Chapter 14: Advocacy and Lobbying

  Stage 1: Inattention to the problem  Stage 2: Discovery of the problem  Stage 3: Climbing the agenda  Stage 4: Outlining the choices  Stage 5: Choosing courses of action  Stage 6: Launching initial interventions  Stage 7: Reassessing and redirecting efforts  Stage 8: Achieving success, failure, or neglect Stages in the Life Cycle of a Social Change Issue (Andreasen, 2006)

  Advocacy -- action taken to support a general cause  Lobbying -- action taken to support or oppose specific legislation  Political campaign activity -- action taken in support of or opposition to specific candidates for office Terminology

  Less than two percent of nonprofit organizations engage in lobbying  Larger, national organizations  Organizations in fields that are significantly regulated  Reasons for ambivalence  Belief that lobbying is irrelevant to the mission  Belief that lobbying is inappropriate  Inadequate staff or resources  Concern about alienating current or potential funders  Lack of clarity about the law Nonprofit Ambivalence about Lobbying

  501(c)(4) -- can engage in lobbying essentially without restriction  501(c)(3) -- limited in lobbying activity and prohibited from political campaign activity  Tax deductibility of gifts as public subsidies  Private foundations versus public charities  Sections 4911 and 501 of the Internal Revenue Code  Substantial part test  501(h) expenditure test  Other laws related to lobbying practice  Lobbying Disclosure Act  Gift rule Overview of Lobbying Law for Nonprofits

  Charitable nonprofits are prohibited from engaging in campaigns and from endorsing candidates, either implicitly or explicitly  Coordinating their activities with those of a candidate or a campaign  Contributing money or time to work for a candidate  Contributing the use of their facilities for a candidate or campaign Political Campaign Activity

  Applies to business corporations and nonprofits exempt under Section 501(c)(4), 501(c)(5), and 501(c)(6)  Constants  Cannot make monetary or in-kind contributions directly to candidates for federal office  Cannot coordinate their communication with candidates’ campaigns  Key change  Can make independent expenditures from their general treasury to expressly support or oppose candidates for federal office Citizens United v. FEC (2010)

  Determine the reason for lobbying and how it advances the nonprofit’s mission  Understand the legislative process  Identify the sources of funds  Undertake research  Develop an understanding of relevant public policy issues  Obtain data needed to make the case with legislators  Develop an infrastructure to support the lobbying program  Inventory existing relationships and identify decision makers  Use a strategic mix of tactics Best Practices for Advocacy and Lobbying

  Push for increased involvement by nonprofits in electoral politics  Virtuous cycle between advocacy and program delivery (Crutchfield and Grant, 2008)  Efforts to obtain legislative action but ignore political realities are naïve (Hessenius, 2007)  Reasons for concern  Potential for unethical use of nonprofit organizations  Jack Abramoff and the Capital Athletic Foundation  Unwillingness of taxpayers to subsidize partisan political activities by nonprofits Debate About Nonprofit Advocacy

  Advocate and Serve  Make Markets Work  Inspire Evangelist  Nurture Nonprofit Networks  Master the Art of Adaptation  Share Leadership FORCES FOR GOOD