As AI continues to advance, its potential to influence elections and democracy, both positively and negatively, has become a critical issue. In this episode, we delve into the rapidly evolving intersection of artificial intelligence and election disinformation with Jonathan Mehta Stein where he discusses how AI, particularly generative AI, can be used to create deepfakes and other misleading content that could destabilize elections, deceive voters, and potentially alter election outcomes. We also explore how nonprofits and community organizations can play a crucial role in combating this emerging threat.

 

Attorneys for this episode

 Quyen Tu, Melissa Marichal Zayas

 

Guest: Jonathan Mehta Stein, Executive Director of California Common Cause and the California Initiative for Technology and Democracy (CITED)

 

1. Introduction to AI and Election Disinformation:

   – Jonathan Mehta Stein introduces the concept of AI and its implications for democracy.

   – Overview of CITED (California Initiative for Technology and Democracy) and its mission to protect democracy from AI-powered disinformation.

 

2. Understanding AI and Generative AI:

   – Explanation of artificial intelligence, generative AI, and their applications in everyday life.

   – Discussion of the potential dangers of AI when it comes to sensitive areas like crime prediction and loan approvals.

 

3. Deepfakes and Their Impact on Elections:

   – Definition and examples of deepfakes—AI-generated videos or audio that portray people doing or saying things they never did.

   – The global rise of deepfakes in elections, with examples from Taiwan, Slovakia, and the United States.

 

4. Local Elections and the Threat of Deepfakes:

   – Jonathan shares concerns about deepfakes being used at the local level, where they may go unnoticed and could significantly impact election outcomes.

   – The particular risks faced by communities of color, immigrant communities, and non-English speakers.

 

5. What Can Nonprofits and Community Members Do?

   – Practical steps for verifying information and combating disinformation in your community.

   – The importance of being a trusted messenger and educating your community about digital threats.

 

6. The Role of Tech Companies:

   – How major tech companies are responding (or not) to the challenges posed by AI and disinformation.

   – Discussion on the first U.S. presidential election where AI is playing a significant role.

 

7. Policy Solutions and Legislative Efforts:

   – Overview of the legislation being proposed to regulate AI and disinformation in the election context.

   – CITED’s policy framework for requiring digital watermarks and labeling AI-generated content.

 

8. Parting Thoughts:

   – Jonathan’s optimism about the nonprofit sector’s ability to rise to this new challenge, and the urgency of addressing these threats in the short term.

 

Resources

 

– www.cited.tech

– AI Threats in the Election

– Commenting on Candidates in Campaigns

– UC Berkeley IGS Poll on Digital Threats

As we’ve talked about on previous editions of the pod, advocacy includes a wide array of different options to help change things for the better in our communities. One of the more important, but less discussed methods, is litigation. On this episode, we dive into the role litigation plays in nonprofit advocacy, its treatment under the law, and things to think about if your nonprofit is looking to use this tool for good.

 

Lawyers for this episode

Natalie Ossenfort

Tim Mooney

Quyen Tu

 

• Litigation as an advocacy tool (citizen suits, appeals, amicus briefs etc.)
• Treatment under tax law
• Relation to charitable purpose
• Not lobbying under 501(h) or insubstantial part definitions
• Not limited by IRS / Tax Code

• Spectrum of engagement
  • Example: Letter of Support signed by over 225 organizations in support of the Fearless Foundation (currently under legal attack for a program that supports the funding of black female entrepreneurs)
  • Example: In 2018, Alliance for Justice and Council on Foundations filed a joint amicus brief in the case of Parks Foundation vs. Commissioner of Internal Revenue arguing for a narrow interpretation of what it means to “express a view on specific legislation” when determining whether a nonprofit’s activities constitute lobbying.
  • Example: Lambda Legal focuses on litigation in support of LGBTQ+ rights and individuals living with HIV/AIDS. They represent clients in cases involving discrimination, marriage equality, and transgender rights, participating in all stages of litigation. Currently representing AFJ member PFLAG in a Texas case.
  • Example: Clean Water Act citizen suits suing polluters for discharges without a permit – we’ll talk more about this specifically later
  • Standing: must show harm to the organization or members of the organization
• Publicly supporting (or opposing) another organization’s litigation
• Amicus briefs
• Representing clients
• Litigating as a plaintiff (citizen suits, standing)

