Use this Legislative Advocacy Toolkit for CACs to build your understanding of the legislative process, find messages that work, and secure the resources that CACs need at the state, federal, and local levels.
(Click on a title to jump to that section. For ease of use, resources are linked in parentheses in the contents section and are mirrored in appropriate toolkit sections below.)
The Children’s Advocacy Center (CAC)/Multidisciplinary Team (MDT) movement is strong and well established. Together we have developed a data driven, evidence based model proven to provide justice and healing for children and families who have experienced abuse. However, the ability to implement this model can be greatly impacted by the policies, regulations, rules and laws within which we operate. Therefore, we find ourselves at a pivotal moment where we must work to create a public policy environment in which the CAC/MDT model can thrive. This includes establishing a favorable legal framework as well as ensuring adequate resources to carry out our mission. Such developments don’t just happen. They require a coordinated approach to educate policy makers and advocate for the needs of the movement and the population we serve. Public policy advocacy is just as essential to our mission as the direct services we provide.
Public Policy is the means by which a governing body maintains order and addresses the needs of its citizens. It includes a collection of laws, rules, regulations, guidelines and the apportionment of shared resources and the appropriation of public funds.
Advocacy is the means by which we work to shape public policy to promote a cause or idea. Advocacy encompasses a wide range of activities designed to influence decision makers. It has been said that to advocate is to represent and empower a disempowered population. This is certainly true in the case of CACs and MDTs working on behalf of victims of abuse.
Advocacy may include but is not limited to:
See this publication from the Alliance for Justice for more on Definitions and Examples of Advocacy
Because You Can
While there are rules surrounding the ability of nonprofits to lobby, there are no restrictions on other advocacy efforts. For more information see the section on lobbying contained in this toolkit.
Because You Have a Responsibility To
As a proponent of the CAC/MDT model and movement you are committed to doing everything you can to improve outcomes for the children and families we serve. You play a vital role in the development and implementation of favorable policies, and the securitization of adequate resources. This includes motivating our constituency to get involved. Policy makers rely on those they represent to drive their decision-making process.
Because it Works
CAC staff and MDT members make excellent and effective advocates. The very nature of the CAC/MDT model brings together a wide range of disciplines with a common interest. Policy makers rely on folks like you to keep them informed, make them aware of problems, and develop solutions. Through your advocacy efforts, CACs and MDTs across the country have affected many positive developments.
For Example:
Coordinating Public Policy is Key to Success
A coordinated strategic approach is key to the success and effectiveness of public policy advocacy. The diverse disciplines of MDTs and the compassionate convictions of advocates and victims alike, combine to provide for a reasoned voice like no other. Local centers can strengthen their voices and maximize their efforts by leveraging the relationships and tapping into the policy expertise of their state chapters. Similarly, centers and chapters can draw upon the state and federal policy expertise of NCA. Together we have fostered relationships with many champions at the state and federal levels. A unified voice is essential to building and maintaining these relationships and developing a dedicated coalition of champions. The synergy created by our combined advocacy efforts at all levels is powerful.
At the federal level, NCA continually meets with and advises Members of Congress and their staff on CAC funding needs for the Victims of Child Abuse Act (VOCAA), the Victims of Crime Act (VOCA), and other CAC-related issues such as human trafficking. Using the foundation laid by NCA as a starting point for advocacy with Congress, state chapters and local centers have helped their representatives and senators better understand how CACs work, and the vital role they play in serving their communities. This combined effort has made all the difference. For Example:
The impact of such coordinated efforts translates to the state level as well. Fostering relationships with policy makers is foundational, and leveraging those relationships is instrumental to the success of the CAC model. Local advocacy with strong chapter support has proven to be the most successful strategy for securing favorable policies and resources to support the growth and development of the CAC model across the nation.
To develop a network of support, local centers are always encouraged to educate and foster relationships with their policy makers. But to maximize their efforts, centers should leverage the voice of the state chapter. Similarly, centers and chapters should coordinate with NCA when advocating for policies and resources at the federal level.
