Nonprofits Under Siege: Don’t Panic, Prepare!
Rules of the Game: The Bolder Advocacy Podcast
Release Date: 12/10/2025
What Nonprofits Need to Know About Nominations
Rules of the Game: The Bolder Advocacy Podcast
After the Supreme Court wrapped up its latest term, we thought it would be a good idea to revisit the unique opportunities 501(c)(3) public charities have to advocate in favor of or against specific nominations made by the Executive Branch that require confirmation from a legislative body. On this episode, we explore the nomination process for key positions and give you some best practices on how to ensure your organization can effectively (and legally) advocate for specific nominees. Shownotes: · Nomination advocacy often qualifies as lobbying (Internal...
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State of Advocacy: Legislative Update
Rules of the Game: The Bolder Advocacy Podcast
On today’s episode, we are breaking down the 2026 state legislative season and how the landscape affecting nonprofit advocacy is shifting across the country. We are recording this in mid-June, and while most states have wrapped up for the year, not all have, so you are going to want to look at your state to get a sense of what’s enacted, what’s moving, and what’s dead. What we’re seeing this year is not just incremental change, but a rapid expansion of state-level regulation over campaign finance, ballot measures, voter access, and increasingly, what we are calling foreign influence...
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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...
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