Rules of the Game: The Bolder Advocacy Podcast

Bolder Advocacy
  • 5.0 (26)
  • NON-PROFIT
  • UPDATED BIWEEKLY

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. Entertaining legal education, not legal advice!

  1. Legislative Update

    5H AGO

    Legislative Update

    Legislative season is underway, and we're seeing a wave of proposals that could significantly reshape the operating environment for nonprofits and advocacy organizations. We're tracking over 1,000 bills across the country, and while some of them do positive things, like make improvements to our electoral system or increase voter turnout, unfortunately, most of these measures are taking aim at impactful nonprofit advocacy. These proposals collectively reflect an erosion of the civic space in the nonprofit ecosystem. We're here to break down some of the key trends and help you stay informed about emerging twists in compliance.   Attorneys for this episode Maggie Ellinger-Locke Susan Finkle Sourlis Natalie Roetzel Ossenfort   Shownotes   Federal Legislation   ·      The SAVE Act would require voter registration applicants to provide documentary proof of US citizenship and impose strict photo ID rules to vote in federal elections. ·      Federal law is already clear that only US citizens are permitted to vote in federal elections. ·      This legislation could disproportionately impact voters of color, married people who have changed their last names, and low-income voters.     State Legislation   ·      So far, we've seen over 150 bills filed in at least half the states, that seek to impact the voting process. Georgia's SB 586 proposes sweeping changes to state elections including early voting. Under current law voters are permitted to cast their ballot at any polling location in their county during the early voting period. But if this bill becomes law, voters would be restricted to just one polling location. In West Virginia, SB 90 would prohibit voters not affiliated with a major political party from voting in a primary election. In Kansas, HB 2438 would prohibit online voter registration unless a website uses a .gov domain or is explicitly approved by the secretary of state. Corporate Power Reset movement: The goal of this movement is to create an end run around supreme court precedent like Citizens United and Buckley v Valeo[NO1] [ME2] [SS3]  by prohibiting all corporate, whether for profit or nonprofit, engagement with elections.[SS4] [ME5]  ·      Restricting foreign influence on ballot measure campaigns: Federal law already bans foreign national contributions to candidate campaigns, but these bills are seeking to extend the restrictions further, narrowing the funding landscape for direct democracy. o   During the 2026 state legislative sessions, we've seen 39 bills introduced in twenty states that would restrict foreign contributions to ballot measure campaigns. o   Some focus narrowly on majority foreign-owned businesses, but many target individuals and ballot question committees. These bills often require affirmative certifications that no foreign national funding is involved in an organization's ballot measure advocacy. Baby FARA bills: At the federal level, the Foreign Agents Registration Act was enacted in 1938 to counter Nazi propaganda. It requires individuals or entities acting "at the order, request, or under the direction or control" of a foreign principal to register with the Department of Justice and file detailed disclosures. Historically, FARA has been applied in relatively specific circumstances, primarily lobbying or political work directly tied to foreign governments. State-level analogues, however, are often drafted much more broadly. These proposals could sweep in a wide range of advocacy activities and impact organizations engaged in international solidarity movements. Terrorism: US law only allows foreign groups to be labeled as foreign terrorist organizations. And new policy directs federal law enforcement agencies to "investigate and disrupt networks, entities, and organizations" that have views in contravention to the president's. This type of legislation is now making its way to the states. In Florida, lawmakers are pushing several bills, such as HB 1471, SB 1632, and SB 1634, would dramatically expand the state's power to designate organizations as "domestic terrorist organizations." o   The bills broaden the definition of domestic terrorism, using sweeping language about activities intended to "influence the policy of a government" or "affect the conduct of government," terms that could be interpreted expansively. o   Once designated, an organization could have its funds frozen, be barred from receiving state contracts or funding, and expose its staff, donors, and supporters to criminal liability for providing "material support."   Hopeful Legislation:   ·      In Georgia, lawmakers are considering a bill that would expand student protest rights, excusing absences for classes missed due to protest attendance. ·      In Missouri, HB 1871 extends the "no excuse" absentee voting period from two weeks to four.   Resources Public Charities Can Lobby (Factsheet) Being a Player: A Guide to IRS Lobbying Regulations for Advocacy Charities Practical Guidance: What Nonprofits Need to Know about Lobbying in Your State

