Why Should Nonprofits Advocate?

Nonprofits have the potential to create public policy changes that have a profound impact on peoples' lives. Imagine the power and the reach of the nonprofit sector, given the experience, expertise, intellect, and commitment of boards, staff, volunteers, participants, and donors! Nonprofits connect to essentially all members of our society. More and more nonprofits recognize that the combination of knowledge, community involvement, and a broad base of support position this sector to lead the way in shaping policy strategies that address our local, state, and national problems in sound and responsible ways.

How Do We Know That Nonprofits Make a Difference?

There is a long history of nonprofit achievement in shaping policy. In a short period of time, starting at the local level, nonprofits dedicated to preventing cancer, lung disease, heart disease, and unhealthy workplaces have built a “smoke free” movement that has achieved nationwide changes in indoor environments. These organizations' advocacy efforts have led to changes in the laws and, most important, changes in personal behavior and cultural norms. In an additional example, through the efforts of a diverse group of nonprofits working consistently over many decades, nonprofit advocacy has led to creative solutions to family violence. We now address that violence with policies that mandate anti-bullying programs in schools, protections for victims of abuse, services for survivors, and sanctions and treatment for perpetrators. The Violence Against Women Act would not have advanced without the determined work of countless nonprofits and citizen advocates. Advocacy works. Community organizing and engagement work.

What Do We Mean by Advocacy, Lobbying, Organizing?

Advocacy is general support for an idea or issue, and direct lobbying is a specific form of advocacy. Nonprofit lobbying involves asking an elected official to take a particular position on a specific legislative proposal. For instance, asserting that “We have 7,000 homeless people a night in our city and we need more affordable housing” is an advocacy position. Moving to the specific opportunity and asking a state legislator “Will you vote yes on Senate Bill 6643, which ensures that all publicly subsidized housing requires eligible tenants to pay less than 30 percent of their income in rent,” is direct lobbying. Lobbying is asking for a particular action on a discrete proposal. Organizing is the ability to understand who has an interest in the issues and positions that you champion and to engage those people and institutions in working with you, in becoming part of your base of support. Grassroots organizing, which engages people who are likely to be directly affected by the decisions that are under consideration, builds the power and resources of your organization and your community. Constituents in their communities have unique access to elected officials, and when they are involved in your advocacy and lobbying, they expand your impact through their relationships and numbers. A nonprofit that advocates through organizing and lobbying can achieve change.

What is civic engagement? This broad term applies to organizing efforts that inform people about issues and create opportunities for them to have a voice on issues that matter to them. It includes involving people in the electoral process. For nonprofit organizations in the United States, this work must be scrupulously nonpartisan. Within that constraint, nonprofits can lead and support voter registration, voter education, candidate education, and voter turnout.

An emergent trend in the nonprofit and philanthropic domains is to integrate issue-based advocacy and lobbying with civic engagement to ensure community voices have power in shaping policies and holding decision makers accountable. Some groups refer to this as “Integrated Voter Engagement.” Others describe it as a “virtuous circle” that includes educating candidates and elected officials on issues and positions using the experience and expertise in the community, and then working to advance work on issues in legislative and executive branch arenas (Figure 14.1). This chapter invites readers to consider how this integrated approach builds and sustains community involvement in important policy work.

So Why Don't More Nonprofits Advocate, Lobby, and Promote Civic Engagement?

The call to advocacy is clear. Yet recent research on nonprofit participation in advocacy and lobbying (Arons, 2002, 2007) makes clear that many 501(c)(3) public charities, especially those dedicated to providing social and human services, are not engaging in or maximizing their potential to fulfill their mission because they are meeting needs but not addressing the reason that so many basic needs exist.

Bob Smucker sheds light on the reluctance of some nonprofits to advocate and lobby, noting:

Civic engagement is also an area where the lack of understanding of rules for nonprofit electoral activity stymies nonprofits. A critical rule to guide nonprofits in elections is that they may not do anything to influence the outcome of an election by supporting any candidate or party. As nonprofits active in elections for many decades report, engaging people because they and their community need to be part of the process—without influencing HOW they should vote—is relatively easy and valued by eligible voters who want to know how to participate and are tired of pressure from candidates and parties. People value information from trusted community partners. They want to know how to register, know about candidates, know when and where to vote, know how to navigate local election rules and practices, and know how to protect their voting rights.

