Working Together: Affiliation and Coalition Basics

Team work makes the dream work.  While nonprofits normally have their individual policy agendas and platforms, sometimes working with an affiliated organization, most also join in coalition with others in order to more effectively drive policy change.  For example, immigration right groups may join with groups that advocate for kids to better protect our youngest undocumented immigrants. 

Today’s show addresses the differences between c3 and c4 types of organizations so that coalitions can think more strategically about how to use both within a campaign. 

 

  • The Different Types of Nonprofits That We’ll be Talking About Today.
  • Tax lawyers are not creative when it comes to naming conventions. 501(c)(3) refers to the Tax Code provision that defines the creation of a nonprofit public charity.
  • That’s right, there’s 501(c)(1) through ((c)(29).
  • 501(c)(3) organizations are those typically referred to as nonprofits: and are designed to be tax exempt so long as they are organized and operated for religious, charitable, scientific, literary, or educational purposes. We’ve linked to the law in our show notes so you can see the long-winded version.
  • Organizations that are also tax exempt but found under 501(c)(4) of the Tax Code are referred to as social welfare organizations
  • A social welfare organization is defined as a civic leagues or an organization operated exclusively for the promotion of social welfare.
  • These 501(c)(4) organizations will look a lot like the public charities and are often referred to as nonprofit.
  • The key takeaway is that there are lots of different types of nonprofits—organizations that do not pay a federal income tax on the money they collect at the end of the year. And because these organizations are under different sections of the tax code, different rules apply.
  • That’s why tax lawyers are very creative when it comes to strategy–you can find all sorts of ways to craft language to meet what an organization can do, and to use money to its fullest extent possible, even when it is restricted in use. 
  • Lobbying and Partisan work
  • A c3 can lobby and do advocacy but is expressly prohibited from engaging in partisan work, anything that supports or opposes candidates running for public office.
  • A c4 must have as its primary purpose the same types of activities that a c3 can do (advocacy and lobbying) but can also engage in partisan candidate work during elections so long as it is only a secondary activity for the organization
  • Secondary purpose
  • What is secondary? Well, generally that means less than 50% but conservative attorneys often recommend that partisan candidate work is less than 40% of the organization’s total activities. 
  • So a c4 can do everything the c3 can do but can also hold candidates accountable, endorse candidates, compare candidates to the org’s issues

 

  • Affiliated structures: Common Paymaster and other behind the scenes details (Ronnie)
  • A c3 and c4 can also be related organizations and share employees and resources
  • common paymaster, grants and resource agreements are the behind the scenes details that make affiliated organization relationships work–with really only the common paymaster visible to the staff as it results in one paycheck.
  • So the code provides 4 different ways for common paymasters to be supported, and one of the easiest is that the c3 and c4 have at least 50% overlap on the board. Another one of the tests is that the organizations share 30% of its employees.  
  • When it comes to engaging in advocacy, affiliated organizations face many of the same issues when deciding what activities to engage in. The primary issue is always how to ensure the c3 is following the rules that apply to its tax structure.
  • Example of Coalition Work with c4
  • Sometimes the back office flow of money needs to be discussed in coalition when talking about a coalition where the groups need to be more strategic in who pays what. Because a c3 coalition member has to be clear about how its money and name are being utilized. 
  • For example, sometimes the coalition members agree to work together on a policy issue but recognize that each member is going to do different types of activities. Always be clear with your brand and where your dollars are being used.  Or like a loose coalition, mostly acting under your own name but strategically trying to stay together and pull different levers.  The goal is to not work at cross purposes or undermine each other.
  • Pledge Cards by the c4.
  • A c4 organization can compare its mission to whether the candidate agrees with its mission. A c3 cannot.
  • Example, Vote for ProChoice Candidates Like Candidates x.
  • When there’s a flyer that uses logos, the c3 logo cannot appear on a coalition flyer that is partisan.
  • Knocking on Doors
  • A c4 organization could wear the nonprofits shirts and provide volunteers to specific campaigns with their issue.
  • For example, lets say it is a pro-immigration candidate and the c4 organization provides refugee services. The c4 can walk with flyers saying this candidate supports refugees.
  • In coalition, the c3 has to think about the political perception issues when working in coalition with c4 organizations that do this type of work.
  • Sharing Resources. When a c4 organization works with a c3 organizations, sometimes the c3 organization will provide a grant for lobbying purposes to the c4.  The c3 has to count that money on its 990 as lobbying, as does the c4, but in this way, the c3 can sometimes more easily account for policy work since it is providing a lump sum.  Sort of like a contractor relationship.  Similarly, if the dollars aren’t all going to lobbying, the c3 and coalition must know where the money is going.  The budget for the coalition has to be understood by all the parties.  For example, the coalition could issue the “dues request” or “funding request” outlining how much is lobbying, education, etc.
  • Websites: A shared coalition website has to remain nonpartisan and cannot have the endorsement slate.  The two click idea –that the c3 reference to the c4 website land on something c3 permissible.  Or even use a pop up window.

