All the partners make the journey richer across the sectors that demonstrate the power of collaboration, the power of the future. – Frances Hesselbein
How many of us know our State Senators? Our City Council Members? How many can recognize our State Representatives if we see them, at the supermarket? How many of us have meaningful relationships with any of the elected officials who serve our communities?
While it may not be surprising that many would answer “no” to these questions, what is surprising, and a bit disappointing, is how many of us involved in the nonprofit sector have never thought of engaging our elected officers in conversation about the incredible work we do for, and with, our communities.
This is a more important question than it may seem, but to see why, let me first tell you about a book that had an enormous influence on my thinking, and ultimately on my decision to work in the nonprofit sector—one that still sits on my desk, dog-eared pages yellowing, as I find myself referring to it again and again in my work: Alexis de Tocqueville’s Democracy in America. OK, you are wondering how the writing of an élite French philosopher so deeply affected my thinking about American democracy. Well, by the time I read it, I had already voted in my first presidential election, witnessed political rallies, volunteered in a food bank, and written a letter to my Senator, and after working in the financial services industry for a while, was considering giving up the idea of “being rich” for the idea of “being engaged” and working to further the needs of our communities. So when I finally discovered Tocqueville, he spoke to me.
Why? Well, for one thing, he made me realize that the First Amendment to the United States Constitution makes provision for the freedoms of speech and association. These are the foundations upon which nonprofit organizations are built. While people in other countries can advocate, the rights of citizens to form voluntary associations for the purpose of advocating for the common good is fundamental to the American way of life. Tocqueville saw something special in that foundational American principle: the ability to build associations gave people a collective voice to express their deepest concerns and values.
Nonprofit organizations expand this idea of association in the interest of endowing us with the power to express and act upon our beliefs. They are the places where activities and services essential to our quality of life are created. They give us both, an opportunity and an obligation to engage us in conversation about what is possible for our communities. They are trusted and valued institutions engaged in the lives of the people they serve and who serve and support our communities — they are our volunteers, board members, residents, and children. They give voice to our constituents.
So how do these Tocquevillian inspired insights bring us to my topic of the day: the importance of engaging directly with our elected officials for the purpose of furthering our work? Because once they understand our role in public life, they can become our allies in furthering our goals, which are, after all, the goals they are committed to serve as representatives of their own communities. And so it is our right and responsibility to engage with them. Dialogue, learning, listening and engaging with our business leaders, community champions, and elected leaders are among the fundamental roles we all have as nonprofit ambassadors and leaders. It takes all of us to build a community, to get to know each other and tear down silos.
So Lets Dispel the Myth.
Let’s start by dispelling the myth that nonprofit organizations cannot engage in advocacy or lobbying. According to Alliance for Justice, “501 (c) (3) public charities (including public foundations) CAN lobby within the generous limits allowed by federal law. How much lobbying the organization can do depends on which of two sets of rules the organization chooses to fall under–the “501 (h) expenditure test” or the “insubstantial part test.” In issuing regulations on lobbying, the Internal Revenue Service stated that, under either test, public charities “may lobby freely” so long as lobbying is within specified limits.”
Both the Alliance for Justice (www.AFJ.org) and the Center for Law and the Public Interest (www.clpi.org) have websites full of excellent information and tips. Review them, and if you find the information valuable, share it with your Board of Directors. While you may choose not to lobby, it is important for our Boards, volunteers and advocates that it is a choice made by each and every organization. The law does not prohibit 501 (c) (3) tax-exempt organizations from lobbying.
What CAN You Do?
Here are just 3 of the key things you can do:
1.) Direct Lobbying: You can tell legislators (or other government officials who take part in the formulation of legislation) your organization’s position on a piece of legislation and/or urge them to support or oppose the legislation. You can also educate your constituents, volunteers and Board members about what the legislation is about.
2.) Grassroots Lobbying: You can tell the general public your position on legislation and ask them to communicate this position to their legislators (or other government officials who participate in the formulation of legislation).
3.) Voter Registration: Even during election season, nonprofits can still educate voters about important issues. Nonprofits may also participate in nonpartisan voter registration drives and urge citizens to vote.
Here are three things a 501 c (3) nonprofit organization CANNOT do:
1.) 501 c (3) nonprofits cannot endorse or oppose political candidates, nor mobilize supporters to elect or defeat candidates.
