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o   Rescinded Biden executive order promoting federal agency voter registration partnerships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

 

 

For regular listeners of the pod, you may recall that we’ve discussed fiscal sponsorship in past episodes. Fiscal sponsorship is a great way for a new charitable organization to work with an existing 501(c)(3) to get up and running (including engaging in important advocacy) whether waiting to receive its own IRS tax-exempt status or not. Today, we’re going to look at this topic form a different point of view – that is, from the fiscal sponsor’s perspective. On this episode, we’ll chat about considerations fiscal sponsors should keep in mind when engaging in, and when supporting projects engaging in, advocacy. And we’re very happy to be joined today by Josh Sattely from Social Impact Commons. 

 

Attorneys for this episode 

Sarah Efthymiou 

Melissa Marichal Zayas 

Victor Rivera 

Josh Sattely, Social Impact Commons 

 

Shownotes 

• Overview of fiscal sponsorship  

• Our focus today is on 501(c)(3)s, but fiscal sponsors come in different forms, including 501(c)(4)s 

• There are different types of fiscal sponsorship, but the two most common are: 

• Model A (Direct/Comprehensive): Project operates within sponsor’s organization.  

• Model C (Grant Relationship): Sponsor collects donations and grants funds to the project. 

• Why Advocacy Matters for Fiscal Sponsors  

• Enhances impact, credibility, and systemic change. 

• What type of advocacy is allowed under fiscal sponsorship?  

• Lobbying: Direct vs. grassroots lobbying. 

• Non-Lobbying Advocacy: Educational activities, voter engagement, rulemaking, corporate influence, litigation. 

 

• What are some of the Key Concerns for Fiscal Sponsors Engaging in Advocacy?  

• Differentiating advocacy, lobbying, and political activity. 

• Compliance and reporting at state/federal levels. 

Best practices for educating projects on compliance: 

• Use existing resources like AFJ.  

• Discuss advocacy/lobbying expectations early. 

 

• Case studies of advocacy in action:  

• Network to Abolish the Death Penalty 

• Lift Louisiana, a fiscally sponsored project of Tides Center 

 

• Common Misconceptions About Advocacy & Fiscal Sponsorship  

• Overly conservative approaches due to funder restrictions. 

• Misunderstanding grant/lobbying reporting obligations. 

 

• Options for Projects Wanting to Go Beyond 501(c)(3) Limits  

• Form a 501(c)(4) or partner with an existing one. 

• Consider PACs or for-profit structures. 

 

• Key Takeaways 

• Stay engaged in advocacy but ensure compliance.  

• Push back on unnecessary funder lobbying restrictions.  

• Don’t overlook state/local advocacy.  

• Consider existing (c)(4) partnerships before starting a new one. 

 

Resources

• Social Impact Commons 

• Fiscal Sponsorship: 6 Ways To Do It Right by Gregory Colvin 

• Rules of the Game Podcast: Fiscal Sponsorship 

Threats to find and deport undocumented immigrants in the United States have grown immensely since the start of the Trump administration. Nonprofits can continue fight for immigrant rights and include undocumented activists in their advocacy efforts. Even though we at Alliance for Justice aren’t immigration lawyers (so what comes out of our mouth will not be legal advice), we felt it was important to address how nonprofits can work with undocumented activists and continue to fight for immigrant rights. In today’s episode, we’ll first talk about what undocumented activists can and cannot do when advocating with nonprofits and what nonprofits should keep in mind.

 

Attorneys for this Episode

Quyen Tu

Brittany Hacker

 

There are a number of ways that nonprofits can engage undocumented activists to help support their missions. And these activists are often the best voice to amplify when the rights at stake directly impact them.

·      Free speech and assembly: peaceful protest (be careful of arrest, could result in ICE arrest)

·      Advocate for policy change:

o   Advocate for or against executive orders and executive branch policies like ICE priorities and border protocols

o   Community organizing

o   Education of the public or officials

o   Lobbying

o   Ballot measure campaigns (check state & local laws)

o   Be plaintiffs in a court case or a nonprofit can file a case to represent the interest of undocumented immigrants: like ACLU case on birthright citizenship

 

There are a few things undocumented immigrants are not allowed to do, including:

·      Assist citizens in completing voter registration applications

·      Cannot contribute anything of value to federal, state, or local elections (money, volunteer time)–for both undocumented and visa holding immigrants

o   Considered a foreign agent interfering with an election

o   It is also prohibited for nonprofits to knowingly solicit or receive contributions from foreign nationals (including undocumented activists)

·      Vote in federal elections

·      Work without employment authorization

 

 

Best Practices:

-for non-citizens: Consult an immigration attorney! Be prepared if you engage in protest. Check out know your rights resources and trainings in the show notes.

– If you are a nonprofit planning work with undocumented activists:

·      Consult legal counsel: especially if doing partisan work

·      If you serve immigrant communities, have policies in place to protect clients and staff, know what ICE agents can and cannot do

-Make sure that your nonprofit is in good standing; have appropriate documents and robust compliance so if you are investigated, you know you’re operating on solid legal grounds. Check out our nonprofit advocacy check-up, a compliance list and recent episode on this topic.

