Alliance for Justice - Other Ways to Get Involved: Elections & Ballot Initiatives 8.28.14
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"How 501(c)(3) Organizations can Engage Around Elections and Ballot Measures?" Presentation by Nayantara Mehta, Alliance for Justice, at the Stronger Nebraska Policy Institute on August 28, 2014.
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Alliance for Justice - Other Ways to Get Involved: Elections & Ballot Initiatives 8.28.14
- 1. How 501(c)(3) organizations can engage around ELECTIONS and BALLOT MEASURES Nayantara Mehta Alliance for Justice
- 2. 1. Comparing nonprofit organizations 2. What does “non-partisan” mean? 3. How do the rules apply to an individual who AGENDA works for a 501(c)(3)? 4. What election year activities can we engage in, and how can we ensure we stay nonpartisan? 5. Where do ballot measures fit in?
- 4. 501(c)(3) 501(c)(4) Political Organizations Examples Tax Treatment Lobbying Activities Electoral Activities Tax-Exempt Contributions tax-deductible Private Foundation grants Connected/SSF Sierra Club PAC Tax-Exempt Tax-Exempt Limited Unlimited Rare and usually taxable Cannot support or oppose a candidate for office Usually, sole activity Secondary activity Follow federal and state election law Independent Emily’s List
- 6. No 501(c)(3) support for or opposition to CANDIDATES running for PUBLIC OFFICE
- 7. Excise Tax Revocation of Tax Exempt Status Possible PENALTIES Warning Letter
- 8. Who is a CANDIDATE for PUBLIC OFFICE?
- 9. Who is a CANDIDATE for PUBLIC OFFICE?
- 10. CHARACTERISTICS of a “PUBLIC OFFICE” Office created by statute On-going position Fixed term Requires oath of office Includes School Boards For any public office
- 11. Rules that apply to print and verbal communications also apply to ONLINE COMMUNICATIONS
- 14. Rules apply to 501(c)(3) staff and volunteers acting on behalf of 501(c) (3), not to those acting in INDIVIDUAL CAPACITY
- 16. Issue Advocacy Advocating for organization’s issues during election year Voter Education Educating voters in a nonpartisan way about candidates Candidate Education Helping candidates understand the importance of your issues Voter Outreach Registering voters, getting out the vote Election Protection Protecting the right to vote, poll monitoring Ballot Measures Support or oppose state or local ballot measures Election Year Activities
- 17. LOBBYING or advocacy campaigns ISSUE ADVOCACY Lobbying/ Advocacy Campaigns Criticizing Incumbents Legislative Scorecards
- 18. CRITICIZING Incumbents ISSUE ADVOCACY Lobbying/ Advocacy Campaigns Criticizing Incumbents Legislative Scorecards
- 19. CRITICIZING INCUMBENTS Focus on Legislative Issues Continue Ongoing Criticism Don’t Criticize Personal Characteristics
- 20. ISSUE ADVOCACY Lobbying/ Advocacy Campaigns Criticizing Incumbents Legislative Scorecards LEGISLATIVE Scorecards
- 21. Sent to PUBLIC Published REGULARLY Includes ALL LEGISLATORS BROAD Range of Issues AVOIDS Commentary Sent to MEMBERS Published REGULARLY Includes ALL LEGISLATORS NARROW Range of issues approved Commentary ALLOWED
- 23. Issue Advocacy Advocating for organization’s issues during election year Voter Education Educating voters in a nonpartisan way about candidates Candidate Education Helping candidates understand the importance of your issues Voter Outreach Registering voters, getting out the vote Election Protection Protecting the right to vote, poll monitoring Ballot Measures Support or oppose state or local ballot measures Election Year Activities
- 25. CANDIDATE EDUCATION Offer to all Use only what is already gathered Only create new information if organization has reason to do so
- 26. Issue Advocacy Advocating for organization’s issues during election year Voter Education Educating voters in a nonpartisan way about candidates Candidate Education Helping candidates understand the importance of your issues Voter Outreach Registering voters, getting out the vote Election Protection Protecting the right to vote, poll monitoring Ballot Measures Support or oppose state or local ballot measures Election Year Activities
