EP. 04 — Praising and Criticizing Incumbents

Podcast

September 30, 2020

501(c)(3)s cannot support or oppose candidates for public office – see ROTG episode 1. But they can criticize or support the policy actions of incumbents, so long as it doesn’t appear as a proxy for a stance on the re-election of that official.
Example 1 – Ali Noorani is President & Chief Executive Officer of the National Immigration Forum, a 501(c)(3) advocacy organization to promote the value of immigrants and immigration. Ali is responding to President Trump’s Executive Order banning certain types of visas. 
- Green light – this does not pose a risk
- Criticism is focused on the actions, not the individual 
- Track record of criticism prior to the lections
- Timing is well before the election
- Trigger is a non-election event (the EO)
Example 2 – Marisa Ordonia is a Senior Associate Attorney at Earthjustice’s regional office in Seattle. In this clip, Marissa speaks about a case against the Trump administration. 
- Green light – this does not pose a risk
- Track record: 115 cases against the administration
- No references to voters or election
- Timing is well before the election
- Non–electoral trigger