Advocacy Toolkit

“The Arts are fundamental to the cultural, civic, economic, and educational well-being of a thriving democracy.”

– National Assembly of State Arts Agencies

Creative New Mexico Advocacy Toolkit

Nonprofits and Lobbying

There are two kinds of lobbying: direct and indirect. Nonprofits are legally able to use a small portion of their budget for both direct and indirect lobbying. Government funds cannot be used for this purpose. To be safe, most nonprofits that lobby use private donations for their lobbying efforts.

Direct Lobbying is communication between a paid lobbyist and a legislator or his/her staff about specific legislation that expresses a view or makes a specific ask of the legislator. If a visit or communication with a legislator is to share information about a particular issue, but does not address specific legislation or make a request of that legislator for their support, then that is not lobbying.

Indirect Lobbying is communication with the general public about a specific issue that asks them to contact their elected officials about specific legislation.

Relationship Building: A Key to Successful Advocacy

According to Karen Ackerman Witter, who wrote Real World Advocacy = Disaster Planning, advocacy with elected officials is much like donor cultivation. It is a long, sustained, and strategic process of getting to know people, understanding their interests and opinion on an issue, and cultivating long-term relationships. Witter says, advocacy for arts and culture organizations should be treated like disaster planning and be a year-round undertaking.

Year-round Advocacy for Arts and Culture Organizations:

1. 1. 1. Develop an up-to-date listing of officials and decision makers (names, titles, addresses, telephone, email) who can be contacted at a moment’s notice. This should include the mayor, city council, county commissioners, state legislators, governor, Congress, and “champions” that are strong advocates for your organization and have influence at the local, state, and national levels.  
      2. Communicate regularly with local, state, and national officials about critical issues facing your organization. Cultivate relationships before you need to ask a legislator for something. 
      3. Share why arts are essential and why they build and strengthen communities and economies.  
      4. Visit with your local, state, or national officials or their staffs on at least an annual or semiannual basis. Invite them to visit your organization to highlight its strengths and value to the community. Acknowledge your officials and their support of your organization publically or at special events that honor them.
      5. Develop an Economic Impact Statement and an Educational Impact Statement for your organization. Distribute these to local, state, and national officials; donors; membership; and the public. Create a culture of advocacy within your organization and ensure that your staff and board members are well-versed in the content of these impact statements. 
      6. Compile compelling stories about how your organization has effected change in your community and has contributed to its well-being. 
      7. Connect with local media and develop relationships that can help you get your message out. 
      8. Join with other arts/culture organizations in your community to formulate a joint advocacy plan or to schedule conversations with legislators or community officials. 
      9. Make sure that your local, state, and national officials are aware of funding that you have received and how these funds made an impact on your organization and the community (i.e. grants from New Mexico Arts, NEA, NEH, IMLS, private foundations, local allocations for special projects, etc.). 
      10. Write an op-ed in your local newspaper. Sample topics can include:

– The strength of the arts community to connect and unify; 
– The ways the arts are of public value through strengthening our communities; 
– The strength of the arts to innovate and use creativity to find solutions to problems; 
– What arts provide during a crisis.

What Can Contribute to Effective Advocacy?

1. 1. 1. Develop a persuasive, concise, and specific message.
      2. Include a compelling story that supports your message. Be honest. Be memorable. Be insightful.
      3. Address only one issue at a time. 
      4. Email or telephone is the best mechanism to contact Congress or your state legislative representative.  
      5. Always be respectful and polite. Thank legislators for their time and interest, even if they do not support your cause. Thank their staff as well.
      6. Be persistent and confident, but not arrogant.

Making an Impact

One of the most effective ways of promoting an issue is to have many messengers and advocates. Building a large and effective coalition strengthens your message and broadens your reach. This is the work of Creative New Mexico. To join our advocacy network, join our Listserv by clicking here.  The network is dedicated to posts that are designed to build, grow, and sustain the organizations and institutions that contribute to New Mexico’s creative economy.

