What to do when “you can’t be political”
Let’s get political. Or not. Or um….. What are nonprofits allowed to talk about?
Why are we so afraid to take a stance?
With election season here, I wanted to take some time to clear up some misconceptions so you can make more informed decisions about your messaging.
The other day, I shared a Hocus Pocus meme breaking down the three types of friends:
The one throwing the ballot drop off party on Saturday
The one who camped out at the polls the night before early voting started
The one who likes to vote IRL on Election Day
And I got a TON of messages in response….DMs like this one:
“Nonprofits aren’t supposed to do any political messaging which is so hard for me to have restraint.”
So often, I hear from nonprofit leaders who are afraid to share about any given political issue. Some of us are even scared to encourage people to vote.
Where does this come from? Board members? Donors? Bylaws? The IRS? Let’s get into this.
Note: I last-minute decided to record a podcast, so all the editing that is usually done by Ryan isn’t happening. This means you’ll have to roll with a less polished episode. It’s worth it.
First, why does taking a stance matter?
My guess is that those you serve are in need of another voice who will stand next to them or for them. Someone who will elevate the issues of inequality, oppression, and lack of fundamental rights.
At least 3 reasons to get political…
1 ➜ Educate and mobilize your audience.
An aware audience is an active audience. Educating about current issues helps you to mobilize people to take action, whether it’s to donate, volunteer, go out and VOTE.
2 ➜ Create a welcome environment.
Help the populations you serve to feel welcomed and safe. If you’re skirting past the issues, you’re not seeing the people you serve as real people who are experiencing real problems.
3 ➜ Practice inclusivity (for real).
Be inclusive beyond the blurb at the bottom of your job descriptions. Walk the walk and talk the talk—not to tick some box but to make lasting change and create more JUST world. It’ll attract a more diverse pool of candidates for your staff and Board, which is better for everyone!
To be a changemaker and to create change,
you have to be willing to get a little rowdy.
But wait…I thought nonprofits couldn’t get involved in politics?
As a former nonprofit ED, I’ve only had experience with running a 501(c)(3) organization. But I also knew there were organizations who called themselves nonprofits, but participated in lobbying. So what gives?
Let’s be clear– there are two types of nonprofit organizations:
Here’s what the IRS says about politics and these two types of organizations:
501(c)(4)s may support or oppose candidates, but only as long as that activity remains secondary to its primary, non-candidate work.
➡️ In other words, 501(c)(4)s can lobby and advocate for a certain candidate.
501(c)(3)s are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.
That “absolutely prohibited” freaks us out, doesn’t it?
Better to stay far away. Avoid anything remotely political sounding to protect our tax exempt status…right?
Not exactly.
There’s a major difference between supporting a candidate vs. supporting a cause.
➡️ So… telling people to vote? Not the same as telling people WHO to vote for.
Informing people about women’s health rights? Saying Black Lives Matter? Impact of debt relief on student loans or social security benefits to an aging population… Or impacts of climate change because of natural disasters…. Not the same as telling people who to vote for.
To clear things up, here are examples of direct vs. indirect campaign participation as it relates to the IRS restrictions:
Direct: Explicitly telling people to vote for a certain candidate or party. Or inviting a candidate to be a keynote speaker as a part of their campaign efforts.
Indirect: Encouraging your audience to vote pro-women’s health with a picture of the candidate/candidates who represents that issue.
Notice how “indirect participation” doesn’t mean avoiding talking about issues like climate change, women’s rights, racial inequity, etc.
What’s allowed? How to participate in the politics conversation
While nonprofits can’t advocate for a certain candidate, there are still many ways you can encourage voter engagement as a part of your organization’s mission.
Here are a few “political” activities that nonprofits CAN promote during election season, according to the organization Nonprofit VOTE.
Promote voter registration
Educate voters on the voting process
Encourage people to vote
Continue issue advocacy**
Here’s what the Alliance for Justice shared in their Guide to Election-Related Activities:
“Federal tax law allows 501(c)(3) organizations to engage in issue advocacy—even when
election campaigns are occurring. However, issue advocacy crosses the line into prohibited
campaign intervention when a communication not only addresses an issue but also tries to
tell the audience how to vote on a specific candidate or group of candidates.”
As far as issue advocacy goes, based on my research, make sure you’re following these two guidelines:
Don’t tell the audience who to vote for
Talk about these issues throughout the year (not only around the election cycle).
If the issues are under the umbrella of your mission, they’re fair game to discuss.
The benefits of issue advocacy for nonprofits
Issue advocacy is an excellent way to nurture and engage your audience. Taking a stand on the issues will help you:
Have talking points for your email and social media marketing
Educate your audience throughout the year
Keep donors engaged in your work
Mobilize your audience to volunteer or give
Another plus? Issue advocacy helps you communicate urgency. (We talked about the importance of urgency to year-end campaigns in episode 47 so head back there after this one!)
Think about it. How will your audience know why taking action is important RIGHT NOW? If you aren’t talking about current events—or how policies impact those you serve—your donors won’t recognize the power they have in making real change.
“What about our Board members?”
There’s almost always that one Board member. The one who gives X amount of dollars and joined the Board years before you started as an executive director. He doesn’t have much to say about your marketing or fundraising efforts. That is, until a political “hot topic” comes up.
