Chapter 14: Advocacy and LobbyingChapter 14: Advocacy and Lobbying

Stage 1: Inattention to the problem Stage 2: Discovery of the problem Stage 3: Climbing the agenda Stage 4: Outlining the choices Stage 5: Choosing courses of action Stage 6: Launching initial interventions Stage 7: Reassessing and redirecting efforts Stage 8: Achieving success, failure, or neglect

Stages in the Life Cycle of a Social Change Issue (Andreasen,

2006)

Advocacy -- action taken to support a general

cause Lobbying -- action taken to support or oppose

specific legislation Political campaign activity -- action taken in

support of or opposition to specific candidates for office

Terminology

Less than two percent of nonprofit organizations

engage in lobbying Larger, national organizations Organizations in fields that are significantly regulated

Reasons for ambivalence Belief that lobbying is irrelevant to the mission Belief that lobbying is inappropriate Inadequate staff or resources Concern about alienating current or potential funders Lack of clarity about the law

Nonprofit Ambivalence about Lobbying

501(c)(4) -- can engage in lobbying essentially

without restriction 501(c)(3) -- limited in lobbying activity and

prohibited from political campaign activity Tax deductibility of gifts as public subsidies Private foundations versus public charities

Sections 4911 and 501 of the Internal Revenue Code Substantial part test 501(h) expenditure test

Other laws related to lobbying practice Lobbying Disclosure Act Gift rule

Overview of Lobbying Law for Nonprofits

Charitable nonprofits are prohibited from

engaging in campaigns and from endorsing candidates, either implicitly or explicitly Coordinating their activities with those of a

candidate or a campaign Contributing money or time to work for a

candidate Contributing the use of their facilities for a

candidate or campaign

Political Campaign Activity

Applies to business corporations and nonprofits

exempt under Section 501(c)(4), 501(c)(5), and 501(c)(6)

Constants Cannot make monetary or in-kind contributions

directly to candidates for federal office Cannot coordinate their communication with

candidates’ campaigns Key change

Can make independent expenditures from their general treasury to expressly support or oppose candidates for federal office

Citizens United v. FEC (2010)

Determine the reason for lobbying and how it

advances the nonprofit’s mission Understand the legislative process Identify the sources of funds Undertake research

Develop an understanding of relevant public policy issues

Obtain data needed to make the case with legislators Develop an infrastructure to support the lobbying

program Inventory existing relationships and identify decision

makers Use a strategic mix of tactics

Best Practices for Advocacy and Lobbying

Push for increased involvement by nonprofits in

electoral politics Virtuous cycle between advocacy and program

delivery (Crutchfield and Grant, 2008) Efforts to obtain legislative action but ignore political

realities are naïve (Hessenius, 2007) Reasons for concern

Potential for unethical use of nonprofit organizations Jack Abramoff and the Capital Athletic Foundation

Unwillingness of taxpayers to subsidize partisan political activities by nonprofits

Debate About Nonprofit Advocacy

Advocate and Serve Make Markets Work Inspire Evangelist Nurture Nonprofit Networks Master the Art of Adaptation Share Leadership

FORCES FOR GOOD