    17 min
  2. Litigation Update

    MAR 4

    Litigation Update

    On this edition, we open up the docket and get an update on the variety of court cases that impact tax-exempt organizations and their ability to advocate on the issues they care about. And to help with that, we're joined once again by friend of the pod Emma Olson Sharkey from Elias Law Group to help demystify what's happening in the courts and how it might impact you and your work. Attorneys for this episode Brittany Hacker Leonard Tim Mooney Emma Olson Sharkey – Elias Law Group Shownotes 501(c)(4) political activity Freedom Path, Inc. v. IRS  (D.D.C.) Memorial Hermann Accountable Care Organization v. CIR (5th Cir) Administrative law Loper Bright Enterprises v. Raimondo (2024) Johnson Amendment and 501(c)(3) partisan activity National Religious Broadcasters v. Long (EDTX) https://www.councilofnonprofits.org/pressreleases/federal-court-decide-legal-settlement-impacting-70-year-old-federal-law-protecting-0   Ballot measure process cases Montana - Kendrick v. Knudsen - https://statecourtreport.org/our-work/analysis-opinion/proposed-ballot-measure-would-limit-montana-legislature-burdening-direct Arkansas - https://arkansasadvocate.com/2025/11/19/judge-issues-injunction-against-arkansas-direct-democracy-laws/ Montana - Ellingson v. State: https://archive.legmt.gov/content/Committees/Interim/2023-2024/State-Administration-and-Veterans-Affairs/Meetings/Sept.5.24/Tab-11-Admin-Rule-Review-Litigation-Update/September-2024-Litigation-Update.pdf Florida[GU2]  - https://floridaphoenix.com/2026/02/20/federal-ruling-in-florida-ballot-initiative-restriction-challenge-could-have-national-implications/ Oklahoma - McVay et al. v. Cockroft and Drummond: https://www.lwv.org/legal-center/mcvay-v-cockroft Missouri - Missouri et al v. Von Glahn et al: https://www.democracydocket.com/cases/missouri-congressional-redistricting-referendum-challenge/

