On this episode, we begin looking forward to 2022 and what is sure to be an exciting year to come. Whether your nonprofit is gearing up for midterm elections, legislative advocacy, or administrative activism, there are several steps you can take to prepare your team NOW. That is why we present you with our TOP 10 nonprofit New Year’s Resolutions. 

Our Attorneys for This Episode: 

Natalie Ossenfort  Tim Mooney  Leslie Barnes 

Show Notes: 

1. Schedule your election season advocacy training now. While midterm elections happen later in the year, candidates are launching their campaigns, and primary election season is gearing up. Make sure your staff is ready by training them on how your nonprofit can engage with candidates and voters while remaining in compliance with state and federal law. 
2. Make sure you have an election season policy, and have your staff and Board members review and sign it. Many nonprofits are perfectly situated to get out the vote and pursue important policy agendas, but these activities can trigger conversations that implicate nonprofit election season advocacy rules. By having a policy (and sticking to it), you create a layer of protection for your organization as it confidently moves into 2022. 
3. Build in accountability advocacy for your (c)(3) or (c)(4) for year-round effectiveness. Nonprofits can hold their elected officials accountable for how they serve their constituents. There are a variety of activities in which nonprofits may engage to remind legislators and elected officials that their issues matter, educate constituents about officials’ positions and actions, and demonstrate to officials that their votes will not go unnoticed. 
4. Have a 501(c)(3) and a 501(c)(4)? Get set up to grant unused lobbying capacity from the (c)(3) to the (c)(4) at the end of the year with our brand-new guide – Maximizing Your Advocacy! Why? Lobbying can count as one of a (c)(4)’s primary purpose activities, helping it to maintain the required balance between nonpartisan and partisan (secondary activity) work. 
5. Prepare to educate candidates and political parties on your issues. An election year is a perfect time to capitalize on any heightened interest people have in the issues important to your communities. While 501(c)(3)s cannot provide singular research, strategy, or support to one candidate or political party, they can use this opportunity to educate candidates in a nonpartisan manner and even influence candidate and political party platforms.  
6. Resolve to support democracy in 2022. The IRS permits 501(c)(3) nonprofits to engage in charitable activities, including nonpartisan activities that support democracy, expand the electorate, & encourage civic engagement provided the activities further the organization’s mission. Determine if your state’s election laws have changed for registering or voting, and build voter education and outreach into your advocacy work. 
7. Make plans to brush up on your knowledge of state lobbyist registration and campaign finance reporting requirements. Depending on what level of government you are working to impact, you may trigger reporting requirements at the local, state or federal levels. These laws could require you to track both your administrative and legislative activities and any expenditures you make on ballot measure campaigns (in addition to independent expenditures if you happen to be a (c)(4) working to influence candidate elections). Luckily, we have a wealth of state law resources on our website including a NEW practical guidance lobbying series. 
8. Take stock of your capacity to engage in advocacy, and embrace your strengths (and weaknesses) as an organization to maximize your impact at the legislature and beyond. Where should you start? Our Advocacy Capacity Tool is a good place to begin. By evaluating your goals, plans, strategies, partnerships/networks, operations, and more, your nonprofit can put itself in the best position for advocacy success. 
9. Get social! (on social media that is). Social media offers nonprofits an opportunity to amplify their advocacy to reach communities far and wide. Whether your organization is building its presence on IG, TikTok, Twitter, Facebook, or elsewhere, make use of online advocacy as a tool to expand your supporter base and activate public policy campaigns. Just remember that tax code nonprofit advocacy rules will still apply, and check out our guide to Public Policy in the Digital Age to remain in compliance. 
10. Take time for yourself. Just because you work for a nonprofit or serve on a nonprofit Board, that doesn’t mean that you can’t step away from time to time to re-center and engage in the activities that bring you happiness and joy. Just like the last couple of years, 2022 is almost certain to bring with it its own unique set of challenges. Stay focused, stay diligent, but also keep motivated by taking time for YOU. 

