Explore every episode of the podcast Rules of the Game: The Bolder Advocacy Podcast
| Title | Pub. Date | Duration | |
|---|---|---|---|
| Litigation | 21 Aug 2024 | 00:17:35 | |
As we’ve talked about on previous editions of the pod, advocacy includes a wide array of different options to help change things for the better in our communities. One of the more important, but less discussed methods, is litigation. On this episode, we dive into the role litigation plays in nonprofit advocacy, its treatment under the law, and things to think about if your nonprofit is looking to use this tool for good.
Lawyers for this episode Natalie Ossenfort Tim Mooney Quyen Tu
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| Student Advocacy | 07 Aug 2024 | 00:15:28 | |
In this episode of the podcast, we explore the importance of student advocacy and voting. Additionally, we discuss how 501(c)(3) organizations can engage in advocacy efforts during election season. Joining us today is Ally, our Bolder Advocacy legal intern, to answer questions about the impact of student advocacy on campus.
Hosts: Susan Finkle Sourlis (Attorney) Monika Graham (Attorney) Alexandra Roseberry (Intern)
Resources:
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| Election Season Advocacy: What Your Foundation Needs to Know | 03 Apr 2024 | 00:17:09 | |
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, they should avoid supporting or opposing measures and earmarking grants for that purpose.
Resources · Investing in Change: https://afj.org/resource/investing-in-change-a-funders-guide-to-supporting-advocacy/ · Community Foundations o Rules of the Game a Guide to Election Related Activities: https://afj.org/resource/the-rules-of-the-game-a-guide-to-election-related-activities-for-501c3-organizations/ o Election Checklist for Public Charities: https://afj.org/resource/election-checklist-for-501c3-public-charities-ensuring-election-year-advocacy-efforts-remain-nonpartisan/ · Private Foundations o Voter Registration Rules for Private Foundations: https://afj.org/resource/voter-registration-rules-for-private-foundations/ o Voter Engagement Messaging and Activities for Private Foundations: https://afj.org/resource/voter-engagement-messaging-and-activities-for-private-foundations/ · Election Activities of Individuals Associated with Private and Public Foundations: https://afj.org/resource/election-activities-of-individuals-associated-with-501c3-organizations/ · 4/17 Public Webinar on Foundations and Election-Related Activities: https://secure.everyaction.com/7TbHTruU2EOizr289QaNUw2?emci=c121c8f7-80eb-ee11-aaf0-002248223794&emdi=d570d8a8-0fed-ee11-aaf0-002248223794&ceid=2918047
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| Ask Us Anything | 20 Mar 2024 | 00:12:48 | |
On this edition, we answer some of those “greatest hits” questions we always talk about in the intro every week. And since we have primaries and spring elections coming up, we decided to do an all-elections episode to get you ready for your election season advocacy.
Lawyers for this Episode Sarah Efthymiou Susan Finkle Sourlis Tim Mooney
Shownotes “Can our 501(c)(3) invite a candidate to speak at our fundraising event?” “In Oregon, we have 5 of our 7 Supreme Court seats up for election this spring, but since the candidates are nonpartisan I was wondering if our (c)(3) can endorse? Are they like ballot measures?” “We know that 501c3s cannot encourage or engage in activity that would support or oppose a candidate for elected office. But what if the c3 asked voters to vote uncommitted? Is that the same thing?”
Resources The Rules of the Game: A Guide to Election-Related Activities for 501(c)(3)s Running the Advocacy Race: Bolder Advocacy’s Top Resources for an Impactful 2024 Election Season Hosting Candidates at Charitable Events Election Checklist for 501(c)(3) public charities
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| Bold AF with Vu Le | 06 Mar 2024 | 00:38:51 | |
For our 100th episode, we are excited to chat with the incomparable Vu Le of Nonprofit AF. Vu brings his unique blend of insight, humor, and a pinch of provocation to the table, all wrapped up in the perspectives you've come to know from his writing. Vu is a treasure trove of wisdom for the nonprofit world and his takes are all his own and don't necessarily reflect those of Alliance for Justice. A huge thank you for listening (and occasionally watching) our brand of spicy tax law for these 100 episodes, and what a better way to celebrate than with a guest who's not afraid to shake things up all in the name of progress and passion for the cause. Watch on the Bolder Advocacy YouTube Channel
• Introduction to Vu Le: His background and approach to writing about the nonprofit sector. • Humor and Seriousness in Nonprofit Work: The balance between using humor and addressing serious topics in the sector. • Finding One's Voice in the Nonprofit Space: Advice on how to develop a unique voice and perspective. • Critiques of Nonprofit and Philanthropy Practices: Vu's views on overhead costs, salary transparency, lack of investment in advocacy, and the need for nonprofits to challenge conventional practices. • Role of Funders and Power Dynamics: Discussion on how funders influence the nonprofit sector, the concept of "funder fragility," and the push for transparency and honesty in grantmaking. • Advocacy and Legal Challenges: The importance of advocacy work, the challenges faced by nonprofits in political environments, and the need for legal support. • Celebrating Nonprofit Achievements: Acknowledgment of the sector's vital role in societal progress and the need for greater appreciation and support. • Predictions and Challenges for the Future: Reflections on the sector's future challenges, including political influences and the need for a unified response to societal issues.
Read more of Vu’s work at Nonprofit AF. | |||
| The Connection | 21 Feb 2024 | 00:13:29 | |
On this episode, we discuss The Connection, Bolder Advocacy’s go-to guide on how to create and operate 501(c)(3)s, 501(c)(4)s, and political organizations. In 2024, we release our 5th edition of The Connection and include several important updates your nonprofit needs to know about as we move into a contentious election season. If your nonprofit has questions about how to safely operate affiliated organizations or how to boost civic engagement in coalition with organizations that have a different tax-exempt status than your own, The Connection has the answers.
Attorneys for this show Natalie Ossenfort, Sarah Efthymiou, and Susan Finkle-Sourlis
Show Notes · The Connection is one of Bolder Advocacy’s core advocacy resources. o It pairs well with: § “Being a Player” (guide to lobbying regulations for advocacy charities) § “The Rules of the Game” (guide to election-related activities for 501(c)(3)s) o This is the go-to resource for organizations on how they can amplify their impact and build grassroots power by utilizing multiple types of tax-exempt entities to address social problems and pursue policy change. o It discusses the best practices you need to know about when working with 501(c)(3)s, 501(c)(4)s, and PACs o The Connection was first published in 1988 and is primarily authored by Holly Schadler at Trister, Ross, Schadler, and Gold (with contributions from several of her teammates and allies in the field) o 5th Edition releasing end of February or early March 2024
· What can you find in THE CONNECTION? o Details on several different types of tax-exempt organizations and the advocacy activities they can engage in o The rules 501(c)(4)s need to know when lobbying and engaging in political activities o Information on how to create and operate affiliated c3 and c4 organizations (including a step-by-step overview of c4 formation procedures) o The rules governing PACs (including state PACs federal PACs and 527s) o Sample cost sharing agreement, sample 501(c)(3) public charity to 501(c)(4) grant agreement, information on the Lobbying Disclosure Act, and more!
· What’s new in the 5th edition? o Information on new FEC disclaimer requirements for “internet public communications” o Social media guidance for affiliated 501(c)(3) and 501(c)(4) organizations o Details on a recent FEC ruling impacting the use of disclaimers for text messaging o Requirements for Super PACs and hybrid PACs (also known as Carey Committees)
· "The Connection” also contains several concrete examples to illustrate how the rules apply in real-world scenarios (utilizing fictional tax-exempt organizations, of course). o These examples answer questions like: § What happens when a 501(c)(3) wants to make a grant to its affiliated 501(c)(4) for an educational research project? § What happens when a 501(c)(3) conducts a nonpartisan voter registration drive and wants its affiliated 501(c)(4) to have access to the list of registered voters? You’ll find out in “The Connection” that it can’t just give the list to its affiliated 501(c)(4) at no charge, but it could in some instances (when allowed under state law) sell its list at fair market value via an arms-length transaction. § And, what happens when a c4 publishes a monthly magazine on mission-related issues and then, in one edition of the magazine, decides to include an article about its candidate endorsements?