    28 min
  3. College Athletics, NIL and Nonprofits

    FEB 18

    College Athletics, NIL and Nonprofits

    One of the hottest topics in college athletics turns out to be about nonprofits. This episode unpacks how nonprofit colleges and third-party NIL collectives support individual student athletes, the governance and tax questions that follow, and what the recent NCAA settlement means for oversight and compliance. We also look ahead to emerging federal regulation and how nonprofits might engage in shaping what comes next.   Attorneys for this Episode ·      Tim Mooney ·      Victor Rivera   Why NIL Is a Nonprofit Issue  ·       Define NIL: athlete rights to monetize their brand (name, image, likeness). ·       Distinguish third-party deals vs. institution-linked compensation ·       Why nonprofits are in the mix: NIL collectives, booster organizations, independent sponsorscirculating capital in the ecosystem. College athletics live inside nonprofit institutions — universities and colleges are almost all 501(c)(3)s. Enter third-party NIL collectives — many of which are also nonprofits, often organized as 501(c)(3)s or seeking that status. When nonprofits move money, governance and tax law always follow — NIL is no exception. In October 2025, a settlement in House v. NCAA settlement centralized review mechanisms (the College Sports Commission – or CSC) now oversee deal approvals & compliance. Ongoing federal intervention: the proposed SCORE Act is NCAA-backed and would stop athletes from being considered employees and shield the NCAA from the kinds of class action lawsuits that got us to the current NIL landscape   How Nonprofits End Up Supporting Individual College Athletes Nonprofits can and do financially benefit specific individuals (scholarships, disaster relief, housing aid, fellowships). NIL collectives operate on a similar theory: Supporting athletes through appearances, community engagement, or promotional activity Often tied (explicitly or implicitly) to institutional athletic programs The tension: Supporting individuals is allowed But private benefit, inurement, and mission drift are still red lines Issue with compensating individuals using their "fair market value" Key question for nonprofits: Are we advancing a charitable purpose (legal) or just subsidizing compensation (questionable)? Governance Questions Nonprofits Can't Ignore Board-level responsibilities Mission alignment How does athlete support further the stated charitable purpose? Is this education, community engagement, economic equity or something else? "Amateur athletics" does a lot of heavy lifting here, but sometimes the collectives compensate the athletes for promoting charitable events/causes. Board oversight Who approves NIL strategy? How are conflicts of interest handled (especially boosters, alumni, donors)? Controls and accountability Criteria for selecting athletes Documentation of services provided Fair market value analysis Transparency What are donors told? What is disclosed publicly vs. internally? Regulation on the Horizon After the NCAA Settlement The NCAA settlement signals: More centralized oversight More formal review of NIL arrangements Less tolerance for "wink-and-nod" structures Likely regulatory pressure points: Standardized deal review Clearer definitions of permissible activity Increased scrutiny of nonprofit status and operations Should Nonprofits Weigh In on What Comes Next? The NCAA settlement last fall quieted things down by creating reporting structures, arguably with some teeth. But as things evolve, there's more space for nonprofits in particular to notice. Will the College Sports Commission (CSC) continue to have conference support so it can enforce the NIL rules? The agreement hasn't been fully adopted yet, but the CSC is already knocking down some NIL deals. Federal legislation (SCORE Act or SAFE Act) Recent controversies surrounding eligibility of former pro-basketball players (Amari Bailey, Charles Bediako) may force Congress to act NCAA-adjacent rulemaking State-level NIL frameworks particularly regarding their institutions Other structures could allow potential pathways for unionization for student-athletes 501(c)(5)s like AFL-CIO have come out against SCORE Act Previous attempts have failed by student-athletes in Northwestern and in other universities and the SCORE Act has a provision that bans college athletes from being considered employees Resources NIL Compliance Tightens: What the NCAA's New Rules Mean for Institutions and Sponsors – Steptoe and Johnson College Sports Watchdog Will Enforce Rules Without Legal Backing – Front Office Sports NIL regulations for college athletes face hurdles in Congress – Spectrum News Letter Opposing Legislation That Would Be A Bad Deal for College Athletes – AFL-CIO

