Advocacy 101 April 27, 2011 Organizing Educate s Get to Know s Public Education PARTISAN POLITICAL Educational Conferences Research Nonpartisan Voter Ed. Lobbying Exceptions LOBBYING Training Organize a Rally Regulatory Efforts Litigation Avenues for ADVOCACY Continuum for Organizing and Advocacy Work Advocacy Community Organizing For Many Groups Effective Evaluation Requires Both Models
Advocacy Continuum for Organizing and Advocacy Community Organizing Mainly Policy Mainly Power Policy, Some Power Policy &Power Power, Some Policy Groups May Self-Define Differently! Similarities: Organizing and Advocacy Social good, passion Long-term External factors, changes in course Complex processes Capacity building critical Not easy to measure Self evaluation important Differences: Organizing and Advocacy Empowerment vs Policy Influence Focus on democratic leadership Social justice focus Leadership development Attitudes, Culture
AFJ ADVOCACY CAPACITY INDICATORS I. Organizational Indicators: Decision making structures Advocacy Agenda Organizational commitment/resources II. Relationship Indicators: Advocacy base Advocacy partners Advocacy targets III. Strategy/ Knowledge & Skills Indicators: Media skills and infrastructure Issue expertise Advocacy strategies Knowledge, skills, and systems to effectively implement strategies AFJ DRAFT COMMUNITY ORGANIZING CAPACITY INDICATORS I. Organizational Indicators: Organizing commitment/resources Fiscal Sustainability Constituent leadership in decision-making II. Empowerment/Constituent Leadership III.Indicators: Constituents understand concepts of organizing Constituent leadership is developed and utilized Constituents develop Political Consciousness and Sense of Empowerment III.Strategy/ Knowledge & Skills Indicators: Media Skills and Infrastructure Community Organizing Strategy Staff/Constituent Relations Knowledge, skills, and tools to obtain organizing outcomes Overview of LEGAL RULES 501(c)(3) 501(c)(4) Political Organizations Examples Tax Treatment Alliance for Justice LCV Education Fund Tax-Exempt Donations tax-deductible Private Foundation grants AFJ Action Campaign LCV Tax-Exempt Donations may be subject to gift tax Connected/SSF LCV PAC Independent Emily s List Tax-Exempt Lobbying Activities Limited Follow federal and state disclosure laws Unlimited Follow federal and state disclosure laws 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
Federal Tax Law: 501(c)(3) only Limits lobbying (including ballot measures) Lobbying at every level of govt. No partisan political activity Report on IRS Form 990 State Lobbying Disclosure Law: All entities State level only Registration and reporting State Election Law: All entities State level only Ballot measures Federal Lobbying Disclosure Act: All entities Federal level only Registration and reporting 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 5768 3. Expenditures only 4. Definition of lobbying 5. Penalty less severe How much LOBBYING? 1. Calculate organization s 2. Overall lobbying limit Exempt Purpose Expenditures ANNUAL EXPENDITURES OVERALL LOBBYING LIMIT $500,000 or less 20% $500,000 to $1 million $100,000 +15% of excess over $500,000 $1 million to $1.5 million $175,000 +10% of excess over $1 million $1.5 million to $17 million $225,000 + 5% of excess over $1.5 million Over $17 million $1,000,000 3. Grassroots lobbying limit is 25% of overall limit LOBBYING LIMITS under 501(h)
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 What is LOBBYING under 501(h)?
