Get Out the Vote

Get Out the Vote (GOTV) efforts are one of the most impactful ways 501(c)(3) public charities can strengthen civic participation and help ensure communities have the tools and information they need to make their voices heard. From voter registration and education to reminders and access assistance, (c)(3) organizations can play an important role in helping people navigate the voting process while remaining nonpartisan. On this episode, we explore best practices for designing effective GOTV efforts, including how nonprofits can engage their communities, train staff and volunteers, and navigate election-related rules.

Attorneys for this Episode:

Monika Graham
Natalie Ossenfort
Victor Rivera

501(c)(3)s Must Remain Nonpartisan

Internal Revenue Code: 501(c)(3) organizations are prohibited from directly or indirectly participating in partisan political activity (activity on behalf of, or in opposition to, any candidate for public office).

Keeping GOTV Efforts 501(c)(3) Safe
Effective voter outreach for 501(c)(3)s is focused on expanding participation, not influencing who someone votes for. Therefore, (c)(3)s should refrain from using messages that support or oppose candidates, political parties, or groups of candidates. In addition, they should:

·       Make voter outreach activities available to all eligible voters

·       Ensure GOTV efforts are not coordinated with candidates or campaigns

·       Avoid targeting communities because they belong to a particular political party, voted a particular way in the past, or because they vote in a district where the race is likely to be close

The IRS uses a facts and circumstances test when determining whether a 501(c)(3) has violated the rules against partisan electioneering.

Building a Strong GOTV Effort

·       Start with your community. Use existing relationships and trusted communication channels to reach the people your organization serves. Connect with voters through tools and spaces they already use, such as text messages, social media, email newsletters, community events, and local partners.

·      Plan ahead. Start by understanding your community’s needs. Then, establish goals and timelines, create written policies and training materials, and train staff and volunteers on nonpartisan rules, including the difference between organizational activities and personal political activity.

·       Build partnerships. Collaborate with community organizations, libraries, schools, faith-based organizations, and other trusted institutions to expand outreach and maximize impact. Just remember that if you are partnering with any organizations or entities that are not 501(c)(3)s, all of your collective work needs to remain nonpartisan.

·       Track and evaluate your efforts. Document outreach activities and program decisions, assess what worked, and incorporate lessons learned to strengthen future GOTV efforts.

GOTV Activities 501(c)(3) Public Charities Can Conduct

501(c)(3) public charities can support voter participation by:

·       Registering voters through nonpartisan voter registration drives

o   NOTE: While this is true for public charities, private foundations have more restrictive rules related to voter registration activities and funding.

·       Reminding people about upcoming elections and encouraging them to participate

·       Sharing nonpartisan information that speaks to the voting process, including registration deadlines, polling locations, early voting, vote-by-mail options, and voter identification requirements

·       Helping reduce barriers to voting by providing nonpartisan assistance, such as transportation to the polls, language access resources, or accommodations for voters with disabilities

Remember, some voter registration rules and other voter assistance requirements can vary by state and have probably been updated since the last election cycle, so it is important to train your staff and volunteers on the applicable (and current) rules.

Just Remember:

·       In order to remain nonpartisan, 501(c)(3)s should not suggest who people should vote for in upcoming candidate elections.

·       It’s not just the Internal Revenue Code you need to think about. Federal election law and state laws also have a lot to say about how nonprofits can engage in election season advocacy.

o   For example, federal election law prohibits giving someone something of value in exchange for voting.

o   State law will likely regulate how you can interact with voters at polling sites, how and when voters can vote by mail (vs. in-person), and more!

Best Practices:

·       Provide training to staff and volunteers so they know how to effectively engage in GOTV work without running afoul of the Internal Revenue Code, federal election laws, or state law.

·       Develop and implement an organizational election season policy that is reviewed and signed by all staff, volunteers, and others who could potentially speak on behalf of your organization.

Key Takeaways:

·       GOTV efforts are a powerful way for 501(c)(3) public charities to advance civic participation and strengthen communities.

·       501(c)(3) public charities can encourage people to vote while remaining nonpartisan.

·       Thoughtful planning, training, and compliance practices help (c)(3)s strengthen civic participation in their communities

·       Effective GOTV efforts can engage communities by leveraging trusted relationships, reducing barriers to participation, and providing clear, nonpartisan voting information.

 

Resources:

• Want to Conduct or Fund a Voter Registration Drive?
• The Rules of the Game: A Guide to Election-Related Activities for 501(c)(3) Organizations
• Voter Registration Rules for Private Foundations
• Nonprofits, Elections, & the Fine Art of Remaining Nonpartisan
• Sample 501(c)(3) Organizational Policy for Election Season
• Vote 411