Within the arts and cultural management profession, there may be a wide variety of political ideologies, however there is an emerging consensus that action is necessary. Our field faces direct attacks on the National Endowment for the Arts and indirect attacks through policies that hurt innovation and environments of inclusion. To respond to this new environment many organizations are asking what they can do to represent their artists, audiences and communities.

It is a longstanding myth that nonprofit organizations cannot advocate for political issues or pending legislation. Even when some believe that they can it is assumed that any information needs to impartial or neutral. In reality with planning, the full support of your organization stakeholder’s, and clear idea of how the political activity you wish to engage with connects to your mission, an organization can confidentiality engage in the political process.

Why not?

Take a look at the following introduction on the IRS’s website, and think about where you would place the emphasis.

In general, no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying).  A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status.

In general, no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying).  A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status.

No organization wishes to lose its tax status! Nor do any organizations want to anger a donor. If your mission is to serve the entire community, then you cannot take controversial stances. Further foundations are under different regulations and may not want you to engage in the legislative process, out of fear it will jeopardize their funding.

How?

First you need to understand what is limited and what isn’t, second how much of what is limited is safe.

Lobbying

• Direct Lobbying (communication with a legislator that expresses a view about specific legislation)
• Grassroots Lobbying (lobbying communication with the public that expresses a view about specific legislation and includes a call to action)

Not Lobbying

• Lobbying of administrative bodies (school boards, sewer and water districts, housing authorities, zoning boards, and other special purposes bodies, whether elected or appointed, are not considered legislators)
• Nonpartisan analysis, study or research that presents all sides of an issue
• Responses to written requests for assistance from committees or other legislative bodies.
• Challenges to or support for legislative proposals that would change the organization’s rights or its right to exist.
• Examinations and discussions of broad social, economic, and similar problems.

By default the IRS measures lobbying to be substantial based on the amount of activity. However organizations can elect to have their lobbying activity to be assessed based on expenditures.  Organizations with annual expenditures greater than $500,000 can spend at least $100,000 on lobbying activities. Organizations with less than that in annual expenditures can spend 20% of their expenses on lobbying. While staff time is measured in both methods of assessment, the time of volunteers and any free resources used is included in the default activity assessment.

Why?

As with everything your organization does, lobbying must be central to your organization’s mission. This does not mean your mission has an explicit call for social justice, but rather, for example, a commitment to help diversify audiences or increase support in the community for local funding. By working with your board and donors, electing to be assessed based on expenditures and implementing accounting procedures to accurately reflect your organization’s lobbying activity your arts organization can become an active partner to advocacy groups. Your organization can take a public position, post their support on social media, provide space for meetings (for free), organize supporters to visit state capitols and be a full partner with communities that currently do not feel at home in our spaces.