Rules of the Game: Voter Assistance & Election Protection
Topics
Election Related Activities, Influencing Legislation, Lobbying, Public Charity Advocacy
In this episode, we break down practical ways nonprofits can help voters navigate the electoral process — from answering questions and monitoring polling places to helping voters understand their options and addressing problems that arise before, during, and after Election Day. Remember, the goal is to help eligible voters participate in the voting process without putting a 501(c)(3)’s tax-exempt status at risk.
Our Attorneys for this Episode
- Monika Graham
- Susan Finkle Sourlis
- Tim Mooney
The Golden Rule: 501(c)(3)s Must Remain Nonpartisan
501(c)(3) public charities are absolutely prohibited from directly or indirectly participating or intervening in a political campaign on behalf of, or in opposition to, any candidate for elective public office. This applies to federal, state, and local candidates.
But remaining nonpartisan does not mean 501 (c)(3)s but remain silent and still. (c)(3)s can conduct voter registration, voter education, nonpartisan GOTV, and voter-protection activities as long as those activities are conducted in a nonpartisan manner. Again, the goal is to promote civic engagement – not influence the outcome of an election.
What is election protection?
Election protection encompasses activities designed to help ensure that eligible voters can exercise their right to vote and that problems in the voting process are identified and addressed. Some examples include:
- Poll monitoring or observing
- Providing voter information and education
- Staffing an election-protection hotline
- Helping voters understand voting procedures
- Monitoring the counting process
- Assisting with ballot-curing processes where permitted
- Providing transportation or other nonpartisan assistance to voters
What does voter assistance look like?
Voter assistance can include helping people understand:
- Registration requirements and deadlines
- Where and when to vote
- Early voting options
- Vote-by-mail procedures
- Voter identification requirements
- Language-access resources
- Accessibility accommodations
- What to do if they encounter a problem at the polls
What about rides to the polls?
- Transportation is an important example of why nonprofits need to look beyond federal tax law.
- A 501(c)(3) public charity can generally provide free rides to the polls as a nonpartisan voter-assistance activity, but there is an important caveat – state and local election laws can impose additional restrictions.
- Before launching a voter-assistance program, check the rules in the state where the activity will occur.
- For example, providing refreshments or water to voters waiting in long lines at polling places is regulated by state law, and the rules vary from state to state. In Texas, for instance, it is prohibited to provide anything to voters waiting in line – not even a bottle of water – while other states may permit such assistance.
What happens when a voter encounters a problem?
Election protection can also mean having a plan for responding when something goes wrong. Organizations may want to establish:
- A clear process for documenting voter-access problems
- Training your staff and volunteers on the regulations surrounding voter protection and election assistance
- Make sure everyone knows the election-protection hotline or referral system
- Make sure that you document problems.
- Protocols for escalating urgent issues
- Access to helpful resources:
- Secretary of State and County Election Boards
Key Takeaways
501(c)(3) organizations don’t have to sit on the sidelines during election season. (c)(3) organizations play an important role in helping people register, understand the voting process, overcome barriers, and exercise their right to participate as long as those activities remain nonpartisan and comply with applicable federal, state, and local rules. Keep the following pro tips in mind when encouraging civic participation:
- Stay nonpartisan. The organization must make services available to everyone without regard to a voter’s candidate or party preference and cannot target communities because they are likely to support or oppose a particular candidate or party.
- Check state law first. State laws can be much more restrictive than the federal rules and advocacy like providing rides-to-the-polls programs are regulated differently across states.
- Train volunteers and staff. Everyone providing assistance on behalf of the organization should understand the organization’s nonpartisan election season policy and all applicable federal, state, and local rules.