Rules of the Game: The Bolder Advocacy Podcast
Whether it be local elections or picking a new president, election season seems to always be lurking around the corner, so on today’s episode we’re unpacking what it means for 501(c)(3)s to remain nonpartisan and how these nonprofits can safely engage in several different types of advocacy during election season. Attorneys for this episode Monika Graham Melissa Marichal Zayas Sarah Efthymiou Remaining Nonpartisan: The rule is clear: 501(c)(3) organizations cannot engage in any activity or make statements that suggest...
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As we head into the final stretch of 2025, we’re back on the mic to tackle some of the most common questions we hear about accountability advocacy. Whether your organization is calling out broken promises, uplifting community voices, or demanding action from those in power, this episode is all about giving nonprofit organizations the clarity, confidence, and tools to hold public officials accountable boldly and legally. Attorneys for this episode Natalie Ossenfort Monika Graham Victor Rivera Shownotes Can 501(c)(3)...
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It's fall, it’s October and the US Supreme Court is back in session. On today’s episode, we have a special guest from the AFJ Justice team. We are joined by our colleague Jamal Lockings. With Jamall we will cover the big cases to be heard by the court. Then we will talk about how nonprofits can get involved with supreme court advocacy, nominees, and more while staying nonpartisan and being mindful of lobbying limits. Attorneys for this Episode Brittany Hacker Susan Finkle Sourlis Jamaal Lockings Intro to Justice...
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With school back in session and fall in the air, it’s the perfect time to get back to basics on the Rules of the Game podcast. On today’s episode, we’ll review how the advocacy rules differ across the various types of tax-exempt organizations, including 501(c)(3)s, 501(c)(4)s, and PACs. Whether you’re a seasoned advocate or just starting out, understanding these fundamentals is crucial for crafting bold advocacy plans that maximize your capacity and comply with the appropriate rules. Join us for a quick refresher! Attorneys for this Episode Melissa Marichal Zayas Natalie...
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Ballot measures give voters a chance to participate in direct democracy while providing nonprofit organizations with a powerful platform to educate the public about issues they champion. In this episode, we discuss California's pending redistricting ballot measure and other developments in direct democracy with returning guest Emma Olson Sharkey. Attorneys for this Episode • Tim Mooney • Susan Finkel Sourlis • The Importance of Ballot Measures · Ballot measures give voters direct power to shape laws and policies, bypassing legislatures. ...
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In today's episode, we’re focusing on the topic of state advocacy, specifically exploring the vital role that nonprofits play in shaping policy and driving change at the state level, and how that role is increasingly coming under attack. We will discuss some of the landscape nonprofits are currently facing at the state level and provide actionable tips for organizations looking to amplify their impact. And we’ll be sharing information about exciting new state resources that are in progress at Bolder Advocacy! Attorneys for this Episode Brittany Hacker Maggie Ellinger-Locke Sarah Efthymiou...
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On this episode, we’re diving into a topic that’s especially important in today’s high-stakes advocacy environment — threats to your tax-exempt status. Yes, we’re talking about that precious 501(c)(3) status, the one that lets your organization do good in the world without paying taxes, and with the constant challenge of figuring out how to advocate, influence policy, and make change without accidentally stepping into ‘oops, we might lose our status’ territory. Attorneys for this Episode Monika Graham Victor Rivera Special guests, interns Ariana and Cecilia Shownotes Lobbying...
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This is a special rebroadcast of an episode from earlier this year on a self assessment tool that our nonprofit listeners should know about because of the continued and on-going threats of politically motivated investigations and attacks on the sector. We'll be back in two weeks with a brand new episode. * * * For those who caught our most recent podcast on Nonprofit New Year’s Resolutions – Resolution #2 was to conduct an Advocacy Check Up. In this episode, we’re deeper into how to do that. We released new Nonprofit Self-Assessment tool, designed to help nonprofit...
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ROTG137 Politically Motivated Attacks Revisited Nonprofit advocates face a complex environment in 2025 where political disagreements routinely escalate into targeted attacks—ranging from carefully crafted misinformation to more extreme tactics like organizational funding cuts, subpoenas, and personal targeting. This episode explores the emerging challenges advocates encounter, offering insights into recognizing, preparing for, and navigating these increasingly sophisticated forms of political pushback. Attorneys for this Episode Brittany Hacker Tim Mooney Quyen Tu ...
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Today we're wrapping up our eight-part series by exploring how labor and economic justice nonprofits can advance their missions through advocacy. We'll cover recent developments and examine both lobbying and non-lobbying strategies that advocates are using to improve economic justice for all. Attorneys for this episode Tim Mooney Susan Finkle Sourlis Sarah Efthymiou Shownotes Current Events / Executive Orders · Trump Administration Directives Impacting Workers o In March, President Trump issued an executive order exempting...
info_outlineOn this episode, we revisit a very specific type of lobbying that doesn’t necessarily seem like lobbying in the first place. Ballot measures can range from local bonds to state constitutional amendments, and everything in between. What can nonprofits do to support or oppose them, and how do they comply with state and federal law?
Our attorneys for this episode
- Tim Mooney
- Natalie Ossenfort
- Quyen Tu
What are Ballot Measures?
- Called different things in different states and localities
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- Bond
- Constitutional Amendments
- Referenda
- Ballot questions / initiatives
- Propositions
- Any policy matter put to a vote of the general public
- There are no federal ballot measures, but federal law has one major thing to say aboutmeasures for 501(c)(3)s
- State and sometimes local laws cover campaign finance and reporting requirements
Can nonprofits take a stance?