In addition to being a means for adopting favorable policies and securing adequate resources, advocacy can be a way to guard against costly or burdensome regulations, the loss of resources or other regressive policies that are detrimental to our cause.
In addition to the obvious benefits of affecting positive changes in policies or securing resources, advocacy serves to excite a base of support which can have many additional positive effects. Advocacy raises awareness and helps to educate everyone about our existence, our cause, and our model. It energizes our team, our allies, and our communities to further our mission. It often attracts media attention, which makes us more visible, ultimately leading to more victims to seeking assistance. All of this can have the effect of helping build a broad network of support and, attracting board members, volunteers, and donors, all of which serves to further our mission.
To further the CAC mission and expand access to services, it is imperative that we prioritize public policy advocacy. Most policy makers want to make the best, most informed decisions to improve their communities and the wellbeing of the constituents they serve. To do so, they want and need your input. As the saying goes: “You’re either at the table, or you’re on the table.” If we don’t participate, those who do will advance their agendas and consume the resources that could otherwise be used to provide justice and healing to the population we serve.
The first key to advocacy is understanding the framework of the process within which we are working. While the nuances of local, state and federal governmental processes are too numerous to address, there is a basic framework to which most adhere. For our purposes, we will focus on the state and federal governmental structure and processes.
The Constitution of the United States and each state therein divides the roles and responsibilities of government into three separate branches: The Legislative; The Executive; and The Judicial. The three branches are intended to be “separate but equal.” To ensure a balance of power, each branch retains various powers over another.
The Legislative Branch makes laws including the appropriation of public funds. The Legislative Branch most often consists of two bodies: a “Senate” and a “House.”
The Executive Branch carries out laws.
The Judicial Branch evaluates and interprets laws.[i]
The Legislative Branch
All but one state legislature are bicameral in nature, meaning they are further divided into two separate bodies. The Senate is a smaller body with members representing a greater number of constituents. The House may be referred to at the state level as The House of Delegates; The House of Representatives; The General Assembly; or the State Assembly. (The state of Nebraska has a unicameral legislature known as “The Legislature.”)
Committees
Subcommittees
Rank-and-File Members
The Executive Branch
The Executive Branch is responsible for carrying out and enforcing the laws made by the legislature. The Executive Branch is led by the President of the United States or the Governor of a state and consists of Cabinet-level officials, Departments, Divisions, Boards, Commissions and a number of other entities under its authority. At the state level, some high-ranking offices may be elected positions that can act with some autonomy from the Governor. However, their function is still to carry out and enforce the laws made by the Legislature.
While public policy advocacy often focuses on the Legislative Branch, the Executive should not be ignored. Executive agencies often have the authority to develop and implement internal policies and procedures not otherwise proscribed by law. Additionally, laws drafted by the legislature are often intentionally vague and open to interpretation, as we have seen with the interpretation of the VOCA statute and rules. Working closely with executive agencies is vital to the success of the CAC/MDT movement.
Executive agencies most relevant to CACs may include States’ Attorneys General and some variations of Departments of Health and Human Services, and Departments of Public Safety.
Judicial Branch
The Judicial Branch interprets laws and applies them to individual cases. The Judicial Branch consists of the Supreme Court and various lower courts.
While the Judicial Branch is not typically lobbied on policy issues, they can be invaluable allies. At the state and local level it is not uncommon for the officials from the judiciary to advocate for policy changes. Given that the courts tend to have great familiarity with the CAC/MDT model, they can be strong advocates for its development and expansion. We are aware of at least one instance where a Circuit Court Judge actively lobbied the legislature for a statutory definition and accompanying funding for Children’s Advocacy Centers.
Conclusion
An understanding of the structure framework of your local, state and federal government is essential to knowing where and when to focus your advocacy efforts. NCA and State Chapters are well versed in this arena. It is highly encouraged that centers draw upon this expertise to maximize their efforts.