Resources: 

Accountability Advocacy for 501(c)(3)s 

Accountability Advocacy for 501(c)(4)s 

Is It (c)(3) Compliant? – Decision tree for election-year activity 

Advocacy Capacity Tool 

Maximizing Your Advocacy: 8 Steps for Granting Unused Lobbying Capacity from a 501(c)(3) to an Affiliated 501(c)(4) 

Maximizing Your Advocacy Supporting Documents  

Public Policy in the Digital Age: The Law of Online Lobbying & Election-related Activities 

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

On this episode, we’ll take time to reflect on what was a very exciting year for nonprofit advocates. Across the United States, nonprofits organized, formed coalitions, and mobilized communities to advance the goals of equity, justice, and equal rights for all. This episode will highlight some of their success stories and set a celebratory stage for the new year to come.  

Our Attorneys for this Episode  

Natalie Ossenfort   Quyen Tu   Tim Mooney   

Show Notes 

• CALIFORNIA 

• • In 2021, nonprofit members of California’s Health4All Coalition successfully shepherded in the passage of “Health for All Seniors.”   
  • In September, a nonprofit coalition and several community activists convinced the Los Angeles County Board of Supervisors to begin the process of phasing out oil drilling in unincorporated L.A. County.  
  • AFJ/BA helped NPs pass a bill to prevent police from blocking journalists covering protests and demonstrations. 

• TEXAS 

• • Nonprofits across the state joined forces to successfully advocate for legislation that expands postpartum Medicaid coverage to six months (instead of two). The organizations plan to continue the fight in 2022 expand the law even further. 

• NEW YORK 

• • Advocates at the New York Transgender Advocacy Group and their coalition partners scored a big win by convincing lawmakers to repeal a law that prohibited loitering for the purpose of engaging in prostitution. 
  • Just a few days ago, the New York City Council approved a massive expansion of voting rights, which will allow non-citizen residents to vote in municipal elections.  

• OTHER ADVOCACY SUCCESSES 

• • In June, nonprofit advocates in Vermont celebrated when the Governor signed into law a bill that expands voting rights by requiring that all registered voters in the state receive mail-in ballots. That same month saw a similar win in Nevada.  
  • The Women’s Foundation of Colorado threw its support behind several successful bills.  
  • Record number of federal judges have been confirmed,rebalancing the judiciary to more properly reflect the diversity of our country. 

 Resources

Public Charities Can Lobby  Being a Player: A Guide to the IRS Lobbying Regulations for Advocacy Charities  

In this episode, we turn to your questions. We put out the ask for listeners to send in questions on nonprofit advocacy, and on this episode, we’re going to answer a handful of the questions we’ve received that stood out. We’ll ease you in and ramp up the levels of difficulties. Ever wonder what types of questions we get at Bolder Advocacy? Stick around and find out!

Lawyers for this episode

Tim Mooney Quyen Tu Jen Powis

Show Notes

What is the difference between a nonprofit and a 501(c)(3)?

Where on my 990 do I look to see if I have selected the 501(h) election for measuring my lobbying?  And if I file today, is it effective next year, or this year?

Can a board member of a non-profit sign on to a partisan statement or call to action and list their affiliation with the non-profit if it is noted that affiliations are for “identification purposes only”?

Where on my 990 do I look to see if I have selected the 501(h) election for measuring my lobbying?  And if I file today, is it effective next year, or this year?

We have a 501(c)(3), and our board is considering forming an affiliated 501(c)(4). Can we use c3 dollars to hire initial c4 staff or to pay for start-up overhead?

Are there any issues with establishing a bail fund specifically to bail out protesters? 

Specifically, the IRS states that activities such as strikes, economic boycotts, picketing, and mass demonstrations are permissible methods of furthering the educational and charitable purpose of a 501(c)(3) organization, as long as three conditions are satisfied:

1. the organization’s purpose is charitable;
2. the organization’s activities are neither illegal, contrary to public policy, nor in conflict with express statutory restrictions or limitations; and
3. the activities of the organization are in furtherance of its exempt purpose and reasonably related to the accomplishment of such purpose.

IRS guidance, from 1976

Examples of bail funds that likely qualify

RAICES

Bail Project

Resources

Maximize Your Lobbying Limit

501(c)(3) Employees Running for Office

The Practical Implications of Affiliated 501(c)(3)s and 501(c)(4)s

IRS Form 5768 – electing 501(h)

IRS Form 8976 – notice to operate as a (c)(4)