e-Newsletter: Connect to Solutions

Advocacy and Lobbying for Nonprofit Impact

by Susan Griffin

As the election season approaches, nonprofits are often stumped by what they can and cannot say and do to strengthen support for their programs. With increasing reductions in public and private support, it is more critical than ever to speak up for your cause so that potential supporters understand your mission and your effectiveness.

Advocacy

Advocacy means to speak up, to plead the case of another, or to fight for a cause. Included in advocacy are a wide range of expressions, actions and activities intended to influence outcomes that directly affect the consumers served by the organization. Advocacy is not the same as lobbying. 

Why should nonprofits advocate?

• Effective advocacy builds the capacity, effectiveness and impact of an organization.
  
• It enables nonprofits to achieve their missions with systemic, lasting reforms.
  
• Advocacy helps organizations achieve the greatest good for the greatest number of the people and communities that they serve.

How can nonprofit staff, volunteers and board members be involved in advocacy work? 

• Provide educational programs on topics related to the mission through direct mail, publications, group presentations, and website information.
  
• Use the media (both traditional and social media networks) to reach the public and promote an issue. Media outlets include newspaper coverage, TV, radio, feature articles, editorials, letters to the editor, news releases, press conferences, Twitter, blogging, Facebook, and LinkedIn.

Advocacy can also take a legal form through initiation of lawsuits to protect or create rights, improve services, or raise public consciousness about an issue. The advantage of legal advocacy is that courts are open and complainants (those who make a complaint in a legal action) must be heard if the complaint is presented in the proper terms.

When the target for change is a federal, state or local law, school board policy, or budget allocation, nonprofit organizations may try to influence legislation by legislative monitoring, committee testifying, lobbying, writing position papers, organizing networks and coalitions, and a variety of other activities.

Lobbying

Lobbying always involves advocacy, though advocacy does not always involve lobbying. Lobbying is generally more focused on attempts to influence legislation at the local, state or federal level. If part of your time is spent to promote, advocate, or attempt to oppose, modify, defeat or veto any legislation by direct communication, you are considered a lobbyist. If you have direct contact at least three times in a calendar year for the purpose of influencing legislation, you should register as a legislative agent (lobbyist). You only need to register once, but there are different forms depending on who you are lobbying. See the OANO (Ohio Association of Nonprofit Organizations) website at www.oano.org for more information.

What are the rules for nonprofit lobbying?

According to the Regional Nonprofit Alliance, Ohio University, Voinovich School of Leadership and Public Affairs the following rules apply to nonprofit lobbying.

1. Organizations operating under 501(c)3 nonprofit status are not allowed to devote more than an ‘insubstantial’ portion of their resources to lobbying. Although a definition of insubstantial is not provided in the law, an organization that devotes no more than 5% of its total efforts to lobbying is likely well within legal limits.
   
   
2. Further, the definition of lobbying in this law is very specific. It refers only to support of or opposition to or a call to action on specific legislation. It does not include general advocacy on public issues or public policy, advocacy on regulations, appearances before regulatory agencies or other non-legislative bodies, or even nonpartisan analysis of legislation.  In general, efforts to educate the public or legislators about a particular topic or piece of legislation are not considered lobbying.
   
   
3. Keep in mind – nonprofits should never publically endorse political candidates or donate money to a political campaign. This is an entirely different issue from lobbying, and no amount of this sort of political activity is acceptable. Nonprofits can be involved with encouraging people to vote or preventing barriers to voting, but should be careful to follow the rules related to these activities. For detailed information on what is legal, visit the Center for Lobbying in the Public Interest website.
    
    
4. There are also options available for nonprofits interested in devoting more of their time to lobbying, including taking a 501(h) election or establishing a separate 501(c)4 tax-exempt organization.
    

If you are considering lobbying, but are not sure it is worth the time and effort, OANO lists the following ten reasons to lobby for your cause. 

1. You can make a difference.
2. People working together can make a difference.
3. People can change laws.
4. Lobbying is a democratic tradition.
5. Lobbying helps find real solutions.
6. Lobbying is easy.
7. Policymakers need your expertise.
8. Lobbying helps people.
9. The views of local nonprofits are important.
10. Lobbying advances your cause and builds public trust.
    

For organizations wary of lobbying, there are activities related to public policy and legislative issues that are not considered lobbying and so are permitted without limitations. These include:

• Contacts with executive branch employees or legislators in support of or opposition to proposed regulations are not considered lobbying.
  
• Lobbying by volunteers is considered a lobbying expenditure only to the extent that the charity incurs expenses associated with the volunteers' lobbying.
  
• A charity's communications to its members on legislation--even if it takes a position on the legislation--is not lobbying so long as the charity does not directly encourage its members or others to lobby.
  
• A charity's response to written requests from a legislative body (not just a single legislator) for technical advice on pending legislation is not considered lobbying.
  
• So-called self-defense activity--that is, lobbying legislators (but not the general public) on matters that may affect the organization's own existence, powers, tax exempt status, and similar matters would not be lobbying.
  
• Making available the results of "nonpartisan analysis, study or research" on a legislative issue that presents a sufficiently full and fair exposition of the pertinent facts to enable the audience to form an independent opinion, would not be considered lobbying.
  
• A charity's discussion of broad social, economic and similar policy issues whose resolution would require legislation--even if specific legislation on the matter is pending--is not considered lobbying so long as the discussion does not address the merits of specific legislation.
  
• It's not grassroots lobbying if a charity urges the public, through the media or other means, to vote for or against a ballot initiative or referendum.

Effective nonprofit advocacy is primarily about communication and relationships. As change happens slowly, advocates need to exercise persuasiveness, persistence and patience in representing an issue. Effective advocates are flexible and resourceful, willing to compromise, negotiate, collaborate, and prioritize to accomplish their goals.

Contact Elaine Woloshyn at (330) 762-9670 or woloshyn@cfnpe.org to explore how CNE can help your nonprofit incorporate advocacy and lobbying strategies into its work.


Sources & Resources

"Ten Reasons to Lobby for Your Cause." OANO - Ohio Association of NonProfit Organizations. Web. 31 Aug. 2010. <http://www.oano.org/231-topten.htm>.

"OANO Nonprofit Lobbying Center." OANO - Ohio Association of NonProfit Organizations. Web. 31 Aug. 2010. <http://www.oano.org/23-lobby.htm>.

"Public Policy Related Activities That Are NOT Lobbying." OANO - Ohio Association of NonProfit Organizations. Web. 31 Aug. 2010. <http://www.askjacq.com/oano/LOB02.htm>.

"Election Activities." CLPI. Center for Lobbying in the Public Interest. Web. 25 Aug. 2010. <http://clpi.org/the-law/election-activities>.

"Minnesota Council of Nonprofits: Public Policy Events." MCN. Minnesota Council of Nonprofits. Web. 25 Aug. 2010. <http://www.mncn.org/event_policy.htm>.

NP Action - Nonprofit Action. Web. 25 Aug. 2010. <http://www.npaction.org/>.

Regional Nonprofit Alliance. Ohio University - Voinovich School of Leadership and Public Affairs. Web. 25 Aug. 2010. <http://www.ournonprofitalliance.org/>.

Smucker, Bob. "The Nonprofit Lobbying Guide : Second Edition." Independent Sector. Independent Sector. Web. 25 Aug. 2010. <http://www.independentsector.org/lobby_guide>.

United States. Internal Revenue Service. Lobbying Issues. Web. 25 Aug. 2010. <http://www.irs.gov/pub/irs-tege/eotopicp97.pdf>.