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

This is the first of a three-part series. Part 2 on Election Day(s) Advocacy. Part 3 on Post-Election Advocacy. 

Our attorneys for this episode    

Leslie Barnes  

Tim Mooney  

Quyen Tu  

Shownotes 

• Election-year challenges 

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

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

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

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

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

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

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

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

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

• Houston Justice Coalition Post 

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

• Best practices for 501(c)(3)s 

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

• Best practices for 501(c)(4)s 

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

Resources 

Bolder Advocacy Election Activities Page 

Want to Conduct or Fund a Voter Registration Drive 

Election Protection Efforts Factsheet  

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

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

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

Non Bolder Advocacy resources 

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

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

With national attention on the Presidential and Vice-Presidential debates, it’s a good time to cover the rules for how nonprofits can convene and comment on debates. 

 Our attorneys for this episode 

Tim Mooney 

Jen Powis 

Quyen Tu 

Shownotes 

 Public charity 501(c)(3)s can educate candidates and voters. 

• Many debates are run by 501(c)(3)s. 
• Example: Commission on Presidential Debates is a 501(c)(3) public charity 
• Remember 501(c)(3)s cannot support or oppose candidates. 

• See the Facts and Circumstances analysis from our first episode. 

• Nonprofits can host debates as an opportunity to educate voters 
• Candidate education 
• Host a debate with a coalition 

• Example from The Coalition for Environment, Equity & Resilience (CEER), a program of Healthy Gulf (c3) & BakerRipley (c3) in Houston 

• Invite all viable candidates (what is viable) 
• Prepare questions prior, and ensure an adequate moderator 
• No candidate pledges 

• Nonprofits can respond to things said in debates 
• Fact checking is ok, but not support/opposition to candidates 
• Be consistent in your language. 
• Example: Sierra Club, c4? 

• Consistency and a track record are key. 
• Best practices: 
• Think through why responding now helps its advocacy program, 
• Determine who is permitted to “speak on behalf of the organization,” 
• Focus on what is said (the issue) and not the candidates themselves, and 

• Ensure that the facts provided meet the above objectives. 
• Example: Southern Poverty Law Center (c3) responding to President Trump’s comment about the “Proud Boys” 

Resources 

Hosting Candidate Debates: Public Charities Can Educate the Community Through Candidate Debates 

Commenting on Candidates and Campaigns: How 501(c)(3)s Can Respond During an Election Year 

Responding During Election Season and Debates 

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

Can 501(c)(3)s use social media to praise or criticize the policy actions of elected officials during an election year? It depends! Tim, Leslie and Quyen break down two examples of nonprofits that show you can safely and legally criticize elected officials even if they are up for re-election.

Our attorneys for this episode

Tim Mooney

Leslie Barnes

Quyen Tu

Shownotes

• 501(c)(3)s cannot support or oppose candidates for public office – see ROTG episode 1. But they can criticize or support the policy actions of incumbents, so long as it doesn’t appear as a proxy for a stance on the re-election of that official.
• Example 1 – Ali Noorani is President & Chief Executive Officer of the National Immigration Forum, a 501(c)(3) advocacy organization to promote the value of immigrants and immigration. Ali is responding to President Trump’s Executive Order banning certain types of visas. 
  • Green light – this does not pose a risk
  • Criticism is focused on the actions, not theindividual 
  • Track record of criticism prior to the lections
  • Timing is well before the election
  • Trigger is a non-election event (the EO)
• Example 2 – Marisa Ordoniais a Senior Associate Attorney at Earthjustice’s regional office in Seattle. In this clip, Marissa speaks about a case against the Trump administration. 
  • Green light – this does not pose a risk
  • Track record: 115 cases against the administration
  • No references to voters or election
  • Timing is well before the election
  • Non-electoral trigger

Resources

• Praising and Criticizing Incumbents
• Rules of the Game
• Bolder Advocacy’s TA hotline: 866-NP-LOBBY
• Email us at Advocacy@afj.org
• Our website is bolderadvocacy.org  

We are deeply saddened by the loss of one of the greatest jurists of our lifetime. Ruth Bader Ginsburg was a champion for a just and free society, as an advocate, an attorney and a Supreme Court Justice. She is irreplaceable, but someone will be nominated to take her seat on the Court.

For over 4 decades, Alliance for Justice has been a leader on Supreme Court nominations, galvanizing a large and diverse coalition of progressive advocates. Now we are faced with the biggest fight yet. If you and your nonprofit care about the cause of equal justice, and the future of our country—now is the time. Not only can your nonprofit take a stand. It must.

