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.

 * * * 

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

Today we’re diving into the seventh installment of our eight-part, issue-based podcast series, and we will explore how nonprofits that operate in the health and disability rights space can boldly advance their missions through advocacy. Not only will we touch on recent developments in the news, but we’ll also discuss various lobbying and non-lobbying strategies currently being used by nonprofit advocates working to improve healthcare access and disability rights.

 

Attorneys for this episode  

Natalie Ossenfort

Monika Graham

Victor Rivera

 

Shownotes

Current Events / Executive Orders

·      Trump Administration Directives on Health & Disability Rights

o   The One Big Beautiful Bill introduces new eligibility requirements that will exclude an estimated 5.2 million adults from receiving Medicaid benefits. In total, over 8.6 million adults could lose healthcare coverage as a result of this bill.

o   Health and Human Services Secretary Robert F. Kennedy Jr. recently dismissed the 17-member Advisory Committee on Immunization Practices.

o   Reports estimate that the Department of Health and Human Services has cut over 10,000 employees.

o   The Trump administration has also taken recent actions that limit healthcare coverage for gender-affirming care in its crusade against gender ideology.

·      Supreme Court victory for disability rights

o   The US Supreme Court unanimously held that children with disabilities should have an easier path to sue or seek recourse against schools for failing to provide ADA-compliant accommodations. This lower barrier of entry to bring legal claims represents a significant victory for disability rights groups.

 

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, working with your local state board of elections, training and litigation are just a few examples.

 

·      Educating the Public

o   The Arc’s North Carolina chapter, an AFJ member organization, continues to shed light on how recent actions by the Trump administration may have a lasting impact on the rights of students with disabilities.

·      Holding a Rally

o   This February[GU1] [VR2] [VR3] [GU4] , several health and disability rights groups held a Disability Advocacy Day at the Missouri Capitol. During the event, attendees urged the state to withdraw from a lawsuit brought on by 17 attorneys generals, including the Missouri AG. The groups want to keep federal protections for people with disabilities under Section 504 of the Rehabilitation Act. Section 504 provides funds for special accommodations for students and protects qualified individuals with disabilities.

·      Litigation as Advocacy

o   Planned Parenthood of Montana is celebrating a recent legal victory in the abortion space. by The Montana Supreme Court blocked several anti-abortion laws from taking effect in Montana that would institute a 20-week abortion ban and place significant restrictions on abortion-inducing medications.

o   A federal district judge granted a preliminary injunction temporarily blocking a Trump executive order that prohibits prison officials from providing gender-affirming hormone therapy and other accommodations to transgender people. The lawsuit was filed by the ACLU, the ACLU of DC, and the Transgender Law Center.

Lobbying

·      Advocacy Days

o   The Arc Minnesota recently organized a rally day at the Minnesota Capitol to protect disability funding.

·      Legislative Wins

o   California: A coalition of nonprofit organizations successfully pushed SB634, the Unhoused Service Providers Protection Act, off the Senate floor. This bill is designed to increase protections for people and organizations that provide support to the unhoused.

o   New York: The New York State Senate approved a bill that allows people facing terminal illnesses to end their lives on their own terms, which the bill’s proponents say will ensure a measure of autonomy to New Yorkers in their final days. The bill has the support of several health and disability rights groups like Compassion and Choices.

 

Resources

·      Health and Equity: The Advocacy Playbook for Health and Disability Rights

·      Public Charities Can Lobby Factsheet

·      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

 

Today we’re diving into the sixth of our eight-part series, exploring how nonprofits champion democracy and protect voting rights. We’ll unpack the strategies these organizations use to advocate for democratic participation while operating within the law. This conversation feels especially urgent as we see acceleration to challenges to voting rights and democratic institutions in 2025.