· There are examples of required disclaimers for independent expenditures and electioneering communications too. o Brand new FEC regulations, published in January of this year, clarify what types of communications fall within the definition of “internet public communications” and what types of disclaimers are required when these communications expressly advocate for the election or defeat of federal candidates. o The latest edition of “The Connection” addresses how the law requires these disclaimers to be adapted for different communication formats. Whether it’s a communication including text and graphics, a video, or an audio-only statement, disclaimer requirements vary. o As such, “The Connection” is not only good for frontline nonprofit advocates, but for Communications, HR, and Accounting staff too!
Resources The Connection (Strategies for Creating and Operating 501(c)(3)s, 501(c)(4)s, and Political Organizations) Being a Player (A Guide to the IRS Lobbying Regulations for Advocacy Charities) The Rules of the Game (A Guide to Election-Related Activities for 501(c)(3) Organizations) | |||
| Grassroots Advocacy | 07 Feb 2024 | 00:19:09 | |
Exploring grassroots advocacy and the various activities that grassroots organizations can use to advance their mission and bring about positive policy change. Attorneys for this Episode Monika Graham Natalie Ossenfort Victor Rivera Shownotes Introduction | |||
| Nonpartisan Election Year Advocacy | 24 Jan 2024 | 00:21:51 | |
On this episode, we discuss best practices for 501(c)(3) public charities conducting advocacy and nonpartisan activities, like get out the vote or voter education activities during an election year. Election year is upon us and the presidential primaries and caucuses, and primaries for other elected offices are starting to take place and will continue through the November General election. Attorneys for this show Monika Graham, Susan Finkle-Sourlis, and Leslie Barnes Show Notes · May 501c3 public charities advocate in an election year? How can a public charity be involved in an election? · Types of nonpartisan activities that a 501(c)(3) may conduct include: o Educating voters and candidates on the issues that are important to the people/community the organization serves. o Mobilizing voters and supporting democracy o Hosting candidate debates and forums o And much more
· What are the IRS regulations surrounding advocacy and democracy work o IRS has held that supporting democracy is a charitable activity, 501(c)(3)s have a role to play in our elections! o Activities must further the organization’s charitable mission o Activities must remain nonpartisan, cannot support or opposition of candidates running for public office
· The Facts and Circumstances test to determine whether or not communications or activities are nonpartisan. o The IRS applies a “facts and circumstances” analysis to determine whether a charity’s communication is conducted in a nonpartisan manner or is really a veiled attempt to support or oppose candidates. o When the IRS says “support or opposition” of candidates, that prohibition is broader than the explicit act of giving money to a campaign or saying outright that you should vote or not vote for a candidate. It’s not a bright line rule. o Analysis is required across the spectrum of risk. It is an assessment of the risk.
· Discussion of the elements of the Facts and Circumstances Test. o Does the communication refer to a candidate or election? o Timing, upcoming election or is there another event outside of the organization that happened? o Organization is discussing its core issues? Or is it comparing the organization’s issues to a candidate’s position? o Who are you talking to? Who is the audience? Who are you targeting? o Do you have a track record of discussing the issue? o Are you discussing a wedge issue? What is a wedge issue?
** The discussion of this topic is from the view of 501(c)(3) public charities. Other types of nonprofits, like 501(c)(4)s do have the ability to undertake partisan activities as a secondary purpose.
Resources Rules of the Game – Guide to nonpartisan election related activities for 501(c)(3)s Comparison of 501(c)(3) and 501(c)(4) Permissible Activities – Chart Praising and Criticizing Incumbents - Factsheet | |||
| Ballot Measure Insights | 10 Jan 2024 | 00:25:26 | |
On this edition, we're thrilled to welcome Emma Olson Sharkey from Elias Law Group, bringing her fresh perspective after successfully guiding clients to victory in the critical 2023 Ohio reproductive rights ballot measure fight. Emma will help shed light on the essential considerations for tax-exempt organizations before taking the plunge into a ballot measure campaign. Attorneys for this Episode Quyen Tu Tim Mooney
Shownotes
· Introducing Emma · Lessons from Ohio: o Progressives can work together to protect fundamental rights – and can be successful, even in states where conservatives otherwise control the state. o We are seeing conservatives attack the ballot measure process at every point in the process. We need to think about what we can do to bolster our efforts from the very beginning to defend against attacks. · · Ballot measure considerations Two major considerations: state campaign finance obligations and federal tax implications: o State campaign finance rules: § Registration & reporting obligations § Is there already a main ballot measure committee? § Do you want to be an independent expenditure committee? · Will you trigger registration or reporting by your planned activity? o If so, will this include donor disclosure? § Disclaimer obligations (including those you might not have thought of) - both for entities themselves and top donors. o Also, need to be careful about implicating federal campaign finance rules – even referencing federal candidates or parties in communications could create coordination issues and lead to inadvertent in-kind contributions. § Advocacy and education outside of registration/reporting requirements · Typically, communications to the public on the general subject addressed by the ballot measure, which do not refer directly or indirectly to the ballot measure itself, will not be regulated by state campaign finance. · However, state laws vary so you should check state and local law to confirm. o Federal tax implications: § In general, for public charities, advocating for or against ballot measures will be considered “lobbying” under federal tax law; public charities can only do an “insubstantial” amount of lobbying. · If the organization measures its lobbying under the 501(h) expenditure test, it will need to count work on a ballot measure as direct lobbying once a petition is circulated among voters for signatures. · If the organization measures its lobbying under the insubstantial part test, the IRS has provided less clarity; generally “influencing legislation.” · Communications to the public on the general subject addressed by the ballot measure, which do not refer directly or indirectly to the ballot measure itself, will generally not be considered lobbying. § Since 501(c)(3) organizations can only do an “insubstantial” amount of lobbying, many entities that engage in ballot measure work are organized as 501(c)(4) organizations, which can do unlimited lobbying under federal tax law. Also considered “primary purpose” activity.
Resources
· Bolder Advocacy Ballot Measure Toolkit
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| Nonprofit New Year's Resolutions | 27 Dec 2023 | 00:15:30 | |
On this episode, we’re going to talk about those pesky new year’s resolutions… and no, we’re not talking about signing up for a gym membership or signing up for a marathon. We’re talking about resolutions that nonprofit organizations can apply as we enter into the year 2024. As you all know, 2024 is like Stefon from SNL, it has everything…primaries, general elections, an additional day… So as you are headed for your holiday break, we wanted to leave you with a list of things your nonprofit organization can do as we head into the new year.
