Nonprofit Lobbying

Nonprofit organizations play an important role in helping to shape public policy in New Hampshire. The range of issues on which their impact is felt is limited only by the scope of nonprofits, themselves. Virtually every nonprofit works within a framework in which policy decisions made by elected or appointed officials at all levels of government affect its ability to achieve its mission.

Because individual legislators in New Hampshire have no staff, they are dependent on others to help them understand critical issues. Nonprofit organizations and other stakeholders play a valued role as an educational resource, and legislators both want and need your expertise.
 
Both state and federal law assume that nonprofits will be advocates, and there is nothing inconsistent with being a 501(c)3 and lobbying to advance your mission. The Alliance for Justice has a wealth of materials on IRS rules for nonprofit managers, board members, lawyers, accountants, and funders at http://www.afj.org/for-nonprofits-foundations/resources-and-publications/about-advocacy-lobbying.html.

If you are interested in advocating for your nonprofit, here are some helpful tips on testifying before the New Hampshire legislature:

DO

• Make sure of time and hearing room (usually in the Legislative Office Building).
• Leave your name with the committee clerk to be called, if possible, stating your position with regard to the bill. If it is not possible to leave your name with the clerk, rise when chairman calls for more testifiers.
• Be on time, but be patient. Members of the legislature will be heard first as a courtesy extended by the chairman, as will experienced lobbyists familiar to the chairman.
• Be accessible. If it is a large hearing, go to a seat near the front as your time to testify approaches.
• Know the contents of the bill thoroughly. Be absolutely sure that your backup facts and figures are accurate.
• Rise when called. Begin “Mr./Madam Chairman” and then give your name, address, and identify the organization you represent. Address the committee only, not the audience.
• State your position for or against the issue. Summarize your recommendation first, add explanation afterward. What is your special interest? How did you arrive at your conclusion? Who will benefit? Who will be hurt? Be brief and to the point. Restate your recommendation, and thank the committee.  
• BE BRIEF, 3 minutes is a good rule of thumb.
• Speak loud enough to be heard. Make a copy of your testimony available if possible. It may be the only detailed record available.
• Be confident and cooperative. Committee members are there to hear your viewpoints, not to defend their own. They have no reason to embarrass you, but they may ask questions to clarify points you make.
• Respond directly if you can; If you do not know the answer, say so. Do not act as if difficult questions were a personal, hostile challenge. You may not question committee members, but the chairman may permit you to question him or her to clarify facts.
• Be prepared, not repetitive. Repeat points made in previous testimony only to endorse them. The committee may limit the amount of time allowed any speaker.

DO NOT

• Make negative remarks about other groups or individuals.
• Quote the Constitution or RSAs unless you are attempting to show conflicts in the law.
• Attempt to instruct the committee members as to their “duties to the people” or “moral obligations.” They know more about this than you do.
• Give any more background information than absolutely necessary for the committee to understand your testimony.
• Get into arguments with committee members during testimony. Make a mental note of any controversial points and see the person after the hearing.
• Be afraid to say, “I don't know, but I will try to find out and get the information to you later.”
• Dodge questions. Answer succinctly and honestly.
• Call legislators by their first names while testifying, no matter how well you know them.
• Guess at a legislator's name in an attempt to prove you are an insider.
• Appeal to a legislator's self-interest while testifying. 
• Give the same testimony twice to the same committee. Many times committees will hold a series of hearings. If you have presented material before, refer to that fact, give a brief summary of your testimony, any changes in status or facts, ask if there are questions, thank the committee members for their time, and sit down.

Jack Lightfoot is the director of advocacy at Child and Family Services of New Hampshire. He has been a highly respected, state and nationally recognized advocate for children and families throughout his career.