WP_Query Object ( [query] => Array ( [name] => nonprofit-lobbying [post_type] => resources [resource-type] => blog ) [query_vars] => Array ( [name] => nonprofit-lobbying [post_type] => resources [resource-type] => blog [error] => [m] => [p] => 0 [post_parent] => [subpost] => [subpost_id] => [attachment] => [attachment_id] => 0 [pagename] => [page_id] => 0 [second] => [minute] => [hour] => [day] => 0 [monthnum] => 0 [year] => 0 [w] => 0 [category_name] => [tag] => [cat] => [tag_id] => [author] => [author_name] => [feed] => [tb] => [paged] => 0 [meta_key] => [meta_value] => [preview] => [s] => [sentence] => [title] => [fields] => [menu_order] => [embed] => [category__in] => Array ( ) [category__not_in] => Array ( ) [category__and] => Array ( ) [post__in] => Array ( ) [post__not_in] => Array ( ) [post_name__in] => Array ( ) [tag__in] => Array ( ) [tag__not_in] => Array ( ) [tag__and] => Array ( ) [tag_slug__in] => Array ( ) [tag_slug__and] => Array ( ) [post_parent__in] => Array ( ) [post_parent__not_in] => Array ( ) [author__in] => Array ( ) [author__not_in] => Array ( ) [search_columns] => Array ( ) [ignore_sticky_posts] => [suppress_filters] => [cache_results] => 1 [update_post_term_cache] => 1 [update_menu_item_cache] => [lazy_load_term_meta] => 1 [update_post_meta_cache] => 1 [posts_per_page] => 10 [nopaging] => [comments_per_page] => 50 [no_found_rows] => [order] => DESC ) [tax_query] => [meta_query] => WP_Meta_Query Object ( [queries] => Array ( ) [relation] => [meta_table] => [meta_id_column] => [primary_table] => [primary_id_column] => [table_aliases:protected] => Array ( ) [clauses:protected] => Array ( ) [has_or_relation:protected] => ) [date_query] => [queried_object] => WP_Post Object ( [ID] => 11079 [post_author] => 43 [post_date] => 2023-10-03 20:27:35 [post_date_gmt] => 2023-10-03 20:27:35 [post_content] => There are few issues that cause more confusion than the lobbying rules surrounding 501(c)(3) nonprofit organizations. Many public affairs professionals—including some who work in the nonprofit world—are unclear about what organizations can and cannot do. [stat align="left" number="32%" text="of nonprofits know the advocacy activities they can legally do"]Research by Independent Sector, a group of nonprofits, foundations, and companies that work on civil society issues, found that only 32 percent of nonprofits know the advocacy activities they can legally do, down substantially from 54 percent in 2000. The result is that less activity is taking place. Only 31 percent said they engaged in lobbying or advocacy in the last five years, compared to 74 percent who reported in 2000 that they had ever conducted any lobbying. While some may be tempted to steer clear out of caution, Marcia Avner, author of The Lobbying and Advocacy Handbook for Nonprofit Organizations, makes a compelling case to the contrary. “Without the experience and expertise of nonprofits, the public debate will never be fully informed,” she wrote. “And without nonprofits doing direct and grassroots lobbying, many people will never make their voices heard in the centers of power in this country. Nonprofit lobbying fosters citizen action; it is an essential act in a democracy.” The truth is that nonprofits can legally engage in many forms of advocacy. Supporting or opposing policies, educating an audience, activating voters and other activities can be integral to serving the mission. But they must do so carefully and within the boundaries of the law. If your organization is one of the two thirds who aren’t sure of the dos and don’ts, learning what is permissible and framing a basic policy for your organization is a good first step. Here are some considerations.

The Limitations on Lobbying

The answer to whether, how, and how much a 501(c)(3) nonprofit can lobby is fundamentally a legal determination stemming from the U.S. tax code and rules created and enforced by the Internal Revenue Service. Organizations that are created under section 501(c)(3) serve a charitable, religious, educational, scientific or similar public-spirited mission. In return, they are exempt from taxation, but they must adhere to certain rules, and that includes limitations on lobbying.

