How Are Legislators Meeting during Coronavirus?
Cities and states in the U.S. began shutting down nearly two months ago due to the coronavirus outbreak. In order to protect residents, business as usual changed overnight. While lawmakers in many states worked tirelessly to provide funding or pass legislation to help with the ongoing fallout from the pandemic, they were also aware that simply meeting up to do their work could contribute to the spread of the disease, and endanger their vulnerable, older colleagues.
During this time, public health guidelines advise against large gatherings, undercutting the basic ways in which legislative bodies convene and function. Even as some states and regions are beginning to “reopen” society, a full return to “normalcy” is unlikely for many months. Facing constitutional obstacles, technological issues, and uncertain timelines, how have legislatures across the country responded and adapted to “the new normal”?
How are state legislatures conducting business?
There is no set schedule for state legislative sessions across the country — all states operate on their own schedules. Some meet for three months every other year, some meet all year long with intermittent breaks, and everything in-between. It’s understandable, then, that states needed to make varying decisions about how to conduct business in response to the coronavirus outbreak.
Some states were not in session when the outbreak spread. Of those, Alabama, Mississippi, Missouri, and New Hampshire voted to delay their upcoming session later in the year to account for the probable fallout. Alaska, Michigan, Minnesota, and Oklahoma all held a special session to approve relief funding, to pass and/or extend emergency declarations, and to set remote meeting rules.
The states who were in session took a few different paths: Connecticut and Louisiana suspended their sessions and sent their legislators home early. Arkansas and Colorado suspended their sessions and will have a special session to make up for the lost time later in the year. Iowa and New York haven’t set a date for a special session, but they are developing teleconferencing procedures for when they resume their suspended session. Kentucky and New Jersey didn’t suspend their session at all, but instead held the remainder of the session remotely and voted remotely (Kentucky voted by text!).
Some states called special in-person meetings after the outbreak and resorted to extreme measures to make sure it was done safely. Vermont’s constitution requires in-person voting, so 16 brave senators (just enough for a quorum) went into the statehouse to unanimously approve a virtual voting measure and save their colleagues from unnecessary exposure and risk. The Arkansas assembly held a special session in a basketball arena to reduce risk while voting on emergency funding measures. Virginia legislators were slated to have their one-day veto session a month after the session ended as they always do. The pandemic meant that they would return to the Capitol, but business was not “as usual”. They met outdoors on the Capitol lawn for the first time in the commonwealth’s history and voted while wearing masks, six feet apart.
If you want updated information on how states are legislating during the pandemic, check out some great guides: NCSL is closely tracking when and how state legislatures are in session during coronavirus and Ballotpedia published a great timeline of changes to state legislature sessions due to the pandemic.
How are city councils holding meetings?
City council meetings are typically more frequent and consistent than state legislatures. Most meet at least twice a month throughout the year to both vote on legislation to run the city and, importantly, to hear the public’s concerns. As the coronavirus outbreak spread, it was crucial that city councils balance (1) keeping the public safe, (2) finding a way to meet remotely in order to pass crucial legislation, and (3) continue allowing the public to express their concerns despite not being able to share them in person. Cities across the United States have done this with varying speed and success.
LA and Baltimore canceled all March meetings over concerns of the virus’ spread and took time to figure out how to meet remotely. While many activists were upset by the lack of meetings, councilors insisted that the month of not meeting was crucial to figuring out how to meet again safely. NYC canceled meetings for 5 weeks until they were able to get a good system into place. Although it took them a while to do so, once these cities were set up remotely, they were able to pass legislation that addressed activists’ concerns and protect their cities: legislation regarding rent freezes, relief funding, sick leave, restricting evictions, and other pressing concerns related to the pandemic.
After City Hall closed in mid-march, Philadelphia City Council held its first remote meeting at the beginning of April to pass essential relief legislation and continue work on the FY 2020–2021 budget. They made sure the public was not only able to tune in via a livestream, but were also able to make public comments via phone or online form while keeping to social distancing measures. They’ll continue this approach until it is safe to meet in person again.
Like Pennsylvania, many states and localities are under some sort of Open Meetings Act (in PA it’s the Sunshine Act), which requires legislators to meet to some degree in a way that the public can hear, see, and comment on. No matter how city councils are meeting while social distancing measures are in place and their normal meeting halls are shuttered, they must ensure that the public is still able to “attend” and has the opportunity to comment at the meetings. In Riverside, CA, the council tested out a drive-by public comment system to increase accessibility. This ended up being labor-intensive and only used by six people and they are moving forward with more traditional methods. Many, like Durham, NC (shown above), are providing multiple methods for consuming the meetings and commenting while at home. These include streaming via TV, internet, and radio and allowing for commenting via online forms/email or calling in.
Any number of these methods is less than perfect and brings up issues of accessibility. Not all residents have the ability to drive up and comment, have internet access to go online and comment, or have the minutes to call in to a meeting. We’re redefining what “public” means by denoting who has access to government during this crisis. Additionally, some smaller/rural city councils simply don’t have the technology to take their meetings online. They are struggling to find a solution that allows them to continue meeting in ways that balance public safety and their ability to pass legislation.
Staying in contact with your legislators during a pandemic
When you’re social distancing you can’t exactly waltz into your legislator’s office and carry out your lobbying activities like normal. In fact, many of them are not even in their offices to answer your calls. So how exactly are we to best stay in touch with our legislators during the coronavirus pandemic?
We polled state legislators at last year’s NCSL legislative summit about their preferred method of contact. While a few noted how much they enjoy in-person visits — a method that may not be possible or frequently used in the coming months — many responded with more social distancing-friendly methods. Email was the most popular method. Legislators in more rural areas — who may not get to see their constituents as often due to the size of their district — tended to prefer being contacted through Facebook or via text. These methods can be more quick and to the point than a phone call or email, potentially welcome traits in the middle of a pandemic. Texting also does not require internet access, an issue that many city councils are now thinking about as they attempt to include constituent voices in now-virtual public meetings.
While this year’s NCSL legislative summit has been canceled and we won’t be able to conduct our poll again, we will be tracking changes to elections in the coming months. To keep up to date, follow our elections feed on Twitter or sign up for our newsletter.