• Things to think about
• The law (who are the experts in relevant area of law?)
• The courts (judges matter!) – For more check out AFJ’s federal and state court resources on our website.
• Capacity (internal or external)
• Staff and resources (funding and time)
• Reputation with funders, members, public
• In-house or outside counsel
• Media impact and PR
• Insurance (not sure if this is too deep in the weeds?)

• Examples
  • Lawsuits typically target government agencies, industrial polluters, and corporations to enforce existing environmental laws
  • Clean Water, Clean Air Act, National Environmental Policy Act (NEPA), Endangered Species Act, Resource Conservation and Recovery Act (RCRA), Safe Drinking Water Act
  • Litigates claims of actual innocence made by individuals convicted of serious crimes in Texas.
  • Example: Former client, Johnny Pinchback, wrongfully convicted of sexual assault of two teenage girls in Dallas (proven innocent via DIA testing) and formally exonerated via post-conviction habeas corpus litigation
  • Stories of clients like Johnny led to increased public awareness of wrongful convictions and even legislative reforms
• Earthjustice (AFJ member) + Waterkeeper Alliance
• Legal Services Corporation & regional public interest law; Legal Aid at Work, Legal Aid Association of CA, CA Women’s Law Center, Tzedek
• Innocence Project of Texas (member of Innocence Network, which is also home to AFJ Member, Innocence Project)

• Resources
• Issue Advocacy: Why Courts Matter
• State Courts Hub
• AFJ Database of reports on federal judges and judicial nominees

In this episode of the podcast, we explore the importance of student advocacy and voting. Additionally, we discuss how 501(c)(3) organizations can engage in advocacy efforts during election season. Joining us today is Ally, our Bolder Advocacy legal intern, to answer questions about the impact of student advocacy on campus. 

 

Hosts:

Susan Finkle Sourlis (Attorney)

Monika Graham (Attorney)

Alexandra Roseberry (Intern)

1. On-Campus Advocacy Culture
   • On-Campus Activities 
   • Voter Laws and Students
   • Getting Involved With Advocacy as a Student
2. How Nonprofits Can Participate in Nonpartisan Voting Education
   • Voter Registration Programs
   • Encouraging Voting
   • Polling Information
3. How 501(c)(3)s Can Engage During Election Season
   • Issue Advocacy 
   • Candidate Education
   • Voter Education
   • Voter Engagement
   • Ballot Measures
   • Private Foundations
4. Student Organizations and Youth Groups 
   • Rhizome
   • Youth on Root

Resources:

• Rules of the Game – https://afj.org/resource/the-rules-of-the-game-a-guide-to-election-related-activities-for-501c3-organizations/
• Our guidelines for most of the 50 states on voter outreach and voter registration activities – https://afj.org/bolder-advocacy/practical-guidance-nonprofit-voter-assistance-series/
• Project Grant Rule
• ACLU KYR  –  https://www.aclu.org/know-your-rights
• https://www.nonprofitvote.org/get-registered-to-vote/ 
• https://www.lawyerscommittee.org/ 
• Rhizome – https://www.werhize.org/
• Youth on Root – https://www.youthonroot.org/

 

Political attacks on nonprofit organizations can come in many forms, including legal challenges or public smear campaigns. Given the current political climate, organizations that engage in policy reform and election season advocacy are coming under increased scrutiny. As a result, it is crucial to be proactive and develop a comprehensive strategy to safeguard your organization’s reputation and operations. On this episode, we will discuss how your organization can ready itself in advance of potential politically motivated attacks. 

 

Lawyers for this Episode 

Monika Graham 

Susan Finkel-Sourlis 

Natalie Ossenfort 

 

Threats Directed at Nonprofit Organizations: 

1. Attempting to Criminalize Social Services 

• Texas Attorney General launched investigation of an organization that provides services to the immigrant community 

• 3 Activists in Georgia were arrested after their organization’s charitable bail fund posted bond for individuals who protested against Atlanta’s “Cop City.”  