- 27. QUESTIONS Unbiased questions Open-Ended Questions Distribute to all candidates Broad range of issues No Pledges FORMATTING No editing Present responses equally Disclaimers QUESTIONNAIRES
- 28. QUESTIONS Unbiased questions Open-Ended Questions Distribute to all candidates Broad range of issues No Pledges FORMATTING No editing Present responses equally Disclaimers
- 29. QUESTIONS Unbiased questions Broad range of issues FORMAT Invite all Viable Candidates Fair Rules Impartial Moderator Unbiased Audience Equal Opportunity No Contextual Favoritism DEBATES & FORUMS
- 30. APPEARANCE UNRELATED TO CANDIDACY Awards & Policy Updates No Equal Opportunity Required Avoid Mentioning Candidacy Don’t Time to Coincide with Election Disclaimers and Letters
- 31. CANDIDATE-RELATED EQUAL Opportunity No Contextual FAVORITISM ALL Viable Candidates Candidate may discuss election Timed to coincide with election NOT RELATED TO CANDIDACY NO Equal Opportunity No FAVORITISM because of candidacy NOT all Candidates required NO reference to election NOT timed to coincide with election
- 32. Issue Advocacy Advocating for organization’s issues during election year Voter Education Educating voters in a nonpartisan way about candidates Candidate Education Helping candidates understand the importance of your issues Voter Outreach Registering voters, getting out the vote Election Protection Protecting the right to vote, poll monitoring Ballot Measures Support or oppose state or local ballot measures Election Year Activities
- 33. VOTER REGISTRATION/ GOTV No Reference to Party/Candidate No Suggestion of who to Vote for Make Service Available to EVERYONE Targeting for NONPARTISAN reason
- 34. VOTER REGISTRATION/ GOTV No Reference to Party/Candidate No Suggestion of who to Vote for Make Service Available to EVERYONE Targeting for NONPARTISAN reason
- 35. VOTER REGISTRATION/ GOTV No Reference to Party/Candidate No Suggestion of who to Vote for Make Service Available to EVERYONE Targeting for NONPARTISAN reason
- 38. Issue Advocacy Advocating for organization’s issues during election year Voter Education Educating voters in a nonpartisan way about candidates Candidate Education Helping candidates understand the importance of your issues Voter Outreach Registering voters, getting out the vote Election Protection Protecting the right to vote, poll monitoring Ballot Measures Support or oppose state or local ballot measures Election Year Activities
- 40. ELECTION PROTECTION and POLL MONITORING No reference to which is better party/candidate No suggestion of who to Vote for Target for NONPARTISAN reason Train Volunteers!
- 41. Issue Advocacy Advocating for organization’s issues during election year Voter Education Educating voters in a nonpartisan way about candidates Candidate Education Helping candidates understand the importance of your issues Voter Outreach Registering voters, getting out the vote Election Protection Protecting the right to vote, poll monitoring Ballot Measures Support or oppose state or local ballot measures Election Year Activities
- 42. You can DO IT! Limits lobbying at all levels of government, must stay nonpartisan Requires disclosure of state ballot measure advocacy
- 43. State Law: Do you have to register?
- 46. QUESTIONS?
- 47. WEST COAST Alliance For Justice 436 14th Street Suite 425 Oakland, CA 94612 510-444-6070 EAST COAST Alliance for Justice 11 Dupont Circle, NW 2nd Floor Washington, DC 20036 202-822-6070 advocacy@afj.org 866.675.6229 www.bolderadvocacy.org for fact sheets and publications @AFJBeBold www.facebook.com/#!/BolderAdvocacy
Editor's Notes
- First example is Mitt Romney, running for President in 2012. He’s a candidate, as someone who has officially entered the race. Second example is Elizabeth Warren, so is clearly now a candidate. But before she officially entered the Massachusetts Senate race, she was being drafted to run for the US Senate. Even though she had not officially declared her candidacy, she was still considered a candidate if she was being drafter by the public or press to run, or if we knew she was considering running for office.
