LOBBYING FOR. March 22, 2017

Transcription

1 ADVOCACY AND LOBBYING FOR NON-PROFITS March 22, 2017 The webinar will begin shortly. If you experience a problem signing on, please contact the ReadyTalk Technical Support Line at for direct assistance.

2 Today s Speakers Nikhil Pillai Counsel Bolder Advocacy Initiative at Alliance for Justice Monica Fuentes Director of DC Office Welcoming America

3 ADVOCACY AND LOBBYING FOR NON-PROFITS NIKHIL PILLAI

4 For free coaching about laws impacting nonprofit advocacy: For free tools, fact sheets, and publications BolderAdvocacy

5 KEY POINTS Not all advocacy is lobbying. Have you made the 501(h) election? If your activity doesn t have all the elements of lobbying, isn t not lobbying! What system do you use to track lobbying?

6 501(c)(3) 501(c)(4) 501(c)(5) 501(c)(6) Political Organizations Examples Tax Treatment Tax-Exempt Contributions tax-deductible Private Foundation grants Tax-Exempt Tax-Exempt Lobbying Activities Limited Unlimited Rare and usually taxable Electoral Activities Cannot support or oppose a candidate for office Secondary activity Follow federal and state election law Usually, sole activity

7 Local Governments: Rules vary by state and locality. Most forms of advocacy are available to you. Can engage in any type of advocacy in your personal capacity. Contact Alliance for Justice for assistance!

8 WHAT IS ADVOCACY?

9 Organize Communities Educate Legislators Encourage Voting Educate Public PARTISAN POLITICAL Educational Conferences Nonpartisan Voter Ed. Lobbying Exceptions LOBBYING Change Corporate Behavior Regulatory Efforts Litigation Research Skills Training TYPES OF ADVOCACY

10 Lobbying Partisan Activity Advocacy TYPES OF ADVOCACY

11 Capacity Building Tools

12 Nonprofits can and should ADVOCATE for POLICY CHANGE!

13 Not all ADVOCACY is LOBBYING!

14 HOW MUCH LOBBYING?

15 INSUBSTANTIAL PART TEST 1. What is insubstantial? 2. Default test 3. Activities-based 4. Lobbying not defined 5. Penalty or 501(H) EXPENDITURE TEST 1. Dollar-based limits 2. One-time election IRS Form Expenditures only 4. Definition of lobbying 5. Penalty less severe HOW MUCH LOBBYING FOR PUBLIC CHARITIES?

16 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. WHAT IS LOBBYING UNDER THE INSUBSTANTIAL PART TEST? Advocating the adoption or rejection of legislation.

17 Trying to influence legislation, including supporting or opposing WHAT IS LOBBYING UNDER THE INSUBSTANTIAL PART TEST? ballot measures

18 LOBBYING = ATTEMPTING TO INFLUENCE LEGISLATION

19 LOBBYING LIMITS under 501(h)

20 1. Calculate organization s Exempt Purpose Expenditures Annual Expenditures (for most organizations) 2. Overall lobbying limit ANNUAL EXPENDITURES $500,000 or less 20% OVERALL LOBBYING LIMIT $500,000 to $1 million $100, % of excess over $500,000 $1 million to $1.5 million $175, % of excess over $1 million $1.5 million to $17 million $225, % of excess over $1.5 million Over $17 million $1,000, Grassroots lobbying limit is 25% of overall limit

21 TOTAL LOBBYING LIMITS for 501(c)(3)s making the 501(h) election with annual expenditures of $500,000 Direct Grassroots Education & Non-Lobbying Advocacy Overall Lobbying Limit Grassroots Lobbying Limit $100,000 $25,000

22 990 Schedule C Part II-A

23 Have you made the 501(H) ELECTION?

24 DIRECT communication legislator expresses a view about specific legislation GRASSROOTS communication general public expresses a view about specific legislation WHAT IS LOBBYING UNDER THE 501(H) ELECTION? call to action

25 DIRECT Communication Legislator Expresses a view about specific legislation GRASSROOTS Communication General public Expresses a view about specific legislation Call to action

26 DIRECT Communication U.S. Legislators and staff Legislator Expresses a view about specific legislation GRASSROOTS Communication General public Expresses a view about specific legislation Call to action State Legislators and staff County Board of Supervisors, City Council and staff

27 DIRECT Communication President, governor, mayor, or other executive official who participates in the formulation of legislation. Legislator Expresses a view about specific legislation GRASSROOTS Communication General public Expresses a view about specific legislation Call to action

28 School boards Zoning boards Housing authorities Sewer and water districts Other special purpose bodies NOT LEGISLATORS

29 DIRECT Communication Legislator Expresses a view about specific legislation GRASSROOTS Communication General public Expresses a view about specific legislation Call to action

30 DIRECT communication legislator expresses a view about specific legislation SPECIAL LEGISLATOR RULE Members of the general public are legislators. Ballot Measures - ballot initiatives - referenda - constitutional amendments - bond measures GRASSROOTS communication general public expresses a view about specific legislation call to action

31 Generally, a direct lobbying tweet (communication) would include a legislator s twitter handle (legislator) in the tweet and express a view about a piece of legislation or the budget.

