Non Profit Lobbying FAQs

The election is right around the corner and inevitably this heightened interest in our political process prompts questions about what not for profits - mainly 501(c)(3) organizations - are able to do and not do under current lobbying laws. To that end, we thought we would put this message out as something you can refer to or give to your membership and Boards as clarification.  You can also always find information on our website or simply ask us directly if you have additional questions or concerns.

Evan Hirsche, President of the NWRA, testifying before a House Natural Resources Subcommittee. Testifying before Congress is not lobbying as decision makers are asking an organization to provide guidance and insights on issues, which can include pending legislation. © C-Span

Q. Can a Friends group support specific legislation?
A. Yes. Any not for profit organization can support or oppose any legislation pending in at the state or federal level and you can urge your elected officials to vote accordingly. As a non-profit, you may "educate and inform" your elected officials about specific legislation and urge them to vote either for or against bills. For instance, most Friends groups urge their members of Congress to vote for increased funding for the National Wildlife Refuge System because it will result in a net benefit for people and wildlife. This is perfectly acceptable.

Q. Can a Friends group support a political candidate or political party?
A. No. A 501(c)(3) not for profit organization MAY NOT support or oppose any political party or candidate.  However, there are some not for profit organizations - categorized as 501(c)(4) organizations under the IRS - which CAN. Donations made to a 501(c)(4) organization are not tax deductible and these organizations have no limit on lobbying expenditures and may carry on partisan activities. Note: to our knowledge, there are no Friends groups organized as a 501(c)(4).

Q. Can a Friends group invite a current U.S. Senator or Representative to their refuge near an election?
A. Yes. The Friends may invite your elected officials to your refuge at any time, even near an election where they are on the ballot. However, you may not pay for their travel and some rules apply regarding meals although if your event is in state and will have more than 5 constituents, a member of Congress may accept the meal as a gift. If you have specific questions, please contact NWRA directly.

Q. What's the difference between "direct" lobbying and "grassroots" lobbying?
A. Direct lobbying is when you state your position on specific legislation to legislators or other government employees who participate in the formulation of legislation, or urge your members to do so.  In order to count as direct lobbying it must refer to specific legislation and express a view on it.

Friends meet with Chairman of the House Interior Appropriations Subcommittee to urge increased funding for the National Wildlife Refuge System. © Jack Chiles

Grassroots lobbying is when you state your position on specific legislation to the general public AND ask the general public to contact legislators or other government employees who participate in the formulation of legislation.  If you do not include a call to action in your communication to the general public, it is not lobbying. Remember, urging your members to lobby counts as direct lobbying not grassroots lobbying.

The distinction between direct and grassroots lobbying is important under the 501(h) election because the 1976 Lobby Law specifies different expenditure limits for grassroots and direct lobbying activity.  An organization may spend only one-fourth as much on grassroots lobbying, as on direct lobbying.  For example, if an organization's annual permissible lobbying expenditures were $100,000, it could spend only $25,000 on grassroots lobbying.  But it could spend the remaining $75,000 on direct lobbying.

Q. How much money can a Friends group use for lobbying?
A. Friends organizations should consider that 20% of your exempt purpose budget could be used to lobby. (Technically, it's 20% of the first $500,000 plus 15% of the next $500,000 plus 10% of the third $500,000 plus 5% of the remaining to reach your lobbying limit. Since most Friends do not have a budget over $500,000 the 20% of the total is a useful number.) For example, an organization with a $100,000 exempt purpose budget can spend up to $20,000 on direct and grassroots lobbying combined, but no more than $5,000 on grassroots lobbying.

Q. Can a Friends group advocate for or against a ballot measure?
A. Yes. Ballot initiatives, referendum, state constitutional amendments, bond measures, or similar measures are legislative proposals submitted for approval by the voters. In this case, the voters act as legislators deciding whether to approve or defeat a piece of legislation. Activity to influence the outcome of this vote would be a lobbying activity. But remember: 501(c)(3)s are absolutely prohibited from supporting or opposing candidates for public office. Just because you can work on a legislative measure appearing on the ballot does not mean that you can also comment on candidates included on the same ballot.

Please feel free to contact NWRA's Vice President of Government Affairs at any time for clarification or further information: dgroves@refuegassociation.org or 202-333-9075 x23