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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
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
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
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)
$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
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
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
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
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
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
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
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
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
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
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
• 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
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
www.afj.orgfor fact sheets and publications
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