RULES OF THE GAME: ELECTION-RELATED ACTIVITY FOR 501(c)(3s) ISAIAH - - PowerPoint PPT Presentation

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RULES OF THE GAME: ELECTION-RELATED ACTIVITY FOR 501(c)(3s) ISAIAH - - PowerPoint PPT Presentation

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RULES OF THE GAME: ELECTION-RELATED ACTIVITY FOR 501(c)(3s) ISAIAH CASTILLA / APRIL 12, 2016 Introduction Muslim Advocates provides guidance and resources to mosques and other nonprofits. The recent focus on American Muslims by

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RULES OF THE GAME: ELECTION-RELATED ACTIVITY FOR 501(c)(3s)

ISAIAH CASTILLA / APRIL 12, 2016

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Introduction

  • Muslim Advocates provides guidance and

resources to mosques and other nonprofits.

  • The recent focus on American Muslims by

presidential candidates and by various elected officials has raised questions about how to respond to anti-Muslim rhetoric.

  • This webinar is focused on providing an
  • verview of the guidelines and rules for

501(c)(3)’s to ensure civic engagement in a manner that is consistent with the law.

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Agenda

  • Introduction
  • Presentation by Alliance for Justice

– What is Advocacy? – Non-partisan Electoral Activities

  • Questions and Answers

– Follow-up/Resources

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Alliance for Justice: Isaiah Castilla

Alliance for Justice’s Bolder Advocacy Program

  • Promotes civic engagement in democratic processes and

institutions by giving nonprofits and foundations the confidence to advocate effectively and by protecting the right to do so.

Isaiah Castilla serves as Counsel at AFJ

  • Prior to joining AFJ, Isaiah was founding member of The

Castilla Law Group, P.L.L.C. In his practice, Isaiah managed a caseload of both civil and criminal matters, and worked with non-profits on political advocacy and development.

  • Before practicing law, Isaiah served in a variety of

positions, including as a Deputy Finance Director, Regional Finance Director and Finance Director and Counsel in a variety of political campaigns. As a finance staffer, Isaiah built and executed robust fundraising plans and gained a wealth of knowledge in state and federal campaign finance law.

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Submit questions:

  • Using the webinar chat function;
  • By e-mail to charities@muslimadvocates.org; or
  • By text message to 202-765-4249

To follow-up after the webinar, contact Muslim Advocates at charities@muslimadvocates.org or 202-765-4249

Question and Answer Session

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501(c)(3)s Political Organizations

Examples Tax Treatment Lobbying Activities Electoral Activities

501(c)(4)s 501(c)(5)s 501(c)(6)s

tax-exempt

RARE AND USUALLY TAXABLE

LIMITED UNLIMITED

tax-exempt

contributions tax-deductible

tax-exempt private foundation grants CANNOT SUPPORT OR OPPOSE A CANDIDATE FOR OFFICE SECONDARY ACTIVITY USUALLY SOLE ACTIVITY

Sierra Club PAC

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WHAT IS ADVOCACY?

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Organize Communities Educate Public Educate Legislators Nonpartisan Voter Ed.

PARTISAN POLITICAL LOBBYING

Encourage Voting Educational Conferences Research Lobbying Exceptions Change Corporate Behavior Skills Training Regulatory Efforts Litigation

AVENUES FOR ADVOCACY

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What can I do? What should I do?

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NONPARTISAN ELECTORAL ACTIVITIES

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Election-related Activity KEY POINTS:

Nonprofits can and should engage their communities around elections Keep activities nonpartisan: no supporting or

  • pposing candidates

Can educate voters and encourage voting, but should not say who to vote for. See special rules for private foundations on voter reg. Public foundations can support or oppose ballot measures within lobbying limits; Private foundations create taxable expenditure when funding ballot measure work

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Rules that apply to print and verbal communications also apply to

ONLINE COMMUNICATIONS

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No 501(c)(3) support for or

  • pposition to CANDIDATES

running for PUBLIC OFFICE

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Who is a “CANDIDATE for PUBLIC OFFICE”?

?

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CHARACTERISTICS Office created by statute On-going position Fixed term Requires oath of

  • ffice

Includes School Boards

For any public office

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Rules that apply to print and verbal communications also apply to ONLINE

COMMUNICATIONS

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INDIVIDUAL PARTISAN ELECTORAL ACTIVITIES Personal Capacity Only Not on Company Time Organization Cannot Ratify Acts Have a Policy

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What is NON-PARTISAN?

