What does it mean to be nonpartisan?
Charitable nonprofits, also known as 501(c)(3)s, must remain non-partisan, but what does that actually mean?
What you can't do
Charitable nonprofits may not participate in any political campaign on behalf of or in opposition to any candidate for public office (at any level).
Remember the "3 Ps" - POLITICAL activity is about PEOPLE running for office and 501(c)(3)s are PROHIBITED from getting involved, either for or against a candidate.
What you can do!
Non-partisanship does not mean non-participation! You can engage in advocacy to advance your mission, and this can include lobbying, education, and election-season engagement.
Lobbying
Public charities CAN lobby, within limits. Lobbying is any activity designed to influence legislation, which includes things like contacting legislators, testifying at a public hearing, speaking at a city council meeting, circulating sign-on letters, producing talking points for your audience to use, and more.
For this one, remember the "3 Ls" - LOBBYING is about LEGISLATION and a section 501(c)(3) can do a LIMITED amount of it (lobbying cannot become a "substantial" part of your work). You will need to track and report on your activities at both the state and federal level.
What does "substantial" mean? This is subject to interpretation. If you are consistently engaging in lobbying, you may want to elect into the 501(h) expenditure test, which will give you more defined parameters and help you feel more confident you aren't exceeding legal thresholds.
Note: Ballot initiative activity is a type of lobbying - learn more on that topic here.
Issue Advocacy and Education
Charitable nonprofits CAN educate elected officials and other stakeholders about the impact of proposed or enacted public policy. Nonprofits can criticize or celebrate policies or actions by those in government, either by directly communicating with the elected official, or by writing newsletter articles, blog posts, op-eds, letters to the editor, etc.
Generally, these activities are considered lobbying only if you are also encouraging a specific vote (which would be direct lobbying) or encouraging others to contact their elected officials about their vote (which would be grassroots lobbying).
Voter Engagement
Nonprofits CAN help get out the vote and educate people about how elections work. In fact, nonprofits and foundations are uniquely positioned to support and enhance democratic participation through nonpartisan voter engagement activities. But, remember - charitable nonprofits (501(c)(3)s are strictly prohibited from endorsing or opposing candidates for office.
Resources
There are many resources to support you to advocate legally and effectively. Here are a few:
- Recorded Webinar: Nonprofit Advocacy 101: What is it and how do we start? (MANP)
- Recorded Webinar: Staying Inside the 501(c)(3) Lines: Keeping Nonpartisan in Messy Partisan Times (Nonprofit Vote)
- Recorded Webinar: Maintaining 501(c)(3) Tax-Exempt Status (IRS's Stay Exempt site)
- Practical Guidance: What Nonprofits Need to Know About Lobbying in Maine (from Alliance for Justice)
- Bolder Advocacy - website with tons of articles, webinars and even a hotline for your questions
- Stand for Your Mission - a website focused on helping nonprofit boards understand and build buy-in for advocacy
- Nonprofit and Foundation Voter Engagement Guide (MANP and MPC)
- Nonprofit Vote - articles, webinars and tools to support nonprofits with election-related activities.
This blog post is for informational purposes only, and should not be considered legal advice.