I’ll return on January 5th. Until then, I leave you with this funny take on the holidays…wait for it in verse two: women’s octet Venus d Minor sings their version of the holiday classic, Silver Bells.
The following is not intended as legal or tax advice. If your organization is embarking upon lobbying activity, you should consult a tax attorney, accounting firm, and other legal resources.
The question of whether to lobby—and whether it’s even possible for a nonprofit—comes up again and again. It’s true that the IRS has been more aggressive in questioning exempt status for organizations who are active politically–for example, the IRS’s NAACP case, which was eventually dropped. But the question really is…
Can your nonprofit succeed in its mission without engaging in the policies that affect the very people or places you were created to help?
Today’s Washington Post story about the Chesapeake Bay evokes that question as it assesses whether the Chesapeake Bay Foundation can clean up the bay while still refraining from being politically active. It’s a good question and one which nonprofits of all sizes should ask themselves.
Many nonprofits don’t even engage in the most basic policy activism because they fear for their tax exempt status. But legally, all nonprofits can engage in some non-partisan policy activities.
So which 501-c’s can lobby?
There are actually 28 different “501-c” designations by the IRS. Wow. We won’t be covering the bulk of these today. But most organizations fall under 501(c)3, (c)4 or (c ) 6.
Organizations with 501 (c) 3 status—public charities and foundations—can participate in lobbying as long as it is not a “substantial” part of their activities. More on this in a second.
A 501(c) 6 designation is usually reserved for trade associations and professional associations (known in IRS lingo as “business leagues.”) These entities are allowed to have lobbying as a primary activity, as long as they notify members how much of their dues go to such activities.
The 501(c)(4) exemption goes to civic leagues and other organizations operated exclusively for the promotion of “social welfare,” which the IRS defines as “civic betterment and social improvements.” This includes local associations of employees of a particular organization or neighborhood. These organizations have an unlimited ability to lobby for legislation and the ability to participate in political campaigns and elections. But the catch is that the organization must benefit society as a whole, not just its members.
So, if we’re a 501-c-3, why should we lobby?
The question really is, why not? Aren’t you part of a neighborhood? A broader community? A region? A state? A nation? Don’t the rules and regulations and actions of the key policy players affect you and the people you serve? I won’t deny it, 501-c-3’s have it the hardest time with lobbying because the definition of “substantial” is so squishy. But if you are focusing most of your staffing, budget and attention on your primary mission, you shouldn’t have anything to worry about (see disclaimer above, please!).
On the other hand, if you’re not politically engaged, you might have a lot to worry about–including the very substance of your work.
If you are a school, for example, then local and national education policies, land use policies, and rulings related to local traffic and roadways may all affect your institution and others like it. Staying engaged and being a voice as these policies are made or revised is vital not just to your institution, but to the broader community (in which other, more practiced voices might be louder). This is playing itself out on a very local level in my neighborhood, where a new land development project could reconfigure a major roadway and an independent school could lose its left-turn lane, and therefore access for most of its families. The school has become actively engaged as local leaders try to finalize the roadway plan. The key is that the lobbying activities do not promote a particular candidate or party, but rather a broader issue. Even universities, which often hire government relations staff, do not lose their exempt status for their engagement in public policy.
As a nonprofit, you may feel you have enough challenges already and want to play it safe on lobbying. But if your issue is saving your school, or saving the entire Chesapeake watershed, then not raising your voice might kill you. Literally.
For more resources on nonprofit status and lobbying, see Boardsource, Independent Sector’s excellent guidelines and the IRS’s own “Stay Exempt” resource, among others.
Does your nonprofit lobby? On what issues? Or do you strongly feel it shouldn’t? Please share your views!
Nonprofits have competitors in the marketplace, just like anyone else.
Environmental groups compete in a highly cluttered landscape of urgent causes. Independent schools compete against other independent schools, but also against public magnet schools and charter schools. American social justice organizations working internationally “compete” with local NGOs and other equally committed nonprofits. These are just a few examples.
Nonprofits usually recognize they have competitors, but they also think of them as peers. So they are sometimes late to take action when a peer is taking market share.
What can nonprofits—including government agencies and programs—do to compete better? Here are some steps you can take right away.
Step 1: Recognize Your Competition. Really drill down into who/what is competing with your organization, your cause or your message. This includes things as mundane as local soccer tournaments on the same night as your auction to more high-level issues like competing with an older organization with a stronger brand presence in the market. Or, a common problem for older organizations: competing with an out-dated version of yourself!
Step 2: Analyze Them. Most companies in the for-profit world know exactly what their competition is doing at any given time. I understand that the reason the Hershey chocolate tour is totally produced for the visitor these days is that the folks from the M&M Mars factory not far away used to take the old tour through the real factory to check on any new techniques or products. Get copies of your competitors’ outreach materials and see how they stack up against yours. What do you like or not like? What makes them stand out?
Step 3: Analyze Yourself. What’s Your UCV? “Unique Selling Proposition” is the term used in the for-profit world, so I like to use “Unique Community Value” for the nonprofit world. What value do you bring to the community like no-one else? What does your work accomplish? What would happen if you weren’t there to help?
Step 4: Differentiate Your Brand. What messages convey your brand value and UCV? What stories can you tell that set you apart? What visuals can help support the emotional sell of your brand?
Step 5: Use Metrics. How will you measure your success in your market space? How will you know if you are decreasing or increasing in market share? Email surveys, behind-the-scenes research, and focus groups can all help in this area, in addition to your usual web hits, Google Alerts and email open response metrics.
Step 6: Rinse and Repeat. You need to keep up this cycle to be sure no competitor takes a bite out of your space (or to assess how you are doing in taking a bite out of theirs!).
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