 

Resources at bolderadvocacy.org

https://www.law.cornell.edu/uscode/text/26/501

BA Coalition Checklist: https://bolderadvocacy.org/wp-content/uploads/2018/03/BA-Coalition-Checklist-1.pdf

https://www.bolderadvocacy.org/wp-content/uploads/2016/12/501c4-Strategy-and-Discussion-Guide.pdf

Photo by Jon Tyson on Unsplash

Combatting Voter Suppression and Election Subversion

I wrote a piece at Bolder Advocacy about the cynical and terrifying attempts by many states to selectively block people from voting and — worse — setting up structures to make subverting elections easy. A snippet:

More Americans voted in 2020 than any previous election, with the highest percentage of eligible voters participating since 1960. This historic turnout is made all the more impressive considering that it occurred in the middle of a pandemic. Nonprofits played a critical role in making this happen through voter education, voter registration, and get-out-the-vote drives. And while many 501(c)(4)s and other groups did this in a partisan way, nonpartisan efforts by 501(c)(3)s lead the way for the most robust display of democracy the country has seen in decades.

In response, Republican state lawmakers have passed at least 22 laws aimed at suppressing the right to vote in more than 14 states. These laws are clearly designed to target traditionally Democratic voters, and have included provisions mandating onerous voter ID requirements, dramatic reductions in early voting, and the creation of additional burdensome levels of bureaucracy that non-profits organizing nonpartisan voter registration drives now need to navigate. Several of these laws targeting non-profits include criminal penalties for small violations, such as Iowa’s new law that could subject people to a year in jail for collecting and submitting legal and valid voter registration forms.

Read more at Bolder Advocacy. As is typical in my professional writing life, things happen after I finish a draft. Today DOJ announced it filed a complaint against the egregiously awful Georgia law, arguing it violates Section 2 of the Voting Rights Act. Rick Hassen, as per usual, has great initial thoughts on this and how it might be intertwined with the soon-to-come Brnovich ruling dropping any day now.

The Pedalshift Project 247: Brompton Touring Hacks Revisited

The Brompton is an amazing bike and people are constantly coming up with new hacks that will benefit touring. On this episode, I cover five new things I’ve been seeing. PLUS… Mysterious James and me reunite!


The Pedalshift Project 247: Brompton Touring Hacks Revisited

Hey it’s the direct download link for  The Pedalshift Project 247: Brompton Touring Hacks Revisited (mp3).

Subscribe/Follow The Pedalshift Project:
RSSiTunes – Overcast – Android – Google Podcasts – StitcherTuneIn – IHeartRadio – Spotify

Reach out to the show via email, Twitter and Instagram. Don’t forget to join the newsletter too.

Have some bike touring or overnight stories to share? Send your pics, audio or a quick tweet – all welcome. Email the show at pedalshift@pedalshift.net or call the lightly-used Pedalshift voicemail line at (202) 930-1109

Brompton Touring Revisited: Hacks and More

 
Omniwheels
 
 
 
 
3D Printing: Game Changer
 
Luggage mount on toptube!
 
Springs that stop your clamps from spinning
 
Schlumpf High Speed Drive
 
Similar to my ATS… tap the button with your heel and you just doubled (ish) your gear range. Been using it a lot on this trip with the variability of flats vs. hiiiiiilllllllls
 
Warning: some Brompton folks are really weird about the weight of these. Yes, they’re heavier but maybe a couple hundred grams? Seriously, if you’re touring you know that’s nothing but I wanted to acknowledge the “controversy”
 
Quick release pedals
 
There are a bunch of these but FOTS and Sprocket co-host Aaron Flores made me pedal-envious when he detached his.
 
Front rack over luggage block?
 
 
 

Mysterious James!

 
Mysterious James!
 
 

This summer on Pedalshift

 
Brock Dittus returns in next week’s Best Of, and look for a future brand new episode soon!
A new and very fun interview with Sylva Florence
A SUMMER TOUR ANNOUNCEMENT for episode 250!
And much, much more.
 

As always we like to close out the show with a special shoutout to the Pedalshift Society! Because of support from listeners like you, Pedalshift is a weekly bicycle touring podcast with a global community, expanding into live shows and covering new tours like this summer’s upcoming bike tour! If you like what you hear, you can support the show for 5 bucks, 2 bucks or even a buck a month. And there’s one-shot and annual options if you’re not into the small monthly thing. Check it all out at pedalshift.net/society.

