Voter Assistance State Resources
Rules of the Game: The Bolder Advocacy Podcast
Release Date: 10/02/2024
What Nonprofits Need to Know About Nominations
Rules of the Game: The Bolder Advocacy Podcast
After the Supreme Court wrapped up its latest term, we thought it would be a good idea to revisit the unique opportunities 501(c)(3) public charities have to advocate in favor of or against specific nominations made by the Executive Branch that require confirmation from a legislative body. On this episode, we explore the nomination process for key positions and give you some best practices on how to ensure your organization can effectively (and legally) advocate for specific nominees. Shownotes: · Nomination advocacy often qualifies as lobbying (Internal...
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State of Advocacy: Legislative Update
Rules of the Game: The Bolder Advocacy Podcast
On today’s episode, we are breaking down the 2026 state legislative season and how the landscape affecting nonprofit advocacy is shifting across the country. We are recording this in mid-June, and while most states have wrapped up for the year, not all have, so you are going to want to look at your state to get a sense of what’s enacted, what’s moving, and what’s dead. What we’re seeing this year is not just incremental change, but a rapid expansion of state-level regulation over campaign finance, ballot measures, voter access, and increasingly, what we are calling foreign influence...
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How Philanthropy is Meeting the Moment
Rules of the Game: The Bolder Advocacy Podcast
This week, we are diving into the world of philanthropy. We are thrilled to be joined by Matthew L. Evans from the United Philanthropy Forum who will help us understand how philanthropy is evolving to meet this moment and what challenges and opportunities we are seeing for funders and philanthropy infrastructure organizations. Guests for this episode Brittany Hacker Leonard Tim Mooney Matthew L. Evans Shownotes Matthew L. Evans is the United Philanthropy Forum’s VP of Advocacy and External Relations....
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Individual Activity in Election Season
Rules of the Game: The Bolder Advocacy Podcast
Employees and volunteers of public charities often participate in the political and democratic process in ways that connect to their organization’s mission. While a 501(c)(3) cannot engage in partisan activity, individuals don’t give up their First Amendment rights when they are staff, board members, or volunteers of a public charity. In our last episode, we talked about candidate appearances at charitable events. But what if the call is coming from inside the house? In this episode, we’ll share some practical tips and best practices to help you engage in electoral work as an individual...
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Commenting on Candidates
Rules of the Game: The Bolder Advocacy Podcast
When nonprofits speak out on issues in the public square, the line between education and electioneering can get blurry – especially during election season. On this episode of Rules of the Game, we break down what the law allows when organizations comment on statements made by candidates and campaigns, and how those rules shift when addressing the actions of incumbents who may also be on the ballot. From issue advocacy to the risk of impermissible political intervention, we walk through practical scenarios and key guardrails to help your nonprofit stay compliant while engaging in advocacy to...
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Candidate Appearances
Rules of the Game: The Bolder Advocacy Podcast
Primaries are taking place or may have already occurred where you are. More elections will take place from now until November so we thought it’s a good time to talk about candidate appearances. We’ll explain how (c)(3)s can stay nonpartisan while helping to educate voters and candidates by hosting candidates. (c)(4)s, you can of course do everything (c)(3)s can do and much more! Attorneys for this episode Quyen Tu Victor Rivera Brittany Hacker Leonard Shownotes Why is this important? C3s are a trusted source of...
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Ballot Measure Advocacy
Rules of the Game: The Bolder Advocacy Podcast
With direct democracy becoming more important than ever in this political climate, we thought it was a good time to revisit ballot measures. From local park bonds to important state constitutional amendments, ballot measures have become important tools for policymaking, and nonprofits often play a huge role in supporting and opposing them. On this episode we do a deep dive on the details and how you can get involved. Attorneys for this episode Susan Finkle Sourlis Tim Mooney Natalie Ossenfort Shownotes What Are Ballot Measures, and Why...
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Ask Us Anything
Rules of the Game: The Bolder Advocacy Podcast
On this episode of Rules of the Game, we dive into some of the most common – and pressing – questions we hear on our free nonprofit advocacy technical assistance hotline. From whether foundation funding can support voter registration efforts, to what nonprofits should know when attending rallies and advocating around local law enforcement cooperation with ICE, we break down the rules and offer practical guidance you can use to enhance your organization’s advocacy and community participation in elections and other public policy activities. We’ll discuss real world...
