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Advocacy 101 April 27, 2011 Organizing Public Education Educate Legislators Nonpartisan Voter Ed. PARTISAN POLITICAL LOBBYING Get to Know Legislators Educational Conferences Research Lobbying Exceptions Organize a Rally Training Regulatory Efforts Litigation Avenues for ADVOCACY Continuum for Organizing and Advocacy Work Advocacy Community Organizing For Many Groups Effective Evaluation Requires Both Models

Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

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Page 1: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

Advocacy 101April 27, 2011

Organizing

Public Education

Educate Legislators

Nonpartisan Voter Ed.

PARTISAN POLITICAL

LOBBYING

Get to Know Legislators

Educational Conferences

Research

Lobbying Exceptions

Organizea Rally

Training

Regulatory Efforts

Litigation

Avenues for ADVOCACY

Continuum for Organizingand Advocacy Work

Advocacy Community Organizing

For Many Groups Effective Evaluation Requires Both Models

Page 2: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

Continuum for Organizingand Advocacy

Power, Some PolicyPolicy

& Power

Policy,SomePower

Mainly Policy

Mainly Power

Advocacy Community Organizing

Groups May Self-Define Differently!

Similarities:Organizing and Advocacy

• Social good, passion• Long-term• External factors, changes in course• Complex processes• Capacity building critical• Not easy to measure• Self evaluation important

Differences:Organizing and Advocacy

• Empowerment vs Policy Influence• Focus on democratic leadership• Social justice focus• Leadership development• Attitudes, Culture

Page 3: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

AFJ ADVOCACY CAPACITY INDICATORS

I. Organizational Indicators:

Decision making structures

Advocacy Agenda

Organizational commitment/resources

II. Relationship Indicators:

Advocacy base

Advocacy partners

Advocacy targets

III. Strategy/ Knowledge & Skills Indicators:

Media skills and infrastructure

Issue expertise

Advocacy strategies

Knowledge, skills, and systems to effectively implement strategies

I. Organizational Indicators:

Organizing commitment/resources

Fiscal Sustainability

Constituent leadership in decision-making

II. Empowerment/Constituent Leadership

III.Indicators:

Constituents understand concepts of organizing

Constituent leadership is developed and utilized

Constituents develop Political Consciousness and Sense of Empowerment

III.Strategy/ Knowledge & Skills Indicators:

Media Skills and Infrastructure

Community Organizing Strategy

Staff/Constituent Relations

Knowledge, skills, and tools to obtain organizing outcomes

AFJ DRAFT COMMUNITY ORGANIZING CAPACITY INDICATORS

Overview ofLEGAL RULES

LCV Education Fund

501(c)(3) 501(c)(4)Political

Organizations

Examples

Tax Treatment

LobbyingActivities

ElectoralActivities

Alliance for Justice

LCV

AFJ Action Campaign

Donations tax-deductible

Tax-Exempt

Private Foundation grants

Tax-Exempt

Donations may be subject to gift tax

Tax-Exempt

Limited

Follow federal and state disclosure laws

Unlimited

Follow federal and state disclosure laws

Rare and usuallytaxable

Cannot support or oppose a candidate

for office

Usually, sole activity

Secondary activity

Follow federal and state election law

IndependentEmily’s List

Connected/SSFLCV PAC

Page 4: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

Federal Tax Law:501(c)(3) only

Limits lobbying (including ballot measures)Lobbying at every level of govt.

No partisan political activityReport on IRS Form 990

State Lobbying Disclosure Law:All entities

State level onlyRegistration and reporting

Federal Lobbying Disclosure Act:All entities

Federal level onlyRegistration and reporting

State Election Law:All entities

State level onlyBallot measures

INSUBSTANTIAL PART TEST1. What is “insubstantial”?

2. Default test

3. Activities-based

4. Lobbying not defined

5. Penalty

or

501(H) EXPENDITURE TEST1. Dollar-based limits

2. One-time election – IRS Form 5768

3. Expenditures only

4. Definition of lobbying

5. Penalty less severe

How much LOBBYING?

ANNUAL EXPENDITURES OVERALL LOBBYING LIMIT$500,000 or less 20%

$500,000 to $1 million $100,000 +15% of excess over $500,000

$1 million to $1.5 million $175,000 +10% of excess over $1 million

$1.5 million to $17 million $225,000 + 5% of excess over $1.5 million

Over $17 million $1,000,000

1. Calculate organization’s

2. Overall lobbying limit

3. Grassroots lobbying limit is 25% of overall limit

“Exempt Purpose Expenditures”

LOBBYING LIMITS under 501(h)

Page 5: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

$100,000

Education & Non-Lobbying

Advocacy

TOTAL LOBBYING LIMITSfor 501(c)(3)s making the 501(h)

election with annual expenditures of $500,000

Overall Lobbying Limit

Grassroots Lobbying Limit

Grassroots

Direct

$25,000

What isLOBBYINGunder 501(h)?

DIRECT

Communication

Legislator

Expresses a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

DIRECT

Communication

Legislator

Expresses a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

Page 6: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

DIRECT

Communication

Legislator

Expresses a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

Federal Members of Congress

State State Legislature

Local City Council, County Board of

Supervisors

DIRECT

Communication

Legislator

Expresses a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

President, governor, mayor or other executive official who participates in the formulation of legislation

Page 7: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

When is Secretary of the Louisiana Department of Transportation & Development Sherri LeBas a “legislator”?

