Legal Definitions - joker

Joker

In legislative terms, a "joker" refers to a specific clause or provision subtly inserted into a proposed law that, if passed, would either undermine the bill's stated purpose, render it ineffective, or introduce unrelated measures. These provisions are often carefully worded or hidden within complex legislation to avoid immediate scrutiny or opposition during the legislative process, effectively changing the intended impact of the law without drawing attention.

• Example 1: Undermining a Funding Bill

  Imagine a bill proposed to significantly increase funding for public libraries across a state, aiming to expand access to books and digital resources. However, a "joker" clause is quietly added specifying that any new funds can only be used for libraries that are open 24 hours a day, seven days a week. Given that very few, if any, libraries can realistically meet this operational requirement, the clause effectively prevents the vast majority of libraries from accessing the new funds, thereby crippling the bill's stated purpose of expanding resources.

  This illustrates a "joker" because the seemingly positive funding bill is rendered largely ineffective for its stated purpose of improving general public access to library resources, due to a hidden restriction that undermines its core objective without directly opposing library funding.

• Example 2: Creating Ambiguity in Regulation

  Consider a new law designed to mandate stricter safety standards for children's toys. A "joker" might be a clause that states manufacturers must implement "industry-standard" safety protocols, but then defines "industry-standard" in such a vague and subjective way that it allows companies to continue using existing, less stringent practices. This ambiguity makes the law's enforcement uncertain and its protective impact minimal, despite its positive-sounding intent.

  Here, the "joker" introduces ambiguity that weakens the law's ability to achieve its goal of enhanced child safety, allowing for loopholes that were not immediately apparent during the bill's passage.

• Example 3: Attaching an Unrelated Rider

  A popular bill aimed at providing financial aid for college students is moving through the legislature. A "joker" could be an amendment secretly attached to this bill that grants a specific, unrelated agricultural industry a significant, permanent exemption from certain labor laws. This unrelated provision rides on the popularity of the student aid bill to get passed without independent debate or scrutiny, diverting from the bill's original intent.

  This example demonstrates a "joker" as an extraneous rider—a provision completely unrelated to the bill's primary subject—that is included to pass a controversial measure under the radar of public and legislative attention.