Advocacy and lobbying compliance
Legal counsel for nonprofits that want to advocate boldly and do it right.
Advocacy is at the heart of what many nonprofits do. But the rules governing what a tax-exempt organization can and cannot do, across federal law, IRS regulations, and state lobbying statutes, are complex, frequently misunderstood, and consequential when violated.
Many 501(c)(3) organizations underestimate how much advocacy their tax status actually permits. Others engage in lobbying and political activity without the compliance infrastructure to support it. Both scenarios carry real risk: financial penalties, loss of tax-exempt status, and reputational harm.
Commonlight Legal advises nonprofits and advocacy organizations across New York, D.C., Connecticut, and Massachusetts on the full range of advocacy compliance matters, with practical guidance that helps organizations do more, not less, while staying on the right side of the rules.
Complex rules. High stakes.
Commonlight Difference
As a former legislative attorney at the U.S. Department of Education, Alex Booker brings an insider's understanding of how advocacy lands in Washington, not just how it's regulated.
Four pillars. One goal.
Most tax-exempt organizations are operating well below the advocacy activity their status actually permits, often out of caution based on incomplete information. We help clients understand the rules so they can advocate confidently, not fearfully.
501(c)(3) advocacy and lobbying
Insubstantial-part test vs. 501(h) election analysis. Lobbying expenditure tracking. Political campaign intervention rules. Voter education and candidate forum compliance. Language to avoid in grant agreements. Extra care for private foundations.
501(c)(4) advocacy structures
501(c)(4) formation and tax-exempt application. Dual-entity structures (501(c)(3) + 501(c)(4)). Resource-sharing agreements and allocation methodologies. Primary-purpose analysis.
Federal and state lobbying registration
Federal Lobbying Disclosure Act compliance. State lobbying registration and reporting across CT, NY, MA, and DC. Threshold analysis. Quarterly and annual filings.
Advocacy infrastructure
Internal policies. Board training on advocacy permissions and limits. Grant language and non-lobbying cost accounting. Coalition and fiscal-sponsor structures.
Uncertain about current compliance?
We offer compliance reviews for organizations with active advocacy programs:
a structured assessment of your current activity, expenditure tracking, and registration obligations across your operating jurisdictions.