The process by which a bill becomes law is designed to be difficult so that, in theory, only the most well-reasoned and carefully-considered legislation survives. Conversely, the ways in which a bill may die are many. During a given biennium over 200,000 bills are introduced in the states. The vast majority will never be taken up for consideration.
For more on the legislative process in your state visit your state’s legislative website. Click here for information about party control and links to your state’s legislative and executive websites. Additionally, NCA will work with local centers and state chapters to unravel the mysteries of the legislative process.
1) Legislation is introduced. Any member can introduce a piece of legislation.
2) Committee Action. The bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Most often, the actual referral decision is made by the House or Senate parliamentarian. Bills may be referred to more than one committee, and it may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).
Committee Steps:
3) Floor Action
Legislation is placed on the Calendar
Debate
Vote The bill is voted on. If passed, it is then sent to the other chamber unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill, then it dies. If the House and Senate pass the same bill, then it is sent to the President. If the House and Senate pass different bills, they are sent to Conference Committee. Most major legislation goes to a Conference Committee.
4) Conference Committee
5) The President
6) The Bill Becomes a Law
Once a bill is signed by the President or his veto is overridden by both houses it becomes law and is assigned an official number.
NCA has extensive expertise in the federal legislative process. Centers and chapters should utilize this expertise to their advantage. Similarly, NCA relies heavily on local centers and state chapters to develop the relationships that are foundational to our efforts. The leveraging of such knowledge and expertise has proven to be invaluable to the movement.
While there may be countless nuanced differences in the ways states approach their budget processes, most adhere to the same general practices. The main difference between state budgeting and the federal budget is that states’ budgets must be balanced, meaning expenditures may not exceed revenues. The federal government can operate with a budget deficit acting under the assumption that they can always raise taxes when necessary. With the lone exception of Vermont, all states have a legal obligation to adopt a balanced budget either prescribed by their state constitution, statute or judicial decision. Vermont has traditionally balanced its budget as a matter of practice.
Technically 30 states adopt a budget annually while 20 practice biennial budgeting. However, it should be noted that state budgets usually require periodic adjustments during the fiscal year(s) for which they were adopted. Therefore, both annual and biennial budgets are often revisited and adjusted by way of supplemental appropriations bills, executive orders, spending authority adjustments, expenditure reductions, and other “budgetary gimmicks.” Some of these adjustments may require legislative action while others may be implemented unilaterally, by the executive branch. Rulings from the courts may also influence state spending.
For more specific information on your state, follow this link to The National Association of State Budget Offices publication entitled “Budget Processes in the States.”
For a PowerPoint Primer on the state budget process including a sample calendar, click here.
Most states adhere to the following budgetary process:
This stage of the process is a good time for advocates to meet with executive agencies in an effort to become a part of the agencies’ budget requests. If you currently receive state funds you want to make sure that those funds are retained, or even better, increased. Most appropriation request processes include a mechanism for executive agencies to request new or increased appropriations despite any directives requiring cuts. Budget writers want to know what the needs and wants are, even if they are not in a position to honor them.
The committee(s) may further divide sections of the bill into subcommittees. They may hold legislative budget hearings and summon executive agencies to present their proposals and respond to questions. With few exceptions, this process usually happens independently in each legislative body. During the legislative session, and prior to the start of the fiscal year in question, each body will pass its own budget proposal.
Given that these proposals are rarely identical, the budget bill will routinely be referred to a conference committee made up of members of both legislative bodies to resolve the differences between the two. Members of the budget conference committee are widely regarded as the most powerful members of the legislature. If such members can be identified in advance, it is wise to focus your advocacy efforts on earning their support.
After the conference committee resolves the differences between the two houses the bill(s) are returned to each body for final approval. Note: Conference Committee Reports typically can-not be amended. They are presented for an up or down vote. Once approved the bill is enrolled and sent to the Governor for final approval.
For a PowerPoint Primer on the Federal Budget Process click here.
