preparing emails and letters and preparing for oral communication with a City official.” (Portland, Oregon, Municipal Code § 2.12.020 (2022))
- Oregon: “Influencing, or attempting to influence, legislative action through oral or written communication with legislative officials, solicitation of executive officials or other persons to influence or attempt to influence legislative action or attempting to obtain the goodwill of legislative officials.” (Or. Rev. Stat. Ann. § 171.725)
- EU: “Activities carried out by interest representatives with the objective of influencing the formulation or implementation of policy or legislation, or the decision-making processes of the signatory institutions or other Union institutions, bodies, offices and agencies [...]. Covered activities [...] include inter alia: “(a) organising or participating in meetings, conferences or events, as well as engaging in any similar contacts with Union institutions; (b) contributing to or participating in consultations, hearings or other similar initiatives; (c) organising communication campaigns, platforms, networks and grassroots initiatives; (d) preparing or commissioning policy and position papers, amendments, opinion polls and surveys, open letters and other communication or information material, and commissioning and carrying out research.” (Article 3, Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a Mandatory Transparency Register, 2021 OJ (L 207) 1–17.)
If one’s lobbying activities meet the threshold that triggers the jurisdiction’s disclosure and registration requirements, they must register and accurately track and report their lobbying activities.
2.3. Contacting Legislators
When getting in touch with legislators, it is important to know there is a good chance the legislator will not be available to meet with directly. Legislators usually have policy advisors, assistants, members of the cabinet, or other office staff members who meet with constituents and relay information to the legislators. No matter who you are offered a meeting with, it is recommended to agree to meet with them. By building a positive relationship with a lower-level legislative staff member or assistant, they may forward the issue to other staff members, assistants or the legislator. Also, because legislative advocacy is a long-term strategy, consider that junior staff members and assistants may one day become senior staff members with more power to support the cause. It is also common for junior legislative staff members to shift positions to other governmental bodies and connecting with that other audience via a junior staffer ally might be just what is needed for a successful legislative campaign. Additionally, someone’s title or status may not accurately reflect their ability to help propel the issue forward. And, of course, educating anyone within the legislative realm about the issue is likely to help, whereas missed opportunities cannot. It is usually a good idea to contact multiple relevant legislators at once. Some relationships may progress more quickly than others, and some legislators might be persuaded by the knowledge that others support your cause.
After deciding which legislators to contact, advocates must decide how to initiate the conversation: email or call the legislator’s office. Email is the quickest and often most effective way to request a meeting with legislators. Email allows advocates to thoughtfully plan out what they would like to discuss with the legislator and provides the opportunity to make a good first impression. When crafting the initial outreach email to legislators, it is highly recommended to be clear about the topic to be discussed and who will attend the requested lobbying meeting. In your correspondence, you can express gratitude for the work and/or voting record of the legislator that aligns with your own values.
Advocates should also make sure to use the legislators’ title (e.g., Senator Jones, Representative Smith, Member of the European Parliament Dupont) and a respectful, positive, and appreciative tone. If you can, attach or summarise a one-page or other concise document laying out any information that the legislator’s staff can read beforehand. Sending this information in the initial outreach email saves advocates and the legislative staff time during the lobbying meeting and allows the legislative office to more deeply inquire about the issue and the request. That being said, be strategic about what to leave for the in-person discussion. Sometimes, but not always, it is better to omit certain disadvantages of one’s opinion or proposal from the initial email and wait to see if the legislative staff asks about the downsides. If an advocate has good responses for the downsides, they may want to offer both the concern and the response before the meeting. However, advocates should be cautious withholding disadvantages of their proposal later in your engagement with legislators. Legislative advocacy is about building relationships, so it may be harmful to the relationship if a legislator later finds out there are downsides to your proposal that you have not informed them. Instead you should critically look at your proposal for shortcomings and issues and prepare your response.
When attempting to schedule a meeting with a legislator’s office, be flexible about the timing but forward about the request at hand. Advocates may propose specific dates and times to meet in the coming weeks and ask if any of those options work for the legislative office. Advocates can show that they are respectful of the legislator’s time by adding that if none of those times work for the legislator, they are willing to do whatever is best for their office. Hopefully, a legislative assistant replies sooner rather than later. But legislative staff members can have ten or fifteen meetings a day and simply not have the bandwidth to respond right away. Before sending a request for a meeting, it is useful to check the legislative calendar—are the legislators in session, actively making laws? If so, they could be particularly busy. Lobbying requires patience, and the legislative office may not respond for a little while. Meetings can also be scheduled and cancelled (maybe even more than once) given the hectic nature of the lawmaking process. If it has been two full weeks since an advocate originally reached out and they still have not heard back from the legislator’s office, it is appropriate to politely follow back up and see if they have time to schedule a meeting. Because delay is so common, it is important to start this process well before any decision-making deadlines approach. The legislative office will need considerable time to schedule the meeting, consider the request, and follow up as appropriate.
