Grassroots Advocacy Legal Ease:

Do’s and Don’ts for Health Centers

YES, Your Health Center CAN Lobby!

And you should.

More than 75 percent of a community health center’s budget is determined by federal, state and local government decisions. However, there are limits to what nonprofit organizations can do. First, you cannot use ANY federal funds to lobby. Second, you should keep lobbying expenses below five percent of your organization’s time and effort.

What Is Lobbying?

There are two types of lobbying and health centers should use both when appropriate. Both are critical to making an impact with your elected official.

•Direct lobbying means you are communicating directly with the official’s office and urging support or opposition to a specific piece of legislation or referendum.

•Grassroots lobbying means you are urging others to communicate with an official.

What Is Not Lobbying?

Generally speaking, communications that do not advocate the passage or defeat of legislation or similar measures are not considered to be lobbying. For example: meeting with a congressman to provide objective

and educational information about health centers, the need for

primary health care services, and other general information is

not considered to be lobbying.

Also, responding to requests from a member of Congress for

information or data is not considered to be lobbying.

YES, Your Health Center CAN Register Voters!

• Registration drives must be designed to educate

the public about the importance of voting. 

• Activities cannot be biased towards or against any

candidate or party. 

• Nonprofits may target registration and turnout

efforts to the areas or people they serve.

NO, Your Health Center CAN’T!

• Support or oppose candidates for elective office (although you personally can).

• Use federal grant dollars for lobbying or registration.

• Endorse or oppose a candidate—implicit or explicit.

• Contribute money, time or facilities to a candidate.

• Coordinate activities with a candidate.

Copyright © Feldesman Tucker Leifer Fidell LLP 2008 – www.ftlf.com

NO, Your Health Center CAN’T!

• Federal funds cannot be used for lobbying

• Private funds can be used for lobbying (within limits), but not for political campaign activity

Copyright © Feldesman Tucker Leifer Fidell LLP 2008 – www.ftlf.com

Rules to Remember

• Timing is everything

• IRS looks at “facts and circumstances” of each case

–“small” things can have huge impact

• When in doubt, get advice beforehand

Resources to Help Clarify the Legalities of Advocacy

• IRS presentation on non-profit lobbying: http://www.stayexempt.irs.gov/Mini-Courses/Political_Campaigns_and_Charities/political-campaigns-and-charities.aspx

• IRS restriction of political campaign intervention by section 501(c)(3) tax-exempt organizations: http://www.irs.gov/Charities-&-Non-Profits/Charitable-Organizations/The-Restriction-of-Political-Campaign-Intervention-by-Section-501%28c%29%283%29-Tax-Exempt-Organizations

• Q & A About Health Center Lobbying, and Advocacy Information Bulletin #8: Legislative and Political Advocacy for Health Centers, available here: http://www.saveourchcs.org/101toolkit