Ask Us Anything - Electionpalooza Edition
Rules of the Game: The Bolder Advocacy Podcast
Release Date: 10/16/2024
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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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...
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One of the hottest topics in college athletics turns out to be about nonprofits. This episode unpacks how nonprofit colleges and third-party NIL collectives support individual student athletes, the governance and tax questions that follow, and what the recent NCAA settlement means for oversight and compliance. We also look ahead to emerging federal regulation and how nonprofits might engage in shaping what comes next. Attorneys for this Episode · Tim Mooney · Victor Rivera Why NIL Is a Nonprofit Issue ...
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In this episode, we’re answering questions from organizations about voter registration, which is, of course, timely given the upcoming midterm election season. Since these activities occur within an electoral framework, it's crucial to keep various legal aspects in mind while crafting and executing your voter registration campaigns. We’ll discuss the key considerations related to nonprofit tax law, federal election law, and state law. Attorneys for this episode Sarah Efthymiou Susan Finkle Sourlis Monika Graham Voter Registration ...
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On this episode, we’re going back-to-basics to discuss the rules that apply when nonprofits engage in lobbying activities. With legislative sessions ramping-up in several states, it’s important to take time to understand the lobbying limits and definitions that apply to your organization’s advocacy. But, it’s even more important to recognize that public charities can lobby and advocate for or against legislation at the local, state, and federal levels. So, rally your staff and volunteers, and speak up, because...
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Happy 2026! As policy shifts and new advocacy opportunities emerge, the Bolder Advocacy team is here to guide nonprofits so they can continue to advocate boldly while remaining compliant and effective. We’re kicking off the year with our Top 10 nonprofit New Year’s resolutions to help your organization thrive. Attorneys for This Episode Monika Graham Victor Rivera Labiosa Natalie Roetzel Ossenfort Top 10 2026 Resolutions: 1. Deepen Mission Alignment Clarity fuels momentum. Revisit your...
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It’s been a long year, and while progressive movements have faced real setbacks, that’s not the whole story. Across the country, nonprofits and the communities they serve pushed for justice and secured meaningful victories worth lifting up. On this episode, we celebrate several advocacy wins from 2025. Attorneys for this episode: Maggie Ellinger-Locke, she/her Susan Finkle Sourlis, she/her Melissa Marichal Zayas, she/her Link: Show Notes: · Economic Justice o In May, Washington became...
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In recent months, the threats facing nonprofit organizations have continued to develop at a furious pace. In the face of challenges like funding reductions and congressional investigations, nonprofits are taking the time to shore up their defenses and prepare for what’s to come. On this episode, we’ll discuss several recent events that have the sector talking so that your nonprofit can take the steps necessary to ensure your continued ability to boldly advocate on behalf of your communities. Attorneys for this episode · Brittany Hacker Leonard ...
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On this episode, we gather around the virtual table and share three success stories for nonprofit advocacy that may help to put a smile on your face and give you something positive to reflect on, in a year that could use a lot more of that. Attorneys for this episode · Tim Mooney · Quyen Tu · Sarah Efthymiou Shownotes UNIDOS MN Action and the power of advocacy · Driver’s licenses for undocumented people revoked in MN 2003 ...
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Whether it be local elections or picking a new president, election season seems to always be lurking around the corner, so on today’s episode we’re unpacking what it means for 501(c)(3)s to remain nonpartisan and how these nonprofits can safely engage in several different types of advocacy during election season. Attorneys for this episode Monika Graham Melissa Marichal Zayas Sarah Efthymiou Remaining Nonpartisan: The rule is clear: 501(c)(3) organizations cannot engage in any activity or make statements that suggest...
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