Ballot Measure Advocacy

With direct democracy becoming more important than ever in this political climate, we thought it was a good time to revisit ballot measures. From local park bonds to important state constitutional amendments, ballot measures have become important tools for policymaking, and nonprofits often play a huge role in supporting and opposing them. On this episode we do a deep dive on the details and how you can get involved.   Attorneys for this episode Susan Finkle Sourlis Tim Mooney Natalie Ossenfort          Shownotes What Are Ballot Measures, and Why Are They Important? ·      According to Ballotpedia, as of April 5, 2026, 87 statewide ballot measures have been certified for the ballot in 35 states for elections in 2026. ·      These initiatives will ask voters to weigh in on topics like redistricting, campaign finance, state budgets, school funding, the state judiciary, and more. ·      Ballot measures are important advocacy tool to create policy change. They are a form of direct democracy.   The Law: Internal Revenue Code ·      Ballot measures = pieces of legislation. If they pass, they become law. ·      As a result, advocacy for or against the passage of a measure = lobbying (more specifically, direct lobbying since the public serves as a legislative body during the ballot measure process). ·      Reminder: public charities can lobby, but they need to stay within Internal Revenue Code set lobbying limits. o   Default test: Insubstantial Part Test o   Optional test for most public charities: 501(h) Expenditure Test ·      Under either test, one must express a view on legislation for a communication to be considered lobbying. ·      Here are some ballot measure activities that would be considered lobbying: o   Asking voters to vote yes or no on a measure o   Posting social media messages either supporting or opposing a measure o   Raising money earmarked to defeat or win a measure o   Preparing materials that support or oppose a measure o   Targeting outreach to voters that are likely to support or oppose a measure in alignment with your organization's position   The Law: State / Local-Level Campaign Finance Considerations ·      The ballot measure process varies by state. o   Some states only allow legislatively referred measures. o   Others (like OH, MI, AZ, and CA) allow citizens to initiate statewide ballot measures. ·      It is essential that if your organization is planning to conduct activity surrounding a ballot measure, you abide by state law. ·      Unlike the IRS, most states do not regulate ballot measure advocacy as lobbying, but rather t