Rules of the Game: The Bolder Advocacy Podcast

On this episode, we will discuss how nonprofits can respond when they are asked to share their resources with others. Whether it’s data, a mailing list, office space, or something else of value, your nonprofit needs to know what to do when asked to share its assets with other people and groups. And guess what! Your organization’s tax status will come into play. If you’re a 501(c)(3), you need to be particularly careful, especially when interacting with non-(c)(3)s. We’ll dive in deep and answer the question “Can We Rent (or Share) That?” in the minutes to come. Our Attorneys for This Episode: Monika Graham Natalie Ossenfort Victor Rivera General Principles when sharing resources and working with other organizations: · Principle #1: Moving resources from a 501(c)(4) to a 501(c)(3) is simpler from a legal standpoint than the reverse (uphill / downhill principle). · Principle #2: Your tax-exempt status follows you into your transactions with others. · Principle #3: Documentation is important. · Principle #4: Stay in your lane. What does this have to do with renting and exchanging resources? · 501(c)(3)s are prohibited from supporting or opposing candidates, including making contributions to candidates and political organizations. · 501(c)(3)s should not provide resources to a 527 without charge. Instead, they should rent or sell these types of assets for fair market value and make them equally available to any other political entities that request them. o Best practice is to use a list broker. · When supporting the work of (c)(4)s, which can engage in some partisan political activity, 501(c)(3)s must be mindful to protect their assets and to ensure that they aren’t giving away their lists, data, and spaces for partisan political use for free and that any rental transactions are well documented and comply with the law. Can our (c)(3) rent out event space to candidates and other types of organizations? · Whether something constitutes impermissible support or opposition of candidate depends on the facts and circumstances. Some things the IRS considers in the event space rental context include (Rev. Rul. 2007-41): o Whether the facility is available to all candidates in the same election on an equal basis, o Whether the fees charged to candidates are at the organization’s customary and usual rates, o Whether the activity is an ongoing activity of the organization or whether it is conducted only for a particular candidate, and more! · Discussion of two examples. What about newsletter ad space? · If a 501(c)(3) rents / sells ad space in its newsletter or other publications, it can offer that same service to others (even candidates), but it must charge fair market value and allow all entities and candidates the same access without regard to political preferences. o Remember to indicate which ads are “paid advertising” in the publication. · If it usually gives out ad space for free (instead of requiring a financial transaction), it could potentially do the same with other organizations, but all free content must be nonpartisan. · What if a (c)(4) has a newsletter and wants to provide ad space to a (c)(3)? o It’s easier for (c)(4)’s to share resources with (c)(3)s since (c)(4)s can do everything (c)(3)s can do, and more! o A 501(c)(4) could rent space to the (c)(3) for fair market value or give it away for free. Voter Registration Files · 501(c)(3)s should not freely share with partisan organizations the voter registration lists or other data that it collects during voter registration or education activities. · This information is a valuable asset owned by the 501(c)(3). Voter registration files may only be rented to a 501(c)(4) or 527 at fair market value or exchanged for data of equal value. Even then, the circumstances in which these agreements can be made are complex, so it’s wise to get legal advice. · This type of agreement can also cause opposing parties or groups to raise their eyebrows...

On this special edition from the BISC (Ballot Initiative Strategy Center) Road Ahead 2024 conference held in Las Vegas, we bring our takeaways from our sessions on ballot measure advocacy, including handling misinformation, tips on campaigning, garnering cross-ideological support and more. Lawyers on this episode: Sarah Efthymiou Tim Mooney Handling misinformation in ballot measure campaigns - Strategies to counter misinformation and disinformation. - Focus on highlighting correct information rather than amplifying incorrect details. How campaigning against ballot measure proponents is different than candidates - Discussion on conservative influencer, Brian Haywood. - His influence on ballot initiatives in Washington. - How non-candidates can be criticized without impacting tax-exempt status for 501(c)(3)s Cross-Ideological Support for Ballot Initiatives - How ballot measure work reflects populist views and forms unlikely coalitions. - Examples from various states including Florida’s cross-ideological support for returning citizens' rights. Role of Funders in Advocacy - The importance of funders in supporting grantees beyond financial contributions. - Tips on early funding and building infrastructure for effective campaigns. Conference Resources and Recommendations - Ballot Initiative Strategy Center - Seize the Initiative - Bolder Advocacy’s ballot measures toolkit

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...

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

For our 100 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.

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 5 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 5 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 5 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...

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 Issue Advocacy and Lobbying Rallies, Town Halls, and Community Mobilization Persuading Elected Officials Advocacy Days and Lobbying Ballot Measures and Elections Commenting on Candidates and Campaigns Get Out the Vote Campaigns Spotlight: Grassroots Organizations Resources and Conclusion

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 The Connection

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 Emma Olson Sharkey 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 · Seize the Initiative Foundations and Ballot Measures501(c)(3) Public Charities and Ballot MeasuresBallot Measure Case StudiesBallot Measures and Public Charities: Yes, You Can Influence That VoteInitiating Policy Change: Circulating Ballot Initiatives in CaliforniaBallot Measures and Recalls: Basic Rules for 501(c)(3) Public Charities, 501(c)(4)s, and UnionsBallot Measure Legal Documents and ResourcesBallot Initiative Strategy CenterState Resources

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...

