When I travel around the country
and visit animal shelters and rescue organizations, I see first-hand the
fantastic work that these groups do in their communities: animal adoptions,
spaying and neutering, humane education, anti-cruelty law enforcement, and much
more. But when I ask if local groups are
involved in lobbying efforts to protect animals, I often hear the same response:
“But we’re a nonprofit charity and we’re not allowed to lobby!”
It’s a common misperception, but
it’s not true. Charitable groups can and
should advocate for public policy changes. Gary D. Bass, executive director of OMB
Watch, says that there is a long tradition of charitable advocacy and civic
participation in this country: “Nonprofit lobbyists have been involved in nearly
every major public policy accomplishment in this country—from civil rights to
environmental protection to health care,” he
told the Washington Post. “Tens of thousands of lives have been saved by
passing laws that improve car safety and reduce drunk driving.”
Animal protection groups have
also made major progress
through lobbying. In fact, animal shelter and rescue groups can offer
resources and expertise to lawmakers, and are often the best judges of how
public policies could help address problems in their communities. Would a spay and neuter bill reduce the
number of unwanted pets euthanized in local shelters? Is dogfighting on the rise and are tougher
penalties needed? Would restrictions on
the private ownership of exotic wildlife make the community safer?
Nonprofit groups can make the
case to lawmakers on these issues, but there are limits on how much lobbying
they can do. Any animal protection group
that is going to be involved in lobbying should consult its own attorneys and
accountants. But in general, most animal protection groups are registered under
section 501(c)(3) of the Internal Revenue Service code, meaning that the groups
are tax-exempt and their donors receive a tax deduction; in exchange, the groups
have to abide by rules and caps governing their advocacy work.
Any 501(c)(3) charity can
advocate for or against legislation at the federal, state, or local level, but
lobbying must not be a substantial part of the group’s activities or must not
exceed a set expenditure cap. The group
can also advocate for or against issues on the ballot, which could include
gathering signatures for a ballot initiative, informing its members about the
proposal, or donating directly to a ballot committee. There is a strict prohibition, however, on
501(c)(3) groups advocating for or against the election of individual lawmakers,
or donating to political candidates.
The Humane Society Legislative
Fund was organized as a 501(c)(4) social welfare organization, so it operates
under different guidelines. It has no
limit on its lobbying activity, and can engage in some advocacy in candidate
elections. Other types of groups such as
527s and Political Action Committees follow different rules. But none of this diminishes the importance of
501(c)(3) nonprofit charities exercising their rights to advocate for
legislative reforms to the extent allowable.
The Alliance
for Justice offers plenty of resources for charities, foundations, and
others on understanding the lobbying rules and restrictions. And once you know that you can lobby,
there are other resources such as the AdVocacy
Guru which can help teach you how to
lobby effectively.
But keep in mind, when you hear
the word “lobbying,” it’s not just Jack Abramoff and abuses of the system that
should come to mind. Advocating for
public policy reforms is not only allowed, it’s part of our civic duty.
