FAQ: Nonprofits and Advocacy
1. What is a 51(c)(3) organization?
A 501(c)(3) is a tax-exempt nonprofit organization recognized by the IRS. These organizations include charities, religious groups, educational institutions, and others that operate for charitable purposes. They are exempt from federal income tax and can receive tax-deductible donations.
2. Can 501(c)(3) organizations engage in advocacy?
Yes, 501(c)(3) organizations can engage in advocacy, but there are restrictions. They are allowed to advocate for issues aligned with their mission, educate the public on social or political matters, and promote public policy. However, they cannot support or oppose political candidates.
3. What kinds of advocacy activities are allowed?
501(c)(3) organizations can:
- Educate the public on issues relevant to their mission.
- Provide nonpartisan analysis and research.
- Conduct issue advocacy campaigns.
- Lobby on legislation that impacts their mission (with limits).
- Encourage voter registration and participation in a nonpartisan manner.
4. Can 501(c)(3)s support or oppose political candidates?
No, 501(c)(3) organizations are strictly prohibited from engaging in any political campaign activities, including endorsing or opposing candidates for public office. They cannot contribute to political campaigns or coordinate with candidates or political parties.
5. Can 501(c)(3)s participate in ballot initiative advocacy?
Yes, 501(c)(3) organizations can engage in ballot measure advocacy because it is considered issue advocacy, not candidate support. However, these activities must still comply with lobbying limits.
6. Can 501(c)(3)s educate the public on elections?
Yes, 501(c)(3)s can provide nonpartisan voter education, such as distributing unbiased voter guides, hosting candidate forums (with all candidates invited), or conducting get-out-the-vote efforts as long as they do not favor or oppose any candidates.
7. What is the difference between politics and policy?
- Politics refers to activities related to the election of candidates and the operation of political parties. It includes campaigning, supporting or opposing candidates, and electoral strategies.
- Policy involves the development and implementation of laws, regulations, and government programs. Nonprofits can engage in policy advocacy by lobbying for or against legislation and working on social issues without engaging in political campaigning.
Nonprofits must focus on policy – not politics – and stay nonpartisan when participating in advocacy.