1) Introduction
2) Appropriations Subcommittee Budget appropriations go through one of the following appropriations committees.
3) The Budget Process Begins
4) Congressional Budget Resolution
5) House Appropriations – Floor Action
6) Senate Appropriations – Floor Action
7) Conference Action
Types of Appropriations Bill
There are 3 types of appropriations bills:
Discretionary vs. Mandatory
Federal spending is divided into 2 categories: discretionary and mandatory (direct) spending.
Enforcement
Authorization vs. Appropriation
Rescissions
The first step in Advocating for Public Policy is to determine your goals. What policies would you like to see developed or changed? It may help to start with your “pie in the sky” desires. In other words, start with a broad list that includes everything you can think of that would advance your cause. From that list determine which goals are achievable in the short-term, which are “intermediate goals” that will be continually worked on over a period of time, and which are your long-term or ultimate goals. For example:
Your goals should take into consideration your needs, your wants, and your organizational capacity to work towards achieving them. NCA can help you identify policies that have proven helpful in other states.
When developing a plan for public policy advocacy, it is important to recognize the multifaceted nature of the political environment. There are many factors to consider such as: the political leanings of a legislative body; the controversial nature of certain topics; the momentum of various issues; the budget climate; timing issues such as election years, etc. While there is often little appetite to address controversial issues in an election year, members often look for good things upon which to campaign. Helping abused children is a strong issue for a candidate looking for something good to throw their support behind. The point is, while we may clearly establish our goals and priorities, we must also be flexible enough to realize when to back off on our top priorities and when an opportunity presents itself to pursue a goal of lesser priority. For example:
While we might not always be able to control when we address certain issues, we can monitor the political and public environments for clues that will tell us when to act and when to back off. Some tips for monitoring the environment and recognizing opportunities include:
Taking into consideration your goals and the current political/budgetary climate, you should work with your state chapter and member centers to develop a legislative and public policy agenda. It is highly recommended that this be done in a manner that conforms with a set of “Public Policy Protocols” agreed to by the state chapter and its member centers to ensure that everyone is on the same page and speaking with one voice. A disjointed approach is a recipe for failure and can be toxic to the movement as a whole.
Your public policy agenda should categorize policies you intend to pursue, policies you may support or oppose, and issues you will monitor. Some states have found it helpful to take a “Three Tiered” approach when developing their legislative agenda. (See this Sample Legislative & Public Policy Agenda from the Children’s Advocacy Centers of Washington.)
This is just one suggested approach. You may find another that works best for you.
(See this Sample of NCA’s 2016 Federal Legislative Priorities.)
We’ve all heard the saying “The best-laid plans of mice and men often go awry.” There is definitely some truth to this when it comes to advocating for public policy changes. In an ideal world, we could identify good policy, push a button, and implement it. However, our system is intentionally designed to make it very difficult to pass a law. Even the best ideas may take years to come to fruition. In most instances, the timing of opportunities is beyond our control. There are however a number of ways we can lay a solid foundation to be better positioned to take advantage of opportunities as they arise. This requires us to always maintain a focus on our long-term goals. To position yourself to be prepared to take advantage of opportunities as they arise it is wise to:
Because of the difficult and sometimes ugly nature of politics and public policy advocacy, it is easy to focus on the negatives when your bill dies, your funding gets cut, or regressive policies are adopted. The important thing to remember is, we are playing a long game. As Dr. M.L. King noted, “The arc of the moral universe is long, but it bends towards justice.” While your bill may have died, it is likely that you developed some relationships or raised awareness as you ushered it through the process. While your funding may have been cut it was likely not a painless process for anyone involved. You likely earned some sympathy from members who will look to make it up to you when they can. Focus on the positives, celebrate small victories and regroup for the next round. You have a good cause and a good model. Eventually, someone will buy what you are selling.
