Elections & Nonprofits: Do’s and Don'ts

1. Elections & Nonprofits:Do’s and Don'ts

2. AGENDA • Benefits of election activities • The law concerning nonprofits and election activities • Do’s and Don’ts www.clpi.org

3. BENEFITS www.clpi.org

4. How do nonprofits benefitfrom election activities? • More voices heard. • Complement to other advocacy work. • Increased visibility. • Relationships. www.clpi.org

5. THE LAW www.clpi.org

6. 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)

7. 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)

8. 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

9. More Law:Permissible 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

10. More Law:Permissible 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

11. DO’S & DON’TS www.clpi.org

12. DO: Be neutral and objective in all your activities. Continue normal lobbying activities. DON’T Support or oppose any candidates or political parties in any way. BASIC DO’S & DON’TS: www.clpi.org

13. DON’T… …endorse a candidate or political party. • DON’T make or publish oral or written materials supporting a candidate. • DON’T rate candidates. • DON’T publicize which candidates share your organization’s views. www.clpi.org

14. DON’T… …oppose a candidate or political party. • DON’T make or publish oral or written materials against a candidate. • DON’T rate candidates. • DON’T publicize which candidates don’t share your organization’s views. www.clpi.org

15. DON’T… …use organizational resources (e.g., money, time, facilities, contact lists, etc.) for or against any candidate. • DON’T fundraise for a candidate. • DON’T let a candidate or campaign staff use office equipment. • DON’T give employees paid time off to campaign. www.clpi.org

16. 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. www.clpi.org

17. 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. www.clpi.org

18. DO… …implement voter education projects. • DO educate the public about issues, including the issues your organization cares about. • DO educate candidates, too. www.clpi.org

19. 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. www.clpi.org

20. 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. www.clpi.org

21. 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. www.clpi.org

22. 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! www.clpi.org

23. 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. www.clpi.org

24. 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. www.clpi.org

25. DO… …allow staff time off to vote. …encourage your board, staff, volunteers, and members to volunteer as poll workers or translators. www.clpi.org

26. REMEMBER! These do’s and don’ts apply to the organization. Individual staff members and board members may engage in any electioneering activities as private citizens, when not representing the organization. www.clpi.org

27. Questions? For additional information, please see: • Center for Lobbying in the Public Interest www.clpi.org, (202) 387-5048 • Nonprofit Voter Engagement Network www.nonprofitvote.org, (651) 642-1904 www.clpi.org