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

Lawyers for this episode

Tim Mooney Quyen Tu Jen Powis

Show Notes

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

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

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

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

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

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

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

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

IRS guidance, from 1976

Examples of bail funds that likely qualify

RAICES

Bail Project

 

Resources

Maximize Your Lobbying Limit

501(c)(3) Employees Running for Office

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

IRS Form 5768 – electing 501(h)

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

 

On this episode, we turn to nonprofits that are tackling nothing less than an existential crisis—climate change. Learn more about how some organizations are tackling this, and how that fits within the laws governing their work.

Lawyers for this episode

Tim Mooney Quyen Tu Jen Powis

Show Notes

• Non-lobbying advocacy
  • Corporate work – Lawyers for Netzero
  • Education – The Beginning of the End of the Great Pacific Garbage Patch
  • Research – Climate Central, Union of Concerned Scientists, Carbon180
  • Public protest/demonstration

• Administrative advocacy with the EPA or state based DEQs – Bayou City Waterkeeper

• International/Treaties
  • Governments in partnership with numerous private foundations, a $1.6 billion pledge to support indigenous communities at the COP26 climate summit.
  • Coalition for Rainforest Nations

• Electoral
  • Nonpartisan
    • Earthjustice
    • Conservation Lands Foundation
  • Partisan work
    • Sierra Club’s PACs
    • Sunrise PAC
  • Ballot Measures

•  

Resources

• Bayou City Waterkeeper
• Carbon180
• Clean up in of the Great Pacific Garbage Patch
• Climate Central
• Coalition for Rainforest Nations
• Ford Foundation press release
• The Ocean Cleanup
• Union of Concerned Scientists

On this episode, so you have a 501(c)(4) to advocate on your issues. How do you fund it when you can’t offer tax deductibility to your donors? And what’s so great about them around election season? Listen up and we’ll talk fundraising strategies and give an overview on the power of independent expenditures. This is the second of a two-part series. Lawyers for this episode Tim Mooney Quyen Tu Jen Powis Shownotes

• Funding strategies for 501(c)(4)s
  • Non-deductibility disclaimers in solicitations
  • Joint fundraisers
  • Foundation grants
  • Lobbying grants from 501(c)(3)s
• Independent expenditures  

Resources

Why create a 501(c)(4)?

501(c)(4) Strategy and Discussion Guide

Considering Starting a 501(c)4? Case Studies

Primer on Social Welfare Organizations: Using 501(c)(4) Organizations for Good

Power of Collaboration

Starting a 501(c)(4) organization 

How to operate a 501(c)(4)

The Connection

Comparison of 501(c)(3) and 501(c)(4) permissible activities

Accountability Advocacy: How 501(c)(4)s Can Hold Elected Officials Accountable for Their Actions

Why (c)(3)s and (c)(4)s need to work collaboratively

Sample Timesheets

Sample Cost Allocation Agreement

Life Cycle of a Social Welfare Organization | Internal Revenue Service (irs.gov)

On this episode, we walk through the ins and outs on why you’d want to form a 501(c)(4) to get things done as a nonprofit advocate. Because (c)(4)s are effectively the multi-tool of nonprofits, they can do a lot more than you might even think. But is it the right choice for your needs? This is part one of a two-part series.

 

Lawyers for this episode 

Tim Mooney 

Ronnie Pawelko 

Leslie Barnes 

 

Shownotes 

• What is a 501(c)(4)? 
• How to figure out if a nonprofit is a (c)(4)  
• Why would you want a (c)(4)? 
• Benefits of a (c)(4) 
• Downsides/Costs of a (c)(4) 
• Should We Form One?  

 

 

Resources 

Why create a 501(c)(4)? 

501(c)(4) Strategy and Discussion Guide 

Considering Starting a 501(c)4? Case Studies 

Primer on Social Welfare Organizations: Using 501(c)(4) Organizations for Good 

Power of Collaboration 

Starting a 501(c)(4) organization  

How to operate a 501(c)(4) 

The Connection 

Comparison of 501(c)(3) and 501(c)(4) permissible activities 

Accountability Advocacy: How 501(c)(4)s Can Hold Elected Officials Accountable for Their Actions 

Why (c)(3)s and (c)(4)s need to work collaboratively 

Sample Timesheets 

Sample Cost Allocation Agreement 

Life Cycle of a Social Welfare Organization | Internal Revenue Service (irs.gov) 

On this episode, we’re picking up a topic we talked about months ago: Redistricting. Last time, we talked about the general process for redistricting, and we encouraged our nonprofit community to learn how the new maps would be drawn in their state or their local district.   

This time, we’re going to look at how the nonprofit community can advocate for their mission and their own community no matter the process in your home state, and regardless of where your state is in the redistricting process. We also wanted to lift up that historically, how we encourage voting or limit voting in America is also through the lens of discrimination.   

  

Our Attorneys for this Episode:  

Jen Powis  

Leslie Barnes 

  

Show Notes 

• How the census, which is required to proportionally represent an entire state’s population, encountered a growing problem that politicians couldn’t fix for decades. 

• How the Supreme Court in conjunction with citizen action in the 1960’s addressed this issue, which resulted in the “One Person One Vote” doctrine. 
• How redistricting election maps works and how it differs by state. 
• Regardless of your state’s system to draw maps, your nonprofit can play a vital role in protecting your community’s right to vote and to participate in policy-making. 
• Current day challenges in redistricting include high population densities, whether to count undocumented residents or only US citizens, and questions on equity and race. 
• How some nonprofits are engaging in the redistricting process and how your organization can get involved as well. 

