This is a special rebroadcast of an episode from earlier this year on a self assessment tool that our nonprofit listeners should know about because of the continued and on-going threats of politically motivated investigations and attacks on the sector.

We’ll be back in two weeks with a brand new episode.

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For those who caught our most recent podcast on Nonprofit New Year’s Resolutions – Resolution #2 was to conduct an Advocacy Check Up. In this episode, we’re deeper into how to do that. We released new Nonprofit Self-Assessment tool, designed to help nonprofit organizations assess your overall compliance with federal and state advocacy-related tracking and reporting requirements, and to identify opportunities to build your organization’s advocacy capacity.

Attorneys for this Episode

Quyen Tu Sarah Efthymiou Susan Finkle Sourlis

 

ü   Governance & Administration: Strengthen your nonprofit’s compliance and operational efficiency

·      Having legal and accounting support from professionals with knowledge of nonprofits can help safeguard against unnecessary risk and prevent costly errors

·      The IRS recommends, and some states require, that certain organizational policies are maintained, such as document retention & destruction and conflict of interest policies.

·      Most states have registration and reporting requirements when nonprofits solicit funds from their state’s residents. Nonprofits should regularly review their fundraising activities (including online) to determine whether they need to register.

 

ü  Funding Sources: Once your legal house is in order, we suggest that you look at your funding sources.

·      The type of funder will help determine what type of funds you are dealing with, e.g., general support vs. project specific grants, single-year vs multi-year grants.

·      Determining the funding source will help you understand how you can spend the funds, whether there are limitations, and how you pay for the day-to-day operational costs for your nonprofit.

 

ü  Advocacy Activities, including lobbying

·      Important to understand if an activity or communication is lobbying or nonlobbying advocacy.

·      Whether your nonprofit has taken the 501(h) election will help you know your lobbying limits as a 501(c)(3), as well as how to define lobbying.

·      Don’t forget that many activities may look like lobbying but fall under an IRS exception. The checklist has you covered there, too.

·      State and federal lobbying disclosure rules may apply to your work, too.

 

ü  Coalition and Affiliate Work

·      The checklist also raises questions to consider when establishing and setting up a coalition and affiliate relationships. For example, Do you have a cost sharing agreement? Do you share staff, how do you keep track of the programs that are distinct to each organization? Are staff aware of the difference between the two orgs? These questions are important to the foundational principles of how c3s and c4s can work together – or in broader coalitions.

·      The basic principle is in regards to the flow of money and assets, we refer this as riding a bike up the hill – money or shared assets (like sharing staff) from the c3 to a c4 is slow deliberate process and you need to have the systems in place to ensure that the c3 is not supplementing or supporting the allowable c4 political activity.

·      Having the appropriate documentation and keeping track are also important principles to follow.

ü  Nonpartisan Election Activities

·      Although one election cycle just ended, another one is underway – there will be many local and state elections in the odd year. Thinking about and preparing for election-season activities should be part of every nonprofit’s check-up.

·      Do staff or volunteers understand the rules around nonpartisan activity? Do staff or volunteers know what hats they are wearing – what can they do in their official organizational capacity or as an individual on their own personal time?

·      In this section, think about your activities your nonprofit might participate in, e.g., will you conduct town halls, candidate questionaries, or voter education?

Resources: The primary resource that we highlighted today is our new Advocacy Check-Up: Nonprofit Self-Assessment. Within the checklist, you’ll find links to Bolder Advocacy and other helpful resources that will help you complete your assessment and be in the best position to advocate for your organization, your mission, and your communities.

 

ROTG137 Politically Motivated Attacks Revisited

 

Nonprofit advocates face a complex environment in 2025 where political disagreements routinely escalate into targeted attacks—ranging from carefully crafted misinformation to more extreme tactics like organizational funding cuts, subpoenas, and personal targeting. This episode explores the emerging challenges advocates encounter, offering insights into recognizing, preparing for, and navigating these increasingly sophisticated forms of political pushback.

 

Attorneys for this Episode

Brittany Hacker

Tim Mooney

Quyen Tu

 

 

Evolution of Political Attacks

This isn’t the first time we’ve covered this topic—we discussed it back in earlier episodes when attacks primarily came from private organizations and non-governmental entities like Project Veritas. What’s changed is the increasing use of official government investigative authority against tax-exempt organizations, including:

 

Current Landscape: Government Investigations & Bad Faith Actors

• Executive Orders from the Trump administration
• Universities under attack and scrutiny
• Government agencies: Department of Government Efficiency (DOGE)
• State Attorneys General investigations (particularly from those seeking higher office)
• New techniques utilizing official power with minimal basis for investigation

The key challenge: These officials have great investigative power and can exercise it with the slimmest basis, using bad faith political attacks against organizations doing good community work they simply disagree with.