    17 min
  4. Ask Us Anything: Voter Registration

    FEB 4

    Ask Us Anything: Voter Registration

    In this episode, we're answering questions from organizations about voter registration, which is, of course, timely given the upcoming midterm election season. Since these activities occur within an electoral framework, it's crucial to keep various legal aspects in mind while crafting and executing your voter registration campaigns. We'll discuss the key considerations related to nonprofit tax law, federal election law, and state law.  Attorneys for this episode Sarah Efthymiou  Susan Finkle Sourlis   Monika Graham   Voter Registration   501(c)(3) nonprofits are effective voter registration advocates because they are trusted, nonpartisan organizations with deep ties to their communities, especially populations that are often underrepresented in the electoral process. By conducting voter registration drives, they remove practical barriers to voting, help people navigate confusing rules and deadlines, and expand equitable access to civic participation. This work strengthens democracy without endorsing candidates or parties and aligns with nonprofit missions by empowering communities to have a voice in the policies that affect their lives.  Why are c3s effective voter registration advocates?   Deep trust and credibility.   Direct access to underrepresented voters.   Nonpartisan by law.   Education + assistance.   Long-term relationship building.   Why host voter registration programs?   Registration is the biggest barrier to voting.   They increase participation and equity.   They normalize civic engagement.   They strengthen democracy (without being partisan).   They align with many nonprofit missions.   Federal Tax Law:   Federal tax law allows 501(c)(3) nonprofit organizations to engage in voter registration and education activities, as long as those efforts are conducted in a strictly nonpartisan manner. Understanding these rules is essential to ensure compliance while encouraging civic participation and protecting the organization's tax-exempt status.  I'm a 501(c)(3) public charity. How can I engage in VR without jeopardizing my status?  501(c)(3) public charities must conduct all voter registration activities in a strictly nonpartisan manner.   Voter registration activities should be designed to encourage participation by all eligible individuals.   Any targeting of voter registration efforts must be based on neutral, nonpartisan criteria.   Organizations should exercise caution when connecting issue advocacy with voter registration activities.     I've heard that there are bad actors out there trying to "catch" c3's doing something wrong. What can we do to protect ourselves?  Prepare for challenging questions by having a trusted partner ("buddy system") during voter engagement.   Consider having a point person designated to handle tricky situations and/or suspicious questions.   Invest in thorough training for all staff and volunteers involved in voter registration efforts.   Federal Election Law  Under federal election law and the rules governing 501(c)(3) organizations, charities and other tax-exempt nonprofits may engage in voter registration and other civic engagement activities as long as they remain strictly nonpartisan and do not support or oppose any candidate or political party. This limitation stems from the Johnson Amendment and IRS regulations, which prohibit political campaign intervention but explicitly allow educational and voter registration efforts that help people participate in the electoral process withneutrality.   What are some FEC rules we should be aware of to stay in compliance?   Federal Election Commission (FEC) regulations strictly prohibit coordination of voter registration activities with candidates, political parties, or campaigns.   Since the Citizens United decision, independent expenditures related to voter registration and partisan targeting are allowed for 501(c)(4) organizations but remain prohibited for 501(c)(3)s.   Under no circumstances can 501(c)(3) organizations offer payments or anything of value—including food, gifts, or incentives like pizza—in exchange for voter registration.   State Regulations  State laws play an important role in shaping how 501(c)(3) organizations conduct voter registration activities. While federal law allows nonprofits to engage in nonpartisan voter registration, each state sets its own rules around registration procedures, deadlines, training requirements, and handling of voter information. Understanding and complying withapplicable state laws is essential for 501(c)(3)s to conduct voter registration safely, legally, and effectively.  Do we need to watch out for anything on the state level?  Yes, potentially. Voter registration rules and requirements can vary widely by state, so it's essential to consult your state elections office for the most accurate and up-to-date guidance.   States often have specific legal requirements for organizations conducting voter registration drives.   Proper submission of completed voter registration forms is critical for validating registrations and maintaining compliance.   Are there any state developments to be aware of?  There is a growing divide among states between those actively expanding voter access and those implementing increasingly restrictive voting laws.   Several states are pursuing more restrictive policies that risk disenfranchising eligible voters by imposing stricter identification requirements or limiting mail-in voting access.   Funding Sources  Funding sources can affect how 501(c)(3) organizations conduct voter registration activities. While nonprofits may use private or foundation funds for nonpartisan voter registration, certain funding sources—such as government grants or restricted donations—may impose additional conditions or limitations. Understanding these funding rules helps ensure voter registration efforts remain compliant, nonpartisan, and consistent with both legal requirements and funder expectations.    What funds can 501(c)(3) organizations use to fund VR efforts?   Both public and private foundations can provide vital funding to 501(c)(3) organizations conducting voter registration drives, supporting nonpartisan civic engagement and expanding democratic participation.   Under IRS rules, private foundations cannot earmark grants exclusively for voter registration drives unless they comply with the detailed requirements of 26 CFR 4945(f):  The organization sponsoring or conducting the voter registration drive (the sponsoring organization) must be a 501(c)(3) organization  The registration activities of the sponsoring organization must be nonpartisan, conducted in five or more states, and occur over more than one election cycle  A contribution for such activities may not be subject to conditions requiring use in a specific state (or political subdivision) or in a specific election cycle  At least 85 percent of the sponsoring organization's income must be directly spent on activities relating to the purpose for which it was organized and operated, and  At least 85 percent of the sponsoring organization's support, other than gross investment income, must be contributed by exempt organizations, the general public, or government units; no more than 25 percent of its support may come from any one exempt organization; and no more than 50 percent of its support may come from gross investment income (interest, dividends, or other investment-related income)    Resources  Want to Conduct or Fund a Voter Registration Drive?  The Rules of the Game: A Guide to Election-Related Activities for 501(c)(3) Organizations  Voter Registration Rules for Private Foundations  Practical Guidance: Nonprofit Voter Assistance Series  Nonprofits, Elections, & the Fine Art of Remaining Nonpartisan  United States Election Assistance Commission  Vote 411

    21 min
  5. Public Charities Can Lobby!

    JAN 21

    Public Charities Can Lobby!

