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"How 501(c)(3) Organizations can Engage Around Elections and Ballot Measures?" Presentation by Nayantara Mehta, Alliance for Justice, at the Stronger Nebraska Policy Institute on August 28, 2014.
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How 501(c)(3) organizations can engage around ELECTIONS
and BALLOT MEASURES
Nayantara Mehta Alliance for Justice
AGENDA
1. Comparing nonprofit organizations
2. What does “non-partisan” mean?
3. How do the rules apply to an individual who works for a 501(c)(3)?
4. What election year activities can we engage in, and how can we ensure we stay nonpartisan?
5. Where do ballot measures fit in?
Comparing NONPROFITS
501(c)(3) 501(c)(4)Political
Organizations
Examples
Tax Treatment
LobbyingActivities
ElectoralActivities
Contributions tax-deductible
Tax-Exempt
Private Foundation grants
Tax-Exempt Tax-Exempt
Limited Unlimited Rare and usuallytaxable
Cannot support or oppose a candidate
for office
Usually, sole activity
Secondary activity
Follow federal and state election law
IndependentEmily’s List
Connected/SSFSierra Club PAC
What is NON-PARTISAN?
No 501(c)(3) support for or opposition to CANDIDATESrunning for PUBLIC OFFICE
Excise TaxRevocation of Tax Exempt
Status
Possible PENALTIES
Warning Letter
Who is a CANDIDATE for PUBLIC OFFICE?
Who is a CANDIDATE for PUBLIC OFFICE?
CHARACTERISTICS of a “PUBLIC OFFICE”
Office created by statute
On-going position
Fixed term
Requires oath of office
Includes School Boards
For any public office
Rules that apply to print and verbal
communications also apply to ONLINE
COMMUNICATIONS
Rules apply to 501(c)(3) staff and volunteers acting
on behalf of 501(c)(3), not to those
acting in INDIVIDUAL
CAPACITY
Election Year Activities
Issue Advocacy Advocating for organization’s issues during election year
Voter Education Educating voters in a nonpartisan
way about candidates
Candidate EducationHelping candidates understand the importance of your issues
Voter OutreachRegistering voters, getting out
the vote
Election ProtectionProtecting the right to vote,
poll monitoring
Ballot MeasuresSupport or oppose state or local
ballot measures
LOBBYING or advocacy campaigns
ISSUE ADVOCACY
Lobbying/Advocacy
Campaigns
Criticizing Incumbents
Legislative Scorecards
CRITICIZING Incumbents
ISSUE ADVOCACY
Lobbying/Advocacy
Campaigns
Criticizing Incumbents
Legislative Scorecards
CRITICIZING INCUMBENTS
Focus on Legislative Issues
Continue Ongoing Criticism
Don’t Criticize Personal
Characteristics
ISSUE ADVOCACY
Lobbying/Advocacy
Campaigns
Criticizing Incumbents
Legislative Scorecards
LEGISLATIVE Scorecards
Sent to PUBLIC
Published REGULARLY
Includes ALL LEGISLATORS
BROAD Range of Issues
AVOIDS Commentary
Sent to MEMBERS PublishedREGULARLY
Includes ALL LEGISLATORS
NARROW Range of issues approved
Commentary ALLOWED
Election Year Activities
Issue Advocacy Advocating for organization’s issues during election year
Voter Education Educating voters in a nonpartisan
way about candidates
Candidate EducationHelping candidates understand the importance of your issues
Voter OutreachRegistering voters, getting out
the vote
Election ProtectionProtecting the right to vote,
poll monitoring
Ballot MeasuresSupport or oppose state or local
ballot measures
CANDIDATE Education
CANDIDATE EDUCATION
Offer to all
Use only what is already gathered
Only create new information if
organization has reason to do so
Election Year Activities
Issue Advocacy Advocating for organization’s issues during election year
Voter Education Educating voters in a nonpartisan
way about candidates
Candidate EducationHelping candidates understand the importance of your issues
