Performing Arts Alliance The Coalition of Performing Arts Advocates

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Performing Arts AllianceThe Coalition of
Performing Arts Advocates
Advocacy basics for performing arts organizations
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www.theperformingartsalliance.org

• The Performing Arts Alliance would like to thank
  the League of American Orchestras for permission
  to use Best Defense A Guide for Orchestra
  Advocates, by John D. Sparks, edited by Heather
  Noonan, as a resource in preparing this document.
  Thanks also to the National Assembly of State
  Arts Agencies for use of The NASAA Advocate
  Strategies for Building Arts Support by Thomas L.
  Birch. Our thanks also go to Haley Gordon,
  Government Affairs Director, for permission to
  use Grassroots Advocacy 101, prepared for OPERA
  America. Theatre Communications Groups Political
  Advocacy for your Theatre, was another helpful
  guide.

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ADVOCACY 101 LOBBYING DEMYSTIFIED

• Advocacy - Direct efforts to persuade
  policymakers to take legislative action general
  efforts aimed at advancing a point of view.
• Lobbying - Activities aimed at influencing
  members of a lawmaking body on legislation.

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ADVOCACY 101

• Whether policymakers are for or against an
  important issue, citizens have the ability to
  speak their mind and show where they stand
• Lawmakers want to hear from voters, and they
  expect regular people to lobby, not political
  or technical experts
• Constituents who speak on behalf of an arts
  organization possess more political leverage than
  unaffiliated citizens
• Legislation has a tremendous impact on the arts
  and needs to be addressed at all levels of
  government
• Electioneering is strictly prohibited. Arts
  organizations CANNOT endorse a candidate or
  political party.

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PERFORMING ARTS ALLIANCE

• The Performing Arts Alliance (formerly the
  American Arts Alliance) and other national and
  state arts organizations lobby directly.
• To keep PAA aware of your organizations efforts,
  please send copies of any Congressional
  correspondence and make reports of phone contacts
  or meetings
• PAA sends Action Alerts and Advocacy Reports by
  email to keep the field up to date on federal
  issues
• www.theperformingartsalliance.org

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GET INVOLVED INDIVIDUALS AND ORGANIZATIONS

• Who Should Lobby?
• Trustees, professional arts organization staff,
  volunteers, artists and patrons
• Community coalitions - A group of local
  institutional partners who share common policy
  concerns

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BUILDING A CASE

• Government Affairs Designees coordinate
  organizational lobbying
• Introduce government affairs activities on board
  agendas
• Identify your most connected persons to contact
  legislators
• Develop an Informational Packet of Materials
• Background information, mission statement,
  calendar
• Season brochure, posters, outreach and
  educational programs
• Economic impact studies, fact sheets on relevant
  issues, newsletters

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TOP ISSUES

• What is your concern about this policy?
• What is your organizations history with this
  issue?
• What outcome do you prefer? What outcome is
  acceptable?
• What is your legislators record on this issue?
• What likely reasons will he/she use to oppose,
  avoid, or support your position?
• What do you need your legislator to do?
• Find facts or statistics to show how the arts
  organization is helped/harmed by this legislative
  issue.
• If a government program is involved, what
  alternatives exist?

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RESEARCH POLICYMAKERS

• Targeted Congressional members should encompass
  the same areas as your organizations audience
  and financial support
• Also, areas covered by your advertising, season
  subscription marketing, and education/community
  outreach programs
• Learn about the selected legislators personal
  interest or investment in the arts
• Have they been donors or subscribers to your arts
  organization or other local organizations?
• Have they attended a performance recently?
• Are they known to your trustees or personally
  known to any of your advocates?

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START A NEW RELATIONSHIP

• Even having known about the organization for some
  time, policymakers may need some encouragement
  before they recognize their relationship to your
  organization.
• After every election, introduce your organization
  by
• Communicating your interest in working together
  in the future
• Submitting the aforementioned packet of
  organizational materials, as well as updating
  this packet once a year
• Placing the legislator on your press list, and
  getting on his/her press list
• Requesting a meeting at the legislators office
  to discuss your organization, its current
  situation, future plans, and issues of concern

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ONLINE RESOURCES

• Committee assignments
• Voting records
• Contact information (fax, phone, e-mail)
• District office locations/hours and names of
  district directors
• Names of Washington staff aides who handle arts
  issues
• Biographical information may be found at
  http//congress.org/

