SERIES: DECODING THE HIDDEN MECHANISMS

The Black Box of Democracy: The Jurisdiction Trap

Tim Rosener
Tim Rosener
CEO and Co-founder, Lobby Sherpa
|January 24, 2025

The Oregon Legislative process is designed to be open and public. But a closer look at the data from the 2025 session reveals a secondary system, a "bypass highway," that actively disadvantages citizen advocates and community groups, and those that have to compete with well-funded, well-staffed insiders who already know the handshake.

This system creates what we call the "Jurisdiction Trap." It relies on a specific lever: Jurisdiction Shopping, sending bills to the "wrong" committee to avoid scrutiny.

The Bypass Highway

Subject-matter committees (like Housing, Health Care, or Education) are staffed by experts, tracked by advocates, and composed of committee members, elected officials who have a passion for the committee's subject.

But in 2025, many bills bypassed these checkpoints entirely, in many cases to avoid a failed committee vote or as a workaround for legislative deadlines.

2025 Jurisdiction Analysis
16%
of all laws passed through committees
that lacked policy jurisdiction
Rules Committees
34
laws processed
Meant for parliamentary procedure, not policy
Ways & Means
65
laws with unrelated policy changes
Budget committee deciding substantive policy

When Experts Get Bypassed

The consequences of jurisdiction shopping are concrete. When bills skip the committees staffed with subject-matter experts, policy decisions get made by legislators who may lack the context to fully understand the implications.

SB 690
Housing Bill to Rules Committee

A housing bill bypassed the Housing Committee entirely, going instead to a committee designed for parliamentary procedure. The result? A massive change to landlord-tenant law, mandating a 90-day delay on residential eviction trials, decided by procedural experts, not housing policy specialists.

Housing CommitteeRules Committee
HB 3064
Healthcare Mandate to Ways & Means

A healthcare mandate skipped the Health Care Committee. Instead, budget writers decided the specifics of clinical coverage, mandating that insurance plans cover perimenopause treatment, a policy decision made by fiscal analysts rather than health experts.

Health Care CommitteeWays & Means

The Advocacy Gap

This system creates a fundamental disparity between well-funded, well-staffed professional insiders and everyone else. The choice of committee acts as a filter that actively disadvantages citizen advocates.

The Insider Advantage

A lobbyist with "intimate knowledge" of the back-room deal knows exactly what is coming.

They know that a controversial policy will surface in the Rules Committee, not the policy committee where it belongs.

Consequently, they are already at the table while others are looking in the wrong room.

The Outsider's Dilemma

Wrong Venue: You are monitoring the substantive policy committees. When the bill surfaces in a procedural committee like Rules or Ways & Means, it bypasses your standard alerts.

Expertise Mismatch: You prepared your testimony for a committee of experts (e.g., doctors or housing providers). Suddenly, you are testifying before budget writers or procedural experts who may not understand the nuance of the policy impact.

The result is a legislative process where the "public hearing" happens in a venue designed to minimize public friction.

The Sherpa Takeaway

The rules of the game are different depending on who you know. Procedural committees serve to lock out the public and privilege the insider.

Data Defense

You cannot rely on the standard process to protect your interests. You need tools that monitor the entire legislature, every committee, every amendment, every minute, because the threat to your cause might come from the committee you least expect.

The Sherpa Promise

To our customers, we promise to be your guide through the treacherous terrain of government. We are not the hero; you are. We carry the heavy load of data and process so you can focus on the climb.

We filter the Noise
you find the
signal
We bring the intel
you own the
strategy
We map the Terrain
you conquer the
summit

Don't get caught in the wrong room

Monitor every committee, catch every maneuver, and stay ahead of the insiders.