 

Attorneys for this episode  

Tim Mooney 

Natalie Ossenfort

Susan Finkle Sourlis 

 

Shownotes

Current Events / Executive Orders

·      Trump Administration Directives on Voting & Civil Rights

o   Disbanded the DOJ Voting Rights Section’s Election Monitoring Program.

o   Rescinded Biden executive order promoting federal agency voter registration partnerships

o   Halted implementation of interagency plans for voter access through social service agencies, and redirecting the Election Assistance Commission to implement draconian requirements outside the scope of its mission his authority over it.

·      Impact on Vulnerable Communities

o   Revoked supporting access to the ballot for voters with disabilities and non-English speakers.

o   Pressured USPS to deprioritize ballot delivery during election periods and issued an EO that attempts to reject mail in ballots postmarked on Election Day but received afterward.

 

Nonlobbying Advocacy

Although you may consider this an off year for federal elections (but many local and state elections are happening this year)  – now is the time to work to ensure the protection of voting rights for the future.

Advocacy can take many forms, lobbying is just one form. There are many ways organizations can advocate for change to ensure democracy and voting rights are secure. Organizing, educating the public, conducting research, executive branch and regulatory activities, working with your local state board of elections, trainings and litigation just to name a few way.

 

Here are some ways organizations have undertake

·      Educate the Public

o   Democracy North Carolina launched a digital explainer on redistricting and gerrymandering for community audiences, and engaged in election protection work. This included monitoring polling stations for long lines, problems with voting, voting misinformation.

·      Hold a Rally or Event

o   Detroit Action organized “Halloween Early Vote,” a trunk or treat in a historically underrepresented part of Detroit, promoting civic pride, early voting… and candy.

·      Litigation as Advocacy

o   Campaign Legal Center and Southern Poverty Law Center sued Louisiana for new proof of citizenship documentation as a violation of federal law.

o   League of United Latin American Citizens, the League of Women Voters Education Fund, the Democratic National Committee and others sued to overturn Trump’s federal elections executive order, successfully enjoining some of the more egregious parts of it.

Foundation-Funded Advocacy

·      Public and private foundations can fund 501(c)(3) nonpartisan voter engagement activities that do not support or oppose candidates for public office.

·      Special rules for private foundations re: voter registration drives (grants must be for nonpartisan VR drives conducted in 5 or more states over multiple election cycles), but community foundations can fund VR even for small, local, grassroots organizations.

·      Ford Foundation and Carnegie Corporation of New York have supported nonpartisan voter education and rights litigation to strengthen democracy and public trust in government.

 

Lobbying

·      Legislative Wins

o   New York: Enacted the John R. Lewis Voting Rights Act, pushed through with support from a coalition including Legal Defense Fund and Citizen Action of NY

o   New Mexico: Passed legislation mandating automatic and same-day voter registration following lobbying by ProgressNow NM and allies.

·      Ballot Measures Protecting Voting Rights

o   Michigan Proposal 2 (2022): Guaranteed early voting and drop boxes; supported by Voters Not Politicians and League of Women Voters of Michigan.

o   Arizona: Local advocates, including Living United for Change in Arizona (LUCHA), defeated multiple voter suppression ballot initiatives.

o   Nevada: Voters passed automatic voter registration (2018) and expanded it further in 2022 with strong nonprofit support.

Resources

·      Democracy & Equity: The Advocacy Playbook for Democracy and Voting Rights

·      Public Charities Can Lobby (Factsheet)

·      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

 

On this episode, the fifth installment of our eight-part, issue-specific series, we’ll explore how nonprofits can boldly and safely advocate for gender and reproductive justice. We’ll review recent policy developments and discuss how nonprofits can respond through legislative, executive, and judicial branch advocacy. Join us as we break down the rules and share recent examples of how nonprofits are advancing gender and reproductive justice.  

 

Attorneys for this episode   

Quyen Tu 

Brittany Hacker 

Melissa Marichal Zayas 

 

Shownotes 

• Gender and Reproductive Justice Headlines 

• Executive Branch Actions 

• Since taking office, President Trump has signed several sweeping executive orders that undermine the rights of transgender people and women and reduce access to reproductive health care.  