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LETTERS MEETINGS

• E-mails, faxes and personal meetings are most
  effective
• Be organized, legible, polite and to the point
• A thin line exists between being persistent and
  being pestilent
• Clearly identify the actions you are requesting
  your legislator take
• If you are referring to a specific piece of
  legislation, identify it appropriately (House
  bill H.R. or Senate bill S. )
• Personalized communication stands out
• Avoid signing or sending petitions
• Anonymous phone calls will be ignored
• Request a written response to a phone call be
  sure to state your position and identify yourself
  as a constituent

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QUALITATIVE MAIL COUNT

• Listed below in ranking order from most effective
  to least effective
• 1. A handwritten one- or two-page letter, on
  personal or business stationery, faxed
• 2. A typed one-page letter, on personal or
  business stationary, faxed
• 3. A longer letter, though more detailed, is less
  likely to be read
• 4. A one-page e-mail, written by a person rather
  than a machine
• 5. A mailed letter
• 6. A handwritten postcard
• 7. A pre-printed letter, signed by the sender(s),
  increased in value with volume
• 8. A pre-printed postcard same as a pre-printed
  letter

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WRITTEN CORRESPONDENCES

• Written letters faxes or e-mails should be
  addressed

Written letters faxes or e-mails should be
addressed
If writing to the Chair of a Committee, letters
should be addressed to Mr. Chairman or Madam
Chairwoman.
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PERFORMANCE ETIQUETTE

• Personally greet elected officials before the
  performance
• Government affairs designees should be sure to
  meet the official directly
• Offer to take him/her backstage to meet the
  artists
• Photos may be taken, and local newspapers may be
  notified
• Make legislators aware of any public funding used
  in support of the organization,
• If appropriate, acknowledge the legislators
  presence in the audience
• Seat the legislator with other prominent patrons
• For more information, please see the document,
  "Inviting Members of Congress to Performances and
  Events A Guide to Gift Rules" on the Performing
  Arts Alliance website

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PREPARING FOR THE APPOINTMENT

• Scheduling
• Legislators are typically in Washington Tuesday
  through Thursday and are frequently home in the
  district Friday through Monday and when Congress
  is in recess
• Capital Switchboards phone number is (202)
  224-3121
• Ask to speak to a scheduler and begin by
  explaining you are a constituent
• Be flexible, describe your discussion topic, and
  mention who will be attending the meeting with
  you
• Do not be discouraged if you meet with a staffer
  they are very knowledgeable and important to your
  legislator

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PREPARING FOR THE APPOINTMENT

• Making Connections
• If someone in your group knows the legislator,
  mention it
• Describe how NEA funds and charitable deductions
  have already contributed to your successes in the
  community.

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MAKING THE PRESENTATION

• Be patient, polite and on time
• Stay focused and conscious of time
• If appropriate, thank him/her for his/her
  previous support
• Do not assume your legislator has any prior
  knowledge of the subject
• Convey that if you win, so does your legislator
  and the community

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MAKING THE PRESENTATION

• Be prepared to discuss your legislators ability
  to influence a policy, but also be aware of the
  other elected officials he/she may be capable of
  lobbying.
• If you do not know the answer to a question, say
  so, and promise to follow up with the answer as
  quickly as possible
• Ask your legislator exactly where he/she stands
  on an issue or an aspect of a bill
• Follow up with a polite letter of thanks that
  includes the main points of your meeting,
  commitments made and any additional information
  requested

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GRASSROOTS ADVOCACY

• Media Support
• As defined by the IRS, grassroots lobbying (or
  indirect lobbying) is using advertising and the
  news media to encourage legislative action
• Persuading editorial boards to encourage a
  supportive arts policy or printing a specific
  article in support of an issue
• Press conferences
• Photo opportunities at event
• Paid advertising

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GRASSROOTS ADVOCACY

• Audience Policy Support
• Asking audience members to call or write to
  legislators
• Placing signs in the lobby
• Distributing an advocacy newsletter
• Urging support for legislation through your
  program book
• Sending letters to subscribers
• Speaking from the stage

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FOLLOWING UP

• If Your Legislator is Solidly Opposed
• Be certain of your legislators opposition
• Remind him/her of the mutually beneficial
  position you have presented
• Add that the entire community will be monitoring
  the outcome
• Voice disappointment in a polite letter
• Express interest in working together in the future

