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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
  • Giving Thanks

    Giving Thanks
    Nov 26 2025

    On this episode, we gather around the virtual table and share three success stories for nonprofit advocacy that may help to put a smile on your face and give you something positive to reflect on, in a year that could use a lot more of that.

    Attorneys for this episode

    · Tim Mooney

    · Quyen Tu

    · Sarah Efthymiou

    Shownotes

    UNIDOS MN Action and the power of advocacy

    · Driver's licenses for undocumented people revoked in MN 2003

    · The 2022 change in political landscape that set the stage

    · The work led by UNIODS MN Action to pass HF4

    · The outcome - tens of thousands of people can now drive legally—no more choosing between getting to work and risking their family's stability

    · Emilia González Avalos, one of the key leaders of UNIDOS MN, handed us an officially signed copy of the bill

    · She said they wanted me to have it because the legal strategy support from Bolder Advocacy on (c)(4)s gave information and confidence for UNIDOS MN Action up and running and that mattered in getting this win

    Heinz using PRG hub to give out specific project grants

    Summer of 2023, launched with support from Robert Wood Johnson F

    • Our explainer videos provide a clear and concise overview of how the PGR works and how private foundations (and their grantees) can take advantage of it.
    • Our factsheets provide more in-depth information on the PGR and explain how to use our new PGR budget templates.
    • Our budget templates help foundations and grantees ensure that when a grant applicant submits a project budget, it meets the requirements of the PGR.

    Earlier in the year, a foundation staff was on a conference panel and blatantly said foundations can't lobby. A similar occurrence happen when our colleague attended Foundations, both private and public, have us train their staff on understanding the rules and addressing their specific concerns

    Response from Legal Community

    · NLDN: collaboration between AFJ & We the Action – to empower NPs to withstand challenges, e.g., audits and attacks on TE status; legal clinics

    · State AGs: joined forces w/NPs (NCNP, etc.) to challenge funding freezes
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    13 m
  • Election Season Prep

    Election Season Prep
    Nov 12 2025
    Whether it be local elections or picking a new president, election season seems to always be lurking around the corner, so on today's episode we're unpacking what it means for 501(c)(3)s to remain nonpartisan and how these nonprofits can safely engage in several different types of advocacy during election season. Attorneys for this episode Monika Graham Melissa Marichal Zayas Sarah Efthymiou Remaining Nonpartisan: The rule is clear: 501(c)(3) organizations cannot engage in any activity or make statements that suggest support or opposition to political parties, candidates, or groups of candidates running for public office, including those not affiliated with a specific political party. However, the definition of what counts as "nonpartisan" remains somewhat unclear. The IRS uses a "facts and circumstances" test to determine whether a charity's communication and/or activity is truly nonpartisan or a disguised attempt to influence an election. The IRS considers whether the communication and/or activity: identifies candidates compares a candidate's position on issues important to the organization with the organization's positions on those same issues expresses approval or disapproval of a candidate's position or actions is delivered close to an election, references voting, focuses on issues that distinguish candidates is part of an ongoing series of communications independent of election timing or coincides with non-electoral events like legislative hearings on pending bills DO: Keep your focus on issues, not elections. Continue mission-related issue advocacy but avoid suggesting how people should vote. Educate voters. Provide nonpartisan facts, resources, and information about voting without mentioning or implying support for candidates or parties Host candidate forums or publish questionnaires: Invite all viable candidates and give each candidate an equal opportunity to participate Ensure questions are neutral, related to your charitable purpose, and cover a broad range of issues Share responses verbatim and without commentary Register voters and encourage turnout (GOTV) in a nonpartisan manner — serve everyone equally, regardless of political affiliation. Remember, there are special rules for private foundations Document everything. Keep records showing how you designed and implemented your activities to avoid partisanship. Develop a track record of similar advocacy in non-election years Train staff and volunteers they understand what's allowed and what's off-limits during election season Separate personal and organizational activities. Staff and board members may support candidates on their own time, but not using organizational resources (e.g., name, email, office space, social media) Engage in ballot measure advocacy but remember to track and report this activity as lobbying if expressing a view on the measure and trying to influence the vote Meet with the candidates, educate them about your organization's work, and try to influence their platforms, while ensuring that you provide the same or equivalent information to every candidate DON'T: Endorse, oppose, or rate candidates — directly or indirectly Use "code words" (e.g., "vote pro-life," "support progressive values," "throw out the incumbents") that imply candidate support or opposition Time issue advocacy communications to coincide with elections if the message could be seen as favoring one candidate's position. Publish or share candidate statements selectively or with commentary that signals approval or disapproval Use organization funds, staff time, or materials for any partisan campaign activity Let candidates use your events, publications, or platforms for campaign purposes. Coordinate messaging with a candidate or you could also trigger campaign contribution restrictions under federal election law Resources: Rules of the Game: A Guide to Election-Related Activities for 501(c)(3) Organizations Seize the Initiative: A Legal Guide on Ballot Measures for Nonprofits and Foundations Being a Player: A Guide to the IRS Regulations for Advocacy Charities Keeping Track: A Guide to Recordkeeping for Advocacy Charities Running the Advocacy Race: Bolder Advocacy's Top Resources for an Impactful 2024 Election Season
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    27 m
  • Ask Us Anything

