Advocacy Basics

8/14/2019 Advocacy Basics

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Performing Arts

Alliance

The Coalition of

Performing Arts

Advocates

ADVOCACY BASICS FOR

PERFORMING ARTS

ORGANIZATIONS


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The Performing Arts Alliance would like to thank the League ofAmerican Orchestras for permission to useBest Defense: AGuide for Orchestra Advocates, by John D. Sparks, edited by

Heather Noonan, as a resource in preparing this document.Thanks also to the National Assembly of State Arts Agencies for

use ofThe NASAA Advocate: Strategies for Building Arts

Supportby Thomas L. Birch. Our thanks also go to HaleyGordon, Government Affairs Director, for permission to useGrassroots Advocacy 101, prepared for OPERA America.

Theatre Communications GroupsPolitical Advocacy for yourTheatre, was another helpful guide.

www.theperformingartsalliance.org


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ADVOCACY 101: LOBBYING

DEMYSTIFIED

Advocacy - Direct efforts to persuade policymakers

to take legislative action; general efforts aimed at

advancing a point of view.

Lobbying - Activities aimed at influencing members

of a lawmaking body on legislation.


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ADVOCACY 101

Whether policymakers are for or against an important issue,citizens have the ability to speak their mind and show wherethey stand

Lawmakers wantto hear from voters, and they expect regularpeople to lobby, not political or technical experts

Constituents who speak on behalf of an arts organizationpossess more political leverage than unaffiliated citizens

Legislation has a tremendous impact on the arts and needs tobe addressed at all levels of government

Electioneering is strictly prohibited. Arts organizations CANNOTendorse a candidate or political party.


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PERFORMING ARTS ALLIANCE

The Performing Arts Alliance (formerly theAmerican Arts Alliance) and other national and statearts organizations lobby directly.

To keep PAA aware of your organizations efforts,please send copies of any Congressionalcorrespondence and make reports of phone contactsor meetings

PAA sends Action Alerts and Advocacy Reports byemail to keep the field up to date on federal issues

www.theperformingartsalliance.org


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GET INVOLVED: INDIVIDUALS AND

ORGANIZATIONS

Who Should Lobby?

Trustees, professional arts organization staff,volunteers, artists and patrons

Community coalitions - A group of local

institutional partners who share common policy

concerns


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BUILDING A CASE

Government Affairs Designees coordinate organizational

lobbying

Introduce government affairs activities on board agendas

Identify your most connected persons to contact legislators

Develop an Informational Packet of Materials

Background information, mission statement, calendar

Season brochure, posters, outreach and educational programs

Economic impact studies, fact sheets on relevant issues,

newsletters


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TOP ISSUES

What is your concern about this policy?

What is your organizations history with this issue?

What outcome do you prefer? What outcome is acceptable? What is your legislators record on this issue?

What likely reasons will he/she use to oppose, avoid, or

support your position?

What do you need your legislator to do? Find facts or statistics to show how the arts organization is

helped/harmed by this legislative issue.

If a government program is involved, what alternatives exist?


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RESEARCH POLICYMAKERS

Targeted Congressional members should encompass the same

areas as your organizations audience and financial support

Also, areas covered by your advertising, season subscription

marketing, and education/community outreach programs Learn about the selected legislators personal interest or

investment in the arts

Have they been donors or subscribers to your arts

organization or other local organizations? Have they attended a performance recently?

Are they known to your trustees or personally known to

any of your advocates?


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START A NEW RELATIONSHIP

Even having known about the organization for some time,policymakers may need some encouragement before theyrecognize their relationship to your organization.