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FOLLOWING UP

• If Your Legislator Leans Negative or is
  Undecided
• Resubmit your basic arguments, including any new
  supporting factors
• Consistent pressure is an important lobbying
  tactic
• If Your Legislator is Supportive
• Privately and publicly THANK them
• Persuade them to do more by speaking to
  colleagues and other party members
• Cultivate this relationship

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LEGALITIES REGULATIONS

• Federal law considers a nonprofit to be lobbying
  when it expends funds to urge, or to ask others
  to urge, a legislative official (officeholders,
  staff) to take a position on legislation. Doing
  so does not affect the organizations tax status
  or subject it to taxes or fees.
• For nonprofits, two basic requirements exist
• 1) Report on the annual tax return the total
  amount of funds expended for lobbying
• 2) Do not exceed the limit on the percentage of
  your budget that can be devoted to lobbying.
• To determine this percentage, your organization
  should make the 501(h) election.

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501(H) ELECTION

• Nonprofit expenditure limits for direct lobbying
  are determined by the budget size of the
  organization. Under 501(h) expenditure test
  public charities may spend
• Direct Lobbying
• 20 of the first 500,000 of its exempt purpose
  expenditures
• 15 of the next 500,000 and so on, up to one
  million dollars a year
• Grassroots Lobbying
• 5 of the first 500,000 of its exempt purpose
  expenditures
• 3.75 of the next 500,000, and so on, up to
  250,000 a year

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501(H) ELECTION

• Electing to come under the 501(h) lobbying
  definition is free, simple and permanent. By
  choosing to be covered by the Lobbying Law, the
  IRS will determine how much a 501(c)(3) nonprofit
  can legally lobby. The printable 501(h) election
  form may be found on the IRS website at
  http//www.irs.gov/pub/irs-pdf/f5768.pdf

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LEGALITIES REGULATIONS

• Should your organization receive a government
  grant, these funds cannot be used to lobby.
• The legal limits on nonprofit lobbying only take
  effect when funds are expended by the
  organization for lobbying activities. These
  include
• Spending staff time
• Producing materials
• Sponsoring events
• Providing travel

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501(c)(3) VS. 501(c)(4)

• 501(c)(3) nonprofits are tax-exempt organizations
  organized for charitable or educational purposes.
  Contributions to 501(c)(3) organizations may be
  earmarked for lobbying, but the donor cannot take
  a tax deduction for it.
• 501(c)(4) nonprofits are tax-exempt organizations
  organized specifically for lobbying or political
  campaigning. Donations to a section 501(c)(4)
  organization are not deductible by the donor.

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LOBBYING VS. ELECTIONEERING

• What Activities Are Prohibited?
• Electioneering is strictly prohibited. Arts
  organizations CANNOT endorse a candidate or
  political party
• Defined as actively working or taking an active
  stance on a political party or candidate,
  electioneering is very different from lobbying
• Nonprofits may not provide materials, money, or
  other resources for candidates or parties
• An arts organization may not urge others to
  support or oppose candidates

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LOBBYING VS. ELECTIONEERING

• What Activities Are Permitted?
• Nonprofits may consult with candidates/parties
  and report (in a nonpartisan manner) on issues
• Performing arts organizations may expend funds
  and take public positions on referenda, ballot
  initiatives, propositions, tax levies, etc., as
  long as they do not cross the line into party or
  candidate endorsement
• A nonprofit may
• Endorse ballot issues
• Advertise
• Pass out leaflets
• Participate in debates
• Write letters to the editor
• Communicate its point of view to the general
  public

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TRACKING EXPENSES

• This section of the budget, which is to be
  reported on your annual IRS Form 990, will likely
  be far below the legal lobbying expense limit
• Rules exist about Congressional gifts and for
  your state legislators as well. For state rules,
  check with your state nonprofit association or
  state arts advocacy group

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TRACKING EXPENSES

• When using organizational funds for lobbying
  activities, an accurate record should be kept of
  
• How much money was spent
• For what purpose
• Which officials were lobbied
• When officials were lobbied
• Costs may include any of the following
• Congressional mailings
• Direct meeting costs
• Providing complimentary tickets

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PERFORMING ARTS ADVOCACY Lobbying for Public
Policy Change