Nonpartisan Election Year Advocacy
Rules of the Game: The Bolder Advocacy Podcast
Release Date: 01/24/2024
Are the 501(c)(4) Rules Changing?
Rules of the Game: The Bolder Advocacy Podcast
A recent Fifth Circuit holding in Memorial Hermann has caught the attention of lawyers in our space, with some wondering if the tax law rules on how 501(c)(4)s operate may change. But what did the court really say, and how should 501(c)(4) advocacy organizations react? On this special holiday edition of the pod, we are joined by Larry Gold of Trister Ross Schadler and Gold to understand what this case says and what it means for (c)(4)s in 2025 and beyond. Attorneys for this episode Tim Mooney Susan Finkle Sourlis Larry Gold, Show notes ...
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Transition Advocacy
Rules of the Game: The Bolder Advocacy Podcast
On this episode, we discuss how nonprofits can engage in advocacy during this time of transition and prepare for 2025. Attorneys for this episode Sarah Efthymiou Víctor Rivera Labiosa Melissa Marichal Zayas Show Notes Post-Election Communications: Prohibition on Campaign Intervention · Keep in mind that 501(c)(3)s should never indicate that they support or oppose candidates for public office, whether in the past, present, or future. Permissible communications for 501(c)(3)s: Congratulating a newly elected official or thanking a former candidate...
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Giving Thanks
Rules of the Game: The Bolder Advocacy Podcast
It’s the holiday season, and we here at the Rules of the Game podcast would like to embrace the opportunity to give thanks to several amazing nonprofits, who thrived in the face of adversity, boosted civic engagement, successfully led the charge on critical advocacy initiatives, and supported their communities in times of need. From North Carolina, to Colorado, to Missouri, and beyond, nonprofit advocates boldly stood up to protect democracy, defend our rights, and secure justice for all. So, as we gather around the table with family and friends this week, we want to celebrate them and their...
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Ballot Measure Wins
Rules of the Game: The Bolder Advocacy Podcast
The people voted on Tuesday for their choice of candidates and in many states they also voted on Ballot measures or ballot initiatives. Ballot measures offer voters a way to participate in direct democracy and can be a powerful tool for change. On this episode, we will discuss some of the ballot measures that were up for a vote in 2024 and the results. As regular listeners will know ballot measures, initiatives, propositions, or bond measures are lobbying. Although they are on the ballot, they are lobbying activity and voters are the lawmakers. Many nonprofits, both c3 public...
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Individual Activity During Election Season
Rules of the Game: The Bolder Advocacy Podcast
On today’s episode, we dive into rules surrounding partisan activities for employees of 501(c)(3) organizations. With the election just around the corner, we will give you some best practices for how to keep your 501(c)(3) safe from any partisan activity while you engage in electoral work as an individual. Attorneys for this Episode Melissa Marichal Zayas Brittany Hacker Victor Rivera Labiosa Shownotes Rules for 501(c)(3) organizations Remain nonpartisan when acting on behalf of your 501(c)(3) ...
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Ask Us Anything - Electionpalooza Edition
Rules of the Game: The Bolder Advocacy Podcast
Election season is well underway and politics is everywhere. It's one of our busiest time at Bolder Advocacy. On this episode, we bring you three of your questions to answer on the pod... it’s another round of Ask Us Anything, Electionpalooza Edition! Lawyers for this episode Tim Mooney Susan Finkle Sourlis Monika Graham Shownotes - Question: Presidential campaigns working with outside groups on door-to-door canvassing for their get-out-the-vote efforts— is this illegal coordination under federal election law? - Answer: - Base coordination rules...
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Voter Assistance State Resources
Rules of the Game: The Bolder Advocacy Podcast
With only a small handful of weeks remaining until the general election, you may be wondering about how you or your nonprofit can get involved in voter assistance activities such as providing rides to the polls, registering voters, and helping voters vote by mail. Would you be surprised that these activities are often regulated by both state and federal law? On this episode, we’ll discuss our Practical Guidance Voter Assistance resources series, created in partnership with Democracy Capacity Project, and explain some of the rules you should be thinking about in the final countdown to the big...
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Election Protection and Nonpartisan Voter Assistance
Rules of the Game: The Bolder Advocacy Podcast
This is a special rebroadcast of our episode on election protection and nonpartisan voter assistance from 2022. Since the original airing, Bolder Advocacy, in partnership with The Democracy Capacity Project, has expanded our series of state law guides on nonprofit voter assistance. Most states are covered and you can find them on our resource library page. We'll be back in two weeks with a brand new episode. --- On this episode, we’ll discuss how different types of tax-exempt organizations can ensure the right to vote is protected by engaging in election protection activities and...
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AI and Election Disinformation
Rules of the Game: The Bolder Advocacy Podcast
As AI continues to advance, its potential to influence elections and democracy, both positively and negatively, has become a critical issue. In this episode, we delve into the rapidly evolving intersection of artificial intelligence and election disinformation with Jonathan Mehta Stein where he discusses how AI, particularly generative AI, can be used to create deepfakes and other misleading content that could destabilize elections, deceive voters, and potentially alter election outcomes. We also explore how nonprofits and community organizations can play a crucial role in combating this...
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Litigation
Rules of the Game: The Bolder Advocacy Podcast
As we’ve talked about on previous editions of the pod, advocacy includes a wide array of different options to help change things for the better in our communities. One of the more important, but less discussed methods, is litigation. On this episode, we dive into the role litigation plays in nonprofit advocacy, its treatment under the law, and things to think about if your nonprofit is looking to use this tool for good. Lawyers for this episode Natalie Ossenfort Tim Mooney Quyen Tu Litigation as an advocacy tool (citizen suits, appeals, amicus briefs etc.) Treatment under tax...
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