Advocacy & 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 Connecticut, DC, Massachusetts, and New York on the full range of advocacy compliance matters — providing practical guidance that helps organizations do more, not less, while staying firmly on the right side of the law.
Commonlight Legal's advocacy compliance practice is led by Alex Booker, a former legislative attorney at the U.S. Department of Education coordinating interagency review of federal legislation and developing Administration positions on bills. He brings an insider's understanding of how advocacy lands in Washington, not just how it's regulated.
Advice on the strategy and implementation of the 501(h) expenditure test election
Fiscal sponsorship compliance for advocacy projects
Formation and governance for affiliated 501(c)(3)/(c)(4) structures
State lobbying registration and reporting in Connecticut, D.C., Massachusetts, and New York
Compliance audits for organizations with active advocacy programs
Advice on proposed legislation, ballot measures, and regulatory comments
Your 501(c)(3) can probably do more than you think.
Most tax-exempt organizations are operating well below the advocacy activity their status actually permits, often out of caution based on incomplete information. The 501(h) expenditure test election, for example, provides a clear, predictable framework for lobbying activity that the majority of eligible organizations have never made.We help clients understand the rules so they can advocate confidently, not fearfully.
Not sure whether your organization's advocacy activity is compliant? 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.