Nonprofits Under Siege: Don’t Panic, Prepare!
Rules of the Game: The Bolder Advocacy Podcast
Release Date: 12/10/2025
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_outlineIn 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
· Tim Mooney
· Natalie Ossenfort
Shownotes
· In recent months:
o Federal Executive Orders & Memos:
§ March 7: EO entitled “Restoring Public Service Loan Forgiveness”, which makes employees of organizations with a “substantial illegal purpose” ineligible for public service loan forgiveness benefits.
· “Targets orgs supporting terrorism and aiding an dabetting illegal immigration”
§ August 28: EO entitled “Use of Appropriated Funds for Illegal Lobbying and Partisan Political Activity by Federal Grantees”, where the President directs the Attorney General to investigate whether federal grant funds are being used to support lobbying initiatives.
§ September 25: National Security Presidential Memorandum (NSPM-7)+ Sept 22 EO designating Antifa as domestic terrorist org: designating domestic groups as terrorist orgs.
o Congressional Oversight (Letters and Hearings):
§ October 6: Ways and Means Committee Letter to IRS requesting investigation of specific nonprofits and revocation of their tax-exempt status
§ October 28: Letter sent to three 501(c)(3) foundations regarding their compliance with nonprofit tax law
§ November 5: Letter sent to the Environmental Protection Agency regarding its funding of “far-left” organizations via the Greenhouse Gas Reduction Fund
§ Check out the International Center for Not-for-Profit Law’s congressional investigations tracker for additional examples.
o State-Level Actions:
§ Texas: November 18 Executive Order designating certain organizations “foreign terrorist organizations”, barring them from purchasing property in the state.
· Stay alert:
o Be on the lookout for new state laws related to foreign contributions to ballot measures. At least 19 states have enacted bans on contributions from foreign nationals to ballot question efforts, nine during the 2025 legislative session alone.
o Expect a possible uptick in I-9 (Employment Eligibility Verification) Enforcement. Employers are required to timely and properly complete and retain Form I-9 for each employee they hire.
· What you can do:
o Don’t fall for the sternly worded “Letters to Santa” by Members of Congress.
o Conduct a compliance self-assessment with AFJ Bolder Advocacy’s “Advocacy Check-Up” tool.
o Take advantage of the Nonprofit Legal Defense Network (created in partnership with We The Action).
o Brush up on federal and state election season advocacy rules in advance of the 2026 Midterms, and adopt an election season advocacy policy for signature by staff, board members, and volunteers.
o Lobby against legislation that would create new barriers to your nonprofit’s advocacy. Just remember to stay within your public charity lobbying limits.
o Go on the offense.
o Reach out to AFJ’s Bolder Advocacy team for free technical assistance.
Resources
· Break in Case of Panic! hub
· Preparing for Politically Motivated Attacks on-demand webinar
· How Nonprofits Can Fight Back Against Trump’s Harmful Executive Orders blog
· Advocacy Check-Up: compliance self-assessment tool for 501(c)(3) public charities
· Nonprofit Legal Defense Network