Dec 28, 2022
On this episode, we’ll discuss how
your organization can prepare to maximize your advocacy and impact
in 2023. With several states gearing up for new legislative
sessions and the 118th
United States Congress about to head to
work, the time is ripe for ensuring that your organization is ready
to boldly advocate on behalf of the communities and causes you care
about. That’s why today we present to you the Top 10 things your
public charity can do now to get ready for
2023.
Link -
Our attorneys for this
episode
Tim
Mooney
Natalie
Ossenfort
Quyen Tu
1. Calculate Your Lobbying
Limit
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If your organization has made the 501(h)
election, your total lobbying limit is based on your organization’s
annual exempt purpose
expenditures.
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You can use our
lobbying calculator
to estimate how much your organization
can spend during your fiscal year on lobbying
activities.
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By understanding how much you are
allowed to spend on lobbying, you can more effectively prepare for
upcoming legislative sessions.
2. If you haven’t done so already,
consider making the 501(h) election.
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Most public charities have the option to
maximize their lobbying limits by making the 501(h)
election.
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Organizations that do can easily
calculate their lobbying limits and, in some instances, allocate up
to 20% of their budgets to lobbying
activities.
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If you don’t, however, your lobbying
limits are based on the somewhat vague and confusing
“insubstantial
part test”, which limits
lobbying to around 3-5% of an organization’s overall
activities
each year.
3. Brush Up on State Lobbying
Disclosure Laws in preparation for upcoming legislative sessions –
We have a Lobbying Practical Guidance series that will
help!
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Created in partnership with the
Democracy Capacity Project,
this series
will help you and your nonprofit
determine how state lobbying disclosure rules may impact your
policy work
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We currently have guides published for
19 states, but several more are coming
soon!
4. Remember that lobbying at the
Federal level (to Congress or Executive branch officials) may
implicate the Lobbying Disclosure Act.
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The triggers for lobbyist registration
under the LDA are relatively high, so many groups won’t need to
register and report as lobbyists.
5. Create a Policy Agenda (see ROTG
#13 – aka the previous episode)
6. Assess whether you need a
501(c)(4).
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Running up against your public charity’s
lobbying limits? Wanting to take a stand on candidates running for
public office?
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If so, it might be time to consider
forming an affiliated 501(c)(4) (aka social welfare
organization).
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Our publication entitled
“The
Connection” will help get you
started.
7. Convene or join a coalition to
amplify your impact.
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Coalitions can take several forms (i.e.
informal partnerships, fiscal sponsorship arrangements, independent
501(c)(3)s or 501(c)(4)s).
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Just remember that the rules that apply
to your organization’s tax-exempt status follow you in to coalition
work. So, for example, if you happen to work for a 501(c)(3),
you’ll need to make sure that any coalition work you engage in is
conducted in a nonpartisan manner (not designed to support or
oppose candidates for public office).
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Use our
coalition checklist to get
started today.
8. Audit your recordkeeping
system
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Proper recordkeeping is essential to
meeting your advocacy goals. It can help your
organization
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comply with filing obligations
(e.g.
IRS 990 / state lobbying reporting
requirements),
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Informing strategic planning / stay
focused on your mission, and
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obtain funding (by building trust with
your funders and boosting your ability to provide detailed budgets
and grant reports)
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For sample timesheets and other
recordkeeping tips, check out BA’s
Keeping Track
guide.
9. Connect with your funders,
supporters, and champions
10. Make plans to celebrate the
victories, large and small, along the way! All no’s eventually lead
to a yes said Tim.
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