We’ve talked about how private foundations can fund advocacy, but we are frequently asked what they can do themselves to push for policy change in the communities they serve. On this episode, we cover the do’s and don’ts of private foundation advocacy.

Attorneys for this episode

Tim Mooney

Natalie Ossenfort

Quyen Tu

Shownotes

We’ll get to the do’s in a bit, but first the don’ts – don’t support or oppose candidates for public office and don’t engage in any activity that meets the definition of lobbying.

• IRS rules - 501(h) definitions apply (direct & grassroots lobbying)
• Any expenditure that meets the definition (paid staff or earmarked grant)
• Consequence – excise taxes
  • 20% of the amount spent is assessed on the foundation
  • 5% of the amount expended (up to a maximum of $10,000 for a single expenditure) is assessed on a foundation manager if they "knowingly, willfully and without reasonable cause" agreed to the lobbying expenditure
• There are plenty of things private foundations can do that are similar to lobbying or excepted from lobbying – it’s not worth getting the excise tax!

The do’s - options for private foundations

• Non-lobbying advocacy
  • Activity that does not have all of the elements of either direct or grassroots lobbying within the 501(h) definitions
  • Meeting with legislators? Don’t advocate for specific legislation. Instead, speak about the issues within your portfolio broadly, and to the successes your funding has had. If asked what your stance is on a pending bill, do not answer (“It’s a trap!”) because that becomes direct lobbying.
  • Communicating with the public? Here you can boldly promote your stance on legislation so long as you don’t include a call to action, urging the public to contact legislators. This is a very underutilized option!
  • Ballot measures? Remember advocacy on these is direct lobbying so it’s best to avoid advocating on these as a private foundation. Educating without urging a vote one way or another avoids the excise tax.
  • Other forms of nonlobbying advocacy
    • Regulatory advocacy
    • Advocacy before special purpose boards (i.e. school boards, water districts, etc.)
    • Convening decisionmakers to discuss a policy topic
    • Sign onto an amicus brief or otherwise participate in litigation
    • Education campaigns
  • Lobbying exceptions
    • Nonpartisan Analysis, Study or Research
      • Content: full and fair analysis
      • Distribution: broad public distribution and/or to government officials or employees
      • Can take a stance on legislation
      • Often print reports, but don’t have to be
      • Watch out for subsequent use rule
      • Earmarking a grant for this is also not lobbying
      • Annie E. Casey Foundation uses this exception a lot. Examples include advocating for expanding the Child Tax Credit, policy proposals (some that would require legislation) around student debt. They also earmark funds for reports done by grantees that fit in this exception, which is effectively the same as doing it themself.
      • Missouri Foundation for Health is kind of a bank shot example because technically it is a (c)(4) but because of a court settlement agreement going back to the tobacco litigation, it operates under private foundation rules. It commissioned a series of studiesand came out strongly in favor of Medicaid expansion in MO as a part of it. This all snugly fits in the exception.
      • Last example comes from DC and the Bainum Family Foundation. It commissioned a reportto document the shortage of high quality subsidized child care for those under 3 in lower income communities of Wards 7 and 8 of DC. The report was the basis of an entire campaign to advocate for a change in laws before the DC Council (which was successful!).
    • Requests for Technical Assistance
      • Providing information to legislative committees when invited is not lobbying
      • Must be invited in writing
      • Must be invited by the chair of the committee, subcommittee, or body
    • Self-Defense
      • Narrow exception – if there’s a pending bill that would impact the rights or responsibilities of private foundations, lobbying for or against the bill doesn’t count.
    • Examinations and Discussions of Broad Social, Economic and Similar Problems
      • Taking a stance on the general subject of legislation, without taking a stance on any legislation itself is not lobbying
      • This is a bit of a tightrope (remember our “it’s a trap!” example)

Resources

Lobbying Defined for Private Foundations

Private Foundations May Advocate

Be Bold and Advocate Rules for Foundations Engaging in Advocacy in TX

Philanthropy Advocacy Playbook

On this episode we dive into ways your organization can weigh in on government budgets and legislation, bringing needed change to your communities. Whether you focus on housing, health care, the environment, education, public safety, civil rights, or virtually any nonprofit activity is impacted by the government budget. There are many opportunities for nonprofits to educate policymakers and the public alike about the critical impact government funding plays in people’s lives. Today, we’ll discuss how nonprofits can influence the budget process and more. 

