RULES OF THE GAME: ELECTION-RELATED ACTIVITY FOR 501(c)(3s) ISAIAH CASTILLA / APRIL 12, 2016
Introduction • Muslim Advocates provides guidance and resources to mosques and other nonprofits. • The recent focus on American Muslims by presidential candidates and by various elected officials has raised questions about how to respond to anti-Muslim rhetoric. • This webinar is focused on providing an overview of the guidelines and rules for 501(c)(3)’s to ensure civic engagement in a manner that is consistent with the law.
Agenda • Introduction • Presentation by Alliance for Justice – What is Advocacy? – Non-partisan Electoral Activities • Questions and Answers – Follow-up/Resources
Alliance for Justice: Isaiah Castilla Alliance for Justice’s Bolder Advocacy Program • Promotes civic engagement in democratic processes and institutions by giving nonprofits and foundations the confidence to advocate effectively and by protecting the right to do so. Isaiah Castilla serves as Counsel at AFJ • Prior to joining AFJ, Isaiah was founding member of The Castilla Law Group, P.L.L.C. In his practice, Isaiah managed a caseload of both civil and criminal matters, and worked with non-profits on political advocacy and development. • Before practicing law, Isaiah served in a variety of positions, including as a Deputy Finance Director, Regional Finance Director and Finance Director and Counsel in a variety of political campaigns. As a finance staffer, Isaiah built and executed robust fundraising plans and gained a wealth of knowledge in state and federal campaign finance law.
Question and Answer Session Submit questions: • Using the webinar chat function; • By e-mail to charities@muslimadvocates.org; or • By text message to 202-765-4249 To follow-up after the webinar, contact Muslim Advocates at charities@muslimadvocates.org or 202-765-4249
501(c)(4)s Political 501(c)(3)s 501(c)(5)s Organizations 501(c)(6)s Examples Sierra Club PAC tax-exempt contributions Tax tax-exempt tax-exempt tax-deductible Treatment private foundation grants Lobbying RARE AND LIMITED UNLIMITED Activities USUALLY TAXABLE CANNOT SUPPORT OR Electoral OPPOSE A CANDIDATE SECONDARY ACTIVITY USUALLY SOLE ACTIVITY Activities FOR OFFICE
WHAT IS ADVOCACY?
Educate Nonpartisan Public Voter Ed. Change Organize Corporate Communities Behavior Lobbying PARTISAN POLITICAL Exceptions Educate Regulatory Legislators Efforts Educational LOBBYING Conferences Encourage Litigation Voting Research Skills Training AVENUES FOR ADVOCACY
What can I do? What should I do?
NONPARTISAN ELECTORAL ACTIVITIES
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
Rules that apply to print and verbal communications also apply to ONLINE COMMUNICATIONS
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
ISSUE ADVOCACY Lobbying/ Advocacy Campaigns Criticizing Incumbents Legislative Scorecards Candidate Education LEGISLATIVE SCORECARDS
Sent to PUBLIC Sent to MEMBERS Published Published REGULARLY REGULARLY Includes Includes ALL LEGISLATORS ALL LEGISLATORS BROAD Range NARROW Range of Issues of Issues AVOIDS Commentary ALLOWED Commentary
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 Supporting or Criticizing Incumbents Legislative Scorecards CANDIDATE Candidate Education EDUCATION
CANDIDATE EDUCATION Offer to all Use only what is already gathered Only create new information if organization has reason to do so
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
VOTER EDUCATION candidate questionnaires CANDIDATE candidate debates and forums QUESTIONNAIRES candidate appearances appearances unrelated to candidacy
QUESTIONS Unbiased questions Open-Ended Questions Distribute to all candidates Broad range of issues No Pledges FORMATTING No editing Present responses equally Disclaimers CANDIDATE QUESTIONNAIRES
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 “ Neither the League of Women Voters Education open-ended questions Fund nor any of its partners distribute to all takes any position on or candidates expresses any preference broad range about the issues or of issues candidates displayed on this no pledges site. The League of Women FORMATTING Voters does not support or oppose candidates or no editing political parties.” 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 APPEARANCE questionnaires UNRELATED candidate debates and forums TO CANDIDACY candidate appearances appearances unrelated to candidacy
APPEARANCE UNRELATED TO CANDIDACY Awards & Policy Updates No Equal Opportunity Required Avoid Mentioning Candidacy Don’t Time to Coincide with Election Disclaimers and Letters
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
VOTER REGISTRATION No Reference to Party/Candidate No Suggestion of Who to Vote For Make Service Available to EVERYONE Targeting for NONPARTISAN Reason
VOTER REGISTRATION No Reference to Party/Candidate No Suggestion of Who to Vote For Make Service Available to EVERYONE Targeting for NONPARTISAN Reason
VOTER REGISTRATION No Reference to Party/Candidate No Suggestion of Who to Vote For Make Service Available to EVERYONE Targeting for NONPARTISAN Reason
VOTER REGISTRATION No Reference to Party/Candidate No Suggestion of Who to Vote For Make Service Available to EVERYONE Targeting for NONPARTISAN Reason
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