Information adapted from a publication from the WK Kellogg Foundation Advocacy Handbook http://ww2.wkkf.org/advocacyhandbook/page5e1.html
The Development of Public Policy is a People Powered Enterprise
Built on Relationships, Trust and Friendship[ii]
As a Constituent
The best place to start is with your own representatives. As their constituent, they were elected to represent you. They want to know the people in their district. They want to know their local organizations. And, they want to know the issues you face and how they can help address them. Afford them that opportunity. Reach out to them and request a meeting. Invite them to your center for a tour. Take every opportunity you can to connect with them and educate them about who you are and what you do. Developing this relationship first can set the table and open doors for opportunities to connect with other, perhaps more influential members.
Pro Tips:
As an Advocate
After first developing a relationship with your own representatives you may want to wade into the larger arena. The best place to start is to identify those members best positioned to help your cause. There is a power structure within each legislative body and getting to the right members can make all the difference. If you have an existing relationship with a member from your district or elsewhere, they can often help to point you in the right direction. Otherwise, there is a wealth of information available on your state legislature’s website. Remember, don’t be afraid to use any connections your MDT may have as well.
The balance of power within a legislative body leans heavily towards the “leadership team,” followed by major committee chairs, major committee members, minor committee chairs and the leadership in the minority party. Within each of these groups, members of the majority party often enjoy preferential treatment. Seniority may play a role although not nearly as much as it does at the federal level. Rising stars can often be readily identified.
Pro Tip:
Legislative Leadership
Each legislative body has a presiding officer, either the Speaker of the House or the President of the Senate. The presiding officer wields enormous power over what passes and what dies. They are often difficult to get to as they are extremely busy and must necessarily concern themselves with big picture items. They lean heavily on the advice of their closest members. Identify these members and focus your efforts there. Unless you have a preexisting inside track or can make your cause a pillar of their agenda, it is often not necessary or possible to get to the presiding officer.
The top brass in the “Leadership Team” is the Majority Leader. This person is often equally inaccessible as is the Majority Whip. (See the “Legislative Terms and Definitions” section contained in Appendix A of this toolkit for more on these positions.) While they also have enormous power their primary concern lies in controlling the general direction of the body. They will also lean heavily on their committee chairs to handle the details. If you can get to these members, do it. But your efforts may be best focused at the committee level.
Committee Chairs and Membership
The bulk of the proverbial legislative water is carried at the committee level. The process varies across the states, but all use some form of committees to “perfect” legislation before bringing it to the floor for a vote on passage. There are “major committees” such as Appropriations or Judiciary and “minor” committees such as Juvenile Justice or Children’s and Families’ Issues. Bills are typically referred to multiple committees, usually a minor committee or two, then a major committee before being brought to the floor for a vote on passage. Let your state’s committee process guide the focus of your efforts.
Identify those committees that are likely to handle your issues. Try to get a meeting with the Committee Chair and his or her staff to let them know who you are and what you do. Offer yourself as a resource for them should relevant issues arise. Next, if you have the capacity, meet with members of that committee to make similar connections.
Note: if you are lobbying for the passage of a particular bill you will need to meet with the Chair and the Members of the Committee in possession of the bill. Having established a relationship beforehand can help you get that meeting with the right people. (See the lobbying section of this toolkit.)
Support for Children’s Advocacy Centers is often found to be a non-partisan, apolitical issue. No member who wants to show their support should be ignored. Remember, there is an election every couple of years. Today’s back bench minority delegate could be tomorrow’s Senate President, and today’s minor committee intern could be tomorrow’s Governor. Cast a wide net when building that network of support.
You have identified the influential policy makers who can help advance your cause, and you have arranged a meeting with them or their staff. Now what? How do you get the most out of that meeting?
Make Preparation a Priority
Have a Plan – Prepare in Advance as a Team
Anticipate Questions
Never Guess at or Exaggerate Facts
Speak in Plain Terms
Backup Your Talking Points
Brevity is important
Draw on Their Expertise
Avoid Pitfalls
Treat Staff with the Same Respect as the Member
Have Materials to Leave Behind
Establish Yourself as a Resource
Create Opportunities to Build Relationships
Educate, Educate, Educate
For more on meeting with policy makers see this document from the Alaska Children’s Alliance.