Kimberly Wilson
Caleb Jenkinson
Cameron Lien
Andrew MacGregor
Michael Hart
Keith Nagel
Brock Dittus
Thomas Skadow
Marco Lo
Terrance Manson
Harry Telgadas
Chris Barron
Mark Van Raam
Brad Hipwell
Mr. T
Nathan Poulton
Stephen Dickerson
Vince LoGreco
Cody Floerchinger
Tom Benenati
Greg Braithwaite
Sandy Pizzio
Jeff Muster
Seth Pollack
Joseph Quinn
Drue Porter
Byron Paterson
Joachim Raber
Ray Jackson
Jeff Frey
Kenny Mikey
Lisa Hart
John Denkler
Steve Hankel
Miguel Quinones
Alejandro Avilés-Reyes
Keith Spangler
Greg Towner
Dan Gebhart, RIP
Jody Dzuranin
Lucas Barwick
Michael Baker
Brian Bechtol
Reinhart Bigl
Greg Middlemis
Connie Moore
William Gothmann
Brian Benton
Joan Churchill
Mike Bender
Rick Weinberg
Billy Crafton
Gary Matushak
Greg L’Etoile-Lopes
James Sloan
Jonathan Dillard
John Funk
Tom Bilcze
Ronald Piroli
Dave Roll
Brian Hafner
Misha LeBlanc
Ari Messinger
David Gratke
Todd Groesbeck
Wally Estrella
Sue Reinert
John Leko
Stephen Granata
Phillip Mueller
Robert Lackey
Dominic Carol
Jacqi McCulloch
John Hickman
Carl Presseault
David Neves
Patty Louise
Terry Fitzgerald
Peter Steinmetz
Timothy Fitzpatrick
Michael Liszewski
Hank O’Donnell
David Zanoni
David Weil
Matthew Sponseller
Chad Reno
Spartan Dale
Carolyn Ferguson
Peggy Littlefield
Lauren Allansmith

Music

You’ve been hearing about Jason Kent and his music for many fine episodes. Sunfields has a new album available NOW, AND Jason has a new solo album coming this year, AND his first solo album is now streaming on Spotify, including America, the Pedalshift theme. Go listen!

The post The Pedalshift Project 247: Brompton Touring Hacks Revisited appeared first on Pedalshift.

Advocacy Grants

 

On this episode of Rules of the Game, we’re going to talk about money. Because at this point you already know that 501(c)(3) public charities and 501(c)(4) social welfare organizations are allowed to lobby and pursue robust advocacy agendas, but how can they secure funding to make their short and long-term advocacy goals a reality? Stick with us for the next few minutes, and we’ll have the answers you are looking for. 

 

Our hosts for this episode: 

Natalie Ossenfort  

Jen Powis 

 

MISCONCEPTION #1: Foundations are not allowed to fund lobbying – REALITY: Both public and private foundations can fund grantees that lobby 

  • COMMUNITY FOUNDATIONS 
  • Just another type of public charity 
  • Allowed to engage in lobbying and directly fund grantee lobbying activities 
  • Lobbying grants will count against lobbying limit of foundation and public charity grantee 
  • PRIVATE FOUNDATIONS 
  • Rules for private foundations are a bit more restrictive than those for public charities / community foundations 
  • Not allowed to engage in lobbying and effectively prohibited from earmarking grants for lobbying purposes (if they do these activities, the foundation and managers are subject to a prohibitive excise tax) 
  • This does not mean that private foundations can’t fund grantees that lobby: 
  • General support grants are not earmarked for any particular purpose, so a grantee could choose to use those funds for lobbying without exposing their private foundation funder to an excise tax  
  • Specific project grants are another option. So long as the grantee’s project budget clearly delineates between lobbying and non-lobbying expenses, the private foundation can fund up to the non-lobbying portion of the grant request without earmarking funds for lobbying / exposing itself to an excise tax.  
  • Grantees can go to multiple PF’s, each can give up to the non-lobbying portion of the grant request. 
  • GENERAL 
  • Both private and public foundations must prohibit their funds from being used for partisan political purposes / support or opposition of candidates 
  • Grantees should carefully check the language of their grant agreements to see if lobbying is prohibited. Language that says that the funds are “not earmarked for lobbying” is not the same as language that says that lobbying is prohibited. 
  • EXAMPLES that sound restrictive, but actually permit lobbying:  
  • “Lobbying and Non-Permitted Uses: This grant is not in any way earmarked to support or carry on any lobbying or voter registration activity. Grantee warrants that none of these funds will be used to influence legislation unless permitted by law.” 
  • “This grant is not earmarked for influencing legislation within the meaning of IRC Section 4945(e), and the foundation and Grantee have made no agreement, oral or written, to that effect.” 

 

MISCONCEPTION #2: Foundations can’t fund public charity voter registration drives 

  • Both private and public foundations can fund the NONPARTISAN voter registration activities of public charities, but the rules for private foundations can be a bit complicated… 
  • VR Drive must be nonpartisan, over multiple election cycles, in five or more states and cannot be subject to conditions requiring use of the funding in a specific state or election cycle. 
  • There are also requirements related to the grantee’s finances (e.g. at least 85% of organization’s income must be spent on activities relating to the purposes for which it was organized) 
  • Public charities can receive an advanced ruling from IRS certifying their ability to receive private foundation voter registration grants (confirms that organization meets the requirements of sec. 4945(f) of tax code) 

 

