Navigating an Election-Year Legislative Session

Election season will be here before we know it, which means that state and federal legislative sessions will likely be shorter and more politicized. This presents both challenges and opportunities for justice advocates. Understanding how election-year dynamics affect lawmaking is critical to ensure that advocacy strategies are aligned with campaign timelines and that relationships with lawmakers are strong enough to weather political tensions and unexpected shifts in legislative priorities. 

THE BASICS OF A LEGISLATIVE SESSION

The Legislature is positioned within the legislative branch of government (the other two being the executive and judicial branches) and their basic function is to make laws and determine how government resources are allocated. The federal government and nearly all states, except Nebraska, have two legislative chambers, known as a bicameral system; bills must pass each chamber in order to be made into laws. 

A legislative session is the period of time when lawmakers are officially meeting to introduce, debate, amend, and vote on bills, the policy proposals under consideration to become law. Some states have full-time legislatures that meet over a two-year session, while others are part-time and only meet for a few months during the year. During this time, legislators will hold committee hearings, vote on bills, and negotiate and pass a state budget. A handful of states even limit their second year of session to budgetary issues only. If additional policy issues must be discussed outside of the traditional session timeline, the Governor may call a Special Session.

TOP 10 THINGS TO KNOW HEADING INTO AN ELECTION-YEAR LEGISLATIVE SESSION

During an election year, legislatures continue to operate but lawmakers who are seeking reelection also shift into campaigning mode. This means that they may become more sensitive to voter perception and how their actions might be used on the campaign trail. As a result, timing, messaging, and relationships matter even more than usual. 

The following ten points outline what advocates need to know to navigate an election-year legislative session strategically and effectively.

1. Legislators are highly attuned to public perception during election season. Because their actions are closely scrutinized by voters, opponents, and the media, they will likely avoid politically risky issues. Advocates will have greater success if their campaigns align with common voter values, such as public safety, children and families, government efficiency, or fiscal responsibility.

2. Policy initiatives slow down so timing becomes important. Election-year sessions are often shorter to accommodate campaigning and legislative calendars may be compressed. If bills are going to pass in an election year, it’s often in the earlier weeks of the session. Unless a policy proposal already has strong momentum or bipartisan support, it is unlikely to move forward right before an election.

3. Political tension and partisanship become even more pronounced. In order to sway voters, politicians often focus heavily on their values and loyalty to their party. This means that messaging tends to be directed more toward a lawmaker’s base of supporters than collaboration on bipartisan issues.

4. Election years invite tougher public safety narratives. Candidates are particularly sensitive to accusations of being “soft on crime.” This can create resistance to decarceration or reform efforts if they are not carefully framed. Advocates will have more success if they emphasize shared values like community safety, opportunity, and fiscal responsibility.

5. Community engagement remains essential. Election season typically offers many chances to connect with candidates through town hall meetings, candidate surveys, and direct outreach, helping shape their understanding of issues before votes are cast. While nonprofit organizations may have some funding restrictions that prevent them from campaigning for a specific candidate, it is generally permitted to ask candidates questions and share educational materials with them.

6. Lived experience humanizes the policy conversation. During an election year, meetings between candidates and people directly impacted by the justice system help move discussions beyond campaign talking points by showing them how policy decisions impact real people. Creating pathways for people with lived experience to advise candidates or even run for office themselves further strengthens representation and shifts who is seen as a policy leader.

7. Lobbying activities intensify during “lame duck” sessions. The period of time after the election is over but before new elected officials are sworn into office is known as “lame duck.” During this time, bills tend to move quickly, deals are made, and lawmakers are usually more willing to push through controversial proposals they avoided pre-election, especially if it’s their last term. Interest groups may increase pressure on lawmakers as they anticipate potential shifts in political power. Advocates need to be ready for a flurry of activity during “lame duck” because bills that are not passed by the end of session are considered “dead” and would need to be reintroduced in a future session.

8. Relationship-building is the key to successful advocacy. This is true during non-election years too; however, it becomes even more important for advocates to be seen as subject matter experts and trusted thought partners before decisions become politicized or rushed. When political pressure is high and time is limited, legislators are far more likely to turn to advocates they already know and rely on for credible guidance.

9. Budgets are one of the clearest ways legislators signal priorities and fiscal responsibility to voters. Candidates want to demonstrate that they are good stewards of taxpayer dollars, which can make spending decisions more politically sensitive and highly scrutinized. Lawmakers may prioritize passing the budget quickly and avoid funding initiatives that could be framed by their opponents as risky or irresponsible. If you are working on budget advocacy, it is essential to engage early with appropriations committee chairs and staff, understand committee dynamics, and clearly explain how your proposal benefits constituents in their districts.

Election-year legislative sessions require advocates to be strategic and collaborative so that when political windows open, strong relationships and shared values are already in place to drive meaningful change. Feel free to reach out if we can help you navigate the complex landscape of election-year advocacy this legislative session.