Advocacy Toolkit
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Lobbying Regulations for 501 (c)3 Organizations
Centers for Independent Living and other non-profit organizations can and should engage in lobbying activity. The IRS rules are written to encourage non-profits to have a voice in the shaping of laws and policies that impact the lives of their constituents.
There is an option under the IRS rules that allows 501c3's to "elect" under section 501h and spend a clearly defined amount of money on lobbying activity. An organization that chooses the 501h expenditure test does not put their tax exempt status at risk unless they spend more than 50% of their budget on lobbying activity over a four year time period. This is a much safer and broader option than the alternative, which is to spend an "insubstantial" amount on lobbying — a vague term that is generally interpreted to mean around 5% of the organization's budget.
The Alliance for Justice is an excellent resource for questions regarding legal issues around non-profit advocacy. You can find more detail on the amount and types of lobbying activity permitted by the IRS at their website www.allianceforjustice.org/nonprofit/about/faq/Lobbying.html.
Tips for Lobbying in Person
Personal lobby visits are the most persuasive tool for affecting our issues in the legislature. Legislators assume that an individual who takes the time and effort to go to the capitol must believe in the issues very strongly, and takes that visit very seriously. Following are some tips for a successful lobby visit:
- MAKE AN APPOINTMENT—This isn't absolutely necessary, but some legislators appreciate it and it guarantees that you will not waste a trip to see them.
- BE FRIENDLY TO THE STAFF—They can be very helpful in making sure you get to see your legislator.
- KNOW YOUR LEGISLATOR—Collect background to get ideas about how to approach your legislators and secure their support for your issue.
- DON'T BE INTIMIDATED—They are your employees and have a responsibility to meet and listen to their constituents.
- BE PREPARED
- INTRODUCE YOURSELF
- STATE AND EXPLAIN YOUR POSITION
- SHARE YOUR EXPERIENCES
- LET THE LEGISLATOR TALK—This can give you valuable information on their views and whether or not there is any chance of affecting their vote.
- ANSWER THEIR QUESTIONS—If you do not know the answer, tell the legislator you will find the answer and get back to him or her.
- ASK YOUR LEGISLATOR IF SHE OR HE WILL VOTE IN SUPPORT OF YOUR ISSUE
- DON'T GET INTO ARGUMENTS
- DON'T THREATEN LEGISLATORS
- BE POLITE
- SAY "THANK YOU"
Tips for Writing a Letter
Letters are used by Legislators as one way to measure public opinion in their district. Legislators count the pieces of mail FOR and AGAINST every issue. Here are some tips for a successful letter:
- IDENTIFY YOURSELF—Include your name and address.
- COVER ONLY ONE TOPIC PER LETTER—If you have more than one issue to raise, write another letter.
- INCLUDE THE BILL NUMBER—This shows the legislator that you are serious about the issue and are keeping a close watch on the progress of the bill.
- SELL YOUR POSITION—Be brief and concise. Type/print clearly so your letter is easy to read. State your position and exactly what you want the legislator to do in the first paragraph, then give reasons for your position.
- DON'T THREATEN LEGISLATORS
- REQUEST A REPLY—Ask for their position on the issue.
- BE HONEST—Never lie.
- SAY "THANK YOU"
SAMPLE LETTER
Date
Honorable _________________
Missouri Senate (or House) Post Office
Jefferson City , MO 65101
Dear Senator (or Representative) ________________
As you work on prescription drug legislation for the Special Session, we urge you to include a provision increasing the Medicaid income eligibility to 100% of poverty for individuals who are over 65, permanently and totally disabled or blind.
I believe this because…
Thank you for your support.
Sincerely,
Tips for Testimony
When speaking before a committee regarding proposed law, it is referred to as a 'testimony'. This is a wonderful opportunity for citizens to persuade legislators. The following suggests a few tips for a successful testimony:
- Introduce yourself; say why you are there and any relevant background information.
- Be brief and to the point. This will keep the committee interested. Try not to repeat what others have said.
- Clearly state your position on the bill (i.e. I support Medicaid spend down and urge you to vote for it). Then state the reasons for your position.
- Don't try to be more of an expert than you are — just give your own reasons for your position, in your own words. If you don't have the answer to a question, be honest about that, then commit to getting the answer for the committee members in the very near future. Your sincerity is a valuable asset.
- Give examples to support your position.
- Don't read you statement. Use eye contact with the committee members.
- End your remarks by thanking the committee and offering to answer any questions they have.
- Dress neatly; appearance is important to some. But, dress comfortably so you can relax and be yourself.