Read Alliance for Justice’s full statement on the passing of Justice Ginsburg.

On this episode we’re covering what your nonprofit can do to advocate on Supreme Court or other judicial nominations. 

Our attorneys for this episode

Tim Mooney

Leslie Barnes

Quyen Tu

Shownotes

Work supporting or opposing a judicial nomination like the Supreme Court counts as lobbying.

For 501(c)(3) public charities, it’s legal to lobby but tax law limits how much you can do.

There are two ways for (c)(3)s to measure their lobbying limits. If you’re going to be active in this area of judicial nominations, you should make the 501(h) election, which we’ll cover in more detail in a future episode.

The benefits of making the 501(h) election:

• Clear dollar based lobbying limits
• Clear definitions of lobbying.
• It’s retroactive to the beginning of your tax year
• Although there is a limit, the consequence of going over the limit is an excise tax and going over in one year doesn’t jeopardize your exempt tax status.

Other 501(c)s can lobby an unlimited amount, but they can also tie their issue advocacy to electoral outcomes. For example, they can tie judicial nomination advocacy to their candidate endorsements.

Pre-nomination advocacy

Trying to influence the President on specific nominees is lobbying

Speaking to Senators before the nomination – unlikely to be lobbying.

Talking about the process — for instance waiting until after the election to proceed with filling the vacancy — probably not lobbying activity before or after a nomination.

Post-nomination advocacy

Direct lobbying – Senators and sometimes the President

Grassroots lobbying – the general public, when there’s a call to action

How does the election factor in?

For 501(c)(3)s that focus on the nomination itself, it is safe lobbying territory.

501(c)(3)s should not stray from the nomination process and tie their advocacy into whether the President or Senators should be reelected. That gets into partisan territory.

Listen to the first episode of Rules of the Game more on advocating in an election season.

Best Practices

Do’s

• Talk about the importance of the Supreme Court and the lower courts in protecting people’s rights. Do talk about RBG’s legacy and her decisions. Do talk about the 5-4 votes and how the balance could be tipped.
• Talk about any nominee’s record on the issues, with a particular focus on the potential impact on issues on which the organization has a record of working and speaking
• Talk about the nominee’s experience (or lack thereof).
• Tie a Senator’s public position on the issues to the nominee’s known record, or President’s statement on qualities he wants in nominees.
• Engage in grassroots mobilization. If your efforts include a call to action, for example, “Tell your Senator to Vote No,” track activities as grassroots lobbying. If advocacy concerns the process, that will generally not be counted as lobbying. For example, “No vote until after inauguration day,” or “A lame duck Senate should not be voting on a lifetime Supreme Court seat,” will likely not count as lobbying.
• Fund this work if you are a private foundation

Activities for 501(c)(3)s to avoid

• Don’t say a Senator should be defeated or re-elected because of their actions on this vacancy.
• Don’t praise or criticize statements of the people who are running against sitting Senators or the President on the nomination.
• Don’t share social media posts from candidate accounts—check before you tweet. Sitting Senators will have a campaign account and an account for their Senate role—check to ensure you are sharing from a non-campaign account. Be careful with c4 and PAC accounts—many will be posting content a c3 should not share.

Resources

Bolder Advocacy’s TA hotline: 866-NP-LOBBY

Email us at Advocacy@afj.org 

Our website is bolderadvocacy.org  

Resources on judicial nominations, including the process and the potential Supreme Court nominees

501(h) Factsheet

Foundation Support for Public Charities that Influence Judicial and Executive Branch Confirmation Votes

Staff, volunteers and board members of 501(c)(3)s have to make sure they avoid supporting or opposing candidates on behalf of their organization when they’re on the clock. But, those rules only apply to the organization. People that work or volunteer for a 501(c)(3) can – on their own time, and in their  individual  capacity - support or oppose candidates of their choice. But, as always, the devil’s in the details.  On this episode, Tim, Leslie and Quyen cover best practices to keep your personal partisan support separate from your 501(c)(3) work. 

Our attorneys for this episode 

Tim Mooney 

Leslie Barnes 

Quyen Tu 

Shownotes 

• 501(c)(3)s cannot support or oppose candidates for public office – see ROTG episode 01.  But those rules do not apply to individuals on their own time in their own capacity. 
• Important to show separation  
•  IRS Guidance is old 

• Key is to ensure (c)(3) funds are not subsidizing personal partisan work  
• Tips for showing separation on social media  

• Multiple accounts I 
• Disclaimers   

• Can a (c)(3) employee go to the DNC? 

