Most 501(c)(3) nonprofits shy away from lobbying and advocacy efforts that could result in government funding and important legislation that would benefit their clients. But according to the American Bar Association (ABA): “Getting involved in the legislative process and having a say in policy discussions is not just an appropriate role for nonprofits; it is vital
. If nonprofits are not speaking on behalf of their often-vulnerable communities, chances are nobody else is either.
Understanding Lobbying
Lobbying is defined as an attempt to persuade members of a legislative body to propose, support, oppose, amend, or repeal legislation. Nonprofits are often nervous about lobbying because the IRS provides such vague guidelines. According to the legal site nolo.com , “ a nonprofit will qualify for tax-exempt status as long as no “substantial part” of its overall activities relates to influencing legislation or carrying on propaganda. Unfortunately, this has never been clearly defined.”
A few IRS test cases have indicated that devoting less than 5% of an organization’s efforts to lobbying is acceptable, but devoting more than 15-20% is not. While these figures are useful, they have no official sanction from the IRS. What may be more helpful, is to realize that the vast majority of nonprofits devote less than 2% of their budgets to lobbying . If this is the case with your organization, there may be room for more activity in this area.
Understanding Advocacy
The ABA points out that, “Lobbying is just one form of advocacy that an organization may engage in to achieve its particular goals and serve its constituencies. Other forms of advocacy include educating policymakers and the public about broad social issues, encouraging people to register to vote, organizing communities, educating voters about candidate positions, litigating, and many other activities.”
Where to Turn for Guidance
In Maryland, where I live, our state association of nonprofit organizations (Maryland Nonprofits) offers a day-long legislative preview before each General Assembly session — to familiarize nonprofits with upcoming issues and key figures in each debate. They also offer free information about advocacy, and paid consultants who can help nonprofits navigate these issues. Most other state nonprofit associations offer similar resources.
The National Council of Nonprofits has free “Everyday Advocacy” resources to help train your staff and board members to be more pro-active advocates for your organization’s mission. (You’ll find the link in the Resources section below.)
Another great resource is Stand for Your Mission, which educates nonprofits about how to create positive change through Board of Directors advocacy (see the Resource section for their link).
If You Aren’t Part of the Legislative Discussion – You’re Missing Out
Regardless of your organization’s mission, there are likely to be legislative and funding decisions being made by elected officials that affect your constituents. Be part of the conversation, advocate for your organization and your clients at the local, state, and federal levels.
RESOURCES
American Bar Association: http://apps.americanbar.org/buslaw/blt/2009-03-04/mehta.shtml
NOLO: http://www.nolo.com/legal-encyclopedia/how-much-lobbying-can-nonprofit-do.html
Council for Nonprofits: https://www.councilofnonprofits.org/everyday-advocacy
Stand for Your Mission: http://standforyourmission.org