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Rules of the Game: The Bolder Advocacy Podcast: Daily Summaries Delivered
by Bolder Advocacy
Nonprofits are important advocates on issues critical to every community, but sometimes the rules and regulations of advocacy can be barriers to entry. In Rules of the Game, Bolder Advocacy attorneys at Alliance for Justice use real examples to demystify these laws to help 501(c)(3) and 501(c)(4) nonprofits be bolder advocates, whether holding elected officials accountable, educating candidates, engaging voters, or lobbying for policy change. Entertaining legal education, not legal advice!
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- 5 days ago17 min
Election Coalitions
It's mid-September and we are in the thick of election season. Ballots are going out, early voting is around the corner and many of you are working in coalitions on nonpartisan voter engagement. On this episode, we talk about what election coalitions are, why they're important and best practices for (c)(3)s and (c)(4)s that are in them. Attorneys for this Episode Susan Finkle Sourlis Quyen Tu Tim Mooney Shownotes Coalition Overview • Definition of Coalition: Fully separate organizations with common goals, coming together for a set purpose • Formal and informal coalitions • Examples of coalition work 4 Principles for (c)(3)s 1. Uphill and downhill- your organization can only fund what it can do 2. Tax status stays with the organization, even when it's a part of a coalition 3. Proper documentation is essential 4. Be sure you know what hat you're wearing Considerations for c4s <span style= "font-family: 'Arial',sans-serif; mso-fareast-font-family: Arial;"
- 2 weeks ago12 min
Can We Share That?
Working in coalition is one of the nonprofit sector's greatest strengths and can be especially powerful during election season. With the midterm elections around the corner, now is a good time for organizations to revisit their plans for election-related advocacy, including voter engagement, candidate education, and issue advocacy. A 501(c)(3) can collaborate with a 501(c)(4) and other nonprofits to advance common goals, pool resources, and build momentum. The key is knowing where collaboration ends and organizational boundaries begin, so allocate resources fairly, document cost-sharing agreements, and make sure each organization operates within the rules that apply to it. In this episode, we'll explore best practices for 501(c)(3)s collaborating and sharing resources with organizations operating under different tax rules during election season, including how to keep coalition work effective, compliant, and nonpartisan. Attorneys for this Episode: Maggie Ellinger-Locke Sarah Efthymiou Monika Graham 501(c)(3)s Must Remain Nonpartisan Internal Revenue Code: 501(c)(3) organizations are prohibited from directly or indirectly <span class="NormalTextRun SCXW268231324
- Aug 19, 202614 min
Get Out the Vote
Get Out the Vote (GOTV) efforts are one of the most impactful ways 501(c)(3) public charities can strengthen civic participation and help ensure communities have the tools and information they need to make their voices heard. From voter registration and education to reminders and access assistance, (c)(3) organizations can play an important role in helping people navigate the voting process while remaining nonpartisan. On this episode, we explore best practices for designing effective GOTV efforts, including how nonprofits can engage their communities, train staff and volunteers, and navigate election-related rules. Attorneys for this Episode: Monika Graham Natalie Ossenfort Victor Rivera 501(c)(3)s Must Remain Nonpartisan Internal Revenue Code: 501(c)(3) organizations are prohibited from directly or indirectly participating in partisan political activity (activity on behalf of, or in opposition to, any candidate for public office). Keeping GOTV Efforts 501(c)(3) Safe Effective voter outreach for 501(c)(3)s is focused on expanding participation, not influencing who someone votes for. Therefore, (c)(3)s should refrain from using messages that support or oppose candidates, political parties, or groups of candidates. In addition, they should: · Make voter outreach activities available to all eligible voters · Ensure GOTV efforts are not coordinated with candidates or campaigns · Avoid targeting communities because they belong to a particular political party, voted a particular way in the past, or because they vote in a district where the race is likely to be close The IRS uses a facts and circumstances test when determining whether a 501(c)(3) has violated the rules against partisan electioneering. Building a Strong GOTV Effort · Start with your community. Use existing relationships and trusted communication