MISCONCEPTION #3: Foundations are not allowed to fund 501(c)(4)s. REALITY: Both private and public foundations can fund 501(c)(4)s…. if they know the rules 

  • COMMUNITY FOUNDATIONS 
  • Can fund any work conducted by 501(c)(4) that the community foundation itself would be allowed to engage in (e.g. lobbying, but NOT partisan political activity) 
  • IRS presumes that grant to 501(c)(4) is for lobbying  
  • needs to count against public foundation’s grassroots lobbying limit (unless grant was expressly made for direct lobbying purposes and foundation can show that funds were spent on direct lobbying) 
  • Grant will not be counted as a lobbying expense if it is a controlled grant expressly given for non-lobbying purposes (prohibits lobbying with grant funds) 
  • PRIVATE FOUNDATIONS 
  • Must use “expenditure responsibility” when making grants to organizations that are not 501(c)(3)s 
  • Must conduct a pre-grant inquiry and execute a written grant agreement. The foundation must ensure that funds are spent only for the purposes expressly agreed upon. 
  • Must obtain detailed reports from grantee about how funds are spent 
  • Must provide complete report of expenditures to IRS on annual 990-PF 
  • Must prohibit partisan political activities AND lobbying. Because of this, it’s often easier for 501(c)(4)s to raise lobbying funds from individuals and community foundations. 

 

 

Resources 

Foundation Advocacy Grants: What Grantees Need to Know 

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

The Pedalshift Project 246: Exploring the Avenue of the Giants by Brompton

Hey, I’m on the road! And I got the great privilege to explore the Avenue of the Giants in Northern California’s redwood country by Brompton. Listen as I take you along for the ride!


The Pedalshift Project 246: Exploring the Avenue of the Giants by Brompton

Hey it’s the direct download link for  The Pedalshift Project 246: Exploring the Avenue of the Giants by Brompton (mp3).

Subscribe/Follow The Pedalshift Project:
RSSiTunes – Overcast – Android – Google Podcasts – StitcherTuneIn – IHeartRadio – Spotify

Reach out to the show via email, Twitter and Instagram. Don’t forget to join the newsletter too.

Have some bike touring or overnight stories to share? Send your pics, audio or a quick tweet – all welcome. Email the show at pedalshift@pedalshift.net or call the lightly-used Pedalshift voicemail line at (202) 930-1109

Exploring the Avenue of the Giants by Brompton
















As always we like to close out the show with a special shoutout to the Pedalshift Society! Because of support from listeners like you, Pedalshift is a weekly bicycle touring podcast with a global community, expanding into live shows and covering new tours like this summer’s upcoming bike tour! If you like what you hear, you can support the show for 5 bucks, 2 bucks or even a buck a month. And there’s one-shot and annual options if you’re not into the small monthly thing. Check it all out at pedalshift.net/society.

Kimberly Wilson
Caleb Jenkinson
Cameron Lien
Andrew MacGregor
Michael Hart
Keith Nagel
Brock Dittus
Thomas Skadow
Marco Lo
Terrance Manson
Harry Telgadas
Chris Barron
Mark Van Raam
Brad Hipwell
Mr. T
Nathan Poulton
Stephen Dickerson
Vince LoGreco
Cody Floerchinger
Tom Benenati
Greg Braithwaite
Sandy Pizzio
Jeff Muster
Seth Pollack
Joseph Quinn
Drue Porter
Byron Paterson
Joachim Raber
Ray Jackson
Jeff Frey
Kenny Mikey
Lisa Hart
John Denkler
Steve Hankel
Miguel Quinones
Alejandro Avilés-Reyes
Keith Spangler
Greg Towner
Dan Gebhart, RIP
Jody Dzuranin
Lucas Barwick
Michael Baker
Brian Bechtol
Reinhart Bigl
Greg Middlemis
Connie Moore
William Gothmann
Brian Benton
Joan Churchill
Mike Bender
Rick Weinberg
Billy Crafton
Gary Matushak
Greg L’Etoile-Lopes
James Sloan
Jonathan Dillard
John Funk
Tom Bilcze
Ronald Piroli
Dave Roll
Brian Hafner
Misha LeBlanc
Ari Messinger
David Gratke
Todd Groesbeck
Wally Estrella
Sue Reinert
John Leko
Stephen Granata
Phillip Mueller
Robert Lackey
Dominic Carol
Jacqi McCulloch
John Hickman
Carl Presseault
David Neves
Patty Louise
Terry Fitzgerald
Peter Steinmetz
Timothy Fitzpatrick
Michael Liszewski
Hank O’Donnell
David Zanoni
David Weil
Matthew Sponseller
Chad Reno
Spartan Dale
Carolyn Ferguson
Peggy Littlefield
Lauren Allansmith

Music

You’ve been hearing about Jason Kent and his music for many fine episodes. Sunfields has a new album available NOW, AND Jason has a new solo album coming this year, AND his first solo album is now streaming on Spotify, including America, the Pedalshift theme. Go listen!

The post The Pedalshift Project 246: Exploring the Avenue of the Giants by Brompton appeared first on Pedalshift.

