Be An Advocate

Lobbying

     Lobbying Guidelines

     Lobbying Limitations for Tax-Exempt Charitable Organizations

     Members Can Speak Out

     Grassroots Lobbying

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Lobbying Guidelines
Lobbying is defined as attempting to influence the passage or defeat of legislation or administrative rules and regulations. It is the “art of persuading government policy makers to take a desired action” (Nelson, p. 1). It is done by a wide variety of organizations and individuals at the local, state, and federal levels. Lobbying is not a bad thing, although it has at times been given an unsavory image in the general public’s mind.

Lobbying performs a valuable function in the legislative process. There are too many bills for each legislator to follow all of them and to be aware of the implications and potential impact of each. Literally thousands of bills are introduced into state legislatures and Congress each year. Lobbying assists legislators in understanding and acting or not acting on many bills. Contrary to the perception of many people, lobbying – effective lobbying – is not for experts only. Lobbying can be easy as well as stimulating and fun. All you need to be an effective lobbyist are five things:

1. Believe in your cause. All causes are good causes. You must convince your legislator(s) that your cause is special. If you have conviction, dedication to the cause, loyalty to the organization, and determination to see the job through no matter how long it takes, then you will be an effective lobbyist. It is better to say “no” than to agree to lobby for something when your heart is not in it.
    
2. Be prepared. Know your facts. Do your homework. What is the substance of the legislation you are proposing or opposing? Why is it so important? What will happen if it passes or does not pass? How much will it cost?
    
3. Use common sense. Whether lobbying face-to-face, by letter, phone, fax, or e-mail, an effective lobbyist will be brief; be prepared; be clear; be honest; be truthful; be accurate; be persuasive; be timely; be persistent; and be grateful. Talk with the sponsor and/or the sponsor’s aide regarding ways they believe you can help with passage of the bill.
    
4. Understand your opposition. Who they are, what their position is and why. Do not underestimate their commitment to work as hard or harder than you. Try to work through the problems. Do not threaten – be reasonable. Know that you can concede and still have a workable bill. When there are many opponents, deal with them one at a time according to their strength and importance. You may not have to overcome all opposition, just the strongest. It is a matter of bargaining.
    
5. Do not waste energy and resources against a bill that is not going anywhere anyway! For example, a lot of bills are doomed …

• If it is late in the session and there has been no hearing, or
   
• If the leadership is angry with the sponsor, or
   
• If the bill is sponsored by a member of the minority party in an election year, or
   
• If crucial legislation is demanding the committee’s time, or
   
• If the committee chairperson is not in favor of the bill. Find out from the leadership, the committee chairperson, and/or the sponsor what is happening to the bill before you organize your forces and waste time and talent.

As you begin to think about lobbying for your cause, remember that all legislation results from the gentle art of compromise. It is important to think in advance about what can be conceded or compromised in the legislative process and what are the “bottom line” issues which you cannot compromise. Determining what these bottom line issues are and how they can be articulated and honored throughout the legislative process is a critical part of the advocacy process. Sometimes it may be better to retreat and return another time with a new initiative or a new way to address the same issue.

Lobbying Limitations For Tax Exempt Charitable Organizations
Tax exempt charitable organizations are limited by federal, and sometimes state, law in the amount of organizational time and resources that can be devoted to “lobbying.” No substantial part of the organization’s activities can consist of “carrying on propaganda or otherwise attempting to influence legislation”. Some 501(c)(3) exempt organizations have elected to be under specific monetary ceilings spelled out in federal law. Most exempt organizations have not made this election and are, therefore, subject to the vagaries of case law. The rule of thumb for such organizations is to devote no more than 5% of their activities to lobbying.

“Lobbying” can have many different meanings depending upon the law being applied. Federal tax exemption law does not consider the following activities to be lobbying: making available results of non partisan analysis, study, or research; giving technical advice or assistance to a legislative body upon written request; communicating with any legislative body concerning any possible decision that might affect the existence of the organizations, its powers and duties, tax exempt status, or the deduction of contributions to the organization (self defense lobbying); communicating with the organization’s members concerning legislation of direct interest to the organization; examining and discussing broad issues having legislative implications as long as the merits of specific bills are not addressed; advocating social or civic changes and presenting opinion on controversial issues with the intention of molding public opinion as long as the organization promoting the change is not categorized by the IRS as an “action organization” (That is an organization in which a substantial part of the activity is attempting to influence legislation.)

Members Can Speak Out
Restrictions on the organization’s activities do not apply to the independent activities of individual members. The organization must be careful how it uses its staff time, communications and monetary resources. Members have a first amendment right of free speech and can express their opinions to whomever they choose whenever they choose.

Grassroots Lobbying
Ballot issue campaigns directed at influencing the outcome of initiative, referendum or constitutional amendments present a different challenge as efforts to affect the opinion of the general public. Such efforts are considered “grassroots lobbying” and are subject to more restrictive monetary ceilings. If your organization is considering a contribution of money or “in kind” services to an issue campaign, the organization should consult counsel to determine how such contributions can be made and in what amount without jeopardizing the exempt status of the organization.
 

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