• Yes, in personal capacity 
• Employer may have policies that have added restrictions 

• Best practices 

• Acting in good faith  
• Don’t be cute  

• Do any partisan things on your own time  
• Be clear that it’s you and not the organization – know what hat you’re wearing 

 Resources 

• Board Members and Election Year Activities  
• Election Activities for Individuals Associated with 501(c)(3)s  

• Sample 501(c)(3) Organizational Policy for Election Season  
• Bolder Advocacy’s TA hotline: 866-NP-LOBBY 
• Email us at Advocacy@afj.org  
• Our website is bolderadvocacy.org   

501(c)(3)s can’t support or oppose candidates, but that doesn’t mean they can’t hold elected officials accountable for their policy decisions. Tim, Leslie and Quyen break down an interaction in Minneapolis following the police killing of George Floyd to talk about the ways individuals and nonprofits can engage elected officials. 

Our attorneys for this episode

• Tim Mooney
• Leslie Barnes
• Quyen Tu

Shownotes

• 501(c)(3)s cannot support or oppose candidates for public office – see ROTG episode 1. But they can hold elected officials accountable for their policy actions or inactions.
• Our example comes from a public discussion between Minneapolis activist Kandace Montgomery and Mayor Jacob Frey.
• Individuals have more ability to draw connections to future elections than 501(c)(3)s
• Non 501(c)(3) organizations aren’t as restricted in connecting to elections, but may need to follow relevant election laws
• Strategies
  • “Bird dog” elected officials by showing up at their offices, town halls, or events to respond to their positions and to make the public aware of stances
  • Representatives of organizations may also ask questions of officials at public events or when they are in public places and then publicize the official’s answer. 
  • Stage public demonstrations, rallies, or marches to highlight support for or opposition to a policy or action by an elected official.
  • Call for town hall meetings 
  • Hold your own town hall meeting 
  • Call for oversight hearings. 
  • Use social media. 
  • Creatively highlight the impact of a policy

Resources

• Election Checklist for 501(c)(3) Public Charities: Ensuring Election Year Advocacy Efforts Remain Nonpartisan
• Election Year Activities for 501(c)(4) Social Welfare Organizations
• Accountability Advocacy for 501(c)(3)s
• Bolder Advocacy’s TA hotline: 866-NP-LOBBY
• Email us at Advocacy@afj.org
• Our website is bolderadvocacy.org. 

The 2020 election is right around the corner. Your nonprofit may have mastered how to talk to candidates – but the rules change as successful candidates make the transition to elected officials. Join us for our next Live with Bolder Advocacy: How Nonprofits Can Assist in Transition Advocacy.

Senior Counsel Tim Mooney answers all your questions in how nonprofits can take advantage of this period of transition to educate a new administration and staff on the issues your organization cares about.

Originally broadcast on Facebook Live on August 26, 2020. 

Alliance for Justice’s Bolder Advocacy program is launching a podcast!

In each episode of Rules of the Game, we’ll answer questions we get every day about how nonprofits can safely and boldly advocate for the issues they care about.

We’ll tackle issues like how nonprofits can respond to Trump, hold elected officials accountable, and “support legislation that meets the needs of their community

We’ll post new episodes every two weeks, so join us every other Wednesday for more tips on how you and your nonprofit can be bolder advocates.

Check out Rules of the Game: The Bolder Advocacy Podcast on August 19th!  Find us on your favorite podcast app or bolderadvocacy.org/podcast.

December means (for a lot of us) one thing: friggin cold hands and feet. On this best of the podcast, let’s see if we can find some ways for keeping hands and feet warm on bike tour, and maybe even your chilly commutes! Also, a listener-recommended winter tour for a warmer overall ride! Originally podcast December 8, 2016.

Best of Pedalshift 064: Keeping Hands & Feet Warm on Bike Tour

The post Best of Pedalshift 064: Keeping Hands & Feet Warm on Bike Tour appeared first on Pedalshift.

Pedalshift Live

Coming in December… Saturday 12/7 3pm EST! New tour reveal, revisiting cycling WNY and an AMA!

See you in March!

I’ll be presenting at the 2020 National Bike Summit! Details to come, but looking to do a meetup if listeners will be in DC. 

