Question: 501c3 and politics

[Irrelevant]

I'm unfortunately president of our local sportsman's assoc.

One of the issues long-time board members keep bringing up is that we can't voice our opinions on legislative issues due to our tax status as a 501c3. But I see other non-profits talk about conservation issues so there must be some leeway.

Does anyone know of some general guidelines for navigating this space? I found the IRS has some incredibly not helpful info here: https://www.irs.gov/charities-non-p...ical-campaign-activity-of-501c3-organizations

Any assistance is much appreciated.

 

[Schaaf]

@Ben Lamb would know but I believe a 501c3 can use up to 20% of its budget on active lobbying. You can talk about all the legislative issues you want.

"Dumping Poison in the Columbia is bad for fish" Okay

"Cathy McMorris Rodgers likes to dump poison in the Columbia and that's why you shouldn't vote for her" Probably not okay.

 

[Big Fin]

When we formed our local rod and gun club, we knew we would bump into some of those issues. So, we formed under the non-profit laws of our state, but we did not go through the IRS qualifications under 501(c)(3). As a result, donations or dues to our group was not deductible. And nobody ever asked that we go the qualified 501(c)(3) route. It made life a lot easier and when thin-skinned folks threatened to report us to the IRS, I just laughed and told them to have at it.

 

[Irrelevant]

@Ben Lamb would know but I believe a 501c3 can use up to 20% of its budget on active lobbying. You can talk about all the legislative issues you want.

"Dumping Poison in the Columbia is bad for fish" Okay

"Cathy McMorris Rodgers likes to dump poison in the Columbia and that's why you shouldn't vote for her" Probably not okay.

How about pushing the County Commissioners and planning department to draft language requiring all domestic sheep and goats within bighorn sheep range to be tested or have exclusion fencing? I say yes. They say no. How do we decide who's right?

 

[Irrelevant]

When we formed our local rod and gun club, we knew we would bump into some of those issues. So, we formed under the non-profit laws of our state, but we did not go through the IRS qualifications under 501(c)(3). As a result, donations or dues to our group was not deductible. And nobody ever asked that we go the qualified 501(c)(3) route. It made life a lot easier and when thin-skinned folks threatened to report us to the IRS, I just laughed and told them to have at it.

That sounds nice, but I don't have a working time machine to go back to the 40's and offer them that guidance. Sorry, a bit too much snark.

Did you run into fund raising problems not being a non-profit?

 

[Big Fin]

That sounds nice, but I don't have a working time machine to go back to the 40's and offer them that guidance. Sorry, a bit too much snark.

Did you run into fund raising problems not being a non-profit?

Got it. I thought you were thinking of forming a new organization, not taking over an existing organization.

Nope no fund raising problems. We didn't really work hard on fundraising though.

Like Schaaf said, @Ben Long is your guy for these questions.

 

[Wallydeuce]

I hunted in the not for profit jungle for a large part of my career. Having a 501 (c) (3) tax exempt status does not strip an organization of their first amendment rights. You just can't spend the majority of your income lobbying elected officials. 96 IRS agents aren't going to break down your door for advocating for your cause in front of a camera.

 

[Schaaf]

How about pushing the County Commissioners and planning department to draft language requiring all domestic sheep and goats within bighorn sheep range to be tested or have exclusion fencing? I say yes. They say no. How do we decide who's right?

You are correct and they are wrong.

Good luck getting ahold of an IRS agent to confirm it for them.

 

[SAJ-99]

How about pushing the County Commissioners and planning department to draft language requiring all domestic sheep and goats within bighorn sheep range to be tested or have exclusion fencing? I say yes. They say no. How do we decide who's right?

They decide. Your question sounds like “what is the definition of lobbying”?

 

[kwyeewyk]

That scenario makes me think of non profit groups pushing county planning departments to require fire safe building materials and similar. I don't know any of the details or IRS status for these groups but seems like there must be some leeway as you say.

 

[FI460]

Is it a solo association or is it a chapter affiliate of a bigger group?

I'm the president of a local chapter of a statewide association. The state powers are pretty strict about what we're allowed to publish.

The homework I've done on the subject suggests that @Schaaf is correct in his interpretation, but if there's a bigger organizational hierarchy it can cause headaches.

 

[Ben Lamb]

@Ben Lamb would know but I believe a 501c3 can use up to 20% of its budget on active lobbying. You can talk about all the legislative issues you want.

"Dumping Poison in the Columbia is bad for fish" Okay

"Cathy McMorris Rodgers likes to dump poison in the Columbia and that's why you shouldn't vote for her" Probably not okay.

The first step any group that is considering lobbying should do is call a competent non-profit lawyer. With that, I am not a lawyer, nor do I pretend to be one, so take this with a grain of salt and if you decide to do something, make sure you are correct by contacting a lawyer. If your group has a relationship with larger non-profits like the National Wildlife Federation, they can help supply their legal team on stuff like this.

I believe that the hard & fast rule is 501 (C)3's can only spend up to 10% of their budget lobbying. That means paid activity, advertising, meals, entertainment, symposiums, etc. Several groups that do not have hired professional staff that lobby for them have volunteers, and so the lobby cap doesn't necessarily apply to them in terms of labor, just overall expenses.