Aside from meeting in person with your policy makers, there are many other ways and reasons to correspond with them. Emails, phone calls, and letter writing can be effective ways to communicate your position or further develop your network of support. Policy makers highly value such correspondence. However, due to the sheer volume they receive, it is imperative that yours stand out. Polite, concise, well thought out and reasoned correspondence rises to the top. No matter what format you choose there are some basic guidelines and principals you should observe.
Reasons to Contact Your Policy Makers
There are many reasons to correspond with policy makers in ways other than face to face. Meetings can be hard to get. You may want to:
Tips for Effective Correspondence
You should:
Strategies to Consider
Correspondence campaigns can be initiated via action alerts. “Canned” letters, postcards, or emails, along with phone calls can be an effective way to demonstrate a range of support or opposition. However, individualized correspondence from a constituent will generally be prioritized.
Letters
Letter writing, though considered old fashioned by some, remains the most effective alternative way to correspond with a policy maker. Emails are easy to ignore, and phone calls rarely connect directly with the target individual. An actual letter is physically opened, usually read and often filed for future reference. A well-constructed thoughtfully-reasoned personal letter is a highly effective way to communicate with a policy maker.
Follow these links for samples of letters for a variety of purposes:
Emails
Email is a quick and easy way for a network of support to engage a policy maker. Email is most frequently and effectively used to show a wide range of support in a short period of time. Use email when time is of the essence. However, emails are easily ignored so they should never be used as your primary form of communication. The same general rules that apply to letters should be observed through email. Concise brevity is the key to an effective email.
Phone Calls
A direct phone call with a policy maker can be as valuable as a face-to-face meeting. However, more often than not a phone call will be fielded by a receptionist who will do little more than make note of your call.
Phone calls are most useful as a means to show a strong stance on a position in a short period of time. The key to an effective phone campaign is a high volume of calls.
Personal Notes/Cards
Even after all this time and with all this technology, a handwritten note on a personalized card, where appropriate, is a time-proven way to make a personal connection and build that network of support.
No matter the medium you use, the important thing is to connect with your policy makers on a professional and personal level. Developing strong, lasting relationships is absolutely essential to building a lasting network of support for the CAC/MDT model. NCA is well versed in corresponding with policy makers and can help you develop a strategy that works.
To advocate is to support, speak in favor of, recommend, defend, plead, or argue in favor of a cause or idea on behalf of others. While advocacy encompasses many different activities, the basic purpose is to represent and empower a disempowered population.
While lobbying is one type of advocacy, not all advocacy is lobbying. Advocacy in general casts a wide net. It might include organizing a group of interested parties to show general support or educating policy makers and the public about your cause or issue. You may inform your policy makers about how the funds you have received have helped the population you serve. You may educate them about the effects of specific policies on your constituency. And, you can invite them to visit your center to show them firsthand how you operate and how their support can make a difference. Such activities become lobbying if they call for specific action on introduced or pending legislation.
In general, lobbying refers to specific activities that are in direct support of or opposition to a specific piece of legislation that directly impacts your organization at the expense of other similar organizations. Lobbying may include asking a member of the legislature to vote for or against a bill or amendment, urging your membership to contact their legislator to urge them to take specific action on legislation, or preparing materials or organizing events in support of lobbying activities.
Each state may vary their definitions of what constitutes lobbying, so you should seek legal advice regarding the rules in your state. At the federal level, is not considered lobbying for CACs to call or speak to members about child abuse legislation that is more general and impacts the entire issue area. It would become lobbying when you seek to include CACs specifically in the bill that gives them a specific advantage not given to all child abuse service providers. For example, advocating for Erin’s Law, background checks in the schools or better trafficking laws would not be considered lobbying, unless the bill specifically discusses the role CACs play in it. Another example, advocating for Congress to release as much funding as possible from the Crime Victims Fund (CVF) for VOCA is not considered lobbying. It becomes lobbying if you advocate for Congress to specifically fund CACs out of the CVF.
