Election 2016: Do s and Don ts for your 501(c)(3) Nona Randois Southern California Director February 4, PDF Free Download

Election 2016: Do s and Don ts for your 501(c)(3) Nona Randois Southern California Director February 4, 2016

1. Comparing nonprofit organizations 2. What does non-partisan mean, and what are the possible risks for organizations who engage in partisan activities? 3. What election-related activities may 501(c)(3)s engage in? 4. How the rules apply to: - Social media - Staff and volunteers who work for 501(c)(3)s Throughout: What measures should 501(c)(3)s take to ensure they stay nonpartisan? AGENDA

501(c)(3) Public Charity 501(c)(4) Social Welfare Political Organizations Examples Tax Treatment Tax-Exempt Contributions tax-deductible Tax-Exempt Tax-Exempt Private Foundation grants Lobbying Activities Limited Unlimited Rare and usually taxable Electoral Activities Non-partisan: Cannot support or oppose candidates for public office Secondary activity Follow federal, state, and local election law Usually sole activity

Community Organizing Lobbying exceptions Nonpartisan Voter Ed. Change Corporate Behavior Legislator Education Supporting or Opposing Candidates (Partisan Activity) Candidate Education Regulatory Efforts Encourage Voting Educational Conferences Lobbying Election Protection Get to Know Legislators Research Skills Training Litigation Avenues for Advocacy

What does nonpartisan mean?

No 501(c)(3) support for or opposition to CANDIDATES running for PUBLIC OFFICE

No 501(c)(3) may support or oppose CANDIDATES running for PUBLIC OFFICE, Including candidates who are not affiliated with a political party.

Who is a CANDIDATE for PUBLIC OFFICE?

CHARACTERISTICS of a PUBLIC OFFICE Office created by statute (created by a law) On-going position Fixed-term Requires an oath of office Includes school boards For any public office

Warning Letter Excise Tax Revocation of Tax Exempt Status Possible PENALTIES

FACTS and CIRCUMSTANCES

Nonprofits can and should ENCOURAGE ENGAGEMENT in ELECTIONS!

Issue Advocacy Advocating for organization s issues during election year Candidate Education Helping candidates understand the importance of your issues Voter Education Educating voters in a nonpartisan way about candidates Voter Engagement Registering voters, getting out the vote Election Year Activities

ISSUE ADVOCACY Lobbying/ Advocacy Campaigns Criticizing Incumbents Legislative Scorecards LOBBYING or Advocacy Campaigns

PUBLIC CHARITIES CAN Circulate petitions Endorse measures Register Voters PUBLIC CHARITIES CANNOT Align stance with candidate or political parties Join coalitions doing non-(c)(3) permissible work STATE REPORTING APPLIES BALLOT MEASURES

CRITICIZING INCUMBENTS Focus on Legislative Issues Continue Ongoing Criticism Don t Criticize Personal Characteristics CRITICIZING Incumbents

Facts and Circumstances for issue advocacy Bad Facts 1. Referring to candidates, elections, or voting 2. Publicly expressing approval or disapproval for candidate s positions/actions 3. Timing activity in order to influence a candidate election 4. Targeting a faction of the community with your message in order to influence an election 5. Emphasizing a wedge issue between candidates Good Facts 1. Discussing issues w/o referring to candidates, elections, or voting 2. Only communicating information about organization s core issues 3. Outside factor driving timing of activity 4. Targeting a faction of the community b/c of a reason unrelated to the election 5. Org has a history of similar type of advocacy on issue

ISSUE ADVOCACY Lobbying/ Advocacy Campaigns Criticizing Incumbents (Current Lawmakers) Legislative Scorecards LEGISLATIVE Scorecards

CANDIDATE EDUCATION Offer to all Use only what is already gathered Only create new information if organization has reason to do so

QUESTIONS Unbiased Questions Open-Ended Questions Distribute to all candidates Broad Range of Issues No Pledges FORMATTING No Editing Present Responses Equally Disclaimers QUESTIONNAIRES

QUESTIONS Unbiased Questions Open-Ended Questions Distribute to all Candidates Broad Range of Issues No Pledges FORMATTING No Editing Present Responses Equally Disclaimers Neither the League of Women Voters Education Fund nor any of its partners takes any position on or expresses any preference about the issues or candidates displayed on this site. The League of Women Voters does not support or oppose candidates or political parties.

VOTER EDUCATION Candidate Questionnaires Candidate Debates & Forums Candidate Appearances DEBATES & FORUMS Appearances Unrelated to Candidacy

QUESTIONS Unbiased Questions Broad Range of Issues FORMAT Invite all Viable Candidates Fair Rules Impartial Moderator Unbiased Audience Equal Opportunity No Contextual Favoritism DEBATES & FORUMS

VOTER EDUCATION Candidate Questionnaires Candidate Debates & Forums Candidate Appearances Appearance UNRELATED to Candidacy Appearances Unrelated to Candidacy

APPEARANCE UNRELATED TO CANDIDACY Awards & Policy Updates No Equal Opportunity Required Avoid Mentioning Candidacy Don t Time to Coincide with Election Disclaimers and Letters

VOTER REGISTRATION No Reference to Party/Candidate No Suggestion of Who to Vote For Make Service Available to EVERYONE Targeting for NONPARTISAN Reason

VOTER REGISTRATION/ GOTV No Reference to Party/Candidate No Suggestion of who to Vote for Make Service Available to EVERYONE Targeting for NONPARTISAN reason

Rules apply to 501(c)(3) staff and volunteers acting on behalf of 501(c)(3), not to those acting in INDIVIDUAL CAPACITY

Rules that apply to print and verbal communications also apply to ONLINE COMMUNICATIONS

For more information: bolderadvocacy.org/digitalage

For free coaching about laws impacting nonprofit advocacy: advocacy@afj.org nona@afj.org 866.675.6229 213.346.3288 For free tools, fact sheets, and publications www.bolderadvocacy.org @AFJBeBold @NonaAFJ BolderAdvocacy