Advocacy Question of the Week

Question: A very critical measure will appear on our state ballot this November. Can our 501(c)(3) work to defeat this ballot measure?

Answer: Yes! Even though the measure appears on a ballot, usually alongside candidates for public office, work for or against ballot measures is a permissible lobbying activity, not a prohibited political activity.

Ballot initiatives, referenda, state constitutional amendments, bond measures, or similar measures are legislative proposals submitted for approval by the voters. In this case, the voters act as legislators deciding whether to approve or defeat a piece of legislation. Activity to influence the outcome of this vote would be a lobbying activity.

501(c)(3) organizations may engage in a limited amount of lobbying and that limitation is determined by how the organization measures its lobbying (either the “insubstantial part test” or the “501(h) expenditure test”).

But remember: 501(c)(3)s are absolutely prohibited from supporting or opposing candidates for public office. Just because you can work on a legislative measure appearing on the ballot does not mean that you can also comment on candidates included on the same ballot.

If you have specific questions about ballot measure activity, or to utilize Alliance for Justice's free Technical Assistance, use our online request form, or call 1-866-NP-LOBBY during regular business hours.