Elections

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Elections NonprofitsDos and Don'ts
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AGENDA

• Benefits of election activities
• The law concerning nonprofits and election
  activities
• Dos and Donts

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BENEFITS
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How do nonprofits benefitfrom election
activities?

• More voices heard.
• Complement to other advocacy work.
• Increased visibility.
• Relationships.

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THE LAW
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The Law

• Nonprofits may not participate in, or intervene
  in (including the publishing or distributing of
  statements) any political campaign on behalf of
  (or in opposition to) any candidate for public
  office.

Internal Revenue Code 502(c)(3)
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More Law Specific Limitations

• Activities which constitute participation or
  intervention in a political campaign on behalf of
  or in opposition to a candidate include, but are
  not limited to, the publication or distribution
  of written or printed statements or the making of
  oral statements on behalf of or in opposition to
  such a candidate.

Internal Revenue Code 502(c)(3)
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More Law Ramifications

• If a charity does intervene in a political
  campaign, it will lose its tax exempt status and
  its eligibility to receive tax-deductible
  charitable contributions.

Instructions for IRS Form 990
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More LawPermissible Activities

• Non-partisan voter education activities
  (including public forums and voter education
  guides) are permitted.

Instructions for IRS Form 1023, Application for
Tax-Exempt Status
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More LawPermissible Activities

• Non-partisan activities to encourage people to
  participate in the electoral process, such as
  voter registration and get-out-the-vote drives,
  are not prohibited political activity.

Instructions for IRS Form 1023, Application for
Tax-Exempt Status
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DOS DONTS
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BASIC DOS DONTS

• DONT
• Support or oppose any candidates or political
  parties in any way.

• DO
• Be neutral and objective in all your activities.
• Continue normal lobbying activities.

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DONT
endorse a candidate or political party.

• DONT make or publish oral or written materials
  supporting a candidate.
• DONT rate candidates.
• DONT publicize which candidates share your
  organizations views.

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DONT
oppose a candidate or political party.

• DONT make or publish oral or written materials
  against a candidate.
• DONT rate candidates.
• DONT publicize which candidates dont share your
  organizations views.

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DONT
use organizational resources (e.g., money, time,
facilities, contact lists, etc.) for or against
any candidate.

• DONT fundraise for a candidate.
• DONT let a candidate or campaign staff use
  office equipment.
• DONT give employees paid time off to campaign.

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DO
conduct voter registration drives.

• DO ensure your drive is not biased for or against
  any candidate.
• Drives can be targeted in nonpartisan ways,
  including
• Areas or people served by the organization.
• Areas with low turn outs.

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VOTER REGISTRATION

• Ideas
• Register your board, staff, volunteers, and
  members.
• Distribute registration forms at your meeting and
  events.
• Set up a table in a busy neighborhood.

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DO
implement voter education projects.

• DO educate the public about issues, including the
  issues your organization cares about.
• DO educate candidates, too.

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VOTER EDUCATION

• Ideas
• Display sample ballots.
• Host candidate debates or forums.
• Send a questionnaire to candidates and publish
  the results in a voters guide.
• Collaborate with other nonprofits.

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CANDIDATEDEBATES/FORUMS

• Questions must
• Address a broad range of issues.
• Not suggest the right response.
• Not be designed to help or hurt a candidate.
• All viable candidates for an office must be
  invited.
• The rules must not favor any candidate.

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Candidate Questionnaires

• Questions must
• Be clear and unbiased.
• Cover a broad range of issues.
• Provide the opportunity for the candidate to give
  a short explanation to questions posed as
  Yes/No/Undecided.
• If published, questions must be presented in the
  voters guide the same way they are posed in the
  questionnaire.

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CANDIDATE EDUCATION

• Ideas
• Send the candidates a policy paper on your
  issue(s).
• Inform the candidates about your programs.
• NOTE Be sure to provide the same level of
  support and information to ALL candidates in a
  particular race!

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DO
conduct get-out-the-vote (GOTV) drives.

• DO ensure your drive is not biased for or against
  any candidate.
• Drives can be targeted in nonpartisan ways,
  including
• Areas or people served by the organization.
• Areas with low turn outs.

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GOTV

• Ideas
• Encourage people to vote by
• Posting information on when and where to vote.
• Helping people request early ballots.
• Selling democracy.
• Facilitate trips to the polls
• Provide transportation to and from polling
  places.

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DO

• allow staff time off to vote.
• encourage your board, staff, volunteers, and
  members to volunteer as poll workers or
  translators.

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REMEMBER!

• These dos and donts apply to the organization.
  
• Individual staff members and board members may
  engage in any electioneering activities as
  private citizens, when not representing the
  organization.

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Questions?

• For additional information, please see
• Center for Lobbying in the Public Interest
• www.clpi.org, [phone]
• Nonprofit Voter Engagement Network
• www.nonprofitvote.org, [phone]