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State of Advocacy: Legislative Update
Jun 24, 2026
Unknown duration
How Philanthropy is Meeting the Moment
Jun 10, 2026
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Individual Activity in Election Season
May 27, 2026
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Commenting on Candidates
May 13, 2026
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Candidate Appearances
Apr 29, 2026
15m 32s
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| Date | Episode | Topics | Guests | Brands | Places | Keywords | Sponsor | Length | |
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| 6/24/26 | ![]() State of Advocacy: Legislative Update | 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 laws or national security-style frameworks applied to civil society. Attorneys for this episode Maggie Ellinger-Locke Susan Finkle Sourlis Natalie Ossenfort Shownotes Overview · This year, 46 states plus DC held legislative sessions. · We tracked roughly 1,000 bills that could impact nonprofit advocacy. · Of those bills that have now become law, almost half relate to state campaign finance and / or ballot measure processes. · Perhaps the biggest story of the 2026 legislative session is the expansion of laws that borrow concepts from national security and apply them to nonprofit advocacy. New Campaign Finance Laws · Louisiana increased the threshold triggering disclosure for certain campaign contributions. · West Virginia now not only prevents the public disclosure of certain contributor information, but also created a new criminal penalty for violations of the disclosure prohibition. · Kansas eliminated the requirement for political committees to disclose the names of vendors when reporting disbursements New Ballot Measure Procedures · Ballot measure legislation accounted for 20% of the bills we monitored, about 350 pieces of legislation. Here, we saw 22 laws enacted across 13 states plus DC. · Both Wisconsin and Utah now require signature gatherers to be at least 18 y.o. · New York now requires legislators to draft questions at an 8th grade reading level or below, and Maryland did something similar. · South Dakota eliminated the requirement to place ballot measures on a separate ballot from candidate elections. · In Missouri, voters will decide this August whether to approve a change to that state's ballot measure procedures. Currently, in order to pass, measures need a simple statewide majority, but under Amendment 4, a majority in all eight of the state's congressional districts would be required. New Lobbying and Ethics Laws · This type of legislation constituted about 13% of all bills we tracked. · In Minnesota, certain lobbying communications conveyed to the public must now include a disclaimer to identify the lobbying principal, who is responsible for the communication. Laws Related to Law Enforcement Presence at the Polls and Voting · Legislation was enacted in California, Maryland, New Mexico, and Connecticut to restrict law enforcement presence at the polls. · The new Connecticut law also removed the statutory list of reasons required to vote absentee, effectively allowing no-excuse absentee voting. It also permits 17-year-olds who will be 18 by election day to vote early or by absentee ballot. · Kansas moved up the deadline for early voting. · Mississippi now requires ballot counting to be finalized on the night of the election.[SS1] [ME2] Foreign Influence Laws · We made note of 89 such bills filed across 26 states and 12 laws enacted across seven states. · Florida enacted a domestic terrorist organization (DTO) designation framework that will allow the state to designate certain groups as terrorist organizations and then criminalize any support those groups receive from that point forward. · In Indiana, a new law authorizes the designation of domestic groups and individuals as "affiliates" of federally designated foreign terrorist organizations. The same law creates new investigatory powers for the state AG. · Other foreign influence laws we saw enacted this session come out of Alabama, Iowa, Nebraska, and Oklahoma, all of which seek to curb the flow of money into elections from overseas. Takeaways & Reminders · Many of the most significant experiments in regulating nonprofit advocacy are now occurring at the state level. · Compliance teams should continue to update and refine their review processes to ensure any obligations that could be triggered by state-specific rules are being met. · Remember that states differ on when and whether a ballot measure committee must register, what counts as a contribution or expenditure, when disclaimers are required, and what donor disclosure rules apply. These rules are in active evolution. · When it comes to foreign influence or terrorist designation laws, states are increasingly willing to experiment with new regulatory frameworks. · It is critical to stay informed about developments in your state and remain vigilant to ensure your nonprofit is flexing its advocacy might to the fullest extent possible under the law. | — | ||||||
| 6/10/26 | ![]() How Philanthropy is Meeting the Moment | 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. Matthew has more than 14 years of public policy, government relations, and external affairs experience. Before joining the Forum, he was Director of Public Policy & Special Projects for the Southeastern Council on Foundations in Atlanta, where he worked to ensure the legislative and regulatory success of the philanthropic sector in the South. He currently serves as the staff lead for the Forum Public Policy Committee and is a member of the Nonprofit VOTE National Leadership Council. Welcome again, we are thrilled to have you joining us! Could you start off by giving our listeners an introduction to the United Philanthropy Forum and your great work? Can you explain what a philanthropy infrastructure org is? (How has the sector evolved) We were lucky to be presenters at Foundations on the Hill this year, can you tell the listeners a bit about what that is, what you are trying to achieve, and how it went this year? What would you recommend for foundations that want to get more involved with policy work like this? This year / Current threat environment: What is the biggest hurdle for funders and philanthropy infrastructure orgs this year? And what do you see as a biggest opportunity in the sector? What do you think is the most pressing thing for foundations to be funding in this moment, and do you think that aligns with the most pressing needs of the nonprofits this year? Do you have any advice for the public charities out there listening? What should they understand about funders and what they are looking for in this moment? What is your most aspirational goal for the philanthropic sector? Thank you so much for joining us …. We have a number of resources linked in the show notes for listeners who want to dive more into the world of philanthropy. Our focus on foundations hub on our website is a great place to start and we encourage you to check out our resources on how funders can effectively support advocacy through general support grants, project specific grants, and more. Resources Focus on Foundations Hub The Project Grant Rule 16 Grantmaking Characteristics to Effectively Support Public Policy Advocacy How Can Foundations Support Policy Change Foundation Advocacy Grants: What Grantees Need to Know Investing in Change: A Funder's Guide to Supporting Advocacy Philanthropy Advocacy Playbook | — | ||||||
