Transcript HOSTING A CANDIDATE FORUM

TAKING A STAND
Ballots Measure Advocacy for
Nonprofits
Presented by
&
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
Nayantara Mehta
Senior Counsel
Alliance for Justice, West Coast
Cathy Johnston
Advocacy Director
COHHIO
Who
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
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
RANGE OF ACTIVITIES
•
•
•
•
Drafting
Gathering signatures for petitions
Supporting / opposing ballot measure
Voter registration and GOTV
Activities
COMPARING NONPROFITS
Comparing
Nonprofits
501(c)(3)
Examples
Alliance for Justice
LCV Education Fund
Tax-Exempt
Tax Treatment Donation Tax-Deductible
Private Foundation Grants
501(c)(4)
Political Orgs
AFJ Action Campaign
LCV
Connected/SSF
LCV PAC
Independent
Emily’s List
Tax-Exempt
Tax-Exempt
Lobbying
Activities
Limited
Unlimited
Electoral
Activities
Cannot Support or
Oppose a Candidate
for Office
Secondary Activity, Follow
Federal and State Law
Rare and usually
taxable
Collaborating
Usually Sole Activity
HOW MUCH LOBBYING?
How Much
Lobbying?
THE “INSUBSTANTIAL PART” TEST
•
•
•
•
•
What is “insubstantial”?
Default test
Activities-based
Lobbying not defined
Penalty
How Much
Lobbying?
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?
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?
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
How Much
$225,000 + 5% of excess over
$1.5 million
Lobbying?
Over $17 million
$1,000,000
EXAMPLE
• Total lobbying limits
for 501(c)(3)s
– making the 501(h)
election
– with annual
expenditures of
$500,000
Overall Lobbying Limit
Grassroots Lobbying Limit
Direct
$100,000
$25,000
Grassroots
Non-lobbying
How Much
Lobbying?
WHAT IS LOBBYING?
What is
lobbying?
DIRECT LOBBYING
• Communication
• The Special
Legislator Rule
– Members of the
public are
legislators.
• Expressing a view
about specific
legislation
What is
lobbying?
GRASSROOTS LOBBYING
• Communication
• General Public
• Expressing a view
about specific
legislation
• Call to Action
What is
lobbying?
LOBBYING EXCEPTIONS
•
•
•
•
Nonpartisan analysis, study, or research
Request for technical assistance
Self defense
Examinations and discussions of broad social,
economic, and similar problems
Exceptions
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
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
NONPARTISAN
ADVOCACY
Advocacy
NONPARTISAN ADVOCACY
No support or
opposition for
candidates
running for
public office
Advocacy
NONPARTISAN ELECTORAL ACTIVITIES
• Issue Advocacy
– Advocating for organizations issues during
election year
• Voter Education
– Educating voters in a nonpartisan way about
candidates
Nonpartisan
Activities
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
COORDINATION
• Contribute
• Provide mailing list
• Host a fundraising event (must inform donors
that contributions are not tax deductible)
Nonpartisan
Activities
CAMPAIGN DISCLOSURE
Disclosure
QUESTIONS?
??????
RESOURCES
• Factsheets and Guides available from
– www.afj.org
– www.nonprofitvote.org
Resources
[email protected]
[email protected]
617.357.8683
866.675.6229
www.nonprofitvote.org
www.afj.org
Nonprofit Vote
89 South Street
Suite 203
Boston, MA 02111
EAST COAST
Alliance for Justice
11 Dupont Circle, NW
2nd Floor
Washington, DC 20036
202-822-6070
[email protected]
WEST COAST
Alliance For Justice
1611 Telegraph Avenue
Suite 1006
Oakland, CA 94612
510-444-6070
614.280.1984
COHHIO
175 S. Third St. Suite 250
Columbus, Ohio 43215