DIRECT

Communication

Legislator

Expresses a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

DIRECT

Communication

Legislator

Expresses a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

NOT Legislators

Board of Education

Page 8: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

SPECIAL “LEGISLATOR”RULE

Members of the general public are “legislators”

DIRECT

Communication

Legislator

Expresses a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

DIRECT

Communication

Legislator

Expresses a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

Page 9: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

DIRECT

Communication

Legislator

Expresses a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

DIRECT

Communication

Legislator

Expresses a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

Page 10: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

Regulations

Executive Orders

Enforcement of Existing Laws

Litigation

NOT Specific Legislation

CALL TO ACTION

DIRECT

Communication

Legislator

Expresses a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

DIRECT

Communication

Legislator

Expresses a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

Page 11: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

DIRECT

Communication

Legislator

Expresses a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

DIRECT

Communication

Legislator

Expresses a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

TELLING TO CONTACTlegislator(s)

PROVIDING ADDRESS,telephone number, and/or other contact

information of legislator(s)

PROVIDING MECHANISMto enable communication

with legislator(s)

IDENTIFYINGlegislator(s)

DIRECT

Communication

Legislator

Expresses a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

Page 12: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

DIRECT

Communication

Legislator

Expresses a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action Not Lobbying

DIRECT

Communication

With a legislator

Expressing a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

DIRECT

Communication

With a legislator

Expressing a view about specific

legislation

GRASSROOTS

Communication

General public

Expresses a view about specific

legislation

Call to action

Page 13: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

Nonpartisan analysis, study, or research

Request for technical assistance

Self defense

Examinations and discussions of broad social, economic, and similar problems

Lobbying EXCEPTIONS

MUST

Full and Fair Discussion

Broadly Disseminated

MAY

Express a View

Indirect Call to Action

Subsequent Grassroots Lobbying

Nonpartisan ANALYSIS

Technical ASSISTANCE

MUST

Invitation in Writing on behalf of Committee

Available to allmembers of Committee

MAY

Express a View on Specific Legislation

Page 14: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

Self-DEFENSE

MUST RELATE TO

Powers and Duties

Tax-Exempt Status

Deductibility of Contributions

SHOULD

Consult with Attorney

Examinations &

DISCUSSIONS

NO SPECIFIC LEGISLATION

Blue Ribbon Panel

Annual Reports

Early Stages of Policy

Development

NO CALL TO ACTION

Communication Does not Include Call to

Action

Keeping TRACK

Page 15: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

REASONABLEallocation

501(h)

Direct Costs

Staff Time

Overhead

INSUBSTANTIAL PART

Volunteers

Donated goods or services

Activities Specified on Form 990

$15,000

Overhead

10% Direct

Lobbying

5% Grassroots Lobbying

$1100$2310Total Expenditures

Cost Center Direct Grassroots

Direct Costs $60 $100

Staff Time $750 $250

Overhead $1500 $750

501(c)(3)charitable, religious, scientific, educational, literary organizations

Tax exemptTax deductible contributions

Limits on lobbyingNo partisan election-related activities

Public Charity / Public Foundationcommunity foundations, community trusts,

women’s funds, re-grantors

Private Foundationfamily foundations, corporate foundations,

private operating foundations

-Broad public funding support

-Carries out own programsand/or makes grants

-May engage in or fund lobbying (within limits)-May engage in non-lobbying advocacy, without limits

-Limited sources of funding

-Makes grants to public charities-Mandatory annual distribution

-Lobbying expenditures subject to tax-May not earmark grants for lobbying; may fund grantees that lobby-Restrictions on funding voter registration drives

Page 16: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

• Both public and private foundations can fund advocacy, including lobbying

• Private foundations cannot earmark grants for lobbying without incurring a taxable expenditure

• A grant earmarked for lobbying counts against a public foundation’s lobbying limits

Earmark: To designate for a specific purpose

Communicating with FUNDERS

General Support Grants

Specific Project Grants

Private foundations should not EARMARK grants for lobbying /

voter registrationbut…

Private foundations may FUND grantees that lobby /

do voter registration$$$

General Support Grants

Specific Project Grants

Private foundations may fund

grantees that lobby

Safe HARBORS

Page 17: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

Foundationgrant

≤Specific project’s

non-lobbying component

Specific Project Grants

Specific Project Grant Example

$50,000 Grantfrom

Foundation 1

$50,000 < $60,000

No taxable expenditure

$50,000 Grantfrom

Foundation 2

$50,000 < $60,000

No taxable expenditure

$100,000Project Budget:

Project Budget

Lobbying $40,000Non-lobbying $60,000

WEST COASTAlliance For Justice

1611 Telegraph AvenueSuite 1006

Oakland, CA 94612510-444-6070

EAST COASTAlliance for Justice11 Dupont Circle, NW2nd FloorWashington, DC 20036202-822-6070

[email protected]

www.afj.orgfor fact sheets and publications

Page 18: Advocacy Community Organizing - Giving in Action · by Marjorie Fine of the Center for Community Change • “Do-it-Yourself Evaluation of Community Organizing” videos, created

Resources for Evaluating Community Organizing

• An Evaluation of the Ford Foundation's Neighborhood and Family Initiative,by Robert J. Chaskin, Selma Chipenda-Dansokho, Mark Joseph, and Carla Richards, a report by the Chapin Hall Center for Children at the University of Chicago

• Creating Change through Community Organizing: Funding Strategies That Develop Local Leadership and Build Collective Power,by Marjorie Fine of the Center for Community Change

• “Do-it-Yourself Evaluation of Community Organizing” videos,created by Blueprint Research & Design.

• Grassroots Action and Learning for Social Change: Evaluating Community Organizing,by Catherine Crystal Foster & Justin Louie

• Movement Building Indicators,by the Asian Communities for Reproductive Justice

• Organizer Training and Bi-annual Strategic Evaluation and Organizer Evaluation,by Rabbi Moshe Ben Asher of Gather the People

More…

Available at the Alliance for Justice Website: www.afj.org/RECO