Thanks Bicycle Touring

 

Hi Tim, this is Vince Greco from Valley Forge, Pennsylvania. I hope this isn’t too late to get into U. I know it’s a day after the deadline but one of the share what I’m thankful for that bicycle touring. I am thankful for all the places and the distance that bicycle touring can take me, but this year in particular. I am thankful for a beautiful fall Gap ride with motion decent, although colder than I expected whether it was nice to see the Gap in a different season, cuz usually I end up writing in the spring or early summer, but I’m also very thankful for your podcast. Actually. I ended up adding the entire Montour Trail into my ride. In fact, I did a loop. I started in Cumberland went out to Pittsburgh on tour and came back to Cumberland again, but I heard about riding the Montour from your podcast and how to do that. So just wanted to say thanks.

 

 

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Hey Tim, Brian Benton a long time listener and the podcast I think I haven’t missed any episodes. So my my thankful thing I would say I’m thankful for the opportunity. I had this year off, you know and Gap trail with my son. He graduated with his PHD in physical therapy in May and then the Stars aligned we were able to do an eight-day Bike Tour since I’m a teacher. I had this summer off and he hadn’t started his job yet. He isn’t a cyclist but he was an incredibly excellent shape from playing college level Ultimate Frisbee on his biggest complaint on the trip was his butt hurt em, I think we can all relate to that and one of the best memories I have from the trip was standing at a waterfall on the gap for 30 minutes and neither of us felt the need to talk. I don’t know if we’ll ever get to do this again ever, but that makes this just an extra special trip. So I say thanks Tim for the motivation to do the CNO and GAP Trails. I have a memory with my son that I’ll never forget dead. Thursday for the podcast 

 

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We don’t celebrate thanksgiving where I’m from (New Zealand), but practicing thankfulness is always nice so I thought I’d join in. 

 

I’m thankful for the friendly and helpful people I’ve met through cycling. My local bike shop has been really great with helping me understand basic bike maintenance, and what I do and don’t need. I’m also thankful for the cool bike activist people in my area that I’ve met recently. They campaign for better cycling infrastructure, lawmaking, and driver/biker education, and I feel lucky to have made some awesome new friends. (Rory in New Zealand)

 

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I have a kind of strange thing I give thanks for. I like to listen to audiobooks when on long rides; what I’ve found is that books, or sections of books, get linked in my mind to the places I was riding while listening to them. For instance last spring I rode down from Astoria (re)listening to mostly Robert Heinlein books. I was on a book called Friday in southern Oregon and I can’t think of the Seven Devils without thinking of that book too. (Ray)

 

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I think my reflections are like my fellow travelers.  Reflections of kindness, beauty, making friends, overcoming challenges and exploration fill the bicycle travelers’ “carts.”  I’m no different.

 

As a photographer I have always loved sharing (marketing) images of what I see around me.  One of my favorite slogans is “seeing is believing.”  So many people in our face-paced society never or seldom take the time to SEE the world around them.  

 

Seeing is much easier when you travel by bicycle.   You can actually choose to SEE and to capture a moment that is in front of you.  Sharing images are easy in today’s world, so now everyone can enjoy it ~ not just you.  

 

The opportunity to SEE is my favorite thing about bicycle travel.  SEEing never lets you down ~ it makes memories forever! (Keith)

 

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I guess I’m thankful for buying an e-bike. It’s kind of reinvigorated by love bicycling. I love riding it and it’s just it’s just the best thing it’s kind of heavy, but it it gets the job done. It’s a tract verb plus and got a good deal on it, and I put the 700 Mi on it since Memorial Day. (Mark)

 

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I’m thankful for all of the great people I’ve met through biking. You won’t meet better people than you will in the cycling community.(Scott)

 

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I’m thankful to have been blessed with a home on the C&O. I am especially blessed to ask passersbys if I can assist them. I’ve met some wonderful people who have stopped to use hose, have a snack or rest by fire pit. I am so very Thankful to be on the trail.(Clara)

 

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I’m thankful that at 62 years old I can still cycle 50-60 miles a day. Thankful for all the friends I’ve made over the years while biking and the kindness people show you while on the trails. I had a flat tire once and every person that rode by stopped to offer assistance. A great group of people!(Diane)

 

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Bicycling has really saved me from myself. At 345 and gaining my PTSD was making me eat myself to death. I was so depressed that I thought of suicide daily. I figured I could eat till my hearts content and be dead in a year. When it didn’t happen fast enough I got hostile. Fired, fat and hostile I ran low on money and took to the trail for cheap transportation. 2 years ago and I’m 210 now, ride almost every day sometimes as far as 60 miles , sometimes pulling my dog to the park. I’m so thankful I stumbled upon this obvious solution to both my mental and physical health.(Paul)