 

Examples of great work involving undocumented activists:

·      ILRC: great immigrant rights tool kits, legal resources for immigrants about visas and other legal processes, ways to get involved with local lobbying and policy work

 

Resources

–Engaging in Advocacy with Undocumented Activists

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

–Advocacy Check-Up: Nonprofit Self Assessment

–ILRC know your rights Toolkit

–10 Things Noncitizen Protestors Need to Know (ILRC)

–NYLPI Guidance to Nonprofits Regarding Immigration Enforcement

–Immigrant Arc list of EOs on Immigration (includes status of litigation, NY focused but applicable nationwide)

 

Does your nonprofit want to build power and amplify its impact by engaging in robocalling and texting campaigns? Would it surprise you to find out that while this type of advocacy can effectively boost your reach and put you in touch with thousands (even millions) of supporters, it also comes with rules related to opt-out requirements, mandatory disclaimers, prior consent, and more? On this episode, we’ll introduce you to our new Robocalling guide and walk through several of the issues your nonprofit needs to think about before you pick up the phone or click send on a robocall or robotext campaign. 

  

Attorneys for this Episode 

Monika Graham 

Melissa Marichal Zayas 

Natalie Ossenfort 

 

Robotext and Robocall Campaigns 

• Federal Communications Commission (FCC), Federal Trade Commission (FTC), and Federal Election Commission (FEC) each regulate robocalls and robotexts 

• For example, the Telephone Consumer Protection Act (TCPA), enforced by the FCC, strictly limits when organizations can make robocalls and robotexts. Violations of TCPA can result in stiff fines, so know the rules before you launch your next campaign. 

• Keep in mind that many states also have their own rules on these communication methods. 

Federal Restrictions on Robocalls / Robotexts 

• What are robocalls and robotexts? Calls or texts made with an autodialer or using an artificial or pre-recorded voice.  

• Under federal law (the TCPA), a nonprofit organization must obtain an individual’s “prior express consent” to: (a) send a call or text to a cell phone using an autodialer, a prerecorded voice, or an artificial voice, or (b) to send more than three prerecorded or artificial voice calls to a landline in a 30-day period. 

• Express consent requires: 

• The person gave permission to be contacted at their cell phone number. 

• The call is within the scope of the consent given. 

• The person hasn’t revoked their consent. 

• Prior express consent is not the only consideration you need to think about before engaging in robocall or robotext campaigns. Identification, opt-out, and disclaimer requirements are going to be relevant too. 

• For example, federal law requires that all pre-recorded voice telephone messages to cell phones or landlines must include a specific identification disclaimer. Disclaimer must: 

• Clearly state at the beginning of the message the official registered name of the organization initiating the call, and 

• The telephone number of the organization (not the number of the vendor who placed the call, a 900 number, or a number for which charges exceed normal local or long-distance transmission charges). 

• Disclaimers may also be required if a non 501(c)(3) organization expressly advocates for or against a federal candidate or solicits contributions in relation to a federal election –> triggering federal campaign finance law, which is enforced by the FEC. 

• This type of disclaimer should not apply to 501(c)(3)s which are prohibited by the Internal Revenue Code from supporting or opposing candidates for public office. 

• Likewise, the IRS may require a disclaimer if fundraising solicitations are made by non-501(c)(3)s reminding the potential donor that contributions are not tax deductible. 

 

Remember: State Law Matters Too! 

• Many states restrict certain types of calls, like robocalls. When they do, they often apply to both cell phones and landlines. 

• In many instances, state laws are similar to the federal rules, but variations between state and federal law do exist, and some states restrict calls that would otherwise be allowed under federal law. 

• Consult with counsel before launching your campaign because common state law requirements include: 

• Notification or self-identification requirements 

• Time restrictions 

• Geographic limits 

• Permit requirements 

• Prohibitions on caller ID blockers 

• And more! 

• State law may also require lobbyist or campaign finance registration and reporting in some instances. 

 

FAQ

• New Robocalling guide contains a handy FAQ, where you can find answers to common questions like: 

• What are the best ways to collect cell phone numbers for these types of campaigns? 

• Are landlines treated differently than cell phones? 

• What happens when a cell phone number is reassigned to someone other than the person who provided consent? 

 

Resources 

• Robocalling Rules: Before You Pick Up the Phone, Hold That Call. What You Need to Know about Robocalls, Robotexts, and Autodialers 

On this episode of the podcast, we will talk about the deluge of executive orders and a new memo freezing funding that has come in at the start of Trump’s new administration. How will they effect the work of non-profits and what can you do to support or oppose these and future executive orders.

 

Attorneys for this Episode

Tim Mooney

Brittany Hacker

 

Federal Funding Freeze Memo and Executive Orders

• Memo issued by the White House Office of Management and Budget (OMB).

• Halt on grants and loans distributed by the federal government.

• Implications for Medicaid, WIC, and other critical programs.

Legal and Constitutional Challenges

• Lawsuit filed against the funding freeze, citing violations of the Administrative Procedures Act (APA).

• Debate over the legality and scope of executive orders.

Nonprofit Advocacy and Response

• Importance of independent nonprofit organizations in countering these actions.

• Guidelines for 501(c)(3) organizations to legally speak out against executive actions.

Role of Funders

• Call for funders to fill gaps caused by halted federal funds.

• Encouragement for philanthropy to step up during this crisis.

Resources

·   Being a Player

·   Executive Orders Affecting Charitable Nonprofits – National Council of Nonprofits 

·   Rules of the Game – Foundation Funding Tips