• These include, for example, orders that terminate federal diversity, equity, and inclusion programs; rescind executive orders that expanded access to reproductive health care; ban transgender people from serving in the military; limit coverage for gender-affirming care; and require federal agencies to recognize only two, “not changeable” sexes. 

• The DOJ has announced that, outside of extraordinary circumstances, it will stop enforcing the Freedom of Access to Clinic Entrances Act, a law that protects reproductive clinic staff from violence and harassment.  

• HHS Secretary Robert F. Kennedy Jr. has directed the FDA to review its approval of the medication abortion pill Mifepristone.  

• We’ve also seen major funding cuts across several agencies. HHS, for example, has terminated NIH grants focused on LGBTQ+ health issues and frozen millions of dollars of Title X funds, which help provide reproductive health services in low-income communities. 

 

• Litigation 

• Many nonprofits, as well as state attorneys general, have filed lawsuits challenging the executive orders that seek to curtail LGBTQ+ rights and DEI initiatives.  

• In February, for example, a group of several civil rights nonprofits, along with Crowell & Moring LLP, filed a lawsuit on behalf of Chicago Women in Trades to challenge the Trump administration’s anti-DEI executive orders. As a result, a federal court has temporarily blocked the Labor Department from requiring Chicago Women in Trades and other federal contracts or grant recipients to certify that they don’t operate any programs that violate Federal anti-discrimination laws, which one of these EOs would require.  

• Many other provisions of these EOs, however, remain in effect as the cases make their way through the courts.  

• The National Council of Nonprofits has a continuously updated chart tracking executive orders that impact nonprofits and their current legal status. Just Security has an even broader resource that is tracking all legal challenges to Trump administration actions. 

 

• Legislation 

• Congress is currently considering deep cuts to Medicaid. These proposed cuts would lead to an estimated 8 million Americans becoming uninsured, and would eliminate all federal funding to Planned Parenthood, including funding for preventative health screenings and testing. Proposed budget cuts would also further restrict transgender peoples’ access to gender-affirming care.  

• In Missouri, the state legislature recently approved a new ballot referendum that, if passed, would repeal last year’s voter-approved constitutional amendment guaranteeing a right to abortion. This ballet referendum will appear on the ballot in November of 2026 or earlier if Missouri’s governor calls a special election.  

 

• What can 501(c)(3)s do to respond?  

• As a reminder, 501(c)(3)s cannot support or oppose candidates for elective public office. This means they can’t engage in activity that helps or hurts the chances of a candidate winning an election. 

• But here’s what they can do: They can engage in an unlimited amount of non-lobbying advocacy, and they can engage in a limited amount of lobbying. 

 

• Non-Lobbying Advocacy  

• Educate the public about issues of importance to your organization 

• The Center for Reproductive Rights’ tool, Repro Red Flags: Agency Watch, which tracks key Trump administration appointments and actions related to reproductive health.  

• PFLAG is tracking and reporting on federal and state legislation and litigation impacting the LGBTQ+ community through its weekly Policy Matters Newsletter and Executive Orders Explainers and Resources web page. 

• The National Women’s Law Center has released a report highlighting how the cuts would impact women and LGBTQ+ individuals. 

• Engage in administrative advocacy 

• A March letter sent by Equal Rights Advocates and several other civil rights organizations to Acting EEOC Chair Andrea Lucas urges her to immediately withdraw a series of letters and guidance documents pressuring employers to abandon DEI programs.  

• Hold a rally 

• In April, the Coalition for Inclusive Schools & Communities, Live in Your Truth, and the Montgomery County Pride Family held a  rally in support of inclusive education outside the U.S. Supreme Court during oral arguments in Mahmoud v. Taylor. 

• Initiate or participate in litigation 

• In May, a Michigan state court permanently struck down three of Michigan’s abortion restrictions, agreeing with Northland Family Planning Centers and Medical Students for Choice—two nonprofits plaintiffs represented by the Center for Reproductive Rights—that the restrictions violate the state’s constitutional amendment. 