    On this episode, we're going back-to-basics to discuss the rules that apply when nonprofits engage in lobbying activities. With legislative sessions ramping-up in several states, it's important to take time to understand the lobbying limits and definitions that apply to your organization's advocacy. But, it's even more important to recognize that public charities can lobby and advocate for or against legislation at the local, state, and federal levels. So, rally your staff and volunteers, and speak up, because your nonprofit can play an important role in impacting public policy.    Attorneys for this Episode  Brittany Leonard   Tim Mooney  Natalie Roetzel Ossenfort    The Importance of Lobbying  Big business often pays for expensive lobbyists to represent their interests in front of legislators, but normal community members cannot foot that bill. Nonprofits who lobby can step up and fill the void.   501(c)(3) public charities can use their experience, funding, and passion for their mission to represent communities by advocating for or against changes to law.   For example, Movement Advancement Project tracked the 2025 spring legislative session and found that every state except for Vermont had an anti-LGBTQ bill proposed but 88% of them did not become law. This was due in part to great nonprofits lobbying against these bills.   How Much Lobbying Can Public Charities Do?  Internal Revenue Code provides two ways for public charities to measure their lobbying limits  Default, Insubstantial Part Test: Public charities can lobby so long as lobbying is an "insubstantial part" of their overall activities (around 3-5% of total activities).  Activities based test, not dollar-based  Broad definitions of lobbying  501(h) Expenditure Test: Most public charities can opt in to using this test to measure their limits (as opposed to the insubstantial part test), and when they do, it provides a mathematical formula to calculate lobbying limits.  Dollar-based test (unpaid, volunteer activities don't count against limits)  Narrower definitions of what qualifies as lobbying  Many organizations can put up to 20% of their budget toward lobbying using the 501(h) election, but the exact amount depends on the organization's annual exempt purpose expenditures.    What is Lobbying?  The definition of lobbying depends on which of the two Internal Revenue Code tests your public charity uses to measure its limits  Insubstantial Part Test: anything that advocates for or against legislation at any level of government is lobbying. For example:  Advocating against a proposed ordinance in your city that would update the housing code in a way that would negatively impact the communities you serve  Supporting a ballot measure that would codify reproductive rights in your state's constitution  Talking to members of Congress to oppose the "Nonprofit Killer" bill  Engaging in advocacy in an attempt to influence what gets included in your state's budget  501(h) Expenditure Test  Direct Lobbying: Communication to a legislator (or their staff) that expresses a view on specific legislation. For example:  Calling your Senator to encourage them to vote for an upcoming bill that will give every family a free puppy  Emailing your State Rep's Chief of Staff to recommend an increase in funding for animal shelter improvements in the state's budget  Grassroots Lobbying: Communicating to the general public your organization's view on specific legislation with a call to action (only four types). For example:  Placing an ad in the newspaper that says "Call your Senator and express your support for legislation that would give every family a free puppy."  Putting a web form on your public charity's website that encourages supporters to input their name and zip code to have a letter in support of a state-level bill automatically sent to their legislators  What about a Threads post encouraging the public to vote in support of a local bond initiative or other ballot measure?  Direct Lobbying. Why? The public is a legislator in the ballot measure process, because the public decides whether the measure passes (and becomes law) or fails (does not become law).   Keep in mind that in addition to counting ballot measure advocacy against your lobbying limits, your ballot measure advocacy may also trigger state or local-level campaign finance reporting (since it happens in the election context).   Examples of activities that do not count as lobbying include education about legislation without expressing a view, advocating for or against executive agency action, for or against executive orders, public education with no call to action under 501h, litigation, etc.  Lobbying definitions can also vary according to state law.  State laws generally don't limit how much lobbying a public charity can do, but they do require lobbyist registration and reporting when certain thresholds are met.  State laws often define lobbying differently from the Internal Revenue Code and can include both legislative and executive branch advocacy activities.    Resources  Being a Player: A Guide to the IRS Lobbying Regulations for Advocacy Charities  Public Charities Can Lobby: Factsheet  State Law Resources: Nonprofit Lobbying Practical Guidance  501(h) Lobbying Limit Calculator

