Giving Voice to Mission: Nonprofit Advocacy and Lobbying – Yes You Can!

1. Giving Voice to Mission:Nonprofit Advocacy and Lobbying – Yes You Can! Gita Gulati-Partee OpenSource Leadership Strategies, Inc. and Center for Lobbying in the Public Interest

2. Key Terms • Public Policy • Advocacy • Lobbying • Legislation

3. What is public policy? Public policy is the set of decisions that we make as a society about how we will care for one another, our communities, and the land. Marcia Avner Minnesota Council of Nonprofits

4. What is advocacy? • Identifying, • Embracing, and • Promoting a cause.

5. Advocacy Tools • Lobbying • Letters to the Editor • Boycotts • Other forms…

6. What is lobbying? You are lobbying when you ask an elected or appointed official to vote in a particular way on a specific piece of legislation or rule.

7. And finally – what is legislation? • Action by Congress, state legislatures, local governing bodies, or by the public in a referendum. • Does not include action by the executive branch or independent administrative agency.

8. Why should nonprofits advocate? • Decisions that affect your community are being made – with or without you. • Your experience and expertise can help make better decisions. • Use your power – as a vehicle for democratic participation – to advocate for issues that matter to your community.

9. 501(c)(3) Nonprofits CAN Lobby! Know the Rules and Limits

10. 1976 Law • Generous Spending Limits • Easy To Calculate • Clear Definitions

11. Direct Lobbying Stating your organization’s position on specific legislation to legislators or other government employees who participate in the formulation of legislation and/or urging your members to do so.

12. Grassroots Lobbying Stating your position on specific legislation to the general public and asking them to contact legislators or other government employees who participate in the formulation of legislation.

13. Grassroots or Direct Lobbying? Lobbying for or against ballot initiatives and referenda is considered direct lobbying, not grassroots, because the public becomes the legislature.

14. Public Policy Activities – That Are NOT Lobbying • Self defense • Communicating with members on legislation – even taking a position – but not asking them to lobby • Lobbying by volunteers • Response to written request • Regulatory activity • Discussion of broad social or economic issues • Non-partisan research

15. Is it lobbying? • A local education nonprofit invites public leaders to a luncheon. The Board Chair makes a presentation on public school reform that includes a recommendation on school vouchers. • Congress is currently considering legislation on school vouchers.

16. No, it’s not lobbying… … as long as the Board Chair makes general policy recommendations, but does not urge support or opposition to the specific legislation.

17. Is it lobbying? • The same nonprofit runs an ad in the local newspaper calling for parents in the community to speak up and support the school voucher legislation. • The ad instructs citizens to call their legislators and gives key legislators’ phone numbers.

18. Yes, it’s lobbying… The ad refers to specific legislation and contains a call to action.

19. 501(h) Election • Nonprofits must ELECT to come under the 1976 Law • Form 5768 • Subject to “expenditure test”

20. Substantiality Test • “…no substantial part… consists of carrying on propaganda or otherwise attempting to influence legislation…” • What is “substantial”? • Ambiguous and subjective

21. Take the 501(h) Election • Generous spending limits • Easy to calculate • Clear definitions • Track expenditures only • No single year penalty • No individual managers penalty • Does not increase risk of audit

22. Expenditures To Track(for 501h Electing Nonprofits) • Staff and overhead to prepare materials + Actual materials • Compensation to lobbyist • Expenses reimbursed • Allocation of broader communications • Report on 990

23. 501(c)(3) Nonprofits CANNOT • Endorse political candidates or parties • Mobilize supporters to elect or defeat candidates • Align with parties • Contribute to candidates or parties

24. FOCUS ON POLICY Not Politics

25. Foundation Support • Private foundations cannot lobby • Cannot earmark grants for lobbying • General support grants okay • Project grants < non-lobbying portion • Community foundations = Public charities so can lobby and earmark support

26. Government Funding • Cannot use government funds (grants or contracts) to lobby • Nonprofits that receive government funds can lobby – using other funds

27. To Lobby NCGA • Register with NC Secretary of State • Principal and Compensated Lobbyist(s) • Anytime, Before Lobbying • For Two-Year Legislative Cycle • File Expense Reports • New Rules Coming Soon

28. Other Special Rules • Lobbying the Federal Government • Lobbying during Election Season

29. The Bottom Line • 501(c)(3) nonprofits can lobby! • Take the 501(h) election! • Stay focused on issues!

30. www… CLPI.org AFJ.org ADVOCACY.org OMBWATCH.org NCNONPROFITS.org IRS.gov SOSNC.com NCLEG.net NCGOV.net FIRSTGOV.gov Resources www.opensourceleadership.com