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Lobbying Series Part 1 - Introduction to Lobbying

Rules of the Game: The Bolder Advocacy Podcast

Release Date: 01/13/2021

Can We Rent (Or Share) That? show art Can We Rent (Or Share) That?

Rules of the Game: The Bolder Advocacy Podcast

On this episode, we will discuss how nonprofits can respond when they are asked to share their resources with others. Whether it’s data, a mailing list, office space, or something else of value, your nonprofit needs to know what to do when asked to share its assets with other people and groups. And guess what! Your organization’s tax status will come into play. If you’re a 501(c)(3), you need to be particularly careful, especially when interacting with non-(c)(3)s. We’ll dive in deep and answer the question “Can We Rent (or Share) That?” in the minutes to come.   Our Attorneys...

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Ballot Measure Advocacy Takeaways from the 2024 BISC Conference show art Ballot Measure Advocacy Takeaways from the 2024 BISC Conference

Rules of the Game: The Bolder Advocacy Podcast

On this special edition from the BISC (Ballot Initiative Strategy Center) Road Ahead 2024 conference held in Las Vegas, we bring our takeaways from our sessions on ballot measure advocacy, including handling misinformation, tips on campaigning, garnering cross-ideological support and more.   Lawyers on this episode: Sarah Efthymiou Tim Mooney     Handling misinformation in ballot measure campaigns    - Strategies to counter misinformation and disinformation.    - Focus on highlighting correct information rather than amplifying incorrect details.   How...

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Election Season Advocacy: What Your Foundation Needs to Know show art Election Season Advocacy: What Your Foundation Needs to Know

Rules of the Game: The Bolder Advocacy Podcast

Guess What! It’s 2024, which means we have a BIG election on the horizon. Not only will voters take to the polls to decide who will be our next President, but they’ll also be invited to speak their voice in relation to ballot measures and down ballot races that will impact our laws and determine who will represent us in local government, state legislatures, Congress, the courts, and more! With so much at stake, many private and public foundations may be curious whether they have a role to play. The answer is YES! And, this episode of the podcast will discuss the rules foundations need to...

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Ask Us Anything show art Ask Us Anything

Rules of the Game: The Bolder Advocacy Podcast

On this edition, we answer some of those “greatest hits” questions we always talk about in the intro every week. And since we have primaries and spring elections coming up, we decided to do an all-elections episode to get you ready for your election season advocacy.   Lawyers for this Episode Sarah Efthymiou Susan Finkle Sourlis Tim Mooney   Shownotes  “Can our 501(c)(3) invite a candidate to speak at our fundraising event?” “In Oregon, we have 5 of our 7 Supreme Court seats up for election this spring, but since the candidates are nonpartisan I was wondering if our...

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Bold AF with Vu Le show art Bold AF with Vu Le

Rules of the Game: The Bolder Advocacy Podcast

For our 100th episode, we are excited to chat with the incomparable Vu Le of . Vu brings his unique blend of insight, humor, and a pinch of provocation to the table, all wrapped up in the perspectives you've come to know from his writing. Vu is a treasure trove of wisdom for the nonprofit world and his takes are all his own and don't necessarily reflect those of Alliance for Justice. A huge thank you for listening (and occasionally watching) our brand of spicy tax law for these 100 episodes, and what a better way to celebrate than with a guest who's not afraid to shake things up all in the...

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The Connection show art The Connection

Rules of the Game: The Bolder Advocacy Podcast

On this episode, we discuss The Connection, Bolder Advocacy’s go-to guide on how to create and operate 501(c)(3)s, 501(c)(4)s, and political organizations. In 2024, we release our 5th edition of The Connection and include several important updates your nonprofit needs to know about as we move into a contentious election season. If your nonprofit has questions about how to safely operate affiliated organizations or how to boost civic engagement in coalition with organizations that have a different tax-exempt status than your own, The Connection has the answers.   Attorneys for this show...

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Grassroots Advocacy show art Grassroots Advocacy

Rules of the Game: The Bolder Advocacy Podcast

Exploring grassroots advocacy and the various activities that grassroots organizations can use to advance their mission and bring about positive policy change. Attorneys for this Episode Monika Graham Natalie Ossenfort Victor Rivera Shownotes  Introduction  Issue Advocacy and Lobbying  Rallies, Town Halls, and Community Mobilization  Persuading Elected Officials  Advocacy Days and Lobbying  Ballot Measures and Elections  Commenting on Candidates and Campaigns  Get Out the Vote Campaigns  Spotlight: Grassroots Organizations  Resources and...

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Nonpartisan Election Year Advocacy show art Nonpartisan Election Year Advocacy

Rules of the Game: The Bolder Advocacy Podcast

On this episode, we discuss best practices for 501(c)(3) public charities conducting advocacy and nonpartisan activities, like get out the vote or voter education activities during an election year. Election year is upon us and the presidential primaries and caucuses, and primaries for other elected offices are starting to take place and will continue through the November General election.   Attorneys for this show Monika Graham, Susan Finkle-Sourlis, and Leslie Barnes Show Notes ·      May 501c3 public charities advocate in an election year? How can a public...

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Ballot Measure Insights show art Ballot Measure Insights

Rules of the Game: The Bolder Advocacy Podcast

On this edition, we're thrilled to welcome from Elias Law Group, bringing her fresh perspective after successfully guiding clients to victory in the critical 2023 Ohio reproductive rights ballot measure fight. Emma will help shed light on the essential considerations for tax-exempt organizations before taking the plunge into a ballot measure campaign. Attorneys for this Episode Quyen Tu Tim Mooney   Shownotes   ·      Introducing Emma ·      Lessons from Ohio: o   Progressives can work together to protect...

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Nonprofit New Year's Resolutions show art Nonprofit New Year's Resolutions

Rules of the Game: The Bolder Advocacy Podcast

On this episode, we’re going to talk about those pesky new year’s resolutions… and no, we’re not talking about signing up for a gym membership or signing up for a marathon. We’re talking about resolutions that nonprofit organizations can apply as we enter into the year 2024. As you all know, 2024 is like Stefon from SNL, it has everything…primaries, general elections, an additional day… So as you are headed for your holiday break, we wanted to leave you with a list of things your nonprofit organization can do as we head into the new year.     AFJ Team...

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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