After every election, introduce your organization by:

Communicating your interest in working together in the future

Submitting the aforementioned packet of organizationalmaterials, as well as updating this packet once a year

Placing the legislator on your press list, and getting on his/herpress list

Requesting a meeting at the legislators office to discuss yourorganization, its current situation, future plans, and issues of

concern


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ONLINE RESOURCES

Committee assignments

Voting records

Contact information (fax, phone, e-mail) District office locations/hours and names of district

directors

Names of Washington staff aides who handle arts

issues

Biographical information may be found at

http://congress.org/


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LETTERS & MEETINGS

E-mails, faxes and personal meetings are most effective

Be organized, legible, polite and to the point

A thin line exists between beingpersistentand beingpestilent

Clearly identify the actions you are requesting your legislatortake

If you are referring to a specific piece of legislation, identify itappropriately (House bill: H.R. or Senate bill: S. )

Personalized communication stands out Avoid signing or sending petitions

Anonymous phone calls will be ignored

Request a written response to a phone call; be sure to stateyour position and identify yourself as a constituent


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QUALITATIVE MAIL COUNT

Listed below in ranking order from most effective to leasteffective:

1. A handwritten one- or two-page letter, on personal or business

stationery, faxed2. A typed one-page letter, on personal or business stationary,

faxed

3. A longer letter, though more detailed, is less likely to be read

4. A one-page e-mail, written by a person rather than a machine

5. A mailed letter

6. A handwritten postcard

7. A pre-printed letter, signed by the sender(s), increased invalue with volume

8. A pre-printed postcard same as a pre-printed letter


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WRITTEN CORRESPONDENCES

Written letters faxes or e-mails should be addressed:

If writing to the Chair of a Committee, letters should be

addressed to Mr. Chairman or Madam Chairwoman.

The Honorable [Full

Name]

United States Senate

Washington, DC

20510

Dear Senator [Last

Name],

The Honorable [Full

Name],

United States House

of Representatives

Washington, DC

20515

Dear Representative

[Last Name],

Written letters faxes or e-mails should be addressed:


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PERFORMANCE ETIQUETTE

Personally greet elected officials before the performance Government affairs designees should be sure to meet the

official directly Offer to take him/her backstage to meet the artists Photos may be taken, and local newspapers may be notified Make legislators aware of any public funding used in support

of the organization, If appropriate, acknowledge the legislators presence in the

audience Seat the legislator with other prominent patrons For more information, please see the document, "Inviting

Members of Congress to Performances and Events: A Guide toGift Rules" on the Performing Arts Alliance website


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PREPARING FOR THE

APPOINTMENT

Scheduling

Legislators are typically in Washington Tuesday throughThursday and are frequently home in the district Friday

through Monday and when Congress is in recess Capital Switchboards phone number is (202) 224-3121

Ask to speak to a scheduler and begin by explaining you are aconstituent

Be flexible, describe your discussion topic, and mention whowill be attending the meeting with you

Do not be discouraged if you meet with a staffer; they are veryknowledgeable and important to your legislator


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PREPARING FOR THE

APPOINTMENT

Making Connections

If someone in your group knows the legislator,

mention it Describe how NEA funds and charitable deductions

have already contributed to your successes in thecommunity.


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MAKING THE PRESENTATION

Be patient, polite and on time

Stay focused and conscious of time

If appropriate, thank him/her for his/her previoussupport

Do not assume your legislator has any priorknowledge of the subject

Convey that if you win, so does your legislator andthe community


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MAKING THE PRESENTATION

Be prepared to discuss your legislators ability toinfluence a policy, but also be aware of the otherelected officials he/she may be capable of lobbying.

If you do not know the answer to a question, say so,and promise to follow up with the answer as quicklyas possible

Ask your legislator exactly where he/she stands on an

issue or an aspect of a bill Follow up with a polite letter of thanks that includes

the main points of your meeting, commitments madeand any additional information requested


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GRASSROOTS ADVOCACY

Media Support

As defined by the IRS, grassroots lobbying (orindirect lobbying) is using advertising and the newsmedia to encourage legislative action

Persuading editorial boards to encourage a supportivearts policy or printing a specific article in support ofan issue