Brief Introduction to the New Mexico Legislature

The New Mexico Legislature is, like Congress, made up of two chambers: the House of Representatives and the Senate. The House contains 70 members who serve a two year term and the Senate contains 42 members who serve a four year term. The Legislature meets in regular session on the third Tuesday in January. In odd-numbered years, the Legislature meets for 60 calendar days. In even-numbered years the Legislature meets for 30 days. Special Sessions of 30 days can be called by the Governor when three-fifths of each house petitions the Governor for a Special Session.

Committees:

The Appropriations & Finance Committee of the House of Representatives and the Finance Committee of the Senate are two of the most important committees affecting the health and welfare of our culture industry. To locate members of these and other committees, visit the website www.nmlegis.gov.

The Legislative Finance Committee (LFC) is the interim committee that recommends the appropriations to be included in the state budget. During session, the House Appropriations and Finance Committee and the Senate Finance Committee develop the general appropriation bills. These two committees hear all bills that appropriate money.

The Legislative Council Service (LCS) ensures that bills are in the proper format and conform to state constitutional requirements.

Introduction & Committee Referral of Bills

Legislators may singly or by committee introduce bills, in either the Senate or the House of Representatives. After a bill has been drafted and prepared for introduction the Chief Clerk assigns it a number.

Committee Consideration & Action

Most of the consideration of legislation in New Mexico occurs in committees. It is in committees that the public has the opportunity to testify in favor of or opposition to a particular bill. After considering the testimony, the committee can take one of several actions:

1. 1. 1. The Committee may recommend to the legislative body that it Do Pass, Do Pass as Amended or Do Not Pass, or it may refer the bill back to the floor or to another committee Without Recommendation;

1. 1. 2. The Committee may substitute a new and similar bill for the original bill, incorporating changes the committee may wish to make;

1. 1. 3. The Committee may recommend referral of the bill to another committee;
      4. The Committee may simply do nothing and let the bill die by not reporting it out of committee.

The committee reports are subject to adoption by the full House or Senate. When the favorable committee report is adopted, the bill is placed on the calendar, which is the schedule of business the House or Senate must consider on any day.

Final Passage

When a bill is called for its third reading, members may debate its pros and cons on the chamber floor. Amendments may be added at this stage, or the entire bill may be substituted by another similar bill. The sponsor of the bill is allowed to close a debate by speaking last on the bill. A final vote is taken and recorded.

Sent to the Other House

If a bill receives a favorable vote, it is then sent with a letter of transmittal to the other house where it will follow a similar procedure.

Concurrence

A bill that is amended in the second house must be sent back to the first house for agreement. This is called concurrence. If concurrence is denied, the second house votes on whether to recede or withdraw from its amendment. If it fails to recede, the bill is usually sent to a conference committee to attempt to work out a version agreeable to both houses. Both houses, in order for the bill to pass, must agree to the report of the conference committee.

Enrolling and Engrossing

When both houses in the Legislature have agreed on a final version of the bill, it is enrolled and engrossed, which means that it is copied with all of its amendments or changes. The presiding officers of both houses sign the bill, and it is sent to the Governor for signature.

Governor’s Action

The Governor may:

1. 1. 1. Sign the bill, in which case it becomes one of the laws of New Mexico, or:
      2. The Governor may veto the bill. If the Legislature is still in session, it may attempt to override the Governor’s veto.
      3. If the Governor fails to sign the bill within three days while the Legislature is still in session, it becomes law without his or her signature.
      4. If the Legislature has adjourned, the Governor has 20 days from adjournment to decide about bills the Legislature has sent. If the Governor fails to act upon a bill after the Legislature has adjourned, it is called a pocket veto.
      5. The Governor of New Mexico may also “line item” veto bills.

Public Hearings

Throughout the legislative session, public hearings are held on bills. Citizens may provide testimony at these hearings and will often have a significant impact on their outcome. It is critical that anyone wishing to testify at a public hearing be prepared. Speakers generally have 3-5 minutes to make their case.

In Preparing to Give Testimony:

1. 1. 1. Verify the date, time, and place of the hearing with the sponsor of the bill. 
      2. Fully understand the bill or issue; know the bill’s status and its potential impact on your community. Be familiar with any opposing views and be prepared to speak to those issues as well.
      3. Write your statement out in clear, concise language. Bring typed copies for committee members and others who may be interested. Statements are usually 3-5 minutes in length. Double space your statement and try to keep it to one page.
      4. Rehearse your testimony. Try to anticipate any questions you may be asked by committee members.

