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 ...
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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...
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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...
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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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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 ...
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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 ...
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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...
info_outlineWhether 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 support or opposition to political parties, candidates, or groups of candidates running for public office, including those not affiliated with a specific political party.
However, the definition of what counts as “nonpartisan” remains somewhat unclear. The IRS uses a “facts and circumstances” test to determine whether a charity’s communication and/or activity is truly nonpartisan or a disguised attempt to influence an election. The IRS considers whether the communication and/or activity:
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identifies candidates
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compares a candidate’s position on issues important to the organization with the organization’s positions on those same issues
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expresses approval or disapproval of a candidate’s position or actions
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is delivered close to an election, references voting, focuses on issues that distinguish candidates
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is part of an ongoing series of communications independent of election timing
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or coincides with non-electoral events like legislative hearings on pending bills
DO:
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Keep your focus on issues, not elections. Continue mission-related issue advocacy but avoid suggesting how people should vote.
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Educate voters. Provide nonpartisan facts, resources, and information about voting without mentioning or implying support for candidates or parties
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Host candidate forums or publish questionnaires:
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Invite all viable candidates and give each candidate an equal opportunity to participate
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Ensure questions are neutral, related to your charitable purpose, and cover a broad range of issues
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Share responses verbatim and without commentary
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Register voters and encourage turnout (GOTV) in a nonpartisan manner — serve everyone equally, regardless of political affiliation. Remember, there are special rules for private foundations
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Document everything. Keep records showing how you designed and implemented your activities to avoid partisanship. Develop a track record of similar advocacy in non-election years
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Train staff and volunteers they understand what’s allowed and what’s off-limits during election season
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Separate personal and organizational activities. Staff and board members may support candidates on their own time, but not using organizational resources (e.g., name, email, office space, social media)
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Engage in ballot measure advocacy but remember to track and report this activity as lobbying if expressing a view on the measure and trying to influence the vote
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Meet with the candidates, educate them about your organization’s work, and try to influence their platforms, while ensuring that you provide the same or equivalent information to every candidate
DON’T:
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Endorse, oppose, or rate candidates — directly or indirectly
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Use “code words” (e.g., “vote pro-life,” “support progressive values,” “throw out the incumbents”) that imply candidate support or opposition
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Time issue advocacy communications to coincide with elections if the message could be seen as favoring one candidate’s position.
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Publish or share candidate statements selectively or with commentary that signals approval or disapproval
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Use organization funds, staff time, or materials for any partisan campaign activity
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Let candidates use your events, publications, or platforms for campaign purposes.
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Coordinate messaging with a candidate or you could also trigger campaign contribution restrictions under federal election law
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