Nonprofit Law Podcast #32: Lobbying basics

Lobbying basics


Download: Nonprofit Law Podcast #32 (mp3, 9:48)

Shownotes

Intro

Tim Mooney… Welcome to the Nonprofit Law Podcast
Your guide to the laws impacting nonprofits.
Shownotes…. nplawcast.com
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News & Notes
- Recommended blog: a great source of nonprofit news is The Chronicle of Philanthropy's Philanthropy Today. The Chronicle is a subscription service (and well worth it) but this is a free source of news from the Chronicle. I have it in my Google Reader so I get the stories delivered as soon as they are posted.
- Nonprofits and Elections: Balancing Personal Versus Organizational Activity on-demand video screencast is available now at nplawcast.com/beyondthepodcast.

The "L" word

- Yes, nonprofits can lobby
- Yes, there are restrictions ranging from the substantial (private foundations) to the minimal (registration requirements for all)
- Lobbying has a legal definition - there are many ways an organization can advocate (sometimes strongly) without it counting as lobbying
- The basic rundown
- Private foundations are essentially prohibited from lobbying, BUT there are many ways to visit legislators and educate (tax law)
- Public charities are limited in the amount of lobbying they can engage in, but the amount allowed is surprisingly high for some (tax law)
- Other 501(c)s are not limited at all in the amount of lobbying they can engage in, but it must fit their exempt purpose (tax law)
- 527s rarely lobby because it is unusual that lobbying would support or oppose a candidate (their exempt purpose)
- Federal law and most state laws require lobbyist registration for all (varies wildly - check your state)
- Where things get tricky
- Ballot measures - intersection with election laws
- Local bodies of government - sometimes unclear whether there is legislation or a legislative body
- Funder restrictions - the biggest area - a public charity may have a large legal capacity to lobby, but its source of funding may have contractual restrictions on lobbying so the nonprofit's practical capacity is much lower

Resources
MNCN: Nonprofit Lobbying and the Law
CLPI: Lobbying and the Law
AFJ: State lobbying law resources

Closing
Email me with questions and suggested topics
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This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law