The Nonprofit Partnership's
10th Annual Northwest
Pennsylvania Nonprofit Day
Joe Geiger , Executive Director
Pennsylvania Association of Nonprofit Organizations
777 East Park Drive, Suite 300
Harrisburg, PA 17111
(717)-236-8584
joe@pano.org www.pano.org
October 21, 2010
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Pennsylvania Association of Nonprofit Organizations
Quiz
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Some general thoughts
 There is no such thing as perfect
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public policy - Feudal times…
This is not rocket science relationships
If you are not at the table, who is?
Sticking your head in the sand does
not mean you won’t get hurt - opinion
on NPO
Grassroots lobbying is crucial
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We are creating more
competition for the same dollar
We are fighting within
the nonprofit
community to
compete for whose
issue is the most
important
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We need to be developing
collaboration within the sector
 We must re-educate the public
about the value of the charitable
nonprofit community
 We do more than provide
service
 We must understand that we
have commonality
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Three Common Barriers to
Involvement in Public Policy
 Legality – Is it legal for 501 (c )(3)
organizations to advocate and lobby?
 Legitimacy – Is it legitimate and
appropriate for nonprofits to advocate
and lobby?
 Effectiveness – How can nonprofits
advocate effectively?
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Legality of Charity Lobbying
Overview
 Origins of Federal Restrictions
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Tradeoff for tax-deductible contributions
 Sources of Federal Restrictions
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IRS – restricts all 501 (c)(3) nonprofits
OMB A-122 Circular – Prohibits use of federal
funds for lobbying and political activity - 1984
 Grant contract – Contractual restrictions are
another possible restraint on the use of
particular funds for lobbying
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Letter from the IRS
 Center for Lobbying in the Public Interest
– answers nine key questions regarding
the legality of nonprofit lobbying
 A common misunderstanding among
charities is that the clear prohibition on
using federal funds to lobby prevents
them from using other funds for lobbying
www.clpi.org
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Legitimacy of Nonprofit Advocacy
 Why advocate for change in public policy?
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Serves your mission and clients
Serves policymakers by providing information and
solutions
Contributes to better public policy outcomes
Promotes civic participation and democratic values
It feels good
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Lobbying!
 It’s the right thing to do!
 Basic to our democratic way of life
 It is perfectly legal
 If you don’t lobby, you may miss an opportunity to
help those you serve
 If you are not at the table, who will be?
 Provide a voice for many who do not have access
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Three Execs in the countryside
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IRS Definition of Lobbying:
 Contacting or urging the public to contact
legislators for the purpose of proposing,
supporting or opposing specific legislation
 The organization advocates the adoption or
rejection of specific legislation
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Electioneering
 Charities
are prohibited
by law from engaging in
electioneering
 Neither party has a
monopoly on brains or
ethics
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Penalties:
 10% excise tax -
organizations
 Individuals
 Loss of tax
exemption
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Allowable Quasi-political
activity:
Voting Records
Questionnaires
Public Forums
Awards
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Allowable political activity:
Voter Registration
Transportation to elections
Cannot target a particular demographic to
the exclusion of another
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Individual Political Activities:
 Contributions
 Volunteering
 Letters of Support
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Developing an Effective Advocacy
Program
The Three-legged Stool
 Grassroots
 Media
 Legislative
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Meeting with your legislator
1. Nervous? You know
more about the subject
2. Advance appointment
important
3. A small delegation is OK
– and may be better
4. Discuss issue from your
legislator’s perspective
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Meeting with your legislator
(continued)
5. Can’t answer a question? Don’t bluff,
but offer to get answer
6. Leave fact sheet
7. Write - say thanks -- remind legislator
of agreements reached
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Grassroots
 “All politics is Local” – Tip O'Neill –
What does this mean?
 The power of grassroots emanates
from the fact that politicians should
be responsive to their constituents
 In fact, most politicians do believe
they should be responsive, and are
looking for input from constituents
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Steps to Developing Your
Grassroots Leg
 Recruit your advocates:
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Characteristics of good advocates
Involve board members, staff and volunteers
Diversity
Gather perspectives
 Develop your advocates and tools
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Letter writing, telephone calls, E-mail, action alerts, thank
you letters
 Assess technology
 Build coalitions
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Media Leg of Your Advocacy
Plan – Start With Goals
 Discuss why the media is necessary for an
advocacy plan
 Learn what is newsworthy- Who’s perspective?