AFJ Team Members on this Episode: Natalie Ossenfort Monika Graham Victor Rivera On this Episode: Top ten things your nonprofit organization can do to maximize its advocacy in 2024: [drumroll] Host an elections training for staff ahead of the 2024 primaries and general election. Remember that while 501(c)(3)s are not permitted to support or oppose candidates for public office, they CAN engage in nonpartisan election-related activities. Bolder Advocacy can help you navigate the do’s and don’ts with an elections workshop. Request a private workshop through our website or check out one of our many 2024 public webinars. Consider organizing a GOTV campaign or voter registration drive. Check voter registration deadlines that apply to primaries and general election. Brush up on your state’s voter engagement and registration laws. Check out our Practical Guidance – Voter Assistance series, created in partnership with The Democracy Capacity Project. Remember that all 501(c)(3) voter registration efforts must be nonpartisan. Prepare staff and volunteers to NOT answer the question: “Who should I vote for?” Offer services to all. Avoid partisan targeting. Invite members of your coalition to participate in a voter education campaign, which could include a nonpartisan candidate questionnaire and/or voter guide. Guidelines for creating 501(c)(3) safe candidate questionnaires and voter guides include: Use unbiased, open-ended questions (distributed to ALL candidates). Cover a broad range of issues. You’ll also want to avoid comparing your organization’s position on an issue to where candidates stand. Publish all responses impartially and equally (with no editing or variations in font, formatting, etc.), and make the final guide generally available to the public. Remember NOT to include candidate pledges. Also, do not coordinate with candidates and campaigns. Just remember, facts and circumstances matter, so consult with Counsel if you have any questions regarding your specific voter education activities. Organize events inviting public officials to speak during election season. Remember to make the distinction between a candidate appearance and an incumbent appearance. Candidate appearances: must invite all viable candidates, avoid expressing support or opposition for candidate, do not allow candidate fundraising, and ensure compliance with state and federal election laws. Policymaker appearances (in official capacity, unrelated to candidacy): No equal opportunity required, but make sure you’re working with official staff (not campaign staff) and that you reiterate to the incumbent and their staff in writing that you are a 501(c)(3) that is not allowed to support or oppose candidates. Incumbents who are also candidates should not mention their candidacy at your event. And you should also avoid speaking to their upcoming election and focus, instead, on their official acts as policymakers. If you are a 501c4, consider making independent expenditures or coming up with a list of endorsements. 501(c)(4)s can engage in partisan political activity as a secondary activity of the organization, but they are prohibited from making candidate contributions and coordinating activities with federal candidates and campaigns (under federal election law) and are oftentimes subject to similar prohibitions at the state and local level. IE’s and other partisan activity may trigger campaign finance reporting. If your 501(c)(4) has an affiliated 501(c)(3), remember that 501(c)(3)s can’t support or oppose candidates. This means that any (c)(4) partisan work should be kept entirely separate from any joint projects you may have between your organizations and be carried out with (c)(4) resources ONLY. Don’t forget… you can continue to advocate or lobby for issues that are central to your organization’s mission! Know your organization’s lobbying limits. Be aware of state and local lobbying laws that might apply to your work. Our State Practical Guidance - Lobbying series (created in partnership with the Democracy Capacity Project) now includes state-level guidance for all 50 states and DC. Educate supporters, policymakers, allies, and other interested parties about the current policies and problems affecting your community. Produce resources that reflect the real story of your community and its needs. If you’re a 501(c)(3), avoid comparing your organization’s position on an issue to where the candidates or parties stand on that issue. Have a track record of working on the issue. Talk about issues as they arise, as opposed to timing your issue-based communications to coincide with upcoming election dates. Avoid suggesting how voters should vote or mentioning the election in relation to your issue advocacy. Don’t be afraid to comment on candidates or campaigns, but remember the facts and circumstances matter. To avoid impermissible partisan activity, 501(c)(3)s should: Focus on what was said (the issue), not who said it (the candidate). Avoid discussing a candidate’s record or qualifications. Avoid talking about voters and making references to upcoming elections. Avoid identifying candidates by name. Issue disclaimers / reminders of your (c)(3) status and inability to support or oppose candidates for public office. Make sure any staff who speak on behalf of the organization are well-trained and understand the rules. Write an Op-ed and share your expertise on an issue that is core to your nonprofit’s mission, and establish your organization as a trusted thought leader. Launch or engage in litigation to challenge an unconstitutional law Litigation is different from lobbying and not subject to c3 lobbying limits. Remember that state and federal courts matter. To learn more about your state courts or the federal judiciary, visit www.afj.org.
Resources: Practical Guidance – Lobbying Series Practical Guidance – Voter Assistance Series Commenting on Candidates and Campaigns Factsheet Hosting Candidates at Charitable Events Factsheet Public Charities Can Lobby Factsheet | |||
| Firewalls & Programmatic Independence | 13 Dec 2023 | 00:17:30 | |
On this episode, we discuss best practices for working in coalition and with affiliated organizations and the importance of firewalls to 501(c)(4)s that engage in independent expenditures. Attorneys for this show Monika Graham, Susan Finkle-Sourlis, and Leslie Barnes Working in Coalition – Affiliated Organizations · Maximize advocacy and resources · 501(c)(3) and 501(c)(4) activities · Establishing legal, financial, and programmatic independence o Separate names, logos, EIN, and activities o Cost sharing agreements o Separate or joint websites and social media accounts o Timesheets o Branding matters Firewalls – 501(c)(4)s and political organizations, candidates and committees · What are independent expenditures? · Why are independent expenditures important? · Establishing firewalls to protect against impermissible coordination · Safe harbors for permissible communications · FEC firewall policy
Resources Please check out the resources listed below and our extensive resource library at bolderadvocacy.org for more information on this topic. We hope you join us on a future episode of the podcast! The Practical Implications of Affiliated Organizations Working Together: Affiliation and Coalition Basics FEC guidance on independent expenditures and firewalls
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| Advocacy Successes 2023 | 29 Nov 2023 | 00:19:04 | |
On this episode we’re excited to highlight nonprofit success stories from around the country. While we talk about lobbying on this podcast, legislative wins are one type of advocacy victory. We’ll look at some legislative victories as well as other types of advocacy such as relationship building, corporate advocacy, and funding wins. For some organizations, legislative victories can bring additional resources to your community. For other organizations, legislative victories can serve as harm reduction in the interim while we build a multi-racial democracy. We’ll also highlight strategies for talking about advocacy success to your donors and community.
Lawyers for this episode Leslie Barnes Sarah Efthymiou
Ballot Measure Victories · Ohio Issue 1 o Double digit victory o Intersectional coalition work of grassroots organizations o Ohioans for Reproductive Freedom was one coalition of community-led nonprofits ranging from faith-based organizations, to racial justice and transgender rights nonprofits, from labor organizations to trade associations. · Other states that led the way on democracy-related measures Ballot measure recap by Victor Rivera Labiosa California Legislative Victories – “Hot Labor Summer” · SB 616, paid sick leave o CA Work & Family Coalition, a coalition of community nonprofits o Part of the coalition’s strategy involved gathering variety of voices to be heard by collecting stories and bringing those voices to the policy makers.
· SB 525, minimum wage increase to $25/hour for CA’s lowest-paid health care workers o SEIU United Healthcare Workers West
Organizing Victories – Equitable compensation · Black Leadership Action Coalition of Kentucky (BLACK) and Advocacy Based on Lived Experience (ABLE) 2 grassroots organizations · Adopted policies that center impacted community members in their work by compensating directly impacted volunteers for contributing their lived experiences and community organizing skills. · See guest blog below in shownotes
Strategies for talking to funders · Follow your funder’s lead · Investing in Change for other metrics to measure success · Don’t take credit candidate victories
Resources · Ballot Initiative Strategy Center – Ballot measure hub tracking challenges to direct democracy, past and upcoming ballot measures · Democracy in Action: Analyzing November’s Key Ballot Measure Wins · Two-part piece on Equitable Compensation Alicia Hurle o The Power of Equitable Compensation in Community Organizing Spaces | |||
| Ask Us Anything | 24 Jul 2024 | 00:17:23 | |
We are back again with another edition of Ask Us Anything where we select some of the most popular questions we've received lately to answer on the pod. We are also thrilled to introduce Bolder Advocacy's two newest attorneys Brittany Hacker and Melissa Marichal Zayasas they join us on the pod.