| 5/27/26 | ![]() 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 | — | ||||||
| 5/13/26 | ![]() Commenting on Candidates | 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 advance your mission. Shownotes Basic rule: 501(c)(3) organizations are prohibited from supporting or opposing candidates for public office, which means that their advocacy and actions have to remain nonpartisan. · Black and White: 501(c)(3)s can't endorse candidates, and they can't explicitly tell people who not to vote for. On the other hand, nonprofits can emphasize the importance of voting in a nonpartisan way, and they can continue to educate voters about issues core to their missions without suggesting who people should vote for in an upcoming candidate election. · Shades of Gray: IRS utilizes a facts and circumstances analysis to determine whether a nonprofit's communication is permissible or a violation of the tax code's electioneering prohibition for 501(c)(3)s. While not an exhaustive list, some facts and circumstances the IRS might consider include… o Timing of the communication o Targeted audience o How the message relates to what candidates and political parties are saying, and more! · The IRS has also indicated that messaging that includes distorted facts, disparaging language, or statements not aimed at developing the audience's understanding of a mission-related issue can indicate a violation of the law. Commenting on Candidates and Campaigns · No clear guidance from IRS on how to do this safely, but based on the required facts and circumstances analysis, best practices could include: o Focusing on what was said (the issue), not who said it (the candidate) o Avoiding discussions about candidate qualifications or whether someone is a good or bad candidate o Scripting responses before talking to reporters or the public (since you may very well get a question related to the election and who people should vote for) o Avoiding comments about a candidate's record or personal characteristics o Avoiding references to voters and the upcoming election o Not comparing your position on an issue to where the candidates stand on that issue · Remember: It is permissible to monitor what candidates say and do so that you can prepare for the future. o The risk arises for 501(c)(3)s when they communicate in a way that could be perceived as attempting to influence the outcome of a candidate election. · Examples[NRO1] : o "What if Candidate X states during a candidate debate that "our community's water quality meets all safety standards." Can a local environmental justice 501(c)(3) correct the record if that statement is false? § Yes. The organization could clarify that the claim is inconsistent with recent state water quality reports. It could then point to publicly available testing data. § The key is to avoid discussing the particular candidate who made the statement and instead to focus on the issue itself. Use this as an opportunity to educate the public on issues core to your mission. § To minimize risk, avoid mentioning the candidate by name, issue disclaimers (reminders that you are a 501(c)(3) and that you do not support / oppose candidates for public office), and focus on issues in alignment with the organization's mission. Commenting on the Actions & Statements of Incumbents · 501(c)(3) public charities can criticize or praise the votes and official statements of current government officials. Best practices include: o Focus on official actions only (without mentioning if an incumbent is up for reelection) o Time communications to coincide with policy actions (as opposed to increasing praise or criticism in the days leading up to the election). o Have a track-record of working on the issue, and make sure it's central to your mission. o Include commentary on legislators and other government officials who are NOT up for reelection. If you focus solely on the actions of incumbents running for office, that can raise a red flag. o Use nonpartisan criteria when deciding on which official actions and statements to call out and respond to. o Exercise particular caution when commenting on an issue position that clearly distinguishes candidates in an upcoming election. · Example: o What if a mayor in a 501(c)(3)'s jurisdiction decides to support funding cuts to programs that provide housing to the unhoused and services for housing-insecure community members? Can the 501(c)(3) public charity chime in? § Yes. A 501(c)(3) could issue a press release criticizing the mayor's statement in support of funding cuts and urge the city to restore services where needed. § The charity would want to have a history of working on related issues to ensure the statement is in alignment with its mission and history of advocacy. § It would also want to avoid mentioning any upcoming elections or noting that the mayor is up for re-election. § In addition, it's important for the organization to comment on the official statement and action immediately, as opposed to waiting until just before candidate elections occur. Resources · Rules of the Game: Guide to Election-Related Activities for 501(c)(3)s · Sample 501(c)(3) Organizational Policy for Election Season · Praising and Criticizing Incumbents (Factsheet) · Commenting on Candidates and Campaigns (Factsheet) | — | ||||||
| 4/29/26 | ![]() Candidate Appearances✨ | candidate appearancesnonpartisan education+3 | Quyen TuVictor Rivera+1 | Bolder Advocacy | — | candidate appearancesc3 organizations+3 | — | 15m 32s | |
| 4/15/26 | ![]() Ballot Measure Advocacy✨ | ballot measuresdirect democracy+3 | Susan Finkle SourlisTim Mooney+1 | Bolder AdvocacyBallotpedia | — | ballot measuresdirect democracy+3 | — | 21m 58s | |
| 4/1/26 | ![]() Ask Us Anything✨ | nonprofit advocacyvoter registration+3 | Tim MooneyNatalie Roetzel Ossenfort+1 | 501(c)(3)ICE | — | nonprofitadvocacy+3 | — | 22m 21s | |
| 3/18/26 | ![]() Legislative Update✨ | legislationnonprofit advocacy+3 | Maggie Ellinger-LockeSusan Finkle Sourlis+1 | Bolder AdvocacyGeorgia's SB 586 | United States | legislationnonprofits+5 | — | 16m 57s | |
| 3/4/26 | ![]() Litigation Update✨ | litigationtax-exempt organizations+3 | Emma Olson Sharkey | Elias Law GroupFreedom Path, Inc.+7 | MontanaFlorida | litigation updatetax-exempt organizations+3 | — | 27m 56s | |
| 2/18/26 | ![]() College Athletics, NIL and Nonprofits✨ | college athleticsnonprofits+5 | Tim MooneyVictor Rivera | NCAAHouse v. NCAA+3 | — | NILnonprofit colleges+5 | — | 17m 28s | |
Want analysis for the episodes below?Free for Pro Submit a request, we'll have your selected episodes analyzed within an hour. Free, at no cost to you, for Pro users. | |||||||||
| 2/4/26 | ![]() Ask Us Anything: Voter Registration✨ | voter registrationnonprofit advocacy+3 | — | 501(c)(3) nonprofits | — | voter registrationnonprofit+3 | — | 21m 23s | |
| 1/21/26 | ![]() Public Charities Can Lobby!✨ | lobbyingnonprofits+4 | — | Movement Advancement Project | Vermont | lobbyingpublic charities+5 | — | 17m 34s | |
| 1/7/26 | ![]() 2026 Resolutions✨ | nonprofit advocacyNew Year's resolutions+3 | — | National Council of Nonprofits | — | nonprofitadvocacy+3 | — | 14m 30s | |
| 12/24/25 | ![]() Celebrating Advocacy Wins✨ | advocacynonprofits+3 | Maggie Ellinger-LockeSusan Finkle Sourlis+1 | Washington Low Income Housing AllianceThe Women's Foundation of Colorado+1 | WashingtonColorado+1 | advocacy winsnonprofits+3 | — | 15m 06s | |
