Advocacy Question of the Week

Question:  Can our 501(c)(3) ask candidates for public office to deliver on a specific initiative if elected? 

Answer:  It depends. 

If you are asking a candidate to make a promise, then the answer is no.  Under the federal tax code, 501(c)(3)s are prohibited from directly or indirectly supporting or opposing candidates for public office.  Your 501(c)(3) nonprofit may not ask candidates to sign pledges of support for your issues, endorsements for your nonprofit's agenda, or promises to make future decisions.    

However, if that candidate was elected and is now a sitting officeholder, then the answer is yes.  Your 501(c)(3) may hold sitting officials accountable for their decisions – you may lobby sitting officials, educate them, and even criticize or praise them for their decisions.  For example, if, as a candidate, a currently sitting legislator promised to introduce legislation to ban handguns, your nonprofit may encourage the legislator to follow through or criticize the legislator for abandoning the issue. 

It is generally a good idea, though, to carry on your criticism/praise throughout both even- and odd-numbered years.  Starting to criticize an incumbent close to an election may appear to be impermissible opposition to/support for a candidate.