1. Effective Ways for 501(c)(3) Private Foundations to Advocate During Election Season: • Voter education • Issue advocacy • Conducting research and publishing reports • Making grants to public charities 2. Can Nonprofits Endorse Candidates Up for Election? • Differences in rules for 501(c)(3) and 501(c)(4) organizations • Nonpartisan activities for 501(c)(3) organizations 3. Nonpartisan Voter Education Through Candidate Questionnaires: • Guidelines for creating and distributing candidate questionnaires • Best practices for maintaining nonpartisanship 4. Responding to Misinformation as a 501(c)(3) Organization: • Issue advocacy and focusing on the issue rather than the candidate • Sharing educational resources without partisanship • Best practices for communication during election season | |||
| Foundation Funding Tips for Public Charities | 15 Nov 2023 | 00:21:07 | |
On this episode, we’re going to talk about funding… More specifically, how your nonprofit can raise dollars from private and public foundations to support your advocacy work. We’re joined on this episode by Emily Harting, AFJ’s Director of Foundation Relations.
AFJ Team Members on This Episode: Emily Harting, Natalie Ossenfort, Victor Rivera
Introducing Emily Harting
Tips for Groups Working to Identify Potential Foundation Partners:
Other Avenues for Foundation Research:
Foundation Outreach Recommendations:
Best Practices When Preparing for a Meeting with a Potential Foundation Partner:
Proposal Process:
What About General Operating Support (GOS)?
Other Practical Tips:
Resources:
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| PAC Taxonomy | 01 Nov 2023 | 00:14:30 | |
On this edition, we revisit PACs by talking about three different categories you run into every election cycle. What makes a Super PAC super? What can a traditional PAC do? And will the IRS revoke your tax-exempt status if your charity has to register or form a ballot measure PAC? We’re delving into PAC taxonomy to answer these questions today!
Lawyers for this episode Tim Mooney Susan Finkle Sourlis Quyen Tu
Shownotes Defining the various types of PACs. We came up with two approaches. 1. What activity you want to undertake? 2. What kind of money you want to raise and in what amount? What is your priority? If you want the most freedom in activities, then there are more restrictions on fundraising or vice versa. We’re covering three types of PACs: 1. Super PACs sometimes called IE PACs 2. Traditional PACs (could be state or federal) 3. Ballot Measure PACs
Resources Seize the Initiative: A Legal Guide on Ballot Measures for Nonprofits and Foundations Ballot Measures and Recalls: Basic Rules for 501(c)(3) Public Charities, 501(c)(4)s, and Unions 501(c)(3) Public Charities and Ballot Measures Ballot Measures Toolkit (compilation of resources) Nonprofit Requirements for California Ballot Measures (flow chart) Ballot Initiatives: How Nonprofits Can Stand Up for Direct Democracy (blog) A New Future for Reproductive Rights: Ohio’s Critical Elections (blog) Nonprofit Coalition Helps Extend Health Insurance Coverage to 90,000 Nebraskans (blog) Ballot Measure Committees: Campaign and Registration Requirements (California Secretary of State) What is a California Ballot Measure Committee? (from the Fair Political Practices Commission) | |||
| Project Grant Rule | 18 Oct 2023 | 00:26:19 | |
On this episode we explore ways foundations can support civic engagement projects, including lobbying. Many listeners may be familiar with general operating grants, but today we’re joined by an expert to share with us a secret weapon called the project grant rule, what it is, how it works, and who can benefit. 1. What is unique about project grants? 2. Why did the Robert Wood Johnson Foundation and Bolder Advocacy partner to create the Project Grant Rule Hub for foundation and projects of public charities? 3. What resources will visitors find at the Project Grant Rule Hub? 4. Can project grant dollars really be used by projects for legislative campaigns and lobbying? 5. Are there any tips you can share about using the Project Grant Rule for foundations? 6. What tips do you have for grantees who receive a project grant?
Resources Videos Explainer videos on the project grant rule in English En español: ¿Qué es el Project Grant Rule?n For Foundations – How to Use the Project Grant Rule For Grantees – How to Use the Project Grant Rule Written Resources Project Grant Rule Budget Templates
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| Ask Us Anything | 04 Oct 2023 | 00:12:17 | |
On this episode, it’s another round of your questions on all things advocacy! This time we tackle sign-on letters and election activity.
Attorneys for this Episode Monika Graham Tim Mooney Victor Rivera
Shownotes
Sign-On Letters We are currently working on a sign-on letter to build a wide coalition of supporters for a bill. Our goal is to have 500 partners sign on and for it to be sent to legislators and ask them to pass a certain piece of legislation. So it is indeed lobbying. The question for you is, are foundations allowed to sign on to such letters?
Praising and Criticizing Incumbents In connection with issue advocacy, an organization may want to praise or criticize an elected public official for their actions, regardless of whether or not the official is also a candidate in an upcoming election. Is it OK to comment on the actions of elected officials if they are also candidates in an upcoming election?
Organizing a Candidate Debate or Forum An organization is interested in organizing a candidate debate for a local race. Do we have to invite all candidates? What if only candidates from one party accept the invitation?
Is Nonpartisan Voting Information Now Partisan? Early voting is starting in Virginia, and we wanted to make sure our community knows about it. But whether it’s early voting at the polls or vote by mail, it feels like this has become a partisan issue in the last few years. Is it ok for a 501(c)(3) to give out this information?
Resources
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| Funding Voter Registration | 20 Sep 2023 | 00:05:08 | |
On this episode, continuing our celebration of yesterday's national voter registration day we're revisiting a segment of our foundation myth busting episode all about funding nonpartisan voter registration drives.
Lawyers for this episode Tim Mooney Natalie Ossenfort Jen Powis
Shownotes MISCONCEPTION: Foundations can’t fund public charity voter registration drives · Both private and public foundations can fund the NONPARTISAN voter registration activities of public charities, but the rules for private foundations can be a bit complicated... · VR Drive must be nonpartisan, over multiple election cycles, in five or more states and cannot be subject to conditions requiring use of the funding in a specific state or election cycle. · There are also requirements related to the grantee’s finances (e.g. at least 85% of organization’s income must be spent on activities relating to the purposes for which it was organized) · Public charities can receive an advanced ruling from IRS certifying their ability to receive private foundation voter registration grants (confirms that organization meets the requirements of sec. 4945(f) of tax code)
Resources Foundation Advocacy Grants: What Grantees Need to Know Investing in Change: A Funder’s Guide to Supporting Advocacy
This segment was originally podcast June 23, 2021. | |||
| Voter Registration Revisited | 06 Sep 2023 | 00:12:59 | |
Did you know that 60% of eligible voters are never asked to register to vote? Couple this startling fact with many new voter registration rules that have been introduced since the 2020 election—in many instances, to make it harder to register or stay on the voter rolls—we thought it was time to revisit this topic. This year, National Voter Registration Day is September 19 so there’s no time like the present for nonprofits to develop a plan to engage in voter registration!
Attorneys for this episode:
Voter Registration Rules for 501(c)(3) Nonprofit Organizations (according to the Tax Code) Yes, your nonprofit can engage in voter registration activities! When doing so, public charities must ensure they are conducted in a nonpartisan manner and in compliance with all applicable federal and state laws. DO:
DO NOT:
Relevant Voter Registration Federal Election Laws for 501(c)(3) Nonprofit Organizations When federal candidates are on the ballot certain FEC rules may apply, including:
Know Your State Laws on Voter Registration State laws can be very specific. For example:
Check out our Practical Guidance-Nonprofit Voter Assistance series. We currently have 19 states available, but more coming soon!
Foundations CAN Support Voter Registration Foundations can provide grants for nonpartisan voter registration activities only! Public Foundations can fund voter registration directly or indirectly by making general support grants. While the rules for Private Foundations are more restrictive, 501(c)(3) organizations can potentially use their general support grants to support voter registration drives (if not prohibited in grant agreement). In addition, Private Foundations can make specific project grants for voter registration drives in limited circumstances.