• Fund advocacy 

• Public and private foundations can fund advocacy through general operating grants or specific project grants. 

 

• Lobbying 

• 501(c)(3) public charities can engage in lobbying, but they are limited in how much lobbying they may engage in. 

• Under the federal tax rules, most public charities can choose between two tests to determine how much lobbying they can engage in: the insubstantial part test or the 501(h) expenditure test. 

• Under either test, lobbying includes attempts to influence legislation at any level of government. The exact activities that will count as lobbying will depend on which test the organization uses.  

• When engaging in lobbying, remember to track and report your lobbying on your annual Form 990, stay within your lobbying limits, and use unrestricted funds.  

• In addition to the tax rules, federal, state, or local level lobbyist registration and reporting requirements may apply when engaging in legislative and executive branch advocacy. These requirements vary by state and city, so make sure to confirm the types of activities and thresholds that trigger reporting in the jurisdictions where you are lobbying.  

• The IRS considers ballot measure advocacy a form of direct lobbying because the voters act as legislators when they vote to approve or reject a ballot measure, but keep in mind that your organization may also be required to register and report on ballot measure activity under state or local campaign finance laws. 

• Since 2022, 501(c)(3) public charities have helped to pass ballot measures that establish a right to abortion in eleven states.   

Resources 

• The Advocacy Playbook for Gender and Reproductive Justice 

• Public Charities Can Lobby (Factsheet) 

• What is Advocacy? 2.0 (Factsheet) 

• Administrative Advocacy: Influencing Rules, Regulations, and Executive Orders (Factsheet) 

• What Nonprofits Needs to Know About Lobbying in Your State   

• Understanding the Federal Lobbying Disclosure Act (Factsheet) 

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

In today’s episode continuing our eight-part series, we examine how nonprofits are effectively advocating for environmental justice. We’ll analyze practical strategies for building awareness and securing advocacy funding while navigating the regulatory frameworks that govern nonprofit activism. Join us for a clear-eyed look at how organizations are making meaningful progress in environmental protection and climate action. 

 

Attorneys for this episode  

Tim Mooney 

Quyen Tu 

Susan Finkle Sourlis 

 

Shownotes

 

Current Events / Executive Orders: 

• Trump Administration Environmental Rollbacks 

• Rescinded EPA’s Environmental Justice Screening Tool (EJSCREEN) 

• Repealed Biden-era executive orders on Justice40, climate equity, and cumulative impacts assessments 

• Reinstated NEPA rules from 2019, reducing environmental review for pipelines, highways, and factories 

• Revoked protections for sacred Indigenous lands (e.g., Bears Ears downsizing, drilling leases on Chaco Canyon perimeter) 

• Impacts on Vulnerable Communities: 

• Halted all EPA funding for community air monitoring programs in EJ-designated census tracts 

• Suspended grants to community-based climate resilience projects 

• Cut FEMA’s BRIC (Building Resilient Infrastructure and Communities) equity prioritization language 

• Reopened refineries and power plants previously closed for Clean Air Act violations, especially in Black and Latino neighborhoods 

• EPA DEI cuts: 

• Environmental Protection Agency (EPA) has announced plans to cancel nearly 800 environmental justice grants, totaling over $1.5 billion, which were intended to support projects mitigating climate change impacts in vulnerable communities . 

•  Additionally, the EPA is undergoing a reduction in force, affecting employees in its Office of Environmental Justice and External Civil Rights, as part of a broader effort to realign the agency’s mission 

 

·      Non-Lobbying Advocacy

o   Nonpartisan Advocacy 101: 501(c)(3)s cannot support or oppose candidates for public office, but they can…

o   Educate the public about issues of importance to your organization.

