Lobbying, Advocacy and the Law for Nonprofits under section 501(c)(3) Charity Lobbying in the Public Interest (CLPI)

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Lobbying, Advocacy and the Law for Nonprofits
under section 501(c)(3)Charity Lobbying in the
Public Interest (CLPI)
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Lobbying can be an effective means through which
a nonprofit can achieve its mission.
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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

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Is lobbying legal?

• YES! Lobbying by charitable nonprofits --
  tax-exempt under section 501(c )(3) of the
  Internal Revenue Code -- is absolutely legal.

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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

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What are nonprofit lobbying No Nos

• 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.

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• 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.
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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.

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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.

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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.

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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.

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Ballot Measures can be supported by
Nonprofits-May 19th