Make a Plan for 2024 Now!
Resources | |||
| Evaluating Advocacy | 09 Aug 2023 | 00:26:15 | |
On this episode we chat with Shannon Williams, Director of Boulder Advocacy's Operations and Evaluation to learn more about the use of evaluation tools to make our organizations better advocates. Measuring success is much more than identifying wins and losses, it includes improving capacity and other incremental steps to achieving policy goals.
Voices on this episode Tim Mooney Shannon Williams Shownotes
Resources · A User’s Guide to Advocacy Evaluation Planning (Harvard Family Research Project)* · The Advocacy Strategy Framework (Center for Evaluation Innovation)* · Data Playbook (Schusterman Philanthropies)* · Getting Started: A Self-Directed Guide to Outcome Map Development (ORS Impact)* · When the Best Offense is a Good Defense: Understanding and Measuring Advocacy on the Defense (ORS Impact)* · Advocacy Capacity Tool (ACT!) and ACT! Quick* · Amplifying Nonprofit Voices: Bridging the Advocacy Evaluation Gap · Advocacy That Builds Power: Transforming Policies and Systems for Health and Racial Equity (Center for Evaluation Innovation) · Gigi Barsom, “A New Framework for Understanding Power Building,” Stanford Social Innovation Review, July 17, 2023
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| Advocacy in Action: People's Parity Project | 26 Jul 2023 | 00:23:59 | |
On this episode, we are joined by special guest, Molly Coleman, the co-founder and executive director of People’s Parity Project (PPP), a 501(c)(3) organization dedicated to harnessing the organizing power of lawyers and law students to create a legal system that prioritizes the people over corporate profits. Molly shares the inspiring journey of PPP, starting as a grassroots law student organizing effort to its current nationwide presence, fighting for a better legal profession and a justice-centered legal system. We explore the challenges and learning curves faced by PPP as a coalition of law students and new attorneys, the need for reform in legal education, and the importance of public engagement to effect change. Join us as we uncover the bold projects and imaginative strategies PPP is employing to shape a future where justice prevails. Attorneys for this episode: Quyen Tu, Tim Mooney Guest: Molly Coleman, Co-Founder and Executive Director of People’s Parity Project Questions What is People’s Parity Project, and how did you get started? Where does PPP draw its inspiration from? As law students and new attorneys, what are the learning curves you face in this work and are there balancing advantages to the perspectives you bring? What are your thoughts on law school reform? What are things we need to fix the legal system? How does the structure of being a (c)(3) organization help and hinder what you want to accomplish? How can people get involved, including students looking to starting a a chapter at their law school or graduates starting one at their alma mater? Resources: | |||
| Sports and Tax Exemption | 12 Jul 2023 | 00:16:14 | |
It’s our first-ever #sportsball edition of the pod! Dig into the tax code a bit, and you’ll discover that tax-exemption and sports fit together like a sports reference and a podcast that doesn’t really cover sports. In other words... perfectly. From amateur athletics, to professional sports leagues, to this newish thing called NIL that allows collegiate athletes to get paid for the billions they earn other people, the IRS and tax law has something to say about all of it. And most importantly, after this episode you will too at your next summer cocktail outing... Attorneys for this episode: Natalie Ossenfort, Tim Mooney, Victor Rivera What are tax-exempt organizations? Amateur athletics as 501(c)(3)s Major pro leagues had 501(c)(6)s and then dropped them · Advocacy angle... weighing in on oversight is not lobbying, so many tax-exempt advocacy groups like Human Rights Watch have weighed in against the move. · Or, advocacy in support of (or opposition to) the “No Corporate Tax Exemption for Professional Sports Act”, legislation introduced in Congress in June of this year that, if passed, would strip the Tour of its tax-exempt status. ---> Lobbying Case study: NIL Collectives as 501(c)(3)s · NCAA v Alston · NIL collectives were set up as 501(c)(3) organizations, making tax-deductible. · 2023 IRS GLAM letter concluded that an organization that develops paid NIL opportunities for student-athletes will, in many cases, be operating for a substantial nonexempt purpose (ie, serving the private interests of the student-athletes, instead of providing a real charitable purpose). Resources: · 501(c)(3) exemption requirements by the IRS · Establishing your organization toolkit | |||
| Fiscal Sponsorships | 28 Jun 2023 | 00:23:40 | |
So let’s say you have a really good idea for a tax-exempt organization, and hooray it’s charitable activities so you’re all set to ask the IRS for recognition! You even have some potential funding sources, and you’re ready to go. But oh that pesky IRS recognition process – until recently Form 1023s could take up to a year or more to process! Sure you can wait, but you can also find an existing (c)(3) to be your fiscal sponsor and get going much more quickly. On this episode, we chat about how fiscal sponsorships work. Attorneys for this episode
1. What is a Fiscal Sponsorship? Orgs that let you borrow their nonprofit designation. Mostly (c)(3), but (c)(4) can be a fiscal sponsor. File Notice of Intent to Operate as (c)(4) with IRS Form 8768 Their nonprofit rules = your nonprofit rules. Employment policies (compensation, benefits, hiring/firing, anti-discrimination, etc) Benefits = operational support for your project – HR, Legal, Accounting, Tax – allowing you to focus on your programs. 2. Types of Fiscal Sponsorships Two different ways this is done. IRS has various models. Money does to the FS, there’s an agreement between the parties (sponsor and project) Examples: Tides Center sponsors Lift Louisiana, a project focused on improving health outcomes for Louisiana women, families, and their communities Examples: Burning Man Project own Black Rock City, LLC (a single member limited liability company) under a Model L sponsorship, BRC hosts an annual art and culture event, based on self-reliance. 3. To Fiscal Sponsorship or not? Project Perspective: Quickest way to “get up and running” for funders. Provides many of the traditional markers of established orgs. Is your org staffed to meet admin and compliance independently? Do you want to seek GOS grants Their rules = your rules: Will your project involve lobbying, voter registration drives, or other types of nonpartisan civic engagement? Fiscal sponsor perspective Fiscal sponsor must maintain control over project, assets, and liabilities 4. Spinning Off or Exiting the Fiscal Sponsorship Sponsorship agreement should include an off ramp Provisions for transferring assets, including IP Example from Tim – X-PAC fiscally sponsored by Portland League of Women Voters 5. Seek Legal Advice
Resources Bolder Advocacy’s Project Grant Rule Hub – complete with explainer videos, sample budgets, and factsheets for funders and projects. Private foundations that award grants to sponsored projects must do so using a specific project grant The Ultimate Resource List for Fiscal Sponsorship Seekers - most comprehensive list of resources on the web for understanding what fiscal sponsorship is, if it’s right for your charitable project and how to go about finding and vetting potential fiscal sponsors. Need we say more?? Fiscal Sponsorship: 6 Ways To Do It Right by Gregory Colvin Fiscal Sponsor Conversations - weekly conversation focused on the needs, challenges and goals of fiscal sponsors. Cooperative Impact Lab – running the Fiscal Sponsorship Cooperative to provide support and capacity for fiscally sponsored projects to form and run their own nonprofits From Fiscal Sponsorship to Autonomous Operation – an interview with Mariana Ruiz Firmat | |||
| Politically Motivated Attacks | 10 Jul 2024 | 00:18:26 | |
Political attacks on nonprofit organizations can come in many forms, including legal challenges or public smear campaigns. Given the current political climate, organizations that engage in policy reform and election season advocacy are coming under increased scrutiny. As a result, it is crucial to be proactive and develop a comprehensive strategy to safeguard your organization’s reputation and operations. On this episode, we will discuss how your organization can ready itself in advance of potential politically motivated attacks.