Even when a nonprofit organization's leaders understand that lobbying is legal and that it is, in fact, a responsible activity for nonprofits to undertake, many are still uncertain about how to build an advocacy and lobbying effort. Put doubts to rest. The following pages offer a practical understanding of how to plan and act to impact public policy debates. We begin with the role of nonprofits in advancing their cause through public policy advocacy.

What Constitutes Advocacy?

Advocacy is general support for an idea or issue. We are all advocates. As individuals and as organizational leaders, managers and staff, we embrace causes and work to persuade others to support our issues and our point of view.

Lobbying is a very specific form of advocacy. Lobbying is explicitly defined by the IRS in its regulation of nonprofit organizations. Details about what constitutes lobbying and how nonprofits report such activity are included later in this chapter and in extensive online resources. Basically, lobbying involves you, or those whom you organize and mobilize, asking elected officials or others who can make policy decisions to act in a particular way on a specific policy proposal. Although advocacy includes broad promotion, education, persuasion, and lobbying, lobbying is that limited component of advocacy that includes a request for a particular action on a specific policy.

Organizing involves building, engaging, preparing, and mobilizing a base of supporters. Included in organizing is the ability to understand who is likely to support the issues and positions that you champion and to engage those people and institutions in working with you on behalf of an issue. Grassroots organizing, which engages people who are likely to be affected by the decisions that are on the table, builds the power and resources of your organization. Constituents in their community have unique access to elected officials and, when constituents are involved in your advocacy and lobbying, they expand your impact through their relationships and numbers. A nonprofit that advocates through organizing and lobbying can achieve change.

Building and Contributing to Social Change Movements

While it is great to “win” on single specific issues, nonprofits have the knowledge, leaders, power base, and regional and national networks to inspire, implement, build, and sustain social change movements. In so doing, nonprofits shape the broad political will to remedy societal problems. Social change movements have revolutionized the way Americans understand and respond in values and policies to an exceptional array of issues, including domestic violence, food safety, substance abuse, abuses of corporate power, human rights, poverty alleviation, public art, medical care, early childhood education, and so much more. Individually and collectively, movements work to change systems, rules, and regulations in ways that improve conditions for programs and services that people count on in their communities.

Nonprofit Activism and the Law¹

Nonprofits have the opportunity and responsibility to engage in democracy-supporting activities as discussed here. Nonprofit executives and board members need to recognize that lobbying is legal and, within limits, encouraged.

In the United States, the Internal Revenue Service (IRS) regulates lobbying activities. At this federal level, the oldest standard for lobbying limits has been the 1934 “insubstantial part test,” which states that “no substantial part of a charity's activities…may be carrying on propaganda or otherwise attempting to influence legislation.” This dangerously vague standard frustrated and intimidated proponents of nonprofit lobbying and led to successful pressure for the passage of the 1976 Lobby Law, which establishes a “bright line test” for the limits of permissible lobbying. (See Chapter Two of this Handbook for more on all facets of U.S. nonprofit law.)

The IRS developed rules under the 1976 law that establish a clear expenditure test for 501(c)(3) lobbying. This bright line test requires nonprofits to file IRS Form 5768, known as the “h” election” because it refers to Section 501(h) in the Internal Revenue Code. The “h” election provides a generous allowance for lobbying activity, capped at $1 million in lobbying expenditures and calculated as follows:

• Twenty percent of the first $500,000 of exempt purpose expenditures, plus
• Fifteen percent of the next $500,000 of exempt purpose expenditures, plus
• Ten percent of the next $500,000 of exempt purpose expenditures, plus
• Five percent of the remaining exempt purpose expenditures up to $1 million

More of the expenditures allowed under the “h” election may be used for direct lobbying than for grassroots lobbying. Direct lobbying, in which the nonprofit and its members ask legislators to vote or act in a particular way on a specific issue, may be used for the full amount of the allowed expenditure. If the nonprofit reaches out to the broader public, which constitutes grassroots lobbying, only 25 percent of the allowable expenditure may be dedicated to that work.

Many activities are not counted as lobbying, thus making the lobby limits even more generous. Activities not counted as lobbying include:

• Contact with elected officials on executive branch officials on proposed regulation (as opposed to legislation);
• Lobbying by volunteers (because no money is expended; only reimbursement for travel or meals for volunteers is counted); and
• Response to written requests to testify before legislative bodies.

