• Rules of the Game: The Bolder Advocacy Podcast

  • By: Bolder Advocacy
  • Podcast
Rules of the Game: The Bolder Advocacy Podcast By cover art

Rules of the Game: The Bolder Advocacy Podcast

By: Bolder Advocacy
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  • Summary

  • Nonprofits are important advocates on issues critical to every community, but sometimes the rules and regulations of advocacy can be barriers to entry. In Rules of the Game, Bolder Advocacy attorneys at Alliance for Justice use real examples to demystify these laws to help 501(c)(3) and 501(c)(4) nonprofits be bolder advocates, whether holding elected officials accountable, educating candidates, engaging voters, or lobbying for policy change.
    CC BY-NC-ND 4.0
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Episodes
  • Can We Rent (Or Share) That?

    Can We Rent (Or Share) That?
    May 1 2024
    On this episode, we will discuss how nonprofits can respond when they are asked to share their resources with others. Whether it’s data, a mailing list, office space, or something else of value, your nonprofit needs to know what to do when asked to share its assets with other people and groups. And guess what! Your organization’s tax status will come into play. If you’re a 501(c)(3), you need to be particularly careful, especially when interacting with non-(c)(3)s. We’ll dive in deep and answer the question “Can We Rent (or Share) That?” in the minutes to come. Our Attorneys for This Episode: Monika Graham Natalie Ossenfort Victor Rivera General Principles when sharing resources and working with other organizations: · Principle #1: Moving resources from a 501(c)(4) to a 501(c)(3) is simpler from a legal standpoint than the reverse (uphill / downhill principle). · Principle #2: Your tax-exempt status follows you into your transactions with others. · Principle #3: Documentation is important. · Principle #4: Stay in your lane. What does this have to do with renting and exchanging resources? · 501(c)(3)s are prohibited from supporting or opposing candidates, including making contributions to candidates and political organizations. · 501(c)(3)s should not provide resources to a 527 without charge. Instead, they should rent or sell these types of assets for fair market value and make them equally available to any other political entities that request them. o Best practice is to use a list broker. · When supporting the work of (c)(4)s, which can engage in some partisan political activity, 501(c)(3)s must be mindful to protect their assets and to ensure that they aren’t giving away their lists, data, and spaces for partisan political use for free and that any rental transactions are well documented and comply with the law. Can our (c)(3) rent out event space to candidates and other types of organizations? · Whether something constitutes impermissible support or opposition of candidate depends on the facts and circumstances. Some things the IRS considers in the event space rental context include (Rev. Rul. 2007-41): o Whether the facility is available to all candidates in the same election on an equal basis, o Whether the fees charged to candidates are at the organization’s customary and usual rates, o Whether the activity is an ongoing activity of the organization or whether it is conducted only for a particular candidate, and more! · Discussion of two examples. What about newsletter ad space? · If a 501(c)(3) rents / sells ad space in its newsletter or other publications, it can offer that same service to others (even candidates), but it must charge fair market value and allow all entities and candidates the same access without regard to political preferences. o Remember to indicate which ads are “paid advertising” in the publication. · If it usually gives out ad space for free (instead of requiring a financial transaction), it could potentially do the same with other organizations, but all free content must be nonpartisan. · What if a (c)(4) has a newsletter and wants to provide ad space to a (c)(3)? o It’s easier for (c)(4)’s to share resources with (c)(3)s since (c)(4)s can do everything (c)(3)s can do, and more! o A 501(c)(4) could rent space to the (c)(3) for fair market value or give it away for free. Voter Registration Files · 501(c)(3)s should not freely share with partisan organizations the voter registration lists or other data that it collects during voter registration or education activities. · This information is a valuable asset owned by the 501(c)(3). Voter registration files may only be rented to a 501(c)(4) or 527 at fair market value or exchanged for data of equal value. Even then, the circumstances in which these agreements can be made are complex, so it’s wise to get legal advice. · This type of agreement can also cause opposing parties or groups to raise their eyebrows and question the legality of the transaction. Before engaging in this type of transaction, figure out how much risk your organization is willing to incur. 501(c)(3)s can’t give things away for free to non (c)(3)s that could potentially use the (c)(3)’s assets for partisan political purposes. So, if you’re thinking about sharing your organization's resources with others, exercise caution and consult with counsel when needed. Resources:[NO1] Rules of the Game Election Checklist for 501(c)(3) Public Charities The Connection Coalition Checklist Rev. Rul. 2007-41 Monika, can you add a resource link to that revenue ruling you cited in the event space discussion? [NO1]
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    17 mins
  • Ballot Measure Advocacy Takeaways from the 2024 BISC Conference

    Ballot Measure Advocacy Takeaways from the 2024 BISC Conference
    Apr 17 2024

    On this special edition from the BISC (Ballot Initiative Strategy Center) Road Ahead 2024 conference held in Las Vegas, we bring our takeaways from our sessions on ballot measure advocacy, including handling misinformation, tips on campaigning, garnering cross-ideological support and more.

