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Election Protection and Nonpartisan Voter Assistance

 This is a special rebroadcast of our episode on election protection and nonpartisan voter assistance from 2022. Since the original airing, Bolder Advocacy, in partnership with The Democracy Capacity Project, has expanded our series of state law guides on nonprofit voter assistance. Most states are covered and you can find them on our resource library page. We’ll be back in two weeks with a brand new episode.

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On this episode, we’ll discuss how different types of tax-exempt organizations can ensure the right to vote is protected by engaging in election protection activities and assistingvoters at the polls. and potentially afterwards. Whether it’s poll monitoring, ballot curing, staffing an election protection hotline, or providing rides to the polls, we’ll discuss the rules that apply to 501(c)(3)s and 501(c)(4)s so that your organization can ensure that all eligible voices are heard this election season. 

Attorneys for this episode  

  • Tim Mooney  
  • Natalie Ossenfort 
  • Quyen Tu 

Shownotes 

  • Poll watching / observing 
  • Litigation 
  • Rides to Polls 
  • Ballot chasing and curing 
  • Poll monitoring 
  • Count monitoring 
  • Voting education 
  • Nonpartisan activity
    • No support or opposition of candidates
    • Facts and Circumstances
    • Follow FEC rules if federal candidates on ballots (no incentives for voting or registering to vote) 
  • State law often adds layers of complexity here – be sure to know what is allowed in your state
    • Ohio: must stay outside 100ft no-solicitation permitter when line warming
    • Michigan: strict rules related to hiring a car to provide rides to the polls (effectively prohibited unless voter unable to walk)
    • CO / TX: strict rules that apply when you want to hand out and collect voter registration applications
  • Voter Assistance Series (AZ, CA, CO, FL, GA, IL, Maine, Michigan, Minnesota, Nevada, New Hampshire, New Mexico, NY, North Carolina, Ohio, Pennsylvania, TX, Virginia, Wisconsin)
    • Voter Registration Rules
    • Vote by Mail Rules
    • Correcting errors on absentee ballots (ballot curing)
    • Rides to Polls Rules
    • Line Warming Activities  
    • Poll Watching
    • What about selfies? 
  • Partisan Voter Protection
    • Ballot Chasing and Curing can be done with a partisan focus (for instance, only trying to cure votes of one party, litigating on behalf of a candidate)  
    • Off limits for c3s, which must engage in nonpartisan advocacy ONLY 
    • Ok for c4s but counts as secondary activity 

Resources Practical Guidance – Voter Assistance Series, released in partnership with the Democracy Capacity Project  Rules of the Game – Guide to Election Related Activities for 501(c)(3)s  Election Checklist for 501(c)(3)s Combating Voter Suppression & Election Subversion