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Elections & Nonprofits: Dos and Don'ts Slide 2 www.clpi.org AGENDA Benefits of election activities The law concerning nonprofits and election activities Dos and Donts Slide 3 www.clpi.org BENEFITS Slide 4 How do nonprofits benefit from election activities? More voices heard. Complement to other advocacy work. Increased visibility. Relationships. Slide 5 www.clpi.org THE LAW Slide 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) Slide 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) Slide 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 Slide 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 Slide 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 Slide 11 www.clpi.org DOS & DONTS Slide 12 www.clpi.org BASIC DOS & DONTS: DO: Be neutral and objective in all your activities. Continue normal lobbying activities. DONT Support or oppose any candidates or political parties in any way. Slide 13 www.clpi.org DONT DONT make or publish oral or written materials supporting a candidate. DONT rate candidates. DONT publicize which candidates share your organizations views. endorse a candidate or political party. Slide 14 www.clpi.org DONT DONT make or publish oral or written materials against a candidate. DONT rate candidates. DONT publicize which candidates dont share your organizations views. oppose a candidate or political party. Slide 15 www.clpi.org DONT DONT fundraise for a candidate. DONT let a candidate or campaign staff use office equipment. DONT give employees paid time off to campaign. use organizational resources (e.g., money, time, facilities, contact lists, etc.) for or against any candidate. Slide 16 www.clpi.org DO 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. conduct voter registration drives. Slide 17 www.clpi.org 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. Slide 18 www.clpi.org DO DO educate the public about issues, including the issues your organization cares about. DO educate candidates, too. implement voter education projects. Slide 19 www.clpi.org 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. Slide 20 www.clpi.org CANDIDATE DEBATES/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. Slide 21 www.clpi.org 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. Slide 22 www.clpi.org 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! Slide 23 www.clpi.org DO 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. conduct get-out-the-vote (GOTV) drives. Slide 24 www.clpi.org 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. Slide 25 www.clpi.org DO allow staff time off to vote. encourage your board, staff, volunteers, and members to volunteer as poll workers or translators. Slide 26 www.clpi.org 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. Slide 27 www.clpi.org Questions? For additional information, please see: Center for Lobbying in the Public Interest www.clpi.orgwww.clpi.org, (202) 387-5048 Nonprofit Voter Engagement Network www.nonprofitvote.orgwww.nonprofitvote.org, (651) 642-1904