Ask Us Anything - Electionpalooza Edition

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
   - 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