Federal Members of Congress State State Legislature Local City Council, County Board of Supervisors President, governor, mayor or other executive official who participates in the formulation of
When is Secretary of the Louisiana Department of Transportation & Development Sherri LeBas a legislator? Board of Education NOT s
SPECIAL LEGISLATOR RULE Members of the general public are legislators
Regulations Executive Orders Enforcement of Existing Laws Litigation NOT Specific Legislation CALL TO ACTION
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)
Not Lobbying With a legislator Expressing a view With a legislator Expressing a view
Nonpartisan analysis, study, or research Request for technical assistance Self defense Examinations and discussions of broad social, economic, and similar problems Lobbying EXCEPTIONS MUST Full and Fair Discussion Broadly Disseminated MAY Express a View Indirect Call to Action Subsequent Grassroots Lobbying Nonpartisan ANALYSIS MUST Invitation in Writing on behalf of Committee Available to all members of Committee MAY Express a View on Specific Legislation Technical ASSISTANCE
MUST RELATE TO Powers and Duties Tax-Exempt Status Deductibility of Contributions SHOULD Consult with Attorney Self-DEFENSE NO SPECIFIC LEGISLATION Blue Ribbon Panel Annual Reports Early Stages of Policy Development NO CALL TO ACTION Does not Include Call to Action Examinations & DISCUSSIONS Keeping TRACK
501(h) Direct Costs Staff Time Overhead INSUBSTANTIAL PART Volunteers Donated goods or services Activities Specified on Form 990 REASONABLE allocation Cost Center Direct Grassroots Direct Costs $60 $100 Staff Time $750 $250 10% $15,000 Overhead Direct $1500 $750 Lobbying Overhead Total $2310 Expenditures 5% Grassroots Lobbying $1100 501(c)(3) charitable, religious, scientific, educational, literary organizations Tax exempt Tax deductible contributions Limits on lobbying No partisan election-related activities Public Charity / Public Foundation community foundations, community trusts, women s funds, re-grantors -Broad public funding support -Carries out own programs and/or makes grants -May engage in or fund lobbying (within limits) -May engage in non-lobbying advocacy, without limits Private Foundation family foundations, corporate foundations, private operating foundations -Limited sources of funding -Makes grants to public charities -Mandatory annual distribution -Lobbying expenditures subject to tax -May not earmark grants for lobbying; may fund grantees that lobby -Restrictions on funding voter registration drives
Both public and private foundations can fund advocacy, including lobbying Private foundations cannot earmark grants for lobbying without incurring a taxable expenditure A grant earmarked for lobbying counts against a public foundation s lobbying limits Earmark: To designate for a specific purpose Communicating with FUNDERS Private foundations should not EARMARK grants for lobbying / voter registration but Private foundations may FUND grantees that lobby / do voter registration $$$ General Support Grants Specific Project Grants General Support Grants Private foundations may fund grantees that lobby Specific Project Grants Safe HARBORS
Foundation grant Specific project s non-lobbying component Specific Project Grants Specific Project Grant Example $100,000 Project Budget: Project Budget $50,000 Grant from Foundation 2 $50,000 < $60,000 No taxable expenditure Lobbying $40,000 Non-lobbying $60,000 $50,000 Grant from Foundation 1 $50,000 < $60,000 No taxable expenditure WEST COAST Alliance For Justice 1611 Telegraph Avenue Suite 1006 Oakland, CA 94612 510-444-6070 EAST COAST Alliance for Justice 11 Dupont Circle, NW 2 nd Floor Washington, DC 20036 202-822-6070 advocacy@afj.org 866.675.6229 www.afj.org for fact sheets and publications
Resources for Evaluating Community Organizing An Evaluation of the Ford Foundation's Neighborhood and Family Initiative, by Robert J. Chaskin, Selma Chipenda-Dansokho, Mark Joseph, and Carla Richards, a report by the Chapin Hall Center for Children at the University of Chicago Creating Change through Community Organizing: Funding Strategies That Develop Local Leadership and Build Collective Power, by Marjorie Fine of the Center for Community Change Do-it-Yourself Evaluation of Community Organizing videos, created by Blueprint Research & Design. Grassroots Action and Learning for Social Change: Evaluating Community Organizing, by Catherine Crystal Foster & Justin Louie Movement Building Indicators, by the Asian Communities for Reproductive Justice Organizer Training and Bi-annual Strategic Evaluation and Organizer Evaluation, by Rabbi Moshe Ben Asher of Gather the People More Available at the Alliance for Justice Website: www.afj.org/reco