2.4. Preparing for the Meeting
If the legislative office schedules a meeting with the advocate, the advocate should organise all pertinent information before the date of the meeting. Because lobbying meetings tend to run rather short (ten to thirty minutes), preparing for the meeting is where most of the legislative advocacy lies. Advocates may bring a notepad with specific pieces of information they want to be sure to convey (or might forget). It may also be helpful to print persuasive yet succinct materials to give the legislative staffer during the meeting (things that have not already been shared). This material is often a one-page fact sheet or draft bill. You can create a visually interesting one-pager by including pictures, graphs and diagrams. These documents help the legislative staffer gauge how much thought the advocate has put into this proposal and can save them the time and energy of doing research on their own. However, do not take it personally if they have critiques or substantial edits for the draft bill, as legislators tend to write legislation themselves. Also do not be surprised if it appears they have not read any of the materials sent to them before the meeting. Sometimes, they do not have time to prepare for these meetings because they are already engaged with many other matters. Other times, they may have read the materials, but want to hear what the constituent has to say about the issue. It is also possible that the legislator and their staff are not well informed about your cause area as a legislator’s brief is wide ranging. The purpose of your one-page fact sheet or bill is to provide the essential information for a legislator to decide whether to support your efforts.
When assembling these materials, ask yourself: what is my measure of success for this lobbying meeting? Success might be receiving interest from that office in working on this issue further. But success can also be introducing yourself or a nonprofit organisation you work with and briefly raise the legislative office’s awareness on the issue. It is recommended to set reasonable expectations for the meeting as well as being intentional about your long-term goals and ensuring that your materials and demeanour enable your vision of success.
2.5. Meeting with Legislators
The COVID-19 pandemic permanently changed the ways in which we communicate with one another, including meeting with legislators. Traditionally, individuals or groups could request in-person meetings with elected officials to lobby them on a particular issue. But since March 2020, in-person meetings are not always feasible. Instead, advocates may receive information about how to have a phone call or video conference call with a legislative staffer. Virtual meetings can be just as effective as in-person meetings and require an equal amount of practice. They can even be far more convenient as they avoid the need to travel to the legislator’s office. No matter the setting, advocates should speak confidently and clearly about their issue to communicate effectively. Practising the short presentation as well as answers to anticipated questions helps get there.
If the meeting is in-person, research the distance and time of travel, modes of available transportation, parking accommodations and costs (if applicable), as well as rules pertaining to building access, as most parliaments require visitors to complete a registration and security check. If the meeting is virtual, check a few days before the meeting for suitable technology and accounts, making sure you have the right software uploaded to your computer and that it is up to date. Also consider where to conduct a virtual meeting, keeping in mind lighting, noise, and backgrounds. Whether the meeting is virtual or in-person, wear professional attire and maintain eye contact as much as possible.
If the meeting includes more than one constituent or advocate, it is crucial to assign roles for each person ahead of time. One person can be the facilitator, who introduces the individuals who requested the meeting, briefly states the issue, and facilitates the conversation throughout the meeting. Another person can be the storyteller, who uses their power as a constituent and personal connection to the issue to amplify the urgency or weight of what needs to be conveyed, or the expert, who presents the legislator with the issues and proposed solutions. And if someone wants to attend the meeting but not lead the conversation, they can always be the notetaker who is responsible for recording the legislative staffer’s responses, or the person who can share certain facts or information.
When the meeting is about to start, advocates will find themselves waiting outside an office, in a virtual waiting room, or staring at their phone anticipating a call. Whichever situation presents itself, be sure to arrive earlier than the designated meeting time. As introductions begin (name, home location, relevant affiliations), remember that this is likely not the legislative staffer’s first meeting of the day. Do not speak too quickly or assume they are familiar with the issue. At the same time, avoid condescension and meet the legislator where they are. If feelings of fear and intimidation arise as the meeting begins, remember: this is simply a conversation. Advocates are there to share information, make a case for a specific action, and see how the legislative staffer reacts. Listen closely to the staffer’s responses and concerns and address them honestly and positively. Never make anything up on the spot. By sharing information that is inaccurate, advocates reduce their chances of being seen as credible. Instead, when unsure of what to say, advocates should let them know they will do some research and follow up with the legislator’s office after the meeting to properly answer their question.
