Compiled by Nancy Amidei, Civic Engagement Project

If your organization has 501(c)(3) status under the tax code, there are many things you CAN do, plus some things you CAN NOT do in an election year. The following short list of some of those "Do's and Don'ts" is based on a useful publication from Alliance for Justice in Washington, DC: "The Rules of the Game: An Election Year Legal Guide for Nonprofit Organizations."

If the activities you are considering are not mentioned here, consult their web site: www.afj.org, or call them directly at: 202/822-6070. They have attorneys and others on staff who specialize answering questions from nonprofit organizations.

In an election year, DON'T avoid election-related activity, but DO obey the rules.
Keep the following in mind for your organization.

1. Do NOT engage in partisan political activity. E.g., your organization may NOT endorse a particular candidate, or send out mailings urging your members to support a political party, or any particular candidate, over another.
   
2. But you CAN sponsor (or co-sponsor) a "League of Women Voters" type of debate or candidate forum." Just be sure that: all of the qualified candidates are invited and have an equal opportunity to present their views; an independent group develops any prepared questions (the general public audience may also ask questions); there is a range of issues to be covered; and, the moderator is unbiased and neutral.
   
3. Do NOT invite a candidate to make an appearance as a candidate at an agency-sponsored event. Even in election years, it is possible to invite candidates to participate in activities with your organization, but make sure it does not turn into a "campaign event." In most cases it will just be best to not invite appearances by candidates - e.g., as a conference speaker or workshop presenter - during campaign season except when following the advice in item # 2 above: include all qualified candidates, give equal time, and maintain neutrality.
   NOTE: as an individual you are free to endorse, support, or oppose candidates; just be clear you are speaking for yourself and not for your organization.
   
4. But you CAN invite a group of elected officials to a "site visit" at your agency or with members of your organization. One allowable activity would be to invite some or all of your local elected officials (candidates for, or member of Congress, state legislature, county or city council) to visit your agency in the weeks following the election. Those who are not re- elected/elected will probably not show up, and in any case, at that point no one is a candidate.
   
5. You CAN NOT use your nonprofit organization to tell people how to vote.
   But, you CAN operate a nonpartisan voter registration or get-out-the-vote (GOTV) effort to encourage voting - e.g., by clients, staff, Board members, donors, volunteers. In these times when voter turnout is dangerously low, it is important to help promote the civic act of voting. It is one of the great strengths of our democratic form of government.
   In this process you may NOT say something designed to influence how people vote. Ask yourself whether you are trying to register just people who agree with your position (a "DON'T"), or all people who are non-voters (a "DO").
   You CANNOT say: "We need more voters who support social services. Register here."
   You CAN say: "Support democracy - VOTE." Or, "Housing, human services, food, jobs. You count. Register and VOTE." (That is, not just "housing" OR "jobs," but a broad range of issues. If necessary, partner with other groups to include more issues.)
   And while you may target certain groups - e.g., all low-turnout groups, you cannot try to target just those low-turnout areas likely to vote for one party, or where there is a close race.
   
   However you CAN work to register people in the area where you live or provide services, and you CAN focus on registering your clients, patients, families, and friends.
   
6. You CAN develop and distribute nonpartisan Candidate Questionnaires and Voter Guides.
   You CAN NOT design, use, or distribute Questionnaires and Voter Guides intended to promote one candidate or party over another, or influence how people should vote.
   
7. You CAN publicize your own issue agenda during an election, but you CAN NOT ask candidates to endorse your agenda.
   You CAN give candidates information that addresses issues of concern to your group.
   You CAN pose questions at a forum that inform candidates and voters alike.
   You CAN even ask candidates to take a public stand - but
   you CAN NOT ask for a Pledge of support for your position on these issues
8. You CAN "lobby " voters on matters decided by the voters:
   ballot measures, initiatives, referenda, charter amendments, bond measures, and constitutional amendments. Just be sure to count this activity as "direct lobbying" because in this case, the voters are the decision makers - in effect, the voters are the legislators.
   In short, you do not give up your rights as citizens because you are part of a 501(c)(3)!