2.) 501 c 3 nonprofits cannot align themselves with political parties.
3.) 501 c 3 nonprofit organizations cannot contribute in time or money to political candidates or parties.
SOURCE: Center for Lobbying in the Public Interest publication “Make a Difference for Your Cause,” (pages 16-17) which can be found here: http://clpi.org/images/stories/content_img/Make_a_Difference_RG%5B1%5D.pdf
Although, It Is All About Relationships: 8 Steps to Building Strong Ones!
1. Know who your state representatives, city councils, congressional delegation and senators are, know them not only for your personal districts, but also for the districts where your organization resides and for the districts where your constituents live.
2. Research your elected officials; find out what their interests, values, and passions are. What do their bios say about them, what have they supported in the past that pertains to your organizations and/or the issues you care about? Who are their key policy staff members, what do they care about? How might you get to know them?
3. Be ready to be quick and efficient. Elected officials have a limited amount of time to spend with you (estimate 15 minutes, if you can engage them, perhaps will get 30 minutes.) Realize they are not intentionally trying to rush you, although a lot of people want to meet with them. Be prepared.
4. Tell them a powerful story. Tell them about your organization and its impact on the community. As the great fund raising guru Kay Sprinkle Grace says, “Give them a story and a statistic.” You want to appeal to their intellect and their emotion. Prepare at least 2 great stories and 2 relevant statistics.
5. Engage them! Invite them to your events and programs, and invite their staffs to attend. Ask if you can add them to your mailing list and leave a few information packages.
6. Leave the door open for another meeting. Let them know that you are interested in developing a relationship with them and offer them the expertise of your organization, senior staff and Board members. Offer to make a presentation to other constituents about these issues. Let them know the services you have available to help their constituents. Invite them to come on a tour of your organization, or ask them to join some of your Board members for an informal coffee.
7. Send a thank you note. This is a great way to keep your relationship open, make it personal. Send a card from those who benefit from your services and cultivate the relationship. Stay on their radar screen! Be in a place for them to feel comfortable inviting you to visit again.
8. Keep building the relationship. People like to work with people they know and like. Stay engaged.
And remember what Tocqueville knew: that the power of such associations is crucial to the democracy we are privileged to enjoy.
All nonprofits have a vital role to play in our democracy. For 501(c)(3) nonprofit organizations that role includes lobbying. Nonprofits have every right to advocate on behalf of policies they believe in. It is only when this advocacy deals with specific legislation that limits come into play. – Independent Sector Website


Great post! CLPI and AFJ are two of the best resources for encouraging nonprofit lobbying and advocacy. In research to understand WHY so few nonprofits lobby or advocate, near the top of the list is a lack of funding for this work. Foundations often needlessly put prohibitions into their grant agreements. In fact, Lester Salamon from Johns Hopkins found a negative correlation between foundation funding and advocacy — the higher the percentage of a nonprofit’s budget that comes from foundations, the less likely it was that nonprofit would be involved in lobbying for its causes.
My own organization, the National Committee for Responsive Philanthropy, has been working to shift this. As a way to encourage foundations to invest more in advocacy and community organizing, we have been documenting the substantial, tangible benefits of nonprofit civic engagement work. We have found a return on investment of 89:1 in one state on the low end, and of 157:1 in a state on the high end. If you want to see the reports, they’re at http://www.ncrp.org/gcip. The reports might help you make a case to your board or to your funders about why your nonprofit should be doing more advocacy.
Thanks for the great post, Alison!
Thank you Aaron. I was so glad to hear from you, I am very interested in learning more about the National Committee for Responsive Philanthropy. Thank you for your great thoughts and resources. Can’t wait to check out your site. Thanks again. Alison
This is fantastic, Alison! You dispel myths, give clearcut explanations, and lay out what nonprofits CAN do. There’s plenty in here for staff, board, and supporters to use. And they should all be using it! This is a question all boards should be considering: do we choose to lobby or advocate?
This is such a murky area – there is so much confusion about lobbying and advocacy, and what the different types of nonprofits can do just confuses this more. Aren’t you always hearing or reading misinformation about it? (it sounds as if Aaron, above, is!) Lobbying and advocacy are such critical tools, and yet I think so clouded in misinformation that we aren’t accustomed in the nonprofit world to acknowledging their power and utility.