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 Connection The Practical Implications of Affiliated Organizations Nonprofits Working Together Working Together: Affiliation and Coalition Basics FEC guidance on independent expenditures and firewalls

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 o Building Community Empowerment

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: Start with path of least resistance – review foundation websites. Find out who funds your organization’s allies (groups whose work you admire). Connect with board members to assess their networks and seek out their advice. Review your organization’s history of foundation funding and consider reapproaching former funders. Other Avenues for Foundation Research: ProPublica (free access) Instrumentl Candid Foundation Outreach Recommendations: Make the job of the foundation program officer as easy as possible. Show them clearly and succinctly the connection between the foundation’s priorities and the work of your organization. It’s always best to use a connection if you have one (i.e. board member or ally). Send an email introduction explaining your organization and how you think it aligns with the funder’s priorities. If your organization issued a report, is in the news, or is hosting an upcoming event, you can use that to prompt outreach to a potential funder. Best Practices When Preparing for a Meeting with a Potential Foundation Partner: Brief your staff, internal participants. Create a “POP” Agenda. Purpose (of meeting) Outcome (desired results) Process (rough outline of who speaks when and about what) If it’s an in-person meeting, plan to have some organizational materials ready. If possible, also have resources ready to send following the meeting to continue to build communication/relationship. Proposal Process: Understand foundation proposal guidelines and preferred templates (if any). If they don’t have a template or provide guidelines, best to build a general template including: Intro paragraph with funding request ($$ and purpose: program/GOS); A brief overview of who your organization is and its history; A description of your programs and recent work you’ve done; Conclusion reinforcing your request. Connect your work to the foundation’s mission to demonstrate shared priorities. Write clearly. If the foundation has a proposal submission portal, submit your application early in technical issues arise. Be prepared to provide a budget, proof of your 501(c)(3) status, recent audited financial statements or 990s, a board list with affiliation, a staff list, etc. What About General Operating Support (GOS)? Funders usually start with a project grant, but some will give GOS outright. Remember to keep the funder up-to-date on progress throughout the grant period and share work products (resources or reports, videos, testimonials etc). Report on the grant as requested, when requested, and with the materials requested. Your nonprofit is more likely to receive GOS after you have built a trust-based relationship with your funder. Other Practical Tips: Remember that both you and the funder are hoping your organization is a match: they want their funds to support great work! Program officers are people. You’ll achieve the best results when you have a trusted relationship with each other. Ask your program officers for advice and thoughts on your strategy and programs. Don’t be afraid of your funder. If you run into a challenge, tell them. They might able to assist you in overcoming it. Keep your funder in the loop. Don’t be afraid to toot your own horn! Play nice in the sandbox. Be real and be realistic. Resources: Bolder Advocacy Project Grant Rule Hub Foundation Advocacy Grants: What Grantees Need to Know Advocacy by Public...

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)

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. It is our honor to be joined by Abby Levine who is associate general counsel for the Robert Wood Johnson Foundation. If Abby’s name sounds familiar, she was Bolder Advocacy’s Director for over a decade, and we are thrilled she’s agreed to join us. 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 Project Grant Rule Hub 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 The Project Grant Rule Budget Template Instructions Project Grant Rule Budget Templates

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 Bolder Advocacy Focus on FoundationsHosting Candidate Debates: Public Charities Can Educate the Community Through Candidate Debates Candidate Debates and Forum podcast episode Candidate Education factsheet

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.

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: Monika GrahamNatalie OssenfortQuyen Tu 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: Keep voter registration work nonpartisan Focus voter registration activities on community members with whom the organization serves or hopes to serve Focus on historically underrepresented populations (youth, low-income, etc.) Make their voter registration services available to everyone DO NOT: Attempt to influence which parties or candidates get elected to public office Coordinate activities with candidates or parties Prioritize outreach to populations because they are more likely to vote for certain types of candidates Reference candidates or parties Provide incentives and/or knowingly and willfully pay, offer to pay, or accept payment either for registering to vote or voting (payment includes anything having monetary value including pizza or prizes given out for voting). 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: Organizations should not provide incentives and/or knowingly and willfully pay, offer to pay, or accept payment either for registering to vote or voting (payment includes anything having monetary value including pizza or prizes given out for voting). Organizations should not coordinate voter registration activities with candidates or political parties. Know Your State Laws on Voter Registration State laws can be very specific. For example: Texas requires any person who collects and returns completed voter registration forms to be appointed a Volunteer Deputy Registrar (VDR) by each county in which they will be acting. Minnesota allows individuals to register to vote online. Third parties (like nonprofit staff) may not electronically submit a voter registration application on a voter’s behalf, but may help the voter submit the application, with the voter’s consent and in the voter’s presence. Many states also have restrictions on providing incentives for voter registration (like FEC regulations), so check your state’s laws for more. In California, if you request more than 50 voter registration cards, you must submit a distribution form that (among other things) requires you to summarize your distribution plan. 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! Check out Nonprofit Vote’s National Voter Registration Day website for tips and shareable posts. Train your staff and volunteers ...

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

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: People’s Parity Project