Attorneys for the show

Victor Rivera

Leslie Barnes

Tim Mooney 

• Nonprofits Can Influence the Budget Process  

• • Government budgets counts as specific legislation 

• • Most but not all budget work counts as lobbying 

• • Public charities can lobby 

• • 501(c)(4)s, 501(c)(5), and 501(c)(6) do not have a federal lobbying limit 

• • Private foundations cannot earmark funds for lobbying but can fund grantees that lobby and engage in non-lobbying advocacy 

• The budget process starts   

• • President presents budget in February (see federal timeline in resources) 

• • Each state’s budget process is different 

• • Ex – TX legislature meets only every 2 years, working on state budget in 2023 

• • Bills go through a committee process, opportunity for public input 

• • Before that, there is opportunity to influence the draft budget 

• • Opportunity to influence the budget at many stages 

• • Influencing the administrative agencies on what to include in their budget request may be lobbying – do it, track it! 

• • Working to implement how money is allocated after budget is enacted is generally NOT lobbying for IRS purposes. Beware state lobbying registration and reporting 

• Ways to impact the budget process  

• • Attend public hearings – inform public about when public hearings occur  

• • Direct Lobbying 

• • Grassroots Lobbying  

• • Educating the public using Nonpartisan Analysis Study and Research  

• • Educating the public – no call to action, not lobbying 

• Lobbying disclosure  

• • Fed, States and some municipalities regulate when nonprofits and employees must register as a lobbyist 

• • Bolder Advocacy has resources on state lobbying registration/reporting 

• • Determine state lobbying threshold for nonprofit and employees 

• • Track and report activities to state regulators 

Resources  

Nonprofits Can Influence the Budget Process 

Administrative Advocacy  

State Law Resources: Practical Guidance Series – What Nonprofits Need to Know about Lobbying in Your State 

Federal Budget Timeline 

On this episode, we once again turn to your questions on nonprofit advocacy with another edition of Ask Us Anything. We’ll cover topics like employing newly elected officials, how small c3s can impact legislative policies, accepting donations, and tracking lobbying. 

Attorneys for this Podcast 

Victor Rivera 

Leslie Barnes 

Quyen Tu 

Questions: 

• We received this call to our hotline asking whether a c3 nonprofit needed to let their communications director go after the director won their election to city council in November. 

• • Don’t fire your comms director just because they had a successful election campaign! 

• • There is no specific IRS rule requiring you to fire your comms director. 

• • Know which “hat” you’re wearing, keep resources separate, conflicts of interest, ethics. 

• We received this email from a 501(c)(3) public charity in Mississippi with a volunteer staff. They wrote “We are a small, but growing nonprofit organization run entirely by volunteers and we partner with larger organizations around issues of education and children. There will be a bill introduced to ban corporal punishment, but our funding prohibits us from lobbying. What type of advocacy can we do around the campaign to eliminate corporal punishment?” 

• • Non-lobbying advocacy: NPARS, requests for technical assistance. 

• • The 501(h) election 

• • Raise revenue for lobbying

• • Review state lobbying guides for state registration thresholds 

• Next, we were asked if a 501(c)(3) public charity could accept donations stemming from the sale of cannabis, akin to what we’ve done with the tobacco taxes? 

• • Very, very unclear. 

• • While cannabis is still illegal at the federal level, some/many states have decriminalized this. 

• • Funding sources for cannabis differ. 

• • May use this opportunity to lobby Congress to change the law. 

• • Seek legal advice on this issue before proceeding. 

• Last question: we typically get questions that deal with how to track staff time spent lobbying. The good news is that the IRS does not require a particular time-keeping system for nonprofits.  

• • Need a reasonable system in place and one that isn't too burdensome on the organization.  

• • Your organization should keep track of staff time, direct costs, and overhead expenses. 

• • Easier to track and report lobbying expenses on Form 990 every year. 

• • Our keeping track guide has a ton of information on how to ensure compliance with the IRS. We also have sample timesheets available on our website, bolderadvocacy.org. 