LGBTQ Equality

   

On this episode, we celebrate Pride month with a discussion about the fight for equality at the ballot, in legislatures and the courts. From Stonewall to Obergefell and beyond, nonprofits have stood center stage as key advocates. 

 

The pod team for this episode 

Zack Ford 

Tim Mooney 

Natalie Ossenfort 

 

Milestones 

  • 1961: Illinois becomes first state to decriminalize homosexuality 
  • 1969: Raid of Stonewall Inn (NYC) 
  • 1973: Lambda Legal becomes the first legal organization created specifically to fight for gay rights, and Maryland becomes first state to legislatively ban same-sex marriage 
  • 1978: Inspired by Harvey Milk, Gilbert Baker designs the first rainbow flag as a symbol of pride 
  • 1996: Defense of Marriage Act (DOMA) signed into law by President Clinton, banning federal recognition of same-sex marriage 
  • 1998: Murder of Matthew Shepard in Laramie, Wyoming makes national news. His killers are later sentenced to life in prison 
  • 2009: President Obama signs into law the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act 
  • 2011: Repeal of Don’t Ask, Don’t Tell 
  • 2013: U.S. Supreme Court in United States v. Windsor strikes down part of DOMA, paving the way for legally-married, same-sex couples to receive federal benefits 
  • 2015: U.S. Supreme Court in Obergefell v. Hodges holds that 14th Amendment requires states to recognize same-sex marriages 
  • 2021: President Biden issues executive order repealing former administration’s ban on transgender Americans joining the military 

 

Nonprofit advocates and their work 

 

Recent Developments / Coming Soon… 

  • During the 87th Legislative session, nonprofit advocates in TEXAS successfully defeated SB 29, which would have banned transgender student athletes from competing on sports teams based on their gender identity. Local nonprofits like the Texas Freedom Network and Equality Texas led the charge in advocating against the bill alongside several other incredible nonprofits. While it’s possible the bill may be revived during a later legislative session, there is much to celebrate for now. 
  • ARKANSAS recently passed a new law (one of the first of its kind in the nation) that bans gender-affirming healthcare for transgender youth. The ACLU recently filed a lawsuit on behalf of four families and two doctors, who argue that the law is unconstitutional and that it should be struck down so that all children have access to medically necessary care. 
  • Any day now, the United States SUPREME COURT is expected to release a decision in the case of Fulton v. City of Philadelphia, which will decide the constitutionality of a Philadelphia ordinance that bars discrimination based on sexual orientation. A legal challenge against the ordinance was brought by a Catholic foster agency that lost its contract with the city as a result of the nondiscrimination policy. The agency says that the policy violates its First Amendment rights to freedom of religion and speech. 

 

Resources 

The Pedalshift Project 245: Caleb and Marilyn Living by Bike

A chat with Caleb Werntz, a filmmaker who has overcome homelessness by learning to live on a bicycle for eight years of epic tours alongside a calico cat named Marilyn. We talk challenges, COVID and Marilyn’s origin story.


The Pedalshift Project 245: Caleb and Marilyn Living by Bike

Hey it’s the direct download link for  The Pedalshift Project 245: Caleb and Marilyn Living by Bike (mp3).

Subscribe/Follow The Pedalshift Project:
RSSiTunes – Overcast – Android – Google Podcasts – StitcherTuneIn – IHeartRadio – Spotify

Reach out to the show via email, Twitter and Instagram. Don’t forget to join the newsletter too.

Have some bike touring or overnight stories to share? Send your pics, audio or a quick tweet – all welcome. Email the show at pedalshift@pedalshift.net or call the lightly-used Pedalshift voicemail line at (202) 930-1109

The Interview: Caleb and Marilyn Living by Bike

Caleb Werntz is a filmmaker who has overcome homelessness by learning to live on a bicycle. He’s joined on his epic tours by a calico cat named Marilyn, who have collectively ridden over 6,000 miles in the last eight years.
 
They are preparing for another major tour this summer where Marilyn will take the captain’s chair and Caleb will create video and book content to inspire others to pursue their dreams.
 
The Pedalshift Project 245: Caleb and Marilyn Living by Bike
 
What’s your earliest memories being on a bike?
 
How did you get started with long distance travel by bike?
 
How did you and Marilyn end up together?
 
How do you secure her on the bike when you’re rolling?
 
Last time I ran into a guy traveling with a cat by bike, he let the cat roam pretty freely in camp… same for you?
 
What’s the reaction like on the road? Anyone negative about it? How do you handle that?
 
What was the biggest challenge for you traveling during COVID? What are you looking forward to most as we round the corner out of it?
 
What’s next for you?

As always we like to close out the show with a special shoutout to the Pedalshift Society! Because of support from listeners like you, Pedalshift is a weekly bicycle touring podcast with a global community, expanding into live shows and covering new tours like this spring’s DC to Cincinnatti bike tour! If you like what you hear, you can support the show for 5 bucks, 2 bucks or even a buck a month. And there’s one-shot and annual options if you’re not into the small monthly thing. Check it all out at pedalshift.net/society.

