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Lobbying Series Part 1 - Introduction to Lobbying

Rules of the Game: The Bolder Advocacy Podcast

Release Date: 01/13/2021

2026 Resolutions show art 2026 Resolutions

Rules of the Game: The Bolder Advocacy Podcast

Happy 2026! As policy shifts and new advocacy opportunities emerge, the Bolder Advocacy team is here to guide nonprofits so they can continue to advocate boldly while remaining compliant and effective. We’re kicking off the year with our Top 10 nonprofit New Year’s resolutions to help your organization thrive.     Attorneys for This Episode  Monika Graham  Victor Rivera Labiosa  Natalie Roetzel Ossenfort    Top 10 2026 Resolutions:   1. Deepen Mission Alignment  Clarity fuels momentum. Revisit your...

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Celebrating Advocacy Wins show art Celebrating Advocacy Wins

Rules of the Game: The Bolder Advocacy Podcast

It’s been a long year, and while progressive movements have faced real setbacks, that’s not the whole story. Across the country, nonprofits and the communities they serve pushed for justice and secured meaningful victories worth lifting up. On this episode, we celebrate several advocacy wins from 2025.   Attorneys for this episode:   Maggie Ellinger-Locke, she/her Susan Finkle Sourlis, she/her Melissa Marichal Zayas, she/her   Link:   Show Notes:   ·      Economic Justice   o      In May, Washington became...

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Nonprofits Under Siege: Don’t Panic, Prepare! show art Nonprofits Under Siege: Don’t Panic, Prepare!

Rules of the Game: The Bolder Advocacy Podcast

In recent months, the threats facing nonprofit organizations have continued to develop at a furious pace. In the face of challenges like funding reductions and congressional investigations, nonprofits are taking the time to shore up their defenses and prepare for what’s to come. On this episode, we’ll discuss several recent events that have the sector talking so that your nonprofit can take the steps necessary to ensure your continued ability to boldly advocate on behalf of your communities.   Attorneys for this episode ·      Brittany Hacker Leonard ...

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Giving Thanks show art Giving Thanks

Rules of the Game: The Bolder Advocacy Podcast

On this episode, we gather around the virtual table and share three success stories for nonprofit advocacy that may help to put a smile on your face and give you something positive to reflect on, in a year that could use a lot more of that.   Attorneys for this episode ·      Tim Mooney ·      Quyen Tu ·      Sarah Efthymiou   Shownotes UNIDOS MN Action and the power of advocacy ·      Driver’s licenses for undocumented people revoked in MN 2003 ...

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Election Season Prep show art Election Season Prep

Rules of the Game: The Bolder Advocacy Podcast

Whether it be local elections or picking a new president, election season seems to always be lurking around the corner, so on today’s episode we’re unpacking what it means for 501(c)(3)s to remain nonpartisan and how these nonprofits can safely engage in several different types of advocacy during election season.    Attorneys for this episode  Monika Graham  Melissa Marichal Zayas  Sarah Efthymiou    Remaining Nonpartisan:  The rule is clear: 501(c)(3) organizations cannot engage in any activity or make statements that suggest...

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Ask Us Anything show art Ask Us Anything

Rules of the Game: The Bolder Advocacy Podcast

  As we head into the final stretch of 2025, we’re back on the mic to tackle some of the most common questions we hear about accountability advocacy. Whether your organization is calling out broken promises, uplifting community voices, or demanding action from those in power, this episode is all about giving nonprofit organizations the clarity, confidence, and tools to hold public officials accountable boldly and legally.    Attorneys for this episode  Natalie Ossenfort  Monika Graham  Victor Rivera    Shownotes Can 501(c)(3)...

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SCOTUS Term Preview and Advocacy for 501(c)(3)s show art SCOTUS Term Preview and Advocacy for 501(c)(3)s

Rules of the Game: The Bolder Advocacy Podcast

It's fall, it’s October and the US Supreme Court is back in session. On today’s episode, we have a special guest from the AFJ Justice team. We are joined by our colleague Jamal Lockings. With Jamall we will cover the big cases to be heard by the court. Then we will talk about how nonprofits can get involved with supreme court advocacy, nominees, and more while staying nonpartisan and being mindful of lobbying limits.    Attorneys for this Episode  Brittany Hacker  Susan Finkle Sourlis  Jamaal Lockings     Intro to Justice...