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Legislative Update
Rules of the Game: The Bolder Advocacy Podcast
Legislative season is underway, and we’re seeing a wave of proposals that could significantly reshape the operating environment for nonprofits and advocacy organizations. We’re tracking over 1,000 bills across the country, and while some of them do positive things, like make improvements to our electoral system or increase voter turnout, unfortunately, most of these measures are taking aim at impactful nonprofit advocacy. These proposals collectively reflect an erosion of the civic space in the nonprofit ecosystem. We’re here to break down some of the key trends and help you stay...
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Litigation Update
Rules of the Game: The Bolder Advocacy Podcast
On this edition, we open up the docket and get an update on the variety of court cases that impact tax-exempt organizations and their ability to advocate on the issues they care about. And to help with that, we’re joined once again by friend of the pod Emma Olson Sharkey from Elias Law Group to help demystify what’s happening in the courts and how it might impact you and your work. Attorneys for this episode Brittany Hacker Leonard Tim Mooney Emma Olson Sharkey – Elias Law Group Shownotes 501(c)(4) political activity Freedom Path, Inc. v. IRS (D.D.C.) Memorial Hermann Accountable...
info_outlineWith 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 day.
Attorneys for this episode:
Tim Mooney
Natalie Ossenfort
Victor Rivera
General Overview of Relevant Law
· When engaging in any election-related activities there are several areas of law that your nonprofit should think about:
o Internal Revenue Code: explains the types of activities your nonprofit is allowed to engage in accordance with the tax code
§ 501(c)(3)s: Keep it nonpartisan. No support or opposition of candidates. Allowed to engage in campaigns for or against ballot initiatives, constitutional amendments, bond measures, city charter amendments. Just remember that this activity may count as lobbying at the federal level.
§ 501(c)(4)s; (c)(5)s, (c)(6)s: Partisan political activities as secondary activities of org
§ PACs: Regulated by Section 527 of tax code. Partisan political work as focus, but different types of PACs may be restricted in terms of whether they can engage in coordinated vs. independent expenditures
o Other federal laws, including the Federal Election Campaign Act: always going to be relevant in elections with federal candidates on the ballot
§ Provisional ballots available even if they aren’t under state election laws (i.e. can vote provisionally for POTUS if there’s a dispute as to registration status and resolve that later)
§ Accessible ballots required under the Help America Vote Act (HAVA).
§ Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) requires states to provide absentee ballots for military personnel, their families, and U.S. citizens overseas in federal elections.
§ Voting Rights Act (VRA)
· requires jurisdictions with significant populations of non-English-speaking citizens to provide bilingual election materials and assistance, ensuring all voters can understand and participate in the process.
· allows observers from the Department of Justice or the U.S. Commission on Civil Rights to monitor elections to ensure compliance with voting rights laws, especially in areas with a history of discrimination.
o State law: Often regulates
§ Who, when, how you can register voters
§ Who is eligible to vote-by-mail (and when)
§ Line-warming activities designed to encourage voters to stay in line
§ Rules for poll watchers
§ Voter ID required in some states
§ And more!
Practical Guidance Voter Assistance Series
o Focuses on state law, but also includes some federal law tips throughout
o (Questions answered include:
o How can our organization help people vote by mail?
o Can we help with a rides to the polls program?
o How can we help voters already at the polls?
o When might our work also trigger campaign finance laws?
o Can we advocate for a new polling place?
o Current states:
o Alaska, Arizona, California, Colorado, Florida, Georgia, Illinois, Iowa, Kentucky, Louisiana, Maine, Minnesota, Michigan, Mississippi, Nevada, New Hampshire, New Mexico, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Virginia, Wisconsin
o Texas line-warming example
o Reminder that many states don’t have polling places (in traditional sense) since they’ve shifted focus to vote-by-mail.
Resources:
· Practical Guidance Voter Assistance Series: https://afj.org/bolder-advocacy/practical-guidance-nonprofit-voter-assistance-series/
· Rules of the Game: Guide to Election-Related Activities for 501(c)(3)s: https://afj.org/resource/the-rules-of-the-game-a-guide-to-election-related-activities-for-501c3-organizations/
· The Connection: https://afj.org/resource/the-connection-strategies-for-creating-and-operating-501c3s-501c4s-and-political-organizations/