Lobbying activity is reported as a component of a nonprofit's Form 990 filing with the IRS. Nonprofits that have taken the “h” election have a much simpler expenditure report than those that choose not to use the “h” election. Those not choosing the “h” election need to provide detailed descriptions of all lobbying activity. It is recommended that nonprofits that are comfortable with the $1 million cap on the lobby limits file for the “h” election.

In spite of the clarity of the bright line expenditure test option, studies of two thousand organizations were conducted by Jeff Berry and David Arons in 2003. They concluded that most view the rules as overly complex. For this reason, the rules and reporting requirements have had a chilling effect on nonprofit lobbying.

Individual nonprofit board and staff leaders need to take advantage of the resources available to help them understand the rules that govern lobbying and assure that their organizations choose to elect as appropriate, and then have in place, the simple systems required for tracking time and expenditures that need to be reported.

More detailed information about the lobby law itself and action steps for nonprofits that choose the “h” election are available on the Internet resource site for this book. There readers will find samples of IRS form 5768, sample forms to enable a nonprofit to track time and expenditures for lobbying activity, and samples of 990 reporting. Organizations that provide information, training, and work for lobby law reform are easy to access from this resource site, as well.

Nonprofit Nonpartisan Election Activities and the Law

Nonprofits are prohibited from participating in partisan political activity, and they may not take any steps to influence the outcome of an election by supporting individual candidates or parties. Nonetheless, nonprofits (while taking care to be rigorously nonpartisan) have an important role to play in elections.

Nonprofit VOTE, a national online resource center for nonprofit nonpartisan election activity, studied the impact of nonprofits in the 2012 U.S. elections (2012). Their report, “Can Nonprofits Increase Voting Among Their Clients, Constituents, and Staff” presents evidence that nonprofit service providers, using personal contact with the people in their community, increased voter turnout among low propensity voters. They reported that nonprofits had several important impacts:

1. They reached clients and constituents who were more diverse, lower income, and younger than other registered voters in the twenty-seven states studied.
2. The eligible voters nonprofits contacted personally voted at a higher rate than the average turnout for voters in their states.
3. Those traditionally underrepresented in the voting population increased participation in voting significantly when nonprofits engaged them, and this closed the usual gap in voter turnout based on race, ethnicity, income, and age.

Build Advocacy Capacity

While it is easy to identify many nonprofits that have an ongoing commitment to public policy advocacy and to celebrate their accomplishments, most small and mid-sized nonprofits have engaged in little intentional planning for advocacy as a key strategy. Nonprofit leaders, good stewards for their organizations, step forward when there is an immediate threat of cuts in government funding, but they don't build the commitment, capacity, or skills to sustain their advocacy efforts. To advance their ability to use advocacy as a tool for shaping change, nonprofits would benefit from the following specific steps:

Framework for Advocacy: A Pragmatic Approach to Advocacy and Lobbying

Once nonprofits understand that advocacy is part of their work and have made a commitment to implement advocacy strategies, it is important to understand how to act on policy issues. Whether the objective is to propose a new policy, to join efforts to pass legislation, or to stop a proposal deemed harmful, nonprofits can be rapid responders to immediate needs and can build effective advocacy and lobbying strategies with a pragmatic and systematic approach.

The Advocacy Triangle presented in Figure 14.2 poses four key questions that a nonprofit should be able to address with a high level of specificity:

1. What is the problem or opportunity?
2. What do you want to have happen?
3. Who decides?
4. How do you influence them?

Once the nonprofit decides on what it wants to happen and how to talk about it, there are three core tactics to be considered: direct lobbying, grassroots organizing, and media advocacy.

Set Goals: What Do You Want to Happen?

Advocacy and lobbying are heavily influenced by external factors that the nonprofit cannot control. While nonprofits do this work to create sound policies by passing laws and ensuring that they are implemented, there are many objectives to be met along the way to achieving a “win.” It is important to set goals and specific objectives related to the policy result to be achieved, but also aim to:

• Establish your organization as a trusted resource to elected officials and staff.
• Insert your experience, expertise, and point of view into the policy dialogue.
• Build support from likely and unexpected sources.
• Establish ongoing connections to the base of supporters to build power for the long term.
• Build positive working relationships with decision makers, staff, and media.
• Position your work to be covered favorably in traditional and social media.
• Strengthen internal capacity, including board capacity for engagement in advocacy (including an active policy committee).

