With major election decisions from the U.S. president to local levies, nonprofit leaders are often challenged with how they can – and cannot – engage in advocacy.
We often say little-a advocacy is not only legal for 501c3 organizations, it is appropriate, because the focus is on education, outreach, and engagement. The difference is that 501c3 organizations cannot facilitate big-A Advocacy such as lobbying or candidate support. Your nonprofit can host a voter registration drive, but you cannot say vote for X.
Our team visited the following columns from 2021 and we hope they are helpful to you as we head into the unprecedented nature of November.
This Election Day is consequential for local government such as school boards, city councils, judgeships, and township trustees.
Nonprofits are on the front lines of meeting community needs. Members of nonprofit boards, staff, and volunteer corps should know their local elected officials and should communicate their organization’s impact on a regular basis.
This level of advocacy is critically important; however, the IRS is quite clear in its rules about 501(c)(3) restrictions on political activity:
“Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. Violating this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.”
Nonprofit leaders are often so concerned about violations of this rule — real or perceived — that they avoid advocacy efforts all together. Let’s also be clear — nonprofit leaders often are so busy managing the needs of the organization that they put advocacy very low on their priority list.
With election season upon us, we want to share two incredibly useful, nonpartisan nonprofit resources.
The BoardSource campaign Stand for Your Mission can benefit every size and type of nonprofit because of the impact public policy has on the sector. Their website has information on why public policy matters, how the board can play a role, and how other organizations have made a difference through advocacy.
The team at BoardSource also created a discussion guide for boards to use as an educational resource so that board and staff leadership can build their capacity in this regard.
“Now this is not about jumping into partisan politics. And it’s not about endorsing or opposing political candidates. Nonprofit advocacy is about helping those who set public policy understand how the choices they are contemplating — the decisions they are making — will positively or negatively affect the people we serve. Nonprofit advocacy is about standing for our missions.”
The League of Women Voters continues to be a leader in fact-based and nonpartisan civic information. They answer questions such as:
- How are the new legislative and congressional maps being re-drawn?
- What candidate and issue information will be on the ballot?
- What policies are being debated and voted on at the State House?
- How can I find out more about local government?
You can also use their Voter Guide before you head to the polls.
From government funding to policies that impact constituents served, local politics has a significant impact on the work of nonprofits. As a result, it is critical for nonprofits to advocate for their missions with local elected officials.
The following guide can assist nonprofits in engaging locally:
- Promote voter registration efforts. Civic organizations often need partners to assist with voter registration drives, which could be done at your location. Voter registration is not a political activity because there is no candidate or issue endorsement, rather, it is a public service for your constituents.
- Allow employees to take time off work to vote or to serve as poll workers on Election Day. Consider adding Election Day to your PTO policy so that your employees are encouraged to engage in the election process.
- Support employees who run for office. Many positions are part time, which means government relies on an active citizenry. School boards are the most well-known part-time roles and were some of the most newsworthy races this year.
- Encourage employees to serve on boards or commissions. Local government has numerous roles such as planning commissions, architectural review boards, boards of zoning appeals, parks districts, and many more entities that require the volunteer service of its residents.
- Actively engage those within appointed seats on your governing board. Elected officials often have requirements for board placements at certain agencies, especially if those agencies receive significant public funding. If your organization is one where local government has the power to appoint members on your board, then proactively make your needs known, such as the profile you are seeking or board expectations. Also, be certain to have a robust onboarding process to support those appointees in their service to your mission.
- Add government relations to a position’s job description. Whether it is the chief executive or another member of your leadership team, someone needs to be accountable for engaging with elected officials, for understanding what funding and/or policy debates may affect your organization, and for communicating your organization’s impact in briefings and in public meetings.
Your nonprofit’s mission is critical to meeting the needs of the community, and your organization’s engagement with local elected officials is fundamental to our democracy. When you engage and serve, you offer a unique voice and perspective that adds to representation and informs decisions.