    Ask Us Anything
    Oct 29 2025
    As we head into the final stretch of 2025, we're back on the mic to tackle some of the most common questions we hear about accountability advocacy. Whether your organization is calling out broken promises, uplifting community voices, or demanding action from those in power, this episode is all about giving nonprofit organizations the clarity, confidence, and tools to hold public officials accountable boldly and legally. Attorneys for this episode Natalie Ossenfort Monika Graham Victor Rivera Shownotes Can 501(c)(3) organizations participate in protests or rallies that are critical of the current administration without jeopardizing their tax-exempt status? Yes, 501(c)(3) organizations can legally participate in protests or rallies that are critical of the current administration or its recent decisions as long as the advocacy connects to the organization's charitable purpose and the activities remain nonpartisan. What's Allowed: Protesting specific policies, laws, or actions taken by elected officials or government agencies Organizing or participating in rallies that align with the organization's mission (e.g. immigrant rights, environmental justice, LGBTQ+ protections) Naming elected officials and holding them accountable for their actions taken in their official capacity Consulting with counsel about applicable laws and best practices What's Not Allowed: Endorsing or opposing a candidate running for office, including incumbents up for reelection, even implicitly like connecting a stance on a specific issue and a political party or candidate (e.g. "Vote Pro-Choice") Participating in protests that are clearly organized by or for/in coordination with candidate campaigns or parties Timing a protest to coincide with an election with the intent to influence the outcome Violating any federal, state, or local laws, engaging in criminal activity such as unlawful assembly, disorderly conduct, obstruction of law enforcement, or inciting or aiding illegal acts As the new Supreme Court term begins, are 501(c)(3)s allowed to educate the public about pending cases? What about organizing social media campaigns in response to recent decisions? Yes, 501(c)(3) organizations are absolutely allowed to educate the public about Supreme Court cases, including pending decisions, and to organize social media campaigns in response to recent rulings. But it may be wise to exercise best practices to ensure the work remains in compliance with IRS rules and regulations. What's Allowed: Explaining the case's impact on the organization's mission and/or the community it serves Highlighting real stories, lived experiences, and systemic impacts to make the stakes unmistakably clear Publishing statements, issuing press releases, writing blog posts, speaking to the media, and launching social media campaigns to share the organization's position on an issue Drafting or joining others in filing an amicus brief What's Not Allowed: Using language that directly or indirectly supports or opposes a candidate or group of candidates. Statements suggesting how to vote in an upcoming election in response to a Supreme Court (or other court's) decision. To what extent can 501(c)(3) organizations engage in accountability advocacy? Are there specific guidelines when it comes to holding power accountable? Yes, 501(c)(3) organizations can engage in accountability advocacy so long as the work remains nonpartisan and mission aligned. Holding public officials accountable for the impact of their actions is not political; it's principled. And it is not only legal, but a vital expression of a nonprofit's responsibility to the communities it serves. What's Allowed: Criticizing or praising policies, actions, and decisions made by public officials Demanding transparency, equity, and accountability from Congress and administrative agencies Using creative, nonpartisan ways to engage in advocacy through art and collaboration (e.g. Create a "Wall of Faces" featuring images and stories of people who have been personally impacted by recent policy changes) What's Not Allowed: Using language that suggests an elected official is not well suited for public office Linking policy criticisms directly to upcoming elections or campaigns Explicit or subtle suggestions about how individuals should vote in response to an elected official's actions If you had to make one recommendation for groups wanting to engage in accountability advocacy, what would it be? Engage responsibly during election season: As you may know, Nov. 4 is election day in many places so we just wanted to give a friendly reminder that while 501(c)(3) organizations cannot support or oppose candidates, they can participate in nonpartisan activities—such as voter ...
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    16 m
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