Nonpartisan Election Year Advocacy
Rules of the Game: The Bolder Advocacy Podcast
Release Date: 01/24/2024
Advocacy for Gender & Reproductive Justice
Rules of the Game: The Bolder Advocacy Podcast
On this episode, the fifth installment of our eight-part, issue-specific series, we’ll explore how nonprofits can boldly and safely advocate for gender and reproductive justice. We’ll review recent policy developments and discuss how nonprofits can respond through legislative, executive, and judicial branch advocacy. Join us as we break down the rules and share recent examples of how nonprofits are advancing gender and reproductive justice. Attorneys for this episode Quyen Tu Brittany Hacker Melissa Marichal Zayas ...
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Advocacy for Environmental Justice
Rules of the Game: The Bolder Advocacy Podcast
In today's episode continuing our eight-part series, we examine how nonprofits are effectively advocating for environmental justice. We'll analyze practical strategies for building awareness and securing advocacy funding while navigating the regulatory frameworks that govern nonprofit activism. Join us for a clear-eyed look at how organizations are making meaningful progress in environmental protection and climate action. Attorneys for this episode Tim Mooney Quyen Tu Susan Finkle Sourlis Shownotes Current Events / Executive Orders: ...
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Advocacy for Criminal Legal Reform
Rules of the Game: The Bolder Advocacy Podcast
On this episode of the Rules of the Game podcast (the third in an eight-part, issue-specific podcast series), we’ll discuss recent headlines impacting criminal legal reform advocates and explain how nonprofits can take action with legislative, executive branch, and judicial branch advocacy. From responding to legislative proposals to initiating litigation, nonprofits nationwide are standing up to fight for our rights and critical reforms to our criminal legal system. This episode will highlight their work and provide information about the rules that apply when nonprofits engage in advocacy...
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Advocacy for Racial Justice, Civil Rights & Immigration
Rules of the Game: The Bolder Advocacy Podcast
On this episode of the Rules of the Game podcast, the second installment of our eight-part series focusing on critical issues, we dive into the latest headlines shaping racial justice and immigrant rights. We’ll explore how nonprofits can play a pivotal role in advocating for change through legislative, executive, and judicial channels. From raising awareness to securing funding for advocacy efforts, nonprofits across the nation are stepping up in the fight to protect our rights. This episode not only highlights their impactful work but also provides crucial insights into the rules...
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Advocacy for LGBTQ+ Communities
Rules of the Game: The Bolder Advocacy Podcast
On this episode of the Rules of the Game podcast (the first in an eight-part, issue-specific podcast series), we’ll discuss recent headlines impacting the LGBTQ+ community and explain how nonprofits can take action with legislative, executive branch, and judicial branch advocacy. From responding to executive orders to initiating litigation, nonprofits across the country are standing up to fight for our rights. This episode will highlight their work and provide information about the rules that apply when nonprofits engage in advocacy on behalf of the LGBTQ+ community. Attorneys for...
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Advocacy & Fiscal Sponsorship
Rules of the Game: The Bolder Advocacy Podcast
For regular listeners of the pod, you may recall that we’ve discussed fiscal sponsorship in past episodes. Fiscal sponsorship is a great way for a new charitable organization to work with an existing 501(c)(3) to get up and running (including engaging in important advocacy) whether waiting to receive its own IRS tax-exempt status or not. Today, we’re going to look at this topic form a different point of view – that is, from the fiscal sponsor’s perspective. On this episode, we’ll chat about considerations fiscal sponsors should keep in mind when engaging in, and when...
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Nonprofits Working with Undocumented Activists
Rules of the Game: The Bolder Advocacy Podcast
Threats to find and deport undocumented immigrants in the United States have grown immensely since the start of the Trump administration. Nonprofits can continue fight for immigrant rights and include undocumented activists in their advocacy efforts. Even though we at Alliance for Justice aren’t immigration lawyers (so what comes out of our mouth will not be legal advice), we felt it was important to address how nonprofits can work with undocumented activists and continue to fight for immigrant rights. In today’s episode, we’ll first talk about what undocumented activists can and cannot...
