taking a stand ballots measure advocacy for nonprofits
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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. - PowerPoint PPT PresentationTRANSCRIPT
TAKING A STANDBallots 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
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
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
617.357.8683
www.nonprofitvote.org
Nonprofit Vote89 South StreetSuite 203Boston, MA 02111
614.280.1984
COHHIO
175 S. Third St. Suite 250
Columbus, Ohio 43215