“In general, no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation,” the IRS says on its website. “A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status.”

The lobbying limitation applies to contacting lawmakers, or urging other people to contact to do so, in Congress, state legislatures, and local government bodies, according to the IRS. It does not apply to the executive or judicial branches of government, or to administrative bodies. What constitutes a “substantial part” of a nonprofit’s activities can be determined by the amount of time that employees or volunteers spend on lobbying activity, or the amount of expenditures related to lobbying. The amounts for the later test vary by the size of the organization. The IRS is also quick to point out that there is plenty of policy-related activity that can take place because it is not considered lobbying. “Organizations may … involve themselves in issues of public policy without the activity being considered as lobbying,” the agency says on its website. “For example, organizations may conduct educational meetings, prepare and distribute educational materials, or otherwise consider public policy issues in an educational manner without jeopardizing their tax-exempt status.”

Yes, You Need a Lawyer

If you are thinking you need a lawyer to work all of this out and tell you what you can and cannot do, you might be right. This is an area where details can matter. If your organization does not already have written policies that guide public affairs work, or long-held practices that keep your organization within the law, then a visit to the general counsel’s office is probably in your future. However, how you frame these conversations is important and your efforts should be considered. Your goal is to be able to conduct activities that further your public affairs objectives. The general counsel’s office is charged with protecting the organization. Unless you are careful, you could find those two missions in tension. More specifically, a hasty effort can result in an overly broad and cautious recommendation that could actually restrict your efforts. The solution is to be deliberate and inclusive. Gather your team and determine what it is that you want to do. Create a case for those activities that includes the impact on the mission and the return on investment. Then, take that case to leadership and gather support. You will want to discuss all angles, such as how the work will be perceived by funders and other teams within your organization. When you have some some champions, meet with your legal and compliance experts and, together, you can move forward.

Nonprofit Lobbying Versus Advocacy

When considering the dos and don’ts for your organization, it is helpful to distinguish advocacy from lobbying, two terms that often get confused. According to the National Alliance to End Homelessness, which created a report on the rules for nonprofit lobbying for its members, lobbying involves efforts to influence specific legislation at the federal, state, or local level. It includes “contacting any legislative Member, legislative staff, or government employee to influence him or her to propose, support, or oppose specific legislation, as well as trying to persuade the public to share your views on a particular legislative proposal,” the report said. According to the report, examples of lobbying activities might include:

1. Meeting with members of the Appropriations Committee to ask them to support an increase in funding for a specific federal program.
2. Calling a congressional staffer to ask that a lawmaker write a letter supporting passage of a specific bill.
3. Sending an action alert to your audience and asking them to write a letter to their member of Congress supporting an increase in funding for a specific federal program.

Advocacy, by contrast, is a more broad term that encompasses many activities that are not considered lobbying. Think of it this way: Lobbying is considered advocacy, but not all advocacy is lobbying.

Advocacy Activities for Nonprofits

According to the report, examples of advocacy activities that are not considered lobbying include:

1. Providing materials to lawmakers that describe the performance of a federally funded program, how your organization uses federal funding, or what it accomplishes.
2. Providing an analysis of a specific piece of legislation on an organization’s website or elsewhere, including information on how it will impact people.
3. Inviting lawmakers to visit a program so they can see how federal funding is being used.

