Transition Advocacy
Rules of the Game: The Bolder Advocacy Podcast
On this episode, we discuss how nonprofits can engage in advocacy during this time of transition and prepare for 2025. Attorneys for this episode Sarah Efthymiou Víctor Rivera Labiosa Melissa Marichal Zayas Show Notes Post-Election Communications: Prohibition on Campaign Intervention · Keep in mind that 501(c)(3)s should never indicate that they support or oppose candidates for public office, whether in the past, present, or future. Permissible communications for 501(c)(3)s: Congratulating a newly elected official or thanking a former candidate...
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Giving Thanks
Rules of the Game: The Bolder Advocacy Podcast
It’s the holiday season, and we here at the Rules of the Game podcast would like to embrace the opportunity to give thanks to several amazing nonprofits, who thrived in the face of adversity, boosted civic engagement, successfully led the charge on critical advocacy initiatives, and supported their communities in times of need. From North Carolina, to Colorado, to Missouri, and beyond, nonprofit advocates boldly stood up to protect democracy, defend our rights, and secure justice for all. So, as we gather around the table with family and friends this week, we want to celebrate them and their...
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Ballot Measure Wins
Rules of the Game: The Bolder Advocacy Podcast
The people voted on Tuesday for their choice of candidates and in many states they also voted on Ballot measures or ballot initiatives. Ballot measures offer voters a way to participate in direct democracy and can be a powerful tool for change. On this episode, we will discuss some of the ballot measures that were up for a vote in 2024 and the results. As regular listeners will know ballot measures, initiatives, propositions, or bond measures are lobbying. Although they are on the ballot, they are lobbying activity and voters are the lawmakers. Many nonprofits, both c3 public...
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Individual Activity During Election Season
Rules of the Game: The Bolder Advocacy Podcast
On today’s episode, we dive into rules surrounding partisan activities for employees of 501(c)(3) organizations. With the election just around the corner, we will give you some best practices for how to keep your 501(c)(3) safe from any partisan activity while you engage in electoral work as an individual. Attorneys for this Episode Melissa Marichal Zayas Brittany Hacker Victor Rivera Labiosa Shownotes Rules for 501(c)(3) organizations Remain nonpartisan when acting on behalf of your 501(c)(3) ...
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Ask Us Anything - Electionpalooza Edition
Rules of the Game: The Bolder Advocacy Podcast
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...
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Voter Assistance State Resources
Rules of the Game: The Bolder Advocacy Podcast
With 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...
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Election Protection and Nonpartisan Voter Assistance
Rules of the Game: The Bolder Advocacy Podcast
This is a special rebroadcast of our episode on election protection and nonpartisan voter assistance from 2022. Since the original airing, Bolder Advocacy, in partnership with The Democracy Capacity Project, has expanded our series of state law guides on nonprofit voter assistance. Most states are covered and you can find them on our resource library page. We'll be back in two weeks with a brand new episode. --- On this episode, we’ll discuss how different types of tax-exempt organizations can ensure the right to vote is protected by engaging in election protection activities and...
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AI and Election Disinformation
Rules of the Game: The Bolder Advocacy Podcast
As AI continues to advance, its potential to influence elections and democracy, both positively and negatively, has become a critical issue. In this episode, we delve into the rapidly evolving intersection of artificial intelligence and election disinformation with Jonathan Mehta Stein where he discusses how AI, particularly generative AI, can be used to create deepfakes and other misleading content that could destabilize elections, deceive voters, and potentially alter election outcomes. We also explore how nonprofits and community organizations can play a crucial role in combating this...
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Litigation
Rules of the Game: The Bolder Advocacy Podcast
As we’ve talked about on previous editions of the pod, advocacy includes a wide array of different options to help change things for the better in our communities. One of the more important, but less discussed methods, is litigation. On this episode, we dive into the role litigation plays in nonprofit advocacy, its treatment under the law, and things to think about if your nonprofit is looking to use this tool for good. Lawyers for this episode Natalie Ossenfort Tim Mooney Quyen Tu Litigation as an advocacy tool (citizen suits, appeals, amicus briefs etc.) Treatment under tax...