• • It’s always good to have a designated recordkeeper for the organization.  

Resources

Being a Player: A Guide to IRS Lobbying Regulations for Advocacy Charities 

Cost Sharing Agreement between 501(c)(3) and 501(c)(4)  

Keeping Track: A Guide to Recordkeeping for Advocacy Organizations 

What is Lobbying Under the 501(h) Election? 

Sample Timesheets 

State Practical Guidance Resources 

On this episode, we’ll discuss how your organization can prepare to maximize your advocacy and impact in 2023. With several states gearing up for new legislative sessions and the 118th United States Congress about to head to work, the time is ripe for ensuring that your organization is ready to boldly advocate on behalf of the communities and causes you care about. That’s why today we present to you the Top 10 things your public charity can do now to get ready for 2023. 

Link -  

Our attorneys for this episode 

Tim Mooney 

Natalie Ossenfort 

Quyen Tu 

1. Calculate Your Lobbying Limit  

• If your organization has made the 501(h) election, your total lobbying limit is based on your organization’s annual exempt purpose expenditures.  
• You can use our lobbying calculator to estimate how much your organization can spend during your fiscal year on lobbying activities. 
• By understanding how much you are allowed to spend on lobbying, you can more effectively prepare for upcoming legislative sessions. 

2. If you haven’t done so already, consider making the 501(h) election. 

• Most public charities have the option to maximize their lobbying limits by making the 501(h) election. 
• Organizations that do can easily calculate their lobbying limits and, in some instances, allocate up to 20% of their budgets to lobbying activities. 
• If you don’t, however, your lobbying limits are based on the somewhat vague and confusing “insubstantial part test”, which limits lobbying to around 3-5% of an organization’s overall activities each year. 

3. Brush Up on State Lobbying Disclosure Laws in preparation for upcoming legislative sessions – We have a Lobbying Practical Guidance series that will help! 

• Created in partnership with the Democracy Capacity Project, this series will help you and your nonprofit determine how state lobbying disclosure rules may impact your policy work 

• We currently have guides published for 19 states, but several more are coming soon! 

4. Remember that lobbying at the Federal level (to Congress or Executive branch officials) may implicate the Lobbying Disclosure Act. 

• The triggers for lobbyist registration under the LDA are relatively high, so many groups won’t need to register and report as lobbyists. 

5. Create a Policy Agenda (see ROTG #13 – aka the previous episode) 

6. Assess whether you need a 501(c)(4). 

• Running up against your public charity’s lobbying limits? Wanting to take a stand on candidates running for public office?  
• If so, it might be time to consider forming an affiliated 501(c)(4) (aka social welfare organization).  
• Our publication entitled “The Connection” will help get you started. 

7. Convene or join a coalition to amplify your impact. 

• Coalitions can take several forms (i.e. informal partnerships, fiscal sponsorship arrangements, independent 501(c)(3)s or 501(c)(4)s). 

• Just remember that the rules that apply to your organization’s tax-exempt status follow you in to coalition work. So, for example, if you happen to work for a 501(c)(3), you’ll need to make sure that any coalition work you engage in is conducted in a nonpartisan manner (not designed to support or oppose candidates for public office). 
• Use our coalition checklist to get started today. 

8. Audit your recordkeeping system 

• Proper recordkeeping is essential to meeting your advocacy goals. It can help your organization  

• comply with filing obligations (e.g. IRS 990 / state lobbying reporting requirements),  

• Informing strategic planning / stay focused on your mission, and  
• obtain funding (by building trust with your funders and boosting your ability to provide detailed budgets and grant reports) 

• For sample timesheets and other recordkeeping tips, check out BA’s Keeping Track guide. 

9. Connect with your funders, supporters, and champions 

10. Make plans to celebrate the victories, large and small, along the way! All no’s eventually lead to a yes said Tim. 

Resources 

• The Connection  
• Lobbying Calculator 
• Coalition Checklist 
• Keeping Track 
• Practial Guidance Lobbying Series 

On this episode we revisit the ways nonprofits can create a policy agenda to advance their missions. Now that the election is over, we have to begin looking forward to what’s ahead and what we want our local, state, and federal policymakers to consider in the coming year. Originally podcast December 16, 2020.