There is often some confusion surrounding nonprofit organizations and the degree to which they are permitted to lobby. The truth of the matter is, not only do nonprofits have the right to lobby; they have a responsibility to do it. The only limitations to consider are how much lobbying you can do and retain your 501(c)3 status, and the extent to which you have unrestricted funds that can be used for lobbying activities. Also, it is important to note that nonprofits usually have a broad definition of what constitutes their advocacy efforts. There are generally two types of lobbying, grassroots and direct. Grassroots lobbying is encouraging the public to contact their policy makers to urge specific action on a specific piece of legislation. Direct lobbying is making direct contact with a policy maker to urge such action.
State Requirements
States have their own laws, rules and regulations that may apply to your lobbying efforts. These rules can vary widely from state to state. It is highly recommended that you research and learn these regulations in your state. To learn more about lobbyist registration and reporting requirements in your state you can contact your state Attorney General, Secretary of State, and or a state association of nonprofits.
In most cases one can register as a lobbyist for a nominal fee. In many cases it is not necessary for every individual who engages in lobbying activities to register as a lobbyist. However there are some advantages to being registered. Most states maintain a list of registered lobbyists and their related topics. Many law makers will use this list to identify people as resources for a particular issue. Again, you should check your local laws surrounding lobbyist registration and reporting requirements.
Federal Law makes clear that it is legal for nonprofit organizations to lobby:
In 1934, Congress specified that certain organizations could be exempt from federal income taxes, provided that, among other things, “no substantial part of the activities of” such organizations were to be used for the “carrying on propaganda, or otherwise attempting to influence legislation…” 26U.S.C.§501(c)3. This, in a sense, opened the door for nonprofit organizations to engage in lobbying efforts. However, it was left open to interpretation, to what extent these activities are acceptable without jeopardizing an organization’s tax-exempt status. What is the meaning of “no substantial part”?
What is the meaning of “no substantial part”?
These are murky waters indeed. As is often the case, this law is vague and open to interpretation. Because the loss of tax-exempt status would be devastating to many nonprofit organizations, the “insubstantial portion” test has always erred on the side of caution. According to the Alliance for Justice:
Most tax practitioners generally advise that charities can safely devote 3-5% of their overall activities toward lobbying… – The insubstantial part test defines lobbying as “carrying on propaganda, or otherwise attempting to influence legislation” and includes any communication that “contacts, or urges the public to contact, members of a legislative body for the purpose of proposing, supporting, or opposing legislation or advocates for the adoption or rejection of legislation. [1]
It is worth noting that activities that do not generate expenses (such as work completed by volunteers) do not count as lobbying.
Further, Federal lobbying rules on whether organizations need to register as a lobbyist are governed by with a 2-prong test:
501(h) election
In 1976, forty-two years later, Congress offered further clarification and afforded nonprofit organizations some clear definitions and guidelines in exchange for the reporting of related activities. Nonprofits can elect to be covered by these rules by “taking the 501(h) election.” It is recommended that State Chapters and local CACs explore the benefits of the 501(h) election and consult with their boards and local attorneys to determine if taking the 501(h) election is right for them.
Taking the election is simple. It requires filling out a one-page form, IRS Form 5768 and returning it to the IRS. Taking the election need only be done once and will remain in effect unless the organization actively revokes the election. If the election is taken, nonprofits are then required to report lobbying expenditures annually through the IRS Form 990.
Many 501(c)3 nonprofit organizations, including Children’s Advocacy Centers and State Chapters have chosen to take the 501(h) election.