2. Congress Conducting Increased Investigations of Nonprofit Organizations 

• Ways and Means Committee issued Request for Information (RFI) asking responders to identify groups they believe are using voter registration and education to sway the outcome of candidate elections 

• In May 2024, House Oversight and Accountability Committee Chairman James Comer and Committee on Education and the Workforce Chairwoman Virginia Foxx launched an investigation into the funding sources of about 20 organizations that have funded recent anti-Israel demonstrations across U.S. college campuses 

3. Using Repressive Tactics to Discourage Public Participation 

• 3 organizers arrested and charged with a misdemeanor obstruction of highway or other passageway after the peacefully marched in protest of a confederate monument 

• 79 people arrested and charged with criminal trespass for participating in a protest at the University of Texas 

• Incorrect or purposely distributing misinformation around elections.  

4. Other threats include organizations being covertly contacted by those who want to catch them “red-handed” in an illegal act, doxxing, and more!  

Tips for Preparation: 

1. Adopt Clear Organizational Policies: 

• Organizations should adopt policies regarding nonprofit activities, communications, and responses to political issues. 

• Ensure that all staff and board members are trained and aware of these policies, and maintain copies of signed policies for your records. 

1. It is a best practice to include these policies in your employee handbook and to require signature during employee onboarding. 

2. If you don’t already have policies in place, consider their adoption. 

• Election season policy to establish expectations for staff when acting on behalf of the organization vs. in their individual capacity 

• Social Media Policy, including information on how to maintain boundaries between work-related and personal use of social media 

 

2. Prepare Staff and Volunteers: 

• Review and understand the rules for engaging in advocacy, including lobbying and election season advocacy. This should include a review of local, state, and federal laws that may apply to your organization’s activities.  

1. Schedule training for your team so that everyone is on the same page and understands how to properly track, report, and engage in important public policy and election-related activities. 

1. If training is not an option, encourage your staff to review nonprofit advocacy rules on their own time (see resource suggestions below).  

• Train staff on how to deal with questions.  

• Don’t let anyone pressure you to say something you don’t want to state. 

• Let your staff know that it is always better to report any suspicious activity, and identify who staff should notify if they suspect that something is awry. 

• Have a legal response plan in place that designates legal counsel to address potential challenges swiftly and an organizational leader, who is authorized to respond to accusations made against your nonprofit. 

• Consider requiring staff to participate in IT trainings designed to increase their awareness of potential online threats. 

 

3. Keep Good Records & Remember to Report: 

• Keep accurate and complete records, and ensure your filings are in order.  

1. Nonprofits should carefully track their lobbying, ballot measure advocacy, and other projects to comply with lobbying limits and ensure accurate reporting to the IRS and relevant state and local authorities. 

2. Remember to timely and accurately file any required lobbying disclosure reports, campaign finance (e.g. ballot measure) reports, and your organization’s annual exempt organization return (990).  

• Check out our resource entitled “Keeping Track” to make sure staff are trained to properly track their time. 

 

4. If you are attacked, stay calm.                     

• Reassure board members, staff, volunteers, and supporters that you are diligently gathering the facts. 

• Share information with your coalition partners and allies so they are not caught off-guard and can prepare for questions that may arise. 

• Go back to your response plan, and put it into action. 

 

Resources

• Tips for Nonprofits: Preparing for the Possibility of a Politically Motivated Attack 

• Being a Player: A Guide to the Lobbying Regulations for Advocacy Charities 

• Rules of the Game: A Guide to Election Related Activities for 501(c)(3) Organizations 

• The Connection: Strategies for Creating and Operating 501(c)(3)s, 501(c)(4)s, and Political Organizations 

• Keeping Track: Guide to Recordkeeping for Advocacy Charities 

On this episode, we dive into the fundamentals of campaign finance reporting, exploring the essentials of what is included in these reports and uncovering valuable insights they provide. From contributions and expenditures to reporting requirements and deadlines, we break down the intricacies of campaign finance reports to empower you with the knowledge needed to navigate and comprehend campaign finance reports.