With introductions out of the way, it can be helpful to start the conversation with something the legislator cares about that can segue into your topic. Sharing facts, data, or stories that relate to the issue and resonate with the legislators’ interests signify that the advocate knows the legislator well and is aligned with their values. In the animal welfare context, this usually means laying out a diverse array of arguments for the cause. For example, if an advocate wants to put forward a bill to regulate the dairy industry in their state and their legislator is a known environmental advocate, discussing the link between dairy production and climate change can incentivize that legislator to view the issue as politically significant from the beginning of the conversation. Advocates do not have to ignore issues of animal welfare altogether in the pursuit of finding common ground but attempting to guilt or scare the legislator into action will likely not be effective. Therefore, it is recommended to describe the reasons why the issue is important from several perspectives depending on your interlocutor’s concerns, political positions, and background.
While conveying the overarching message to the legislator, also keep these recommendations in mind:
- If the advocate sent the legislators’ office any materials ahead of time, do not read them aloud during the meeting. Advocates should always avoid reading from their notes directly and instead practise what they want to say to the legislator at least a few times before the meeting.
- Concisely deliver the main points, without a PowerPoint or visual aid, while maintaining a comfortable dialogue. (Be prepared for the possibility that you will be meeting for a short time, with no equipment to project slides.)
- Acknowledge viewpoints that are contradictory to the legislator’s opinions or actions. This is a strategic choice and is not always the right one. But it can show under the right circumstances that the advocate considered perspectives beyond their own, did their homework, and saved the legislative staffers the time of looking into opposing arguments on their own.
- If the legislator or their staffer makes an argument you don’t agree with, stay calm, don’t become emotional and disagree respectively. It is likely you will need support from legislators from across the political spectrum, demonstrating you can work with a legislator on one issue while respectfully disagreeing on another may be necessary for the success of your cause.
- It is usually advantageous to mention the other legislators you are speaking to and who are supportive of your cause or proposed bill. Legislators are more likely to support a bill if they are aware their peers are also supportive.
Before the meeting ends, make the “ask” the meeting was set up for—whether that is supporting a proposed bill, setting up an informational hearing, sponsoring a proposed bill, or some other legislative action. In formulating this request, create a clear and concise description of exactly what the legislator should do and why. Legislative staffers rarely have the capacity to make commitments on the spot, they will likely respond that their office is either not interested or will review the proposal in more depth and reach back out when they can. If the meeting goes well and the legislative staffer engages with the issue, advocates may also ask the legislative staffer if they have any strategic advice to move the proposal or cause forward. From there, thank the legislative staffer for their time and consideration, and leave the meeting with the knowledge that you are making concrete steps towards improving the lives of animals. It is not recommended to¡ ask for pictures or to post about meetings on social media. Instead, advocates should reserve these types of actions for official meetings and campaign actions. If advocates want to communicate about their meetings, they can do so in a way that does not identify who they met with.
2.6. Following Up with Legislators
Lobbying for one’s cause does not end simply because the first lobbying meeting is over. Lobbying is all about long-term relationship building. Advocates can nurture the connection by following up and demonstrating not only that the issue discussed is important, but that they are friendly and easy to work with. After the meeting ends, send a thank you note or email to the legislative staffer. If the staffer asked for any additional information during the meeting, or if the advocate offered any, the advocate should promptly get back to them with that information. For that reason, advocates should always make sure to allocate time after a meeting to prepare follow up documentations that the interlocutors will likely ask, as some of these documents will require time to research and put together. If the legislative staffer seemed in favour of the advocate’s stance, the advocate should reiterate their request and thank them for their support. If the staffer was noncommittal or outright opposed to the advocate’s stance, the advocate should repeat their key points and encourage them to support or consider the ask. Sometimes, advocates can ask legislators who are unsupportive not to oppose the proposal. When keeping an eye on this legislator’s activity, be sure to thank them for any votes or legislative actions they take that endorse the cause or other relevant, good causes. And if there has been no traction on the issue since the initial meeting, consider whether to reach out again to remind them of the discussion, restate the ask, and thank them once more.