| 12/10/25 | ![]() Nonprofits Under Siege: Don't Panic, Prepare! | In recent months, the threats facing nonprofit organizations have continued to develop at a furious pace. In the face of challenges like funding reductions and congressional investigations, nonprofits are taking the time to shore up their defenses and prepare for what's to come. On this episode, we'll discuss several recent events that have the sector talking so that your nonprofit can take the steps necessary to ensure your continued ability to boldly advocate on behalf of your communities. Attorneys for this episode · Brittany Hacker Leonard · Tim Mooney · Natalie Ossenfort Shownotes · In recent months: o Federal Executive Orders & Memos: § March 7: EO entitled "Restoring Public Service Loan Forgiveness", which makes employees of organizations with a "substantial illegal purpose" ineligible for public service loan forgiveness benefits. · "Targets orgs supporting terrorism and aiding an dabetting illegal immigration" § August 28: EO entitled "Use of Appropriated Funds for Illegal Lobbying and Partisan Political Activity by Federal Grantees", where the President directs the Attorney General to investigate whether federal grant funds are being used to support lobbying initiatives. § September 25: National Security Presidential Memorandum (NSPM-7)+ Sept 22 EO designating Antifa as domestic terrorist org: designating domestic groups as terrorist orgs. o Congressional Oversight (Letters and Hearings): § October 6: Ways and Means Committee Letter to IRS requesting investigation of specific nonprofits and revocation of their tax-exempt status § October 28: Letter sent to three 501(c)(3) foundations regarding their compliance with nonprofit tax law § November 5: Letter sent to the Environmental Protection Agency regarding its funding of "far-left" organizations via the Greenhouse Gas Reduction Fund § Check out the International Center for Not-for-Profit Law's congressional investigations tracker for additional examples. o State-Level Actions: § Texas: November 18 Executive Order designating certain organizations "foreign terrorist organizations", barring them from purchasing property in the state. · Stay alert: o Be on the lookout for new state laws related to foreign contributions to ballot measures. At least 19 states have enacted bans on contributions from foreign nationals to ballot question efforts, nine during the 2025 legislative session alone. o Expect a possible uptick in I-9 (Employment Eligibility Verification) Enforcement. Employers are required to timely and properly complete and retain Form I-9 for each employee they hire. · What you can do: o Don't fall for the sternly worded "Letters to Santa" by Members of Congress. o Conduct a compliance self-assessment with AFJ Bolder Advocacy's "Advocacy Check-Up" tool. o Take advantage of the Nonprofit Legal Defense Network (created in partnership with We The Action). o Brush up on federal and state election season advocacy rules in advance of the 2026 Midterms, and adopt an election season advocacy policy for signature by staff, board members, and volunteers. o Lobby against legislation that would create new barriers to your nonprofit's advocacy. Just remember to stay within your public charity lobbying limits. o Go on the offense. o Reach out to AFJ's Bolder Advocacy team for free technical assistance. Resources · Break in Case of Panic! hub · Preparing for Politically Motivated Attacks on-demand webinar · How Nonprofits Can Fight Back Against Trump's Harmful Executive Orders blog · Advocacy Check-Up: compliance self-assessment tool for 501(c)(3) public charities · Nonprofit Legal Defense Network | — | ||||||
| 11/26/25 | ![]() Giving Thanks | On this episode, we gather around the virtual table and share three success stories for nonprofit advocacy that may help to put a smile on your face and give you something positive to reflect on, in a year that could use a lot more of that. Attorneys for this episode · Tim Mooney · Quyen Tu · Sarah Efthymiou Shownotes UNIDOS MN Action and the power of advocacy · Driver's licenses for undocumented people revoked in MN 2003 · The 2022 change in political landscape that set the stage · The work led by UNIODS MN Action to pass HF4 · The outcome - tens of thousands of people can now drive legally—no more choosing between getting to work and risking their family's stability · Emilia González Avalos, one of the key leaders of UNIDOS MN, handed us an officially signed copy of the bill · She said they wanted me to have it because the legal strategy support from Bolder Advocacy on (c)(4)s gave information and confidence for UNIDOS MN Action up and running and that mattered in getting this win Heinz using PRG hub to give out specific project grants Summer of 2023, launched with support from Robert Wood Johnson F Our explainer videos provide a clear and concise overview of how the PGR works and how private foundations (and their grantees) can take advantage of it. Our factsheets provide more in-depth information on the PGR and explain how to use our new PGR budget templates. Our budget templates help foundations and grantees ensure that when a grant applicant submits a project budget, it meets the requirements of the PGR. Earlier in the year, a foundation staff was on a conference panel and blatantly said foundations can't lobby. A similar occurrence happen when our colleague attended Foundations, both private and public, have us train their staff on understanding the rules and addressing their specific concerns Response from Legal Community · NLDN: collaboration between AFJ & We the Action – to empower NPs to withstand challenges, e.g., audits and attacks on TE status; legal clinics · State AGs: joined forces w/NPs (NCNP, etc.) to challenge funding freezes | — | ||||||
| 11/12/25 | ![]() Election Season Prep | Whether it be local elections or picking a new president, election season seems to always be lurking around the corner, so on today's episode we're unpacking what it means for 501(c)(3)s to remain nonpartisan and how these nonprofits can safely engage in several different types of advocacy during election season. Attorneys for this episode Monika Graham Melissa Marichal Zayas Sarah Efthymiou Remaining Nonpartisan: The rule is clear: 501(c)(3) organizations cannot engage in any activity or make statements that suggest support or opposition to political parties, candidates, or groups of candidates running for public office, including those not affiliated with a specific political party. However, the definition of what counts as "nonpartisan" remains somewhat unclear. The IRS uses a "facts and circumstances" test to determine whether a charity's communication and/or activity is truly nonpartisan or a disguised attempt to influence an election. The IRS considers whether the communication and/or activity: identifies candidates compares a candidate's position on issues important to the organization with the organization's positions on those same issues expresses approval or disapproval of a candidate's position or actions is delivered close to an election, references voting, focuses on issues that distinguish candidates is part of an ongoing series of communications independent of election timing or coincides with non-electoral events like legislative hearings on pending bills DO: Keep your focus on issues, not elections. Continue mission-related issue advocacy but avoid suggesting how people should vote. Educate