Getting Involved in Advocacy: An Election Primer for Nonprofits

Surely you are aware that there is a presidential election on November 3, 2020? And as a nonprofit organization working toward social good, you are probably hoping for a specific outcome. One way to increase the chances of that outcome? Voting!

Election Day will also include many down-ballot races which are at least as important as the presidential race, and in many places, voters will also be asked their opinions about ballot initiatives that relate to local legislation. As a nonprofit organization, there are rules about the types of advocacy and lobbying you can do, but there are many legal ways to get involved in this election cycle, which we have compiled into a nice list below. (Not exhaustive! There’s lots of great resources to dig deeper with at vote.org)

As nonprofits, it is important to maintain a nonpartisan stance when engaging with and talking about candidates. While nonprofits may take a stance on specific issues or policies, this is considered lobbying and can only take up a small percentage of your organization’s budget (see more on the IRS substantial part test below). Voting is inherently a nonpartisan issue, so as long as you encourage people to register and vote without tying that message to specific candidates or issues, you will be in full compliance with the law.

Here’s what you CAN do with Candidates:

  1. Educate candidates about issues that you care about – send constituent emails, make phone calls, schedule in-person meetings (if safe to do so in your area) to ensure the issues you’re working on are known and accounted for in their platform

    • You can also share data and stories you’ve collected through your work as long as it is publicly available (such as on your website)

  2. Create a candidate questionnaire specific to your issue(s) – email it to all candidates running for a specific position and publish the results on your website so voters can read candidates’ positions for themselves

    • Distribute to all candidates running for a specific office

    • Ask neutral, not leading, questions

    • Ask open-ended questions so candidates can provide nuanced responses

  3. Host a (virtual) candidate forum – similar to the questionnaire, but allows for interaction between candidates and Q&A from the audience

Here’s what you CAN do with Voters:

  1. Register people to vote – hold a voter registration fair (can be tied to something else you’re already working on like food distribution or healthcare enrollment), promote voter registration via social media, or plan time with your staff to make phone calls to help people register

  2. Educate voters on the voting process & their options – make it easy for voters to understand where, when, and how to vote this includes early voting, vote by mail, and voting on Election Day

  3. Educate voters about issues on the ballot – put together a nonpartisan voting guide so voters can read about the issues and decide for themselves which way to vote

  4. Send out voting reminders – as we near the election, sending reminders about early voting, polling locations, and Election Day will increase chances that people will get out and vote.

What you CAN do about Issues:

  1. Advocate for or against ballot initiatives that will have an impact on your work – remember, this is considered lobbying and organizations must pass the “substantial part test” from the IRS, which allows nonprofits to keep their tax-exempt status if no substantial part of activities are related to influencing legislation (try to keep these activities to 5% of your budget)

  2. Advocate for an expanded vote by mail and absentee ballot access – it is especially important during the pandemic to ensure that all eligible voters regardless of age or health status have the ability to safely vote

No matter how you decide to get involved, it’s important that you and your organization figure out how you want to participate and how to do that legally. We’re developing new resources for nonprofit organizations around advocacy and lobbying so stay tuned!