Kimberly Wilson
Caleb Jenkinson
Cameron Lien
Andrew MacGregor
Michael Hart
Keith Nagel
Brock Dittus
Thomas Skadow
Marco Lo
Terrance Manson
Harry Telgadas
Chris Barron
Mark Van Raam
Brad Hipwell
Mr. T
Nathan Poulton
Stephen Dickerson
Vince LoGreco
Cody Floerchinger
Tom Benenati
Greg Braithwaite
Sandy Pizzio
Jeff Muster
Seth Pollack
Joseph Quinn
Drue Porter
Byron Paterson
Joachim Raber
Ray Jackson
Jeff Frey
Kenny Mikey
Lisa Hart
John Denkler
Steve Hankel
Miguel Quinones
Alejandro Avilés-Reyes
Keith Spangler
Greg Towner
Dan Gebhart, RIP
Jody Dzuranin
Lucas Barwick
Michael Baker
Brian Bechtol
Reinhart Bigl
Greg Middlemis
Connie Moore
William Gothmann
Brian Benton
Joan Churchill
Mike Bender
Rick Weinberg
Billy Crafton
Gary Matushak
Greg L’Etoile-Lopes
James Sloan
Jonathan Dillard
John Funk
Tom Bilcze
Ronald Piroli
Dave Roll
Brian Hafner
Misha LeBlanc
Ari Messinger
David Gratke
Todd Groesbeck
Wally Estrella
Sue Reinert
John Leko
Stephen Granata
Phillip Mueller
Robert Lackey
Dominic Carol
Jacqi McCulloch
John Hickman
Carl Presseault
David Neves
Patty Louise
Terry Fitzgerald
Peter Steinmetz
Timothy Fitzpatrick
Michael Liszewski
Hank O’Donnell
David Zanoni
David Weil
Matthew Sponseller
Chad Reno
Spartan Dale
Carolyn Ferguson
Peggy Littlefield

Music

You’ve been hearing about Jason Kent and his music for many fine episodes. Sunfields has a new album available NOW, AND Jason has a new solo album coming this year, AND his first solo album is now streaming on Spotify, including America, the Pedalshift theme. Go listen!

The post The Pedalshift Project 245: Caleb and Marilyn Living by Bike appeared first on Pedalshift.

Ballot Measures

On this episode, we cover a very specific type of lobbying that doesn’t necessarily seem like lobbying in the first place. Ballot measures can range from local bonds to state constitutional amendments, and everything in between. What can nonprofits do to support or oppose them, and how do they comply with state and federal law?  

 

Our attorneys for this episode 

  • Tim Mooney 
  • Natalie Ossenfort 
  • Quyen Tu 

 

What are Ballot Measures? 

  • Called different things in different states and localities 
    • Bond 
    • Constitutional Amendments 
    • Referenda 
    • Ballot questions / initiatives  
    • Propositions 
    • Any policy matter put to a vote of the general public 
  •  
  • There are no federal ballot measures, but federal law has one major thing to say about measures for 501(c)(3)s 
  • State and sometimes local laws cover campaign finance and reporting requirements 

 

Can nonprofits take a stance? 

  • No. End of episode. (just kidding!) 
  • Most can. All 501(c)s that aren’t charities or foundations can (generally) do an unlimited amount of ballot measure advocacy, but must follow state and local laws for reporting their work 
  • Public charities can take a stance, but ballot measures are lobbying (which is why this episode is in the lobbying series!). From there, they also have to follow state and local laws for reporting their work 
  • Private foundations cannot take a stance on ballot measures (again…lobbying) without being hit with a big excise tax 

 

Wait, lobbying? Tell me more. 

  • Boil it down? Voters are a giant legislative body 
  • Direct lobbying, not grassroots – and that’s good because charities can do more direct lobbying 
  • Doesn’t violate the prohibition on electioneering to support or oppose measures because they are not related to candidates 
  • Be careful to make sure your org’s advocacy isn’t seen as/tied to a candidate’s position on the ballot measures 
  • Clock starts ticking when petitions go out to qualify for the ballot or (probably) when you’re lobbying legislative bodies when they are determining whether to refer an item to the voters 
  • Count all prep work, staff time, communications costs, etc. 
  • You non-c3s? Tax law doesn’t restrict lobbying, and this counts toward primary purpose activity… so load up on your GOTV and voter reg work on ballot measures and (strategy time!) it can offset candidate work you do. 

 

State laws… 

Every state is different, starting with the fact some states don’t have ballot measures at all. Even states without statewide ballot measures like NY have local bond measures though. 

Any state or locality with ballot measures has some kind of registration and reporting laws 

We have state law resources for your state! Examples: 

Texas 

Corporations (including nonprofits) can support or oppose ballot measures in Texas. 