Lawyers for this Episode Monika Graham Susan Finkel-Sourlis Natalie Ossenfort
Threats Directed at Nonprofit Organizations:
Tips for Preparation:
Resources | |||
| Ask Us Anything | 14 Jun 2023 | 00:16:00 | |
On this episode, we turn to your questions on nonprofit advocacy with another edition of Ask Us Anything. We’ll discuss how nonprofits can speak up about the actions of elected officials, conduct voter engagement activities, and secure funding for lobbying. We’ll also consider the power of the purse strings, policy advocacy and much, much more. Attorneys for this episode Natalie Ossenfort Questions: 1. What can nonprofits do about elected officials sending migrants to another state? 2. Is it a good idea to boycott travel to/doing business in State X because of their anti-LBGTQIA legislative actions? 3. What rules do we need to be thinking about if our 501(c)(3) wants to conduct voter engagement activities? 4. Can the 501(h) election apply retroactively to another fiscal year? 5. Public Charities are allowed to lobby, but should they ask donors to donate specifically for the purpose of influencing legislation (e.g. the budget, nominations requiring legislative confirmation, bills, etc.)? 6. Our public charity was invited to apply for a project grant from a private foundation, but they are asking us for an allocated budget... what does that mean?
Resources: · Practical Guidance – Nonprofit Voter Assistance Series · Factsheet: Praising and Criticizing Incumbents: How 501(c)(3)s Can Hold Elected Officials Accountable for Official Actions · Technical Assistance Form & 866-NP-LOBBY | |||
| An Introduction to PACs | 31 May 2023 | 00:20:32 | |
With elections always around the corner, many listeners may wonder whether their advocacy organization needs a PAC. In this first episode of an ongoing series this year, we’ll introduce you to PACs, including pros and cons plus how to fund and run them. We’ll look at factors to consider when forming a PAC & what activities PACs can engage in.
Attorneys for this episode Leslie Barnes
Shownotes
Resources The Connection: Strategies for Creating & Operating 501(c)(3)s, 501(c)(4), and PACs Independent Expenditures – What are They and What are the Rules Forming a Corporate Political Action Committee by our partners at the law firm of Venable, LLP FEC – for guides, advisory opinions, and more (test) | |||
| Resignation Advocacy | 17 May 2023 | 00:12:07 | |
Sometimes, public officials don’t behave the way we hope they will. Whether it’s a conflict of interest, outright corruption, or even a criminal offense we have seen examples of government officials that break the trust of the people they serve. While some may find their way out of office at the next election or through impeachment, those options may not be available. On this episode, we tackle advocating for resignation when a problematic public official needs to step down now.
Attorneys for this episode Natalie Ossenfort Tim Mooney
Why would one advocate for resignation over something else? Lifetime tenures with no end of terms Impeachment processes aren’t politically feasible Elections for the term are years away and the conduct is too egregious to wait out For 501(c)(3)s: Prohibitions on supporting or opposing candidates for public office
Can my nonprofit call for the resignation of appointed or elected officials? The IRS has given no guidance on this, but we can make some informed calls based on parallel guidance Answer: Yes, almost without limit unless the call for resignation touches on limited or restricted activity
Isn’t this the same as supporting or opposing candidates? Not usually - no elections involved in a call to resign. Calls for resignation could be an election issue, however (tread carefully if a (c)(3)) Special caution should be exercised if advocating for resignation of an elected official (e.g. don’t want to suggest who should (or should not) be elected to fill the position if resignation happens) Note this is very different than supporting a recall vote, which is an election and would therefore be prohibited activity for a 501(c)(3)
Could this be lobbying? Only if there is a process where there is a vote of a legislative body and you advocate for a vote i.e. An oversight committee considers the conduct of a member and votes on a resolution call for expulsion, impeachment or resignation.
Examples Calls in years past for President Trump to resign (sorry you’ll have to be more specific) before and during impeachment(s) that did not support/oppose any votes on impeachment in the House or the Senate trial Calls for Justice Thomas to resign in light of discovery of unreported financial conflicts of interest. Sweetheart real estate deals, private school tuition, and lavish vacations. Oh my! Calls for Rep. Santos to resign after indictment on multiple federal criminal charges
Resources Raising the Bar: Nonprofits and the Fight for Judicial Integrity Ballot Measures and Recalls: Basic Rules for 501(c)(3) Public Charities, 501(c)(4)s, and Unions Rules of the Game: A Guide to Election-Related Activities for 501(c)(3) Organizations AFJ’s call for Justice Thomas to resign
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| Nonprofit Detective | 03 May 2023 | 00:20:49 | |
On this episode, we’ll look at ways nonprofit employees can become super sleuths – detectives for their organization. Let’s say your organization has been asked to co-host an event with several new organizations with whom you’re unfamiliar. Or perhaps, your organization is drawing some unwanted opposition from an organization that is spreading misinformation about your mission and its work. On this episode, we’ll look at a variety of free, online tools you can use to learn about nonprofits, their leaders, and their funders as well as uncover bots spreading misinformation.
Attorneys for this episode Victor Rivera
Shownotes · What you can glean from public records · Where to look for news stories · What to find on nonprofit and opposition websites · Researching funders · Uncovering messengers of misinformation – Astroturfing
Resources Planning for Politically Motivated Attacks – Rules of the Game podcast Secrets of 990 Rules of the Game podcast Form 990 for 501(c)(4)s Rules of the Game podcast Free Access to the full version of Foundation Directory partner locations – for researching funders and the grants they have awarded. Pro Publica’s Nonprofit Explorer Candid – free search of foundations’ 990 PF returns. Search for other nonprofits’ 990 returns here. IRS Exempt Organization Search – where you can search for determination letters, 990s (including the 990 postcard), revocations, John Oliver’s Last Week Tonight piece on Astroturfing (August 2018) National Secretaries of State – business services
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| Preparing for Politically-Motivated Attacks | 19 Apr 2023 | 00:24:56 | |
It rarely comes as a surprise to advocates that individuals and groups oppose their positions and fight against the policy outcomes they champion. However, in recent years the tactics have sometimes become more sinister, including manipulation of stances, slanted edits of secret recordings, and even illegal or unethical acts like hacking and doxxing. Being an advocate these days sometimes means you have to prepare for politically motivated attacks, and on this episode we talk about some of the things to think about before it happens.
Attorneys for this Episode Natalie Ossenfort Tim Mooney
Shownotes Elected Officials Misusing their Authority
Attacks by Non-governmental Actors
Other attacks
If you are attacked . . .
Resources Sample 501(c)(3) Policy for Election Season Election Activities of Individuals Associated with 501(c)(3)s | |||
| International Grantmaking | 05 Apr 2023 | 00:21:05 | |
We are excited to be joined on this episode by a former colleague and guest from NGOsource, Shyaam Subramanian. NGOsource is helping to streamline the international grantmaking process and ease both restrictions and reporting requirements for international grant awards by making equivalency determinations. NGOs (or international nonprofits) that receive grants through this process are better able to build collective power and address issues faced in their communities. Not only are we excited about this topic, but we’re excited to have Shyaam back on this show. You all might remember him from earlier pod episodes... recorded back when Shayaam was Senior Counsel for AFJ’s Bolder Advocacy program. Shyaam and his colleagues work with US donors and NGOs to determine if an international nonprofit is organized and operated like a U.S. public charity. This process is called an equivalency determination or ED. NGOs that receive an ED can receive general support from U.S. private foundations and donor-advised funds, and potentially use the funds for more types of advocacy activities, including lobbying or legislative campaigns.
