As election season approaches, many nonprofit leaders find themselves asking the same question: What can our organization do without crossing a legal line?
The answer is often more than people realize.
A common misconception is that 501(c)(3) organizations must avoid election-related activity altogether. In reality, nonprofits can play an important role in encouraging civic participation through efforts such as voter education, voter registration drives, candidate forums, and nonpartisan get-out-the-vote initiatives, provided those activities are structured appropriately and remain strictly nonpartisan.
At the same time, election-related activities can raise complex legal questions. Organizations must be mindful of the 501(C)(3) prohibition on supporting or opposing candidates, as well as campaign finance and reporting requirements that may apply in certain circumstances.
The challenge for many nonprofits is not whether they can engage, but how to do so confidently while remaining compliant with federal and state law.
As Maine organizations begin planning advocacy, community outreach, and voter engagement efforts ahead of upcoming elections, now is a good time to review those activities and ensure they align with both organizational goals and legal requirements. Addressing potential issues early can help organizations focus on their missions while minimizing risk.
If your nonprofit has questions about election-related activities, voter engagement efforts, candidate forums, ballot question advocacy, or compliance obligations, Bernstein Shur’s attorneys are available to help. Please contact me or another member of our team to discuss your organization’s goals and develop an approach that allows you to engage effectively and confidently.
Lisa Prosienski is an associate who brings nearly two decades of firsthand political and campaign experience to her legal practice, advising candidates, ballot question committees, PACs, and nonprofit and tax-exempt organizations on election law, campaign finance compliance, and the complex rules governing advocacy and influence. She can be reached at [email protected].
Bernstein Shur’s Political Campaigns & Public Affairs Consulting group provides legal and strategic counsel to campaigns, PACs, parties, and advocacy organizations at every stage of the political lifecycle — from campaign launch and compliance to coalition building, legislative strategy, and crisis management.