Voter OutreachRegistering voters, getting out
the vote
Election ProtectionProtecting the right to vote,
poll monitoring
Ballot MeasuresSupport or oppose state or local
ballot measures
QUESTIONS
Unbiased questions
Open-Ended Questions
Distribute to all candidates
Broad range of issues
No Pledges
FORMATTING
No editing
Present responses equally
Disclaimers
QUESTIONNAIRES
QUESTIONS
Unbiased questions
Open-Ended Questions
Distribute to all candidates
Broad range of issues
No Pledges
FORMATTING
No editing
Present responses equally
Disclaimers
QUESTIONS
Unbiased questions
Broad range of issues
FORMAT
Invite all Viable Candidates
Fair Rules
Impartial Moderator
Unbiased Audience
Equal Opportunity
No Contextual Favoritism
DEBATES & FORUMS
APPEARANCE UNRELATED TO
CANDIDACY
Awards & Policy Updates
No Equal Opportunity
Required
Avoid Mentioning Candidacy
Don’t Time to Coincide with
Election
Disclaimers and Letters
CANDIDATE-RELATED
EQUAL Opportunity
No Contextual FAVORITISM
ALL Viable Candidates
Candidate may discuss election
Timed to coincide with election
NOT RELATED TO CANDIDACY
NO Equal Opportunity
No FAVORITISM because of candidacy
NOT all Candidates required
NO reference to election
NOT timed to coincide with election
Election Year Activities
Issue Advocacy Advocating for organization’s issues during election year
Voter Education Educating voters in a nonpartisan
way about candidates
Candidate EducationHelping candidates understand the importance of your issues
Voter OutreachRegistering voters, getting out
the vote
Election ProtectionProtecting the right to vote,
poll monitoring
Ballot MeasuresSupport or oppose state or local
ballot measures
VOTER REGISTRATION/
GOTV
No Reference to Party/Candidate
No Suggestion of who to Vote for
Make Service Available to EVERYONE
Targeting for NONPARTISAN
reason
VOTER REGISTRATION/
GOTV
No Reference to Party/Candidate
No Suggestion of who to Vote for
Make Service Available to EVERYONE
Targeting for NONPARTISAN
reason
VOTER REGISTRATION/
GOTV
No Reference to Party/Candidate
No Suggestion of who to Vote for
Make Service Available to EVERYONE
Targeting for NONPARTISAN
reason
Election Year Activities
Issue Advocacy Advocating for organization’s issues during election year
Voter Education Educating voters in a nonpartisan
way about candidates
Candidate EducationHelping candidates understand the importance of your issues
Voter OutreachRegistering voters, getting out
the vote
Election ProtectionProtecting the right to vote,
poll monitoring
Ballot MeasuresSupport or oppose state or local
ballot measures
Election PROTECTION
ELECTION PROTECTION
and POLL MONITORING
No reference to which is better
party/candidate
No suggestion of who to Vote for
Target for NONPARTISAN
reason
Train Volunteers!
Election Year Activities
Issue Advocacy Advocating for organization’s issues during election year
Voter Education Educating voters in a nonpartisan
way about candidates
Candidate EducationHelping candidates understand the importance of your issues
Voter OutreachRegistering voters, getting out
the vote
Election ProtectionProtecting the right to vote,
poll monitoring
Ballot MeasuresSupport or oppose state or local
ballot measures
You can DO IT!
Limits lobbying at all levels of
government, must stay nonpartisan
Requires disclosure of state ballot measure
advocacy
State Law: Do you have to register?
IRS: Remaining NONPARTISAN
IRS: Remaining NONPARTISAN
QUESTIONS?
WEST COASTAlliance For Justice
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EAST COASTAlliance for Justice11 Dupont Circle, NW2nd FloorWashington, DC 20036202-822-6070
www.bolderadvocacy.orgfor fact sheets and publications
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