voters. Provide nonpartisan facts, resources, and information about voting without mentioning or implying support for candidates or parties Host candidate forums or publish questionnaires: Invite all viable candidates and give each candidate an equal opportunity to participate Ensure questions are neutral, related to your charitable purpose, and cover a broad range of issues Share responses verbatim and without commentary Register voters and encourage turnout (GOTV) in a nonpartisan manner — serve everyone equally, regardless of political affiliation. Remember, there are special rules for private foundations Document everything. Keep records showing how you designed and implemented your activities to avoid partisanship. Develop a track record of similar advocacy in non-election years Train staff and volunteers they understand what's allowed and what's off-limits during election season Separate personal and organizational activities. Staff and board members may support candidates on their own time, but not using organizational resources (e.g., name, email, office space, social media) Engage in ballot measure advocacy but remember to track and report this activity as lobbying if expressing a view on the measure and trying to influence the vote Meet with the candidates, educate them about your organization's work, and try to influence their platforms, while ensuring that you provide the same or equivalent information to every candidate DON'T: Endorse, oppose, or rate candidates — directly or indirectly Use "code words" (e.g., "vote pro-life," "support progressive values," "throw out the incumbents") that imply candidate support or opposition Time issue advocacy communications to coincide with elections if the message could be seen as favoring one candidate's position. Publish or share candidate statements selectively or with commentary that signals approval or disapproval Use organization funds, staff time, or materials for any partisan campaign activity Let candidates use your events, publications, or platforms for campaign purposes. Coordinate messaging with a candidate or you could also trigger campaign contribution restrictions under federal election law Resources: Rules of the Game: A Guide to Election-Related Activities for 501(c)(3) Organizations Seize the Initiative: A Legal Guide on Ballot Measures for Nonprofits and Foundations Being a Player: A Guide to the IRS Regulations for Advocacy Charities Keeping Track: A Guide to Recordkeeping for Advocacy Charities Running the Advocacy Race: Bolder Advocacy's Top Resources for an Impactful 2024 Election Season | — | ||||||
| 10/15/25 | ![]() SCOTUS Term Preview and Advocacy for 501(c)(3)s | It's fall, it's October and the US Supreme Court is back in session. On today's episode, we have a special guest from the AFJ Justice team. We are joined by our colleague Jamal Lockings. With Jamall we will cover the big cases to be heard by the court. Then we will talk about how nonprofits can get involved with supreme court advocacy, nominees, and more while staying nonpartisan and being mindful of lobbying limits. Attorneys for this Episode Brittany Hacker Susan Finkle Sourlis Jamaal Lockings Intro to Justice Program Our justice team works on both federal and state judicial appointments and elections and runs numerous invaluable resources including our judicial vacancy tracker and helps keep us and the public informed about nominees. This includes the decisions they make after they've been confirmed, and how cases in federal courts – especially the supreme court – are impacting our civil rights and democracy. Today, we are thrilled to be joined on the pod by our friend and colleague Jamaal Lockings. Jamaal is a fellow attorney who serves as a Dorot Fellow on the Federal Courts team. Today we want to talk about the upcoming cases in this supreme court term, what we should be keeping an eye on, the potential impacts for our c3 partners, and what nonprofits can do during this term and future terms to advocate. Cases to watch out for this term Voting Rights and Money In Politics Louisiana v. Callais Issue: Whether a states efforts to comply with the VRA is, in itself, a form of racial discrimination (1) Rehearing from last term (2) The Court is playing politics (3) the VRA is on the chopping block Consequences: A final blow to the VRA, and increased difficulty for minority voters to participate in free and fair elections National Republican Senatorial Committee v. FEC Issue: Whether to maintain the federal limits on political party coordination w/ candidates in campaign advertising. (1) Could render campaign contribution limits meaningless, increasing the already outsized influence of money in politics (2) These cases on elections and voting rights can't be observed in a vacuum LGBTQ+ Chiles v. Salazar Issue: Whether Colorado's ban on "conversion therapy" for minors violates First Amendment protections of free speech and religious exercise (1) Religious litigants have been notoriously successful in this court (2) free speech and religious exercise have been used not to ensure equity or equality but to prop up Christian nationalist ideology. West Virginia v. B.P.J. Issue: Title IX and barring Trans athletes (1) This court continues to wade into culture wars (2) It's ruling in Skrmetti and Justice Barrett's assertion that Trans isn't a protected states (3) Embolden lawmakers to continue to write oppressive laws against trans individuals Executive Power & Civil Liberties Trump v. Slaughter Issue: whether statutory removal protections for members of the FTC – and agencies like it – "violate" the separation of powers. (1) The Court's emergency orders this summer (2) growing belief in the unitary executive theory (3) Likely to overrule Humphrey's executor Consequences: Collapse of independent agencies and with it, governing stability. What c3s can do: Supreme court advocacy is nonpartisan—you are free to stand for or against cases before any court or get involved in the cases. Litigation at the supreme court: c3s are often the best voice and represent groups who otherwise would not be heard or could not bring such large scale cases Amicus briefs Educating the public about cases and impacts of opinions As you know c3 public charities may engage in lobbying and there are ways through lobbying that can affect the courts at the federal or maybe the state level Nominee advocacy—Advocate for or against nominees to supreme court (lobbying) Remember the lower district courts and circuit courts as well Remember the lobbying rules if you are a c3: must track and report your lobbying the IRS and stay within your lobbying limits. Great place for c4s to get involved because they can lobbying in an unlimited amount. Ethics advocacy—ask congress for more oversight or ethics rules (Lobbying if it will require a legislative vote). Resources Alliance for Justice, Being a Player Alliance for Justice, Confirmation of Supreme Court Justices Alliance for Justice, Judicial Nominee Tracker Alliance for Justice, Supreme Court Reform | — | ||||||
