Ask Us Anything

 

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 scenarios, and a few surprises drawn straight from questions advocate like you are asking every day. 

 
Attorneys for this episode 
Tim Mooney 
Natalie Roetzel Ossenfort 
Quyen Tu

 
Shownotes 

Question 1: How can 501(c)(3) organizations participate in voter registration activities, and where can we find funding to support this work? 

• Voter registration is explicitly allowed (and encouraged): 501(c)(3) public charities can conduct voter registration drives if they are nonpartisan: no support for or opposition to any candidate or political party. This includes helping people register, providing forms, and sharing neutral information about how and where to vote. 

• Stay strictly nonpartisan in execution: Activities must be offered equally to all eligible voters, without targeting based on partisan affiliation or coordinating with campaigns. Messaging should focus on civic participation, not persuading people how to vote. 

• Integrate into existing programs: Nonprofits can weave voter registration into their regular services, including clinics, food distribution, schools, housing programs, etc. so long as participation is voluntary and not tied to receiving services. 

• Train staff and document compliance: Provide clear guidance to staff and volunteers on what they can and cannot say/do, and keep materials and scripts neutral. Written policies help demonstrate compliance if questions arise. Remember to follow state law too!  

• Use trusted resources and tools: State election offices, nonpartisan groups (like BA and League of Women Voters affiliates), and national civic engagement organizations offer compliant toolkits, forms, and training materials. 

• Funding realities (and strategy) 

• Private foundations can fund nonpartisan voter registration, but they face extra rules for “voter registration drives” under IRS definitions (multi cycle, multi state, etc.). Few private foundations fund at this level, so pursuing funding for voter registration drives may not work out. 

• Community foundations (and other public charities), and individual donors are typically more flexible and practical funding sources for this work. 

• Corporate philanthropy may also support civic engagement framed around community participation, equity, or access. Check the grant for scope and ensure funds are used strictly for nonpartisan activities. 

 

Question 2: Our organization is considering having a presence at an upcoming rally. What should we know about this type of activity? Can we participate as an organization or as individual advocates working outside of the purview of our nonprofit? 

• Understand that there are many interests and types of orgs participating 

• Understand the goals of the rally 

• Like Tim said, Educate your volunteers/staff who will be attending on what your (c)(3) needs to do 

• Focus on policies 

• No candidates 

• facts and circumstances 

• If (c)(3) staff are asked who they support in upcoming elections, they should avoid answering 

• Organization v. individual capacity 

• Reminder: state and local rules if this is a protest 

Question 3: There’s a proposal on the table in our community that would require local law enforcement to cooperate with ICE. Can we advocate against this? If so, what do nonprofit advocacy rules have to say about it? 

Several states and local municipalities are considering proposals that would require law enforcement cooperation with ICE and others are considering policies that could significantly impact ICE operations. For example: 

• In Tennessee, a new immigration-related bill (HB 2219) would require the Sherrif of each county to cooperate with ICE via a 287(g) agreement 

• In Houston, Texas, the City Council is considering a proposal that would give Houston police officers the discretion to call ICE in relation to certain immigration warrants. 

• In Salt Lake City, Utah, the City Council recently passed a new ordinance that limits nonresidential water consumption, complicating the opening of a new ICE detention facility in the city. 

If your organization wants to chime-in, what rules should it be considering? 

1. If you are attempting to influence a bill or proposed ordinance in your city, that activity could qualify as lobbying since it happens in a legislative context. 

1. The tax code permits some public charity lobbying, but it limits how much lobbying they can do. 

2. Whether your action counts as lobbying depends on which of two tests you use to measure your lobbying limits: insubstantial part test or 501(h) election since the definitions of lobbying differ under each test. 

3. Legislative activities of these types could also trigger state and local-level lobbyist registration and reporting. 

4. Make sure that all lobbying conducted by your public charity is properly tracked and reported, that you are staying within your lobbying limits, and that you are using funds that permit this type of activity. 

 

2. If you are simply trying to influence an executive branch (e.g. local law enforcement) policy and not legislation, you will likely not need to count this activity against your lobbying limits, but it could still trigger registration and reporting. 

 

Resources 

Public Charities Can Lobby: Guidelines for 501(c)(3) Public Charities 

What is Lobbying Under the 501(h) Election? 

Practical Guidance: Nonprofit Lobbying 

Election Checklist for 501(c)(3) Public Charities: Ensuring Election Year Advocacy Efforts Remain Nonpartisan 

Sample 501(c)(3) Organizational Policy for Election Season 

Election Activities of Individuals Associated with 501(c)(3) Organizations 

Practical Guidance: Nonprofit Voter Assistance Series