Oct 16, 2024
Election season is well underway and politics is everywhere. It's one of our busiest time at Bolder Advocacy. On this episode, we bring you three of your questions to answer on the pod... it’s another round of Ask Us Anything, Electionpalooza Edition!
Lawyers for this episode
Tim Mooney
Susan Finkle Sourlis
Monika Graham
Shownotes
- Question: Presidential campaigns working
with outside groups on door-to-door canvassing for their
get-out-the-vote efforts— is this illegal coordination under
federal election law?
- Answer:
- Base coordination rules
- Exception to coordination rule: FEC AO 2024-01
states that scripts and canvassing literature are NOT public
communications, and therefore consulting with candidates and
parties is not illegal coordination.
- Both presidential campaigns are doing this, with one
reportedly relying on it more than the other.
- This practice is likely happening in many federal
races (Senate and House).
- Important: This is NOT available for 501(c)(3)s or
for state/local candidates
- Question: Can 501(c)(3) organizations
comment on candidates or political parties in the context of an
election?
- Answer:
- Yes, but tread carefully.
- 501(c)(3) organizations must remain nonpartisan.
- Comments should have an independent, nonpartisan,
non-election-related reason.
- Focus on the issue, not the candidate (e.g.,
correcting factual errors without discussing the candidate's
attributes).
- Before responding, consider:
1. Decide who speaks on behalf of the
organization.
2. Script responses to stay on message and
avoid crossing any lines.
3. Avoid discussing qualifications or
endorsing/opposing candidates.
- Example: Instead of “Voters should reject this
misinformation,” say “Americans won’t stand for misinformation on
public health issues.”
- Criticizing or praising incumbents is less risky,
but avoid implying support or opposition for re-election.
- Question: Can nonprofit staff support
candidates and express their opinion?
- Answer:
- Individuals have the right to participate and voice
their own opinions when acting in their individual capacity.
- 501(c)(3) organizations must remain nonpartisan.
This applies to staff, board members, and volunteers when acting on
behalf of the organization.
- In official organizational events, staff should not
engage in partisan activities (e.g., wearing a pro-candidate
t-shirt).
- In their personal time, employees can:
- Participate in partisan election
activity at home, online, or at rallies.
- Use their own resources (email, social
media) and must act outside work hours.
- Put up lawn signs but not use them as
Zoom backgrounds for organizational calls.
- Canvas for candidates on the weekends
but not encourage others during the workweek.
- Every nonprofit needs a policy outlining the
prohibition of using organizational resources for political
activities.
- Alliance for Justice has an example of such a
policy.
Resources
Trister Ross memo on canvassing and coordination
Election Activities of Individuals Associated With 501(c)(3) Organizations