| 10/1/25 | ![]() Back to Basics: Comparing Tax-Exempt Organizations | With school back in session and fall in the air, it's the perfect time to get back to basics on the Rules of the Game podcast. On today's episode, we'll review how the advocacy rules differ across the various types of tax-exempt organizations, including 501(c)(3)s, 501(c)(4)s, and PACs. Whether you're a seasoned advocate or just starting out, understanding these fundamentals is crucial for crafting bold advocacy plans that maximize your capacity and comply with the appropriate rules. Join us for a quick refresher! Attorneys for this Episode Melissa Marichal Zayas Natalie Ossenfort Susan Finkle Sourlis Comparison of tax-exempt organizations There are many different types of tax-exempt organizations – our federal tax code offers 29 different types of tax exemptions to choose from! 501(c)(3)s 501(c)(3) organizations are tax-exempt, and donations to 501(c)(3)s are tax deductible. With this favorable treatment come some restrictions related to lobbying and election season advocacy. · Public Charities (including Community / Public Foundations) o Prohibited from supporting or opposing candidates for public office o Allowed to lobby so long as they stay within certain lobbying limits and use unrestricted dollars to pay for lobbying activities o May also conduct nonpartisan election-related activities including voter outreach, voter education, voter registration, etc. · Private Foundations o Prohibited from supporting or opposing candidates for public office o Effectively barred from lobbying due to a steep excise tax that applies to private foundation lobbying expenditures o Should also be aware of specific rules related to voter registration activities 501(c)(4) social welfare organizations, 501(c)(5) unions, and 501(c)(6) trade associations These organizations enjoy tax exempt status, but donations to them are not tax-deductible for the donor. However, they can engage in a wider array of advocacy activities than 501(c)(3)s. · They are allowed to lobby without tax code lobbying limits. · They can engage in some partisan political activity as a secondary purpose (for example, express advocacy). · When engaging in partisan activities, they need to be aware of campaign finance regulations and reporting thresholds. · At the federal level (and in most states), corporations - including tax-exempt organizations - are prohibited from making monetary or in-kind contributions to candidates or political parties. 527 – political organizations 527 political organizations include political parties; campaign committees for candidates running for federal, state, or local office; and federal or state political action committees ("PACs"). · The primary purpose of a 527 must be to engage in activities that influence the selection, nomination, election or appointment of an individual to a public office or an office in a political organization. · They do not generally engage in lobbying. Their lobbying expenditures may be subject to tax if the lobbying does not further political purposes. · There are many types of PACs, including traditional PACs and Super PACs. How can these organizations work together? Despite the different restrictions on lobbying and political activity, there are several ways to safely collaborate with organizations that have a different type of tax exemption. 501(c)(3) private foundations & 501(c)(3) public charities · Private foundations and public charities can engage in joint nonpartisan, non-lobbying activities, like public education campaigns. · Private foundations can also fund public charities, but they must ensure that they don't earmark any funds for lobbying. 501(c)(3) private foundations & 501(c)(4)s/501(c)(5)s/501(c)(6)s · Private foundations can also fund 501(c)(4)s, (c)(5)s, and (c)(6)s, but they must follow what are called the expenditure responsibility rules when granting to any non-(c)(3) organization. 501(c)(3) public charities & 501(c)(4)s/501(c)(5)s/501(c)(6)s · Public charities, including public and community foundations, can also collaborate with and fund (c)(4)s, (c)(5)s, and (c)(6)s. · Remember, your tax-exempt status follows your organization into any coalition work, so (c)(3)s must track any lobbying they engage in on behalf of or in support of the coalition and continue to stay within their lobbying limits. · All joint activities and campaigns must be nonpartisan, and any grants from a c3 to a c4 must prohibit the use of funds for partisan political activity. · The IRS will count the full grant from a c3 public charity to a c4 as a (c)(3) grassroots lobbying expenditure, unless the grant agreement explicitly prohibits the use of funds for lobbying or states what portions may be used for direct and for grassroots lobbying. 501(c)(4)s/501(c)(5)s/501(c)(6)s & 527 political organizations · 501(c)(4)s, and all other corporations, should avoid making monetary or in-kind contributions to a political organization or candidate. These types of contributions are prohibited in federal elections, as well as in most state and local elections. · However, 501(c)(4) corporations may establish a traditional federal PAC via a Separate Segregated Fund. o 501(c)(4) corporations may not contribute to this federal PAC or any other political organization, but they can pay for a connected SSF's administrative costs. o There are other special limitations for this type of PAC, including that it can only raise funds from the connected organization's bona fide members and its executive and administrative personnel and their families. Resources · Alliance for Justice, The Connection: Strategies for Creating and Operating 501(c)(3)s, 501(c)(4)s, and Political Organizations (See p. 11 for chart comparing tax-exempt organizations) · Alliance for Justice, Focus on Foundations · Alliance for Justice, An Introduction to PACs · Alliance for Justice, How to Fund a 501(c)(4) | — | ||||||
| 9/17/25 | ![]() Ballot Measures and California Redistricting | Ballot measures give voters a chance to participate in direct democracy while providing nonprofit organizations with a powerful platform to educate the public about issues they champion. In this episode, we discuss California's pending redistricting ballot measure and other developments in direct democracy with returning guest Emma Olson Sharkey. Attorneys for this Episode • Tim Mooney • Susan Finkel Sourlis • Emma Olson Sharkey, Elias Law Group The Importance of Ballot Measures · Ballot measures give voters direct power to shape laws and policies, bypassing legislatures. · For nonprofits, they're a powerful platform to educate the public and advance mission-driven issues. · Emma Olson Sharkey—partner at Elias Law Group and one of the nation's leading ballot measure experts—returns to share insights (last heard in ROTG 96). California's Prop 50: Mid-Cycle Redistricting · Background: California has an independent redistricting commission that drew maps in 2021 for the 2022 elections. · New twist: In response to Texas' recent partisan maps, Governor Newsom and allies pushed for mid-decade redistricting. · The ballot measure: Prop 50, passed by the legislature and signed by the Governor, will go to voters in a special election on November 4, 2025. Redistricting Through Ballot Measures · Ballot measures have long been used to reform redistricting across the U.S. · Examples: - Successful: Colorado (2018), Michigan (2018), Missouri (2020), Ohio (2018). - Unsuccessful: Ohio's most recent attempt. · Mid-cycle redistricting isn't new: Texas pioneered it in 2003 under Tom DeLay, and the playbook has returned in 2025. What Nonprofits Need to Know · 501(c)(3) Public Charities: May engage in ballot measure advocacy—it counts as lobbying. Key distinction: 'Vote yes/no on Prop X' = permissible lobbying; 'Vote for Candidate Y' = prohibited partisan activity. · Because Prop 50 is rooted in partisan battles, public