channels to reach the people your organization serves. Connect with voters through tools and spaces they already use, such as text messages, social media, email newsletters, community events, and local partners. · Plan ahead. Start by understanding your community's needs. Then, establish goals and timelines, create written policies and training materials, and train staff and volunteers on nonpartisan rules, including the difference between organizational activities and personal political activity. · Build partnerships. Collaborate with community organizations, libraries, schools, faith-based organizations, and other trusted institutions to expand outreach and maximize impact. Just remember that if you are partnering with any organizations or entities that are not 501(c)(3)s, all of your collective work needs to remain nonpartisan. · Track and evaluate your efforts. Document outreach activities and program decisions, assess what worked, and incorporate lessons learned to strengthen future GOTV efforts. GOTV Activities 501(c)(3) Public Charities Can Conduct 501(c)(3) public charities can support voter participation by: · Registering voters through nonpartisan voter registration drives o NOTE: While this is true for public charities, private foundations have more restrictive rules related to voter registration activities and funding. · Reminding people about upcoming elections and encouraging them to participate <p class="MsoListParagraphCxSpMiddle
- Aug 5, 202624 min
Charitable Solicitation
On today's episode we will cover Charitable Solicitation Registration! If your nonprofit asks people for donations, you probably need to register with state regulators before you make the ask, and the rules are different in every state. We'll break down what charitable solicitation is, how it differs from your IRS tax-exempt status, what the most common misconceptions are, and what organizations should do to stay compliant with these laws. Today we are thrilled to be joined by our BA Summer Legal intern, Lina Zuluaga. On this Episode Brittany Leonard Tim Mooney Lina Zuluaga (Legal Intern) Shownotes: Opening: Intros (, Brittany, ) 1. - Intro about a. Lina's summer internship experience 2. - Starting with the basics: What is charitable solicitation and why does it exist? a. Charitable solicitation registration is a state law consumer protection requirement i. It is not a federal obligation ii. States require organizations that ask the public for charitable donations to register with a state regulator, usually the Attorney General or Secretary of state, before they begin soliciting b. The purpose is fraud prevention and transparency, not taxation. i. States want to know who is asking their residents for money and how those funds are being used. c. Roughly 40 states, plus D.C. have some form of registration requirement. About 10 states have no general charitable solicitation law. T[LZ1] [BL2] hese states don't have a general pre-registration requirement, though some still impose disclosure or other obligations i. States with no registration requirements include Delaware, Idaho, Indiana, Iowa, Montana, Nebraska, South Dakota, Vermont, Utah and Wyoming. ii. States with limited, or conditional registration requirements include Texas and Arizona. Their requirements are triggered by fundraising activities rather than a charitable solicitation act. d. The key definitions to understand: i. Solicitation: a request for a contribution for a charitable purpose, through any medium. 1. Example: sending mail to citizens of a particular state, asking them to donate to your cause! ii. Contribution: a gift of money or property <p class="MsoListParagraphC
- Jul 22, 202619 min
Forming a 501(c)(4)
This week we are talking about 501(c)(4)s, or social welfare organizations. What are the advantages to starting one? How are they different than 501(c)(3)s and other types of nonprofits? And what are the important considerations when determining if a 501(c)(4) would be a good vehicle to use to conduct the types of activities you are hoping to engage in to achieve your mission? If you are curious about 501(c)(4)s, what they can do, and how they operate... this podcast episode is for you. Attorneys for this Episode Natalie Ossenfort Susan Finkle Sourlis Quyen Tu Shownotes Scenario: · Existing 501(c)(3) has a mission focused on providing potable water to the residents of a community, who are currently unable to tap into a reliable water supply. · The city, county, and state have failed to step up, so the 501(c)(3)'s staff raise funds for bottled water that they deliver to the community. · What the organization's founders thought would be a temporary fix, has now been operational for several years, and the water situation is not improving. · The 501(c)(3)'s founders