Public Policy > Policy Resources > Advocacy During Election

Permissible Nonprofit Activity During an Election Cycle

Nonprofits play an important role during elections, particularly by educating and activating voters. With important local, state and federal elections coming up this fall, nonprofits should take the time to remind their staff about appropriate activity during a political campaign or at any other time.

Some important tips:

• Working for the election of a particular candidate, whether at the federal, state or local level, is strictly prohibited for 501(c)(3) organizations and is cause for the organization to lose its tax-exempt status.
• Employees, members or officers of 501(c)(3) organizations can participate in a political campaign provided that they say or do everything as a private citizen and not as spokespersons for the organization or while using the organization’s resources.

Examples of activities that are permissible for 501(c)(3) organizations:

• Engaging in nonpartisan voter education, voter registration, and get-out-the-vote activities.
• Educating all candidates and political parties about your organization’s issues.
• Inviting candidates to meetings or to public forums sponsored by the nonprofits. The invitation must be extended to “all serious candidates.”
• Preparing a voter scorecard that displays how each member has voted on key issues and distributing it to your constituents. Be certain to include all members.
• Creating a public policy agenda with your board to identify long-term changes to legislation that would benefit your issue/organization.

Examples of activities that are not permissible for 501(c)(3) organizations:

• Endorsing or opposing a candidate.
• Making any campaign contribution.
• Coordinating activities with a candidate.

For more information on election activity please see:

• "Voter Education By Charities During a Political Campaign," by Charity Lobbying in the Public Interest (www.clpi.org). CLPI also offers a tutorial on federal law governing voter and candidate education (http://www.clpi.org/Lobbying_and_the_Law.aspx).
• "Election Dos and Don'ts for 501(c)(3)s," by the Independent Sector (http://www.independentsector.org/programs/gr/electiondosanddonts.html).
• "Playing by the Rules," a handbook on voter participation and education work for 501(c)(3) organizations by Caplin & Drysdale (http://www.independentsector.org/programs/gr/Playing_by_the_Rules.pdf)
• National Council of Nonprofit Associations Election Tool Kit (http://www.ncna.org/_uploads/documents/live//Election_tool_kit2.pdf)

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