Congressional testimony, whether written or oral, is also not considered lobbying. No matter which activities your organization chooses to pursue, one thing is clear: there are many options available to nonprofits that want to get involved in the policy process. Many are considered advocacy and can be conducted without limitation. Others are considered lobbying and must be done with care. As the National Council of Nonprofits concluded, “The federal government, including Congress and the Internal Revenue Service, supports not only broad advocacy but also legislative lobbying by 501(c)(3) charitable nonprofits.” The report by the National Alliance to End Homelessness agreed. “Unfortunately, myths about lobbying and advocacy prevent many nonprofit organizations from taking part in the public policy process,” the report said. “Contrary to what many people think, not only is nonprofit lobbying legal, Congress has recognized that lobbying efforts by nonprofit organizations represent a legitimate and important activity.” [post_title] => Can 501(c)(3)s Lobby? Dos and Don’ts for Nonprofit Lobbying [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => nonprofit-lobbying [to_ping] => [pinged] => [post_modified] => 2023-10-04 14:02:45 [post_modified_gmt] => 2023-10-04 14:02:45 [post_content_filtered] => [post_parent] => 0 [guid] => https://marketing-staging.quorum.us/?post_type=resources&p=11079 [menu_order] => 0 [post_type] => resources [post_mime_type] => [comment_count] => 0 [filter] => raw ) [queried_object_id] => 11079 [request] => SELECT wp_posts.* FROM wp_posts WHERE 1=1 AND wp_posts.post_name = 'nonprofit-lobbying' AND wp_posts.post_type = 'resources' ORDER BY wp_posts.post_date DESC [posts] => Array ( [0] => WP_Post Object ( [ID] => 11079 [post_author] => 43 [post_date] => 2023-10-03 20:27:35 [post_date_gmt] => 2023-10-03 20:27:35 [post_content] => There are few issues that cause more confusion than the lobbying rules surrounding 501(c)(3) nonprofit organizations. Many public affairs professionals—including some who work in the nonprofit world—are unclear about what organizations can and cannot do. [stat align="left" number="32%" text="of nonprofits know the advocacy activities they can legally do"]Research by Independent Sector, a group of nonprofits, foundations, and companies that work on civil society issues, found that only 32 percent of nonprofits know the advocacy activities they can legally do, down substantially from 54 percent in 2000. The result is that less activity is taking place. Only 31 percent said they engaged in lobbying or advocacy in the last five years, compared to 74 percent who reported in 2000 that they had ever conducted any lobbying. While some may be tempted to steer clear out of caution, Marcia Avner, author of The Lobbying and Advocacy Handbook for Nonprofit Organizations, makes a compelling case to the contrary. “Without the experience and expertise of nonprofits, the public debate will never be fully informed,” she wrote. “And without nonprofits doing direct and grassroots lobbying, many people will never make their voices heard in the centers of power in this country. Nonprofit lobbying fosters citizen action; it is an essential act in a democracy.” The truth is that nonprofits can legally engage in many forms of advocacy. Supporting or opposing policies, educating an audience, activating voters and other activities can be integral to serving the mission. But they must do so carefully and within the boundaries of the law. If your organization is one of the two thirds who aren’t sure of the dos and don’ts, learning what is permissible and framing a basic policy for your organization is a good first step. Here are some considerations.

The Limitations on Lobbying

The answer to whether, how, and how much a 501(c)(3) nonprofit can lobby is fundamentally a legal determination stemming from the U.S. tax code and rules created and enforced by the Internal Revenue Service. Organizations that are created under section 501(c)(3) serve a charitable, religious, educational, scientific or similar public-spirited mission. In return, they are exempt from taxation, but they must adhere to certain rules, and that includes limitations on lobbying.

“In general, no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation,” the IRS says on its website. “A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status.”

The lobbying limitation applies to contacting lawmakers, or urging other people to contact to do so, in Congress, state legislatures, and local government bodies, according to the IRS. It does not apply to the executive or judicial branches of government, or to administrative bodies. What constitutes a “substantial part” of a nonprofit’s activities can be determined by the amount of time that employees or volunteers spend on lobbying activity, or the amount of expenditures related to lobbying. The amounts for the later test vary by the size of the organization. The IRS is also quick to point out that there is plenty of policy-related activity that can take place because it is not considered lobbying. “Organizations may … involve themselves in issues of public policy without the activity being considered as lobbying,” the agency says on its website. “For example, organizations may conduct educational meetings, prepare and distribute educational materials, or otherwise consider public policy issues in an educational manner without jeopardizing their tax-exempt status.”