2.7. Other Avenues to Make Your Voice Heard
For a plethora of reasons, setting up a meeting with a legislative office is not always desirable or feasible. However, advocates can still lobby legislators on issues they care about. Advocates can email or call the legislator’s office, attend local government meetings such as town hall meetings and public forums, and testify at hearings or city council meetings. When emailing or calling, it is recommended that advocates see if they can talk to a staffer that is involved in or familiar with the issue, as staffers tend to have designated areas of work within their offices, like environment or business. Advocates should identify the reason for the communication clearly and early on, mention why the issue is important, and should not forget to make the specific action request in the email or call. Additionally, when possible, advocates should avoid copying template outreach emails. Making the communication personal, genuine, and narrative-based increases the likelihood that the contact will be noted and even responded to. Similar advice applies for a phone call, which can be equally if not more productive than an email. Talking with a legislative office over the phone provides the potential for advocates to learn what the staffer thinks in response to the request and pick up cues as to what the next steps should be, and in a more timely manner than email.
Lastly, advocates that want to avoid the pressure of leading a lobbying meeting can attend and/or testify at city council meetings, public forums, and bill hearings in jurisdictions where these public consultations processes exist, such as the US and certain EU Member States. Furnishing advice or thoughts on these pathways of legislative engagement could fill an entirely different legislative resource, and there are plenty of accessible resources available to learn more about speaking at public forums or hearings in the different jurisdiction.
3. Types of Legislative Advocacy: Ballot Initiatives, Official Petitions, and Referendums
The initiative and referendum are common in not just the U.S., but other countries like Switzerland, France, Italy, Ireland, and Australia. Once you have identified how you would like to advocate for animals using the initiative or referendum process available in your area, identify how you can contribute. Even if you have never heard about ballot initiatives or referendums before, you can have a role in executing a successful ballot measure. Successful ballot measures require conducting and sharing research, writing out the proposal, working with public officials to circulate the proposal, hosting speaker panels, running public education campaigns, gathering signatures, and fundraising. There are countless ways to help a ballot measure campaign and just by being a registered voter, you have already completed an important first step in using this electoral device to advocate for animals.
3.1. Ballot Initiatives and Referendums in the US
Ballot initiatives in the US are a valuable means for citizens to bypass their local or state legislature by putting proposed statutes, ordinances, or constitutional amendments directly onto ballots. The initiative process has the power to create, edit, or repeal local and state laws or amend local charters and state constitutions. This process is often encoded in U.S. state constitutions, and is available to registered voters in twenty-six states. Often discussed in tandem with the initiative process is the referendum process, which refers to citizens voting on whether to uphold or repeal a law that successfully passed through the legislature. Both the initiative and referendum processes are discussed below, beginning with the initiative process. Neither process is a good first step. If advocates pursue these options without first having tried the legislative route, they are not likely to be successful.
The initiative process takes on two central forms: direct and indirect. The direct process is much more common and involves qualifying proposals being put on the ballot for citizens to vote on. In the indirect process, however, the proposal is sent to the legislature for legislators to approve or reject the proposal. If the proposal is rejected during this indirect process, the initiative proposal goes on the ballot for voters to make the ultimate decision. And if the legislature approves the proposal, there is no need for further work.
With no federal laws governing the ballot initiative process, advocates rely on state election laws for rules regulating how a proposal may qualify for ballot placement. No uniform set of requirements exist, but there are a few key steps that are widely used for the direct initiative process. The group responsible for the proposal must first file the proposed petition with a designated state official who will review the petition and ensure adherence to relevant statutory requirements (title, summary language, single issue, location in the law and on the ballot, etc.). Once a ballot title and summary are agreed upon, advocates may seek the required number of signatures supporting the initiative’s placement on the ballot. With enough signatures, the organising group may submit the petition to a state elections official who will verify the signatures acquired. If the quantity of signatures is deemed valid, the initiative goes on the ballot (or, for the indirect initiative process, the proposal is sent to the legislature). The typical requirement is that once the initiative is on the ballot, it must be approved by a majority vote for it to be enacted. These steps provide a general roadmap to the initiative process, but jurisdictions have different parameters for each part of the process. All states mandate that citizens gather registered voters’ signatures for an initiative to be put on the ballot, but elements like the number of signatures, the geographic location of signed voters, and the timeframe for collecting signatures varies by jurisdiction.
