Appendix: Lobbying vs. Education Rules and Regulations

Through effective advocacy, organizations can bring greater awareness to their program and issues, increase funding levels, improve the system through policy changes, and affect larger numbers of individuals than what is possible solely through direct service. But, in order for these changes to happen, organizations must make sure their voices are heard by legislators. There is often confusion about what “lobbying” is and who can engage in lobbying.

Lobbying is a series of actions intended to influence legislators, the executive branch, or other government officials to support your cause. That might mean asking them to introduce a bill, or to vote a specific way on a piece of legislation or a budget. Lobbying does not necessarily mean making political donations—“public interest” lobbying means providing information to a legislator about your legislative issue and letting the facts and necessity of your cause sway your legislator.

There are some rules and regulations to keep in mind, however.

  • 501(c)(3) Nonprofits are indeed allowed to lobby—but lobbying must be an insubstantial part of the nonprofit’s activities.
    • If your nonprofit will be doing lobbying regularly, it makes sense to register with the IRS by filling out IRS Form 5768. This provides definite caps on lobbying expenditures (20% of the 1st $500,000; 15% of the next $500,000, etc.) You must then track your lobbying expenses and report on them when you file your organization’s tax return.
    • If you will only be doing an occasional meeting or event, it is not necessary to register.
    • Nonprofits are not allowed to make campaign contributions or support specific candidates in any election.
  • Federal grants OR the funds used to match federal grants cannot be used for lobbying. But, organizations with federal grants CAN use money from other sources to lobby.
  • Private foundations and churches are not allowed to lobby.
  • Grants from private foundations may have restrictions on use for advocacy/lobbying. Generally, the grant funds themselves cannot be used for lobbying, but an organization’s other funds that do not have such restrictions can be used for lobbying.

If you are at all nervous about these lobbying rules and recommendations, you can consider “educating” your Member of Congress instead of lobbying. Educating your Member of Congress means you can inform him or her about how Safe Routes to School has benefited or will help your local community—but that you do not “make an ask” for the Member of Congress to support a specific piece of legislation or vote a certain way.

Additional resources on lobbying rules and regulations are available at the following websites: