Can I tweet that?: An Election Year Q&A with Bolder Advocacy

With the 2020 election cycle in full swing, nonprofit organizations and employees are constantly navigating appropriate ways they can get involved. You might want to get out the vote for a candidate committed to repealing the Hyde Amendment, or attend a rally for a candidate hosted by a union. You might be asked to go to a political event and represent your organization, but are confused about whether that time constitutes paid work time or not. Understanding what your 501(c)3 can and can’t do in an election year is complicated — so we brought in the experts.

Some of the issues employees are likely to encounter will involve questions of employment law, while others will revolve around the rules that apply to 501(c)3 nonprofits (c3 for short) specifically. While c3 organizations may engage in a broad range of advocacy in an election year, including issue advocacy and education, registering voters and engaging in GOTV (Get Out the Vote), they must remain nonpartisan in their civic engagement activities. One overarching rule to keep in mind: c3 organizations cannot support or oppose any candidates for public office. 501(c)4 (c4 for short) organizations are social welfare organizations and have the ability to support and oppose candidates The activities a c4 may do will depend on which state or federal laws apply. 

We asked legal expert Ronnie Pawelko at Bolder Advocacy to answer some of the most common questions they receive during election years. Here’s what they said.

Question: My c3 employer has asked me to attend a partisan event—an event dedicated to electing a candidate or for a particular political party—during work hours. What should I do?

A c3 cannot engage in partisan activities, so in most cases, they cannot send their staff to partisan events. An activity or event would be considered partisan if its purpose is to influence the election or defeat of an individual to an elected office. Employment law prohibits an employer from requiring an employee to work without compensation and a c3 can’t spend funds on partisan activity, including paying staff to attend partisan events. A c3 employee facing this type of request should point out that c3s cannot engage in partisan activity. If you want to attend the partisan event, your employer can allow you to take time off on the same basis as any other request for leave.

Q: My employer has asked me to knock on doors as part of its affiliated c4’s effort to defeat an elected official who is up for re-election. What should I do?

Affiliated c3s and c4s can share resources, including office space and employees, provided that the c4 pays its share of all the costs. If the c4 will be paying all of the costs incurred for this partisan activity, it would not be impermissible for a c3 employee to engage in this activity as they would be representing the c4 in their activity. If your employer is asking you to volunteer for this activity, that may be a violation of your state’s labor laws. If you do work in an affiliated c3/c4 organization, make sure you know which organization you are representing, and when it comes to a c4’s partisan activities, make sure you don’t use the c3 organizational name to identify yourself.

Q: I want to volunteer for a candidate this November; can I do that without endangering my organization’s c3 status?

Yes—c3 employees can volunteer for candidates and political parties, using their own time and resources. You should not make political phone calls from work or using a work device, use your organization’s photo copier, your work email address or any other c3 resources for your political activities. If you want to take time off, for example, to go to a swing state to help get out the vote for your preferred candidate, you can use your paid time off on the same basis as you would for any other reason.

Q: I work at a c3 organization and want to tweet about my favorite candidate (or shade a terrible one). Can I do that from my personal social media accounts?

Employees of c3 organizations can support or oppose candidates when acting in their personal capacity, including tweeting about candidates on their social media. A best practice is to include a disclaimer that indicates your tweets are your own opinions or that the account is your personal account. This is especially important if you include information about your place of employment. 

For more information on election year advocacy, including information on how c3 organizations can safely engage in civic participation activities, respond to issues raised by candidates, and respond to election outcomes, see Bolder Advocacy’s election year resources. Other questions? Call: (202) NP-LOBBY or email us.

Bolder Advocacy equips nonprofits with the knowledge they need to be confident and powerful advocates. Their website offers easy to understand information, resources, and tools to help nonprofits understand the laws and rules that govern their advocacy. Our team of attorneys run a technical assistance hotline where nonprofits can receive answers to their advocacy-related questions. While we cannot serve as your attorney or offer legal advice, we can help you understand the applicable laws and regulations.