The referendum process in the US is similar to the initiative process in that a measure is placed on a ballot because of a voter petition. In contrast, however, the popular referendum provides voters with the opportunity to repeal an act of the legislature (or sometimes to recall a legislator or government official). If voters do not approve of a law passed by legislators, those voters may gather signatures to put the law up for a popular vote. Often, voters have a ninety-day window from when the law is passed to obtain enough signatures. With the signatures gathered and verified, the issue is placed on the ballot and voters may decide the law’s fate. If voters decide to keep the law, it will take effect as scheduled. But if voters vote against the law, the law is voided and will not take effect. Twenty-four U.S. states permit referendums, with most of those states also allowing initiatives. Compared to initiatives, referendums are much more rare.
Referendums can either be optional or obligatory. Optional referendums entail the process just described, where a law is subjected to a popular vote because enough voters petitioned for that opportunity. Obligatory referendums occur when statutes or constitutions mandate that certain types of legislative action undergo a popular vote. For example, constitutional amendments proposed by legislators will be subject to the obligatory referendum in most U.S. states. Bond issues, tax questions, and other narrow matters are usually the type of matters that give rise to obligatory referendums.
Although there is no ballot initiative process at the federal level, state ballot measures are responsible for significant policy change across the U.S., including raising the minimum wage, enacting marriage equality laws, and decriminalising marijuana. Ballot measures have offered the opportunity to make enormous strides for nonhuman animals. A movement-defining 2018 California ballot measure called Proposition 12 prohibited the confinement of breeding pigs, calves raised for veal, and egg-laying hens below a specific number of square feet. Proposition 12 reaches not just California producers and consumers, but producers across the country who may not sell noncompliant animal products from out-of-state. Some call Proposition 12 the strongest law in the U.S. for protecting farmed animals. The far-reaching impact of Proposition 12 has not been without backlash. Indeed because the impact of the change to farming practices is largely felt outside of California, the pork industry has retaliated - stalling the implementation of the measure - by challenging the bill’s legality in several courts. The challenge has reached the highest court in the U.S. legal system, the Supreme Court of Justice, who will rule on the fate of the measure. However, national notoriety is not needed to utilise the ballot initiative process to improve the lives of animals. Four states have banned greyhound racing and gestation crates, three have banned cockfighting, and two have banned canned hunts using ballot measures. Advocates throughout the U.S. have tackled and successfully regulated trapping, hunting, puppy mills, and other animal-related topics with ballot measures. Advocates can continue this work by identifying a need for animals in their municipality or state and working on a ballot initiative or referendum to properly address it. Advocates interested in organising a ballot initiative or referendum campaign should check their local jurisdiction for whether these electoral tools are available.
3.2. The European Citizens’ Initiative (ECI)
Certain European jurisdictions also provide the possibility for citizens to initiate referendums, by which a minimum number of citizens can put a legislative proposal to the vote.
Additionally, at EU level, since 2009, EU citizens can also officially request the European Commission – the executive branch of the EU – to enact legislation within its field of competence. They can do so through an official petition mechanism called the European Citizens’ Initiative (ECI). Specifically, EU citizens must gather at least one million signatures in at least seven EU Member States. Unlike referendums and ballot initiatives though, ECIs merely call on the European Commission to enact legislation, as ECIs do not directly result in the adoption of legal acts. Although the European Commission is not bound to answer positively to an ECI, the European Commission still has to provide an answer as to why it decides not to enact legislation requested through an ECI. An example of a successful ECI is the “End the Cage” ECI, which seeks to prohibit the use of cages in EU animal agriculture.
4. Other Forms of Advocacy
The purpose of this resource is to provide a foundation of knowledge for individuals interested in legislative advocacy, but there are plenty of other forms of advocacy that are equally valuable to the pursuit of animal protection. This section briefly explores a few of those methods of advocacy to remind you that even if legislative advocacy is not ultimately what you decide to pursue, there are countless other ways to help animals. Your organisation may even have the capacity to undertake multiple forms of advocacy, or work in concert with other organisations, as a plurality of tactics can be the most effective way to bring about change.