§  Waterkeeper Alliance is holding EPA Admin Lee Zeldin accountable for cuts to PFAS research.

o   Hold a rally

§  Memphis Community Against Pollution rallied to celebrate a victory for clean water, while turning its attention to a clean air fight against an Elon Musk-owned company’s proposed data center.

o   Initiate or participate in litigation

§  AFJ member Earthjustice has sued the Trump administration’s improper withholding of IRA grant funds for projects that included Rural Energy for America Program (REAP) grants to install solar panels on small farms.

o   Fund Advocacy

§  Meyer Memorial Trust funded  41 organizations with EJ awards totaling $6.9 million in 2024 with a focus on frontline and indigenous communities

 

·      Lobbying

o   501(c)(3) public charities are also allowed to use unrestricted funds to engage in some lobbying activities.

o   Tax Code Lobbying 101: Public charities can lobby, but they are limited in how much lobbying they may engage in.

§  Insubstantial part test vs. 501(h) expenditure test.

§  Under either test, lobbying includes attempts to influence legislation at any level of government.

§  Track your local, state, and federal lobbying, and stay within your lobbying limits.

o   State/local level lobbyist registration and reporting requirements may also apply when engaging in legislative and executive branch advocacy.

o   Ballot measure advocacy (direct lobbying) could also implicate state / local campaign finance and election laws.

o   Lobbying wins

§  Hawaii just passed a first-of-its-kind climate tax on short-term accommodations to fund defenses against climate change fueled disasters. Sierra Club of Hawaii has been actively lobbying on climate change legislation for years.

§  Ballot measure wins (h/t The Nature Conservancy)

·      California: $10 billion climate bond that funds climate resilience, protecting clean drinking water and preventing catastrophic wildfires. 

·      Washington: An effort to roll back the state’s Climate Commitment Act was defeated. The CCA provides millions for conservation, climate and wildfire funding, including funding for Tribal nations and at-risk communities.

·      Minnesota: Renewal of the Environment and Natural Resources Trust Fund for another 25 years. The fund will provide $2 billion ($80 million per year from state lottery proceeds) to protect water, land and wildlife across the state.

Resources –

·      Earth & Equity: The Advocacy Playbook for Environmental Justice

·      Public Charities Can Lobby (Factsheet)

·      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

 

On this episode of the Rules of the Game podcast (the third in an eight-part, issue-specific podcast series), we’ll discuss recent headlines impacting criminal legal reform advocates and explain how nonprofits can take action with legislative, executive branch, and judicial branch advocacy. From responding to legislative proposals to initiating litigation, nonprofits nationwide are standing up to fight for our rights and critical reforms to our criminal legal system. This episode will highlight their work and provide information about the rules that apply when nonprofits engage in advocacy to ensure due process, protect the rights of the accused, and improve judicial systems.

Attorneys for this episode

Monika Graham

Melissa Marichal Zayas

Natalie Roetzel Ossenfort

 

Show notes

·      Recent Headlines: Legislation, Litigation, and More!

o   Legislation:

§  Family Notification of Death, Injury, or Illness in Custody Act: Bipartisan legislation introduced in the U.S. Senate. Would require the DOJ to issue guidance on how federal prisons should promptly notify families of incarcerated individuals who become seriously ill or pass away in prison.

o   Litigation

§  Criminal legal reform advocates scored a win in Michigan recently, when the MI Supreme Court ruled that mandatory / automatic life without parole sentences for 19-20 year olds convicted of murder are unconstitutional.

o   Executive Branch Actions:

§  Earlier this year, the DOJ froze work on police reform and other civil rights cases. Now, (in the absence of DOJ leadership on these issues), the burden has shifted to local governments to take action.

o   Keep on Your Radar: Trump’s “Opening Salvo” in His War Against Criminal Justice Reform Starts With This Nonprofit

§  The Vera Institute of Justice, a major criminal justice reform nonprofit, had all five of its federal grants—worth about $5 million—abruptly terminated by the Department of Justice under Attorney General Pam Bondi, a key Trump ally.

§  Evaluate your funding sources, and make sure you’re not overly dependent on any one source.

 

·      Non-Lobbying Advocacy

o   Nonpartisan Advocacy 101: 501(c)(3)s cannot support or oppose candidates for public office, but they can…

o   Educate the public about issues of importance to your organization.

