Protecting Nonprofit Advocacy and Lobbying

An important part of CLPI's mission is to protect nonprofit advocacy and lobbying rights. Nonprofit engagement in the public policymaking process allows 501(c)(3)s to educate their communities and policymakers on legislative issues relevant to their causes.  The contribution of nonprofit voices to the public policymaking process results in a stronger and more just democracy, and enables nonprofits to better achieve their missions. CLPI works to protect and expand nonprofit advocacy and lobbying rights by working in coalition with other organizations to prevent the erosion of those rights, and to encourage a policymaking environment receptive to nonprofit engagement. 

The Nonprofit Advocacy Coalition

CLPI along with the Alliance for Justice, National Committee for Responsive Philanthropy, National Council of Nonprofit Associations, and OMB Watch co-convened the Nonprofit Advocacy Coalition in response to threats to 501(c)(3) nonprofits' ability to actively engage in the public policy process.  The coalition monitored the nonprofit and political environment to ensure that 501(c)(3) nonprofits maintain their right and ability to speak to elected officials and the public on policy issues relevant to their missions and those they serve.

Nonprofit Lobby Simplification Coalition

The Nonprofit Lobby Simplification Coalition is a "left/right" coalition of public charities (501(c)(3) nonprofits) lobbying for a provision that would simplify the lobbying rules for such organizations. Currently, 501(c)(3) nonprofits must keep two sets of records of their lobbying expenditures: one for their direct lobbying expenditures and another for their grassroots lobbying expenditures. Having to keep two sets of records increases administrative confusion and compliance burdens. As a consequence, this burden deters public charities from working towards their missions through engagement in the public policy process, particularly for small, local public charities.

The Nonprofit Lobby Simplification provision would not increase the total amount of permissible lobbying by public charities, but it would eliminate the 1/4 cap on grassroots lobbying expenditures. While still leaving public disclosure of lobbying expenditures by public charities in place, the provision would lead to more accurate recordkeeping and public reporting by 501(c)(3) nonprofits and would improve IRS oversight and enforcement of the overall nonprofit lobbying limit. As a result, public charities will be more likely to use legislative advocacy as an effective tool for achieving their missions and serving their communities.  

The CARE Act, awaiting committee action in both the Senate (S.1780, Santorum/Lieberman) and House (H.R. 3908, Blount/Ford), includes the Nonprofit Lobby Simplification provision. The provision has been endorsed by charities spanning the ideological spectrum, including YMCA of the USA, American Heart Association, Goodwill Industries International, Family Research Council, National Audubon Society, Focus on the Family, Alliance for Justice, Independent Sector, Center for Lobbying in the Public Interest, National Council of La Raza, Concerned Women for America, National Council of Nonprofit Associations, OMB Watch, and United Way of America. Contact CLPI Program Director, Jim Hudson, for more information.

• Testimony: Statement of Elizabeth M. Heagy, Esq., CLPI President - November 16, 2005

CLPI Comments on Proposed FEC Rulemaking

In August 2005, the Federal Election Commission (FEC) issued a Notice of Proposed Rulemaking.  The proposed rules, meant to regulate federal campaign finance, could severely limit the ability of nonprofits to use broadcast media for advocacy and to encourage citizen participation in public policy debates.  Specifically, the FEC is reviewing rules that exempt 501(c)(3) organizations from a provision meant to limit campaign attack ads funded with soft money.  View CLPI's comments to the FEC on the proposed rulemaking and view this article by OMB Watch for a more detailed description of the issue.