Food for thought offered by the National Council of Nonprofits about our involvement in political activity:
The
Underutilized – Yet Vital – Role of America’s Charitable Nonprofits
by
Tim Delaney, President & CEO
I
just returned from London, where I had the good fortune of meeting with
nonprofit leaders from several countries and soaking up English history,
culture, and (of course) rain. Whether learning about nonprofit trends
elsewhere from international colleagues, listening to debates in both Houses of
Parliament, touring the British Museum, or even just walking London’s streets,
I couldn’t help but constantly compare home and abroad.
First
thing up for comparison was language. One odd term (to me) was calling a
meeting a “consultation.” Another particular language difference caught my ear:
Europeans engage in “campaigning” rather than “lobbying.” That startled me at
first, because here “campaigning” normally means partisan political activity that
expresses support for or opposition to a candidate for public office, which
nonprofits in our country clearly can’t do. Later, when hearing peers describe
how laws in many countries were so complex as to discourage nonprofits from
engaging in certain activities, I realized that is how U.S. laws operate
regarding many core democracy-building activities: our federal laws allow
nonprofits to both lobby and encourage participation in elections, but those
laws appear so complex that they frighten too many away.
That
insight dialed up a trend I have noticed in the U.S.: nonprofit
capacity-builders often shy away from external policy matters because they hear
terms that sound like a foreign language to them. Similarly, nonprofit policy
advocates frequently flee internal discussions about topics like finances, HR,
and IT (activities that capacity-builders deal with daily) because terms used
are less familiar to them. Yet our sector can’t be effective in serving our communities
if we over-specialize and compartmentalize like this. We all need to have a
basic understanding of our sector’s vital role in building democracy – and then
operationalize our role as champions for our communities.
After
all, as revealed in the now-classic Forces for Good,
high-impact nonprofits both deliver services AND work with government and
advocate for policy change to accomplish their missions. Indeed, as the
Minnesota Participation Project (an initiative of the Minnesota Council of
Nonprofits) reminds us in this article, Election Cycle Dos and Don’ts,
charitable nonprofits are uniquely positioned to nurture democracy.
Another
item begging for comparison was public transportation. London’s constant whirl
of buses and subways magically achieved their basic purpose of moving oodles of
people. Then at night, it seemed advanced drivers would climb aboard the
double-decker buses and push them full-throttle, while still safely navigating
their behemoths along crowded, narrow streets. But while aboard an open-topped
double-decker bus that had to take a sudden detour, I saw some tourists slapped
in the face by an unanticipated tree branch (which I fortunately ducked under).
These
three ways of moving people – basic, advanced, and popped-in-the-face – also
made me think of how we can safely move nonprofits to greater engagement in
promoting democracy.
Basic
These
activities are so basic, safe, and important that all nonprofits ought to
engage in them. Simply remember to remain strictly nonpartisan in these
activities. Just as public buses don’t just board only Democrats or
Republicans, the goal here is to move more people to the polls; once people
arrive there they can choose their own destination.
- Educate and empower. Your nonprofit touches
many people. Imagine if each person voted.
In California, CalNonprofits has launched an effort – the Vote with Your Mission
campaign – to have 100% of eligible nonprofit staff members, board
members, and volunteers vote. Start your own effort to get everyone
associated with your nonprofit to vote!
- Register Voters.
NonprofitVOTE
provides everything you need so that your nonprofit can
roll out a successful (and legal) voter registration campaign: from a planning checklist to a
downloadable voter participation starter kit, it’s all there.
Advanced
In
good conscience, I wouldn’t encourage inexperienced drivers to drive a massive
double-decker bus through crowded streets. The Center for Lobbying
in the Public Interest (CLPI) provides an excellent "roadmap" for
election-related activities
that are legal and safe – provided you have experienced advisors accustomed
to navigating the particular requirements of the law.
-
Create a Candidate
Questionnaire.
Here’s a powerful sample
questionnaire from the North Carolina
Center for Nonprofits. The great thing about candidate
questionnaires is that they require all of the candidates to give focused
consideration to nonprofit issues. Plus, it’s a unique way to educate
future officeholders (see Qs 4, 6, 10 in NC sample). This article from The
NonProfit Times provides tips
on creating unbiased, informational candidate questionnaires.
- Host a Candidate Forum. Inviting all candidates
(remember to remain nonpartisan!) to
a candidate forum is a great way to make it easy for your community to
learn about the candidates. As a neutral broker, with the best interests
of the community in mind, your nonprofit has the opportunity to increase
public understanding of the issues affecting your community. Here are tips for hosting candidate
forums, including what to do when a campaign comes knocking, courtesy
of NonprofitVOTE.
Avoid
Getting Popped
The
IRS has published materials
that make clear that nonprofits may legally engage in nonpartisan
election-related activities. But those same materials point out that if the
nonprofit moves beyond being strictly nonpartisan, there can be serious
consequences. Unfortunately, too many nonprofits freeze when learning about
possible “serious consequences,” without ever considering the bountiful
community benefits. That’s akin to hiding under the covers quivering in fear
that if you get on a plane to London it might get hit by lightning.
- Remain Nonpartisan. Nonprofits have plenty
of room – and responsibility – to serve their
constituents and communities by encouraging people to use their voices at
the ballot box. The main thing to remember to avoid being popped is to pay
attention to what it means to remain nonpartisan.
- Proactive Protections. Consider adopting a political activity policy
to keep your nonprofit, board, and staff aware of the importance of
remaining nonpartisan. When you hire a new employee, and when you orient
board members, make sure they know that as a tax-exempt 501(c)(3)
charitable organization, your nonprofit must remain nonpartisan.
*
* *
At
the Churchill War Rooms, I learned that the now omnipresent expression of “Keep
Calm and Carry On” was first printed in 1939 on posters for use if the Germans
invaded. After the war, those unused posters were tossed – yet some were found,
so the expression remains alive. With the American campaign season heating up
and raising the temperature of political rhetoric, charitable nonprofits and
their board members would be wise to apply the message from our friends across
the pond: “Keep Calm and Carry On.” Don’t let false lore about nonprofits being
unable to do anything relating to elections scare you or the blitz of negative
campaign ads rattle you. Keep calm. Know there are many legal, easy,
and vital ways for nonprofits to advance their missions in
serving their communities by helping
citizens vote. Then carry on!
Permissible
Activity Checklist from NonprofitVOTE
Initiatives
& referenda elections, as the Center for Lobbying in the Public
Interest notes, follow laws regarding lobbying, not partisan electioneering,
(because the voting public is being “lobbied” to vote yes or no).
The
Nonprofit Law Blog and
Gene Tagaki’s interview on Nonprofit Radio provide a legal overview and explain
how campaign activity restrictions apply to websites and social media.
Resources
IRS
Fact Sheet on election year activities
Test
your knowledge. Here are 21
examples of actions by 501(c)(3) nonprofits. Which ones are permitted under
IRS regulations?
Help
someone get an absentee ballot
Tools
NonprofitVOTE's
online starter kit
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