4.1 Litigation
Litigation refers to the process of settling disputes in the public court system. Animal law litigators file lawsuits against individuals or companies to protect animals, by relying on existing statutes and common law rulings to formulate claims of action. When they win lawsuits, litigators are capable of not just defending the interests of specific animals, but also creating new rights and sources of protections for all kinds of animals. Justice v. Vercher, a case filed by the Animal Legal Defense Fund (ALDF), showcases the potential power animal law litigation holds for the future of human-animal relationships. ALDF filed the case in Oregon State Court in 2018 on behalf of an abused horse named Justice. In seeking the costs of Justice’s ongoing medical care and compensation for his pain and suffering, ALDF hopes to establish with this case that animals have a legal right to sue their abusers in court.
It is also important to note that lawsuits are typically brought for violation or vindication of rules enshrined in laws, and so represent an essential mechanism to improve enforcement of existing laws Litigation-based efforts have contributed to improving enforcement of existing legislation in the EU for instance, where the European Commission (the EU?s executive branch) sued certain EU countries for failing to comply with the ban on non-enriched battery cages and the requirement to stun animals prior to their bleeding.
Litigation can be a powerful tool for change especially in Common law countries, such as the UK, the US, Australia, and New Zealand, where court rulings can have the same legal value as law – unlike civil law countries, where court rulings tend to have a lesser legal value compared to laws.
4.2 Administrative Advocacy
Administrative law regulates the operation and procedures of government agencies. In the U.S., agencies that govern the use and protection of animals include the Food and Drug Administration (FDA), the National Oceanic and Atmospheric Administration (NOAA), the U.S. Department of Agriculture (USDA), the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS), and many more. Agencies such as these promulgate regulations, which are rules that government agencies put in place to implement statutory law. Advocates can influence the formation or application of these rules to improve or save animal lives. For example, advocates can help ensure that the protections outlined for threatened aquatic species under the U.S. Endangered Species Act regulations are in fact being enforced to the best of our government’s ability.
In the EU, agencies do not have rulemaking power, and only the European Commission can enact regulations, under the form of delegated acts and implementing acts, which are adopted in committees of experts from all 27 Member States. These delegated and implementing acts specify the ways in which EU law should be implemented.
If not in the U.S. or EU, you should research your relevant national agencies to determine what powers they have, and whether they are a suitable target for your advocacy.
4.3. Scientific Research
Animal scientists and social scientists have made remarkable strides in the last few decades in proving that many animals, including many aquatic species, are sentient, vital to the ecosystems they inhabit, and that the pollution and degradation that accompanies animal exploitation have detrimental impacts on humans’ ability to thrive on earth. Advocates of all kinds use these scientifically significant findings to lobby for legislation, strengthen arguments in court, and develop management and production practices that safeguard animals and their homes. A terrific example highlighting the importance of scientific research to animal protection is the recent amendment to the United Kingdom’s Animal Welfare (Sentience) Bill. The Foundations of Animal Sentience project published strong scientific evidence indicating that Cephalopod Mollusks and Decapod Crustaceans can experience pain and distress. Based on the findings of that report, the UK government expanded the scope of the Animal Welfare (Sentience) Bill to include all animals from these groups, including octopuses, squid, crabs, lobsters, crayfish, and cuttlefish.
4.4. Corporate Outreach
Advocates working within the corporate outreach space do several things, including ensuring companies are complying with existing animal protection laws and encouraging businesses to implement meaningful protections to reduce animal suffering. Corporate outreach advocates communicate directly with industry members to convince them that it is in their best interest to willingly change their internal production methods and procedures. Such advocates often focus on specific requests, such as adopting improved standards of care, enhancing certification requirements, and offering plant-based alternatives.
The Humane League’s work is one example of the power of corporate outreach. As of early 2016, the Humane League’s corporate campaigners secured commitments from over 200 companies to transition to cage-free systems for birds within ten years. These commitments are estimated to prevent the suffering of 225 million hens from battery cage confinement every year. Advocates across the globe are participating in corporate campaigns like this one, which tangibly improve the lives of millions of animals on an annual basis.
4.5. Social Campaigns
Lastly, we have social campaigns as a tool for change. Social campaigns are a method of mobilising individuals and groups to take action for animals. Such actions can include a variety of tactics, like initiating a letter writing campaign, collecting signatures for petitions, and coordinating social media campaigns to pressure relevant targets.
An example of the power of social organising is the movement to end the breeding and captivity of orcas in aquariums and marine parks. The 2013 documentary Blackfish, in conjunction with mass calls of action on social media, led SeaWorld’s stock market price to drastically fall and the state of California to pass a bill prohibiting killer whale captivity, breeding, and trade. The public education and pressure campaign created substantive legal and industry improvements for orcas in the U.S., and may have helped later successful efforts in Canada and elsewhere, indicating the capacity social campaigns have to make change for animals.