  • Texas Election Code defines a political committee as two or more persons acting in concert with a principal purpose of accepting political contributions or making political expenditures. Since the definition of “persons” includes nonprofit corporations and expenditures and contributions include those made in connection with a measure, it is possible for nonprofits to trigger PAC registration and reporting in Texas even if they don’t do any candidate-related work. 
  • TRANSLATION: if a group of nonprofits comes together to raise funds for the support or opposition of a measure, they may need to register and report as a PAC. 
  • It is also possible that if a nonprofit acts on its own to impact a ballot measure, it could trigger direct campaign expenditure (aka independent expenditure) reporting even if it doesn’t coordinate its work with other organizations or individuals. DCE reporting, as it’s sometimes referred to, kicks in when more than $100 is spent to support or oppose a measure. 
  • Of course, there are other scenarios as well that might not require state-level reporting in the ballot measure context in Texas (e.g. nonprofit contributions to a ballot measure only PAC), so feel free to reach out to our TX team if you have any questions about when and what you have to report when you engage in ballot measure advocacy. 

Oregon 

  • Trivia: Oregon is one of the first states to adopt ballot measures… started them in 1902 (just behind SD and UT) 
  • Five forms: state statutes (legislature or citizen referred), constitutional amendments (legislature or citizen referred), and veto referenda. 
  • If your nonprofit’s purpose is to support/oppose a ballot measures you have to register as a political committee 
  • No contribution limits (those are unconstitutional per SCOTUS)  
  • Real time online reporting (ORESTAR!!!!) 
  • 3 reporting periods 
  • Contributions over $100 – the name/address of the donor disclosed 

California 

  • These rules are about transparency and tracking money in CA elections. 
  • Most important: if you engage in certain fundraising activities or spending, you could become a ballot measure committee and not even know it. That means your nonprofit would have filing and reporting obligations. 
  • There just isn’t enough time to do justice to the CA BM rules on this show so if you’re interested in a whole show, please shoot us an email 
  • Ballot measures are treated as campaign activity 
  • Rules are designed so that when people or organizations accept or spend money for ballot measures, it gets reported by someone. 
  • When there is advocacy for a ballot measure, there will be a main ballot measure committee. Must report contributions of $100+, whether financial or in-kind, and expenditures. This usually works best as a separate entity from a 501(c)(3). 
  • Even if you are not the main ballot measure committee, there are ways NPs could trigger reporting with the FPPC 
  • receiving or spending money on ballot measure advocacy 
  • receive $2k+ in calendar year earmarked for ballot measures, you become a recipient committee. Recipient committees have to report their donors. 
  • Another way to become a recipient committee is to spend at least $50k in non-earmarked donated funds. At these higher levels of spending it gets more detailed so please check out our resources.  
  • Major Donor Committee: give $10k+ in calendar year to a recipient committee (staff time counts) but does not receive $ earmarked for ballot measures 
  • Independent Expenditure Committee: spends $1k+ in a calendar year on communications that expressly advocates for/against ballot measures and not made in coordination with a ballot measure committee 
  • Non reportable activities: 
  • 10% or less of staff time 
  • Paid staff time counts as an expenditure, or if it’s coordinated with a ballot measure committee, a contribution. If you have staff spending more than 10% of their time in any calendar month on ballot measures, you need to consider that expenditure towards these thresholds. 
  • Newsletter 
  • Member communications 
  • Contracted services to the ballot measure committee 
  • Certain limited fundraising expenses 
  • Raising money for the ballot measure committee where the contributions go directly to the ballot measure committee (funds do not pass through the org)  
  • You can ask people to donate to the main ballot measure committee and only your fundraising costs would count as a contribution toward these thresholds, some fundraising costs are even exempt from reporting. 

Final thoughts? 

  • Often critically important advocacy 
  • Private foundations! You can and should support this work, even though you cannot directly advocate or fund it. How? 
    • general support grants 
    • specific project grants for non-lobbying portions of the work 
    • educate the public about the ballot measure process 
    • communications that qualify as nonpartisan analysis 
    • communications that are neutral urging voters to study the issue 

 

Resources 

 

The Pedalshift Project 244: Preventing Theft on Your Bike Tour

Avoid catastrophe and think about preventing theft before your next bike tour. On this episode some thoughts and tips on keeping your bike and gear safe.


Pedalshift Project 244: preventing Theft on Your Bike Tour

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Preventing Theft on Your Bike Tour

Hat tip to listener Dimitri for the show idea… email me with episode ideas… 
Check out my prior episode on locks (Pedalshift 066)
This is also on my mind as I get ready to roll on the microcamper adventure. Look for a full review of how that works out in early July.
 

Things to think about

Bike theft 
– in camp
– at a hotel or other roofed public accommodation
– from your vehicle
 
Gear theft
– in camp
– at stops when it’s unattended
 

Bike theft – all about locks

I tend not to tour in spots that have high security needs, so the locks I use in DC don’t tend to come with me. Still, I like to have the peace of mind to lock up outside grocery stores and other spots when I’m leaving my bike outside.
 