 Understand the components of crafting a
message for the media
 Become familiar with media tools and rules
 Gain experience crafting the message
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Promoting Your Message
Building Healthy Media Relationships
 Get to know the media in your area
 Develop a press contact list
 Keep in contact with your media people
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Legislative Leg of Your Advocacy
Plan
 Identify how government impacts your
mission:
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Laws, regulations, funding
Local, state, federal government
 Target specific public policy changes
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Just a few strong issues
 Understand the legislative process
 Stay informed on legislative action
 Activate your organization to impact
legislative process
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Telephone Advocacy
1. Telephone call can be very persuasive.
 Tool for both direct and indirect advocacy
2. Keep it brief and to the point
3. Don’t always need to speak to the legislator
4. Calling legislator’s district office is as important as
calling the capitol office.
 Depends on the individual legislator, or relevant
staffer
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Email & Faxes to Congressional
Offices:
1. 90% of Congressional offices receive constituent emails,
but emails from outside the Congressional district are
generally not important.
2. Email not preferred method for legislators to
communicate with constituents. It is the preferred
method for staffers to communicate with advocates.
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Emails and Action Alerts
Q: How many advocacy emails does Congress receive
per year?
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500 million email sent to Congress in 2009
Increased 200% in 5 years, 300% over 10 years
Q: What percentage actually get through?
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Actual numbers vary from 70% - 20%
CapwizXC higher than industry average
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Other ways to communicate:
Invite legislator to:
a. Visit your facility
b. Speak at a meeting sponsored by your group
c. Meet with your board
d. Attend breakfast meeting at state capitol
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Charity Challenge
 Recognize the importance of
collaboration
 Set aside our differences as sub-sectors
– think as one sector
 Support enforcing existing laws – 100’s
of cases
 IRS is under-funded – voluntary support
of ethical behaviors (hiring 1,600
additional agents)
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PA Lobby Disclosure and
Penalties
Individuals who fail to register, fail to report
spending, or file false or incomplete statement
could face a $50 penalty for every day failure
to properly register, a fine of up to $2,000 and
could be banned from lobbying for up to five
years.
 Organizations that intentionally fail to report
spending could face up to $25,000 in fines
and possible criminal prosecution by the State
Attorney General.
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Accounting Manual:
 Committee required to provide Accounting Manual
 A Preliminary Accounting Manual is just a necessity to use for
the First and Second Quarter Reporting periods
 Act says you “may
use any reasonable methods of
estimation and allocation” to calculate your
reportable expenses
 Acceptable methods of accounting include
 Cash Basis, Accrual Basis, Modified Accrual
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PA Government Offices
Pennsylvania Department of State, Bureau of Campaigns Elections & Legislation
Web: http://www.dos.state.pa.us/
Email: ra-lobbydisclosure@state.pa.us
Phone: (717) 787-5280, Fax (717)787-2854
Pennsylvania State Ethics Commission, Legal Division
Web: http://www.ethics.state.pa.us/
Email: ra-lobbydisclosure@state.pa.us
(for technical questions)
Phone: (717) 783-1610 or Toll Free at 1(800) 932-0936
Pennsylvania Office of Attorney General
Web: http://www.attorneygeneral.gov/theoffice.aspx?id=2099
Email: lobbyingdisclosure@attorneygeneral.gov
Phone: (717) 787-3391
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Formal vs. Informal Inquiries
UNOFFICIAL ANSWERS:
For Answers to questions on Forms and filings, contact the
Pennsylvania Department of State, Bureau of Campaigns Elections
and Legislation (the Bureau)
at ra-lobbydisclosure@state.pa.us or (717) 787-5280.
OFFICIAL ADVISORIES:
For Official Advisories regarding compliance with the Act, contact the
Pennsylvania State Ethics Commission, Legal Division (the
Commission) at ra-lobbydisclosure@state.pa.us, (717) 783-1610 or
Toll Free at 1(800) 932-0936 or go to
http://www.ethics.state.pa.us/ethics/cwp/view.asp?a=3&Q=81588
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For more information
Contact PANO via email at Joe@pano.org or
www.pano.org or phone at (717) 236-8584
PANO is the statewide membership organization advancing
the charitable nonprofit sector through leadership education
and advocacy in order to improve the quality of life in
Pennsylvania.
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