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...
info_outline
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...
info_outline
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....
info_outline
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...
info_outline
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...
info_outline
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...
info_outline
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...
info_outline
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...
info_outline
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...
info_outline
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_outlineOn 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?
-
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.
-
The tax code permits some public charity lobbying, but it limits how much lobbying they can do.
-
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.
-
Legislative activities of these types could also trigger state and local-level lobbyist registration and reporting.
-
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.
-
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