Advocacy and Lobbying Rules for Nonprofits

1. Advocacy and Lobbying Rules for Nonprofits Joan Patterson jpatterson@refugeassociation.org 202-290-5594

2. Agenda • The value of advocacy and lobby • Definition of advocacy • Definition of lobbying • Lobbying limits and measuring • Friends Policy and lobbying

3. The Value of Advocacy and Lobbying • Major social change in our nation is the result of nonprofit advocacy and lobbying. • Nonprofits traditionally serve constituencies and issues that have a limited voice in the policy process. • Nonprofit provide policymakers with important views and expertise.

4. “The NWRA and its affiliated Friends groups are indispensable to alerting Congress to the needs of our national wildlife refuges.” Congressman Norman Dicks (WA) ,Former Chairman of the House Interior Appropriations Committee

5. Definition of Advocacy • Advocacy is the active support of an idea or cause. It is an effort to change public perception.

6. Avenues of Advocacy Public Education Nonpartisan Voter Education Organizing Organize a Rally PARTISAN POLITICS Lobbying Exceptions Educate Legislators Regulatory Efforts Educational Conferences LOBBYING Get to Know Legislators Litigation Training Research Source: Alliance for Justice

7. Definition of Lobbying Lobbying consists of: • Specifically focused on influencing legislation, • Communicating with members of legislative bodies or their staff, and • Asking legislator to take a specific position on legislation.

8. What is Legislation • Legislation includes action by a legislative body with respect to acts, bills, resolutions, or similar items, or by the public in referendum, ballot initiative, constitutional amendment of similar process. • Legislative body: Congress, state legislature, similar local legislative body, or any actions by the general public in a referendum question, initiative petition, or proposed constitutional amendment.

9. Two Kinds of Lobbying • Direct Lobbying is communication with members of legislative bodies or their staff. • Grass Roots Lobbying is an attempt to influence specific legislation by encouraging the public to contact legislators.

10. Advocacy or Lobbying? • Friends organization sends a message to their Member of Congress requesting $508 M for the Refuge System’s Operations and Maintenance fund in fiscal year 2016. • Friends member testifies at Public Witness Day and requests $508 M for the Refuge System’s Operations and Maintenance fund in fiscal year 2016. • Friends organization educate legislative staff about the Refuge System.

11. Lobbying limits and measuring • Substantial Part test includes time and expenditures devoted by the organization to the activity. The determination is very subjective, less than 5% was not considered substantial but 16.6% was too much. • Expenditure test provides clear guidelines lobbying expenditure. Your organization must file Form 5768.

12. Measuring Lobbying under Expenditure test

13. Friends Policy and Lobbying • Members of Friends organizations may engage in lobbying. • Friends members are prohibited from using direct or indirect appropriated Federal funds, resources, or other Federal support to conduct lobbying activities.

14. Resources • National Wildlife Refuge Association, www.refugeassociation.org • RefugeFriendsConnect, www.refugefriendsconnect.org • Alliance for Justice, www.afj.org • Stand for Your Mission, www.standforyourmission.org • National Council of Nonprofits, www.ncna.org • Independent Sector, www.independentsector.org • Center for Effective Governance, www.ombwatch.org