    18 min
  6. 2026 Resolutions

    JAN 7

    2026 Resolutions

    Happy 2026! As policy shifts and new advocacy opportunities emerge, the Bolder Advocacy team is here to guide nonprofits so they can continue to advocate boldly while remaining compliant and effective. We're kicking off the year with our Top 10 nonprofit New Year's resolutions to help your organization thrive.     Attorneys for This Episode  Monika Graham  Victor Rivera Labiosa  Natalie Roetzel Ossenfort    Top 10 2026 Resolutions:   1. Deepen Mission Alignment  Clarity fuels momentum. Revisit your mission statement to ensure that every project, partnership, and expenditure aligns directly with your core purpose.  The National Council of Nonprofits hosts a hub on its website that provides nonprofits with tools, research, and resources needed to operate a nonprofit more effectively, efficiently, and ethically.   2. Conduct an Advocacy Check-Up  Identify opportunities to enhance your organization's advocacy activities, and raise potential issues about compliance with the tax, lobby, election, and other laws that govern your work.  The Advocacy Check-Up is a self-assessment tool for 501(c)(3) public charities to review compliance with federal and state advocacy rules and identify opportunities to strengthen advocacy capacity.   3. Invest in Staff Well-Being  A supported team propels progress through good times and through bad. Prioritize mental health, provide professional development opportunities, and maintain a culture of appreciation. Encourage continuous learning to ensure that your team is constantly growing and expanding its expertise on the issues facing your communities and potential policy solutions.  For tips on how to better invest in staff well-being click here.   4. Strengthen Diversity, Equity, and Inclusion (DEI)  Commit to measurable actions to ensure your staff, board, and programs reflect and serve your community's diversity authentically.  Resources for strengthening DEI practices are available through the Philanthropic Initiative for Racial Justice and the Council of Nonprofits.   5. Improve Financial Transparency  Publish clear annual reports, be open about how resources are used, and communicate outcomes to maintain trust.  For tips on how to demonstrate clear financial accountability take a look at the NCN's post on financial transparency and public disclosure requirements.  6. Embrace Digital Transformation  Technology can amplify reach and efficiency. Adopt digital mechanisms for donor management, storytelling, virtual events, and operations.  Refer to BA's Influencing Public Policy in the Digital Age for best practices on engaging in online advocacy.   7. Build Sustainable Fundraising Strategies  Diversify revenue streams. Combine grants, recurring donations, sponsorships, private donors, and other opportunities for long-term financial health.  If you are a foundation interested in expanding your advocacy funding, explore our Focus on Foundations hub.  8. Measure What Matters  Data-driven decisions help refine focus and prove impact. Develop and track meaningful metrics that demonstrate actual outcomes.   Check out our Advocacy Evaluation Resources hub for sample benchmarks and guides to help your nonprofit assess its strengths, identify areas for growth, and become more effective in its advocacy.  9. Strengthen Community Partnerships  Collaborate rather than compete. Coalitions, community, local governments, and businesses can all amplify their missions through shared resources and reach.  Find other like-minded organizations and work in coalition to register voters ahead of the 2026 midterm elections and to advance legislative and other policy priorities.  Our Coalition Checklist provides information about common joint advocacy activities, resource sharing, and how to safely partner with other tax-exempt organizations.    10. Prepare for Midterm Elections  Remember: 501(c)(3) public charities may engage in nonpartisan voter education, issue advocacy, and civic engagement, so plan your election-season activities early to ensure the organization is impactful while remaining compliant.   Browse Rules of the Game: A Guide to Election Related Activities for 501(c)(3) Organizations for a deeper dive on best practices for engaging in nonpartisal election season advocacy.

