The Nonprofit FAQ

Will signing a petition get us in trouble for lobbying?

Putnam Barber responded to a query about putting a nonprofit's name on a policy-related petition on May 31, 1995: The advice that it's ok to sign the petition is valid. A 501(c)(3) can certainly express an opinion once in a while about a matter of public policy without risking being challenged for excessive lobbying. Involvement in any political campaign is a different matter. In that arena the prohibitions are much more stringent. The Alliance for Justice publishes a useful handbook to clarify the rules and relieve anxieties about limitations on lobbying that arise from the Internal Revenue Code. It's called "Being a Player" and costs $15 from 1601 Connecticut Avenue, NW, Washington, DC 20009 202/332-3224. This and other AFJ publications can be ordered online through http://www.afj.org/pubs.html AFJ, the Independent Sector and OMBWatch worked together in 1998 to develop a strong statement about the importance of advocacy for nonprofits. See http://www.nonprofits.org/npofaq/16/20.html This is a complex, murky subject and organizations with a major commitment to influencing public policy need to take the IRS rules (and related accounting requirements) seriously. One key point is that the distinction between "volunteer" and "paid" people is irrelevant unless the organization has explicitly "elected" under section 501(h)(by filing IRS Form 5768) to apply an "expenditures test" to its lobbying activities. Organizations which have not done this are held to a standard which is based on their "activities" -- which can certainly include things done by volunteers. There's a summary and discussion of this and other features of the rules about lobbying by 501(c)(3)s in the FAQ at http://www.nonprofits.org/npofaq/11/08.html The Alliance for Justice has a free pamphlet on the 501(h) election. See http://www.afj.org/pubs.html and scroll down to "Worry-Free Lobbying." The Seattle University Not-for-Profit Leadership program has online the outlines for two small-group presentations (for boards or other leadership people) on advocacy. They are available (in .pdf format) through http://www.seattleu.edu/artsci/npl/modules.asp Putnam Barber, Seattle Posted 1995; revised 7/9/01 -- PB