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Advocacy

PANO is a collective voice to influence state policies on behalf of more than 40,000 nonprofit employees and 100,000 nonprofit volunteers in Pennsylvania. We believe Pennsylvania nonprofit professionals grow better together.

We advance public policies that support a strong nonprofit sector in Pennsylvania to build vibrant and thriving communities. We educate and engage elected officials on issues of importance to nonprofits and the people who count on them.

Duane Morris Government Strategies (DMGS) supports PANO’s advocacy efforts. DMGS is a national full-service legislative lobbying and tracking firm that does work in all 50 state capitals across the country.

Federal Advocacy

Supreme Court and the Voting Rights Act: What Nonprofits Need to Know

What happened: In a 6-3 decision in Louisiana v. Callais, the U.S. Supreme Court struck down Louisiana’s congressional map that had created a second majority-Black district, ruling it an unconstitutional […]

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Johnson Amendment: What It Is and Where Things Stand

What the Johnson Amendment is: The Johnson Amendment is a provision in the federal tax code, adopted in 1954, that prohibits 501(c)(3) organizations from endorsing or opposing political candidates or […]

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IRS Whistleblower Alert: What Nonprofits Should Know

What happened: The IRS issued a public Whistleblower Alert encouraging individuals to report misuse of federal funds — explicitly including misuse by tax-exempt organizations. The IRS Whistleblower Program offers cash […]

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State Advocacy

PA Minimum Wage – Passes PA House, Moving to Senate

What happened: The Pennsylvania House passed House Bill (HB) 1549 (Rep. Jason Dawkins, D-Philadelphia) to raise the state minimum wage from $7.25 per hour — where it has stood since […]

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Paid Family & Medical Leave in PA – House Passes, Senate Uncertain

What happened: The Pennsylvania House passed the Family Care Act (House Bill (HB) 200, Rep. Jennifer O’Mara, D-Delaware) providing up to 12 weeks of paid leave for new parents, victims […]

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Nonprofit Sales Tax Exemption for New PA Nonprofits – HB 2305

What happened: The Pennsylvania House Finance Committee unanimously passed House Bill (HB) 2305, sponsored by Rep. Ben Waxman (D-Philadelphia), which would give newly-formed nonprofits a two-year provisional window to obtain […]

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Frequently Asked Qustions

Can Pennsylvania 501(c)(3) nonprofits lobby?

Yes. Every charitable nonprofit can and should make its voice heard on issues that are important to its mission and to the people it serves. As advocates, nonprofits are required to speak up about policies, laws, and regulations. Lobbying by nonprofits is permitted by law. Unless a charitable nonprofit has elected to have a 501(h) designation, organizations may not spend a “substantial” portion of revenue on lobbying. The IRS does not define substantial.

What activities are considered to be lobbying?

On the federal level, lobbying is contact with a legislator to influence legislation. On a state level for PA, it is contact with a legislator or any member of state government to influence legislation or administrative action. This also includes time spent planning or researching in preparation for a lobbying contact. For reporting requirements, organizations should track the amount of time spent on activities that fit the federal definition of lobbying whether that be on a federal, state, or local level.

Educational contacts that do not include a call to action are not considered in the definition of lobbying.

Can Pennsylvania 501(c)(3) nonprofits participate in voter engagement activities?

Absolutely. Nonprofits have a constitutional right and responsibility to engage in policy-making processes. Though federal regulations require that nonprofits remain strictly nonpartisan (neither supporting nor opposing candidates for elected office), much can and should be done, including voter education guides, voter registration, get-out-the-vote drives, and candidate forums. Each of these activities is legally permissible if conducted in a strictly nonpartisan manner.

Can nonprofits electioneer (e.g. endorse candidates or parties)?

No. While lobbying by nonprofits is permitted by law, charities are strictly prohibited from electioneering. Electioneering is engaging in any political campaign on behalf of, or in opposition to, any candidate for public office. Charities cannot endorse any candidates, make donations to their campaigns, engage in fundraising, distribute statements, or become involved in any other activities that may be beneficial to or detrimental to any candidate for public office.

Charities must operate in nonpartisan mode. Charities must be aware that engaging in prohibited campaign activity could result in excise taxes imposed on the money spent electioneering, loss of tax-exempt status, and more severe penalties for flagrant violations.