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Rules of the Game: The Bolder Advocacy Podcast: Daily Summaries Delivered
by Bolder Advocacy
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!
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- 1 weeks ago14 min
Individual Activity in Election Season
Employees and volunteers of public charities often participate in the political and democratic process in ways that connect to their organization's mission. While a 501(c)(3) cannot engage in partisan activity, individuals don't give up their First Amendment rights when they are staff, board members, or volunteers of a public charity. In our last episode, we talked about candidate appearances at charitable events. But what if the call is coming from inside the house? In this episode, we'll share some practical tips and best practices to help you engage in electoral work as an individual while keeping your organization safely within the rules to protect its tax-exempt status. Attorneys for this episode Victor Rivera Quyen Tu Sarah Efthymiou Show notes Basic rule: 501(c)(3) organizations are prohibited from participating in partisan political activity. This rule also applies to anyone acting on an official capacity on behalf of the c3. This means that (c)(3) leaders, staff, and volunteers may not use the facilities, equipment, personnel, or other c3 resources to provide support to or op
- 3 weeks ago17 min
Commenting on Candidates
When nonprofits speak out on issues in the public square, the line between education and electioneering can get blurry – especially during election season. On this episode of Rules of the Game, we break down what the law allows when organizations comment on statements made by candidates and campaigns, and how those rules shift when addressing the actions of incumbents who may also be on the ballot. From issue advocacy to the risk of impermissible political intervention, we walk through practical scenarios and key guardrails to help your nonprofit stay compliant while engaging in advocacy to advance your mission. Shownotes Basic rule: 501(c)(3) organizations are prohibited from supporting or opposing candidates for public office, which means that their advocacy and actions have to remain nonpartisan. · Black and White: 501(c)(3)s can't endorse candidates, and they can't explicitly tell people who not to vote for. On the other hand, nonprofits can emphasize the importance of voting in a nonpartisan way, and they can continue to educate voters about issues core to their missions without suggesting who people should vote for in an upcoming candidate election. · Shades of Gray: IRS utilizes a facts and circumstances analysis to determine whether a nonprofit's communication is permissible or a violation of the tax code's electioneering prohibition for 501(c)(3)s. While not an exhaustive list, some facts and circumstances the IRS might consider include… o Timing of the communication o Targeted audience o How the message relates to what candidates and political parties are saying, and more! · The IRS has also indicated that messaging that includes distorted facts, disparaging language, or statements not aimed at developing the audience's understanding of a mission-related issue can indicate a violation of the law. Commenting on Candidates and Campaigns · No clear guidance from IRS on how to do this safely, but based on the required facts and circumstances analysis, best practices could include: o Focusing on what was said (the issue), not who said it (the candidate) o Avoiding discussions about candidate qualifications or whether someone is a good or bad candidate o Scripting responses before talking to reporters or the public (since you may very well get a question related to the election and who people should vote for) o Avoiding comments about a candidate's record or personal characteristics o Avoiding references to voters and the upcoming election o Not comparing your position on an issue to where the candidates stand on that issue · Remember: It is permissible to monitor what candidates say and do so that you can prepare for the future. o The risk arises for 501(c)(3)s when they communicate in a way that could be perceived as attempting to influence the outcome of a candidate election. · Examples[NRO1] : o "What if Candidate X states during a candidate debate that "our community's water quality meets all safety standards." Can a local environmental justice 501(c)(3) correct the record if that statement is false? § <!
- Apr 29, 202615 min
Candidate Appearances
Primaries are taking place or may have already occurred where you are. More elections will take place from now until November so we thought it's a good time to talk about candidate appearances. We'll explain how (c)(3)s can stay nonpartisan while helping to educate voters and candidates by hosting candidates. (c)(4)s, you can of course do everything (c)(3)s can do and much more! Attorneys for this episode Quyen Tu Victor Rivera Brittany Hacker Leonard Shownotes Why is this important? <span class= "TextRun SCXW24398895
- Apr 15, 202621 min
Ballot Measure Advocacy
With direct democracy becoming more important than ever in this political climate, we thought it was a good time to revisit ballot measures. From local park bonds to important state constitutional amendments, ballot measures have become important tools for policymaking, and nonprofits often play a huge role in supporting and opposing them. On this episode we do a deep dive on the details and how you can get involved. Attorneys for this episode Susan Finkle Sourlis Tim Mooney Natalie Ossenfort Shownotes What Are Ballot Measures, and Why Are They Important? · According to Ballotpedia, as of April 5, 2026, 87 statewide ballot measures have been certified for the ballot in 35 states for elections in 2026. · These initiatives will ask voters to weigh in on topics like redistricting, campaign finance, state budgets, school funding, the state judiciary, and more. · Ballot measures are important advocacy tool to create policy change. They are a form of direct democracy. The Law: Internal Revenue Code · Ballot measures = pieces of legislation. If they pass, they become law. · As a result, advocacy for or against the passage of a measure = lobbying (more specifically, direct lobbying since the public serves as a legislative body during the ballot measure process). · Reminder: public charities can lobby, but they need to stay within Internal Revenue Code set lobbying limits. o Default test: Insubstantial Part Test