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 assisting voters 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

On this episode, we discuss the unprecedented election-year challenges we face and the ways all nonprofits can help ensure a safe election. As trusted messengers, nonprofits can explain voting options and deadlines; encourage absentee voting and a new generation of poll workers; conduct election protection programs; support and join litigation and even facilitate voting and promote increased voter turnout. 

This is a repodcast of the first part of our three-part series from 2020. 

Our attorneys for this episode    

Leslie Barnes  

Tim Mooney  

Quyen Tu  

Shownotes 

• Election-year challenges 

• Dangers for in-person voting 
• Massive poll worker shortage 
• Monumental increase in voting by mail 

• Predictions for contested elections/delayed results 
• Defunding the United States Postal Service 
• Interference in the election by foreign and domestic actors 

• Reminder – 501(c)(3) organizations must remain nonpartisan  
• When We All Vote Video – Voter Registration Drives 

• https://youtu.be/XNt-9v3HY30s 
• Created by a c3, When We all Vote 
• Shared by a c3, NAACP Legal Defense and Education Fund 
• Nonpartisan – no support or opposition for any candidate for elected office 

• Explains how schools can create and promote a voter registration drive  
• Explains how volunteers can share news of newly registered voters on social media 
• Safe for community foundations and c4s too! 
• Special rules exist for private foundations  
• Can’t buy votes. Don’t exchange anything of value for someone completing a voter registration form or voting. 

• Can spend money to facilitate voting – Examples  
• Must also follow state law regarding voter registration and drives 
• IRS permits targeting voter outreach for nonpartisan reasons  

• Fair Fight Action Video – Vote By Mail/Voter Education 

• https://www.youtube.com/watch?v=HFl6AYki1B8 

• Encourages Georgians to vote by mail to shorten lines for those who must vote in person and reduce risk for all 
•  
• Fair Fight Action is a 501(c)(4) and could engage in partisan activity as secondary activity 
• This video is a nonpartisan example of voter outreach/education – primary activity 
• Safe for c3s to share as well! 

• Houston Justice Coalition Post 

• Safe for c3s and c4s to share government messages 
• Nonprofits can volunteer their space for voting/polling centers 

• Best practices for 501(c)(3)s 

• Nothing can support or oppose candidates 
• Avoid mixing issue advocacy with voter registration/GOTV/voter education 
• No candidate pledges 
• Any interaction with candidates? Offer the same info to others running 

• Best practices for 501(c)(4)s 

• Can support or oppose candidates – track efforts – secondary activity 
• Be aware of state laws 
• Don’t coordinate efforts with federal (and usually) state candidates 
• Report independent efforts under campaign finance laws 

Resources 

Bolder Advocacy Election Activities Page 

Want to Conduct or Fund a Voter Registration Drive 

Election Protection Efforts Factsheet  

Election Year Activities for 501(c)(4)s 

How 501(c)(4)s Can Hold Elected Officials Accountable  

Partisan Electoral Activity: What is it and What Can You Do? 

Non Bolder Advocacy resources 

Guide on how to do a school or community voter registration drive: https://www.headcount.org/wp-content/uploads/2018/03/Booklet_Final-1.pdf 

For college student looking for information on voting? Check: https://andrewgoodman.org/myvoteeverywhere/

We talk a lot about advocacy, but what’s advocacy without some wins? On this episode, we highlight some of the victories nonprofit advocates have achieved at the state and federal level.

Attorneys for this episode

• Nona Randois
• Victor Rivera
• Tim Mooney

California

• This summer California made history as the first state to agree to fully remove exclusions for Medi-Cal health coverage (California’s version of Medicaid) for all who are income eligible, regardless of immigration status.
• This year’s budget removed the final exclusions for that population, who will be eligible to access health coverage through Medi-Cal starting by January, 2024.
• California Immigrant Policy Center and Health Access California formed the #Health4All coalition in 2013. By 2022, the coalition consisted of 180 state and national organizations committed to health and racial justice.
• Bolder Advocacy has supported California Immigrant Policy Center (CIPC), Asian Americans Advancing Justice affiliates, Inland Coalition for Immigrant Justice, Public Health Institute, and many other members of the #Health4All coalition by providing training and technical assistance throughout this effort.
• Comment by Sarah Dar, the Director of Health and Public Benefits Policy at CIPC

Texas

• PN3
  • A pre-natal to 3 collaborative whose mission statement is that all Texas children are born healthy and have equitable access to health and early learning support in their homes and communities.
  • They were able to advocate for an expansion to post-partum Medicaid coverage for Texas moms during the last Texas legislative session.
  • During the most recent legislative session, the Texas House of Representatives overwhelmingly approved a bill that offered 12 months of coverage. However, the Texas Senate amended the legislation to six months instead. While the application is still in review, the work done by groups like PN3 has already made a significant impact.
• Burn Pits 360 (https://www.texastribune.org/2022/08/08/texas-burn-pit-bill/)
  • PACT Act – expanding benefits for veterans who have been exposed to toxic burn pits and providing better coverage for veterans overall.
  • With the passage of this bill, veterans who are diagnosed with any of the conditions listed in the legislation will be deemed automatically eligible for health coverage.

Federal and West Virginia

• The Inflation Reduction Act (IRA) recently passed and was signed by President Biden
• Formerly known as Build Back Better, many nonpriofits advocated for passage on all facets including tax reform, climate change and inflation relief
• “Kayaktivists” met Sen. Manchin on the Potomac river at his boat/yacht
• Manchin heard from representatives of community organizations across the state (including very rural southern WV)
• Fast forward 11 months and “will he or won’t he” Sen. Manchin was a critical element in passage of IRA – these WV advocates were a big piece of that

Resources

• California Immigrant Policy Center
• Health Access California
• Asian Americans Advancing Justice – Southern California
• Advancing Justice – Asian Law Caucus
• Inland Coalition for Immigrant Justice
• Public Health Institute