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Back to Basics: Comparing Tax-Exempt Organizations show art Back to Basics: Comparing Tax-Exempt Organizations

Rules of the Game: The Bolder Advocacy Podcast

With school back in session and fall in the air, it’s the perfect time to get back to basics on the Rules of the Game podcast. On today’s episode, we’ll review how the advocacy rules differ across the various types of tax-exempt organizations, including 501(c)(3)s, 501(c)(4)s, and PACs. Whether you’re a seasoned advocate or just starting out, understanding these fundamentals is crucial for crafting bold advocacy plans that maximize your capacity and comply with the appropriate rules. Join us for a quick refresher!   Attorneys for this Episode Melissa Marichal Zayas Natalie...

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Ballot Measures and California Redistricting show art Ballot Measures and California Redistricting

Rules of the Game: The Bolder Advocacy Podcast

Ballot measures give voters a chance to participate in direct democracy while providing nonprofit organizations with a powerful platform to educate the public about issues they champion. In this episode, we discuss California's pending redistricting ballot measure and other developments in direct democracy with returning guest Emma Olson Sharkey. Attorneys for this Episode • Tim Mooney • Susan Finkel Sourlis • The Importance of Ballot Measures ·       Ballot measures give voters direct power to shape laws and policies, bypassing legislatures. ...

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State Advocacy show art State Advocacy

Rules of the Game: The Bolder Advocacy Podcast

In today's episode, we’re focusing on the topic of state advocacy, specifically exploring the vital role that nonprofits play in shaping policy and driving change at the state level, and how that role is increasingly coming under attack. We will discuss some of the landscape nonprofits are currently facing at the state level and provide actionable tips for organizations looking to amplify their impact. And we’ll be sharing information about exciting new state resources that are in progress at Bolder Advocacy! Attorneys for this Episode Brittany Hacker Maggie Ellinger-Locke Sarah Efthymiou...

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More Episodes

On this episode, we begin a multi-part series on lobbying for 501(c)(3) public charities — the limits, the definitions, the exceptions and much more. If you're advocating on federal, state or local public policy in 2021, this is the podcast you've been looking for. 

Our Attorneys

Tim Mooney
Natalie Ossenfort
Quyen Tu

Intro Why are we talking about public charities and lobbying? 

  • It's still worth a listen for 501(c)(4)s, private foundations, and others. 
  • Underscore that not all advocacy is lobbying (which is why we'll spend several episodes on defining lobbying) 
  • Lobbying limits as a function of tax treatment and deductibility of contributions to 501(c)(3) 
  • Is this a 1st Amendment issue of speech being curtailed? Not according to the Supreme Court of the United States 

 

The Insubstantial Part Test 

  • This is the default measurement system for 501(c)(3)s 
  • Very little IRS or legal guidance on this 
  • No substantial part of a public charity's activities can be lobbying 
  • No definition of lobbying 
  • No definition of substantial 
  • All activity is counted, whether it costs money or is done by volunteers 
  • Most practitioners go with 5% but that is not an IRS rule! 
  • Report lobbying on Schedule C of Form 990 

 

501(h) Election 

  • In the 1970s Congress passed reform legislation that included another choice for most charities 
  • 501(c)(3)s must "elect" this option 
  • Available to most charities, but not churches or auxiliaries (controlled by) of churches also referred to as houses of worship 
  • This is an expenditure-based test 
  • Clear limits based on organizations exempt expenditure 
  • For most 501(c)(3)s that's 20% of their annual exempt expenditures but this limit does go down as the organization’s exempt expenditures go up 
  • Max cap is $1 million for organizations with exempt expenditures $17 million or more 
  • Clear, bright-line definitions of lobbying 

 

What Are the Advantages 501(h)? 

  • Clarity of what is lobbying 
  • Organizations ca pay excise taxes for going over limits rather than risk losing their tax status 
  • Easier to plan for lobbying activities 
  • Easier to report 
  • No additional risk of audit (perhaps less?) 
  • Example: AFJ and many other 501(c)(3) public charities 

 

What Are the Advantage of the Insubstantial Part Test (IPT)? 

  • Vanishingly small 
  • Very large organizations with budgets $100 million or more maybe able to lobby more with IPT than under the 501(h) election despite the IPT’s lack of clarity 
  • These organizations can afford to hire lawyers! 
  • Example: The Nature Conservancy 

 

Bolder Advocacy strongly recommends that public charities make the 501(h) election 

How do you know if your organization has made 501h? Look at your Form 990 Schedule C. 

How do you make the 501(h) election? File IRS Form 5768v 

  • Backdates to the beginning of the organization's tax year 
  • You only have to make this election once 

 

Resources