 

Examples of Great Advocacy in Response

Despite these attacks, many nonprofits have stepped up their advocacy:

 

Challenging the administration in court

• Almost every executive order has faced legal challenges
• Many nonprofits have teamed up for court cases
• Some challenges have been successful, others ongoing

 

Calling out attacks for what they are

• Naming attacks as politically motivated and in bad faith
• Pointing out reliance on dubious information
• This approach has met with significant success

 

Solidarity in numbers

• Some law firms and universities initially settled with the administration
• Others joined together and refused to settle or capitulate
• Finding strength in solidarity and continuing their missions

 

Funder support stepped up

• Funders creating new short-term grants
• Establishing legal defense funds
• Providing pro bono services for nonprofits
• Some funders publicly increased funding; others acted quietly but effectively

 

Being Prepared: Your Best Defense

 

Legal and Administrative Compliance

The best defense is ensuring full compliance with all applicable laws so you can advocate with confidence.

 

Advocacy Check-Up Tool: Our nonprofit self-assessment (13-page document available free on our website)

• Identifies opportunities to enhance compliance with tax, lobbying, election, and other laws
• Provides starting place to assess existing systems
• Helps prepare for attorney meetings with specific checklist items

 

Key compliance areas to review:

• How your 501(c)(3) remains nonpartisan
• Staying within lobbying limits for C3 public charities
• Ensuring all reporting is current (IRS, FEC, local ethics commissions)
• Checking insurance coverage (directors & officers, liability)
• Board setup and bylaw compliance
• Document management: Store foundational documents electronically in the cloud

 

Maintain excellent records: Clear, accurate documentation to easily prove legal compliance when needed

 

Organizational Readiness and Communications Planning

Beyond legal compliance, you need comprehensive preparation:

• Identify vulnerabilities: What might attackers say about your work?
• Communications strategy: Have a plan for public response
• Election season policy: Clear guidelines for staff activities
• Document retention policy: Know what to keep and for how long
• Staff training: Especially public-facing staff and volunteers
• Train them to recognize unusual questions outside normal scope
• Establish “odd question point person” to defer to
• Response protocols: Know what to do if attacked
• Legal counsel: Have a lawyer you can call or know who to contact

 

Most Important: Don’t Self-Censor

Remember these are bad faith attacks. You aren’t doing anything wrong. They’re trying to:

• Separate you from your funders
• Separate you from your supporters
• Make you stop your advocacy work
• Avoid engaging on the substance of your work

 

Don’t fall for the trap of stopping your advocacy just because they claim you’re doing something wrong. If your compliance is solid and you have a communications plan, you’ve likely done nothing wrong—keep doing your important work.

 

 

If You Are Attacked: Response Strategy

 

Initial Response: Don’t Overreact

• Reassure everyone: Staff, board, key supporters that you have a plan and are executing it
• Share with allies: Touch base with coalitions and peer organizations
• Attacks often target multiple similar organizations
• Share what you’re experiencing and your response plans
• Ask for help: Learn from others who’ve been through this; consult funders and foundations

 

Fact-Finding and Gap Analysis

• Get clear on accusations: What specifically are they claiming?
• Assess the facts: What do you know vs. don’t know?
• Close any gaps: You don’t have to be perfect
• Retrain staff if needed
• Amend reports if necessary
• Address any legitimate compliance issues

 

Response Protocol for Official Investigations

 

When facing government actors:

• Request identification and documentation: Ensure it’s a legitimate governmental agency with authority (warrant/subpoena)
• Preserve all evidence: Don’t destroy documents, emails, or other records
• Don’t obstruct government action but monitor their work (like supervising a contractor in your house)
• Protect privileged information: Seek legal advice on confidential/privileged materials
• Designate spokesperson: One staff member communicates with government actors and public to avoid conflicting messages

 

Legal Support and Defense

• Seek counsel for preparation: Some aspects you can handle alone, others need legal guidance
• Retain counsel for formal responses: Essential for official investigations
• Investigate legal defense funds: If budget is tight, these are increasingly available