charities must tread carefully and seek legal advice before weighing in. · Generally safe activity: nonpartisan voter engagement (e.g., get-out-the-vote drives, voter registration), but seek counsel especially around Prop 50. · 501(c)(4)s and Labor Organizations: Have far greater leeway—no cap on lobbying. But California's strict regulatory environment requires attention to registration and reporting obligations. Restricting Access to Ballot Initiatives · Since 2016, conservative legislatures have increasingly tried to restrict citizen-led ballot measures. · States in the spotlight: North Dakota, South Dakota, Wyoming, Missouri, Florida, Oklahoma, Arkansas. · Many proposals fail, but recent years have seen more succeed, especially in Florida and Arkansas. · Missouri is considering both mid-cycle redistricting and ballot measure restrictions in the same session. A Bit of Good News · South Dakota victory: A federal court struck down H.B. 1184's nine-month filing deadline for ballot measures as unconstitutional, reaffirming citizens' First Amendment rights. · Practical impact: Keeps the window open for grassroots groups to gather signatures and qualify measures. Resources Seize the Initiative: A Legal Guide on Ballot Measures for Nonprofits and Foundations — https://afj.org/wp-content/uploads/2020/04/Seize-the-Initiative-2020-2.pdf Being a Player: A Guide to the IRS Lobbying Regulations for Advocacy Charities — https://afj.org/resource/being-a-player-a-guide-to-the-irs-lobbying-regulations-for-advocacy-charities/ The Rules of the Game: A Guide to Election-Related Activities for Nonprofit Organizations — https://afj.org/resource/the-rules-of-the-game-a-guide-to-election-related-activities-for-nonprofit-organizations/ | — | ||||||
| 9/3/25 | ![]() State Advocacy | In today's episode, we're focusing on the topic of state advocacy, specifically exploring the vital role that nonprofits play in shaping policy and driving change at the state level, and how that role is increasingly coming under attack. We will discuss some of the landscape nonprofits are currently facing at the state level and provide actionable tips for organizations looking to amplify their impact. And we'll be sharing information about exciting new state resources that are in progress at Bolder Advocacy! Attorneys for this Episode Brittany Hacker Maggie Ellinger-Locke Sarah Efthymiou The Importance of State-Level Advocacy: · State policies have as much, if not more, impact on local communities, than federal policies · State-level advocacy can lead to significant changes in policies around funding, regulations, and services · What are some benefits of state-level advocacy by and for nonprofits? o Can help strengthen community ties and build relationships with policymakers o Can enhance the visibility and credibility of the organization o Can help mobilize supporters and volunteers around key issues o These policy advocacy opportunities really allow nonprofit organizations to engage in some of the nuts and bolts of movement building. Protecting Against State Legislative Attacks on Nonprofits: · "Laboratories of democracy," a1932 opinion by Justice Louis Brandeis. · That vision still holds, states can test bold reforms especially when federal progress stalls. · But some state legislatures are taking aim at civil society. · Today we're spotlighting four troubling trends: donor disclosure laws, "baby FARA" bills, charitable fundraising restrictions, and anti-DEI legislation. o Donor disclosure laws are framed as transparency measures—and in some contexts, transparency matters. We support campaign finance disclosure, where voters have a right to know who's funding elections. But these bills chill speech and participation. Donor privacy protects safety, not secrecy. o Baby FARA bills have been introduced in 19 states and enacted in a few. These laws cast suspicion on global philanthropy and research partnerships, even when no government is involved. And it's worth noting that the original FARA was passed in the 1930s to curb Nazi propaganda. Today, its logic is being flipped and weaponized against anti-fascists and transnational justice efforts. o Charitable fundraising restrictions limit who nonprofits can fundraise from. These are written so broadly they sweep in international aid, scientific collaboration, and humanitarian partnerships. These restrictions are framed as national security—but they risk cutting off essential support for nonprofits doing global work. o Anti-DEI laws have been introduced or passed in more than 30 states, targeting diversity, equity, and inclusion efforts, especially in public universities and government agencies. These billsreflects a broader effort to delegitimize inclusive values and restrict the space for nonprofits to advance justice. · Federal politics dominate the headlines. But the real action is in the states. These policies shape what's possible for your work every day. Offensive State Advocacy · Funding at the State and Local level: Advocate for nonprofit funding from state and local budgets. Fund nonprofits and research that may have been cut at the federal level o Advocating for this funding in budgets will count as lobbying · Lobby for protections greater than the federal level: lobby for legislation to protect interests that the federal government has attempted to limit through executive order or supreme court cases o Trans health care access for youth—SCOTUS allowed Tennessee to ban trans youth health care, but the Court did not ban trans youth healthcare nationally—states with progressive legislatures can enact protections for trans healthcare and can make themselves shield states to ensure that their providers are protected and can widely provide care. § We have seen similar action happen succssfully with regard to abortion and same sex marriage o Environmental protections—CA has requirements that exceed those that the federal government previously had o Consider ballot measures! State by state measures have been effective in the abortion context and bring the decision directly to voters. Advocacy Rules for 501(c)(3) Organizations: Under the federal IRS tax rules, 501(c)(3) public charities can engage in policy level at the state level, including lobbying. However, it is important to be aware potential limitations. · 501(c)(3)s cannot engage in partisan political activities. · Public charities can lobby but are subject to limitations. Unlike the federal system, state lobbying laws vary widely. Knowing where and when you need to register and report is essential to doing this work effectively, and legally. There are three core questions to ask: 1. Do I need to register? 2. When is registration required? 