501(c)(3)s and the 2016 Federal Election: Do You Know What Your Employees Are Doing?
June 6, 2016 | By: Avi D. Kelin, Esq.
As the 2016 presidential primary season proceeds, we are quickly approaching the summer conventions and the November presidential election. With the political contests becoming more heated, this post is part of a new series on what different entities and groups need to know about their political activity as the 2016 election approaches. There are many obvious benefits to earning the designation of a 501(c)(3) charitable organization—the organization is exempt from tax and donations are deductible. But the Internal Revenue Code places a key limitation on all 501(c)(3) organizations by prohibiting them from engaging in any political activity. Violation of this prohibition on political activity may lead the IRS to refuse or revoke 501(c)(3) status. A 501(c)(3) therefore must avoid any partisan activity that supports or opposes political candidates or political parties. A 501(c)(3) generally MAY NOT:
- Make political contributions (monetary or in-kind).
- Issue a statement that supports or opposes a candidate (e.g., stand-alone statements, statements in newsletters, or material on a website).
- Endorse a candidate.
- Ask a candidate to sign a pledge on any issue.
- Engage in non-partisan election-related activities such as get-out-the-vote and voter registration drives.
- Engage in limited lobbying (related to the mission of the organization), including ballot-measure advocacy.
- Educate all candidates on issues within the purview of the organization.
- Conduct non-partisan public-education and training sessions about participation in the political process.
- Prepare and disseminate non-partisan candidate questionnaires and sample ballots.