Apologies in advance for the long post (NOT sliding)

This is the OSI cheat sheet for lobbying (which would apply to any non-profit)

Basically they can donate to organizations, talk to legislatures, or even run media ads if they fall within the law.

PART 1 of 2

MEMORANDUM TO POTENTIAL GRANTEES REGARDING

“LOBBYING” UNDER TAX REGULATIONS

Under federal tax regulations, the Open Society Institute and the Foundation to Promote Open Society, as private foundations, cannot and do not engage in or support any “carrying on propaganda, or otherwise attempting to influence legislation” (i.e. “lobbying”) whatsoever. By contrast, potential OSI or FPOS grantees that are public charities may legally engage in a certain amount of lobbying. Therefore, OSI closely reviews grant proposals and grantee reports to ensure that OSI and FPOS funds are not used by grantees to lobby, even if the lobbying by the grantee is permissible…

A. Definition of Legislation. Lobbying is generally defined as attempting through communications with legislators or the public to influence specific legislation, whether pending or proposed. The legislation can be federal, state, local or foreign. Under the regulations, “legislation” includes all of the following:

(1) specific legislative proposals, including referenda and ballot initiatives, even if they have not yet been introduced (such as model legislation);

(2) treaties requiring Senate ratification become “legislation” under the regulations beginning when the Administration begins negotiating the U.S. position with other treaty parties;

(3) Senate confirmation of Administration appointees (e.g. federal judges and Cabinet-level officials);

(4) Congressional appropriations; and

(5) Congressional resolutions, even if they have no binding effect.

B. Types of Lobbying

There are two types of “lobbying” under the regulations: “direct lobbying” and “grass roots lobbying.” Each has a specific and technical meaning.

C. Direct Lobbying

Direct lobbying is a communication with a federal, state, local or foreign legislator, staffer or other official participating in the legislative process, that:

(1) refers to specific legislation; and

(2) takes a position on that legislation.

Ballot Initiatives and Referenda. Communications with the general public that refer to and take a position on referenda or ballot initiatives constitute direct (not grass roots) lobbying. No “call to action” is required for these communications to be lobbying because in this case, the public is the legislature.

Executive branch officials. Most communications with executive branch officials are not lobbying for purposes of the tax regulations. A communication with an executive branch official is direct lobbying if:

On a side note, here are the programs that Soros is involved in 2014

(1) the communication refers to and takes a position on specific legislation (but not executive branch enforcement or interpretation action); and

(2) the primary purpose of the communication is to influence legislation (e.g., preparing testimony for an executive branch official for hearings on proposed legislation.)

Some examples of direct lobbying include:

meeting with legislators or their staff to discuss specific legislation;

drafting or negotiating the terms of a bill;

discussing the potential contents of a sense-of-the-Senate resolution with legislators or staff;

meeting with officials of an administrative agency to influence testimony on a legislative proposal;

providing comments to legislators on confirmation of an administration appointee, such as the Secretary of State; and

urging a Presidential or gubernatorial veto or signing of a bill.

D. Grassroots Lobbying

Grassroots lobbying is a communication with the public that:

(1) refers to specific legislation; and

(2) reflects a view on that legislation; and

(3) includes a “call to action” (except in specific cases, when a call to action isn’t necessary to constitute grass roots lobbying).

Some examples of a call to action include:

(a) urging the recipient to contact a legislator or staffer (e.g., “Tell Congress what you think,” “Call your Representative”); or

(b) providing the address or telephone number of a legislator; or

(c) providing a petition, tear-off postcard, other mailing or email communication, addressed to a legislator; or

(d) identifying a legislator as opposing the legislation, as being undecided, as being a member of the committee considering the legislation, or as being the recipient’s representative. Note: Simply identifying the sponsor of the legislation does not count as a call to action.

'''__Important exception to the call to action requirement. The one circumstance in which a communication with the general public about specific legislation might be considered lobbying even without a call to action involves paid mass media advertisements on highly publicized legislation. The regulations presume that such paid communications are lobbying if:

(1) they occur within two weeks before a legislative vote (including a committee vote); and

(2) they reflect a view on the general subject of the legislation; and

(3) they either refer to the legislation or encourage the public to communicate with legislators on the general subject of the legislation.__'''

Legislation is “highly publicized” if it receives frequent coverage on television, radio, and in general circulation newspapers during the two weeks preceding the vote by the legislative house or committee; and (2) the pendency of the legislation or its general terms, purpose or effect are known to a significant segment of the general public (as opposed to the particular interest groups directly affected) in the geographic area where the advertisement appears.