Advocacy for Democracy and Voting Rights
Rules of the Game: The Bolder Advocacy Podcast
Release Date: 06/11/2025
How Philanthropy is Meeting the Moment
Rules of the Game: The Bolder Advocacy Podcast
This week, we are diving into the world of philanthropy. We are thrilled to be joined by Matthew L. Evans from the United Philanthropy Forum who will help us understand how philanthropy is evolving to meet this moment and what challenges and opportunities we are seeing for funders and philanthropy infrastructure organizations. Guests for this episode Brittany Hacker Leonard Tim Mooney Matthew L. Evans Shownotes Matthew L. Evans is the United Philanthropy Forum’s VP of Advocacy and External Relations....
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Individual Activity in Election Season
Rules of the Game: The Bolder Advocacy Podcast
Employees and volunteers of public charities often participate in the political and democratic process in ways that connect to their organization’s mission. While a 501(c)(3) cannot engage in partisan activity, individuals don’t give up their First Amendment rights when they are staff, board members, or volunteers of a public charity. In our last episode, we talked about candidate appearances at charitable events. But what if the call is coming from inside the house? In this episode, we’ll share some practical tips and best practices to help you engage in electoral work as an individual...
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Commenting on Candidates
Rules of the Game: The Bolder Advocacy Podcast
When nonprofits speak out on issues in the public square, the line between education and electioneering can get blurry – especially during election season. On this episode of Rules of the Game, we break down what the law allows when organizations comment on statements made by candidates and campaigns, and how those rules shift when addressing the actions of incumbents who may also be on the ballot. From issue advocacy to the risk of impermissible political intervention, we walk through practical scenarios and key guardrails to help your nonprofit stay compliant while engaging in advocacy to...
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Candidate Appearances
Rules of the Game: The Bolder Advocacy Podcast
Primaries are taking place or may have already occurred where you are. More elections will take place from now until November so we thought it’s a good time to talk about candidate appearances. We’ll explain how (c)(3)s can stay nonpartisan while helping to educate voters and candidates by hosting candidates. (c)(4)s, you can of course do everything (c)(3)s can do and much more! Attorneys for this episode Quyen Tu Victor Rivera Brittany Hacker Leonard Shownotes Why is this important? C3s are a trusted source of...
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Ballot Measure Advocacy
Rules of the Game: The Bolder Advocacy Podcast
With direct democracy becoming more important than ever in this political climate, we thought it was a good time to revisit ballot measures. From local park bonds to important state constitutional amendments, ballot measures have become important tools for policymaking, and nonprofits often play a huge role in supporting and opposing them. On this episode we do a deep dive on the details and how you can get involved. Attorneys for this episode Susan Finkle Sourlis Tim Mooney Natalie Ossenfort Shownotes What Are Ballot Measures, and Why...
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Ask Us Anything
Rules of the Game: The Bolder Advocacy Podcast
On this episode of Rules of the Game, we dive into some of the most common – and pressing – questions we hear on our free nonprofit advocacy technical assistance hotline. From whether foundation funding can support voter registration efforts, to what nonprofits should know when attending rallies and advocating around local law enforcement cooperation with ICE, we break down the rules and offer practical guidance you can use to enhance your organization’s advocacy and community participation in elections and other public policy activities. We’ll discuss real world...
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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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Litigation Update
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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College Athletics, NIL and Nonprofits
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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Ask Us Anything: Voter Registration
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 ...
info_outlineToday we're diving into the sixth of our eight-part series, exploring how nonprofits champion democracy and protect voting rights. We'll unpack the strategies these organizations use to advocate for democratic participation while operating within the law. This conversation feels especially urgent as we see acceleration to challenges to voting rights and democratic institutions in 2025.
Attorneys for this episode
Tim Mooney
Natalie Ossenfort
Susan Finkle Sourlis
Shownotes
Current Events / Executive Orders
· Trump Administration Directives on Voting & Civil Rights
o Disbanded the DOJ Voting Rights Section’s Election Monitoring Program.
o Rescinded Biden executive order promoting federal agency voter registration partnerships
o Halted implementation of interagency plans for voter access through social service agencies, and redirecting the Election Assistance Commission to implement draconian requirements outside the scope of its mission his authority over it.
· Impact on Vulnerable Communities
o Revoked supporting access to the ballot for voters with disabilities and non-English speakers.
o Pressured USPS to deprioritize ballot delivery during election periods and issued an EO that attempts to reject mail in ballots postmarked on Election Day but received afterward.
Nonlobbying Advocacy
Although you may consider this an off year for federal elections (but many local and state elections are happening this year) – now is the time to work to ensure the protection of voting rights for the future.
Advocacy can take many forms, lobbying is just one form. There are many ways organizations can advocate for change to ensure democracy and voting rights are secure. Organizing, educating the public, conducting research, executive branch and regulatory activities, working with your local state board of elections, trainings and litigation just to name a few way.
Here are some ways organizations have undertake
· Educate the Public
o Democracy North Carolina launched a digital explainer on redistricting and gerrymandering for community audiences, and engaged in election protection work. This included monitoring polling stations for long lines, problems with voting, voting misinformation.
· Hold a Rally or Event
o Detroit Action organized “Halloween Early Vote,” a trunk or treat in a historically underrepresented part of Detroit, promoting civic pride, early voting… and candy.
· Litigation as Advocacy
o Campaign Legal Center and Southern Poverty Law Center sued Louisiana for new proof of citizenship documentation as a violation of federal law.
o League of United Latin American Citizens, the League of Women Voters Education Fund, the Democratic National Committee and others sued to overturn Trump’s federal elections executive order, successfully enjoining some of the more egregious parts of it.
Foundation-Funded Advocacy
· Public and private foundations can fund 501(c)(3) nonpartisan voter engagement activities that do not support or oppose candidates for public office.
· Special rules for private foundations re: voter registration drives (grants must be for nonpartisan VR drives conducted in 5 or more states over multiple election cycles), but community foundations can fund VR even for small, local, grassroots organizations.
· Ford Foundation and Carnegie Corporation of New York have supported nonpartisan voter education and rights litigation to strengthen democracy and public trust in government.
Lobbying
· Legislative Wins
o New York: Enacted the John R. Lewis Voting Rights Act, pushed through with support from a coalition including Legal Defense Fund and Citizen Action of NY
o New Mexico: Passed legislation mandating automatic and same-day voter registration following lobbying by ProgressNow NM and allies.
· Ballot Measures Protecting Voting Rights
o Michigan Proposal 2 (2022): Guaranteed early voting and drop boxes; supported by Voters Not Politicians and League of Women Voters of Michigan.
o Arizona: Local advocates, including Living United for Change in Arizona (LUCHA), defeated multiple voter suppression ballot initiatives.
o Nevada: Voters passed automatic voter registration (2018) and expanded it further in 2022 with strong nonprofit support.
Resources
· Democracy & Equity: The Advocacy Playbook for Democracy and Voting Rights
· Public Charities Can Lobby (Factsheet)
· Practical Guidance: what your nonprofit needs to know about lobbying in your state
· Investing in Change: A Funder’s Guide to Supporting Advocacy
· Seize the initiative