Our attorneys this episode

• Jen Powis
• Shyaam Subramanian
• Natalie Ossenfort

Resources

• Transition Team Advocacy 
• Amplify Your Voice: Lobbying Do’s and Don’ts 
• Bolder Advocacy’s TA hotline: 866-NP-LOBBY 
• Email us at [email protected] 
• Our website is bolderadvocacy.org 

Tis the season for giving thanks, and we here at the Rules of the Game podcast are immensely grateful for the amazing work done by nonprofits across the country to advocate on behalf of ballot measures during the midterm elections. On this episode, we’ll highlight several noteworthy wins. From protecting reproductive rights to expanding education access for Dreamers, it was truly a remarkable year for rallying public support and seizing policy wins at the ballot box.

Our attorneys for this episode

Leslie Barnes

Natalie Ossenfort

Tim Mooney

Shownotes

Ballot Measures: A Quick Review of the Rules

• Yes, 501(c)(3) public charities CAN support / oppose ballot measures (including ballot initiatives, bond proposals, constitutional amendments, etc.)
  • Public charities can lobby (within their lobbying limits)
  • Advocacy for or against a measure = lobbying
    • The public is a legislator in the ballot measure context
    • Under the insubstantial part test, ballot measure advocacy = lobbying.
    • Using the 501(h) election, ballot measure advocacy = DIRECT lobbying.
  • Public charities should refrain from supporting / opposing candidates that may appear on the same ballot (remain nonpartisan)
• Different rules for private foundations, which should NOT engage in ballot measure advocacy due to prohibitive excise tax, but can take advantage of lobbying exceptions and use general support grants and specific project grant safe-harbors to support the work of their grantees
• 501(c)(4)s can engage in nonpartisan as well as partisan ballot measure work, but partisan work should remain a secondary activity of the organization
• Regardless of what type of tax-exempt org you may work for, also keep in mind state / local law, which may require reporting of ballot measure activities and expenditures

Big Wins!

• Arizona Proposition 308
  • Championed by Mi Familia Vota, Unidos US, Arizona Community Foundation, and more!
  • Grants undocumented Arizona high school graduates the ability to obtain in-state college tuition prices and gets rid of Prop 300, which passed with 71% of vote in 2006 and banned state benefits for undocumented persons

• Measure 26-228 in Portland, Oregon
  • Championed by Coalition of Communities of Color (Unite Oregon, Latino Network, Muslim Educational Trust, Imagine Black, NAYA Family Center, Pacific Islander & Asian Family Center, LWV Portland, etc.
  • Expands City Council - Creates four City Council districts with three councilors each and ends City Councilmembers managing day-to-day city services and operations.

• Emancipation on the Ballot
  • 5 states (OR, TN, AL, LA, and VT) considered proposed state constitutional amendments asking voters whether to abolish slavery
  • Passed in 4 states. LA voters will try again with a revised ballot measure.
  • NAACP Legal Defense and Education Fund explains why slavery is still legal in over a dozen states and permitted under the US constitution
    • Why Slavery is Still Legal in America – And How Voters Can Take Action (naacpldf.org)
    • Congress considering amendment to 13th Amendment
  • Alabama Citizens for Constitutional Reform worked to pass AL’s new constitution that removed slavery as well as multiple racist provisions
  • Nonprofits will continue to play vital role in implementing these laws

• Michigan Proposal 3 (aka Reproductive Freedom for All Proposal)
  • Establishes new independent right to reproductive freedom in state constitution and invalidates conflicting state laws
  • Allows state to regulate abortion after fetal viability, but not if abortion is necessary for patient’s physical or mental health
  • Supported by Planned Parenthood Advocates of Michigan, ACLU of Michigan, Michigan Voices, and others
  • Similar wins in California and Vermont. VT’s Proposal 5 won with 72% of the vote! Abortion rights now enshrined in VT constitution. It was supported by groups like ACLU of VT, LWV VT, Alliance for a Better VT and more.