§  Equal Justice Initiative recently provided education related to the wrongful incarceration and conviction of black defendants in murder cases. Not only did they report on research from the National Registry of Exonerations that black Americans are nearly 8x more likely to be wrongfully convicted of murder, but they noted that they are also likely to spend more years in prison than wrongfully convicted white people.

o   Hold a rally:

§  Earlier this year, a coalition of criminal justice reform advocates and nonprofits in New Mexico held a rally to call attention to the reality of mass incarceration and to propose common-sense alternatives to harsh prison sentences.

o   Initiate or participate in litigation:

§  The Innocence Project (AFJ Member) and other members of the Innocence Network, engage in litigation on behalf of wrongfully convicted persons who can be proven innocent with DNA and other types of evidence.

o   Fund Advocacy

§  Private and public foundations can support organizations advancing their charitable missions through general operating grants and/or specific project grants, ensuring flexibility and sustainability in pursuit of shared goals.

 

·      Lobbying

o   501(c)(3) public charities are also allowed to use unrestricted funds to engage in some lobbying activities.

o   Tax Code Lobbying 101: Public charities can lobby, but they are limited in how much lobbying they may engage in.

§  Insubstantial part test vs. 501(h) expenditure test.

§  Under either test, lobbying includes attempts to influence legislation at any level of government.

§  Track your local, state, and federal lobbying, and stay within your lobbying limits.

o   State/local level lobbyist registration and reporting requirements may also apply when engaging in legislative and executive branch advocacy.

o   Ballot measure advocacy (direct lobbying) could also implicate state / local campaign finance and election laws.

o   Lobbying win!

§  In March, DC Justice Lab, an AFJ member, and several other nonprofits lobbied in support of Maryland’s Second Look Act by submitting testimony to the Senate Judicial Proceedings Committee. This legislation would permit individuals convicted of certain crimes between the ages of 18 and 25, and have served over 20 years of their sentence, to petition the court to modify or reduce their sentence based on demonstrated rehabilitation. Since the committee’s hearing, the Maryland General Assembly has passedthe Second Look Act, which now awaits Governor Moore’s signature.

 

Resources –

·      Justice & Equity: The Advocacy Playbook for Criminal Legal Reform

·      Public Charities Can Lobby (Factsheet)

·      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

On this episode of the Rules of the Game podcast, the second installment of our eight-part series focusing on critical issues, we dive into the latest headlines shaping racial justice and immigrant rights. We’ll explore how nonprofits can play a pivotal role in advocating for change through legislative, executive, and judicial channels. From raising awareness to securing funding for advocacy efforts, nonprofits across the nation are stepping up in the fight to protect our rights. This episode not only highlights their impactful work but also provides crucial insights into the rules and regulations that govern nonprofit advocacy in the ongoing struggle for racial justice and immigrant rights.

 

Attorneys for this episode 

Monika Graham

Brittany Hacker

Quyen Tu

  

Current Events/EOs:  

 

·      Trump Administration Cuts Funding for Unaccompanied Immigrant Children, essentially terminating the UAC Program

 

o   UAC Program Responsibilities:

§  Ensuring that the interests of the child are considered in decisions related to care and custody

§  Ensuring, to the greatest extent practicable, that all unaccompanied alien children in custody have access to legal representation or counsel

§  Releasing UAC to qualified sponsors and family members who are determined to be capable of providing for the child’s physical and mental well-being

o   The Fallout:

§  Impacts the work of 100 plus legal service providers

§  RAICES 199+ employees laid off

§  Interfaith Ministries of Greater Houston 101 employee layoffs

§  Catholic Charities Tarrant County 169 employee layoffs

§  Catholic Charities Houston/Dallas 180 employee layoffs

§  Over 26, 000 children left without legal representation

§  Immigration court backlog includes about 3.5 million cases

·      Attacks on Diversity, Equity, and Inclusion

o   Trump’s order to investigate around 350 philanthropic organizations holding combined assets of $900B due to their DEI programs.

o    Funders’ responses: Some have remained steadfast in their commitment, while others have backed down.

o   Context to understand the broader tension:

·       A surge in commitment to racial equity following the murder of George Floyd by police in 2020.

