TAKING A STAND Ballots Measure Advocacy for Nonprofits Presented by &

A national hub of voter engagement resources and trainings to help nonprofits integrate nonpartisan voter participation into ongoing activities and services. A voter participation partner of the National Association of Secretaries of State for the nonprofit sector. Visit our website for more on our mission and partners:

Alliance for Justice is a national association of over 100 organizations, representing a broad array of groups committed to progressive values and the creation of an equitable, just, and free society. AFJ is the leading expert on the legal framework for nonprofit advocacy efforts, providing definitive information, resources, and technical assistance that encourages organizations and their funding partners to fully exercise their right to be active participants in the democratic process.

TODAY’S PRESENTERS Who Nayantara Mehta Senior Counsel Alliance for Justice, West Coast Cathy Johnston Advocacy Director COHHIO

How much lobbying can we do? What is the definition of lobbying and how does it apply to ballot measures? Are there any lobbying exceptions for ballot measures? How can we ensure our ballot measure advocacy is nonpartisan? Agenda AGENDA

Federal Law –Limits lobbying (including ballot measures advocacy) at all levels of government. State law –May require disclosure of state ballot measure advocacy. Federal/ State FEDERAL AND STATE LAW

Drafting Gathering signatures for petitions Supporting / opposing ballot measure Voter registration and GOTV Activities RANGE OF ACTIVITIES

COMPARING NONPROFITS Comparing Nonprofits

Collabor- ating 501(c)(3)501(c)(4)Political Orgs Examples Alliance for Justice LCV Education Fund AFJ Action Campaign LCV Connected/SSF LCV PAC Independent Emily’s List Tax Treatment Tax-Exempt Donation Tax-Deductible Private Foundation Grants Tax-Exempt Lobbying Activities Unlimited Rare and usually taxable Electoral Activities Secondary Activity, Follow Federal and State Law Usually Sole Activity Limited Cannot Support or Oppose a Candidate for Office

HOW MUCH LOBBYING? How Much Lobbying?

What is “insubstantial”? Default test Activities-based Lobbying not defined Penalty How Much Lobbying? THE “INSUBSTANTIAL PART” TEST

Dollar-based limits One-time election – IRS Form 5768 Expenditures only Definition of lobbying Penalty less severe How Much Lobbying? THE 501(h) EXPENDITURE TEST

Calculate organization’s “exempt purpose expenditures” (Usually Annual Expenditures) Overall lobbying limit Grassroots lobbying limit is 25% of overall limit How Much Lobbying? CALCULATING A LIMIT UNDER 501(h)

How Much Lobbying? ANNUAL EXPENDITURESOVERALL LOBBYING LIMIT $500,000 or less20% $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$1,000,000

Total lobbying limits for 501(c)(3)s –making the 501(h) election –with annual expenditures of $500,000 How Much Lobbying? EXAMPLE Overall Lobbying Limit Grassroots Lobbying Limit $ 100,000 $ 25,000

WHAT IS LOBBYING? What is lobbying?

Communication The Special Legislator Rule – Members of the public are legislators. Expressing a view about specific legislation What is lobbying? DIRECT LOBBYING

Communication General Public Expressing a view about specific legislation Call to Action What is lobbying? GRASSROOTS LOBBYING

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

MUST –Full and Fair Discussion –Broadly Disseminated MAY –Express a View –Indirect Call to Action –Subsequent Grassroots Lobbying limited Exceptions NONPARTISAN ANALYSIS The Facts: Californians have a lot of important decisions to make on election day, November 8. Before you vote, be sure you get the facts. Proposition 188 is a good example. Do you know what will happen if it passes? Do you know who’s behind it? Who opposes it? Who the major contributors are on each side? You have the right to know about Proposition 188. Read your official voter handbook before you decide.

MUST –Invitation in Writing on behalf of Body or Committee –Available to all members of Body or Committee MAY –Express a View on Specific Legislation Exceptions TECHNICAL ASSISTANCE

NONPARTISAN ADVOCACY Advocacy

No support or opposition for candidates running for public office Advocacy NONPARTISAN ADVOCACY

Issue Advocacy –Advocating for organizations issues during election year Voter Education –Educating voters in a nonpartisan way about candidates Nonpartisan Activities NONPARTISAN ELECTORAL ACTIVITIES

Voter Registration –Registering historically under-represented groups Individual & Business Activities –Ensuring partisan activities are not attributed to the organization Advocacy Capacity –Increase the organization’s capacity by opening affiliated organization Nonpartisan Activities NONPARTISAN ACTIVITIES (CONT)

Contribute Provide mailing list Host a fundraising event (must inform donors that contributions are not tax deductible) Nonpartisan Activities COORDINATION

CAMPAIGN DISCLOSURE Disclosure

QUESTIONS? ??????

Factsheets and Guides available from – – Resources RESOURCES

EAST COAST Alliance for Justice 11 Dupont Circle, NW 2 nd Floor Washington, DC WEST COAST Alliance For Justice 1611 Telegraph Avenue Suite 1006 Oakland, CA Nonprofit Vote 89 South Street Suite 203 Boston, MA COHHIO 175 S. Third St. Suite 250 Columbus, Ohio 43215