• Michigan Proposal 2 (Expanding Voting Access)
  • Championed by ACLU of Michigan, NAACP Michigan State Conference, and League of Women Voters of Michigan
  • Changes voting policies in Michigan, including requiring nine days of early voting, authorizing absentee ballot drop boxes, and allowing voters without photo ID to sign an affidavit verifying their identity.

• DC Initiative 82
  • Championed by DC Committee to Build a Better Restaurant Industry, National Center for Lesbian Rights, DC for Democracy, National Employment Law Project
  • Once again the voters are eliminating the sub-minimum tipped wage, and all servers and bartenders that were under this system will be moved into full minimum wage over the course of the next few years.

Resources

• • Ballot Measures and Public Charities: Yes, You Can Influence that Vote
  • Ballot Measures and Recalls: Basic Rules for 501(c)(3) Public Charities, 501(c)(4)s, and Unions
  • Being a Player: A Guide to IRS Lobbying Regulations for Advocacy Charities
  • Foundations and Ballot Measures
  • Bolder Advocacy’s TA hotline: 866-NP-LOBBY
  • Email us at [email protected]
  • Our website is org

Following the 2022 midterm elections, nonprofits can work with newly elected officials on policies to advance their communities’ missions and policy agendas. That transition advocacy is the focus for most of the country, but in Georgia voters have 3 more weeks of non-stop political ads, commercials, texts and direct mail to look forward to thanks to a December 6th runoff election for US Senate. On this episode we discuss the special rules for the Georgia runoff, and what the rest of the country’s nonprofits can do in the transition period to get a jump on 2023.

Our attorneys for this episode

Leslie Barnes

Natalie Ossenfort

Tim Mooney

Show Notes

Georgia’s Runoff, Other States’ Recounts, & Contests

How can nonprofits navigate the post-election space, in states where vote totals are not yet finalized and in Georgia, where voters are facing a run off election in under one month? What can nonprofits do in these states?

• GA still has candidates
• GA's new election law
  • SB202 made some key changes
  • Earlier vote (Dec 6)
  • Cannot register new voters
  • Shorter early voting period (5 days)
• Opportunities for (c)(3)s
• Opportunities for non-(c)(3)s
• Activities in your personal capacity
• Ballot curing
• Recounts & Contests

Transition Advocacy

• 501(c)(3) public charities can build relationships with newly elected officials and their staff to amplify the organization’s mission and advance community’s policy priorities
  • Congratulate or acknowledge those who won their elections
  • Introduce newly elected officials to your organization’s mission / issues, remind them of campaign promises
  • Make budgetary or legislative requests (could be lobbying – IRS & state lobbying disclosure)
  • Recommend people for appointed boards and commissions
  • Take care not to take credit for victory or “flipping the state”
  • Can discuss how (c)(3)s registered “x” number of voters
  • Can discuss how (c)(3)s increased voter turnout
  • Identify likely allies
• 501(c)(3) public charities can lobby a limited amount.
• Lobbying is defined as activities designed to influence legislation, for IRS purposes.
• 501(c)(4) social welfare groups can lobby an unlimited
• Private foundations cannot lobby without incurring a steep excise tax, but they can engage in the following non-lobbying activities:
  • Congratulate newly elected officials
  • Hold elected officials accountable
  • Schedule meet-n-greets
  • Share funding interest
  • Share foundation’s mission
  • Build relationships
  • Influence executive orders, rules, regulations (not IRS lobbying, but could trigger state lobbying disclosure)
  • Join us for future episodes of funding advocacy AND direct advocacy

Advocating on Executive Orders

• Don’t involve legislative action, therefore NOT IRS lobbying (could be lobbying under state disclosure laws)
• Safe for 501(c)(3) public charities and private foundation alike
  • Whitmer’s establishment of the Michigan’s Parent’s Council as an advisory body to the state Department of Education
  • Biden’s directives to HHS to help lower prescription drug costs

Resources

• Can We Really Say That: Post Election Advocacy for 501(c)(3) Organizations.
• Can We Say That?- Georgia Runoff 2022 Edition
• Transition Team Advocacy
• Private Foundations May Advocate
• Bolder Advocacy’s TA hotline: 866-NP-LOBBY
• Email us at [email protected]

On this edition of the pod, we conclude our three-part series on nonprofit election advocacy and focus on post-election advocacy activities. After election day there are a wide array of opportunities to protect voters and the election itself. Whether it’s working with state and local officials to ensure that all ballots are counted or litigating potential violations of state or federal election-related laws, nonprofits have a big role to play in the days following November 8, 2022.

