Community Partners is granted tax exemptions by the California Franchise Tax Board and the United States Internal Revenue Service (IRS). These exemptions come with strict guidelines regarding political activities and legislative lobbying. It's crucial for Project Leaders, staff, and volunteers to understand the clear distinction between what is and is not lobbying to ensure compliance with these laws.
What is Lobbying?
Lobbying refers to activities that attempt to influence legislation or government decisions. It includes efforts aimed at persuading lawmakers, government officials, or the public to adopt specific legislation, policies, or regulations. Under 501(c)(3) laws, lobbying is strictly regulated.
There are two primary types of lobbying under IRS rules:
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Direct Lobbying: This is when you directly communicate with a legislator or government official in an effort to influence legislation. For example:
- Meeting with a member of the legislature to advocate for or against a bill.
- Sending emails or making phone calls to policymakers urging them to vote a certain way on a specific issue.
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Grassroots Lobbying: This involves urging the public to take action on specific legislation. For example:
- Organizing a campaign to ask the public to contact their legislators to support or oppose a bill.
- Collecting petition signatures for a specific legislative issue.
What is NOT Lobbying?
On the other hand, activities that are not considered lobbying include:
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Public Education: Educating the public about an issue without advocating for a specific legislative action. For example:
- Hosting an informational event or providing materials about an issue without encouraging a specific action.
- Discussing the importance of a topic without urging the audience to contact their legislators.
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Non-partisan Voter Education: Providing information to voters on the issues and candidates, as long as it is unbiased and non-partisan. For example:
- Distributing information about candidates’ positions without endorsing or opposing any one candidate.
- Organizing voter registration drives without endorsing any political party.
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Research and Policy Analysis: Sharing findings and recommendations related to an issue, as long as it does not directly urge a specific legislative outcome. For example:
- Publishing reports or research that provide a deep dive into an issue, but do not directly advocate for legislation.
What is Allowed Under 501(c)(3) Laws?
501(c)(3) organizations, like Community Partners (and by extension your project), are allowed to engage in some lobbying activities, but these must be limited in scope and measured. The IRS allows lobbying as long as it does not become the primary activity of the organization. If lobbying exceeds certain thresholds, it can jeopardize the tax-exempt status of the organization. In partnership with your project, Community Partners will monitor your lobbying activities to ensure we are under the allowable lobbying threshold.
How to Engage in Advocacy Safely: Guardrails & Resources
While advocacy and lobbying are important tools for driving social change, it’s essential that you stay within the law to protect our tax-exempt status. Here are some key guidelines to ensure you engage in advocacy safely:
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Get Approval Before Engaging in Lobbying: Always obtain approval from Community Partners before participating in lobbying activities. We want to ensure that all activities comply with the legal framework for 501(c)(3) organizations.
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Track Your Lobbying Activities: We provide a lobbying activity worksheet to help you track and report any lobbying efforts you engage in. This tool will assist you in staying within legal limits and maintaining transparency. Be sure to regularly update this worksheet.
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Limit Lobbying to a Minor Portion of Your Activities: Remember, lobbying should not be the primary focus of your project. Keeping lobbying efforts to a small percentage of your overall activities ensures compliance with IRS guidelines.
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Non-partisan Political Engagement: Staff, volunteers, and leaders may not engage in activities that support or oppose political candidates or parties during working hours or in their capacity as project representatives. However, individuals are free to express their personal political views on their own time.
How We Support You
We understand that advocacy is essential for creating social change, and we want to support you in doing it safely and effectively. Community Partners is here to provide guidance and resources to ensure you stay within the legal guardrails while making a positive impact in your community.
If you have questions about what activities are considered lobbying or need assistance with compliance, please reach out to our team by emailing insurance@CommunityPartners.org. We’re here to help you navigate these regulations and empower you to engage in meaningful advocacy for your cause.
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