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 The Connection, Bolder Advocacy’s go-to guide on how to create and operate 501(c)(3)s, 501(c)(4)s, and political organizations. In 2024, we release our 5th edition of The Connection and include several important updates your nonprofit needs to know about as we move into a contentious election season. If your nonprofit has questions about how to safely operate affiliated organizations or how to boost civic engagement in coalition with organizations that have a different tax-exempt status than your own, The Connection has the answers.
Attorneys for this show
Natalie Ossenfort, Sarah Efthymiou, and Susan Finkle-Sourlis
Show Notes
· The Connection is one of Bolder Advocacy’s core advocacy resources.
o It pairs well with:
§ “Being a Player” (guide to lobbying regulations for advocacy charities)
§ “The Rules of the Game” (guide to election-related activities for 501(c)(3)s)
o This is the go-to resource for organizations on how they can amplify their impact and build grassroots power by utilizing multiple types of tax-exempt entities to address social problems and pursue policy change.
o It discusses the best practices you need to know about when working with 501(c)(3)s, 501(c)(4)s, and PACs
o The Connection was first published in 1988 and is primarily authored by Holly Schadler at Trister, Ross, Schadler, and Gold (with contributions from several of her teammates and allies in the field)
o 5th Edition releasing end of February or early March 2024
· What can you find in THE CONNECTION?
o Details on several different types of tax-exempt organizations and the advocacy activities they can engage in
o The rules 501(c)(4)s need to know when lobbying and engaging in political activities
o Information on how to create and operate affiliated c3 and c4 organizations (including a step-by-step overview of c4 formation procedures)
o The rules governing PACs (including state PACs federal PACs and 527s)
o Sample cost sharing agreement, sample 501(c)(3) public charity to 501(c)(4) grant agreement, information on the Lobbying Disclosure Act, and more!
· What’s new in the 5th edition?
o Information on new FEC disclaimer requirements for “internet public communications”
o Social media guidance for affiliated 501(c)(3) and 501(c)(4) organizations
o Details on a recent FEC ruling impacting the use of disclaimers for text messaging
o Requirements for Super PACs and hybrid PACs (also known as Carey Committees)
· "The Connection” also contains several concrete examples to illustrate how the rules apply in real-world scenarios (utilizing fictional tax-exempt organizations, of course).
o These examples answer questions like:
§ What happens when a 501(c)(3) wants to make a grant to its affiliated 501(c)(4) for an educational research project?
§ What happens when a 501(c)(3) conducts a nonpartisan voter registration drive and wants its affiliated 501(c)(4) to have access to the list of registered voters? You’ll find out in “The Connection” that it can’t just give the list to its affiliated 501(c)(4) at no charge, but it could in some instances (when allowed under state law) sell its list at fair market value via an arms-length transaction.
§ And, what happens when a c4 publishes a monthly magazine on mission-related issues and then, in one edition of the magazine, decides to include an article about its candidate endorsements?
· There are examples of required disclaimers for independent expenditures and electioneering communications too.
o Brand new FEC regulations, published in January of this year, clarify what types of communications fall within the definition of “internet public communications” and what types of disclaimers are required when these communications expressly advocate for the election or defeat of federal candidates.
o The latest edition of “The Connection” addresses how the law requires these disclaimers to be adapted for different communication formats. Whether it’s a communication including text and graphics, a video, or an audio-only statement, disclaimer requirements vary.
o As such, “The Connection” is not only good for frontline nonprofit advocates, but for Communications, HR, and Accounting staff too!
Resources
The Connection (Strategies for Creating and Operating 501(c)(3)s, 501(c)(4)s, and Political Organizations)
Being a Player (A Guide to the IRS Lobbying Regulations for Advocacy Charities)
The Rules of the Game (A Guide to Election-Related Activities for 501(c)(3) Organizations)