- Staff blogs – need to be careful that content is 501(c)(3) appropriate if being mentioned on 501(c)(3) website or business card
- Variety of tools available to advocate for change; not all tools are right for every organization
- Using the test in the previous example, this is an example of a way an organization might want to advocate for universal health care in proximity to an election. Whether this would be a risky communication for a c3 will depend upon the facts and circumstance I discussed in the previous slide. E.g. Whether the statement identifies one or more candidates for a given public office; Whether the statement expresses approval or disapproval for one or more candidates’ positions and/or actions; Whether the statement is delivered close in time to the election; Whether the statement makes reference to voting or an election; Whether the issue addressed in the communication has been raised as an issue distinguishing candidates for a given office; Whether the communication is part of an ongoing series of communications by the organization on the same issue that are made independent of the timing of any election; and Whether the timing of the communication and identification of the candidate are related to a non-electoral event such as a scheduled vote on specific legislation by an officeholder who also happens to be a candidate for public office.
- A 501(c)(3) could criticize Scott Walker, even though he is a candidate in a recall election in Wisconsin. But c3s would need to be careful to avoid commenting on his candidacy, personal qualities, etc., especially close to the election. And it’s better if the c3 has a track record of commenting on Walker’s actions as governor, so that it doesn’t appear that the c3 is only starting to criticize just before the election.
- One way we criticize the votes of legislators or help prop up legislators who supported your legislative priorities during legislative session is through legislative scorecards. Because of the format of this criticism, the IRS is concerned about the possible misuse of scorecards for a political purpose. For that reason, the IRS has specifically approved of two different ways to produce a legislative scorecard. If the organization doesn’t want to use one of these two methods, you have to use the “facts and circumstances” to evaluate whether the scorecard is too partisan.
- On the left is the safe harbor on the right is the membership option. With the membership option, REMEMBER TO EMPHASIZE NOT CANDIDATE QUALIFICATIONS and not commenting on fact that person is a candidate
- Democratic candidates – clearly intended to influence how they voted.
- Variety of tools available to advocate for change; not all tools are right for every organization
- One way to advocate for your issues is to educate the candidates on your organization’s position on various issues – with the hopes that the candidate will talk about your issues during the election season. The c3 is doing this to ensure the public is informed about the issues you care about and that it’s part of the campaign dialog.
- From Heritage Foundation Report: “As candidates begin their campaigns for office, they will need to be able to define the key issues quickly and then present their clear policy recommendations, supported by facts, for addressing those issues. Issues 2010 The Candidate’s Briefing Book provides these issues, facts, and solutions in language every voter will understand.”
- Variety of tools available to advocate for change; not all tools are right for every organization
- Possibly mention FEC rules here?
- Kamala Harris was a candidate for Attorney General in California in 2010, but she was also the District Attorney in San Francisco and has some innovative theories about crime prevention that she’s included in a new publication called “smart on crime.” A nonprofit working on crime prevention might want to invite Ms. Harris to meet with their constituents to talk about this issue. If the organization follows the tips listed on this slide, it would be fairly low risk for the nonprofit to issue this invitation.
- This slide shows difference between inviting someone because they are a candidate and inviting them for some other reason – usually because they are an incumbent. Already discussed these differences above, but showing them side by side here as a reminder.
- Variety of tools available to advocate for change; not all tools are right for every organization
- No Reference to Party/Candidate No Suggesting of who to Vote for
- Offer services to everyone
- Can’t offer services to everyone; so you can target based upon location or audience – if can articulate nonpartisan reason for targeting. Good idea to DOCUMENT the reasons.
- Added the pro choice vote example back in; and added in a “vote the environment” example – which is a yellow flag, although point out that we used to give it a red flag because it was an issue so closely aligned with the democratic party. Added in the final example to end on a positive note.
- Variety of tools available to advocate for change; not all tools are right for every organization
- True the vote suggests it is going to recruit 1 million volunteers for election day to intimidate voters. Even without these intentional efforts to suppress voting, of course, people can be prevented from exercising their right to vote if they are not able to access election materials in their language. Election officials may not be intending to intentionally disenfranchise people, but it’s still very important for poll monitoring around language access to take place.
- No Reference to Party/Candidate No Suggesting of who to Vote for
- Variety of tools available to advocate for change; not all tools are right for every organization
- Today I will be talking about two distinct laws: Federal Tax Law and California Political Reform Act, a sunshine law. First, federal tax law (governed by the IRS), provides that 501©(3) organizations can support or oppose ballot measures and treats this activity as lobbying. Basically, the IRS says “You can Do IT!” Second, you must also comply with state law, the Political Reform Act, which is governed by the Fair Political Practices Commission. State law requires the disclosure of your ballot measure activity. So, you can do it; but you have to report it.