Primary Advocacy Actions: Direct Lobbying, Grassroots Organizing, and Media Advocacy

Effective nonprofit advocacy comprises a number of specific processes and activities, including direct lobbying, grassroots organizing, and media advocacy. Each offers its own unique leverage and value in the advocacy process, and the choice to employ one or more is an important strategic decision.

Grassroots Organizing

Grassroots organizing is the most essential of the strategies central to effective nonprofit advocacy to achieve short-term and long-term policy reforms. Grassroots community-based organizing is the process through which people plan and build shared efforts to work for the changes that they want on their issues. Organizing enables people to build the power they need to advance issues, challenge failed systems, and become respected participants in decisions that affect their lives.

Nonprofits are often quite effective at mobilizing those who support them for a short-term effort. But mobilizing is only one component of organizing. Organizing builds a sustainable base, builds power, and builds leadership. Mobilizing is one tool that organizers use to activate their base at strategic points. Nonprofits are well served if they focus on organizing, building an ever-growing and regularly engaged base.

Marshall Ganz, now at Harvard's Kennedy School, has developed theories of leadership and organizing that provide helpful background to nonprofits moving into this arena of advocacy. He underscores that “Organizers identify, recruit, and develop leadership; build community around leadership; and build power out of community” (Ganz, 2009, pp. 16–17)

Short-term and long-term advocacy initiatives benefit from effective organizing, base building, and advocacy. Nonprofits working on issue campaigns are most likely to achieve desired policies if they build, sustain, and activate a base of support that is able to use its collective power to influence public awareness, political will, and decision makers.

Organizing is especially important in the highly polarized political landscape that dominates policy dialogues at the federal, state, and local level. Elected officials are demonstrating high levels of loyalty to partisan agendas. To override the demands for disciplined support for political party agendas, nonprofits have to rely on the individual values of a particular legislator or build enough pressure in the elected official's district to persuade her or him that the community has placed a high priority on your issue and position. Good organizing includes holding decision makers accountable, and community voices have a keen influence in many instances.

Organizing support for public policy issues will require each organization to determine its particular approach to this work. For organizations already working with an activated constituency, the ongoing engagement and expansion of the base is important. For organizations new to this work, starting within the organization and reaching out to potential allies, both organizations and individuals, will be a starting point. The common components of nonprofit grassroots organizing are targeting supporters, recruiting supporters, engaging supporters, mobilizing the base, evaluation of activities, and reengagement.

Analysis of Potential Supporters

A nonprofit has rarely reached all those who care about the success of its policy efforts. Mapping stakeholder potential allows a nonprofit to be strategic in targeting outreach and organizing. Who cares about the issue? Within that broad potential, which individuals and organizations add the most value to your effort, based on everything from the strength of their numbers to their status in the policy debate? Whom can you reach easily within the complement of groups who would be valuable supporters?

Cycle of Organizing

The ongoing work of building a base, building power, ensuring that people have a voice on issues, requires an ongoing cycle of activity. Figure 14.3 illustrates the nature and flow of this cycle. In organizing for public policy advocacy and in organizing for civic engagement, nonprofits target those who will support and advance their work, recruit supporters, often with initial personal contact, ensure that supporters are engaged, informed, and trained for their role. Once supporters have been engaged, then it is possible to do authentic grassroots mobilizing, calling upon people to do the work that you have been getting ready for over time. The action is not the end. It is a step along the way. Every action deserves a debriefing session and evaluation. Each support can be applauded and thanked. And then: reengage.

Evaluating Public Policy Advocacy, Lobbying, and Civic Engagement

As with all initiatives, policy, lobbying, and civic engagement work should be evaluated relative to the project goals and objectives to the extent possible. For all forms of advocacy, however, many projects move slowly and in increments. Some work—engaging the broad public in increased civic activity—is never done. Some issue-related work advances only when the political landscape and public will are ready. Therefore, nonprofits should rely on quantitative and qualitative tools to assess progress.

Questions to consider include measures of gains and continuing needs in organizational capacity, the extent of base building in progress, the quality and nature of relationships with elected officials and the media, progress on increasing voter turnout or moving the needle on an issue in decision-making areas, and the satisfaction of those organizations and individuals in their experience with your organization.