Our attorneys for this episode

Leslie Barnes

Tim Mooney

Natalie Ossenfort

Shownotes

• Reminder: 501(c)(3)s cannot support or oppose candidates
• Nonpartisan motivations to advocate in contested elections
  • Proper administration of the election under the law
  • Ensuring all legal votes are counted
  • Protecting the will of the electorate/upholding democratic principles
  • No IRS guidance on this, but it’s consistent with approved pre-election and election days advocacy
• Example: Litigation
  • Brennan Center’s work in 2000
    • Amicus brief in Bush v. Gore
    • Partisan and nonpartisan interests can legally coexist
    • While the Brennan Center argued for the same thing as the Gore campaign, its work was still nonpartisan because the arguments were centered on voters’ fundamental constitutional rights and not the partisan interests of the campaign.
  • Other examples
    • 2020 example
    • Common Cause’s work in the Georgia gubernatorial election in 2018
    • Michigan Welfare Rights Organization v. Donald Trump in 2020 - filed by NAACP Legal Defense and Education Fund (c3) and NAACP (c4) for violating the Voting Rights Act and the Ku Klux Klan Act
  • What kinds of advocacy are available to nonprofits following election day?
    • Administrative advocacy, including advocacy around secretary of state certifications of the winners, and the process of counting of ballot (depending on state, may qualify as lobbying that triggers registration)
    • Ballot chasing and curing. If a voter submits a ballot that fails to meet requirements under state law (i.e. stray marks, wrong envelopes, their signature doesn’t match the one on file, etc.), there may be a role that nonprofits can play to help those voters fix the problem within the time limits set by state law (check out practical guidance voter assistance series for additional details about state laws related to ballot chasing and curing activities) - educate voters on how to track their own ballots
    • Protests and other public gatherings, demanding proper administration of all ballot counts and fidelity to election procedures under the law. 
    • Direct advocacy to members of legislative bodies or governors when they are making decisions that are critical to the disposition of an election. This includes lobbying for emergency legislation to keep polls open or allow absentee voting to be extended, calls for oversight, in the event of natural disaster, following Ian and Fiona. Superstorm Sandy Impacted the 2012 Presidential election.
    • 501(c)(3)s can do any of these things for nonpartisan motivations
    • 501(c)(4)s and other nonprofits can do these things with nonpartisan motivations, or with partisan reasons (tax law limits how much). Election laws dictate the rest.
  • 501(c)(3)s can work in coalitions with other nonprofits that are doing nonpartisan motivated work
  • Each state will have different deadlines for election certification – remember that calls to “stop the count” or anything else to hinder the proper administration of the vote prior to that date are anti-democratic acts and nonprofits can take a role in defending against these cynical tactics.

Resources

• What Nonprofits Can Do in a Contested Election
• The Connection
• Accountability Advocacy for 501(c)(3)s
• 501(c)(3) Contact with Parties and Candidates Concerning Election Protection Efforts
• Practical Guidance: Voter Assistance and Lobbying Series
• Bolder Advocacy’s technical assistance: 866-NP-LOBBY or email us at [email protected]

On this episode, we tackle election days advocacy. We intentionally say “days” since many states offer vote by mail or early in-person voting well before election day. This means that voting doesn’t just happen on election day itself, even though the election is on November 8th this year. We talked about the role nonprofits can play leading up to this period a few weeks ago — on this episode we talk about their big role in helping people vote during this "election days" period.

Attorneys for this Episode

• Leslie Barnes
• Tim Mooney
• Victor Rivera

Why should 501(c)(3)s do this work?

• 501(c)(3)s are trusted messengers.  
• Educate your community and constituents about their different voting options. 