32 Regulations Executive Orders Enforcement of Existing Laws Litigation NOT SPECIFIC LEGISLATION

33 DIRECT Communication Legislator Expresses a view about specific legislation GRASSROOTS Communication CALL TO ACTION General public Expresses a view about specific legislation Call to action

34 DIRECT Communication Legislator Expresses a view about specific legislation GRASSROOTS Communication General public Expresses a view about specific legislation TELLING TO CONTACT legislator(s) PROVIDING ADDRESS, telephone number, and/or other contact information of legislator(s) PROVIDING MECHANISM to enable communication with legislator(s) IDENTIFYING legislator(s) Call to action

35 DIRECT Communication Legislator Expresses a view about specific legislation GRASSROOTS Communication General public Expresses a view about specific legislation Call to action

36 DIRECT Communication Legislator Expresses a view about specific legislation GRASSROOTS Communication General public Expresses a view about specific legislation Call to action

37 DIRECT Communication Legislator Expresses a view about specific legislation GRASSROOTS Communication General public Expresses a view about specific legislation Call to action

38 DIRECT Communication Legislator Expresses a view about specific legislation GRASSROOTS Communication General public Expresses a view about specific legislation Call to action

39 DIRECT Communication Legislator Expresses a view about specific legislation GRASSROOTS Communication General public Expresses a view about specific legislation Call to action

40

41

42

43

44

45

46

47

48 DIRECT Communication Legislator Expresses a view about specific legislation GRASSROOTS Communication General public Not Calls to Action: Learn more Take action Support our efforts Get involved Expresses a view about specific legislation Call to action NOT Lobbying

49

50 Does your ACTIVITY have all the elements of LOBBYING? If NO, it s NOT LOBBYING!

51

52

53

54

55

56 Nonpartisan analysis, study, or research Request for technical assistance Self-defense Examinations and discussions of broad social, economic, and similar problems LOBBYING EXCEPTIONS

57 MUST represent full and fair discussion be broadly disseminated MAY express a view NONPARTISAN ANALYSIS contain indirect call to action limit subsequent grassroots lobbying LOBBYING EXCEPTIONS

58 MUST BE invited in writing on behalf of committee TECHNICAL ASSISTANCE available to all members of committee MAY express a view on Specific legislation LOBBYING EXCEPTIONS

59 MUST RELATE TO powers and duties tax-exempt status deductibility of contributions SHOULD consult with attorney SELF-DEFENSE LOBBYING EXCEPTIONS

60 NO SPECIFIC LEGISLATION ANALYSIS + DISCUSSIONS blue ribbon panel annual reports early stages of policy development NO CALL TO ACTION communication does not include call to action LOBBYING EXCEPTIONS

61 IRS Lobbying KEY POINTS: Public Charities can and should lobby; They just have to stay within their annual lobbying limits. Most 501(c)(3) public charities will benefit from using the 501(h) expenditure test to determine their lobbying limits. Many activities that influence policy will not even meet the definition of lobbying. Contact Alliance for Justice for assistance!

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

63 KEEPING TRACK

64 What system do you use for RECORDING YOUR LOBBYING?

65 Lobbying Expenses $10 for Taxi ride to Capitol to lobby $50 for photocopies for direct lobbying $100 dollars for photocopies of preaddressed letters to be handed out as grassroots lobbying efforts

66 1. BE REASONABLE: Very few explicit rules Pick a system that reasonably reflects activities and expenses and isn t overly complicated 2. BE CONSISTENT: Once you decide on a system, avoid frequent changes Change only to correct problems, not to try to game the system GENERAL RULES

67 FOR MORE INFORMATION:

68 QUESTIONS?

69 WEST COAST Oakland, CA EAST COAST Washington, DC Los Angeles, CA TEXAS Dallas, TX

70 Join Us: The Hidden Truth about Poverty April 12th 2:00-3:15 CFED and Welcoming America

71 Join Us

72 Welcoming Institute Training & Education Leadership & Communication Equitable Access Safe & Stable Communities Civic Engagement Economic Opportunity & Education

73 KEEP UP WITH WELCOMING AMERICA WelcomingAmerica.org Like us on Facebook facebook.com/welcomingamerica Follow us on Subscribe to our YouTube Channel youtube.com/welcomingamerica Connect with us on LinkedIn linkedin.com/company/welcoming-america