Nonprofit Lobbying Rights

Articles & Analysis

Super (Loud) PACs and Soft-spoken Issue Advocates

Outside groups are spending nearly 1,300 percent more on broadcast advertising for the 2012 election than they did in 2008, according to an analysis released on Jan. 30. This is the clearest demonstration yet that Citizens United v. Federal Election Commission has fundamentally rewritten the rules for political spending.

OMB Watch Applauds White House Move to Quickly Fill Ethics and Government Reform Roles upon Norm Eisen Departure

WASHINGTON, Aug. 6, 2010—Today, OMB Watch joined with several other good government groups to applaud the work of Norm Eisen, Special Counsel to the President for Ethics and Government Reform. The groups also expressed appreciation that the White House has moved swiftly to replace Eisen, who is departing to become Ambassador to the Czech Republic.

Citizens United Decision Spurs State Campaign Finance Legislation

State legislators across the nation are introducing campaign finance legislation to mitigate the impact of the Citizens United v. Federal Election Commission decision, in which the U.S. Supreme Court ruled that corporations and unions may now directly and expressly advocate for the election or defeat of candidates for federal office.

DISCLOSE Act Seeks to Blunt Impacts of Citizens United

To blunt the impacts of the U.S. Supreme Court decision in Citizens United v. Federal Election Commission, Rep. Chris Van Hollen (D-MD) and Sen. Charles Schumer (D-NY) recently introduced companion bills, both called the DISCLOSE Act (the Democracy Is Strengthened by Casting Light On Spending in Elections Act). The legislative response would create new, rigorous campaign finance disclosure requirements meant to prevent moneyed interests from drowning out the voices of citizens and smaller advocacy organizations.

Grassroots Lobbying Disclosure Laws and the First Amendment

On April 15, the Institute for Justice (IJ) filed a lawsuit on behalf of two volunteer groups challenging part of Washington State's grassroots lobbying disclosure law as a violation of their First Amendment rights to free speech, assembly, and petition. In Many Cultures, One Message v. Clements, the groups claim that having to register as grassroots lobbying organizations is burdensome, and revealing information about their financial supporters could leave donors open to threats from opponents.

A Song about Nonprofit Speech Rights in 2009

Jingle Bells, Jingle Bells, Speech Rights are the thought of the day
Oh what fun it is to work
When nonprofits have a say, hey!

Study Reveals the Focus on Lobbyists Could be Flawed

According to a study conducted by OMB Watch and the Center for Responsive Politics (CRP), 1,418 federally registered lobbyists "deregistered" with Congress in the second quarter of 2009 (between April and June). This is a considerably higher rate than that seen in the average reporting period, when a few hundred lobbyists terminate their active status. The groups cautioned that this finding does not necessarily mean that the Obama administration's policies on lobbyists are leading to fewer outside influences on government policy, or that those policies are creating more transparency.

NCRP Report Confirms Return on Investment in Advocacy

New research from the National Committee for Responsive Philanthropy (NCRP), a national foundation watchdog organization, concludes that public policy work is an effective strategy to address societal issues. A majority of grantmakers have traditionally steered away from funding public policy, grassroots advocacy, and other civic engagement activities. However, studies continue to show that advocacy work is vital to advancing a nonprofit organization's mission. The NCRP finding that there is such a great return on investment in advocacy could resonate with funders.

Forged Letter Scandal Highlights Need for Greater Disclosure

In June, Rep. Tom Perriello (D-VA) received a letter that was supposedly authored by Creciendo Juntos, a nonprofit group in his district. The letter urged him to oppose the American Clean Energy and Security Act, a bill designed to combat climate change. Perriello's office also received similar letters on letterhead from the local NAACP chapter. These letters turned out to be fake; they were sent by a lobbying firm hired by a trade group representing coal producers and power companies. Government ethics and transparency watchdog organizations responded, saying that using forged letters as part of a lobbying campaign is outrageous misconduct that harms the legislative process and highlights the need for increased disclosure.

Advocates Say New Recovery Act Lobbying Guidance Doesn’t Go Far Enough

On July 24, Peter Orszag, the director of the Office of Management and Budget (OMB), released further guidance that amends restrictions on lobbying for Recovery Act funds. The document states that it is meant "to supersede all prior written OMB and other agency guidance on the subject." Despite the adjustments within the guidance, which advocates note is a significant step in the right direction, many say the changes do not go far enough to prompt disclosure of all lobbying and other contacts associated with Recovery Act spending.