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Providing Effective Serviceby Promoting Social Change

through Advocacy & Lobbyingby

Kau Vue

California State University,Fresno

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ADVOCACY

THE ACT OF SUPPORTING AN ISSUE OR PROPOSAL

AN ORGANIZED ACTION OR EFFORT USING DEMOCRATIC TOOLS TO CREATE A MORE JUST SOCIETY

RAISING YOUR VOICE TO CREATE POSITIVE SOCIAL CHANGE

Educational conferencesLobbyingRallies

OrganizingWorkshops/TrainingsResearch

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What is lobbying?

Direct Lobbying:communication made to either a legislator, an employee of a legislative body; or any other government

employee who may participate in the formulation of the legislation with the principal purpose being to

influence legislation and refers to a specific piece of legislation and expresses a view on that legislation(Harmon et al. 2000)

Grassroots Lobbying:communication attempting to influence specific legislation by encouraging the public to contact

legislators about the specific legislation by referring to specific legislation; reflecting a view on that

specific legislation; and encouraging the recipient of the communication to take lobbying action (Harmon

et al. 2000)

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CAN NONPROFITS/CBOs LOBBY?

YES!They CAN and they SHOULD!

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Why should Community

Benefit Organizations lobby?

Social Service vs. Social Change

Breaking the Iron Triangle

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Social Service vs. Social Change

Short Term vs. Long Term

Complement social services with advocacy

Highly Effective CBOs

(www.forcesforgood.net)

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Why should Community

Benefit Organizations lobby?

Social Service vs. Social Change

Breaking the Iron Triangle

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IRON TRIANGLE

LEGISLATOR

INTEREST GROUP GOVERNMENT

AGENCY

Favorable Regulations

Congressional Support

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IRS Lobbying Disclosure Laws

H Election Form

Substantial Part Test

Expenditures Test

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Form 5768 (H Election Form)

Optional

Can revoke at any time

Churches and Foundations cannot elect

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IRS Lobbying Disclosure Laws

H Election Form

Substantial Part Test

Expenditures Test

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Substantial Part Test

Default test

5% of budget

(12% recommended)

Penalty Tax

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IRS Lobbying Disclosure Laws

Form 5768 (H Election Form)

Substantial Part Test

Expenditures Test

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Expenditures Test Formula for specific amount

Cannot exceed $1 million total

25% Grassroots lobbying limit

20% of first $500,000+15% of next $500,000+10% of third $500,000+ 5% of remaining

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$ 624,800

20% of $500,000 = $100,000 15% of $124,800 = $ 18,720

$ 118,720

25% of $118,720 = $ 29,680

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Exceeding the Lobbying Limit

Will a CBO automatically lose its 501c3 tax

exempt status?

Excise Tax

Roaming Average

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Excise Tax

Penalty for exceeding the lobbying limit

Substantial: 5% tax & loss of tax-exempt

Expenditures: 25% tax on excess

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$ 118,720 $ 135,200

25% of $ 16,480 = $ 4,120

$ 16,480

Limit Actual Expenditures

Excess

Excise Tax

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Exceeding the Lobbying Limit

Will a nonprofit automatically lose its tax

exempt status?

Excise Tax

Roaming Average

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Roaming Average

Determines loss of tax exempt status

Makes all income subject to tax

Used to correct for excess

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Year BudgetLobbying

Limit

Actual

Expenditures2 $ 700,000 $ 130,000 $ 170,000

3 $ 600,000 $ 115,000 $ 110,000

4 $ 650,000 $ 122,500 $ 120,000

5 $ 624,000 $ 118,720 $ 135,200

$ 486,220 x 150% = $ 729,330 $ 535,200>

?

$4,120

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Direct Lobbying

Communication with a legislator expressing

a position on a

specific piece of legislation

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GRASSROOTS Lobbying

Communication with the general public

expressing position on a specific piece oflegislation and asking for a call to action

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A B

Contact your legislator andshare your support of AB 235.

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An Effective Lobbyist:

Prepared

Gives timely and accurate information

Responds in a timely manner

Knows the vote even before it goes on the

floor

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Lobbying Tips

Never think the staffer is smarter than you.

Constituents & stories are very important.

Do not be confrontational.

Always send a thank you note.

Following up is a MUST for accountability.

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LOBBYING ACTIVITY

PROTOCOL Confirm meetings head of time.

Be early or on time.

Always call ahead if theres any possibility of being late.

Turn cell phones off or dont bring them at all.

Do not lie or misrepresent the facts.

Stay on message.

State positions clearly and directly.

Keep it short.

Be prepared when things dont go according to plan