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Lobbying, Advocacy and the Law for Nonprofits under section 501(c)(3) Charity Lobbying in the Public Interest (CLPI). Lobbying can be an effective means through which a nonprofit can achieve its mission. There are several common myths about the laws on lobbying by charitable nonprofits….
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Lobbying, Advocacy and the Law for Nonprofits under section 501(c)(3)Charity Lobbying in the Public Interest (CLPI)
Lobbying can be an effective means through which a nonprofit can achieve its mission.
There are several common myths about the laws on lobbying by charitable nonprofits… • Lobbying is not legal • Even if lobbying is legal it will make an organization subject to audit by the IRS • There are no clear definitions of what is lobbying, and what is not lobbying
Is lobbying legal? • YES! Lobbying by charitable nonprofits -- tax-exempt under section 501(c )(3) of the Internal Revenue Code -- is absolutely legal.
What do I need to know to follow the IRS rules for lobbying by 501(c)(3)s? • Go to the Charity Lobbying in the Public Interest www.clpi.org or the Alliance for Justice at www.afj.org website for greater detail
What are nonprofit lobbying No No’s • Nonprofit organizations can not write a check to a candidate for political office • Nonprofit organizations can not endorse a candidate for political office • Executive staff, board members, volunteers any individualwithin these organizations can write a personal check or personally endorse.
Direct Lobbying is when an organization attempts to influence specific legislation by stating its position or urges a legislator to support, oppose or otherwise take action on a bill or proposed legislation. What is Direct Lobbying?
What is Grassroots Lobbying? • When an organization urges the public to take action on specific legislation • Key elements of grassroots lobbying are: • Refer to specific legislation; • Reflect a point of view on its merits; • Encourage the general public to contact legislators; and • Supply the public with legislative contact information.
Ballot Initiatives and Referenda • When a nonprofit urges the public to vote for or against a ballot initiative or referendum. • Lobbying communications for or against ballot initiatives may be conducted through the media or other means. • Lobbying for or against ballot initiatives and referenda is considered direct lobbying, not grassroots, because the public becomes the legislature.
Not Lobbying • Response to written requests from a legislative body for technical advice on pending legislation, even if the organization takes a position on the legislation. • E.g., a request to provide testimony at a hearing. • Cannot be a request from an individual legislator.
Not Lobbying • Discussion of broad social, economic and similar policy issues whose resolution would require legislation. • Even if specific legislation on the matter is pending. • So long as the discussion does not address the merits of specific legislation.