1. 1. 5. As a group, plan who will be at the hearing and in what order people will testify. Assign different aspects of an issue to various speakers. 
      6. If you cannot attend a hearing, mail a copy of your statement to the hearing committee and ask that it be included as part of the record. Also request a copy of the testimony presented at the meeting.
      7. Dress professionally. 
      8. Arrive at least 30 minutes early and register so the committee will know that you plan to testify. Fill out a registration slip even if you do not plan to speak. It will serve as a measure of how many people are in favor or against an issue. Give your registration slip and copies of your testimony to the committee clerk or page.
      9. When you begin to speak, first greet the Chair and the committee members. (“Good afternoon Mr. Chairman and members of the committee…) Introduce yourself and, if appropriate, your organization or group.
      10. Speak slowly and clearly. Remain courteous. 
      11. Mention why action is necessary in support of your issue. Mention others who support your position.
      12. Powerful testimony is a combination of personal stories and accurate, current statistics. Speak from your heart.
      13. Following your testimony, ask if there are any questions. Answer only those you know you can answer correctly or defer to others. If you do not have an answer, simply state that you do not know. Never fake an answer. Write the question down and tell the committee that you will get back to them with a response. Send the response in writing to the Chair of the Committee.
      14. Thank the Chair and the committee for the opportunity to express your concerns.

Following the Hearing

1. 1. 1. Keep a copy of all statements made along with any questions that you or other members were asked and the responses.
      2. If you promised to provide additional materials, be sure to do so as soon as possible.
      3. Continue to follow the bill’s progress. Contact legislators personally, or write a follow-up letter or email. When contacting your legislator by email, always cite the bill’s number and title on the subject line.
      4. Have the group meet soon after the hearing to plan any follow-up activities, and to reassess strategies.

Online Access to the NM Legislature/US Congress

www.nmlegis.gov provides online access to the State of New Mexico’s governance including the Governor, House of Representatives, and Senate. Pages include Bill Finder, Committees, Find Your Legislator and Legislator Listings, Session Calendar, and Districts, among other topics.

www.senate.gov and www.house.gov provide access to the US Senate and House of Representatives.

Additional Resources 

Americans for the Arts

Visit www.americansforthearts.org for more information on:

Local Arts Rapid Response Toolkit which includes a wealth of information on Talking Points and Making the Case (including topics such as the National Arts Index, Economic Recovery and the Arts, Economic Impact of the Arts, Civic Engagement and the Arts, Arts Education and the American Workforce, and Advocacy for Public Support of the Arts).

pARTnership Movement — an initiative of Americans for the Arts designed to reach business leaders with the message that partnering with the arts can build their competitive advantage. Tool Kits for forming relationships with the private sector are available.

Arts and Economic Prosperity Report

Creative Industries: Business & Employment in the Arts

Policy Proposal: “To Rebuild and Reimagine the United States Post-Pandemic, We Must Put Creative Workers to Work” — www.americansforthearts.org/CreativeWork

American Alliance for Museums

Visit www.aam-us.org/advocacy for more information on:

• • • 75 Advocacy Ideas in 75 Minutes
    • “Real World Advocacy = Disaster Planning”
    • Sample Economic and Education Impact Statements
    • Glossary of Legislative Terms 

New Mexico Arts
“Advocacy 101,” New Mexico Arts, www.nmarts.org

New Mexico Art Education Association
www.newmexicoarteducators.org

New Mexico Endowment for the Humanities
www.nmhum.org

New Mexico Library Association
www.nmla.org

Western States Arts Federation (WESTAF)
www.westaf.org

Resources Used to Create the Creative New Mexico Advocacy Toolkit:

• • • “Advocacy 101,” New Mexico Arts, www.nmarts.org
    • www.advocacyandcommunication.org
    • www.americansforthearts.org
    • “Citizen’s Guide to Legislative Advocacy in New Mexico,” www.nmvoices.org/archives/5945
    • Karen Ackerman Witter, “Real World Advocacy = Disaster Planning,”
    • American Alliance of Museums, www.aam-us.org
    • “Year-round Advocacy for Museums,” American Alliance of Museums