Yes, You Need a Lawyer

If you are thinking you need a lawyer to work all of this out and tell you what you can and cannot do, you might be right. This is an area where details can matter. If your organization does not already have written policies that guide public affairs work, or long-held practices that keep your organization within the law, then a visit to the general counsel’s office is probably in your future. However, how you frame these conversations is important and your efforts should be considered. Your goal is to be able to conduct activities that further your public affairs objectives. The general counsel’s office is charged with protecting the organization. Unless you are careful, you could find those two missions in tension. More specifically, a hasty effort can result in an overly broad and cautious recommendation that could actually restrict your efforts. The solution is to be deliberate and inclusive. Gather your team and determine what it is that you want to do. Create a case for those activities that includes the impact on the mission and the return on investment. Then, take that case to leadership and gather support. You will want to discuss all angles, such as how the work will be perceived by funders and other teams within your organization. When you have some some champions, meet with your legal and compliance experts and, together, you can move forward.

Nonprofit Lobbying Versus Advocacy

When considering the dos and don’ts for your organization, it is helpful to distinguish advocacy from lobbying, two terms that often get confused. According to the National Alliance to End Homelessness, which created a report on the rules for nonprofit lobbying for its members, lobbying involves efforts to influence specific legislation at the federal, state, or local level. It includes “contacting any legislative Member, legislative staff, or government employee to influence him or her to propose, support, or oppose specific legislation, as well as trying to persuade the public to share your views on a particular legislative proposal,” the report said. According to the report, examples of lobbying activities might include:

1. Meeting with members of the Appropriations Committee to ask them to support an increase in funding for a specific federal program.
2. Calling a congressional staffer to ask that a lawmaker write a letter supporting passage of a specific bill.
3. Sending an action alert to your audience and asking them to write a letter to their member of Congress supporting an increase in funding for a specific federal program.

Advocacy, by contrast, is a more broad term that encompasses many activities that are not considered lobbying. Think of it this way: Lobbying is considered advocacy, but not all advocacy is lobbying.

Advocacy Activities for Nonprofits

According to the report, examples of advocacy activities that are not considered lobbying include:

1. Providing materials to lawmakers that describe the performance of a federally funded program, how your organization uses federal funding, or what it accomplishes.
2. Providing an analysis of a specific piece of legislation on an organization’s website or elsewhere, including information on how it will impact people.
3. Inviting lawmakers to visit a program so they can see how federal funding is being used.