5. Methods of Legislative Advocacy: Which is Right for You?
This resource has covered several available methods of legislative advocacy: voting, lobbying for city or state legislation, and ballot initiatives. Now it is time to assess which method of advocacy suits you best for your work. The following section will talk broadly about the advantages and disadvantages of the methods of legislative advocacy explored in this resource, and hopefully empower you to see how you as an individual can get involved in legislative campaigns.
5.1. Lobbying for City & State Legislation
Unlike voting, lobbying for city or state legislation requires a tremendous amount of time and resources. Advocates involved in city or state legislative campaigns must have the expertise to draft or amend legislation, build relationships with legislative offices, pay for campaign materials, and amass public support to achieve success. Do not be intimidated by the prospect of legislative campaigning. Lobbying for city or state legislation is never a solo task—you are always working as a part of a collective effort. And even if you feel as though you do not possess the requisite experience or resources to contribute, remember that there are sources of guidance and support to help you become a valuable member of a legislative campaign team. If you are interested in drafting new legislation or amending existing legislation but have never done it before, you can contact local advocacy groups, nonprofit organisations, and legislative professionals who can provide insight about how to get started. A relevant resource is the Coller Animal Law Forum, which lists positive examples of laws and policies adopted around the world. If you have funds to share but not time or energy, you can donate directly to campaigns or organisations fighting for the legislative change you want to see. Or if you simply have a few minutes of your day to spare, you can support an ongoing campaign by contacting your local representative and letting them know how they can best align with your values as a constituent. Successfully advocating for city and state legislation requires many individuals taking on supportive roles, which anyone can do.
Because of the time and resource intensive nature of lobbying, typically those with more power end up having their voices heard more. Advocates lobbying the U.S. federal government for public interest purposes are outnumbered by business interests sixteen to one. Wealthy individuals and industries take advantage of an electoral process that favours campaign contributions and the ability to consistently flood congressional offices with information. Because political systems are rigged for the benefit of a few select classes of people, it may feel like your voice is not strong enough to measure up. But the power imbalances at play should incentivize you to get involved, not deter you. Without individuals proposing legislative ideas and lobbying lawmakers to enact them, business interests will only grow while minority perspectives and values will be ignored. The legislative system is not meant to be gatekept, and by getting involved in one or more steps in the lobbying process, you will help rectify the representational disparities that perpetuate the suffering of human and non-human animals.
5.2. Ballot Initiatives
Ballot initiatives are distinct as a form of legislative advocacy because they are not available everywhere. Only about half of U.S. states allow their citizens to propose statewide ballot measures, while thousands of cities and counties allow them. Outside of the U.S. only Columbia, Croatia, Ecuador, Hungary, Italy, Lichtenstein, Philippines, Slovakia, Slovenia, Switzerland, and Taiwan have binding referendums on demand. When the ballot initiative process is available, it provides a game-changing opportunity to make up for lack of issue interest or prioritisation from the legislature. Ballot initiatives also allow citizens to exercise more control over a proposed measure’s content, framing the language as desired without influence from political tensions or compromise. Because of this inherent freedom in the initiative process, advocates can propose bolder, one-of-a-kind measures that change the lives of millions of animals (like California’s Proposition 12).
These advantages of ballot initiatives come with their drawbacks as well. Only one lawmaker is needed to introduce a bill, whereas volunteers need to collect thousands of signatures for a measure to qualify for the ballot—which can be just as expensive or time consuming as lobbying for city or state legislation. Only a limited number of decision-makers need to be persuaded to pass a city or state legislation, compared to thousands if not millions of voters. Additionally, because proposed ballot initiatives are less common than bills, ballot initiatives bring greater risks of political setbacks. These disadvantages do not mean that ballot initiatives are not worthwhile alternatives to other forms of legislative advocacy. Rather, it means creating a ballot measure proposal requires a lot of work. Before putting in resources to gather signatures, it thus recommended to conduct a poll of prospective voters early in the process and ensure there is enough support for your cause. Organisations should also go over their available finances, volunteers, and other resources that will make or break the success of a ballot measure campaign. There is also the possibility of supporting an existing ballot initiative campaign, which can be as impactful as starting one.
Author: Miranda Eisen, Student at the Animal Law Clinic, Lewis & Clark Law School (under the supervision of Professor Kathy Hessler)
Resources
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