TAKING A STANDBallots Measure Advocacy for

Nonprofits

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A national hub of voter engagement resources and trainings to help nonprofits integrate nonpartisan voter participation into ongoing activities and services.

A voter participation partner of the National Association of Secretaries of State for the nonprofit sector.Visit our website for more on our mission and partners: www.nonprofitvote.org

Alliance for Justice is a national association of over 100 organizations, representing a broad array of groups committed to progressive values and the creation of an equitable, just, and free society. AFJ is the leading expert on the legal framework for nonprofit advocacy efforts, providing definitive information, resources, and technical assistance that encourages organizations and their funding partners to fully exercise their right to be active participants in the democratic process.

TODAY’S PRESENTERS

WhoNayantara Mehta

Senior CounselAlliance for Justice, West Coast

Cathy JohnstonAdvocacy Director

COHHIO

How much lobbying can we do?What is the definition of lobbying and how

does it apply to ballot measures?Are there any lobbying exceptions for

ballot measures?How can we ensure our ballot measure

advocacy is nonpartisan? Agenda

AGENDA

• Federal Law– Limits lobbying (including ballot

measures advocacy) at all levels of government.

• State law– May require disclosure of state ballot

measure advocacy.Federal/

State

FEDERAL AND STATE LAW

• Drafting• Gathering signatures for petitions• Supporting / opposing ballot measure• Voter registration and GOTV

Activities

RANGE OF ACTIVITIES

COMPARING NONPROFITS

Comparing

Nonprofits

Collabor-ating

501(c)(3) 501(c)(4) Political Orgs

Examples Alliance for JusticeLCV Education Fund

AFJ Action CampaignLCV

Connected/SSFLCV PAC

IndependentEmily’s List

Tax TreatmentTax-Exempt

Donation Tax-DeductiblePrivate Foundation Grants

Tax-Exempt Tax-Exempt

Lobbying Activities Unlimited Rare and usually

taxable

Electoral Activities

Secondary Activity, Follow Federal and State Law Usually Sole Activity

Limited

Cannot Support or Oppose a Candidate

for Office

HOW MUCH LOBBYING?

How MuchLobbying?

• What is “insubstantial”?• Default test• Activities-based• Lobbying not defined• Penalty

How MuchLobbying?

THE “INSUBSTANTIAL PART” TEST

• Dollar-based limits• One-time election – IRS

Form 5768• Expenditures only• Definition of lobbying• Penalty less severe

How MuchLobbying?

THE 501(h) EXPENDITURE TEST

• Calculate organization’s “exempt purpose expenditures” (Usually Annual Expenditures)

• Overall lobbying limit• Grassroots lobbying limit is 25% of overall limit

How MuchLobbying?

CALCULATING A LIMIT UNDER 501(h)

How MuchLobbying?

ANNUAL EXPENDITURES OVERALL LOBBYING LIMIT

$500,000 or less 20%

$500,000 to $1 million $100,000 +15% of excess over $500,000

$1 million to $1.5 million $175,000 +10% of excess over $1 million

$1.5 million to $17 million $225,000 + 5% of excess over $1.5 million

Over $17 million $1,000,000

• Total lobbying limits for 501(c)(3)s – making the 501(h)

election – with annual

expenditures of $500,000

How MuchLobbying?

EXAMPLE

Direct GrassrootsNon-lobbying

Overall Lobbying LimitGrassroots Lobbying Limit

$100,000

$25,000

WHAT IS LOBBYING?

What islobbying?

• Communication • The Special

Legislator Rule– Members of the

public are legislators.

• Expressing a view about specific legislation

What islobbying?

DIRECT LOBBYING

• Communication • General Public• Expressing a view

about specific legislation

• Call to Action

What islobbying?

GRASSROOTS LOBBYING

• Nonpartisan analysis, study, or research• Request for technical assistance• Self defense• Examinations and discussions of broad social,

economic, and similar problems

Exceptions

LOBBYING EXCEPTIONS

• MUST– Full and Fair

Discussion– Broadly Disseminated

• MAY– Express a View– Indirect Call to Action– Subsequent

Grassroots Lobbying limited

Exceptions

NONPARTISAN ANALYSIS

The Facts: Californians have a lot of important decisions to make on election day, November 8. Before you vote, be sure you get the facts. Proposition 188 is a good example. Do you know what will happen if it passes? Do you know who’s behind it? Who opposes it? Who the major contributors are on each side? You have the right to know about Proposition 188. Read your official voter handbook before you decide.

• MUST– Invitation in Writing

on behalf of Body or Committee

– Available to all members of Body or Committee

• MAY– Express a View on

Specific Legislation

Exceptions

TECHNICAL ASSISTANCE

NONPARTISAN ADVOCACY

Advocacy

No support or opposition for candidatesrunning for public office Advocacy

NONPARTISAN ADVOCACY

• Issue Advocacy – Advocating for organizations issues during election

year • Voter Education

– Educating voters in a nonpartisan way about candidates

Nonpartisan

Activities

NONPARTISAN ELECTORAL ACTIVITIES

• Voter Registration– Registering historically under-represented groups

• Individual & Business Activities– Ensuring partisan activities are not attributed to

the organization • Advocacy Capacity

– Increase the organization’s capacity by opening affiliated organization Nonpartis

anActivities

NONPARTISAN ACTIVITIES (CONT)

• Contribute• Provide mailing list • Host a fundraising event (must inform donors

that contributions are not tax deductible)

Nonpartisan

Activities

COORDINATION

CAMPAIGN DISCLOSURE

Disclosure

QUESTIONS?

??????

• Factsheets and Guides available from– www.afj.org– www.nonprofitvote.org

Resources

RESOURCES

advocacy@afj.org

866.675.6229

www.afj.org

EAST COASTAlliance for Justice11 Dupont Circle, NW2nd FloorWashington, DC 20036202-822-6070

WEST COASTAlliance For Justice1611 Telegraph AvenueSuite 1006Oakland, CA 94612510-444-6070

info@nonprofitvote.org

617.357.8683

www.nonprofitvote.org

Nonprofit Vote89 South StreetSuite 203Boston, MA 02111

questions@cohhio.org

614.280.1984

COHHIO

175 S. Third St. Suite 250

Columbus, Ohio 43215