Rules for nonpartisan voter engagement

• No supporting/opposing candidates
• Other rules will vary by states and sometimes even counties

Types of nonpartisan voter engagement on "voting days"

• Voter education
  • What to expect going to the polls
  • Polling locations
  • Proper document/ID required for voting
  • Vote by mail education or absentee voting
  • Setting expectations for results
• GOTV
  • Facilitate voting by offering rides to polls (ex. Souls to the Polls)
  • But check state laws.
  • Absentee voting, line warming, what can be worn inside polling places
  • providing childcare or identify childcare services
  • Translation of voting materials for non-English readers. 
  • Social media messaging
  • Text banking, etc. etc.
• Election protection
  • Provisional ballots
  • Be a poll worker, poll monitor or staff voter protection hotlines in your community.
  • 866-OUR-VOTE is probably the most well-known election hotline in the NP community.
  • Educate on misinformation and voter intimidation.
• Litigation
  • Example: Texas Civil Rights Project. Stopped voter “purges” that would have affected many naturalized citizens. https://www.bolderadvocacy.org/story/legal-advocacy-in-action-texas-civil-rights-project/
• Mobilize public support for safe and fair election

Private Foundations

• Private Foundations can fund all nonpartisan efforts (except you cannot earmark funds for voter registration drives without complying with additional rules) 
  • election protection litigation
  • poll monitoring
  • rides to the polls
  • supporting poll workers for everything they need on election days.
  • voter education messaging

Partisan work

• 501(c)(4)s-can do everything a c3 can do + they could do one of these activities in a partisan manner. 

Resources

• Nonprofit Voter Assistance Guides – 19 states
• Appendix B of Rules of the Game:  Permissible Nonpartisan 501(c)(3) and Partisan Campaign Contact on Voter Engagement and Protection Efforts 
• Voter Protection by 501(c)(3)s
• Voter Registration Deadlines by State (Vote.org)
• State Compendium of Election Worker Laws and Statutes (U.S. Election Assistance Commission) 
• Do you want to be a poll worker? Learn more here: https://www.powerthepolls.org/
• Election Protection https://866ourvote.org/

On this episode, we’ll discuss how different types of tax-exempt organizations can ensure the right to vote is protected by engaging in election protection activities and assisting voters at the polls. and potentially afterwards. Whether it’s poll monitoring, ballot curing, staffing an election protection hotline, or providing rides to the polls, we'll discuss the rules that apply to 501(c)(3)s and 501(c)(4)s so that your organization can ensure that all eligible voices are heard this election season. 

Attorneys for this episode  

• Tim Mooney  
• Natalie Ossenfort 
• Quyen Tu 

Shownotes 

• Poll watching / observing 
• Litigation 
• Rides to Polls 
• Ballot chasing and curing 
• Poll monitoring 
• Count monitoring 
• Voting education 
• Nonpartisan activity
  • No support or opposition of candidates
  • Facts and Circumstances
  • Follow FEC rules if federal candidates on ballots (no incentives for voting or registering to vote) 
• State law often adds layers of complexity here – be sure to know what is allowed in your state
  • Ohio: must stay outside 100ft no-solicitation permitter when line warming
  • Michigan: strict rules related to hiring a car to provide rides to the polls (effectively prohibited unless voter unable to walk)
  • CO / TX: strict rules that apply when you want to hand out and collect voter registration applications
• Voter Assistance Series (AZ, CA, CO, FL, GA, IL, Maine, Michigan, Minnesota, Nevada, New Hampshire, New Mexico, NY, North Carolina, Ohio, Pennsylvania, TX, Virginia, Wisconsin)
  • Voter Registration Rules
  • Vote by Mail Rules
  • Correcting errors on absentee ballots (ballot curing)
  • Rides to Polls Rules
  • Line Warming Activities  
  • Poll Watching
  • What about selfies? 
• Partisan Voter Protection
  • Ballot Chasing and Curing can be done with a partisan focus (for instance, only trying to cure votes of one party, litigating on behalf of a candidate)  
  • Off limits for c3s, which must engage in nonpartisan advocacy ONLY 
  • Ok for c4s but counts as secondary activity 

Resources Practical Guidance – Voter Assistance Series, released in partnership with the Democracy Capacity Project  Rules of the Game – Guide to Election Related Activities for 501(c)(3)s  Election Checklist for 501(c)(3)s Combating Voter Suppression & Election Subversion