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 legalLobbying is not legal Even if lobbying is legal it will make an Even if lobbying is legal it will make an

organization subject to audit by the IRSorganization subject to audit by the IRS There are no clear definitions of what is There are no clear definitions of what is

lobbying, and what is not lobbyinglobbying, and what is not lobbying

Is lobbying legal?

YES! Lobbying by charitable nonprofits -- YES! Lobbying by charitable nonprofits -- tax-exempt under section 501(c )(3) of the tax-exempt under section 501(c )(3) of the Internal Revenue Code -- is absolutely Internal Revenue Code -- is absolutely legal. 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 Go to the Charity Lobbying in the Public Interest www.clpi.orgwww.clpi.org or the Alliance for Justice at or the Alliance for Justice at www.www.afj.orgafj.org website for greater detail website for greater detail

What are nonprofit lobbying No No’s Nonprofit organizations can not write a Nonprofit organizations can not write a

check to a candidate for political officecheck to a candidate for political office Nonprofit organizations can not endorse a Nonprofit organizations can not endorse a

candidate for political officecandidate for political office Executive staff, board members, volunteers Executive staff, board members, volunteers

any individualwithin these organizations any individualwithin these organizations can write a personal check or personally can write a personal check or personally endorse.endorse.

What is Direct Lobbying?What is Direct Lobbying?

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 Grassroots Lobbying?

When an organization urges the When an organization urges the publicpublic to to take action on specific legislationtake action on specific legislation

Key elements of grassroots lobbying are: Key elements of grassroots lobbying are: Refer to specific legislation;Refer to specific legislation; Reflect a point of view on its merits; Reflect a point of view on its merits; Encourage the general public to contact Encourage the general public to contact

legislators; and legislators; and Supply the public with legislative contact Supply the public with legislative contact

information.information.

Ballot Initiatives and Referenda

When a nonprofit urges the public to vote for or against When a nonprofit urges the public to vote for or against a ballot initiative or referendum.a ballot initiative or referendum.

Lobbying communications for or against ballot Lobbying communications for or against ballot initiatives may be conducted through the media or other initiatives may be conducted through the media or other means.means.

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

Not Lobbying

Response to written requests from a Response to written requests from a legislative body for technical advice on legislative body for technical advice on pending legislation, even if the organization pending legislation, even if the organization takes a position on the legislation.takes a position on the legislation. E.g., a request to provide testimony at a E.g., a request to provide testimony at a

hearing.hearing. Cannot be a request from an individual Cannot be a request from an individual

legislator.legislator.

Not Lobbying

Discussion of broad social, economic and Discussion of broad social, economic and similar policy issues whose resolution similar policy issues whose resolution would require legislation.would require legislation. Even if specific legislation on the matter Even if specific legislation on the matter

is pending.is pending. So long as the discussion does not So long as the discussion does not

address the merits of specific legislation.address the merits of specific legislation.

Ballot Measures can be supported by Nonprofits-May 19th