NonProfit Organizations & Advocacy

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There is a lot of misinformation on what a nonprofit can and cannot do when it comes to advocating for its interests and the needs of the communities they serve. As a result, nonprofit leaders and boards often disengage from necessary advocacy because they fear endangering the organization’s nonprofits charitable status. Nonprofit arts and cultural organizations are trusted by their members and communities to rely factual information and building community cohesion. This includes engaging in civic dialogue, advocacy and voter education. But Nonprofit organizations are very much allowed to advocate and together we can build a more equitable and inclusve creative sector that serves every resident of the Commonwealth.

• What is Advocacy and What is Lobbying?

  Advocacy, or asking for what you need is an important part of our daily lives. As nonprofits, we ask for what our organizations and our constituents need all the time. Here are a few types of advocacy:

  1. Educate: provide information to your community on the issues that matter to your organization, hold training or workshops, and educate elected officials on the role and impact of your organization’s work in their district.

  2. Research: conduct data collection, publish white papers, and share case studies that effectively tell the story of your issue.

  3. Lobby:

     1. Directly communicate with an elected official or government worker on legislation, government spending, or a specific decision that you want them to take.

     2. Encourage your staff, board of directors, or community members to directly communicate with their elected officials or government employees regarding legislation, government spending, or a specific decision that you want them to take

     3. Publicly express your organization’s position (in support or opposition) on legislation, government spending or a specific decision you want your elected officials to take.

  According to the IRS, 501(c)3 organizations are allowed to pursue unlimited research and education advocacy. It is only when your advocacy efforts fall under the definition of lobbying that you must carefully track and limited your efforts.

  Nonprofits are allowed to conduct an insubstantial amount of lobbying in relation to issues that are aligned with the organization’s mission. While the IRS has not officially defined what amount is considered insubstantial. Most organizations limit their lobbying activities to 3-5% of their overall activities.

  Check our Bolder Advocacy’s Public Charities Can Lobby resource for more information.

• Nonprofit Advocacy Do's & Don'ts (& Sometimes)

  Here is a quick rundown of things a nonprofit can do, cannot do and can do in moderation:

  Do:

  1. Invite your elected officials and their staff to see your organization’s work and programs.

  2. Share relevant news, data, and updates on your organization with your elected officials and their staff.

  3. Encourage your board of directors and staff to connect with their elected officials and share why they believe in your organization’s work.

  Don’t:

  1. Nonprofit organizations cannot make donations or in-kind gifts to elected officials.

  2. Nonprofits cannot provide staff with funds to attend political fundraisers.

  3. Nonprofits cannot provide free space for elected officials to hold political fundraisers

  4. Nonprofits cannot share their mailing list with an elected official or their staff.

  Do In Moderation:

  These actions qualify as lobbying and should be tracked to ensure your organization meets the insubstantial lobby guidelines.

  1. Staff, on behalf of the organization, reach out to elected officials and their staff in support of or opposition to specific legislation.

  2. Staff, on behalf of the organization, communicate with elected officials or their staff regarding government spending decisions.

  3. Author an Op-Ed or Letter to the Editors that specifically supports or opposes specific legislation.

  4. Sending emails, posting to social media, or sharing literature that encourages constituents to communicate with their elected officials in support or opposition to legislation and government spending decisions.

• What Can Nonprofts Do During Elections?

  Elections are a time when communities consider their future and discuss pressing issues. As trusted community leaders, cultural organizations play an important role in disseminating important information to voters.

  Below are some useful ways nonprofits can engage in election seasons

  501(c)3’s CAN:

  1. Share information on registering to vote and the voting process.

  2. Conduct voter registration events.

  3. Encourage voter participation and turn-out

  4. Encourage participation in the census and educate its community on the importance of the Census.

  5. Distribute voter guides with all questionnaire responses from candidates.

  6. Send policy papers or information on important issues to candidates.

  7. Distribute questionnaires to candidates asking for their positions on issues.

  8. Host candidate forums for candidates to share their positions with voters.

  Please note: When sharing information or conducting events with candidates, 501(c)3’s must make every effort to communicate and engage all candidates running for a particular office.

  501(c)3’s CANNOT:

  1. Endorse or publicly support a candidate running for office.

  2. Make campaign contributions for or against a candidate.

  3. Provide in-kind support (free event space, sharing contact lists, or consulting on campaigns.)

  4. Host a fundraiser for a candidate.

  5. Invite a candidate to speak to staff, board of directors, or members without inviting all candidates to speak.

  6. Write, contribute to, or give feedback on the candidate’s platform or policy priorities.

  7. Rank or compare candidates on special interest legislation or policies.

• Additional Resources

  Bolder Advocacy is a nonprofit dedicated to helping nonprofits increase their advocacy efforts. They have a library of useful resources and conduct training.

  Nonprofit Vote offers resources for engaging in elections and remaining nonpartisan.

  MA Secretary of State in addition to following federal IRS guidelines, nonprofits in Massachusetts must ensure they follow state laws regarding lobbying. The Secretary of State’s website provides important information regarding lobbying registration requirements.

  Please note most nonprofits will not need to register in the lobbying system. Be sure to consult with your legal advisors.

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