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Education vs. Lobbying: Knowing the Difference

By JULIE SHARPE
and
MARCELL JOHNSON

What is lobbying? Who can lobby? Am I lobbying when I have lunch with my legislator? If our collaborative hosts a breakfast for our legislator, are we lobbying?

There are distinct differences between lobbying and educating. Nonprofit organizations must comply with federal laws governing lobbying. Organizations with 501(c)3 status are allowed to spend up to $1 million a year lobbying. If their annual budget is under $500,000, they can spend up to 20 percent for lobbying.

What qualifies as lobbying? The IRS defines two types of lobbying:

• Direct lobbying is any attempt to influence legislation through communication with any member or employee of a legislative body, or with any government official or employee who may participate in the formulation of legislation.
  
• Grassroots lobbying is any attempt to influence any legislation through an attempt to affect the opinions of the general public or any segment of the general public.

In other words, direct lobbying is the time that you spend persuading a legislator to act or not act and grassroots lobbying involves persuading other people to contact legislators.

You are NOT lobbying if:

• You provide general information. Anyone can educate decision-makers and citizens about the importance of policies, legislative or budget issues. For example, let's say a bill is proposed that would lower the legal age to purchase alcohol to 18 instead of the current 21 years old. Data from the 2003 KIDS COUNT show that motor vehicle accidents are the leading cause of death for teens ages 15 - 19 in Georgia. National data show that nearly one-third of motor vehicle deaths of teens involved alcohol. If you or your collaborative meets with your legislator to talk about the potential impact of the bill, you are lobbying if you say, "Don't vote for the bill." You are not lobbying if you say, "We are concerned that this bill will make it easier for older adolescents to purchase alcohol, and national data show that nearly one-third of motor vehicle deaths of teens involved alcohol."
  
  
• You testify before a legislative committee and provide information about potential impact of the legislation.
  
  
• You meet with a non-legislative group, such as a school board, the state board of health, a chamber of commerce, a civic club, police chief, a trade association, etc.
  
  
• You host or attend appreciation luncheons, breakfasts, legislative wrap-up sessions and the like.
  
  
• You sponsor a candidates' forum, as long as you do not endorse a candidate or take a position on an issue to be voted on, such as a referendum or constitutional amendment.
  
  
• You inform legislators about the results of nonpartisan analysis, study or research.
  
  
• You inform collaborative members about legislation.
  
  
• Your Family Connection collaborative visits your legislators at the State Capitol to thank them for their support of Family Connection or to provide testimony at a legislative hearing regarding potential impact of a proposed bill or budget item.

You ARE lobbying if:

• You ask a legislator to vote for or against a particular bill.
  
  
• You ask collaborative members to contact their legislator and ask them to vote for or against legislation.
  
  
• You send a letter to legislators and ask them to veto a bill.

It is important to remember that:

• Nonprofits can lobby and just need to meet certain guidelines. IRS rules allow nonprofits to spend up to 20 percent of their budget (if annual budget is under $500,000) on lobbying. Expenditures that would count toward lobbying include staff time, mailing costs, transportation costs, printing/telephone, etc.
  
  
• Legislators and policymakers appreciate and value nonbiased information provided to them by lobbyists, organizations and citizens. Some of the most effective lobbyists are those known for providing factual, reliable information. Legislators and policymakers want to know the potential impact of their decisions. Family Connection collaboratives can be an invaluable resource for legislators by providing input and making the connection between a budget or policy decision and the potential impact on constituents of the legislator at the local level

For more information about IRS regulations on lobbying by nonprofits, visit www.irs.gov/formspubs/page/0,,id%3D12384,00.html

Disclaimer:
This information should not be considered legal advice.