Mainebiz Special Editions

W W W. M A I N E B I Z . B I Z 5 G I V I N G G U I D E 2 0 1 8 – 2 0 1 9 F ederal tax law prohibits 501(c) (3) nonprofi ts from engaging in partisan activities including endors- ing or opposing cand idates, providing fi nancial support to political candi- dates and coordinating with parties or candidates. However, nonprofi ts can still engage in elections. As essen- tial partners in our communities and society, they have a responsibility to get involved in elections. Here are seven ways nonprofi ts and their staff , boards, and volunteers can engage in elections. 1. Get out the vote: Voter registra- tion eff orts are permissible. When registering people to vote, a nonprofi t may explain the benefi ts of register- ing with a party, but cannot sway registrants towards a particular party. Information may include how to register to vote, how to vote absentee, where to vote, when the vote is taking place, voting deadlines. 2. Legislative scorecards: Scorecards use public votes to educate voters. 501(c)3 nonprofi ts may publish a scorecard that shows how incum- bents (not just candidates) voted. A scorecard should be done every year, not just in election years, should be released at the same time every year and should not be timed to infl uence the election. It should be released as soon as possible after the legislative session is over. 3. Hosting candidates: Inviting candi- dates to your facility or to a program is a great way to develop a relationship with the candidates and to help them learn about your organization's work. Candidates may be invited to a non- profi t function on a nonpartisan basis. An equal opportunity must be pro- vided to all candidates for the particu- lar offi ce including similar time, venue and presentation format. Support for or opposition to a candidate may not be demonstrated in any way. No political fundraising may occur. 4. Candidate questionnaires: Nonprofi ts can send candidates questionnaires and publicize their responses in order to educate voters on where candidates stand on issues they care about. e questions and descriptions of issues must be clear and unbiased in both structure and content. e questions and answers need to be identical to what you publicize. Let candidates know you intend to make their responses public. 5. Voter guides: Voter guides are an additional tool to educate voters on key issues. Voter guides need to include all viable candidates running for a particular offi ce. ey may include basic objective information such as the name and photo of candidates, current occu- pation, party affi liation, list of major endorsements provided by the can- didate, campaign contact informa- tion and sample ballots. 6. Issue advocacy: During elec- tion season, 501(c)3 nonprofi ts may continue their issue advocacy eff orts within limits. e fundamental consideration is whether the issue advocacy benefi ts or appears to ben- efi t one candidate over another. e issue should not be one that divides candidates unless it is an issue the nonprofi t has been working on for an extended period of time and not just during election season. Extra caution should be used before increasing such efforts during an election season. 7. Do it on your own time: 501(c)3 staff may participate in electoral activities personally but not at work. It's essential that there are clear distinctions between personal and professional activities. No employer resources may be used for electoral. Board members and volunteers must also refrain from electoral activity during their non- profi t time. It's important that the nonprofi t's name not be used in connection with the individual in relation to electoral activities as it would appear that the organization was endorsing the candidate. Nonprofi ts have an important role to play in elections, but need to be careful to follow the rules. To learn more, read our election blog series at www.Nonprofi tMaine.org/blog/ nonprofi ts+elections J B G, director of advocacy and PR at the Maine A s s o c i a t i o n o f N o n p r o f i t s , c a n b e r e a c h e d a t @ . H OW TO B Y J E N N B U R N S G R A Y 7 ways nonprofits can engage in elections 94 Commercial St., Portland, ME 04101 | 207.772.4994 | meetings@visitportland.com If you TRAVEL OUT OF STATE for a meeting, event, or sporting competition, contact Visit Portland. LET US KNOW WHERE YOU ARE GOING, and we can help… BRING YOURS HOME! MEETINGS MEAN BUSINESS FOR MAINE + + MeetInMaine.com VISIT PORTLAND

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