1. Legal Tips for Nonprofit Advocates
Lobbying & Advocacy 101:
Legal Tips for Nonprofit Advocates
Natalie Ossenfort, Director, Texas Office 1

2. AGENDA 1. Comparison of Nonprofit Types and 1. 1. Basic Advocacy Rules
2. What is Advocacy?
3. Knowing your Limits
4. Lobbying Definitions
5. Other Practical Bolder Advocacy Tools
AGENDA 2

3. 501(c)(3) Public Charities cannot support or oppose a candidate
501(c)(4)s - 501(c)(5)s
- 501(c)(6)s
501(c)(3) Public Charities
Examples
contributions
tax-deductible
tax-exempt
Tax Treatment
tax-exempt
limited
-insubstantial part
or 501(h)
Lobbying Activities
unlimited
secondary activity
follow federal and
state election law
cannot support or oppose a candidate
for office
Electoral Activities

4. AVENUES OF ADVOCACY Public Education Nonpartisan Voter Ed. Organizing
Influencing Corporations
PARTISAN POLITICAL
Lobbying Exceptions
Educating Legislators
Regulatory Efforts
Educational Conferences
LOBBYING
Get to Know Legislators
Litigation
Research
Training
AVENUES OF ADVOCACY 4

5. WHY ADVOCACY?

6. What can I do? What should I do?

7. INSUBSTANTIAL PART TEST
Default test
What is “insubstantial”?
Lobbying not defined
Activities-based
Penalty or
501(H) EXPENDITURE TEST
Dollar-based limits
One-time election – IRS Form 5768
Expenditures only
Definition of lobbying
Penalty less severe

8. 1. Calculate organization’s annual expenditures.
2. Overall lobbying limit:
ANNUAL EXPENDITURES
OVERALL LOBBYING LIMIT
$500,000 or less
20%
$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
3. Grassroots lobbying limit is 25% of overall limit.

9. Education & Non-Lobbying Advocacy
Grassroots
Direct
TOTAL LOBBYING LIMITS for 501(c)(3)s making the 501(h) election with annual expenditures of $250,000
$50,000
Overall Lobbying Limit
Grassroots Lobbying Limit
$12,500 9 9

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

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

12. expresses a view about specific legislation
DIRECT
communication
legislator
expresses a view about specific legislation
GRASSROOTS
general public
call to action 12

13. City Council, County Board of Supervisors
DIRECT
communication
legislator
expresses a view about specific legislation
GRASSROOTS
general public
call to action
Federal
Members of Congress
State
State Legislature
Local
City Council, County Board of Supervisors 13

14. expresses a view about specific legislation
DIRECT
communication
legislator
expresses a view about specific legislation
GRASSROOTS
general public
call to action
Who is a legislator?
President, governor, mayor, or other executive official who participates in the formulation of legislation. 14

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

16. NOT LEGISLATORS school boards zoning boards housing authorities
sewer and water districts
other “special purpose bodies”
NOT LEGISLATORS

17. DIRECT
communication
legislator
expresses a view about specific legislation
GRASSROOTS
general public
call to action

18. DIRECT
communication
legislator
expresses a view about specific legislation
GRASSROOTS
general public
call to action

19. The August recess isn’t meant for playtime!
SPECIFIC LEGISLATION
The August recess isn’t meant for playtime!
Ask Congress to include crucial civil rights priorities
in the Elementary and Secondary Education Act.
ISSUE: ESEA Reauthorization

20. NOT SPECIFIC LEGISLATION
Ensure equal opportunity in education for all children.
Support civil rights protections
for underserved students.
ISSUE: Civil Rights Protections in Schools

21. NOT SPECIFIC LEGISLATION
Regulations
Executive Orders
Enforcement of Existing Law
Litigation
NOT SPECIFIC LEGISLATION 21

22. CALL TO ACTION DIRECT communication legislator
expresses a view about specific legislation
GRASSROOTS
general public
call to action
CALL TO
ACTION 22

23. DIRECT
communication
legislator
expresses a view about specific legislation
GRASSROOTS
general public
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)

24. NOT LOBBYING NOT calls to action: “Learn more!” “Take action!”
DIRECT
communication
legislator
expresses a view about specific legislation
GRASSROOTS
general public
call to action
NOT calls to action:
“Learn more!”
“Take action!”
“Support our efforts!”
“Get involved!”
NOT LOBBYING 24

25. 25

29. LOBBYING EXCEPTIONS nonpartisan analysis, study, or research
request for technical assistance
self-defense
examinations and discussions of broad social, economic, and similar problems
LOBBYING EXCEPTIONS 29

30. LOBBYING LIMITS V. DISCLOSURE
limit lobbying at all levels of government
disclose state / local lobbying
disclose federal lobbying
LOBBYING LIMITS V. DISCLOSURE 30

32. advocacy@afj.org www.bolderadvocacy.org @AFJBeBold | @NatalieAFJ
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