Rules of the Game: The Bolder Advocacy Podcast Podcast Por Bolder Advocacy arte de portada

Rules of the Game: The Bolder Advocacy Podcast

Rules of the Game: The Bolder Advocacy Podcast

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Nonprofits are important advocates on issues critical to every community, but sometimes the rules and regulations of advocacy can be barriers to entry. In Rules of the Game, Bolder Advocacy attorneys at Alliance for Justice use real examples to demystify these laws to help 501(c)(3) and 501(c)(4) nonprofits be bolder advocates, whether holding elected officials accountable, educating candidates, engaging voters, or lobbying for policy change. Entertaining legal education, not legal advice!CC BY-NC-ND 4.0 Economía Gestión Gestión y Liderazgo
Episodios
  • Litigation Update

    Litigation Update
    Mar 4 2026

    On this edition, we open up the docket and get an update on the variety of court cases that impact tax-exempt organizations and their ability to advocate on the issues they care about. And to help with that, we're joined once again by friend of the pod Emma Olson Sharkey from Elias Law Group to help demystify what's happening in the courts and how it might impact you and your work.

    Attorneys for this episode

    Brittany Hacker Leonard
    Tim Mooney
    Emma Olson Sharkey – Elias Law Group

    Shownotes

    501(c)(4) political activity

    Freedom Path, Inc. v. IRS (D.D.C.)

    Memorial Hermann Accountable Care Organization v. CIR (5th Cir)

    Administrative law

    Loper Bright Enterprises v. Raimondo (2024)

    Johnson Amendment and 501(c)(3) partisan activity

    National Religious Broadcasters v. Long (EDTX)

    https://www.councilofnonprofits.org/pressreleases/federal-court-decide-legal-settlement-impacting-70-year-old-federal-law-protecting-0

    Ballot measure process cases

    Montana - Kendrick v. Knudsen - https://statecourtreport.org/our-work/analysis-opinion/proposed-ballot-measure-would-limit-montana-legislature-burdening-direct

    Arkansas - https://arkansasadvocate.com/2025/11/19/judge-issues-injunction-against-arkansas-direct-democracy-laws/

    Montana - Ellingson v. State: https://archive.legmt.gov/content/Committees/Interim/2023-2024/State-Administration-and-Veterans-Affairs/Meetings/Sept.5.24/Tab-11-Admin-Rule-Review-Litigation-Update/September-2024-Litigation-Update.pdf

    Florida[GU2] - https://floridaphoenix.com/2026/02/20/federal-ruling-in-florida-ballot-initiative-restriction-challenge-could-have-national-implications/

    Oklahoma - McVay et al. v. Cockroft and Drummond: https://www.lwv.org/legal-center/mcvay-v-cockroft

    Missouri - Missouri et al v. Von Glahn et al: https://www.democracydocket.com/cases/missouri-congressional-redistricting-referendum-challenge/
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    28 m
  • College Athletics, NIL and Nonprofits

    College Athletics, NIL and Nonprofits
    Feb 18 2026
    One of the hottest topics in college athletics turns out to be about nonprofits. This episode unpacks how nonprofit colleges and third-party NIL collectives support individual student athletes, the governance and tax questions that follow, and what the recent NCAA settlement means for oversight and compliance. We also look ahead to emerging federal regulation and how nonprofits might engage in shaping what comes next. Attorneys for this Episode · Tim Mooney · Victor Rivera Why NIL Is a Nonprofit Issue · Define NIL: athlete rights to monetize their brand (name, image, likeness). · Distinguish third-party deals vs. institution-linked compensation · Why nonprofits are in the mix: NIL collectives, booster organizations, independent sponsorscirculating capital in the ecosystem. College athletics live inside nonprofit institutions — universities and colleges are almost all 501(c)(3)s.Enter third-party NIL collectives — many of which are also nonprofits, often organized as 501(c)(3)s or seeking that status.When nonprofits move money, governance and tax law always follow — NIL is no exception.In October 2025, a settlement in House v. NCAA settlement centralized review mechanisms (the College Sports Commission – or CSC) now oversee deal approvals & compliance.Ongoing federal intervention: the proposed SCORE Act is NCAA-backed and would stop athletes from being considered employees and shield the NCAA from the kinds of class action lawsuits that got us to the current NIL landscape How Nonprofits End Up Supporting Individual College Athletes Nonprofits can and do financially benefit specific individuals (scholarships, disaster relief, housing aid, fellowships).NIL collectives operate on a similar theory:Supporting athletes through appearances, community engagement, or promotional activityOften tied (explicitly or implicitly) to institutional athletic programs The tension:Supporting individuals is allowedBut private benefit, inurement, and mission drift are still red linesIssue with compensating individuals using their "fair market value" Key question for nonprofits:Are we advancing a charitable purpose (legal) or just subsidizing compensation (questionable)? Governance Questions Nonprofits Can't Ignore Board-level responsibilities Mission alignmentHow does athlete support further the stated charitable purpose?Is this education, community engagement, economic equity or something else?"Amateur athletics" does a lot of heavy lifting here, but sometimes the collectives compensate the athletes for promoting charitable events/causes. Board oversightWho approves NIL strategy?How are conflicts of interest handled (especially boosters, alumni, donors)? Controls and accountabilityCriteria for selecting athletesDocumentation of services providedFair market value analysis TransparencyWhat are donors told?What is disclosed publicly vs. internally? Regulation on the Horizon After the NCAA Settlement The NCAA settlement signals:More centralized oversightMore formal review of NIL arrangementsLess tolerance for "wink-and-nod" structures Likely regulatory pressure points:Standardized deal reviewClearer definitions of permissible activityIncreased scrutiny of nonprofit status and operations Should Nonprofits Weigh In on What Comes Next? The NCAA settlement last fall quieted things down by creating reporting structures, arguably with some teeth. But as things evolve, there's more space for nonprofits in particular to notice.Will the College Sports Commission (CSC) continue to have conference support so it can enforce the NIL rules? The agreement hasn't been fully adopted yet, but the CSC is already knocking down some NIL deals.Federal legislation (SCORE Act or SAFE Act)Recent controversies surrounding eligibility of former pro-basketball players (Amari Bailey, Charles Bediako) may force Congress to act NCAA-adjacent rulemakingState-level NIL frameworks particularly regarding their institutions Other structures could allow potential pathways for unionization for student-athletes501(c)(5)s like AFL-CIO have come out against SCORE ActPrevious attempts have failed by student-athletes in Northwestern and in other universities and the SCORE Act has a provision that bans college athletes from being considered employees Resources NIL Compliance Tightens: What the NCAA's New Rules Mean for Institutions and Sponsors – Steptoe and Johnson College Sports Watchdog Will Enforce Rules Without Legal Backing – Front Office Sports NIL regulations for college athletes face hurdles in Congress – Spectrum News Letter Opposing Legislation That Would Be A Bad Deal for College Athletes – AFL-CIO
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    17 m
  • Ask Us Anything: Voter Registration

    Ask Us Anything: Voter Registration
    Feb 4 2026
    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...
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    21 m
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