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Threats to Tax Exempt Status

Rules of the Game: The Bolder Advocacy Podcast

Release Date: 08/20/2025

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...

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...

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 ...

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 ...

Public Charities Can Lobby!

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...

2026 Resolutions

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...

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...

Nonprofits Under Siege: Don’t Panic, Prepare!

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 ...

Giving Thanks

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 ...

Election Season Prep

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...

More Episodes

On this episode, we’re diving into a topic that’s especially important in today’s high-stakes advocacy environment — threats to your tax-exempt status. Yes, we’re talking about that precious 501(c)(3) status, the one that lets your organization do good in the world without paying taxes, and with the constant challenge of figuring out how to advocate, influence policy, and make change without accidentally stepping into ‘oops, we might lose our status’ territory.

Attorneys for this Episode

Monika Graham

Victor Rivera

Special guests, interns Ariana and Cecilia

Shownotes

Lobbying 101 for 501(c)(3) Public Charities

Direct vs. grassroots lobbying
The 501(h) election and why it matters
Tracking expenditures and staying under federal limits

Election Season Advocacy Without the Partisanship Pitfalls

What nonpartisan really means (and the surprisingly small actions that can cross the line)
Safe activities: voter education, GOTV efforts, and issue-focused advocacy
Timing, audience, content, and motive — the four factors the IRS cares about

Common Allegations and How to Defend Against Them

Exceeding lobbying limits
Misuse of restricted or federal funds
Partisanship accusations in disguise

Best Practices to Protect Your Organization

Documentation systems that actually work (and don’t make your staff revolt)
Internal policies and staff training that stick
Tools and software for tracking lobbying (and why cross-departmental collaboration matters)

Real-World Case Examples

Increased government scrutiny and oversight
How nonprofits are adapting their compliance tracking in 2025

Resources

Being a Player
Rules of the Game
Influencing Policy in the Digital Age
Preparing for Politically Motivated Attacks

TOPICS