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
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...
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This is a special rebroadcast of an episode from earlier this year on a self assessment tool that our nonprofit listeners should know about because of the continued and on-going threats of politically motivated investigations and attacks on the sector. We'll be back in two weeks with a brand new episode. * * * For those who caught our most recent podcast on Nonprofit New Year’s Resolutions – Resolution #2 was to conduct an Advocacy Check Up. In this episode, we’re deeper into how to do that. We released new Nonprofit Self-Assessment tool, designed to help nonprofit...
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ROTG137 Politically Motivated Attacks Revisited Nonprofit advocates face a complex environment in 2025 where political disagreements routinely escalate into targeted attacks—ranging from carefully crafted misinformation to more extreme tactics like organizational funding cuts, subpoenas, and personal targeting. This episode explores the emerging challenges advocates encounter, offering insights into recognizing, preparing for, and navigating these increasingly sophisticated forms of political pushback. Attorneys for this Episode Brittany Hacker Tim Mooney Quyen Tu ...
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Today we're wrapping up our eight-part series by exploring how labor and economic justice nonprofits can advance their missions through advocacy. We'll cover recent developments and examine both lobbying and non-lobbying strategies that advocates are using to improve economic justice for all. Attorneys for this episode Tim Mooney Susan Finkle Sourlis Sarah Efthymiou Shownotes Current Events / Executive Orders · Trump Administration Directives Impacting Workers o In March, President Trump issued an executive order exempting...
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