Election-related Activity KEY POINTS: Nonprofits can and should engage their communities around elections Keep activities nonpartisan: no supporting or opposing candidates Can educate voters and encourage voting, but should not say who to vote for. See special rules for private foundations on voter reg. Public foundations can support or oppose ballot measures within lobbying limits; Private foundations create taxable expenditure when funding ballot measure work
No 501(c)(3) support for or opposition to CANDIDATES running for PUBLIC OFFICE
? Who is a “ CANDIDATE for PUBLIC OFFICE ”?
CHARACTERISTICS Office created by statute For any On-going position public office Fixed term Requires oath of office Includes School Boards
Rules that apply to print and verbal communications also apply to ONLINE COMMUNICATIONS
INDIVIDUAL PARTISAN ELECTORAL ACTIVITIES Personal Capacity Only Not on Company Time Organization Cannot Ratify Acts Have a Policy
What is NON-PARTISAN?
FACTS and CIRCUMSTANCES
Candidate Education Issue Advocacy Helping candidates understand the Advocating for organization’s issues importance of your issues during election year Voter Education Voter Outreach Educating voters in a nonpartisan Registering voters, getting out the way about candidates vote Ballot Measures Support or oppose state or local ballot measures Election Year Activities
ISSUE ADVOCACY Lobbying/ Advocacy Campaigns Criticizing Incumbents Candidate Education LOBBYING or advocacy campaigns
SUPPORTING OR CRITICIZING INCUMBENTS Focus on Legislative Issues Continue Ongoing Support/Criticism Don’t Support/Criticize Personal Characteristics CRITICIZING OR SUPPORTING INCUMBENTS
SUPPORTING OR CRITICIZING INCUMBENTS Focus on Legislative Issues Continue Ongoing Support/Criticism Don’t Support/Criticize Personal Characteristics CRITICIZING OR SUPPORTING INCUMBENTS
SUPPORTING OR CRITICIZING INCUMBENTS Focus on Legislative Issues Continue Ongoing Support/Criticism Don’t Support/Criticize Personal Characteristics CRITICIZING OR SUPPORTING INCUMBENTS
LEGISLATIVE SCORECARDS
PUBLIC MEMBERS published published regularly regularly includes includes all legislators all legislators broad range narrow range of issues of issues avoids commentary commentary allowed
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
QUESTIONS unbiased questions open-ended questions distribute to all candidates broad range of issues no pledges FORMATTING no editing present responses equally disclaimers
VOTER EDUCATION candidate questionnaires DEBATES candidate debates and forums & FORUMS candidate appearances 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
VOTER EDUCATION candidate questionnaires CANDIDATE candidate debates & forums APPEARANCES candidate appearances appearances unrelated to candidacy
CANDIDATE APPEARANCES equal opportunity required no contextual favoritism invite all viable candidates
VOTER EDUCATION candidate questionnaires APPEARANCE candidate debates and UNRELATED forums TO CANDIDACY candidate appearances appearances unrelated to candidacy
APPEARANCE UNRELATED TO CANDIDACY awards and policy updates no equal opportunity required avoid mentioning candidacy don’t time to coincide with election disclaimers and letters
no reference to party/candidate no suggestion of who to vote for make service available to everyone targeting for nonpartisan reason VOTER REGISTRATION
PUBLIC FOUNDATIONS May conduct and fund nonpartisan voter registration drives PRIVATE FOUNDATIONS May NOT fund voter registration drives, unless they do so in five or more states, in multiple election VOTER REGISTRATION cycles
Project funded must be: Sponsored by a 501(c)(3) organization Nonpartisan Not confined to one specific election cycle Conducted in 5 or more states Run by a group that meets additional rules related to the diversity of its funding Funding VOTER REGISTRATION DRIVES
Criticize Candidates Candidate Pledges Around Election ask candidates to sign pledges to increase criticism of candidate in support your issue proximity of election Contribute to Candidates Expressly Advocate donate money, goods, or services to distribute communications that urge a candidates vote for/against candidate Partisan Voter Endorse Candidates Registration & GOTV explicitly or implicitly favor or oppose a registration and GOTV targeting based candidate upon party affiliation NOT 501(c)(3) Permissible
For more information
WEST COAST Oakland, CA EAST COAST Washington, DC Los Angeles, CA TEXAS Dallas, TX 866-675-6229 isaiah@afj.org www.bolderadvocacy.org @AFJBeBold | @IsaiahAFJ www.facebook.com/BolderAdvocacy
Rules that apply to print and verbal communications also apply to ONLINE COMMUNICATIONS
Rules that apply to print and verbal communications also apply to online communications.
You can – and should – use your social media sites for lobbying.
c3s should not use social media to support or oppose candidates. c4s can use social media to endorse or oppose candidates.
No support for or opposition to candidates running for public office.
… but you can use social media to address comments a candidate has made. (Remember to stay focused on the issue and not the candidacy.) If you’re a c4 or a PAC, you can address a candidate’s fitness for office.
ISSUE ADVOCACY lobbying/ advocacy campaigns criticizing incumbents candidate education
You can friend the official Facebook page of an incumbent. On the other hand, the campaign page…
Keep it personal.
INDIVIDUAL PARTISAN ELECTORAL ACTIVITIES Personal Capacity Only Not on Company Time Organization Cannot Ratify Acts Have a Policy
Have a policy.
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