Congressional testimony, whether written or oral, is also not considered lobbying. No matter which activities your organization chooses to pursue, one thing is clear: there are many options available to nonprofits that want to get involved in the policy process. Many are considered advocacy and can be conducted without limitation. Others are considered lobbying and must be done with care. As the National Council of Nonprofits concluded, “The federal government, including Congress and the Internal Revenue Service, supports not only broad advocacy but also legislative lobbying by 501(c)(3) charitable nonprofits.” The report by the National Alliance to End Homelessness agreed. “Unfortunately, myths about lobbying and advocacy prevent many nonprofit organizations from taking part in the public policy process,” the report said. “Contrary to what many people think, not only is nonprofit lobbying legal, Congress has recognized that lobbying efforts by nonprofit organizations represent a legitimate and important activity.” [post_title] => Can 501(c)(3)s Lobby? Dos and Don’ts for Nonprofit Lobbying [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => nonprofit-lobbying [to_ping] => [pinged] => [post_modified] => 2023-10-04 14:02:45 [post_modified_gmt] => 2023-10-04 14:02:45 [post_content_filtered] => [post_parent] => 0 [guid] => https://marketing-staging.quorum.us/?post_type=resources&p=11079 [menu_order] => 0 [post_type] => resources [post_mime_type] => [comment_count] => 0 [filter] => raw ) ) [post_count] => 1 [current_post] => -1 [before_loop] => 1 [in_the_loop] => [post] => WP_Post Object ( [ID] => 11079 [post_author] => 43 [post_date] => 2023-10-03 20:27:35 [post_date_gmt] => 2023-10-03 20:27:35 [post_content] => There are few issues that cause more confusion than the lobbying rules surrounding 501(c)(3) nonprofit organizations. Many public affairs professionals—including some who work in the nonprofit world—are unclear about what organizations can and cannot do. [stat align="left" number="32%" text="of nonprofits know the advocacy activities they can legally do"]Research by Independent Sector, a group of nonprofits, foundations, and companies that work on civil society issues, found that only 32 percent of nonprofits know the advocacy activities they can legally do, down substantially from 54 percent in 2000. The result is that less activity is taking place. Only 31 percent said they engaged in lobbying or advocacy in the last five years, compared to 74 percent who reported in 2000 that they had ever conducted any lobbying. While some may be tempted to steer clear out of caution, Marcia Avner, author of The Lobbying and Advocacy Handbook for Nonprofit Organizations, makes a compelling case to the contrary. “Without the experience and expertise of nonprofits, the public debate will never be fully informed,” she wrote. “And without nonprofits doing direct and grassroots lobbying, many people will never make their voices heard in the centers of power in this country. Nonprofit lobbying fosters citizen action; it is an essential act in a democracy.” The truth is that nonprofits can legally engage in many forms of advocacy. Supporting or opposing policies, educating an audience, activating voters and other activities can be integral to serving the mission. But they must do so carefully and within the boundaries of the law. If your organization is one of the two thirds who aren’t sure of the dos and don’ts, learning what is permissible and framing a basic policy for your organization is a good first step. Here are some considerations.

The Limitations on Lobbying

The answer to whether, how, and how much a 501(c)(3) nonprofit can lobby is fundamentally a legal determination stemming from the U.S. tax code and rules created and enforced by the Internal Revenue Service. Organizations that are created under section 501(c)(3) serve a charitable, religious, educational, scientific or similar public-spirited mission. In return, they are exempt from taxation, but they must adhere to certain rules, and that includes limitations on lobbying.

“In general, no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation,” the IRS says on its website. “A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status.”

The lobbying limitation applies to contacting lawmakers, or urging other people to contact to do so, in Congress, state legislatures, and local government bodies, according to the IRS. It does not apply to the executive or judicial branches of government, or to administrative bodies. What constitutes a “substantial part” of a nonprofit’s activities can be determined by the amount of time that employees or volunteers spend on lobbying activity, or the amount of expenditures related to lobbying. The amounts for the later test vary by the size of the organization. The IRS is also quick to point out that there is plenty of policy-related activity that can take place because it is not considered lobbying. “Organizations may … involve themselves in issues of public policy without the activity being considered as lobbying,” the agency says on its website. “For example, organizations may conduct educational meetings, prepare and distribute educational materials, or otherwise consider public policy issues in an educational manner without jeopardizing their tax-exempt status.”

Yes, You Need a Lawyer

If you are thinking you need a lawyer to work all of this out and tell you what you can and cannot do, you might be right. This is an area where details can matter. If your organization does not already have written policies that guide public affairs work, or long-held practices that keep your organization within the law, then a visit to the general counsel’s office is probably in your future. However, how you frame these conversations is important and your efforts should be considered. Your goal is to be able to conduct activities that further your public affairs objectives. The general counsel’s office is charged with protecting the organization. Unless you are careful, you could find those two missions in tension. More specifically, a hasty effort can result in an overly broad and cautious recommendation that could actually restrict your efforts. The solution is to be deliberate and inclusive. Gather your team and determine what it is that you want to do. Create a case for those activities that includes the impact on the mission and the return on investment. Then, take that case to leadership and gather support. You will want to discuss all angles, such as how the work will be perceived by funders and other teams within your organization. When you have some some champions, meet with your legal and compliance experts and, together, you can move forward.

