Individual Activity in Election Season

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 while keeping your organization safely within the rules to protect its tax-exempt status.  

Attorneys for this episode 

Victor Rivera 

Quyen Tu 

Sarah Efthymiou 

Show notes 

Basic rule: 501(c)(3) organizations are prohibited from participating in partisan political activity. This rule also applies to anyone acting on an official capacity on behalf of the c3. This means that (c)(3) leaders, staff, and volunteers may not use the facilities, equipment, personnel, or other c3 resources to provide support to or oppose a candidate or campaign. However, this prohibition does not apply to the activities of officers, directors, or employees of 501(c)(3)s who are acting in their individual capacity. 

Best Practices: Election Activities of Individuals Associated with 501(c)(3)s 

• Know when you’re on the clock. 501(c)(3) staff may work on political campaigns outside of work hours, or while using their available leave time. However, time for which a charity compensates a staff member is also the charity’s resource and should not be used for supporting or opposing candidates. Even unpaid time off could be problematic if permitted to staff outside of standard personnel policy limits and preferentially allow them to volunteer on some campaigns and not others. 

• Don’t use c3 resources for political purposes. A charity should not allow its assets or facilities to be used for individuals’ personal campaign work (including obvious resources like letterhead, photocopiers, and telephones, as well as perhaps less obvious ones like distribution lists, postal mailing permits, and email accounts). And, since 501(c)(3)-sponsored events use the organization’s reputation and goodwill, 501(c)(3) representatives cannot support or oppose candidates at events. 

• Adopt an election-season policy. 501(c)(3) organizations should make staff aware, in writing, of policies against using organizational resources for supporting or opposing candidates. 

• Make clear what hat you’re wearing. Individuals should make it clear that they are speaking for themselves and not for the organization when participating in partisan activities off the charity’s clock. 

Best Practices: 501(c)(3) Employees Running for Office 

In addition to supporting candidates, individuals who work for or serve as board members for 501(c)(3) organizations may wish to run for office themselves. In those situations, it is important for the 501(c)(3) associated with the candidate to avoid supporting or opposing the candidacy, as well as avoid giving the appearance of supporting or opposing the candidacy. 

• Avoid allowing 501(c)(3) resources to be used for campaign activities, including facilities and staff time.  

• If mentioning candidacy, do so for informational purposes only. 

• Confirm whether government grants place any restrictions on staff running for office.  

• If using a 501(c)(3)’s social media accounts, be careful about liking or sharing content from the candidate’s account/campaign. 

Resources  

• Rules of the Game: Guide to Election-Related Activities for 501(c)(3)s 

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

• 501(c)(3) Employees Running for Office (Factsheet) 

• Election Activities of Individuals Associated with 501(c)(3)s  

• Board Members and Election Year Activities) 

• The Hatch Act of 1939: Frequently Asked Questions 

• 8 Tips For Nonprofits with Employees Running for Public Office