Press conferences Photo opportunities at event Paid advertising


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GRASSROOTS ADVOCACY

Audience Policy Support

Asking audience members to call or write tolegislators

Placing signs in the lobby Distributing an advocacy newsletter Urging support for legislation through your program

book Sending letters to subscribers Speaking from the stage


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FOLLOWING UP

If Your Legislator is Solidly Opposed

Be certain of your legislators opposition

Remind him/her of the mutually beneficial position

you have presented

Add that the entire community will be monitoring the

outcome Voice disappointment in a polite letter

Express interest in working together in the future


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FOLLOWING UP

If Your Legislator Leans Negative or is Undecided

Resubmit your basic arguments, including any new

supporting factors

Consistent pressure is an important lobbying tactic

If Your Legislator is Supportive

Privately and publicly THANKthem Persuade them to do more by speaking to colleagues

and other party members

Cultivate this relationship


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LEGALITIES & REGULATIONS

Federal law considers a nonprofit to be lobbying whenit expends funds to urge, or to ask others to urge, alegislative official (officeholders, staff) to take a

position on legislation. Doing so does not affect theorganizations tax status or subject it to taxes or fees.

For nonprofits, two basic requirements exist:

1) Report on the annual tax return the total amount of

funds expended for lobbying2) Do not exceed the limit on the percentage of yourbudget that can be devoted to lobbying.

To determine this percentage, your organization should

make the 501(h) election.


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501(H) ELECTION

Nonprofit expenditure limits for direct lobbying are determined

by the budget size of the organization. Under 501(h)

expenditure test public charities may spend:

Direct Lobbying

20% of the first $500,000 of its exempt purpose expenditures

15% of the next $500,000 and so on, up to one million dollars

a year

Grassroots Lobbying

5% of the first $500,000 of its exempt purpose expenditures

3.75% of the next $500,000, and so on, up to $250,000 a year


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501(H) ELECTION

Electing to come under the 501(h) lobbying definition is

free, simple and permanent. By choosing to becovered by the Lobbying Law, the IRS will determine

how much a 501(c)(3) nonprofit can legally lobby.

The printable 501(h) election form may be found on

the IRS website at http://www.irs.gov/pub/irs-pdf/f5768.pdf


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LEGALITIES & REGULATIONS

Should your organization receive a government grant,these funds cannot be used to lobby.

The legal limits on nonprofit lobbying only take effectwhenfunds are expendedby the organization forlobbying activities. These include:

Spending staff time

Producing materials

Sponsoring events

Providing travel


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501(c)(3) VS. 501(c)(4)

501(c)(3) nonprofits are tax-exempt organizations

organized for charitable or educational purposes.

Contributions to 501(c)(3) organizations may beearmarked for lobbying, but the donor cannot take a

tax deduction for it.

501(c)(4) nonprofits are tax-exempt organizationsorganized specifically for lobbying or political

campaigning. Donations to a section 501(c)(4)

organization are not deductible by the donor.


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LOBBYING VS. ELECTIONEERING

What Activities AreProhibited?

Electioneering is strictly prohibited. Arts

organizations CANNOT endorse a candidate orpolitical party

Defined as actively working or taking an activestance on a political party or candidate, electioneering

is very different from lobbying Nonprofits may not provide materials, money, or

other resources for candidates or parties

An arts organization may not urge others to support

or oppose candidates


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LOBBYING VS. ELECTIONEERING

What Activities ArePermitted?

Nonprofits may consult with candidates/parties and report (ina nonpartisan manner) on issues

Performing arts organizations may expend funds and takepublic positions on referenda, ballot initiatives, propositions,tax levies, etc., as long as they do not cross the line into partyor candidate endorsement

A nonprofit may: Endorse ballot issues Advertise Pass out leaflets Participate in debates Write letters to the editor

Communicate its point of view to the general public


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TRACKING EXPENSES

This section of the budget, which is to be reported onyour annual IRS Form 990, will likely be far below

the legal lobbying expense limit Rules exist about Congressional gifts and for your

state legislators as well. For state rules, check withyour state nonprofit association or state arts advocacygroup


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TRACKING EXPENSES

When using organizational funds for lobbyingactivities, an accurate record should be kept of:

How much money was spent

For what purposeWhich officials were lobbied

When officials were lobbied

Costs may include any of the following:Congressional mailings

Direct meeting costs

Providing complimentary tickets


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PERFORMING ARTS ADVOCACY:

Lobbying for Public Policy Change

Documents

Advocacy Basics