But what I really love is that you’re reading de Tocqueville. And I agree with you that his ideas about the collective building of associations (and that American freshness and ingenuous optimism that he marvels at) are still operative in the United States.
Great post! Thank you!
Alexandra
Thank you Alexandra. Great to hear from you. Somehow I knew years ago when I was taking economic theory classes in grad school that all of this would be useful, I just didn’t think as much about how it impacted the entire way I view this sector and our work. Hearing from you made my day!
Such a wonderful post, Alison – and such a terrific reminder!
I think that many nonprofit directors and staff members are intimidated by their legislators – when the truth is that reaching out and establishing relationships with them is a very easy process that is always rewarding.
Thanks for writing it – I’ll share it with my readers.
Thanks, Alison, for encouraging more advocacy work. Always and especially now, it’s a crucial piece of the picture.
I want to add that supporting ballot measures is considered lobbying for legislation, so that’s OK even for 501(c)(3) organizations (within the overall lobbying limits).
A great example are the ballot measures to support land conservation. Most of those succeeded even in last week’s election.
They provide tremendous leverage: a relatively modest investment in a campaign results in large amounts of public funding over a long period of time.
Getting the right people elected is crucial, too, but as you point out that’s forbidden for the 501(c)(3) groups you’re addressing here. Some organizations, such as the Sierra Club, forego tax-deductible contributions so they can engage in electoral politics.
Others have formed independent organizations to do such work.
I think this is something more of us might want to look at, given what I see as the seriousness of the political situation in this country.
Pam, it is always a pleasure to hear your thoughtful voice on my blog post. You are one of my favorites on Twitter, and appreciate seeing you in my “Twitter feed” on a regular basis. As I wrote this, I realize I wanted to “shout from the rafters” ” every citizen has the gift of the First Amendment which states, “a Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Whatever one’s political and/or social views are as citizens we have a right to express them, and we have an obligation educate the public and our elected bodies on issues that impact our constituencies. I deeply believe; that I may agree with you, or I may not agree with you, however I have an opportunity to learn from you and absolutely respect your right to voice your opinion. When we begin to believe we are not “supposed” to have a voice with our elected officials and policy makers, that negatively impacts ALL of our voices; our important voices as American citizens.
We talk so often in Community Benefit organizations about building relationships and yet often have none with our elected officials.
How can they understand the impact organizations are having on the communities they serve unless they are engaged by them. We know the importance of the work done by these organizations but do our elected officials see that “they are the places where activities and services essential to our quality of life are created.”
The resource links you posted are very helpful for orgs having questions about what they are allowed to do. Ellis Carter also had a great blog post on lobbying that I shared with many boards http://charitylawyerblog.com/2010/02/24/lobbying-yes-you-can/
I especially like the suggestions for simple steps any organization can take to get started. Thanks so much for this thoughtful reminder.
Nancy, you are a wonderful support and terrific resource to the Community Benefit Community. Thank you for all you do! Alison
Alison, very well done! This should be MUST reading for non-profits.
Here’s a few supplementary thoughts you might also consider:
1) Elected officials reached their positions because of their own networks, including fundraising networks. I always encourage organizations to review the campaign finance reports of elected officials looking for shared contacts — those individuals who support both the elected official and the non-profit organization. One time we found that out of a 25 member board, 7 were contributors to elected officials we needed to reach.
2) When creating a ‘message’ start with the intended audience, not you and your colleagues, or you risk being filtered out by the very people you’re trying to reach.
Think of it this way: You might have an incredibly persuasive argument and powerful emotional content to communicate. But if you are speaking English and your audience only speaks Greek, you won’t be very effective.
So translate what you want to communicate into a language that your audience is capable of hearing.
3) Similarly, make sure the people you want to communicate with are AVAILABLE to hear or receive your message. Sometimes that means trying to time your communications to coincide with events or the news cycle so that your topic area is higher profile.
For example, don’t bother trying to contact an elected official during the Final Four rounds of the NCAA basketball tourney — unless your organization’s work involves something like running basketball clinics for young kids.
Brilliant Bob. On both my behalf, and that of the readers of this blog, thank you. These are excellent suggestions.
You weren’t kidding, Alison. “Great minds… ” as they say. Can’t wait to talk about this more tomorrow.