3. What does registration and reporting actually involve? · State lobbying definitions vary widely. Some states are strict—you might need to register just for liking a policymaker's tweet. Others are more flexible and only require registration after you cross a threshold, like a certain number of contacts or hours worked. · If registration is required, what does that process look like? Some states charge a fee, others require ethics training, and most require paperwork. A few even ask for a headshot. · Some states require monthly or quarterly reports. Others, like Illinois, require reports every two weeks. Failing to file on time can lead to late fees, public scrutiny, or even criminal penalties in cases of willful noncompliance. · State rules differ dramatically, and you need to know the rules where you work. Luckily, Bolder Advocacy has your back. Our 50-state guide series—including DC and Puerto Rico—breaks it all down so you don't have to guess. · At Bolder Advocacy, we're here to help you lean into your power while staying in compliance. But too often, we see groups pull back out of fear—not because the law actually prevents them from acting, but because they worry about what might happen. Conclusion In all of this, we should remember that nonprofits are deeply rooted in community. We understand the issues. We see the harm. That gives us the insight and credibility to push for lasting change especially at our state and local levels When you organize a lobby day and bring constituents face to face with lawmakers, or when you send an email urging your network to act on a bill, you're shaping policy. You're lifting voices. You're fueling movements. And even if a bill doesn't pass this year, your advocacy still matters. You're building relationships, expanding your network, and making your cause more visible. Because while protests and litigation have their place, it's this steady, strategic policy work that builds lasting power. Even in times when federal progress is limited. And that's what advocacy is all about! Resources Being a Player: A Guide to the IRS Lobbying Regulations for Advocacy Charities Practical Guidance Series: Lobbying Practical Guidance Series: Nonprofit Voter Assistance | — | ||||||
| 8/20/25 | ![]() Threats to Tax Exempt Status | On this episode, we're diving into a topic that's especially important in today's high-stakes advocacy environment — threats to your tax-exempt status. Yes, we're talking about that precious 501(c)(3) status, the one that lets your organization do good in the world without paying taxes, and with the constant challenge of figuring out how to advocate, influence policy, and make change without accidentally stepping into 'oops, we might lose our status' territory. Attorneys for this Episode Monika Graham Victor Rivera Special guests, interns Ariana and Cecilia Shownotes Lobbying 101 for 501(c)(3) Public Charities Direct vs. grassroots lobbying The 501(h) election and why it matters Tracking expenditures and staying under federal limits Election Season Advocacy Without the Partisanship Pitfalls What nonpartisan really means (and the surprisingly small actions that can cross the line) Safe activities: voter education, GOTV efforts, and issue-focused advocacy Timing, audience, content, and motive — the four factors the IRS cares about Common Allegations and How to Defend Against Them Exceeding lobbying limits Misuse of restricted or federal funds Partisanship accusations in disguise Best Practices to Protect Your Organization Documentation systems that actually work (and don't make your staff revolt) Internal policies and staff training that stick Tools and software for tracking lobbying (and why cross-departmental collaboration matters) Real-World Case Examples Increased government scrutiny and oversight How nonprofits are adapting their compliance tracking in 2025 Resources Being a Player Rules of the Game Influencing Policy in the Digital Age Preparing for Politically Motivated Attacks | — | ||||||
| 8/6/25 | ![]() Advocacy Check Up (Rebroadcast) | This is a special rebroadcast of an episode from earlier this year on a self assessment tool that our nonprofit listeners should know about because of the continued and on-going threats of politically motivated investigations and attacks on the sector. We'll be back in two weeks with a brand new episode. * * * For those who caught our most recent podcast on Nonprofit New Year's Resolutions – Resolution #2 was to conduct an Advocacy Check Up. In this episode, we're deeper into how to do that. We released new Nonprofit Self-Assessment tool, designed to help nonprofit organizations assess your overall compliance with federal and state advocacy-related tracking and reporting requirements, and to identify opportunities to build your organization's advocacy capacity. Attorneys for this Episode Quyen Tu Sarah Efthymiou Susan Finkle Sourlis ü Governance & Administration: Strengthen your nonprofit's compliance and operational efficiency · Having legal and accounting support from professionals with knowledge of nonprofits can help safeguard against unnecessary risk and prevent costly errors · The IRS recommends, and some states require, that certain organizational policies are maintained, such as document retention & destruction and conflict of interest policies. · Most states have registration and reporting requirements when nonprofits solicit funds from their state's residents. Nonprofits should regularly review their fundraising activities (including online) to determine whether they need to register. ü Funding Sources: Once your legal house is in order, we suggest that you look at your funding sources. · The type of funder will help determine what type of funds you are dealing with, e.g., general support vs. project specific grants, single-year vs multi-year grants. · Determining the funding source will help you understand how you can spend the funds, whether there are limitations, and how you pay for the day-to-day operational costs for your nonprofit. ü Advocacy Activities, including lobbying · Important to understand if an activity or communication is lobbying or nonlobbying advocacy. · Whether your nonprofit has taken the 501(h) election will help you know your lobbying limits as a 501(c)(3), as well as how to define lobbying. · Don't forget that many activities may look like lobbying but fall under an IRS exception. The checklist has you covered there, too. · State and federal lobbying disclosure rules may apply to your work, too. ü Coalition and Affiliate Work · The checklist also raises questions to consider when establishing and setting up a coalition and affiliate relationships. For example, Do you have a cost sharing agreement? Do you share staff, how do you keep track of the programs that are distinct to each organization? Are staff aware of the difference between the two orgs? These questions are important to the foundational principles of how c3s and c4s can work together – or in broader coalitions. · The basic principle is in regards to the flow of money and assets, we refer this as riding a bike up the hill – money or shared assets (like sharing staff) from the c3 to a c4 is slow deliberate process and you need to have the systems in place to ensure that the c3 is not supplementing or supporting the allowable c4 political activity. · Having the appropriate documentation and keeping track are also important principles to follow. ü Nonpartisan Election Activities · Although one election cycle just ended, another one is underway – there will be many local and state elections in the odd year. Thinking about and preparing for election-season activities should be part of every nonprofit's check-up. · Do staff or volunteers understand the rules around nonpartisan activity? Do staff or volunteers know what hats they are wearing – what can they do in their official organizational capacity or as an individual on their own personal time? · In this section, think about your activities your nonprofit might participate in, e.g., will you conduct town halls, candidate questionaries, or voter education? Resources: The primary resource that we highlighted today is our new Advocacy Check-Up: Nonprofit Self-Assessment. Within the checklist, you'll find links to Bolder Advocacy and other helpful resources that will help you complete your assessment and be in the best position to advocate for your organization, your mission, and your communities. | — | ||||||
