being nonpartisan: guidelines for 501c3 organizations presented by
TRANSCRIPT
BEING NONPARTISAN:Guidelines for 501c3
Organizations
Presented by
A national hub of voter engagement resources and trainings to help nonprofits integrate nonpartisan voter
participation into ongoing activities and services.
The official voter participation partner of the National Association of Secretaries of State for the nonprofit sector.
Visit our website for more on our mission and partners: www.nonprofitvote.org
About
TODAY’S PRESENTER
Who
George PillsburySenior ConsultantNonprofit VOTE
• Tax exempt and tax-deductible: In exchange for donors getting a tax deduction, 501c3 nonprofits must remain nonpartisan
• The one sentence prohibition: “A 501(c)(3) nonprofit organization may not support or oppose a candidate for public office”
501(C)(3) NONPROFIT ORGANIZATIONS
2014Midterm
BENEFITS OF NONPARTISANSHIP
• You are a trusted messenger that can reach audiences others don’t
• You can host candidate forums and events
• A good place to be for your staff, board and audience
WhyNonprofits
AGENDA Being Nonpartisan: The Basic Guidelines
1. Voter Registration2. Voter Education3. Engaging Candidates4. Ballot Measures5. Get Out The Vote
Issue Advocacy and More Staff Activities on Personal Time 501c4 Organizations More Resources
BEING NONPARTISAN:Basic Guidelines for 501(c)3)s
A 501(c)(3) nonprofit organization may not support or oppose a candidate for public office.
WHAT’S PARTISAN - THE ONE RULE
BeingNonpartisan
May not –• Endorse candidates• Donate money or
resources to candidates• Rate or rank candidates
on their positions compared to yours
• Question: Can our nonprofit let a candidate use our phones for a phone bank or a hall for an event?
• Answer: Yes, so long as you offer the same to all candidates at fair market value
CANDIDATES USING YOUR RESOURCES?
BeingNonpartisan
• Ok to compare candidates on the issues in candidate questionnaires, voter guides
• Keep your opinion out of it – don’t indicate the right position in the printed guide or on the same page of the website
CANDIDATE COMPARISONS
BeingNonpartisan
SCORECARDS
BeingNonpartisan
WHAT NONPROFITS CAN DO
Nonprofits may conduct nonpartisan voter engagement activities to educate the public and help them participate in elections, including -
BeingNonpartisan
May –• Register Voters• Educate Voters• Get Out The Vote (GOTV)• Hold Candidate Forums
1. VOTERREGISTRATION
• Promote voter registration– Announce deadlines– Provide information on where and
when to register to vote
• Conduct voter registration– Table in your lobby– Register voters at events– Do a voter registration drive
COMMON NONPARTISAN ACTIVITIES
VoterRegistration
• No endorsements: May not suggest which party to join or candidate to vote for
• Know your state’s rules: Use our “Voting in Your State” guide. Coordinate with your local election office
– www.nonprofitvote.org/voting-in-your-state/
VOTER REGISTRATION GUIDELINES
VoterRegistration
• Question: Can I help the voter select a party affiliation?
• Answer: You can explain what it means in your state to register as “unenrolled” or “unaffiliated” and the consequences of party enrollment for primary voting.
____________• Question: What if the person asks about the
candidates?• Answer: Just remind volunteers to say it’s a
nonpartisan effort. Provide a few options for finding more information.
VOTER REGISTRATION GUIDESLINES
VoterRegistration
2. VOTEREDUCATION
• How, where and when to vote– Early Voting– Voter ID Needed– Civic Education
VoterEducation
THE PROCESS OF VOTING
CANDIDATES AND ISSUES
• Sample Ballots and Voter Guides
• Candidate Questionnaires
VoterEducation
Stay Neutral when mentioning the names of
candidates
Ask questions on a range of topics
Not just yes or no. Let candidates explain view, but give a word limit
Send it to all candidates in the race
If a candidate doesn’t respond - may list “no response” or use official statements from the candidate’s website
CANDIDATE QUESTIONNAIRES
VoterEducation
It’s only partisan if you provide a correct answer in the same communication
3. ENGAGINGCANDIDATES
• Invite candidates to an event• Sponsor a candidate forum• Send candidates your policy
ideas
THREE WAYS TO ENGAGE CANDIDATES
EngagingCandidates
• Question: Can a candidate who is invited to an event make a short statement about their candidacy from the podium?
• Answer: No! Whether invited or not, candidates may not campaign at your events.
CANDIDATE APPEARANCES
EngagingCandidates
At an event• Invite all the candidates running for the
same office• Treat candidates as guests – no campaign
materials allowed• Remind audience it’s a nonpartisan event
and thank candidates for attendingEngaging
Candidates
CANDIDATES APPEARANCES
Elected officials may be invited to speak in a non-candidate capacity.
• Cover a range of issues or topics within your own issue area
• Provide equal time for the candidates
• Ask all candidates to attend• Have at least 2 candidates to be a
“forum”
CANDIDATE FORUMS
EngagingCandidates
4. BALLOTMEASURES
Ballot measures are about laws or constitutional amendments
• Activity on ballot measures is lobbying. It’s influencing the passage or defeat of a law– not the election or defeat of a candidate
• 501c3 nonprofits may work for or against a ballot measure as a lobbying activity
BALLOT MEASURES
BallotMeasures
5. GET OUT THE VOTE AND ELECTION DAY
501(c)(3)s may -• Make the election visible• Provide voter assistance• Conduct get-out-the-vote drives• Remind staff and constituents to
vote
GET OUT THE VOTE
Get OutThe Vote
• Give staff time off: To vote or do nonpartisan election activities
• Rides to the polls: No campaign materials on the vehicles
• Celebrate Democracy: Make Election Day special. Have a party.
ELECTION DAY
ElectionDay
ISSUE ADVOCACY AND MORE
“501(c)(3) organizations may take positions on public policy issues, including issues that divide
candidates in an election for public office.”
(Internal Revenue Service 2006)
ISSUE ADVOCACY
IssueAdvocacy
Factors to consider -• Increasing advocacy activities during
the election season could be partisan
• History of work on an issue in the past is a key nonpartisan factor
• Responding to an external event is ok and nonpartisan
ISSUE ADVOCACY
IssueAdvocacy
WHAT STAFF CAN DO
• Nonprofit staff may engage in partisan activities, such as supporting a candidate, outside of normal work hours
Question: What about social media anytime of day?Answer: Distinguish your personal use of social media from that of your nonprofit
StaffActivities
• A “social welfare organization”
• Tax exempt (but no deduction)
• Unlimited lobbying and advocacy
• Can support candidates
GOING FURTHER - A PARTNER 501(c)(4)
Partner501(c)(4)
CONGRATULATIONS! YOU GRADUATED!
BeingNonpartisan
www.nonprofitvote.org
617.357.VOTE (8683)
www.nonprofitvote.org
Nonprofit VOTE89 South StreetSuite 203Boston, MA 02111
George Pillsbury
Julian Johannesen