want to do more to address the needs of the community, and some are considering starting an affiliated 501(c)(4). General Rules & Characteristics for 501(c)(3)s: · 501(c)(3) organizations have a very favorable tax status. · They are tax-exempt, and their donors can take advantage of a tax deduction for their contributions. · 501(c)(3) public charities are limited in the amount of lobbying (or legislative advocacy) they can engage in, and they are prohibited from engaging in partisan political activity. Advantages of 501(c)(4)s · 501(c)(4)s are social welfare organizations. · They are tax-exempt organizations that operate for the common good and general welfare of the community. · Donations to 501(c)(4)s are not tax-deductible for donors, but... · 501(c)(4)s can conduct an unlimited amount of lobbying (or legislative) activity, and they can do some partisan work to support or oppose candidates for public office, but that type of activity must remain a secondary activity of the organization. Scenario: · If the 501(c)(3) founders wanted to advocate more aggressively for legislative changes that could provide a long-term solution to their community's water access problem, they might consider forming a 501(c)(4). · How much political (or partisan) activity could the organization conduct? If a 501(c)(4) decides to engage in any partisan political activity, that must be a secondary purpose of the organization and not the primary purpose. Primary Purpose Activities · Issue advocacy and lobbying o In our scenario, this could include advocacy in front of the local city council or state legislature for reliable access to water. o It could also include ballot measure advocacy. · Nonpartisan voter outreach to get out the vote and mobilize the community · Conduct research and educate legislators on issues · Engage i
- Jul 8, 202612 min
What Nonprofits Need to Know About Nominations
After the Supreme Court wrapped up its latest term, we thought it would be a good idea to revisit the unique opportunities 501(c)(3) public charities have to advocate in favor of or against specific nominations made by the Executive Branch that require confirmation from a legislative body. On this episode, we explore the nomination process for key positions and give you some best practices on how to ensure your organization can effectively (and legally) advocate for specific nominees. Shownotes: · Nomination advocacy often qualifies as lobbying (Internal Revenue Code). o 501(c)(3) public charities are allowed to weigh in on executive branch nominations that are confirmed by a legislative body. o According to the IRS, attempts to influence Senate confirmation of a federal judicial appointment are generally not considered campaign intervention (partisan activity), which is specifically forbidden by section 501(c)(3). However, because attempts to influence Senate confirmation are considered lobbying, they are subject to Internal Revenue Code lobbying limits. § Section 501(c)(3) public charities may engage in lobbying in furtherance of their exempt purposes, but they are limited in how much lobbying they can do. § Default rule: Lobbying may not be a substantial part of 501(c)(3) public charity's activities (3-5%). § Alternate rule: Public charities can make the 501(h) election to take advantage of potentially more generous, dollar-based lobbying limits. o When lobbying, remember to use unrestricted dollars. · Question: Can we establish a relationship with or educate nominees ahead of a confirmation hearing? o Interacting with nominees is generally allowed. They are not treated like candidates since they are not running for office, but instead have been nominated to fill a specific role. · Question: What about identifying potential candidates to fill up an upcoming vacancy? o This is also OK. Organizations may choose to vet potential nominees in advance of a nomination being made to inform the executive branch about their suitability for the role. [GU1] o That said, if you are asking an executive branch official to intervene in a legislative process (e.g. to make the nomination), that initial activity will likely count as lobbying as well[GU2] and need to be tracked against your public charity's lobbying limits. · Question: Does this only apply to judicial nominations? o No. The IRS allows 501(c)(3)s to lobby for or against any nominations to positions that require the "advice and consent" of a legislative body. § Article II, Section 2 of the US Constitution allows for the President to appoint officers to certain positions. These nominees are confirmed if they have the advice and consent of the Senate. This process usually requires legislative hearings by specific committees and ends with a vote
- Jun 24, 202617 min
State of Advocacy: Legislative Update