    Lawyers on this episode:

    Sarah Efthymiou

    Tim Mooney

    Handling misinformation in ballot measure campaigns

    - Strategies to counter misinformation and disinformation.

    - Focus on highlighting correct information rather than amplifying incorrect details.

    How campaigning against ballot measure proponents is different than candidates

    - Discussion on conservative influencer, Brian Haywood.

    - His influence on ballot initiatives in Washington.

    - How non-candidates can be criticized without impacting tax-exempt status for 501(c)(3)s

    Cross-Ideological Support for Ballot Initiatives

    - How ballot measure work reflects populist views and forms unlikely coalitions.

    - Examples from various states including Florida’s cross-ideological support for returning citizens' rights.

    Role of Funders in Advocacy

    - The importance of funders in supporting grantees beyond financial contributions.

    - Tips on early funding and building infrastructure for effective campaigns.

    Conference Resources and Recommendations

    - Ballot Initiative Strategy Center

    - Seize the Initiative

    - Bolder Advocacy’s ballot measures toolkit
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    15 mins
  • Election Season Advocacy: What Your Foundation Needs to Know

    Election Season Advocacy: What Your Foundation Needs to Know
    Apr 3 2024
    Guess What! It’s 2024, which means we have a BIG election on the horizon. Not only will voters take to the polls to decide who will be our next President, but they’ll also be invited to speak their voice in relation to ballot measures and down ballot races that will impact our laws and determine who will represent us in local government, state legislatures, Congress, the courts, and more! With so much at stake, many private and public foundations may be curious whether they have a role to play. The answer is YES! And, this episode of the podcast will discuss the rules foundations need to know when funding and engaging in nonpartisan election activities. Attorneys for this show Monika Graham, Tim Mooney, Natalie Ossenfort Show Notes · General rule: private and public foundations (as 501(c)(3) organizations) are permitted to engage in and fund nonpartisan election season activities. o No support or opposition of candidates for public office (including candidates running in “nonpartisan” races) o No telling people who to vote for on their ballots or encouraging them to vote for particular political parties o Keep it NONPARTISAN. The facts and circumstances matter. o Remember that special rules will apply to private foundations when it comes to voter registration activities and ballot measures (discussed later in this episode) · General GOTV Activities (not talking voter registration here) o Both private and public foundations are permitted to engage in nonpartisan get-out-the-vote (GOTV) activities § Avoid referencing parties or candidates § Do not suggest who people should vote for § Use nonpartisan targeting only o Examples § Communications posted on social media reminding readers that “Your Vote is Your Voice” without reference to candidates and parties and without suggesting that people vote for candidates who have particular stance on issues of importance to the foundation § Communications circulated at local events that remind people to “Vote. It’s Easy!” and provide information on where, when, and how to vote. · Make sure you get the information correct · Don’t target your outreach based on partisan criteria (i.e. populations / communities who you think are likely to vote for certain types of candidates) o As always, remember that other laws (like state law) may apply to your work in addition to the tax code rules requiring nonpartisanship. · Candidate Education o Offer educational resources and materials to ALL candidates o Provide only information that is previously gathered § Avoid generating and analyzing new data or conducting new research per a candidate’s request § But, do feel free to point candidates to information posted publicly on your website o What if a candidate or campaign staffer calls your offices asking for talking points for an upcoming rally? Resist the urge to provide them with that information because it equates to an impermissible candidate contribution. · Voter Registration o 501(c)(3) Public charities are permitted to engage in and fund nonpartisan voter registration activities. § This means that not only can community foundations directly fund their public charity grantees’ voter registration drives, but they can also engage in voter registration themselves. § Just remember to keep it nonpartisan and to follow state and federal law. o Now private foundations are subject to more restrictive rules when it comes to voter registration. § Private foundation cannot fund voter registration drives whether they are doing it themselves or making grants earmarked for them - unless the drive is nonpartisan and conducted in 5 or more states over multiple election cycles § This means that many of their public charity grantees’ will not be eligible to receive grants that are earmarked for voter registration. § BUT, it does NOT mean that public charities can’t use funds provided through a general support grant for nonpartisan voter registration purposes. · What about ballot measures? o Ballot measures are effectively pieces of legislation, and it’s the voting public with the power to vote on them. o Whether it’s a bond proposal, constitutional amendment, or other type of initiative, public charities are allowed to support or oppose ballot measures. o But, because of their legislative nature, support or opposition of measures qualifies as lobbying. o Public charities (like community foundations) are limited in how much lobbying they are permitted to do under the tax code and should count their ballot measure activities (and grants earmarked for ballot measure advocacy) against their lobbying limits. o Private foundations are effectively prohibited from lobbying due to a steep excise tax imposed by the tax code. As such...
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    17 mins
Management Economics
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