Ask Us Anything - Electionpalooza Edition
Rules of the Game: The Bolder Advocacy Podcast
Release Date: 10/16/2024
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_outlineElection 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
- Exception to coordination rule: FEC AO 2024-01 states that scripts and canvassing literature are NOT public communications, and therefore consulting with candidates and parties is not illegal coordination.
- Both presidential campaigns are doing this, with one reportedly relying on it more than the other.
- This practice is likely happening in many federal races (Senate and House).
- Important: This is NOT available for 501(c)(3)s or for state/local candidates
- Question: Can 501(c)(3) organizations comment on candidates or political parties in the context of an election?
- Answer:
- Yes, but tread carefully.
- 501(c)(3) organizations must remain nonpartisan.
- Comments should have an independent, nonpartisan, non-election-related reason.
- Focus on the issue, not the candidate (e.g., correcting factual errors without discussing the candidate's attributes).
- Before responding, consider:
1. Decide who speaks on behalf of the organization.
2. Script responses to stay on message and avoid crossing any lines.
3. Avoid discussing qualifications or endorsing/opposing candidates.
- Example: Instead of “Voters should reject this misinformation,” say “Americans won’t stand for misinformation on public health issues.”
- Criticizing or praising incumbents is less risky, but avoid implying support or opposition for re-election.
- Question: Can nonprofit staff support candidates and express their opinion?
- Answer:
- Individuals have the right to participate and voice their own opinions when acting in their individual capacity.
- 501(c)(3) organizations must remain nonpartisan. This applies to staff, board members, and volunteers when acting on behalf of the organization.
- In official organizational events, staff should not engage in partisan activities (e.g., wearing a pro-candidate t-shirt).
- In their personal time, employees can:
- Participate in partisan election activity at home, online, or at rallies.
- Use their own resources (email, social media) and must act outside work hours.
- Put up lawn signs but not use them as Zoom backgrounds for organizational calls.
- Canvas for candidates on the weekends but not encourage others during the workweek.
- Every nonprofit needs a policy outlining the prohibition of using organizational resources for political activities.
- Alliance for Justice has an example of such a policy.
Resources
Trister Ross memo on canvassing and coordination
Election Activities of Individuals Associated With 501(c)(3) Organizations