Some people are good with just cable locks on tour… I used to be ok with them, but I think they’re SO easily defeatable with simple tools that I prefer something more secure.
 
No lock is foolproof… all can be defeated. The trick is to find the right risk management.
 
New folding lock styles are interesting. I used to like my Inbike folding lock as a touring lock option. Only downside is TSA sees it as a multitool every time so you should pull it out of your carry on separately or risk the (often lengthy) wait. I found it to be a little difficult to use at times and don’t reach for this often anymore.
 
Back in ep 066 I spoke about testing the cinch Ottolock. I think this is a good upgrade from a cable lock, but no substitue for a good U lock. On tour though, I think it’s a great compromise considering I’m rarely away from my bike long.
 
Speaking of… know where you’re going to be! San Francisco and Portland are notorious for bike theft so I bring a u-lock and frankly double lock. Or bring the Brompton and bring it inside.
 
In camp – I do lock habitually, but it’s probably not always necessary.
In roofed lodging – first choice always is to bring it in the room. If the hotel doesn’t let you or it’s impossible, ask for secure storage (inside if possible). And lock the thing tight as a drum.
What about on or in a vehicle? Huge target if you are going to be away from the vehicle and something I’m extra aware of with this trip. Thule makes a leash that has a hockey puck on one end that you can loop around your rack or your bike and close the puck end inside the trunk. Certainly defeatable but not quickly since it has two steel strands in it. 
 
I won’t be leaving my Brompton unattended ever, but for overnights when we’re in the vehicle with the privacy shades up I’m locking it to itself folded, leashing it to the trunk AND covering it with a tarp. If I sleep through that, they deserve the bike. This is not a challenge.

Gear theft

Only thing I ever got stolen was frankly my own fault… I left a battery charging unattended at Sunset Bay SP in Oregon and it walked. 
Not saying you can’t do that (it’s usually safe because lots of people charge stuff in bathrooms) but sooner or later someone’s going to walk with your power bank
Beyond that… I’ve grown comfortable with leaving my loaded bike locked but the bags hanging on it at grocery stores, cafes, etc.
Don’t underestimate the degree to which people think they’re being watched
I carry all important things on me always (wallet, phone, usually computer if I have it… which is way less often these days)
Cable lock for bags? Sure. I don’t but it’s not an awful idea.
Again, know your location
Camp? Hotels?
I always bring gear in with me. All of it. 
Always needed? No.

As always we like to close out the show with a special shoutout to the Pedalshift Society! Because of support from listeners like you, Pedalshift is a weekly bicycle touring podcast with a global community, expanding into live shows and covering new tours like this spring’s DC to Cincinnatti bike tour! If you like what you hear, you can support the show for 5 bucks, 2 bucks or even a buck a month. And there’s one-shot and annual options if you’re not into the small monthly thing. Check it all out at pedalshift.net/society.

Kimberly Wilson
Caleb Jenkinson
Cameron Lien
Andrew MacGregor
Michael Hart
Keith Nagel
Brock Dittus
Thomas Skadow
Marco Lo
Terrance Manson
Harry Telgadas
Chris Barron
Mark Van Raam
Brad Hipwell
Mr. T
Nathan Poulton
Stephen Dickerson
Vince LoGreco
Cody Floerchinger
Tom Benenati
Greg Braithwaite
Sandy Pizzio
Jeff Muster
Seth Pollack
Joseph Quinn
Drue Porter
Byron Paterson
Joachim Raber
Ray Jackson
Jeff Frey
Kenny Mikey
Lisa Hart
John Denkler
Steve Hankel
Miguel Quinones
Alejandro Avilés-Reyes
Keith Spangler
Greg Towner
Dan Gebhart, RIP
Jody Dzuranin
Lucas Barwick
Michael Baker
Brian Bechtol
Reinhart Bigl
Greg Middlemis
Connie Moore
William Gothmann
Brian Benton
Joan Churchill
Mike Bender
Rick Weinberg
Billy Crafton
Gary Matushak
Greg L’Etoile-Lopes
James Sloan
Jonathan Dillard
John Funk
Tom Bilcze
Ronald Piroli
Dave Roll
Brian Hafner
Misha LeBlanc
Ari Messinger
David Gratke
Todd Groesbeck
Wally Estrella
Sue Reinert
John Leko
Stephen Granata
Phillip Mueller
Robert Lackey
Dominic Carol
Jacqi McCulloch
John Hickman
Carl Presseault
David Neves
Patty Louise
Terry Fitzgerald
Peter Steinmetz
Timothy Fitzpatrick
Michael Liszewski
Hank O’Donnell
David Zanoni
David Weil
Matthew Sponseller
Chad Reno
Spartan Dale
Carolyn Ferguson
Peggy Littlefield

Music

You’ve been hearing about Jason Kent and his music for many fine episodes. Sunfields has a new album available NOW, AND Jason has a new solo album coming this year, AND his first solo album is now streaming on Spotify, including America, the Pedalshift theme. Go listen!

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