Advocacy vs. Lobbying - An Association Management Company

March 2019 – Rick Szilagyi, Principal

First, please be aware that there are over two dozen types of 501(c) organizations, and one of the key differences is how the IRS views lobbying by a given type. For example, IRS guidelines limit 501(c)(3) organizations, also known as charities, relative to lobbying activities. One of our references below will lead you to IRS info relative to charities and lobbying. You do not want to put your 501(c)(3) determination in jeopardy. Second, please consult your state’s regulations relative to the potential need to register as a lobbyist. While your volunteer work goes unpaid, a state may still view your actions as that of a lobbyist. Now that I have that out of the way…

Here, we often say that the work of a 501(c)(6) nonprofit, AKA a trade association, business league, chamber, etc., falls into three buckets: advocacy, community, and education. So, what is the difference between advocacy and lobbying?

Advocacy is defined as the act or process of supporting a cause or proposal. Lobbying is defined as seeking to influence a politician or public official (or his or her staff) on an issue. As an example, advocacy would be letting a government official know how an issue is affecting a group, while lobbying would be requesting a government official to support a piece of legislation.

Lobbying can also be broken down into two categories. Direct Lobbying is to make direct contact with a politician, or requesting that members of your nonprofit make that contact. Grassroots Lobbying involves reaching out to the general public and asking them to contact their legislator or their legislator’s staff. Advocating and grassroots lobbying can be done utilizing all the ways you communicate with your members, program participants, and the general public, including your website, email, newsletters, in-person meetings, social media, etc. You’re getting the word out, not directly contacting an official relative to a specific bill or piece of legislation.

Should We Hire a Lobbyist?

Based on my experience, my recommendation is this: If your organization can afford it, hire the professional—and there are several reasons why. While you know the issue affecting your constituents, the professional is connected in ways the rest of us are not. Hearings are posted with very little public notice, sometimes as little as 24 hours, but your lobbyist will likely be aware much sooner than that. Because your lobbyist routinely works with legislators, he or she will be able to recommend the initial sponsor(s) for a bill. Furthermore, your lobbyist, or someone within their firm, knows how to write a bill appropriately. We have worked with and without lobbyists, and “with” has proven to be much more likely to yield success.