 

Staying on Offense: Reframe the Narrative

With a good plan in place, you can be on offense instead of defense:

• Call political attacks what they are
• Feel confident in your legal compliance
• Ensure staff feel safe and confident by sharing/reviewing your plan
• Continue your great advocacy work because you’re in compliance with laws

 

Special Thanks to Funders

Shout out to funders who have stepped up during these attacks:

• Some have been very public about increasing funding
• Many have acted quietly without spotlight
• Both approaches are important and appreciated
• Creating new funding mechanisms and legal defense funds

 

Resources

Advocacy Check-Up: Nonprofit Self-Assessment

Essential Strategies for Navigating Government Inquiries (Perkins Coie)

Search Warrants: Dos and Don’ts (Perkins Coie)

Sample 501(c)(3) Policy for Election Season 

Election Activities of Individuals Associated with 501(c)(3)s 

Practical Guidance Series: Lobbying 

Practical Guidance Series: Nonprofit Voter Assistance

On-Demand Training: Preparing for Politically Motivated Attacks

Today we’re wrapping up our eight-part series by exploring how labor and economic justice nonprofits can advance their missions through advocacy. We’ll cover recent developments and examine both lobbying and non-lobbying strategies that advocates are using to improve economic justice for all.

 

Attorneys for this episode  

Tim Mooney

Susan Finkle Sourlis

Sarah Efthymiou

 

Shownotes

Current Events / Executive Orders

·      Trump Administration Directives Impacting Workers

o   In March, President Trump issued an executive order exempting national security agencies from the Civil Service Reform Act of 1978. The EO revokes collective bargaining rights for over a million federal workers, hindering their ability to organize and improve working conditions.

o   In January 2025, an executive order paused the planned increase of the minimum wage for federal contract workers to $17/hour, reversing wage gains for thousands of low-wage employees.

o   In March 2025, another executive order directed the Department of Labor to halt enforcement of protections against misclassification for independent contractors, adopting a worker-unfriendly test that limits employee eligibility for wage and hour protections.

·      Illegal ICE & DHS workplace raids: ICE, racing to fulfill the Trump Administration’s goal to increase deportations, is increasingly targeting work sites for immigration sweeps in LA and other major cities. In addition to loss of essential income for workers who are afraid to show up for work, this escalation is a chilling effect on businesses and local communities.

Non-lobbying Advocacy

Advocacy can take many forms, and lobbying is just one form. Your organization can engage in non-lobbying activities like: Organizing, educating the public, conducting research, executive branch and regulatory activities, training and litigation are just a few examples.

 

·      Educating the Public

o   Nonprofits that support immigrant workers, such as The Coalition for Humane Immigrant Rights (CHIRLA), are sharing “know your rights” info, so workers are better prepared if stopped by immigration officials. Other groups provide information for employers, such as the National Employment Law Project’s What to do if Immigration Comes to Your Workplace.

·      Identify & advocate to supportive government officials:

o   Find your allies in government and encourage them to continue to defend their communities. Many nonprofits have lauded Los Angeles Mayor Karen Bass’ and California Governor Gavin Newsom’s public criticism of the federal government’s actions in LA, describing the deployment of military forces to the city as an overreach and a violation of state sovereignty.

·      Holding a Rally

o   In February, federal workers organized coordinated “Save Our Services Day of Action” events in multiple cities to build a broader network of support and to put pressure on the administration and Congress to block the illegal firing of fed workers

·      Litigation as Advocacy

o   A multi-state coalition of nonprofits, unions, and local governments sued the Trump Administration over mass layoffs of federal workers without approval of Congress.

Lobbying

·      Pro-Worker Legislation

o   Nevada’s state legislature is currently considering expanding their existing Paid Family & Medical Leave program beyond state employees

·      Ballot Initiatives Coming on the heels of several key wins in 2024 (Alaska, Missouri, and AZ), already seeing upcoming ballot measures

o   A potential Ohio Nov 2025 ballot initiative to increase minimum wage to $15/hour; and Oklahoma qualified June 2026 ballot measure to increase the state’s minimum wage to $15/hour

Resources

·      Power & Equity: The Advocacy Playbook for Labor and Economic Justice

·      Practical Guidance: What your nonprofit needs to know about lobbying in your state

·      Investing in Change: A Funder’s Guide to Supporting Advocacy

·      What is Advocacy? 2.0

·      Seize the Initiative