Rules of the Game: The Bolder Advocacy Podcast

Bolder Advocacy
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  • NON-PROFIT
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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. Ask Us Anything: Voter Registration

    3D AGO

    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
  2. 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
  3. 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
  4. 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
  5. 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
  6. Giving Thanks

    11/26/2025

    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

    13 min
  7. Election Season Prep

    11/12/2025

    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

    27 min
  8. Ask Us Anything

    10/29/2025

    Ask Us Anything

    As we head into the final stretch of 2025, we're back on the mic to tackle some of the most common questions we hear about accountability advocacy. Whether your organization is calling out broken promises, uplifting community voices, or demanding action from those in power, this episode is all about giving nonprofit organizations the clarity, confidence, and tools to hold public officials accountable boldly and legally.    Attorneys for this episode  Natalie Ossenfort  Monika Graham  Victor Rivera    Shownotes Can 501(c)(3) organizations participate in protests or rallies that are critical of the current administration without jeopardizing their tax-exempt status?  Yes, 501(c)(3) organizations can legally participate in protests or rallies that are critical of the current administration or its recent decisions as long as the advocacy connects to the organization's charitable purpose and the activities remain nonpartisan.  What's Allowed:  Protesting specific policies, laws, or actions taken by elected officials or government agencies  Organizing or participating in rallies that align with the organization's mission (e.g. immigrant rights, environmental justice, LGBTQ+ protections)  Naming elected officials and holding them accountable for their actions taken in their official capacity  Consulting with counsel about applicable laws and best practices  What's Not Allowed:  Endorsing or opposing a candidate running for office, including incumbents up for reelection, even implicitly like connecting a stance on a specific issue and a political party or candidate (e.g. "Vote Pro-Choice")  Participating in protests that are clearly organized by or for/in coordination with candidate campaigns or parties  Timing a protest to coincide with an election with the intent to influence the outcome  Violating any federal, state, or local laws, engaging in criminal activity such as unlawful assembly, disorderly conduct, obstruction of law enforcement, or inciting or aiding illegal acts    As the new Supreme Court term begins, are 501(c)(3)s allowed to educate the public about pending cases? What about organizing social media campaigns in response to recent decisions?  Yes, 501(c)(3) organizations are absolutely allowed to educate the public about Supreme Court cases, including pending decisions, and to organize social media campaigns in response to recent rulings.  But it may be wise to exercise best practices to ensure the work remains in compliance with IRS rules and regulations.   What's Allowed:  Explaining the case's impact on the organization's mission and/or the community it serves  Highlighting real stories, lived experiences, and systemic impacts to make the stakes unmistakably clear  Publishing statements, issuing press releases, writing blog posts, speaking to the media, and launching social media campaigns to share the organization's position on an issue   Drafting or joining others in filing an amicus brief   What's Not Allowed:   Using language that directly or indirectly supports or opposes a candidate or group of candidates.   Statements suggesting how to vote in an upcoming election in response to a Supreme Court (or other court's) decision.  To what extent can 501(c)(3) organizations engage in accountability advocacy? Are there specific guidelines when it comes to holding power accountable?    Yes, 501(c)(3) organizations can engage in accountability advocacy so long as the work remains nonpartisan and mission aligned. Holding public officials accountable for the impact of their actions is not political; it's principled. And it is not only legal, but a vital expression of a nonprofit's responsibility to the communities it serves.  What's Allowed:   Criticizing or praising policies, actions, and decisions made by public officials  Demanding transparency, equity, and accountability from Congress and administrative agencies  Using creative, nonpartisan ways to engage in advocacy through art and collaboration (e.g. Create a "Wall of Faces" featuring images and stories of people who have been personally impacted by recent policy changes)  What's Not Allowed:   Using language that suggests an elected official is not well suited for public office  Linking policy criticisms directly to upcoming elections or campaigns  Explicit or subtle suggestions about how individuals should vote in response to an elected official's actions    If you had to make one recommendation for groups wanting to engage in accountability advocacy, what would it be?  Engage responsibly during election season: As you may know, Nov. 4 is election day in many places so we just wanted to give a friendly reminder that while 501(c)(3) organizations cannot support or oppose candidates, they can participate in nonpartisan activities—such as voter education, Get Out the Vote (GOTV) efforts, and issue awareness campaigns—focused on empowering voters and strengthening civic participation. Remember to only share materials or resources that are 501c3-safe and to train your staff and volunteers before engaging in an election-related activity.  Stay mission-aligned and consistent: Focus your advocacy on issues that directly reflect your organization's mission, and comment on them consistently (not just when an election is near)  Get loud and amplify your message: Use social media strategically to highlight your stance, mobilize supporters, and hold decision-makers accountable. Remember, it is an inexpensive yet powerful way to expand your reach and impact.     Resources Rules of the Game: A Guide to Election-Related Activities for 501(c)(3) Organizations  Influencing Public Policy in the Digital Age  Accountability Advocacy for 501(c)(3)s   ROTG #142: SCOTUS Term Preview and Advocacy for 501(c)(3)s  Haunted by the Chaos? Perfect. Let's Talk Accountability Advocacy

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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!

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