- No. End of episode. (just kidding!)
- Most can. All 501(c)s that aren’t charities or foundations can (generally) do an unlimited amount of ballot measure advocacy, but must follow state and local laws for reporting their work
- Public charities can take a stance, but ballot measures are lobbying (which is why this episode is in the lobbying series!). From there, they also have to follow state and local laws for reporting their work
- Private foundations cannot take a stance on ballot measures (again...lobbying) without being hit with a big excise tax
Wait, lobbying? Tell me more.
- Boil it down? Voters are a giant legislative body
- Direct lobbying, not grassroots – and that’s good because charities can do more direct lobbying
- Doesn’t violate the prohibition on electioneering to support or oppose measures because they are not related to candidates
- Be careful to make sure your org’s advocacy isn’t seen as/tied to a candidate’s position on theballot measures
- Clock starts ticking when petitions go out to qualify for the ballot or (probably) when you’re lobbying legislative bodies when they are determining whether to refer an item to the voters
- Count all prep work, staff time, communications costs, etc.
- You non-c3s? Tax law doesn’t restrict lobbying, and this counts toward primary purpose activity... so load up on your GOTV and voter reg work on ballot measures and (strategy time!) it can offset candidate work you do.
State laws...
Every state is different, starting with the fact some states don’t have ballot measures at all. Even states without statewide ballot measures like NY have local bond measures though.
Any state or locality with ballot measures has some kind of registration and reporting laws
We have state law resources for your state! Examples:
Texas
Corporations (including nonprofits) can support or oppose ballot measures in Texas.
- Texas Election Code defines a political committee as two or more persons acting in concert with a principal purpose of accepting political contributions or making political expenditures. Since the definition of “persons” includes nonprofit corporations and expenditures and contributionsinclude those made in connection with a measure, it is possible for nonprofits to trigger PAC registration and reporting in Texas even if they don’t do any candidate-related work.
- TRANSLATION: if a group of nonprofits comes together to raise funds for the support or opposition of a measure, they may need to register and report as a PAC.
- It is also possible that if a nonprofit acts on its own to impact a ballot measure, it could trigger direct campaign expenditure (aka independent expenditure) reporting even if it doesn’t coordinate its work with other organizations or individuals. DCE reporting, as it’s sometimes referred to, kicks in when more than $100 is spent to support or oppose a measure.
- Of course, there are other scenarios as well that might not require state-level reporting in the ballot measure context in Texas (e.g. nonprofit contributions to a ballot measure only PAC), so feel free to reach out to our TX team if you have any questions about when and what you have to report when you engage in ballot measure advocacy.
Oregon
- Trivia: Oregon is one of the first states to adopt ballot measures... started them in 1902 (just behind SD and UT)
- Five forms: state statutes (legislature or citizen referred), constitutional amendments (legislature or citizen referred), and veto referenda.
- If your nonprofit’s purpose is to support/oppose a ballot measures you have to register as a political committee
- No contribution limits (those are unconstitutional per SCOTUS)
- Real time online reporting (ORESTAR!!!!)
- 3 reporting periods
- Contributions over $100 - the name/address of the donor disclosed
California
- These rules are about transparency and tracking money in CA elections.
- Most important: if you engage in certain fundraising activities or spending, you could become aballot measure committee and not even know it. That means your nonprofit would have filing and reporting obligations.
- There just isn’t enough time to do justice to the CA BM rules on this show so if you’re interestedin a whole show, please shoot us an email
- Ballot measures are treated as campaign activity
- Rules are designed so that when people or organizations accept or spend money for ballot measures, it gets reported by someone.
- When there is advocacy for a ballot measure, there will be a main ballot measure committee.Must report contributions of $100+, whether financial or in-kind, and expenditures. This usually works best as a separate entity from a 501(c)(3).
- Even if you are not the main ballot measure committee, there are ways NPs could trigger reporting with the FPPC
- receiving or spending money on ballot measure advocacy
- receive $2k+ in calendar year earmarked for ballot measures, you become a recipient committee. Recipient committees have to report their donors.
- Another way to become a recipient committee is to spend at least $50k in non-earmarked donated funds. At these higher levels of spending it gets more detailed so please check out our resources.
- Major Donor Committee: give $10k+ in calendar year to a recipient committee (staff time counts) but does not receive $ earmarked for ballot measures
- Independent Expenditure Committee: spends $1k+ in a calendar year on communications that expressly advocates for/against ballot measures and not made in coordination with a ballot measure committee
- Non reportable activities:
- 10% or less of staff time
- Paid staff time counts as an expenditure, or if it’s coordinated with a ballot measure committee, a contribution. If you have staff spending more than 10% of their time in any calendar month on ballot measures, you need to consider that expenditure towards these thresholds.
- Newsletter
- Member communications
- Contracted services to the ballot measure committee
- Certain limited fundraising expenses
- Raising money for the ballot measure committee where the contributions go directly to theballot measure committee (funds do not pass through the org)
- You can ask people to donate to the main ballot measure committee and only your fundraising costs would count as a contribution toward these thresholds, some fundraising costs are even exempt from reporting.
Final thoughts?
- Often critically important advocacy
- Private foundations! You can and should support this work, even though you cannot directly advocate or fund it. How?
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- general support grants
- specific project grants for non-lobbying portions of the work
- educate the public about the ballot measure process
- communications that qualify as nonpartisan analysis
- communications that are neutral urging voters to study the issue
Resources