o Optional test for most public charities: 501(h) Expenditure Test · Under either test, one must express a view on legislation for a communication to be considered lobbying. · Here are some ballot measure activities that would be considered lobbying: o Asking voters to vote yes or no on a measure o Posting social media messages either supporting or opposing a measure o Raising money earmarked to defeat or win a measure o Preparing materials that support or oppose a measure o Targeting outreach to voters that are likely to support or oppose a measure in alignment with your organization's position The Law: State / Local-Level Campaign Finance Considerations · The ballot measure process varies by state. o Some states only allow legislatively referred measures. o Others (like OH, MI, AZ, and CA) allow citizens to initiate statewide ballot measures. · It is essential that if your organization is planning to conduct activity surrounding a ballot measure, you abide by state law. · Unlike the IRS, most states do not regulate ballot measure advocacy as lobbying, but rather t
- Apr 1, 202622 min
Ask Us Anything
On this episode of Rules of the Game, we dive into some of the most common – and pressing – questions we hear on our free nonprofit advocacy technical assistance hotline. From whether foundation funding can support voter registration efforts, to what nonprofits should know when attending rallies and advocating around local law enforcement cooperation with ICE, we break down the rules and offer practical guidance you can use to enhance your organization's advocacy and community participation in elections and other public policy activities. We'll discuss real world scenarios, and a few surprises drawn straight from questions advocate like you are asking every day. Attorneys for this episode Tim Mooney Natalie Roetzel Ossenfort Quyen Tu Shownotes Question 1: How can 501(c)(3) organizations participate in voter registration activities, and where can we find funding to support this work? Voter registration is explicitly allowed (and encouraged): 501(c)(3) public charities can conduct voter registration drives if they are nonpartisan: no support for or opposition to any candidate or political party. This includes helping people register, providing forms, and sharing neutral information about how and where to vote. <li class="OutlineElement Ltr BCX4 SCXW42467923" role="listitem"
- Mar 18, 202616 min
Legislative Update
Legislative season is underway, and we're seeing a wave of proposals that could significantly reshape the operating environment for nonprofits and advocacy organizations. We're tracking over 1,000 bills across the country, and while some of them do positive things, like make improvements to our electoral system or increase voter turnout, unfortunately, most of these measures are taking aim at impactful nonprofit advocacy. These proposals collectively reflect an erosion of the civic space in the nonprofit ecosystem. We're here to break down some of the key trends and help you stay informed about emerging twists in compliance. Attorneys for this episode Maggie Ellinger-Locke Susan Finkle Sourlis Natalie Roetzel Ossenfort Shownotes Federal Legislation · The SAVE Act would require voter registration applicants to provide documentary proof of US citizenship and impose strict photo ID rules to vote in federal elections. · Federal law is already clear that only US citizens are permitted to vote in federal elections. · This legislation could disproportionately impact voters of color, married people who have changed their last names, and low-income voters. State Legislation · So far, we've seen over 150 bills filed in at least half the states, that seek to impact the voting process. Georgia's SB 586 proposes sweeping changes to state elections including early voting. Under current law voters are permitted to cast their ballot at any polling location in their county during the early voting period. But if this bill becomes law, voters would be restricted to just one polling location. In West Virginia, SB 90 would prohibit voters not affiliated with a major political party from voting in a primary election. In Kansas, HB 2438 would prohibit online voter registration unless a website uses a .gov domain or is explicitly approved by the secretary of state. Corporate Power Reset movement: The goal of this movement is to create an end run around supreme court precedent like Citizens United and Buckley v Valeo[NO1] [ME2] [SS3] by prohibiting all corporate, whether for profit or nonprofit, engagement with elections.[SS4] [ME5] · Restricting foreign influence on ballot measure campaigns: Federal law already bans foreign national contributions to candidate campaigns, but these bills are seeking to extend the restrictions further, narrowing the funding landscape for direct democracy. o During the 2026 state legislative sessions, we've seen 39 bills introduced in twenty states that would restrict foreign contributions to ballot measure campaigns. o Some focus narrowly on majority foreign-owned businesses, but many target individuals and ballot question committees. These bills often require affirmative certifications that no foreign national funding is involved in an organization's ballot measure advocacy. Baby FARA bills: At the federal level, the Foreign Agents Registration Act was enacted in 1938 to counter Nazi propaganda. It requires individuals or entities acting "at the order, request, or under the di
- Mar 4, 202627 min
Litigation Update
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/
- Feb 18, 202617 min
College Athletics, NIL and Nonprofits
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 activity Often tied (explicitly or implicitly) to institutional athletic programs The tension: Supporting individuals is allowed But private benefit, inurement, and mission drift are still red lines Issue 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 alignment How 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 oversight Who approves NIL strategy? How are conflicts of interest handled (especially boosters, alumni, donors)? Controls and accountability Criteria for selecting athletes Documentation of services provided Fair market value analysis Transparency What are donors told? What is disclosed publicly vs. internally? Regulation on the Horizon After the NCAA Settlement <ul type="di
About Rules of the Game: The Bolder Advocacy Podcast
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!
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