Lobbying is one important form of advocacy and public policy participation that involves attempts to influence specific legislation. Lobbying by public charities, 501(c)(3) organizations is protected by the constitution. The Internal Revenue Code regulates charities’, foundations’ and other nonprofits’ lobbying activities and expenditures. It is important for all nonprofits to understand the legal opportunities for them lobby and influence legislation that affects their mission. Why? Because lobbying can bring about policy changes that improve peoples' lives.

For public charities and community foundations:

START HERE:

Take a quick tutorial on the lobby law

KEY REFERENCE DOCUMENTS:

• Letter from the Internal Revenue Service to Charity Lobbying in the Public Interest verifying the legality of lobbying and answering nine frequently asked questions.

• Statement by the American Bar Association’s Exempt Organizations Committee on participation by public charities in the public policy process

• Community Foundations: A Primer on Lobbying and Public Policy Participation

• Four Important Facts About Lobbying With Private Foundation Grant Funds

LEARN ABOUT THE FEDERAL LOBBY LAWS

• Why Your Charity Should Elect to Come Under the 1976 Lobby Law – About the 501(h) lobby election

• Understanding the differences between direct and grassroots lobbying

• Public Policy Activities excluded from the lobby law if an organization “elects” to come under the 1976 lobby law.

• Ballot initiatives and referenda: lobbying the people

ASSESS YOUR ORGANIZATION’S LOBBY EXPENDITURES –
FOR PUBLIC CHARITIES AND COMMUNITY FOUNDATIONS

• Lobby expenditure legal risk assessment tool

LOBBYING AND FUNDING

• Lobbying and Government Funding

FOR PRIVATE FOUNDATIONS

• Private Foundations and Influencing Legislation by Thomas A. Troyer, Caplin & Drysdale – A must read for staff and board members of private foundations

• Four Important Facts About Lobbying With Private Foundation Grant Funds

Voter and Candidate Education

Charities and other nonprofits may engage in voter and candidate educational activities during an election year as long as they perform these activities in a scrupulously non-partisan manner. Once a charity or other nonprofit understands the do’s and don’ts during an election season – there are several great strategies available to raise voter and candidate awareness of your cause including candidate forums and debates, candidate questionnaires, voter registration and some advertising of your issues to the voting public.

START HERE:

• Take a quick tutorial on the federal law governing voter and candidate education

KEY REFERENCE DOCUMENTS:

• Voter and Candidate Education by Charities During a Political Campaign – a two pager covering the basics
• Playing by the Rules - Handbook on Voter Participation and Education Work for 501(c)(3) Organizations - by Caplin & Drysdale.