TAKING A STAND Ballots Measure Advocacy for Nonprofits

1. TAKING A STANDBallots Measure Advocacy for Nonprofits Presented by &

2. 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

3. 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.

4. Today’s presenters Cathy Johnston Advocacy Director COHHIO Nayantara Mehta Senior Counsel Alliance for Justice, West Coast Who

5. Agenda • 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

6. Federal and state law • 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

7. Range of activities • Drafting • Gathering signatures for petitions • Supporting / opposing ballot measure • Voter registration and GOTV Activities

8. Comparing nonprofits Comparing Nonprofits

9. Limited Collabor-ating Cannot Support or Oppose a Candidate for Office

10. How much lobbying? How Much Lobbying?

11. The “insubstantial part” test • What is “insubstantial”? • Default test • Activities-based • Lobbying not defined • Penalty How Much Lobbying?

12. The 501(h) Expenditure test • Dollar-based limits • One-time election – IRS Form 5768 • Expenditures only • Definition of lobbying • Penalty less severe How Much Lobbying?

13. Calculating a limit under 501(h) • Calculate organization’s “exempt purpose expenditures” (Usually Annual Expenditures) • Overall lobbying limit • Grassroots lobbying limit is 25% of overall limit How Much Lobbying?

14. How Much Lobbying?

15. Example • Total lobbying limits for 501(c)(3)s • making the 501(h) election • with annual expenditures of $500,000 How Much Lobbying? Overall Lobbying Limit GrassrootsLobbyingLimit

16. What is Lobbying? What is lobbying?

17. Direct lobbying • Communication • The Special Legislator Rule • Members of the public are legislators. • Expressing a view about specific legislation What is lobbying?

18. Grassroots lobbying • Communication • General Public • Expressing a view about specific legislation • Call to Action What is lobbying?

19. Lobbying exceptions • Nonpartisan analysis, study, or research • Request for technical assistance • Self defense • Examinations and discussions of broad social, economic, and similar problems Exceptions

20. Nonpartisan analysis • MUST • Full and Fair Discussion • Broadly Disseminated • MAY • Express a View • Indirect Call to Action • Subsequent Grassroots Lobbying limited 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. Exceptions

21. Technical assistance • 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

22. Nonpartisan advocacy Advocacy

23. Nonpartisan Advocacy No support or opposition for candidatesrunning for public office Advocacy

24. Nonpartisan electoral activities • Issue Advocacy • Advocating for organizations issues during election year • Voter Education • Educating voters in a nonpartisan way about candidates Nonpartisan Activities

25. Nonpartisan activities (cont) • 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 Nonpartisan Activities

28. coordination • Contribute • Provide mailing list • Host a fundraising event (must inform donors that contributions are not tax deductible) Nonpartisan Activities

29. Campaign disclosure Disclosure

30. Questions? ??????

31. resources • Factsheets and Guides available from • www.afj.org • www.nonprofitvote.org Resources

32. advocacy@afj.org • 866.675.6229 • www.afj.org EAST COAST Alliance for Justice 11 Dupont Circle, NW 2nd Floor Washington, DC 20036 202-822-6070 • WEST COASTAlliance For Justice • 1611 Telegraph Avenue • Suite 1006 • Oakland, CA 94612 • 510-444-6070 • info@nonprofitvote.org • 617.357.8683 • www.nonprofitvote.org Nonprofit Vote 89 South Street Suite 203 Boston, MA 02111 questions@cohhio.org 614.280.1984 COHHIO 175 S. Third St. Suite 250 Columbus, Ohio 43215