A Comparison of the Rules for Nonprofits that Lobby
[2]
Using Certain Funds for Lobbying
All entities should exercise caution when using certain funds for lobbying. With few exceptions, nonprofits are not permitted to lobby with government funds whether received by way of “contract” or “grant.” As a condition of receiving federal grants, nonprofits must ensure that none of those funds are used to attempt to influence any federal or state legislation, through direct or grass roots lobbying campaigns as defined by the federal Office of Management and Budget (OMB). These rules are similar to the IRS rules. However, there are some differences. In general, nonprofits that receive government funds can lobby with their non-government funds provided that said funds are free from such a prohibition.[3] See Federal Acquisition Regulations (FAR), 48 C.F.R. §§ 31.205-22; 31-701 et seq. – See more at: https://www.councilofnonprofits.org/taking-the-501h-election#sthash.YWDxFdX5.dpuf
Election Activities
While it is clear that nonprofits are permitted to lobby, engaging in election activities is an entirely different story. According to the federal tax code “nonprofit organizations defined as 501(c)3 charities may not conduct partisan political activities in support of or opposition to a candidate running for public office.” The key word is partisan. Activities that are considered partisan include:
However, nonprofits can engage in non-partisan election activities such as promoting or assisting in voter registration, hosting candidate forums and perhaps, most importantly, continuing to do issue advocacy throughout the election cycle.
Public policy advocacy is absolutely essential to our overall mission. Often, our advocacy efforts require us to directly lobby for favorable policies. With your help NCA has established a powerful lobbying and advocacy presence at the federal level. NCA can help you develop a strategy to foster a similar presence at the state level. It is rare for an advocacy organization to have such wide-ranging support as CACs enjoy. Conceptually everyone supports our efforts. The merits of the CAC model are a lobbyists dream. Together we can usher these dreams into reality. The collective efforts of CACs/MDTs, state chapters, NCA, and policy makers can and will improve outcomes for children, families, and communities on the whole.
Conference Committee
Discharge of a Committee
Interim Committee
Joint Committee
Select Committee
Standing Committee
Subcommittee
Concurrent Resolution
Joint Resolution
Bolder Advocacy promotes active engagement in democratic processes and institutions by giving nonprofits and foundations the confidence to advocate effectively and by protecting their right to do so. Their goal is to demystify and decode advocacy by equipping organizations with knowledge and tools. They help organizations fully understand the rules and become assertive in their right to pursue their policy goals.
The National Council of Nonprofits (Council of Nonprofits) is a resource and advocate for America’s charitable nonprofits. Through a network of State Associations and 25,000-plus members – the nation’s largest network of nonprofits – they serve as a central coordinator and mobilizer to help nonprofits achieve greater collective impact in local communities across the country. They identify emerging trends, share proven practices, and promote solutions that benefit charitable nonprofits and the communities they serve.
To find your State Association of Nonprofits, follow the link below.
https://www.councilofnonprofits.org/find-your-state-association
This guide was developed by the National Alliance to End Sexual Violence and outlines the legislative process, tools you can use to take action, and ways to engage the media in your policy goals.
[1] Bolder Advocacy. (No date). Public charities can lobby. Retrieved from http://bolderadvocacy.org/wp-content/uploads/2012/06/Public_Charities_Can_Lobby.pdf
[2] Center for Lobbying in the Public Interest. (2006). Make a Difference for Your Cause; Strategies for Nonprofit Engagement in Legislative Advocacy. Retrieved from https://www.councilofnonprofits.org/sites/default/files/documents/Make_a_Difference_RG[1].pdf page 21.
[3] Center for Lobbying in the Public Interest. (2006). Make a Difference for Your Cause; Strategies for Nonprofit Engagement in Legislative Advocacy. Retrieved from https://www.councilofnonprofits.org/sites/default/files/documents/Make_a_Difference_RG[1].pdf page 22.
[i] USA.gov Retrieved from https://www.usa.gov/branches-of-government
[ii] What Every Lobbyist Should Know by Dr. Ronald Dear, Professor Emeritus, University of Washington School of Social Work Ref.: www.statepolicy.org/Newsletter%20Archives/Newsletter/Fall%202001.html