Attorneys for this episode Natalie Ossenfort
Guest
Shownotes
Resources NGOsource – all about equivalency determinations, newsletters, and more Can A Private Foundation Make a Grant to Non-Public Charity International Advocacy & Lobbying Podcast Responding to the Ukraine Crisis: What Nonprofits and Foundations Need to Know
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| Funding 501(c)(4)s | 22 Mar 2023 | 00:18:19 | |
We sometimes refer to 501(c)(4)s are the multitools of tax-exempt organizations because they can advocate in so many ways. But because they can engage in partisan political activity, they aren’t as easy to fundraise for… but that’s where this podcast steps in! On this episode, we cover the ways to fund a 501(c)(4) and why it’s something all funders should consider to achieve their policy goals.
Attorneys for this episode
Leslie Barnes Natalie Ossenfort Tim Mooney
Shownotes
It’s harder to fund a (c)(4) compared to a (c)(3) - why?
Why fund a (c)(4)?
How to fund
Individuals
Public charities/Public foundations
Private foundations
Resources Philanthropy Advocacy Playbook Investing in Change: A Funder’s Guide to Supporting Advocacy | |||
| Advocacy by Public Foundations | 08 Mar 2023 | 00:12:27 | |
Public foundations play an important role in our communities by providing critical funding to nonprofit organizations. But, did you know that they can also engage in advocacy campaigns and work with legislators and other government officials to impact public policy? On this episode, we’ll dive-in to the rules public foundations need to know when advancing their missions through advocacy.
Attorneys for this episode Natalie Ossenfort Victor Rivera Labiosa Quyen Tu
Public Foundations (like community foundations) are a type of public charity!
There are two tests set out in the tax code that public (community) foundations may use to measure how much lobbying they are permitted to engage in.
Examples
Resources Philanthropy Advocacy Playbook | |||
| Advocacy in Action: Supreme Court Ethics | 22 Feb 2023 | 00:26:31 | |
On this episode, we present another edition of advocacy in action focusing on the work our colleagues at Alliance for Justice are tackling around Supreme Court ethics. This has been a topic we’ve championed for decades, but recent events have underscored how important a topic it continues to be. We’re happy to have a special guest to guide us through the ins and outs of the topic, AFJ and AFJ Action President Rakim Brooks.
Lawyers for this Episode Leslie Barnes Rakim Brooks Tim Mooney
Shownotes A SCOTUS Code of Ethics · Why doesn’t the Supreme Court have an ethical code like other entities? · How would an ethics code address recent troubling developments like Justice Alito leaking the Hobby Lobby opinion, or determining how Justice Thomas could sit for cases involving the insurrection given his wife’s role in January 6th? · Is an externally enforce code better than the proposed internally enforced code the Court has considered? · What is AFJ’s position?
Congressional Oversight · Legislative committees overseeing SCOTUS · Likelihood of legislation · How advocacy on this subject is impacted by the rules · Impeachment as an option in certain cases
Ethics and the Bigger Picture · Ethics and recent erosion of fundamental rights and politicization of SCOTUS · Progressive Constitutionalism
Resources Supreme Court justices discussed, but did not agree on, code of conduct, Washington Post (February 9, 2023). Supreme Court Weighs Ethics Code as Critics Push for Change, New York Times (February 9, 2023). | |||
| Advocacy by Private Foundations | 08 Feb 2023 | 00:22:39 | |
We’ve talked about how private foundations can fund advocacy, but we are frequently asked what they can do themselves to push for policy change in the communities they serve. On this episode, we cover the do’s and don’ts of private foundation advocacy.
Attorneys for this episode Tim Mooney Natalie Ossenfort Quyen Tu
Shownotes We’ll get to the do’s in a bit, but first the don’ts – don’t support or oppose candidates for public office and don’t engage in any activity that meets the definition of lobbying.
The do’s - options for private foundations
Resources Lobbying Defined for Private Foundations Private Foundations May Advocate Be Bold and Advocate Rules for Foundations Engaging in Advocacy in TX Philanthropy Advocacy Playbook
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| Election Detective | 26 Jun 2024 | 00:13:29 | |
On this episode, we dive into the fundamentals of campaign finance reporting, exploring the essentials of what is included in these reports and uncovering valuable insights they provide. From contributions and expenditures to reporting requirements and deadlines, we break down the intricacies of campaign finance reports to empower you with the knowledge needed to navigate and comprehend campaign finance reports.
Attorneys Monika Graham Susan Finkle-Sourlis Victor Rivera Labiosa
Shownotes - Types of Campaign Finance Reports - Federal perspective from the FEC (Federal Elections Commission) - Similarities in state-level reporting - Reporting requirements for federal candidates and campaigns - Itemized contributions and reporting over $200 contributions
- Contents of Campaign Finance Reports - Reporting contributions and expenditures - Itemized details for contributors (name, address, employer, occupation) - Types of expenditures (operating expenses, ads, mail pieces) - Requirement for specifying the purpose of expenditures
- Insights from Campaign Finance Reports - Identifying contributors and their occupations - Insights into industry and issue-based PAC contributions - Understanding compliance with reporting rules
- Reporting Deadlines and Requirements - Quarterly and monthly filing options - Late contribution and expenditure reports - Pre-election reports (pre-primary and pre-general)
- Benefits of Reporting Monthly vs. Quarterly - Differences in reporting frequency based on organization size and strategy - Flexibility to change filing frequency each election cycle
- Disclaimer Requirements for Communications - Purpose of disclaimers in public communications - Requirements for printed and broadcast ads - Candidate stand-by-your-ad statements in broadcast ads
Resources Practical guidance: Non-profit voter assistance series
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| Influencing Budget Legislation | 25 Jan 2023 | 00:12:35 | |
On this episode we dive into ways your organization can weigh in on government budgets and legislation, bringing needed change to your communities. Whether you focus on housing, health care, the environment, education, public safety, civil rights, or virtually any nonprofit activity is impacted by the government budget. There are many opportunities for nonprofits to educate policymakers and the public alike about the critical impact government funding plays in people’s lives. Today, we’ll discuss how nonprofits can influence the budget process and more.
Attorneys for the show Victor Rivera Leslie Barnes Tim Mooney
Resources Nonprofits Can Influence the Budget Process
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| Ask Us Anything | 11 Jan 2023 | 00:18:42 | |
On this episode, we once again turn to your questions on nonprofit advocacy with another edition of Ask Us Anything. We’ll cover topics like employing newly elected officials, how small c3s can impact legislative policies, accepting donations, and tracking lobbying.
Attorneys for this Podcast Victor Rivera Leslie Barnes Quyen Tu
Questions:
Resources Being a Player: A Guide to IRS Lobbying Regulations for Advocacy Charities Cost Sharing Agreement between 501(c)(3) and 501(c)(4) Keeping Track: A Guide to Recordkeeping for Advocacy Organizations | |||
| Top 10 Things Public Charities Can Do to Get Ready for 2023 | 28 Dec 2022 | 00:17:16 | |
On this episode, we’ll discuss how your organization can prepare to maximize your advocacy and impact in 2023. With several states gearing up for new legislative sessions and the 118th United States Congress about to head to work, the time is ripe for ensuring that your organization is ready to boldly advocate on behalf of the communities and causes you care about. That’s why today we present to you the Top 10 things your public charity can do now to get ready for 2023.
Link -
Our attorneys for this episode Tim Mooney Natalie Ossenfort Quyen Tu
1. Calculate Your Lobbying Limit
2. If you haven’t done so already, consider making the 501(h) election.
3. Brush Up on State Lobbying Disclosure Laws in preparation for upcoming legislative sessions – We have a Lobbying Practical Guidance series that will help!
4. Remember that lobbying at the Federal level (to Congress or Executive branch officials) may implicate the Lobbying Disclosure Act.
5. Create a Policy Agenda (see ROTG #13 – aka the previous episode) 6. Assess whether you need a 501(c)(4).
7. Convene or join a coalition to amplify your impact.
8. Audit your recordkeeping system
9. Connect with your funders, supporters, and champions 10. Make plans to celebrate the victories, large and small, along the way! All no’s eventually lead to a yes said Tim.
