BEING NONPARTISAN: Guidelines for 501c3 Organizations Presented by All attendees will receive a copy of this PowerPoint presentation and a link to the recorded webinar

Founded in 2005, Nonprofit VOTE partners with America's nonprofits to help the people they serve participate and vote. We are a leading source of nonpartisan training, materials and other resources for nonprofits doing voter engagement work. Find out more about our mission and partners on our site ABOUT US About

TODAY’S PRESENTER Who George Pillsbury Senior Consultant Nonprofit VOTE

Our voices are not being heard Voter engagement and advocacy work go together Nonprofits have unique access and assets When we do this work, we are extremely effective! WHY VOTING MATTERS Why This Matters

AGENDA  Prohibition on Partisan Political Activity  Nonpartisan Voter Registration  Engaging Candidates  Ballot Measures  Issue Advocacy  Staff Activities and Social Media Agenda

The one sentence prohibition “A 501(c)(3) nonprofit organization may not support or oppose a candidate for public office” amendment to US Tax Code BEING NONPARTISAN -ONE RULE History

A 501(c)(3) nonprofit organization may not - Endorse candidates Donate money or resources to candidates Rate or rank candidates on their positions compared to yours NO PARTISAN POLITICAL ACTIVITES Being Nonpartisan

Comparing candidates It’s ok to compare candidates in questionnaires and voter guides. Keep your opinion out of it. Criticizing candidates Avoid making statements about candidates. You may correct a factual misstatement related to your issue. RANKING CANDIDATES – Two examples Being Nonpartisan

LEGISLATIVE SCORECARDS Released February 19, 2016

WHAT NONPROFITS CAN DO The IRS makes it clear 501(c)(3) nonprofits may conduct a wide range of voter engagement activities on a nonpartisan basis including – Register Voters Engage Candidates Conduct voter and civic education Encourage people to vote Being Nonpartisan

1. VOTER REGISTRATION

Promote voter registration –Announce deadlines. –Provide information on where and when to register to vote. Conduct voter registration –Table in your lobby or events. –Register staff and volunteers. –Do a voter registration drive. COMMON NONPARTISAN ACTIVITIES Voter Registration

No endorsements: May not suggest which party to join. May say what it means to register “unaffiliated” Know your state’s rules: VOTER REGISTRATION GUIDELINES Voter Registration

2. ENGAGING CANDIDATES

At your events Sponsor candidate forums Do a candidate questionnaire Share your policy ideas WAYS TO ENGAGE CANDIDATES Engaging Candidates

At an event Invite all the candidates running for the same office Treat candidates as guests – no campaign materials allowed Remind audience it’s a nonpartisan event and thank candidates for attending Engaging Candidates CANDIDATES APPEARANCES Elected officials may be invited to speak in a non-candidate capacity.

Question: Can a candidate who is invited to an event make a short statement about their candidacy from the podium? Answer: No. CANDIDATE APPEARANCES (POLL) Engaging Candidates

Cover a range of issues or topics within your own issue area Provide equal time for the candidates Ask all candidates* to attend *viable Have at least 2 candidates to be a “forum” CANDIDATE FORUMS Engaging Candidates

A range of issues Not just yes or no Send to all the candidates If a candidate doesn’t respond - may list “no response” or use official statements from the candidate’s website CANDIDATE QUESTIONNAIRES Q: What make it partisan? A: If you indicate a correct answer Q: What make it partisan? A: If you indicate a correct answer Engaging Candidates

3. BALLOT MEASURES

Ballot measures are about laws or constitutional amendments Activity on ballot measures is lobbying. It’s influencing the passage or defeat of a law– not the election or defeat of a candidate 501c3 nonprofits may work for or against a ballot measure as a lobbying activity BALLOT MEASURES Ballot Measures

4. VOTER EDUCATION AND GET OUT THE VOTE

How, where and when to vote –Early Voting –Voter ID Needed –Using a voting machine Voter Education VOTER ED – THE PROCESS OF VOTING

VOTER ED – SAMPLE BALLOTS, VOTER GUIDES Voter Education Stay Neutral when mentioning the names of candidates

501(c)(3)s may - Provide voter assistance Conduct get-out-the-vote drives Remind staff and constituents to vote GET OUT THE VOTE Get Out The Vote Don’t say who to vote for Don’t wear candidate swag Don’t say who to vote for Don’t wear candidate swag

5. ISSUE ADVOCACY & WHAT STAFF CAN DO

Factors to consider - Increasing advocacy activities during the election season could be partisan History of work on an issue in the past is a key nonpartisan factor ISSUE ADVOCACY Issue Advocacy “501(c)(3) organizations may take positions on public policy issues, including issues that divide candidates in an election for public office.” - (IRS)

WHAT STAFF CAN DO Staff Activities Nonprofit staff may engage in partisan activities, such as supporting a candidate, outside of normal work hours Q: What about social media? Don’t use organizational accounts for partisan purposes - including sharing, retweeting Free to use your personal accounts CEO or senior staff should be more careful

CONGRATULATIONS! YOU GRADUATED! Being Nonpartisan

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