    15 min
  7. Celebrating Advocacy Wins

    12/24/2025

    Celebrating Advocacy Wins

    It's been a long year, and while progressive movements have faced real setbacks, that's not the whole story. Across the country, nonprofits and the communities they serve pushed for justice and secured meaningful victories worth lifting up. On this episode, we celebrate several advocacy wins from 2025.   Attorneys for this episode:   Maggie Ellinger-Locke, she/her Susan Finkle Sourlis, she/her Melissa Marichal Zayas, she/her   Link: https://traffic.libsyn.com/rulesofthegame/ROTG147-celebrating-advocacy-wins.mp3   Show Notes:   ·      Economic Justice   o      In May, Washington became the third state to adopt a statewide rent stabilization law. Washington Low Income Housing Alliance and its network mobilized thousands of people to support passage of this legislation. o      Colorado enacted new renter protections for victims-survivors of gender-based violence nonprofits. The Women's Foundation of Colorado supported this legislation through direct lobbying, grassroots lobbying, and public education. o      Colorado also saw voters pass Proposition MM increasing taxes on the state's highest earners to fully fund free breakfast and lunch for all K-12 public school students. o      In Texas, Every Texan, a 501(c)(3) public charity, helped defeat the adoption of new Medicaid enrollment barriers. Every Texan also helped pass a law requiring hospitals to provide clear information to parents. ·      Gender and Reproductive Justice   o      Ipas US and its local partners, successfully advocated for the city and town councils of Philadelphia, PA; Baltimore, MD; Atlanta, GA; and Carrboro, NC to adopt resolutions or proclamations that recognize  reproductive rights as human rights, acknowledge the obligation of the U.S. to protect human rights under international law, and declare December 10th as Human Rights Day. They also championed similar executive proclamations issued by the mayors of Mount Rainer, MD, and Austin, TX. These victories reflect a growing movement to recognize abortion as a human right at the local, state, and federal level. ·      In Montana, transgender youth and medical providers, represented by counsel including the ACLU of Montana and Lambda Legal, won a lawsuit challenging a state law banning evidence-based care for children experiencing gender dysphoria. The Montana Supreme Court ruled the law unconstitutional, ensuring Montana's transgender youth continue to access to medical treatment, despite the U.S. Supreme Court's recent ruling in U.S. v. Skrmetti.   ·      Democracy and Voting Rights   o   Nonprofit Vote and its partners helped 300,000 voters register or update their registration on National Voter Registration Day 2025. In New York, HeadCount's youth-led community engagement helped the state register nearly twice as many voters as were registered during 2024's National Voter Registration Day. o   Nonpartisan voter registration drives like the one led by Nonprofit Vote can help increase voter turnout, and it did just that in several November elections, including races in New York, New Jersey, and Pennsylvania. o   In Maine voters rejected Question One, a ballot initiative that would have imposed strict voter ID requirements and gutted the state's popular vote-by-mail system, keeping intact one of the most inclusive voting infrastructures in the country. ·      Advocacy Reminders   o   Legislative resolutions and proclamations voted on by lawmaking bodies are considered legislation by the IRS, while executive proclamations and orders are issued by mayors, governors, or the President are not considered legislation by the IRS. Seeking the passage of executive proclamations and orders does not count as lobbying under federal tax law. o   When seeking to influence legislation, track your lobbying based on the lobbying test your organization follows—either the insubstantial part test or the 501(h) expenditure test—stay within your organization's lobbying limits. Also be sure to review the lobbying disclosure rules for the jurisdiction you're lobbying in to confirm any additional registration and reporting requirements. o   501(c)(3)s can support democracy by engaging in nonpartisan voter registration drives, get-out-the-vote campaigns, and other educational activities that encourage voter participation. Always check your state's voter assistance rules before registering voters or assisting voters in other ways. o   501(c)(3) private foundations can support nonpartisan voter engagement, but they must follow special rules when funding voter registration. o   Ballot-measure campaigns offer communities opportunities to bypass legislatures and taking their issues directly to voters. The IRS classifies ballot-measure advocacy as direct lobbying under the 501(h) expenditure test. Remember to review the campaign finance rules for the jurisdiction where the measure will be on the ballot because they may require registration or reporting.   ·      Conclusion   o   It's not just about whether we win, but how we win. By taking the time to stop and reflect on our advocacy campaigns, we ensure that we continue to stay grounded and prepared for the fight ahead. So raise a glass and cheers, there are so many more victories to look forward to! 🥂   Resources: Public Charities Can Lobby What Nonprofits Need to Know About Lobbying in Your State Election Checklist for 501(c)(3) Public Charities Nonprofit Voter Assistance Series Voter Registration Rules for Private Foundations Election Year Activities for 501(c)(4) Social Welfare Organizations Ballot Measure Toolkit

    15 min
  8. Nonprofits Under Siege: Don't Panic, Prepare!

    12/10/2025

    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

    21 min
See All (100)

5
out of 5
26 Ratings

About

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. Entertaining legal education, not legal advice!

Information

You Might Also Like