Resources | |||
| Policy Agendas for Nonprofits | 14 Dec 2022 | 00:13:54 | |
On this episode we revisit the ways nonprofits can create a policy agenda to advance their missions. Now that the election is over, we have to begin looking forward to what’s ahead and what we want our local, state, and federal policymakers to consider in the coming year. Originally podcast December 16, 2020. Our attorneys this episode
Resources
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| Giving Thanks for Ballot Measure Wins | 29 Nov 2022 | 00:23:03 | |
Tis the season for giving thanks, and we here at the Rules of the Game podcast are immensely grateful for the amazing work done by nonprofits across the country to advocate on behalf of ballot measures during the midterm elections. On this episode, we’ll highlight several noteworthy wins. From protecting reproductive rights to expanding education access for Dreamers, it was truly a remarkable year for rallying public support and seizing policy wins at the ballot box. Our attorneys for this episode Tim Mooney
Shownotes
Ballot Measures: A Quick Review of the Rules
Big Wins!
Resources
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| Runoffs and Transition Advocacy | 16 Nov 2022 | 00:16:59 | |
Following the 2022 midterm elections, nonprofits can work with newly elected officials on policies to advance their communities’ missions and policy agendas. That transition advocacy is the focus for most of the country, but in Georgia voters have 3 more weeks of non-stop political ads, commercials, texts and direct mail to look forward to thanks to a December 6th runoff election for US Senate. On this episode we discuss the special rules for the Georgia runoff, and what the rest of the country’s nonprofits can do in the transition period to get a jump on 2023.
Our attorneys for this episode
Show Notes
Georgia’s Runoff, Other States’ Recounts, & Contests How can nonprofits navigate the post-election space, in states where vote totals are not yet finalized and in Georgia, where voters are facing a run off election in under one month? What can nonprofits do in these states?
Transition Advocacy
Advocating on Executive Orders
Resources
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| Post-Election Advocacy 2022 | 02 Nov 2022 | 00:18:29 | |
On this edition of the pod, we conclude our three-part series on nonprofit election advocacy and focus on post-election advocacy activities. After election day there are a wide array of opportunities to protect voters and the election itself. Whether it’s working with state and local officials to ensure that all ballots are counted or litigating potential violations of state or federal election-related laws, nonprofits have a big role to play in the days following November 8, 2022.
Our attorneys for this episode
Leslie Barnes Tim Mooney Natalie Ossenfort
Shownotes
Resources
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| Election Days Advocacy 2022 | 19 Oct 2022 | 00:22:09 | |
On this episode, we tackle election days advocacy. We intentionally say “days” since many states offer vote by mail or early in-person voting well before election day. This means that voting doesn’t just happen on election day itself, even though the election is on November 8th this year. We talked about the role nonprofits can play leading up to this period a few weeks ago — on this episode we talk about their big role in helping people vote during this "election days" period. Attorneys for this Episode
Why should 501(c)(3)s do this work?
Rules for nonpartisan voter engagement
Types of nonpartisan voter engagement on "voting days"
Private Foundations
Partisan work
Resources
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| Election Protection & Voter Assistance | 05 Oct 2022 | 00:16:15 | |
On this episode, we’ll discuss how different types of tax-exempt organizations can ensure the right to vote is protected by engaging in election protection activities and assisting voters at the polls. and potentially afterwards. Whether it’s poll monitoring, ballot curing, staffing an election protection hotline, or providing rides to the polls, we'll discuss the rules that apply to 501(c)(3)s and 501(c)(4)s so that your organization can ensure that all eligible voices are heard this election season. Attorneys for this episode
Shownotes
Resources | |||
| Pre-Election Advocacy | 21 Sep 2022 | 00:18:40 | |
On this episode, we discuss the unprecedented election-year challenges we face and the ways all nonprofits can help ensure a safe election. As trusted messengers, nonprofits can explain voting options and deadlines; encourage absentee voting and a new generation of poll workers; conduct election protection programs; support and join litigation and even facilitate voting and promote increased voter turnout. This is a repodcast of the first part of our three-part series from 2020. Our attorneys for this episode
Shownotes
Resources Bolder Advocacy Election Activities Page Want to Conduct or Fund a Voter Registration Drive Election Protection Efforts Factsheet Election Year Activities for 501(c)(4)s How 501(c)(4)s Can Hold Elected Officials Accountable Partisan Electoral Activity: What is it and What Can You Do?
Non Bolder Advocacy resources Guide on how to do a school or community voter registration drive: https://www.headcount.org/wp-content/uploads/2018/03/Booklet_Final-1.pdf For college student looking for information on voting? Check: https://andrewgoodman.org/myvoteeverywhere/ | |||
| Tax Law and Elections with Erin Bradrick | 12 Jun 2024 | 00:29:03 | |
On this episode we are joined by Erin Bradrick, a principal at Neo Law Group, to delve into the complexities of tax law and its implications for nonprofit organizations during election seasons. Our discussion focuses on the distinctions between 501(c)(3) and 501(c)(4) organizations, the specific rules governing their political activities, and the strategies nonprofits can employ to navigate these regulations while effectively advocating for their causes to ensure compliance without sacrificing impact.
Lawyers for this episode
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| Advocacy Wins | 07 Sep 2022 | 00:17:50 | |
We talk a lot about advocacy, but what’s advocacy without some wins? On this episode, we highlight some of the victories nonprofit advocates have achieved at the state and federal level. Attorneys for this episode
California
Texas
Federal and West Virginia
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| Summer Internships With Advocacy Organizations | 24 Aug 2022 | 00:20:12 | |
On this edition, we turn the mics on ourselves and feature two of our summer interns... what is it like to intern at an advocacy nonprofit and how do they contribute to the work we do at Alliance for Justice?
Featured on this episode Jasmin Azizi Dylan Abrokwa-Jassor Host – Tim Mooney Executive Producer – Jairo Gomez
Questions asked Tell us briefly about yourself. What are you currently studying? What are your career goals and why are you interested in that kind of work? Why did you decide to intern with AFJ? Why do you think this work is important? What was your understanding (or did you have any experience with this kind of work before) of this kind of work before interning with us? How would you explain your team within AFJ does? You do a lot of research in your role. Do you have any tips on being an efficient researcher? Have you noticed any improvement in that regard due to your time interning here? Was there anything that surprised you or that you didn’t expect about interning for an advocacy nonprofit / AFJ? What has been your proudest moment(s) interning with us? How do you think your experiences in this internship will benefit you long term in terms of your career or even in your personal life? Anything you would like our listeners or prospective interns at a nonprofit know about after your experience this summer? | |||
| Foundation Engagement in Election Season | 10 Aug 2022 | 00:18:08 | |
We spend a lot of time on the pod talking about what public charities can do around election season, but let's spend some time talking to the funders out there. If you’re making grants to public charities, you play a big role in your communities... and as it turns out, you can also join them in many of the same nonpartisan activities around elections. On this episode, we’re covering the types of voter engagement and funding opportunities available to private and public foundations. Nonpartisan Candidate Education
Candidate Debates / Forums
Election Advocacy Funding
Resources Voter Registration Rules for Private Foundations Debating the Future: Foundations Can Educate the Community Through Candidate Debates Investing in Change: A Funder’s Guide to Supporting Advocacy
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| Candidate Education | 27 Jul 2022 | 00:17:30 | |
Election season provides a great opportunity for nonprofits and foundations to elevate their issues with voters and candidates. On this episode we’re going to look at ways a variety of tax-exempt entities can engage in outreach to candidates and engage with political parties. We’ll look at ways nonprofits can attend political party conventions, help shape candidate and party platforms, educate candidates on community issues, respond to candidate questions, and more. Attorneys for this episode
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