| 7/23/25 | ![]() Politically Motivated Attacks Revisited | ROTG137 Politically Motivated Attacks Revisited Nonprofit advocates face a complex environment in 2025 where political disagreements routinely escalate into targeted attacks—ranging from carefully crafted misinformation to more extreme tactics like organizational funding cuts, subpoenas, and personal targeting. This episode explores the emerging challenges advocates encounter, offering insights into recognizing, preparing for, and navigating these increasingly sophisticated forms of political pushback. Attorneys for this Episode Brittany Hacker Tim Mooney Quyen Tu Evolution of Political Attacks This isn't the first time we've covered this topic—we discussed it back in earlier episodes when attacks primarily came from private organizations and non-governmental entities like Project Veritas. What's changed is the increasing use of official government investigative authority against tax-exempt organizations, including: Current Landscape: Government Investigations & Bad Faith Actors Executive Orders from the Trump administration Universities under attack and scrutiny Government agencies: Department of Government Efficiency (DOGE) State Attorneys General investigations (particularly from those seeking higher office) New techniques utilizing official power with minimal basis for investigation The key challenge: These officials have great investigative power and can exercise it with the slimmest basis, using bad faith political attacks against organizations doing good community work they simply disagree with. Examples of Great Advocacy in Response Despite these attacks, many nonprofits have stepped up their advocacy: Challenging the administration in court Almost every executive order has faced legal challenges Many nonprofits have teamed up for court cases Some challenges have been successful, others ongoing Calling out attacks for what they are Naming attacks as politically motivated and in bad faith Pointing out reliance on dubious information This approach has met with significant success Solidarity in numbers Some law firms and universities initially settled with the administration Others joined together and refused to settle or capitulate Finding strength in solidarity and continuing their missions Funder support stepped up Funders creating new short-term grants Establishing legal defense funds Providing pro bono services for nonprofits Some funders publicly increased funding; others acted quietly but effectively Being Prepared: Your Best Defense Legal and Administrative Compliance The best defense is ensuring full compliance with all applicable laws so you can advocate with confidence. Advocacy Check-Up Tool: Our nonprofit self-assessment (13-page document available free on our website) Identifies opportunities to enhance compliance with tax, lobbying, election, and other laws Provides starting place to assess existing systems Helps prepare for attorney meetings with specific checklist items Key compliance areas to review: How your 501(c)(3) remains nonpartisan Staying within lobbying limits for C3 public charities Ensuring all reporting is current (IRS, FEC, local ethics commissions) Checking insurance coverage (directors & officers, liability) Board setup and bylaw compliance Document management: Store foundational documents electronically in the cloud Maintain excellent records: Clear, accurate documentation to easily prove legal compliance when needed Organizational Readiness and Communications Planning Beyond legal compliance, you need comprehensive preparation: Identify vulnerabilities: What might attackers say about your work? Communications strategy: Have a plan for public response Election season policy: Clear guidelines for staff activities Document retention policy: Know what to keep and for how long Staff training: Especially public-facing staff and volunteers Train them to recognize unusual questions outside normal scope Establish "odd question point person" to defer to Response protocols: Know what to do if attacked Legal counsel: Have a lawyer you can call or know who to contact Most Important: Don't Self-Censor Remember these are bad faith attacks. You aren't doing anything wrong. They're trying to: Separate you from your funders Separate you from your supporters Make you stop your advocacy work Avoid engaging on the substance of your work Don't fall for the trap of stopping your advocacy just because they claim you're doing something wrong. If your compliance is solid and you have a communications plan, you've likely done nothing wrong—keep doing your important work. If You Are Attacked: Response Strategy Initial Response: Don't Overreact Reassure everyone: Staff, board, key supporters that you have a plan and are executing it Share with allies: Touch base with coalitions and peer organizations Attacks often target multiple similar organizations Share what you're experiencing and your response plans Ask for help: Learn from others who've been through this; consult funders and foundations Fact-Finding and Gap Analysis Get clear on accusations: What specifically are they claiming? Assess the facts: What do you know vs. don't know? Close any gaps: You don't have to be perfect Retrain staff if needed Amend reports if necessary Address any legitimate compliance issues Response Protocol for Official Investigations When facing government actors: Request identification and documentation: Ensure it's a legitimate governmental agency with authority (warrant/subpoena) Preserve all evidence: Don't destroy documents, emails, or other records Don't obstruct government action but monitor their work (like supervising a contractor in your house) Protect privileged information: Seek legal advice on confidential/privileged materials Designate spokesperson: One staff member communicates with government actors and public to avoid conflicting messages Legal Support and Defense Seek counsel for preparation: Some aspects you can handle alone, others need legal guidance Retain counsel for formal responses: Essential for official investigations Investigate legal defense funds: If budget is tight, these are increasingly available Staying on Offense: Reframe the Narrative With a good plan in place, you can be on offense instead of defense: Call political attacks what they are Feel confident in your legal compliance Ensure staff feel safe and confident by sharing/reviewing your plan Continue your great advocacy work because you're in compliance with laws Special Thanks to Funders Shout out to funders who have stepped up during these attacks: Some have been very public about increasing funding Many have acted quietly without spotlight Both approaches are important and appreciated Creating new funding mechanisms and legal defense funds Resources Advocacy Check-Up: Nonprofit Self-Assessment Essential Strategies for Navigating Government Inquiries (Perkins Coie) Search Warrants: Dos and Don'ts (Perkins Coie) Sample 501(c)(3) Policy for Election Season Election Activities of Individuals Associated with 501(c)(3)s Practical Guidance Series: Lobbying Practical Guidance Series: Nonprofit Voter Assistance On-Demand Training: Preparing for Politically Motivated Attacks | — | ||||||
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