Our Wednesday One program series serves as the foundation of the WIFV programming calendar. Held each year at various locations, these events are open to guests and potential members. Upcoming events are always posted in the calendar section of www.wifv.org.

1. Advocacy for the Arts:
Lobbying Regulation and Strategies
William H. Minor
Women in Film and Video
Washington, D.C.
February 6, 2013

2. Contents
1) Background
2) Legal Considerations
a. Lobbying Registration
b. Restrictions on Charities
c. Restrictions on Use of Funds
d. Gift and Ethics Rules
3) Effective Strategies
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3. U.S. Constitution
The First Amendment to
the U.S. Constitution
affirms:
the “right of the people to
petition the government for a
redress of grievances”
• Antecedents in the Magna Carta, Stamp Act
Congress, and Declaration of Independence
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4. Congress & Courts on Lobbying
U.S. House of Representatives Select
Committee on Lobbying Activities (1950):
• “Every democratic society worthy of the
name must have some lawful means by
which individuals and groups can lay their
needs before government.”
Supreme Court of the United States (1961):
• “The whole concept of representation
depends upon the ability of the people to
make their wishes known to their
representatives.”
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5. Recent Controversies
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6. Reaction (Over-reaction?)
• Greater regulation of conduct by lobbyists
• Expanded disclosure requirements
• Criminal penalties and enhanced
enforcement
• Patchwork of more restrictive gift and ethics
rules for government officials
• Growing uncertainty among elected and
appointed officials about their interactions
with advocates
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7. Contents
1) Background
2) Legal Considerations
a. Lobbying Registration
b. Restrictions on Charities
c. Restrictions on Use of Funds
d. Gift and Ethics Rules
3) Effective Strategies
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8. Lobbying Registration
• Federal government (Lobbying Disclosure
Act), all states, and many local jurisdictions
have lobbying regulation statutes.
• Primary focus of most: public disclosure
(registration and reporting)
• But: growing regulation of conduct by lobbyists
in addition to reporting
• Only limited exemptions for nonprofits
• BUT: virtually all have exceptions for those who
engage in very limited lobbying and/or purely
voluntary lobbying
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9. Elements of Lobbying Laws
• Officials/Agencies Covered:
• Both legislative and executive branch?
• Which executive branch employees (not just
policymaking)?
• Local officials and agencies covered too?
• Activities Covered:
• Is background work (beyond contacts) covered?
• For executive branch lobbying, does the statute
cover more than rulemaking, including
procurement, “administrative action,” and
informal policymaking?
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10. Examples of Exceptions
• Federal: to be required to register, an individual
must devote at least 20% of his/her time to federal
“lobbying activities”
• District of Columbia: must receive compensation or
expend funds of $250 or more for lobbying during
each of three consecutive months
• Maryland: must incur expenses of at least $500 or
receive compensation of $2500 for lobbying
communications
• Virginia: excludes those who receive $500 or less in
compensation and reimbursements for lobbying;
also excludes those whose job duties do not
regularly include attempting to influence
government action
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11. Lobbying Rules for Charities
• For a section 501(c)(3) public charity, no
“substantial part” of the charity’s activities
may constitute lobbying.
• Risk: losing charity’s tax exemption.
• “Lobbying” defined differently than in many
registration statutes.
• Limited to influencing legislation – but also
grassroots.
• “Substantial part” not defined; IRS looks to
all facts and circumstances.
• Alternative: 501(h) lobbying election.
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12. Restrictions on Use of Funds
• Multiple provisions of federal law limit the
use of appropriations, contract, or grant
funds for lobbying purposes.
• Examples: Byrd Amendment, Fed. Acquisition
Regulations, and OMB Circular A-122
• In most instances, organizations may freely
lobby with their own, non-governmental
funds.
• But Simpson Amendment to LDA has broader
implications for 501(c)(4) grantees – except that
rule does not apply to affiliated organizations.
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13. Gift and Ethics Rules
• When interacting with government officials
and employees, bear in mind the multitude of
ethics and gift rules that could apply.
• Technically, rules typically apply to the
government employees – but advocates
should be aware.
• Often restricted: meals, tickets.
• Often excepted: food and drink at receptions,
items of little nominal value, and
informational materials (including DVDs).
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14. Contents
1) Background
2) Legal Considerations
a. Lobbying Registration
b. Restrictions on Charities
c. Restrictions on Use of Funds
d. Gift and Ethics Rules
3) Effective Strategies
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15. Strategies – Planning
• Learn about the legislative process.
• Craft persuasive arguments.
• Develop effective written materials.
• Should be brief, clear, accurate, and fair.
• Be specific about what is sought.
• Identify and target champions and allies.
• Look for connections – constituent,
jurisdictional, subject matter, personal.
• Don’t forget to do the same with staff.
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16. Strategies – Advocacy Contacts
Written communications (letters, e-mails):
• Avoid form letters.
• Make personal connection.
• Be brief and specific.
Personal visits and meetings:
• Schedule an appointment.
• Don’t be put off by meeting with a staffer.
• Leave behind paper.
• Follow up.
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17. Strategies – Related Efforts
• Maximize impact through coalitions.
• Example: Arts Advocacy Day
• Utilize the press.
• Identify those who cover your issue; help the
reporters understand the matter; and become a
trusted source and expert.
• Share your work with elected officials and
staff through invitations, DVDs, etc.
• Keep in mind gift rules.
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18. William H. Minor
DLA Piper LLP (US)
202.799.4312
202.799.5312 (fax)
william.minor@dlapiper.com
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