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FACTS and CIRCUMSTANCES

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Election Year Activities

Issue Advocacy

Advocating for organization’s issues during election year

Voter Education

Educating voters in a nonpartisan way about candidates

Candidate Education

Helping candidates understand the importance of your issues

Voter Outreach

Registering voters, getting out the vote

Ballot Measures

Support or oppose state or local ballot measures

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LOBBYING

  • r advocacy campaigns

ISSUE ADVOCACY Lobbying/ Advocacy Campaigns Criticizing Incumbents Candidate Education

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SUPPORTING OR CRITICIZING INCUMBENTS Focus on Legislative Issues Continue Ongoing Support/Criticism Don’t Support/ Criticize Personal Characteristics

CRITICIZING

OR SUPPORTING INCUMBENTS

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LEGISLATIVE SCORECARDS

ISSUE ADVOCACY Lobbying/ Advocacy Campaigns Criticizing Incumbents Legislative Scorecards Candidate Education

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Sent to PUBLIC

Published REGULARLY Includes ALL LEGISLATORS BROAD Range

  • f Issues

AVOIDS Commentary

Sent to MEMBERS

Published REGULARLY Includes ALL LEGISLATORS NARROW Range

  • f Issues

Commentary ALLOWED

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Election Year Activities

Issue Advocacy

Advocating for organization’s issues during election year

Voter Education

Educating voters in a nonpartisan way about candidates

Candidate Education

Helping candidates understand the importance of your issues

Voter Outreach

Registering voters, getting out the vote

Ballot Measures

Support or oppose state or local ballot measures

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CANDIDATE EDUCATION

ISSUE ADVOCACY Lobbying/ Advocacy Campaigns Supporting or Criticizing Incumbents Legislative Scorecards Candidate Education

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CANDIDATE EDUCATION Offer to all Use only what is already gathered Only create new information if

  • rganization has

reason to do so

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Election Year Activities

Issue Advocacy

Advocating for organization’s issues during election year

Voter Education

Educating voters in a nonpartisan way about candidates

Candidate Education

Helping candidates understand the importance of your issues

Voter Outreach

Registering voters, getting out the vote

Ballot Measures

Support or oppose state or local ballot measures

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CANDIDATE

QUESTIONNAIRES

VOTER EDUCATION candidate questionnaires candidate debates and forums candidate appearances appearances unrelated to candidacy

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QUESTIONS Unbiased questions Open-Ended Questions Distribute to all candidates Broad range of issues No Pledges FORMATTING No editing Present responses equally Disclaimers

CANDIDATE QUESTIONNAIRES

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QUESTIONS Unbiased Questions Open-Ended Questions Distribute to all Candidates Broad Range

  • f Issues

No Pledges FORMATTING No Editing Present Responses Equally Disclaimers

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“Neither the League of Women Voters Education Fund nor any of its partners takes any position on or expresses any preference about the issues or candidates displayed on this

  • site. The League of Women

Voters does not support or

  • ppose candidates or

political parties.”

QUESTIONS unbiased questions

  • pen-ended

questions distribute to all candidates broad range

  • f issues

no pledges FORMATTING no editing present responses equally disclaimers

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DEBATES

& FORUMS

VOTER EDUCATION candidate questionnaires candidate debates and forums candidate appearances appearances unrelated to candidacy

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QUESTIONS Unbiased Questions Broad Range of Issues FORMAT Invite all Viable Candidates Fair Rules Impartial Moderator Unbiased Audience Equal Opportunity No Contextual Favoritism

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CANDIDATE

APPEARANCES

VOTER EDUCATION candidate questionnaires candidate debates & forums candidate appearances appearances unrelated to candidacy

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CANDIDATE APPEARANCES Equal opportunity required No contextual favoritism Invite all viable candidates

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APPEARANCE

UNRELATED

TO CANDIDACY

VOTER EDUCATION candidate questionnaires candidate debates and forums candidate appearances appearances unrelated to candidacy

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APPEARANCE UNRELATED TO CANDIDACY Awards & Policy Updates No Equal Opportunity Required Avoid Mentioning Candidacy Don’t Time to Coincide with Election Disclaimers and Letters

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Election Year Activities

Issue Advocacy

Advocating for organization’s issues during election year

Voter Education

Educating voters in a nonpartisan way about candidates

Candidate Education

Helping candidates understand the importance of your issues

Voter Outreach

Registering voters, getting out the vote

Ballot Measures

Support or oppose state or local ballot measures

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VOTER REGISTRATION No Reference to Party/Candidate No Suggestion of Who to Vote For Make Service Available to EVERYONE Targeting for NONPARTISAN Reason

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VOTER REGISTRATION No Reference to Party/Candidate No Suggestion of Who to Vote For Make Service Available to EVERYONE Targeting for NONPARTISAN Reason

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VOTER REGISTRATION No Reference to Party/Candidate No Suggestion of Who to Vote For Make Service Available to EVERYONE Targeting for NONPARTISAN Reason

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VOTER REGISTRATION No Reference to Party/Candidate No Suggestion of Who to Vote For Make Service Available to EVERYONE Targeting for NONPARTISAN Reason

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Election Year Activities

Issue Advocacy

Advocating for organization’s issues during election year

Voter Education

Educating voters in a nonpartisan way about candidates

Candidate Education

Helping candidates understand the importance of your issues

Voter Outreach

Registering voters, getting out the vote

Ballot Measures

Support or oppose state or local ballot measures

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Advocating for or against a ballot measure is lobbying, not political.

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YOU CAN DO IT!

Limits lobbying at all levels of government, must stay nonpartisan Requires disclosure of state ballot measure advocacy

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State Law Resources

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FOR MORE INFORMATION:

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WEST COAST Oakland, CA EAST COAST Washington, DC

866-675-6229 isaiah@afj.org www.bolderadvocacy.org @AFJBeBold | @IsaiahAFJ www.facebook.com/BolderAdvocacy

TEXAS Dallas, TX Los Angeles, CA