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Published byOwen Webster Modified over 9 years ago
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Lobbying, Advocacy and the Law for Nonprofits under section 501(c)(3) Charity Lobbying in the Public Interest (CLPI)
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Lobbying can be an effective means through which a nonprofit can achieve its mission.
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There are several common myths about the laws on lobbying by charitable nonprofits… n Lobbying is not legal n Even if lobbying is legal it will make an organization subject to audit by the IRS n There are no clear definitions of what is lobbying, and what is not lobbying
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Is lobbying legal? n YES! Lobbying by charitable nonprofits -- tax-exempt under section 501(c )(3) of the Internal Revenue Code -- is absolutely legal.
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What do I need to know to follow the IRS rules for lobbying by 501(c)(3)s? n Go to the Charity Lobbying in the Public Interest www.clpi.org or the Alliance for Justice at www. afj.org website for greater detail www.clpi.org www. afj.org www.clpi.org www. afj.org
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What are nonprofit lobbying No No’s n Nonprofit organizations can not write a check to a candidate for political office n Nonprofit organizations can not endorse a candidate for political office n Executive staff, board members, volunteers any individualwithin these organizations can write a personal check or personally endorse.
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What is Direct Lobbying? Direct Lobbying is when an organization attempts to influence specific legislation by stating its position or urges a legislator to support, oppose or otherwise take action on a bill or proposed legislation.
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What is Grassroots Lobbying? n When an organization urges the public to take action on specific legislation n Key elements of grassroots lobbying are: u Refer to specific legislation; u Reflect a point of view on its merits; u Encourage the general public to contact legislators; and u Supply the public with legislative contact information.
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Ballot Initiatives and Referenda n When a nonprofit urges the public to vote for or against a ballot initiative or referendum. n Lobbying communications for or against ballot initiatives may be conducted through the media or other means. n Lobbying for or against ballot initiatives and referenda is considered direct lobbying, not grassroots, because the public becomes the legislature.
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Not Lobbying n Response to written requests from a legislative body for technical advice on pending legislation, even if the organization takes a position on the legislation. u E.g., a request to provide testimony at a hearing. u Cannot be a request from an individual legislator.
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Not Lobbying n Discussion of broad social, economic and similar policy issues whose resolution would require legislation. u Even if specific legislation on the matter is pending. u So long as the discussion does not address the merits of specific legislation.
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Ballot Measures can be supported by Nonprofits-May 19th Proposition 1A: State Finance Sales Tax, VLF & Other Tax Proposition 1D: Budget Act of 2008 Ca. Children and Families Act: Use of Funds: Services for Children Proposition 1E: The Mental Health Services Act: Prop. 63 Amendments
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