 

Attorneys

Monika Graham

Susan Finkle-Sourlis

Victor Rivera Labiosa

 

Shownotes

– Types of Campaign Finance Reports

  – Federal perspective from the FEC (Federal Elections Commission)

  – Similarities in state-level reporting

  – Reporting requirements for federal candidates and campaigns

  – Itemized contributions and reporting over $200 contributions

 

– Contents of Campaign Finance Reports

  – Reporting contributions and expenditures

  – Itemized details for contributors (name, address, employer, occupation)

  – Types of expenditures (operating expenses, ads, mail pieces)

  – Requirement for specifying the purpose of expenditures

 

– Insights from Campaign Finance Reports

  – Identifying contributors and their occupations

  – Insights into industry and issue-based PAC contributions

  – Understanding compliance with reporting rules

 

– Reporting Deadlines and Requirements

  – Quarterly and monthly filing options

  – Late contribution and expenditure reports

  – Pre-election reports (pre-primary and pre-general)

 

– Benefits of Reporting Monthly vs. Quarterly

  – Differences in reporting frequency based on organization size and strategy

  – Flexibility to change filing frequency each election cycle

 

– Disclaimer Requirements for Communications

  – Purpose of disclaimers in public communications

  – Requirements for printed and broadcast ads

  – Candidate stand-by-your-ad statements in broadcast ads

 

Resources

The Rules of the Game

Election checklist

Practical guidance: Non-profit voter assistance series

FEC.gov

 

 

On this episode we are joined by Erin Bradrick, a principal at Neo Law Group, to delve into the complexities of tax law and its implications for nonprofit organizations during election seasons. Our discussion focuses on the distinctions between 501(c)(3) and 501(c)(4) organizations, the specific rules governing their political activities, and the strategies nonprofits can employ to navigate these regulations while effectively advocating for their causes to ensure compliance without sacrificing impact.

 

Lawyers for this episode

• Sarah Efthymiou
• Tim Mooney
• Erin Bradrick, NeoLaw Group

 

Shownotes

• 501(c)(3)s vs. 501(c)(4)s
• Election Activities and Enforcement
• Nonpartisan Election Activities
  • Voter engagement activities (registration, get-out-the-vote)
  • Issue advocacy, voter education, and candidate education
  • Commenting on sitting elected officials in their official capacity
• Challenges in Current Political Climate
• Fiscal Sponsorships
• Practical Advice for Nonprofits

 

Resources

• AFJ’s Nonprofit Voter Assistance Series
• AFJ’s The Connection
• AFJ’s The Rules of the Game
• National Council of Nonprofit’s on Fiscal Sponsorship

 

On this episode, we’ll discuss the basics of federal election law, including what it regulates, and which tax-exempt organizations need to be aware of it. We’ll also review recent FEC opinions that allow for interesting pre- and post-election activities for non-501(c)(3) organizations involving federal candidates.

Attorneys for this episode

• Quyen Tu
• Susan Finkle-Sourlis
• Tim Mooney

Shownotes

1. Federal Election Law Basics:

·          • Overview of federal campaign finance regulations

·          • Role of the Federal Elections Commission (FEC)

·          • Differences between federal and state campaign finance laws

2. Key Regulations:

·          • Source prohibitions and contribution limits

·          • Types of source prohibitions (e.g., corporations, foreign nationals)

·          • Contribution limits and exceptions for PACs and Super PACs

3. In-Kind Contributions and Coordinated Activities:

·          • Definition and examples of in-kind contributions

·          • Coordination with candidates and the implications

4. Recent FEC Opinions and Rulings:

·          • Door-to-door canvassing coordination

·          • Internet exception for unpaid communications

5. Ballot Initiatives and Federal Candidates:

·          • Federal candidates’ involvement in state and local ballot measures

·          • Recent advisory opinions from the FEC

6. Post-Election Activities:

·          • Ballot curing coordination with federal candidates

·          • Compliance requirements and legal considerations

Resources

• Rules of the Game

• The Connection (newly updated)

• Blog post on coordinating canvassing (AFJ Action)

On this edition we chat with Nonprofit Vote Executive Director Brian Miller about the organization’s efforts to expand nonpartisan voter engagement, the fascinating findings in its latest Nonprofit Power Report, and the challenges and strategies for a successful nonpartisan campaign.

