Lobbying & Advocacy 101: Legal Tips for Nonprofit Advocates

1. Lobbying & Advocacy 101: Legal Tips for Nonprofit Advocates Natalie Ossenfort, Director, Texas Office

2. 1. Comparison of Nonprofit Types and 1. 1. Basic Advocacy Rules 2. What is Advocacy? 3. Knowing your Limits 4. Lobbying Definitions 5. Other Practical Bolder Advocacy Tools AGENDA

3. 501(c)(4)s - 501(c)(5)s - 501(c)(6)s 501(c)(3) Public Charities Examples Tax Treatment tax-exempt tax-exempt contributions tax-deductible limited -insubstantial part or 501(h) LobbyingActivities unlimited secondary activity follow federal and state election law cannot support or oppose a candidate for office ElectoralActivities

4. AVENUES OF ADVOCACY Public Education Nonpartisan Voter Ed. Organizing InfluencingCorporations PARTISAN POLITICAL Lobbying Exceptions Educating Legislators Regulatory Efforts Educational Conferences LOBBYING Get to Know Legislators Litigation Research Training

5. WHY ADVOCACY?

6. What can I do?What should I do?

7. INSUBSTANTIAL PART TEST Default test What is “insubstantial”? Lobbying not defined Activities-based Penalty or 501(H) EXPENDITURE TEST Dollar-based limits One-time election – IRS Form 5768 Expenditures only Definition of lobbying Penalty less severe

8. 1.Calculate organization’s annual expenditures. 2.Overall lobbying limit: 3. Grassroots lobbying limit is 25% of overall limit.

9. TOTAL LOBBYING LIMITSfor 501(c)(3)s making the 501(h) election with annual expenditures of $250,000 Direct Grassroots Education & Non-Lobbying Advocacy Overall Lobbying Limit Grassroots Lobbying Limit $50,000 $12,500

10. Contacting legislators to propose, support, or oppose legislation or the government’s budget process. Urging the public to contact legislators to propose, support, or oppose legislation or the government’s budget process. Advocating the adoption or rejection of legislation. WHAT ISLOBBYINGUNDER THE INSUBSTANTIAL PART TEST?

11. DIRECT communication legislator expresses a view about specific legislation GRASSROOTS communication general public expresses a view about specific legislation call to action WHAT ISLOBBYINGUNDER THE 501(H) ELECTION?

12. DIRECT communication legislator expresses a view about specific legislation GRASSROOTS communication general public expresses a view about specific legislation call to action

13. DIRECT communication legislator expresses a view about specific legislation GRASSROOTS communication general public expresses a view about specific legislation call to action Federal Members of Congress State State Legislature Local City Council, County Board of Supervisors

14. DIRECT communication legislator expresses a view about specific legislation GRASSROOTS communication general public expresses a view about specific legislation call to action Who is a legislator? President, governor, mayor, or other executive official who participates in the formulation of legislation.

15. DIRECT communication legislator expresses a view about specific legislation GRASSROOTS communication general public expresses a view about specific legislation call to action SPECIAL “LEGISLATOR” RULE Members of the general public are “legislators.” Ballot Measures • ballot initiatives • referenda • constitutionalamendments • bond measures

16. school boards zoning boards housing authorities sewer and water districts other “special purpose bodies” NOT LEGISLATORS

17. DIRECT communication legislator expresses a view about specific legislation GRASSROOTS communication general public expresses a view about specific legislation call to action

18. DIRECT communication legislator expresses a view about specific legislation GRASSROOTS communication general public expresses a view about specific legislation call to action

19. The August recess isn’t meant for playtime! Ask Congress to include crucial civil rights priorities in the Elementary and Secondary Education Act. SPECIFIC LEGISLATION ISSUE: ESEA Reauthorization

20. Ensure equal opportunity in education for all children. Support civil rights protections for underserved students. NOT SPECIFIC LEGISLATION ISSUE: Civil Rights Protections in Schools

21. NOT SPECIFIC LEGISLATION Regulations Executive Orders Enforcement of Existing Law Litigation

22. DIRECT communication legislator expresses a view about specific legislation GRASSROOTS communication general public expresses a view about specific legislation call to action CALL TO ACTION

23. TELLING TO CONTACTlegislator(s) PROVIDING ADDRESS,telephone number, and/or other contact information of legislator(s) PROVIDING MECHANISMto enable communication with legislator(s) IDENTIFYINGlegislator(s) DIRECT communication legislator expresses a view about specific legislation GRASSROOTS communication general public expresses a view about specific legislation call to action

24. DIRECT communication legislator expresses a view about specific legislation GRASSROOTS communication general public expresses a view about specific legislation call to action NOT calls to action: “Learn more!” “Take action!” “Support our efforts!” “Get involved!” NOT LOBBYING

29. LOBBYING EXCEPTIONS nonpartisan analysis, study, or research request for technical assistance self-defense examinations and discussions of broad social, economic, and similar problems

30. LOBBYING LIMITS V. DISCLOSURE limit lobbying at all levels of government disclose state / locallobbying disclose federal lobbying

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