A lot of what some folks would call lobbying is really just education. As others have pointed out: lobby work is directly asking an elected official to cast a vote on specific legislation one way or another. That applies if you are doing member outreach through print, television or digital ads asking people to contact an elected officials and asking them to vote a specific way as well, IIRC.

Bolder Advocacy has some really good materials on this, @neffa3. It's worth spending some time on their website. I'll see if I have any current materials from them and shoot you a pm as well.

The TLDR is: 501 (C) 3's are legally allowed to lobby within a specific rule set. Follow those rules, and you'll be fine. Make sure you run anything past a lawyer so you have higher confidence of your legality, and if it's important enough to take a stand on, it's important enough to do it right so you don't put your organization's tax status in jeopardy.

 

[ChaosOneZero]

The first step any group that is considering lobbying should do is call a competent non-profit lawyer. With that, I am not a lawyer, nor do I pretend to be one, so take this with a grain of salt and if you decide to do something, make sure you are correct by contacting a lawyer. If your group has a relationship with larger non-profits like the National Wildlife Federation, they can help supply their legal team on stuff like this.

I believe that the hard & fast rule is 501 (C)3's can only spend up to 10% of their budget lobbying. That means paid activity, advertising, meals, entertainment, symposiums, etc. Several groups that do not have hired professional staff that lobby for them have volunteers, and so the lobby cap doesn't necessarily apply to them in terms of labor, just overall expenses.

A lot of what some folks would call lobbying is really just education. As others have pointed out: lobby work is directly asking an elected official to cast a vote on specific legislation one way or another. That applies if you are doing member outreach through print, television or digital ads asking people to contact an elected officials and asking them to vote a specific way as well, IIRC.

Bolder Advocacy has some really good materials on this, @neffa3. It's worth spending some time on their website. I'll see if I have any current materials from them and shoot you a pm as well.

The TLDR is: 501 (C) 3's are legally allowed to lobby within a specific rule set. Follow those rules, and you'll be fine. Make sure you run anything past a lawyer so you have higher confidence of your legality, and if it's important enough to take a stand on, it's important enough to do it right so you don't put your organization's tax status in jeopardy.

Along this same line, wondering if there are lawyers out there who hunt/fish and do pro bono work on behalf of conservation groups? Seems there would be, but I imagine it’s a more niche thing than other non profit causes. Might be worth looking into, though.

 

[88man]

Do your by-laws prohibit??
Is getting involved in politics and lobbying part of the chartered purpose of the ORG?
Is a political issue currently threatening the chartered purpose or the ORG directly?
Does the ORG have a political issues committee standing? Or are you going to appoint an ad hoc committee?
Is the membership requesting involvement in politics?

 

[Ben Lamb]

Do your by-laws prohibit??
Is getting involved in politics and lobbying part of the chartered purpose of the ORG?
Is a political issue currently threatening the chartered purpose or the ORG directly?
Does the ORG have a political issues committee standing? Or are you going to appoint an ad hoc committee?
Is the membership requesting involvement in politics?

Great post. Super important to be thorough in all aspects of this.

 

[Ben Lamb]

Along this same line, wondering if there are lawyers out there who hunt/fish and do pro bono work on behalf of conservation groups? Seems there would be, but I imagine it’s a more niche thing than other non profit causes. Might be worth looking into, though.

There are a lot of lawyers who do this work pro-bono. I've found that to be a blessing & a curse depending on the lawyer.

 

[Oak]

How about pushing the County Commissioners and planning department to draft language requiring all domestic sheep and goats within bighorn sheep range to be tested or have exclusion fencing? I say yes. They say no. How do we decide who's right?

You have several great replies to the question of how much lobbying you can do as a 501(c)(3). However, I wouldn’t consider asking the commission to begin the process of promulgating new rules to be lobbying. *I am not a lawyer.

 

[Irrelevant]

Do your by-laws prohibit??

Our by-laws discuss elections and meetings and that's about it.

Is getting involved in politics and lobbying part of the chartered purpose of the ORG?

If those efforts support conservation then yes.

Is a political issue currently threatening the chartered purpose or the ORG directly?

No. But when a hobby sheep farmer is bring sheep into the core range for our local bighorn herd, thus threatening the herd, they are threatening something we value very dearly.

Does the ORG have a political issues committee standing?

We have like 9 people total that give-a-shit about anything.

Or are you going to appoint an ad hoc committee?

The board is the committee of everything

Is the membership requesting involvement in politics?

No, the membership/board is trying to brainstorm something that can be done to better wildlife for the future that isn't just buying land. We are in a boom economy just like everyone else and stronger environmental regulation is something we feel would be a great long term betterment for wildlife in our area.

 

[Irrelevant]

You have several great replies to the question of how much lobbying you can do as a 501(c)(3). However, I wouldn’t consider asking the commission to begin the process of promulgating new rules to be lobbying. *I am not a lawyer.

I wouldn't either, but others disagree with me. And the idea of paying a lawyer for more advice on this matter is a pretty hard no-go for me. We're a dying club that is currently spending all our financial resources on attorneys to fight one single development project that we're going to lose on (Hatfields and McCoys). I'd like to spend what little remains doing something big, something that will last, before we fold our cards completely.

 

[Irrelevant]

Turns out our State has some pretty good-and free, resources.

Education & Training | WA Secretary of State

www.sos.wa.gov