Lobbying Series Part 1 - Introduction to Lobbying
Rules of the Game: The Bolder Advocacy Podcast
Release Date: 01/13/2021
Rules of the Game: The Bolder Advocacy Podcast
When nonprofits speak out on issues in the public square, the line between education and electioneering can get blurry – especially during election season. On this episode of Rules of the Game, we break down what the law allows when organizations comment on statements made by candidates and campaigns, and how those rules shift when addressing the actions of incumbents who may also be on the ballot. From issue advocacy to the risk of impermissible political intervention, we walk through practical scenarios and key guardrails to help your nonprofit stay compliant while engaging in advocacy to...
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Primaries are taking place or may have already occurred where you are. More elections will take place from now until November so we thought it’s a good time to talk about candidate appearances. We’ll explain how (c)(3)s can stay nonpartisan while helping to educate voters and candidates by hosting candidates. (c)(4)s, you can of course do everything (c)(3)s can do and much more! Attorneys for this episode Quyen Tu Victor Rivera Brittany Hacker Leonard Shownotes Why is this important? C3s are a trusted source of...
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With direct democracy becoming more important than ever in this political climate, we thought it was a good time to revisit ballot measures. From local park bonds to important state constitutional amendments, ballot measures have become important tools for policymaking, and nonprofits often play a huge role in supporting and opposing them. On this episode we do a deep dive on the details and how you can get involved. Attorneys for this episode Susan Finkle Sourlis Tim Mooney Natalie Ossenfort Shownotes What Are Ballot Measures, and Why...
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On this episode of Rules of the Game, we dive into some of the most common – and pressing – questions we hear on our free nonprofit advocacy technical assistance hotline. From whether foundation funding can support voter registration efforts, to what nonprofits should know when attending rallies and advocating around local law enforcement cooperation with ICE, we break down the rules and offer practical guidance you can use to enhance your organization’s advocacy and community participation in elections and other public policy activities. We’ll discuss real world...
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Legislative season is underway, and we’re seeing a wave of proposals that could significantly reshape the operating environment for nonprofits and advocacy organizations. We’re tracking over 1,000 bills across the country, and while some of them do positive things, like make improvements to our electoral system or increase voter turnout, unfortunately, most of these measures are taking aim at impactful nonprofit advocacy. These proposals collectively reflect an erosion of the civic space in the nonprofit ecosystem. We’re here to break down some of the key trends and help you stay...
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On this edition, we open up the docket and get an update on the variety of court cases that impact tax-exempt organizations and their ability to advocate on the issues they care about. And to help with that, we’re joined once again by friend of the pod Emma Olson Sharkey from Elias Law Group to help demystify what’s happening in the courts and how it might impact you and your work. Attorneys for this episode Brittany Hacker Leonard Tim Mooney Emma Olson Sharkey – Elias Law Group Shownotes 501(c)(4) political activity Freedom Path, Inc. v. IRS (D.D.C.) Memorial Hermann Accountable...
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One of the hottest topics in college athletics turns out to be about nonprofits. This episode unpacks how nonprofit colleges and third-party NIL collectives support individual student athletes, the governance and tax questions that follow, and what the recent NCAA settlement means for oversight and compliance. We also look ahead to emerging federal regulation and how nonprofits might engage in shaping what comes next. Attorneys for this Episode · Tim Mooney · Victor Rivera Why NIL Is a Nonprofit Issue ...
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In this episode, we’re answering questions from organizations about voter registration, which is, of course, timely given the upcoming midterm election season. Since these activities occur within an electoral framework, it's crucial to keep various legal aspects in mind while crafting and executing your voter registration campaigns. We’ll discuss the key considerations related to nonprofit tax law, federal election law, and state law. Attorneys for this episode Sarah Efthymiou Susan Finkle Sourlis Monika Graham Voter Registration ...
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On this episode, we’re going back-to-basics to discuss the rules that apply when nonprofits engage in lobbying activities. With legislative sessions ramping-up in several states, it’s important to take time to understand the lobbying limits and definitions that apply to your organization’s advocacy. But, it’s even more important to recognize that public charities can lobby and advocate for or against legislation at the local, state, and federal levels. So, rally your staff and volunteers, and speak up, because...
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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...
info_outlineOn 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
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