I’ve heard stories of Board members threatening to leave or pull their substantial gifts if you speak out…
If you share too many articles on social inequality from The New York Times (to educate your audience on the population you serve).
If you share the latest research on climate change (to mobilize volunteers to donate to forest conservation).
Sounds to me like you’re on a mission to make an impact, but you feel stuck between a rock and a hard place. You want to attract more donors, but you’re worried you’ll lose much-needed funding from the Board or other major donors.
We’re not going to go into Board management or dynamics today — that’s a whole other beast.
Instead, stay curious — here’s what I want you to think about:
Is it worth a conversation with that board member — why they don’t want you to “get political?
Do they understand how your mission aligns with these issues?
Or are they holding unjust power over you?
What if there are dozens of donors – or board members – with the same financial means, who are only waiting for a nonprofit that stands for something?
Who is clear in their values?
This brings us to our next point: what about donors?
“What about our donors?”
Disrupting the status quo feels scary. What if your donors disengage if they feel your values aren’t aligned with theirs?
I can’t tell you how many times I hear EDs say “we might lose donors if we talk about XYZ issues.” Could you lose donors for saying Black Lives Matter? Or sharing facts and stats about racial and financial inequity?
I mean, yea. Maybe. (I hope not 🙄). But it’s possible.
But, the real question is: how many people don’t feel inspired to join your cause because you haven’t taken a clear stance?
Let’s start with the numbers. Here are some stats from the Why America Gives Report by Classy:
42% of Americans said they donated or planned to donate to social justice causes.
Of that segment, 58% said it would be their first time giving.
32% said this gift will replace what they would otherwise give to another organization.
That’s right: 32% gave to a DIFFERENT organization that aligns with their social justice values.
One nonprofit responded to my political stories saying ,“Fun fact, we actually saw a rise in donations and verbal feedback of general support from people when we got political and clear on our stand on social justice issues.”
So, the way I see it, you have two options.
Option 1: stay quiet on the issues
Staying quiet is safer. Staying quiet means you won’t ruffle any feathers or disrupt anyone.
Option 2: put your stake in the ground
Don’t hold back. If you have a clear mission and values, sharing information about relevant issues shouldn’t come as a surprise to your donors. Besides, if a donor’s values don’t align with your values, they probably won’t keep giving in the long-term anyway.
Practical ways to talk about social justice and political issues
Get to the root of WHY your line of work exists.
I was an ED of a youth empowerment program for girls. My work exists because by 8 years old, girls' confidence begins to drop because as they reach adolescence that openness to risk and failure becomes buried under an avalanche of biological and cultural signals telling them to be careful, value perfection, avoid risk at all possible costs.
Once you understand why your line of work exists, think about the relevant topics. For the youth empowerment program for girls, advocating for issues about pay inequities or availability and affordability of menstrual products for individuals with limited access would be in alignment.
Understand the issues facing those you serve.
Tender Foundation based out of Atlanta stabilization program bridges the financial gap and provides a safety net for single moms living on the margins.
Understanding the additional stress on single moms to find care for their children—and the impact women can have on the labor market when resources aren’t available—means sharing about legislation that would ease the child care crisis in the county.
Be part of the solution.
If you follow me on social media, then you know that one of my favorite things to share in the Fall is Fat Bear Week. If you don’t know what that is, it’s a March Madness style competition to see what bear in Alaska’s Katmai National Park gets to be the fattest.
This playful activity is more than rooting for your favorite bear to devour as many salmon as possible. It’s helping educate a larger population on the importance of keeping our rivers and waterways clean and preserving bear’s natural habitats from mining and deforestation.
What’s great about sharing these issues over and over again is that next year, your audience is familiar with the issues you stand for. So, come October and November, you can continue to share about the issues and encourage folks to vote.
And no—you aren’t telling them WHO or HOW to vote. Instead, you are empowering your audience to mobilize. The best part? Sharing about the issues not only inspires people to vote but also to get involved in your cause.
There’s a spectrum of what makes sense for your organization
A few things to think about:
What barriers are staying put because you don’t talk about your values?
Why does your org exist if there isn’t some inequality, injustice, or disparity?
How can you bring people in and have these important conversations?
Do you really want donors that won’t give to you because you’re speaking up about the thing they are giving money to help eliminate? 🥴
Resources for nonprofits
There are so many misconceptions about what nonprofits are allowed to talk about. Take a look through these resources to make more informed decisions about how you can communicate your mission and take a stand on social issues.
1 ➜ The Rules of the Game: A Guide to Election-Related Activities for 501(c)(3) Organizations by Bolder Advocacy (a program of Alliance for Justice).
2 ➜ Permissible Election Activities Checklist by Nonprofit Vote.
3 ➜ IRS restrictions - 501(c)(3) vs. 501(c)(4) Tax-Exempt Organizations
4 ➜ Be the Ones - Be the Ones has a free nonpartisan voters guide that explains 10 state & local positions you should know before heading to the polls and how their jobs directly impact issues like reproductive justice, education, and voting access.
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Disclaimer
This information does not, and is not intended to, constitute legal advice. All information, content, and materials available are for general informational purposes only.