·       SCOTUS ruling in June 2023: The Supreme Court deemed race-conscious admissions policies at Harvard and UNC unconstitutional in the Students for Fair Admissions case, effectively ending affirmative action in college admissions.

·       In response to SFFA, in August 2023, the American Alliance for Equal Rights sued Fearless Fund, alleging its grant program for Black female entrepreneurs was racially discriminatory. The 11th Circuit Court halted the program during litigation, and Fearless Fund settled in September 2024, ending the program. As a result, grants or contracts restricted to a specific race may now violate federal law.

o   Government and private sector DEI offices and programs have shut down.

o   Numerous lawsuits are pending, creating additional legal uncertainty.

o   Chilling effect already unfolding, with widespread chaos and uncertainty.

 

·      Executive Orders (10 in the first 7 days)

o   Ended humanitarian parole for immigrants from Cuba, Haiti, Venezuela, and Nicaragua, forcing those legally allowed into the U.S. to leave.

o   Attempt to end birthright citizenship.

o    Ramp-up of deportations, expanding the list of individuals prioritized for removal.

o   Paused the refugee resettlement program, capping it at the lowest level in 40 years.

o   Ongoing challenges: Many policies have been paused or are currently being contested in the courts.

o   Impact on individuals: Deportations of student visa holders detained by masked individuals, and the arrest of Legal Permanent Residents (LPRs) based on their involvement in Free Palestine movements.

o    Deportations to El Salvador without due process for immigrants alleged to be gang members—based solely on tattoos.

o   Wrongful deportation: A Maryland man was deported to El Salvador despite a court order prohibiting his deportation. Authorities claim it was an administrative error, with no legitimate reason for his arrest, detention, or removal. Even DOJ lawyers have expressed confusion about why the administration isn’t bringing him back, despite being ordered to return him by midnight tonight.

o   Shocking incompetence: The lack of diligence and understanding of the human impact of these policies is alarming.

 

 

 

 

Advocacy

·      Executive Order Advocacy:

o   501(c)(3) compliant, safe, nonpartisan, non-lobbying advocacy activity (keeping in mind that other federal, state, and local regulations may apply)

o   Track and communicate EOs, assist immigrant communities in understanding their implications, and help prepare through targeted social media campaigns

o   Develop a preparedness plan for potential ICE actions at your nonprofit, ensuring the safety and rights of those involved

·      Fund Advocacy:

o   General support grants provide funding that is not earmarked for a particular purpose and can be used at the discretion of the recipient organization to advance their mission and cover operating costs. 

o   Specific project grants: Private foundations must review the grantee’s project budget and may award up to the non-lobbying portion. Funds must be used exclusively for the designated project.

o   Note: Public foundations that have made the 501(h) election may follow the same general support and specific project grant rules that apply to private foundations, and these grants should not be considered a lobbying expenditure by the foundation, even if the recipient public charity spends the grant funds on lobbying

·      Public Awareness:

o   Amplify the voices of unaccompanied children through powerful storytelling campaigns that humanize their experiences and bring attention to their plight.

o   Conduct in-depth research on the impact of funding cuts, highlighting how these reductions are affecting the lives of vulnerable children, and share these findings publicly to increase awareness.

o   Actively engage with your community by hosting events, discussions, or social media campaigns that educate the public on current issues surrounding unaccompanied immigrant children and provide actionable ways they can advocate for meaningful change.

Lobbying 

·      Tax Code Lobbying 101: Public charities can engage in lobbying! Ensure you track and report all local, state, and federal lobbying activities while staying within legal limits.

·      Host a Lobbying Day: Organize a dedicated event, like AILA’s National Day of Action, to mobilize supporters and advocate for critical issues.

