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Advocacy & Fiscal Sponsorship

Rules of the Game: The Bolder Advocacy Podcast

Release Date: 03/19/2025

Legislative Update show art 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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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...

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Rules of the Game: The Bolder Advocacy Podcast

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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Rules of the Game: The Bolder Advocacy Podcast

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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Rules of the Game: The Bolder Advocacy Podcast

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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Rules of the Game: The Bolder Advocacy Podcast

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...

info_outline Celebrating Advocacy Wins show art Celebrating Advocacy Wins

Rules of the Game: The Bolder Advocacy Podcast

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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Rules of the Game: The Bolder Advocacy Podcast

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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Rules of the Game: The Bolder Advocacy Podcast

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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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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For regular listeners of the pod, you may recall that we’ve discussed fiscal sponsorship in past episodes. Fiscal sponsorship is a great way for a new charitable organization to work with an existing 501(c)(3) to get up and running (including engaging in important advocacy) whether waiting to receive its own IRS tax-exempt status or not. Today, we’re going to look at this topic form a different point of view – that is, from the fiscal sponsor’s perspective. On this episode, we’ll chat about considerations fiscal sponsors should keep in mind when engaging in, and when supporting projects engaging in, advocacy. And we’re very happy to be joined today by Josh Sattely from Social Impact Commons. 

 

Attorneys for this episode 

Sarah Efthymiou 

Melissa Marichal Zayas 

Victor Rivera 

Josh Sattely, Social Impact Commons 

 

Shownotes 

  • Overview of fiscal sponsorship  

  • Our focus today is on 501(c)(3)s, but fiscal sponsors come in different forms, including 501(c)(4)s 

  • There are different types of fiscal sponsorship, but the two most common are: 

  • Model A (Direct/Comprehensive): Project operates within sponsor’s organization.  

  • Model C (Grant Relationship): Sponsor collects donations and grants funds to the project. 

  • Why Advocacy Matters for Fiscal Sponsors  

  • Enhances impact, credibility, and systemic change. 

  • What type of advocacy is allowed under fiscal sponsorship?  

  • Lobbying: Direct vs. grassroots lobbying. 

  • Non-Lobbying Advocacy: Educational activities, voter engagement, rulemaking, corporate influence, litigation. 

 

  • What are some of the Key Concerns for Fiscal Sponsors Engaging in Advocacy?  

  • Differentiating advocacy, lobbying, and political activity. 

  • Compliance and reporting at state/federal levels. 

Best practices for educating projects on compliance: 

  • Use existing resources like AFJ.  

  • Discuss advocacy/lobbying expectations early. 

 

  • Case studies of advocacy in action:  

  • Network to Abolish the Death Penalty 

  • Lift Louisiana, a fiscally sponsored project of Tides Center 

 

  • Common Misconceptions About Advocacy & Fiscal Sponsorship  

  • Overly conservative approaches due to funder restrictions. 

  • Misunderstanding grant/lobbying reporting obligations. 

 

  • Options for Projects Wanting to Go Beyond 501(c)(3) Limits  

  • Form a 501(c)(4) or partner with an existing one. 

  • Consider PACs or for-profit structures. 

 

  • Key Takeaways 

  • Stay engaged in advocacy but ensure compliance.  

  • Push back on unnecessary funder lobbying restrictions.  

  • Don’t overlook state/local advocacy.  

  • Consider existing (c)(4) partnerships before starting a new one. 

 

Resources