On today's episode, we are breaking down the 2026 state legislative season and how the landscape affecting nonprofit advocacy is shifting across the country. We are recording this in mid-June, and while most states have wrapped up for the year, not all have, so you are going to want to look at your state to get a sense of what's enacted, what's moving, and what's dead. What we're seeing this year is not just incremental change, but a rapid expansion of state-level regulation over campaign finance, ballot measures, voter access, and increasingly, what we are calling foreign influence laws or national security-style frameworks applied to civil society. Attorneys for this episode Maggie Ellinger-Locke Susan Finkle Sourlis Natalie Ossenfort Shownotes Overview · This year, 46 states plus DC held legislative sessions. · We tracked roughly 1,000 bills that could impact nonprofit advocacy. · Of those bills that have now become law, almost half relate to state campaign finance and / or ballot measure processes. · Perhaps the biggest story of the 2026 legislative session is the expansion of laws that borrow concepts from national security and apply them to nonprofit advocacy. New Campaign Finance Laws · Louisiana increased the threshold triggering disclosure for certain campaign contributions. · West Virginia now not only prevents the public disclosure of certain contributor information, but also created a new criminal penalty for violations of the disclosure prohibition. · Kansas eliminated the requirement for political committees to disclose the names of vendors when reporting disbursements New Ballot Measure Procedures · Ballot measure legislation accounted for 20% of the bills we monitored, about 350 pieces of legislation. Here, we saw 22 laws enacted across 13 states plus DC. · Both Wisconsin and Utah now require signature gatherers to be at least 18 y.o. · New York now requires legislators to draft questions at an 8th grade reading level or below, and Maryland did something similar. · South Dakota eliminated the requirement to place ballot measures on a separate ballot from candidate elections. · In Missouri, voters will decide this August whether to approve a change to that state's ballot measure procedures. Currently, in order to pass, measures need a simple statewide majority, but under Amendment 4, a majority in all eight of the state's congressional districts would be required. New Lobbying and Ethics Laws · This type of legislation constituted about 13% of all bills we tracked. · In Minnesota, certain lobbying communications conveyed to the public must now include a disclaimer to identify the lobbying principal, who is responsible for the communication. Laws Related to Law Enforcement Presence at the Polls and Voting · Legislation was enacted in California, Maryland, New Mexico, and Connecticut to restrict law enforcement presence at the polls. · The new Connecticut law also removed the statutory list of reasons required to vote absentee, effectively allowing no-excuse absentee voting. It also permits 17-year-olds who will be 18 by election day t
- Jun 10, 202622 min
How Philanthropy is Meeting the Moment
This week, we are diving into the world of philanthropy. We are thrilled to be joined by Matthew L. Evans from the United Philanthropy Forum who will help us understand how philanthropy is evolving to meet this moment and what challenges and opportunities we are seeing for funders and philanthropy infrastructure organizations. Guests for this episode Brittany Hacker Leonard Tim Mooney Matthew L. Evans Shownotes Matthew L. Evans is the United Philanthropy Forum's VP of Advocacy and External Relations. Matthew has more than 14 years of public policy, government relations, and external affairs experience. Before joining the Forum, he was Director of Public Policy & Special Projects for the Southeastern Council on Foundations in Atlanta, where he worked to ensure the legislative and regulatory success of the philanthropic sector in the South. He currently serves as the staff lead for the Forum Public Policy Committee and is a member of the Nonprofit VOTE National Leadership Council. Welcome again, we are thrilled
About Rules of the Game: The Bolder Advocacy Podcast
Nonprofits are important advocates on issues critical to every community, but sometimes the rules and regulations of advocacy can be barriers to entry. In Rules of the Game, Bolder Advocacy attorneys at Alliance for Justice use real examples to demystify these laws to help 501(c)(3) and 501(c)(4) nonprofits be bolder advocates, whether holding elected officials accountable, educating candidates, engaging voters, or lobbying for policy change. Entertaining legal education, not legal advice!
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