Ask Us Anything: Voter Registration

In this episode, we're answering questions from organizations about voter registration, which is, of course, timely given the upcoming midterm election season. Since these activities occur within an electoral framework, it's crucial to keep various legal aspects in mind while crafting and executing your voter registration campaigns. We'll discuss the key considerations related to nonprofit tax law, federal election law, and state law. Attorneys for this episode Sarah Efthymiou Susan Finkle Sourlis Monika Graham Voter Registration 501(c)(3) nonprofits are effective voter registration advocates because they are trusted, nonpartisan organizations with deep ties to their communities, especially populations that are often underrepresented in the electoral process. By conducting voter registration drives, they remove practical barriers to voting, help people navigate confusing rules and deadlines, and expand equitable access to civic participation. This work strengthens democracy without endorsing candidates or parties and aligns with nonprofit missions by empowering communities to have a voice in the policies that affect their lives. Why are c3s effective voter registration advocates? Deep trust and credibility. Direct access to underrepresented voters. Nonpartisan by law. Education + assistance. Long-term relationship building. Why host voter registration programs? Registration is the biggest barrier to voting. They increase participation and equity. They normalize civic engagement. They strengthen democracy (without being partisan). They align with many nonprofit missions. Federal Tax Law: Federal tax law allows 501(c)(3) nonprofit organizations to engage in voter registration and education activities, as long as those efforts are conducted in a strictly nonpartisan manner. Understanding these rules is essential to ensure compliance while encouraging civic participation and protecting the organization's tax-exempt status. I'm a 501(c)(3) public charity. How can I engage in VR without jeopardizing my status? 501(c)(3) public charities must conduct all voter registration activities in a strictly nonpartisan manner. Voter registration activities should be designed to encourage participation by all eligible individuals. Any targeting of voter registration efforts must be based on neutral, nonpartisan criteria. Organizations should exercise caution when connecting issue advocacy with voter registration activities. I've heard that there are bad actors out there trying to "catch" c3's doing something wrong. What can we do to protect ourselves? Prepare for challenging questions by having a trusted partner ("buddy system") during voter engagement. Consider having a point person designated to handle tricky situations and/or suspicious questions. Invest in thorough training for all staff and volunteers involved in voter registration efforts. Federal Election Law Under federal election law and the rules governing 501(c)(3) organizations, charities and other tax-exempt nonprofits may engage in voter registration and other civic engagement activities as long as they remain strictly nonpartisan and do not support or oppose any candidate or political party. This limitation stems from the Johnson Amendment and IRS regulations, which prohibit political campaign intervention but explicitly allow educational and voter registration efforts that help people participate in the electoral process withneutrality. What are some FEC rules we should be aware of to stay in compliance? Federal Election Commission (FEC) regulations strictly prohibit coordination of voter registration activities with candidates, political parties, or campaigns. Since the Citizens United decision, independent expenditures related to voter registration and partisan targeting are allowed for 501(c)(4) organizations but remain prohibited for 501(c)(3)s. Under no circumstances can 501(c)(3) organizations offer payments or anything of value—including food, gifts, or incentives like pizza—in exchange for voter registration. State Regulations State laws play an important role in shaping how 501(c)(3) organizations conduct voter registration activities. While federal law allows nonprofits to engage in nonpartisan voter registration, each state sets its own rules around registration procedures, deadlines, training requirements, and handling of voter information. Understanding and complying withapplicable state laws is essential for 501(c)(3)s to conduct voter registration safely, legally, and effectively. Do we need to watch out for anything on the state level? Yes, potentially. Voter registration rules and requirements can vary widely by state, so it's essential to consult your state elections office for...