·      Engage in Ballot Measure Work: Actively participate in ballot measures to influence public policy decisions at the local or state level.

·      Remember:

o   State/local level lobbyist registration and reporting requirements may apply when engaging in legislative and executive branch advocacy.

o   Ballot measure advocacy could implicate state/local campaign finance and election laws.

 

 

  

Resources

·      Race and Equity: The Advocacy Playbook for Racial Justice and Immigrant Rights 

·       The Impact of Government Funding Cuts on Unaccompanied Children and the Role of Nonprofits in Fighting Back

·      Public Charities Can Lobby

·      Practical Guidance: What Your Nonprofit Needs to Know About Lobbying in Your State

·      Investing in Change

 

On this episode of the Rules of the Game podcast (the first in an eight-part, issue-specific podcast series), we’ll discuss recent headlines impacting the LGBTQ+ community and explain how nonprofits can take action with legislative, executive branch, and judicial branch advocacy. From responding to executive orders to initiating litigation, nonprofits across the country are standing up to fight for our rights. This episode will highlight their work and provide information about the rules that apply when nonprofits engage in advocacy on behalf of the LGBTQ+ community.

 

Attorneys for this episode

Natalie Roetzel Ossenfort

Sarah Efthymiou

Brittany Hacker

 

Show notes

·      Current Events/EOs:

o   PFLAG Policy Matters Newsletter-federal and state-by-state legislative and litigation actions

o   One EO creates Narrow definition of sex as binary male or female and has multiple other impacts

§  Directs HHS secretary to end coverage for gender-affirming care through the Affordable Care Act

§  Plans to move trans women in federal custody to men’s prisons

o   Attempting to stop gender affirming care for people under 19

o   Banning transgender people from serving in the military

o   Administration terminated grants funded by the NIH focused on LGBTQ+ health issues. Planning to shut down the HIV prevention division of the CDC.

o   Attacks on DEI initiatives and other generally bad EOs: dismantling department of ed, eliminating funding for nonprofits

·      Advocacy

o   Non-partisan 101: cannot support or oppose candidates for office

o   Educating the public: stay updated on changes to law

§  Lead or attend trainings and conferences

§  March 31 is trans day of visibility

§  Orgs like HRC and PFLAG are doing a great job tracking and reporting on EOs and changes to laws

o   Executive branch advocacy:

§  EO advocacy is not lobbying under tax code definitions

§  Oppose executive cabinet actions: submitting comments to proposed regulation changes like the State Department gender markers. Advocates for Trans Equality and others made easy guides and platforms on how to do this.

o   Hold a rally: SCOTUS rally April 2 for case about access to Planned Parenthood services through Medicaid (Medina v. Planned Parenthood South Atlantic)

o   Litigation:

§  Almost all of Trump’s actions affecting the LGBTQ+ community are already being heard in the courts and are currently on hold

§  PFLAG v. Trump: challenging EO that withholds funds from medical providers that provide gender-affirming care for people under 19 (currently have a preliminary injunction)

§  Federal judge granted preliminary injunction halting the trans military ban: NCLR and GLAD lawsuit

§  Ohio state appellate court ruled the state’s gender-affirming care ban unconstitutional

·      Lobbying

o   Tax Code Lobbying 101: Public charities can lobby! Track and report your local, state, and federal lobbying and stay within your limits.  

o   Federal trans athlete ban: was brought up and failed to advance in the Senate—lobbying win!

o   Emphasize state-level work, local laws, ballot measures

§  Sanctuary cities for trans healthcare

§  Make protections for LGBTQ+ community greater than what the federal law requires

o   Remember:

§  State / local level lobbyist registration and reporting requirements may apply when engaging in legislative and executive branch advocacy.

§  Ballot measure advocacy could implicate state / local campaign finance and election laws.

 

Resources

·      Pride and Equity: The Advocacy Playbook for LGBTQ+ and HIV Communities

·      Public Charities Can Lobby (Factsheet)

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