Nonprofit Lobbying Versus Advocacy

When considering the dos and don’ts for your organization, it is helpful to distinguish advocacy from lobbying, two terms that often get confused. According to the National Alliance to End Homelessness, which created a report on the rules for nonprofit lobbying for its members, lobbying involves efforts to influence specific legislation at the federal, state, or local level. It includes “contacting any legislative Member, legislative staff, or government employee to influence him or her to propose, support, or oppose specific legislation, as well as trying to persuade the public to share your views on a particular legislative proposal,” the report said. According to the report, examples of lobbying activities might include:

1. Meeting with members of the Appropriations Committee to ask them to support an increase in funding for a specific federal program.
2. Calling a congressional staffer to ask that a lawmaker write a letter supporting passage of a specific bill.
3. Sending an action alert to your audience and asking them to write a letter to their member of Congress supporting an increase in funding for a specific federal program.

Advocacy, by contrast, is a more broad term that encompasses many activities that are not considered lobbying. Think of it this way: Lobbying is considered advocacy, but not all advocacy is lobbying.

Advocacy Activities for Nonprofits

According to the report, examples of advocacy activities that are not considered lobbying include:

1. Providing materials to lawmakers that describe the performance of a federally funded program, how your organization uses federal funding, or what it accomplishes.
2. Providing an analysis of a specific piece of legislation on an organization’s website or elsewhere, including information on how it will impact people.
3. Inviting lawmakers to visit a program so they can see how federal funding is being used.

Congressional testimony, whether written or oral, is also not considered lobbying. No matter which activities your organization chooses to pursue, one thing is clear: there are many options available to nonprofits that want to get involved in the policy process. Many are considered advocacy and can be conducted without limitation. Others are considered lobbying and must be done with care. As the National Council of Nonprofits concluded, “The federal government, including Congress and the Internal Revenue Service, supports not only broad advocacy but also legislative lobbying by 501(c)(3) charitable nonprofits.” The report by the National Alliance to End Homelessness agreed. “Unfortunately, myths about lobbying and advocacy prevent many nonprofit organizations from taking part in the public policy process,” the report said. “Contrary to what many people think, not only is nonprofit lobbying legal, Congress has recognized that lobbying efforts by nonprofit organizations represent a legitimate and important activity.” [post_title] => Can 501(c)(3)s Lobby? Dos and Don’ts for Nonprofit Lobbying [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => nonprofit-lobbying [to_ping] => [pinged] => [post_modified] => 2023-10-04 14:02:45 [post_modified_gmt] => 2023-10-04 14:02:45 [post_content_filtered] => [post_parent] => 0 [guid] => https://marketing-staging.quorum.us/?post_type=resources&p=11079 [menu_order] => 0 [post_type] => resources [post_mime_type] => [comment_count] => 0 [filter] => raw ) [comment_count] => 0 [current_comment] => -1 [found_posts] => 1 [max_num_pages] => 0 [max_num_comment_pages] => 0 [is_single] => 1 [is_preview] => [is_page] => [is_archive] => [is_date] => [is_year] => [is_month] => [is_day] => [is_time] => [is_author] => [is_category] => [is_tag] => [is_tax] => [is_search] => [is_feed] => [is_comment_feed] => [is_trackback] => [is_home] => [is_privacy_policy] => [is_404] => [is_embed] => [is_paged] => [is_admin] => [is_attachment] => [is_singular] => 1 [is_robots] => [is_favicon] => [is_posts_page] => [is_post_type_archive] => [query_vars_hash:WP_Query:private] => 0a672b151215bf0718ddfe57e9c0e1c4 [query_vars_changed:WP_Query:private] => [thumbnails_cached] => [allow_query_attachment_by_filename:protected] => [stopwords:WP_Query:private] => [compat_fields:WP_Query:private] => Array ( [0] => query_vars_hash [1] => query_vars_changed ) [compat_methods:WP_Query:private] => Array ( [0] => init_query_flags [1] => parse_tax_query ) )

!!! 11079