Design evaluation as part of the initial work plan and capture stories as well as data throughout the work. The sector needs case stories from which to learn more about this ever-growing field of advocacy, and your organization and others will benefit from what you can measure and what you learn from stories about signs of progress or concern. Your assessment of this work is ongoing and can direct your organization to make timely and strategic course corrections as well as to build on your strengths.

Advancing Advocacy as a Field

No significant social change has ever taken place without the energy and perseverance of movements and advocates.

Gara LaMarche, Atlantic Philanthropies

Nonprofits are increasingly a force for change as more and more of them engage in civic life and draw their constituencies into the public decisions of our society. Collective action, collective power, commitment to sustained effort in advocacy, lobbying, and civic engagement strengthen the nonprofit sector and position it for increasing power.

As nonprofits become increasingly aware of the power of advocacy, they are building this key component of their mission-related work. Take care to include advocacy and civic engagement activities in your strategic planning. They are relevant to your excellence in meeting mission. The information included here will provide you with a sound starting place, and there are an increasing number of information resources, training opportunities, and partners available to support nonprofit advocacy. As you initiate or enhance your nonprofit's work in advocacy, these key lessons should drive your work:

1. Advocacy and lobbying are legal nonprofit activities, encouraged by the Congress and expected by elected officials.
2. Nonpartisan nonprofit election activity is a component of broad civic engagement and organizing work, and is a permissible and important activity for 501(c)(3) organizations.
3. Nonprofits need to be part of the public policy dialogue. The sector and its specific activity areas have the expertise and experience needed for a fully informed policy dialogue. In this sense, nonprofits are a critical resource for policy shapers and for the community. Those who count on nonprofit programs and services also count on nonprofits to be a voice in shaping decisions in public arenas.
4. Nonprofit advocacy requires strategy and planning. A basic framework for advancing issues allows you to define a need, propose a specific solution, determine where the issue is decided, and influence those decisions.
5. The three primary tools for nonprofit advocacy are organizing, lobbying, and media advocacy. Your organization can build its capacity in these skill areas with existing talent, the advocacy training materials available in the sector, and through training.
6. Nonprofits are a vehicle through which people participate in public life. One key role for nonprofits is to engage people through organizing and civic engagement initiatives. Doing this work on an ongoing basis builds power for your organization, your issue, and the people you represent and serve.

In a democratic society, nonprofits have important potential to help level the playing field in policy arenas. Nonprofits have information and organized power that can offset the influence of other powerful groups in setting policies that have an impact on people and communities. Advocacy work also can position your nonprofit as the lead organization in an issue area, and it can help secure your organization's place in leadership circles. Most important, advocacy can make an enormous difference in your organization's ability to serve your community well for the long term. Advocacy can help address the root causes of basic social problems and, over time, redefine the context within which people and communities strive for fairness, equity, and an acceptable quality of life.

For dedicated nonprofit leaders and managers, public policy engagement is an extraordinary leadership opportunity. And there are increasing opportunities for policy-oriented jobs in the sector. Academic institutions that support undergraduate and graduate nonprofit management programs include policymaking among their core competencies for nonprofit excellence. Many philanthropic organizations also have or are beginning to recognize that education, advocacy, and organizing are essential strategies for ensuring that nonprofits can effect the changes that are needed in communities. In the spectrum of mission-related work that ranges from research to lobbying and organizing, advocacy planning, capacity, and impact are highly valued.

Change sometimes takes a long time. The dedicated and determined leaders in the nonprofit sector who are committed to change need to be advocates for needed change. There has rarely been a more important time for nonprofits to insist that the voices of people in communities are heard. It is important for nonprofits to recognize the value of their deep knowledge of issues and people's needs and experience. And it is important for nonprofits to insist that that knowledge be included in public dialogue.

Begin now to do your part. Start the conversation. Help to plan the work. Join with others to build a strong base of support and prepare to play a meaningful role in shaping public policies. Advocacy and civic engagement are important and exciting. We encourage you to be the person to encourage the nonprofits with which you work to begin or expand their commitment to a robust cycle of advocacy. When the choices are between angst and action, nonprofits are charged with being the steady hand and the strong voice that speaks to community needs and advocates for change.

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