On this episode

Tim Mooney

Quyen Tu

Special Guest – Brian Miller, Executive Director, Nonprofit Vote

 

·       Introduction

·       About Nonprofit Vote

·       National organization providing resources and training to help nonprofits engage communities in voting and elections.

·       Resources include guides on staying nonpartisan, running voter registration drives, and understanding relevant regulations.

·       Why Nonprofit Voter Engagement Matters

·       Fosters an inclusive democracy by narrowing gaps in voter participation along lines of race, income, and age.

·       Nonprofits serve as secondary actors with motivations to ensure their communities have a voice in democracy, unlike political campaigns that focus on likely voters.

·       The Nonprofit Power Report

·       Updated version analyzed voter data from nonprofits in eight states during the last midterm election.

·       Key Findings:

·       Nonprofit-engaged voters were more likely to be low income, younger, and voters of color.

·       Nonprofit engagement boosted voter turnout by 10 percentage points on average.

·       Higher turnout rates were observed for voters of color (+12%), young voters (+14%), and low-income voters (+15%).

 

·       Challenges and Solutions in Voter Engagement

·       Common barriers include perceptions of partisanship and lack of resources.

·       Importance of understanding legal boundaries to overcome partisanship concerns.

·       Philanthropy for Voter Engagement Initiative partners with foundations to provide resources and support for voter engagement.

·       Strategies for Effective Voter Engagement

·       Reverse door-knocking for organizations with high foot traffic (e.g., food pantries, community health centers).

·       Incorporating voter engagement into community outreach for issue-focused groups (e.g., environmental organizations).

·       Leveraging trusted relationships and human interaction alongside technology (e.g., online voter registration).

·       Role of Technology and AI

·       Online voter registration and the importance of balancing technology with human interaction.

·       Ensuring accessibility and reliability of information, especially with the rise of AI-generated misinformation.

·       Encouraging use of trusted sources like .gov addresses for accurate information.

·       Engaging Underrepresented Communities

·       Importance of working through existing nonprofits with cultural competency.

·       Ensuring accessibility in communications and polling locations for people with disabilities.

·       Examples of best practices and collaborations with organizations like the National Disability Rights Network.

·       Resources

·       Nonprofit Vote’s website

·       Nonprofit Power Report

·       AFJ’s Nonprofit Voter Assistance Series

·       AFJ’s The Connection

·       AFJ’s The Rules of the Game

 

On this episode, we will discuss how nonprofits can respond when they are asked to share their resources with others. Whether it’s data, a mailing list, office space, or something else of value, your nonprofit needs to know what to do when asked to share its assets with other people and groups. And guess what! Your organization’s tax status will come into play. If you’re a 501(c)(3), you need to be particularly careful, especially when interacting with non-(c)(3)s. We’ll dive in deep and answer the question “Can We Rent (or Share) That?” in the minutes to come.

 

Our Attorneys for This Episode:

Monika Graham

Natalie Ossenfort

Victor Rivera

 

General Principles when sharing resources and working with other organizations:

·      Principle #1: Moving resources from a 501(c)(4) to a 501(c)(3) is simpler from a legal standpoint than the reverse (uphill / downhill principle).

·      Principle #2: Your tax-exempt status follows you into your transactions with others.

·      Principle #3: Documentation is important.

·      Principle #4: Stay in your lane.

 

What does this have to do with renting and exchanging resources?

·      501(c)(3)s are prohibited from supporting or opposing candidates, including making contributions to candidates and political organizations.