• What does gerrymandering and “packing” mean? 
• What are “communities of interest” and what is “contiguity”? 
• The importance of knowing the computer model your state uses to create maps  

 

Bolder Advocacy Resources  

https://www.usccr.gov/files/pubs/2018/Minority_Voting_Access_2018.pdf 

https://americanhistory.si.edu/democracy-exhibition/vote-voice/getting-vote/demanding-vote/one-manone-vote 

https://bolderadvocacy.org/resource/standing-up-for-your-community-influencing-the-redistricting-process/ 

https://bolderadvocacy.org/resource/mapping-the-future-the-redistricting-process-and-private-foundations/ 

 

Other resources: 

https://www.ncsl.org/research/redistricting/redistricting-systems-a-50-state-overview.aspx 

https://www.everycrsreport.com/reports/R45951.html 

https://funderscommittee.org/files/Collaborative_RedistrictingGuide_2.pdf 

https://www.fairdistrictspa.com/updates/pa-prison-gerrymandering 

https://redistricting.lls.edu/wp-content/uploads/Basics-English10.pdf 

 

On this episode, we’re going to discuss how nonprofits can support their communities in the wake of natural (and other types) of disasters. Whether it’s dealing with preparations for flooding, hurricanes, and wildfires or helping communities get back on their feet after political conflict, nonprofits can and should be ready and able to help by mobilizing volunteers, helping communities navigate government relief programs, providing financial assistance, and more. 

Attorneys for this episode: Natalie Ossenfort, Quyen Tu 

Topics: 

• Why one shouldn’t overlook the importance of local/community nonprofits  
• The importance of community foundations in helping rebuild after a disaster 
• A forum where organizations share knowledge and resources throughout the disaster cycle 
• September is National Preparedness Month 
• Tax Relief in Disaster Situations 

     

 

Resources: 

• From the IRS

 

• Disaster Relief: Providing Assistance Through Charitable Organizations 

• National Voluntary Organizations Active in Disaster (National VOAD) 

• Global Giving: why giving cash, not stuff, is more effective after a disaster 
• Nonprofit Advocacy in the Wake of a Natural Disaster Blog
• Bolder Advocacy’s TA hotline: 866-NP-LOBBY 
• Email us at advocacy@afj.org 
• Our website is bolderadvocacy.org  

On this episode, we are covering advocacy during the COVID-19 pandemic. COVID is wrecking-havoc on our health, our healthcare system, the way we conduct business and engage in community outreach, on educational institutions, and more. The good news is that nonprofit organizations are well-equipped to provide a voice on how to effectively respond to the challenges of a global pandemic. 

Attorneys for this episode:  Jen Powis, Natalie Ossenfort, Leslie Barnes 

 

Topics: 

• Quick nonprofit advocacy refresher  
• How does this relate to COVID?  

• Examples of how nonprofits are advocating during COVID-19
  • Housing – Catholic Charities, Causa Justa
  • Decarceration – Faith in Texas, Courtwatch PG
  • Public Education – ACLU
  • Democracy – Civic TN 

 

 Resources: 

Factsheet: Administrative Advocacy  

Factsheet: Public Charities Can Lobby  

Blog: Nonprofit Advocacy & COVID-19   

Influencing Public Policy in the Digital Age  

Accountability Advocacy for 501(c)(3)s  

Rules of the Game 02: Holding Elected Officials Accountable 

 

On this episode… the Supreme Court made some news as it closed out its spring term. In particular, the Court ruled in two big cases that impacted nonprofits. Now, a few months later we discuss what the holdings mean for nonprofits going forward. 

Attorneys for this episode:  Jen Powis, Ronnie Pawelko, Tim Mooney 

Topics: 

Americans for Prosperity Foundation v. Bonta 

Brnovich v. Democratic National Committee 

Resources: 

AFP holding (PDF) 

Brnovich holding (PDF) 

The Supreme Court’s Latest Voting Rights Opinion Is Even Worse Than It Seems (Slate) 

On this episode, we’re talking about recall elections. A recall is a procedure that allows citizens to remove and replace a public official before the official’s term of office ends. Historically, recalls have been used most frequently at the local level and this year, and this year we’re seeing a very prominent effort in California. Can nonprofits advocate in a recall election?

Attorneys for this episode:  Quyen Tu, Natalie Ossenfort, Tim Mooney

 

Topics:

History/Development of Recall

What can nonprofits do and say in recall elections?

Example: Mayoral Recall in Portland, Oregon

Example: Gubernatorial Recall in California

 

Resources:

Ballot Measures and Recalls: Basic Rules for 501(c)(3) Public Charities, 501(c)(4)s, and Unions

National Conference of State Legislatures

The Rules of the Game

Episode 1 – “Can We Say That?”

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

Email us at advocacy@afj.org

On this edition, our first interview. These will be chats with nonprofit leaders, discussing the ins and outs of advocating on the issues of the day. We’ll mix these in with our episodes on rules and advocacy in action as a way to bring insight to the rules we cover, and elevate the voices of the groups we work with and the folks making substantive policy change through their advocacy. For our first interview, Alliance for Justice president Nan Aron.

As loyal listeners to this show know, we’re attorneys with AFJ’s Bolder Advocacy Program. So we brought Nan on to talk about Bolder Advocacy’s fascinating 80s era origin story, its early successes and challenges, how we’ve evolved through the years, and what Nan’s optimistic about as she prepares to move on to her next adventure.

Learn more about Nan.