 

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I am so grateful that the Great Allegheny Passage runs through my home town of Connellsville. The town that boomed in the coal and coke era is slowly being revitalized thanks to the formerly under appreciated beauty of the area that is now highlighted by the trail. I am blessed to be witnessing that rebirth, and to still be able to enjoy the freedom of riding miles and miles with no traffic concerns. I am thankful to be part of the wonderful diverse community of bikers, all sharing a childlike joy found in biking to new places. (Barb)

 

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Thankful that I am in my cathedral of light with the sunlight filtering through the green or gold in areas we would never see unless you are on the seat of a bike!(Mary Ann)

 

 

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Love riding the GAP, Ive met people from all over, the scenery is 2nd to none, hope to ride again soon before it gets to cold.(Phil)

 

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I am thankful for still being able to ride. I know it won’t last a long time, but while it does, every ride is special! (Johnny)

 

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Thankful I’ve been able to ride the GAP / C&O in it’s entirety in 2015 and many varying rides on portions of it. Riding in over a dozen MS 150 rides and recently riding a ride from Los Angeles to San Diego for The MS Society as well. Always feels good to help people as I’m riding & enjoying the bike.(Tom)

 

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Thankful for all out great R2T trails for us runners to run on!!!!!!(Anthony)

 

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I am thankful I got the opportunity to ride from Pittsburgh to D.C. this summer. One of my major bucket list rides checked off!(Ed)

 

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I’m thankfull for two great rides on the GAP one in the spring and one in the fall. Thankful for the great weather I experieced on both occasions and spectacular color on the fall ride. Thankfull I have a friend who now has an eBike like me so we can travel together and thankfull we can cost share.(Roxanne)

 

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The freedom, the openness, opportunity to just go. Im thankful for that. Grateful and blessed to have had what i feel to be an epic roundtrip on the GAP and C&O. It changed my life. The people i met changed me. And this was my first time being on those trails. Im thankful for it all!(Ryan)

 

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I am truly thankful for the opportunity to explore and have crazy adventures on two wheels. To have a sister Kathleen who travels with me on long journeys, constantly inspires me to keep going & refuses to give up regardless of injuries, bike malfunctions and inclement weather. In addition.. she has opened my eyes to this great cycling community who are some of the most magnificent memorable people I have ever met!

– Cheers to all & have amazing holidays!!!(Stephanie)

 

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I am thankful for family and good friends. Bicycle touring is great but nothing replaces family & friends. Invite them along.(PPP)

 

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I am thankful for all the wonderful people that I have met along my journey on the c&o the gap and also the Montour trail now. I’m thankful that my life is started over in a better way. Before I started my journey October 9th 2019 everyday I contemplated suicide. My depression and all had me so bad I didn’t like people I didn’t like my own life. But since I started my journey on the c&o in Harpers ferry I have met so many people, so many good people they have changed my outlook of life and now I can’t see my life any other way thank you to everybody that has been there to help me out mentally physically financially, much love to everyone. (Michael)

 

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I’m thankful for ALL of these, in terms of bike-touring!

The people/experiences are perhaps at “the top”, but everything else is “right behind” ;-] (Pete)

 

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I am thankful for my health that allows me to feel the sense of wonderment that I experience when riding somewhere far from home under my own power. It is a feeling of vulnerability and excitement all wrapped up in one.(Chris)

 

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I’m able to take something that I use for two wheel therapy, commuting, hauling from the grocery store, riding with friends & family, achieving personal stretch goals, and then take it on a vacation self-supported at low cost and low emissions to some of the most beautiful places in the world as well as down the road from home. From an over-nighter to extended travel, how could I not be thankful for that? (Rod)

 

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The communities and organizers who have created safe, integrated as well as alternative routes for me as I enter and explore different regions.(Paul)

 

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I’m thankful to have access to a machine that lets me slow down and truly enjoy the journey.(Peggy)

 

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I’m grateful that the bear on the trail ahead of us ignored the pebbles we were firing at it with our slingshots. We thought it would just leave and we could continue bikepacking on the trail. Instead we had to push our bikes through a river to get past it.(Adrian)

 

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I’m thankful for my health and for the kindness of strangers (also, you have an awesome last name (Suzanne Mooney)

 

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Nice surprises, like a beautiful sunrise in the morning when I didn’t expect it. Thankful when I manage to weather difficulties, and come through them (Caroline)

The post The Pedalshift Project 186: Thanks Bicycle Touring 2019 appeared first on Pedalshift.