·      501(c)(3)s should not provide resources to a 527 without charge. Instead, they should rent or sell these types of assets for fair market value and make them equally available to any other political entities that request them.

o   Best practice is to use a list broker.

·      When supporting the work of (c)(4)s, which can engage in some partisan political activity, 501(c)(3)s must be mindful to protect their assets and to ensure that they aren’t giving away their lists, data, and spaces for partisan political use for free and that any rental transactions are well documented and comply with the law.

 

Can our (c)(3) rent out event space to candidates and other types of organizations?

·      Whether something constitutes impermissible support or opposition of candidate depends on the facts and circumstances. Some things the IRS considers in the event space rental context include (Rev. Rul. 2007-41):

o   Whether the facility is available to all candidates in the same election on an equal basis,

o   Whether the fees charged to candidates are at the organization’s customary and usual rates,

o   Whether the activity is an ongoing activity of the organization or whether it is conducted only for a particular candidate, and more!

·      Discussion of two examples.

 

What about newsletter ad space?

·      If a 501(c)(3) rents / sells ad space in its newsletter or other publications, it can offer that same service to others (even candidates), but it must charge fair market value and allow all entities and candidates the same access without regard to political preferences.

o   Remember to indicate which ads are “paid advertising” in the publication.

·      If it usually gives out ad space for free (instead of requiring a financial transaction), it could potentially do the same with other organizations, but all free content must be nonpartisan.

·      What if a (c)(4) has a newsletter and wants to provide ad space to a (c)(3)?

o   It’s easier for (c)(4)’s to share resources with (c)(3)s since (c)(4)s can do everything (c)(3)s can do, and more!

o   A 501(c)(4) could rent space to the (c)(3) for fair market value or give it away for free.

 

Voter Registration Files

·      501(c)(3)s should not freely share with partisan organizations the voter registration lists or other data that it collects during voter registration or education activities.

·      This information is a valuable asset owned by the 501(c)(3). Voter registration files may only be rented to a 501(c)(4) or 527 at fair market value or exchanged for data of equal value. Even then, the circumstances in which these agreements can be made are complex, so it’s wise to get legal advice.

·      This type of agreement can also cause opposing parties or groups to raise their eyebrows and question the legality of the transaction. Before engaging in this type of transaction, figure out how much risk your organization is willing to incur.

 

501(c)(3)s can’t give things away for free to non (c)(3)s that could potentially use the (c)(3)’s assets for partisan political purposes. So, if you’re thinking about sharing your organization’s resources with others, exercise caution and consult with counsel when needed.

 

Resources:[NO1] 

 

Rules of the Game

Election Checklist for 501(c)(3) Public Charities

The Connection

Coalition Checklist

Rev. Rul. 2007-41

Monika, can you add a resource link to that revenue ruling you cited in the event space discussion? [NO1]

On this special edition from the BISC (Ballot Initiative Strategy Center) Road Ahead 2024 conference held in Las Vegas, we bring our takeaways from our sessions on ballot measure advocacy, including handling misinformation, tips on campaigning, garnering cross-ideological support and more.

 

Lawyers on this episode:

Sarah Efthymiou

Tim Mooney

 

 

Handling misinformation in ballot measure campaigns

   – Strategies to counter misinformation and disinformation.

   – Focus on highlighting correct information rather than amplifying incorrect details.

 

How campaigning against ballot measure proponents is different than candidates

   – Discussion on conservative influencer, Brian Haywood.

   – His influence on ballot initiatives in Washington.

   – How non-candidates can be criticized without impacting tax-exempt status for 501(c)(3)s

 

Cross-Ideological Support for Ballot Initiatives

   – How ballot measure work reflects populist views and forms unlikely coalitions.

   – Examples from various states including Florida’s cross-ideological support for returning citizens’ rights.

 

Role of Funders in Advocacy

   – The importance of funders in supporting grantees beyond financial contributions.

   – Tips on early funding and building infrastructure for effective campaigns.

 

Conference Resources and Recommendations

– Ballot Initiative Strategy Center

– Seize the Initiative

– Bolder Advocacy’s ballot measures toolkit