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Robocalling and Texting Campaigns
Rules of the Game: The Bolder Advocacy Podcast
Does your nonprofit want to build power and amplify its impact by engaging in robocalling and texting campaigns? Would it surprise you to find out that while this type of advocacy can effectively boost your reach and put you in touch with thousands (even millions) of supporters, it also comes with rules related to opt-out requirements, mandatory disclaimers, prior consent, and more? On this episode, we’ll introduce you to our new Robocalling guide and walk through several of the issues your nonprofit needs to think about before you pick up the phone or click send on a robocall or robotext...
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Ask Us Anything
Rules of the Game: The Bolder Advocacy Podcast
Every day we answer questions from nonprofits about how they can be the most effective advocates they can be while staying legal. On this edition, we answer some of your questions as we get ready for a big year of advocacy! Attorneys for this Episode Brittany Hacker Monika Graham Tim Mooney How can a grantmaking organization effectively fund advocacy efforts while adhering to IRS regulations and maximizing impact? • Transformative Impact of Advocacy Funding:...
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Memos, EOs and Impacts on Nonprofits
Rules of the Game: The Bolder Advocacy Podcast
On this episode of the podcast, we will talk about the deluge of executive orders and a new memo freezing funding that has come in at the start of Trump’s new administration. How will they effect the work of non-profits and what can you do to support or oppose these and future executive orders. Attorneys for this Episode Tim Mooney Brittany Hacker Federal Funding Freeze Memo and Executive Orders • Memo issued by the White House Office of Management and Budget (OMB). • Halt on grants and loans distributed by the federal government. • Implications for Medicaid, WIC, and...
info_outlineOn this episode, we discuss best practices for 501(c)(3) public charities conducting advocacy and nonpartisan activities, like get out the vote or voter education activities during an election year. Election year is upon us and the presidential primaries and caucuses, and primaries for other elected offices are starting to take place and will continue through the November General election.
Attorneys for this show
Monika Graham, Susan Finkle-Sourlis, and Leslie Barnes
Show Notes
· May 501c3 public charities advocate in an election year? How can a public charity be involved in an election?
· Types of nonpartisan activities that a 501(c)(3) may conduct include:
o Educating voters and candidates on the issues that are important to the people/community the organization serves.
o Mobilizing voters and supporting democracy
o Hosting candidate debates and forums
o And much more
· What are the IRS regulations surrounding advocacy and democracy work
o IRS has held that supporting democracy is a charitable activity, 501(c)(3)s have a role to play in our elections!
o Activities must further the organization’s charitable mission
o Activities must remain nonpartisan, cannot support or opposition of candidates running for public office
· The Facts and Circumstances test to determine whether or not communications or activities are nonpartisan.
o The IRS applies a “facts and circumstances” analysis to determine whether a charity’s communication is conducted in a nonpartisan manner or is really a veiled attempt to support or oppose candidates.
o When the IRS says “support or opposition” of candidates, that prohibition is broader than the explicit act of giving money to a campaign or saying outright that you should vote or not vote for a candidate. It’s not a bright line rule.
o Analysis is required across the spectrum of risk. It is an assessment of the risk.
· Discussion of the elements of the Facts and Circumstances Test.
o Does the communication refer to a candidate or election?
o Timing, upcoming election or is there another event outside of the organization that happened?
o Organization is discussing its core issues? Or is it comparing the organization’s issues to a candidate’s position?
o Who are you talking to? Who is the audience? Who are you targeting?
o Do you have a track record of discussing the issue?
o Are you discussing a wedge issue? What is a wedge issue?
** The discussion of this topic is from the view of 501(c)(3) public charities. Other types of nonprofits, like 501(c)(4)s do have the ability to undertake partisan activities as a secondary purpose.
Resources
Rules of the Game – Guide to nonpartisan election related activities for 501(c)(3)s
Comparison of 501(c)(3) and 501(c)(4) Permissible Activities – Chart
Praising and Criticizing Incumbents - Factsheet