Nonprofit organizations active in state or local California ballot measure campaigns must comply both with federal tax law and California ballot measure disclosure laws. Federal tax law permits public charities to engage in a limited amount of ballot measure advocacy. Under California law, organizations engaging in certain activities to support or oppose a ballot measure may need to disclose their expenditures in support of or opposition to the ballot measure, as well as the names of donors whose contributions were used to support the organization’s ballot measure activities. However, the following activities are exempt from California’s disclosure laws and can be done by an organization without fear of triggering any special disclosure reports.
Bolder Advocacy Resource Library
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Ballot Measures and Public Charities: Yes, You Can Influence That Vote
Factsheet
Ballot Measures and Recalls: Basic Rules for 501(c)(3) Public Charities, 501(c)(4)s, and Unions
Factsheet
Being A Player: A Guide to the IRS Lobbying Regulations for Advocacy Charities
Guide
A user-friendly guide that reviews federal tax laws that govern lobbying by 501(c)(3) public charities.
Topics
Benchmarks for Advocacy Evaluation
Guide
Topics
Board Members and Election-Year Activities
Factsheet
501(c)(3) organizations are prohibited from supporting or opposing candidates for public office (“campaign intervention”). This prohibition, however, does not apply to the activities of 501(c)(3) board members when they are acting in their individual capacity. This fact sheet can help an organization and its board members avoid having personal activities attributed to the organization.
Topics
California Election Year Activities: How 501(c)(4) Social Welfare Organizations, Labor Unions, and Trade Associations Can Support and Oppose Candidates in California
Factsheet
Is your organization active in California legislative or administrative policy change? California has a sunshine law designed to reveal who has influence on California politics, and that sunshine law may apply to your organization. An organization is required to register and report its California lobbying activities if it exceeds specific monetary thresholds, or if an employee(s) of an organization spends enough time communicating with certain state officials. Just because an organization engages in lobbying at the state level in California does not necessarily mean it will have reporting obligations under state law. This factsheet will help you understand if your organization should report as a $5,000 Filer, a Lobbyist Employer, or neither.
Candidate Appearances: Foundations Can Host or Fund Nonpartisan Candidate Appearances
Factsheet
Candidate Questionnaires and Voter Guides
Factsheet
Primer on Social Welfare Organizations: Using 501(c)(4) Organizations for Good
Guide
This handy, comprehensive booklet tackles an issue that concerns nonprofits and funders alike: how to take advantage of the unique capabilities of 501(c)(4) social welfare organizations to drive positive social and political change.
Topics
Public Foundations Can Lobby
Factsheet
Supporting or Opposing Ballot Measures in California: What Do You Need to Disclose?
Factsheet
This fact sheet discusses what type of reporting may be required for nonprofits supporting or opposing ballot measures in California.
Topics
The Nonpartisan Analysis, Study, or Research Exception to IRS Lobbying Rules
Factsheet
The nonpartisan analysis, study, or research exception (“nonpartisan analysis exception”) is one of four categories of exceptions to the IRS definitions of lobbying communications. This means that although a communication may meet the definition of lobbying, your organization will not have to count it as a lobbying expense. This fact sheet focuses on the nonpartisan analysis exception definition, and highlights the rules about the subsequent use of these communications.
Topics
Sample Grant Agreement
Factsheet