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Student Advocacy
Rules of the Game: The Bolder Advocacy Podcast
In this episode of the podcast, we explore the importance of student advocacy and voting. Additionally, we discuss how 501(c)(3) organizations can engage in advocacy efforts during election season. Joining us today is Ally, our Bolder Advocacy legal intern, to answer questions about the impact of student advocacy on campus. Hosts: Susan Finkle Sourlis (Attorney) Monika Graham (Attorney) Alexandra Roseberry (Intern) On-Campus Advocacy Culture On-Campus Activities Voter Laws and Students Getting Involved With Advocacy as a Student How Nonprofits Can Participate in...
info_outlineOn this episode, we discuss how nonprofits can engage in advocacy during this time of transition and prepare for 2025.
Attorneys for this episode
Sarah Efthymiou
Víctor Rivera Labiosa
Melissa Marichal Zayas
Show Notes
Post-Election Communications: Prohibition on Campaign Intervention
· Keep in mind that 501(c)(3)s should never indicate that they support or oppose candidates for public office, whether in the past, present, or future.
- Permissible communications for 501(c)(3)s:
- Congratulating a newly elected official or thanking a former candidate for their hard work during the election.
- Discussing the organization’s nonpartisan voter engagement.
- Commenting on the demographics of who voted or didn’t vote.
- Encouraging a peaceful continuation or transfer of office.
· Impermissible communications for 501(c)(3)s include:
o Suggesting that the organization attempted to influence the outcome of an election.
o Supporting efforts to draft a named person to run for office in a future election.
o Declaring that the organization or voters will hold an elected official accountable in the next election.
Transition Advocacy: Is it Lobbying?
· Transition advocacy is a hot topic, especially after elections, and one of the most common questions we get from 501(c)(3) public charities is whether it counts as lobbying. The short answer? Sometimes, yes—but often not.
· In general, lobbying involves efforts to influence specific legislation. For 501(c)(3) organizations operating under the insubstantial part test, advocacy for or against legislation qualifies may count as lobbying.
· If an organization has made the 501(h) election—which allows nonprofits to maximize and clarify their lobbying limits—the IRS uses a different definition. Under the 501(h) expenditure test, lobbying breaks down into two categories:
o Direct lobbying: Speaking to a legislator and expressing a view about specific legislation.
o Grassroots lobbying: Communicating with the general public to express a view on specific legislation andincluding a call to action.
· Under the 501(h) expenditure test, two key factors determine whether your activity qualifies as direct lobbying:
o Are you speaking to a legislator?
o Is the topic you’re discussing considered specific legislation?
If the answer to both is "yes," it likely counts as lobbying.
· Examples of lobbying activities during transition period:
o Advocating about spending priorities
o Supporting/opposing nominations of new exec cabinet officials or judiciary
o Advocating for changes in laws or amending current laws
o Advocating for a new program – if would require new legislation
· Important to assess what you’re saying, who you’re saying it to, and whether any exceptions apply.
Transition Advocacy: When is it Not Lobbying?
· Some organizations may try to avoid engaging in lobbying activities so it’s important to understand what their non-lobbying options are during this transition
· During this period, organizations can try to get to know their newly elected officials. Meeting with these officials, without trying to influence any nomination process or any piece of legislation (including the budget process), does not count as a lobbying activity.
· On top of that, nonprofit organizations can do the following:
o Recommend transition team members
o Get involved in the executive order process
o Develop relationships with these newly elected officials
o Talk about nominations that do not require the advice and consent of a legislative body (or a legislative vote)
o Actively participate in the rulemaking process
§ Beware: it may count as a lobbying activity at the state/local level
o Take advantage of the 501(h) lobbying exceptions!
Resources
Can We Say That? Post-Election Advocacy for 501(c)(3) Organizations
Preparing for Change: How Nonprofits Can Shape Policy By Engaging Transition Teams