Please note: This blog post does not constitute legal advice and is for educational purposes only. Further, legal services organizations should be aware of restrictions that prohibit LSC-funded legal aid organizations from engaging in voter registration. See 45 CFR 1608.6(c), https://www.ecfr.gov/current/title-45/subtitle-B/chapter-XVI/part-1608
As we gear up for the upcoming presidential election in November, nonprofits have a unique opportunity to make a powerful impact on the communities we live in and work with by engaging in voter registration efforts. Engaging in voter registration not only strengthens democratic processes but also helps communities voice their needs and priorities. Nonprofits play an important role in communities by providing vital resources to neighbors and advocating on behalf of the most vulnerable at multiple levels of government. They have unique access to constituents and can bridge the gap that often exists between marginalized and underserved communities and voter registration rates. Especially in local elections, non-profits can educate community members about the candidates running for office, providing voters with the information they need to elect representatives who align with their needs and values.
There are rules and regulations for non-profit organizations to be mindful of when engaging in voter registration efforts. These regulations exist to ensure that 501(c)(3) non-profit organizations remain non-partisan and do not engage in what the IRS calls “electioneering”. This blog post describes some of the most important regulations to adhere to when engaging in this kind of work. Alliance for Justice and Democracy Capacity have created several resources from which this blog post has pulled information. The resources include information on lobbying as a non-profit in Pennsylvania, how to engage in voter registration efforts as a non-profit, and answering questions about what non-profit messaging can look like.
- The IRS allows 501(c)(3) non-profits to conduct voter registration and other civic engagement activities as long as they are non-partisan.
- Registered 501(c)(3) non-profits are not allowed to be partisan, meaning they are not allowed to advocate for or on behalf of a specific political party, or support or oppose any candidates for office. This rule does not apply to 501(c)(4) organizations.
- Putting out information on how to register and vote is allowed. Use official Pennsylvania sources to put out information about how to register and vote to ensure legal accuracy.
- Informing and encouraging voters to vote on the entire ballot is allowed as long as the messaging remains nonpartisan.
- Encouraging voters to submit a “protest vote,” skipping a vote or voting no, is NOT allowed. This activity is considered to be partisan.
- Voter registration drives are allowed by non-profits under Pennsylvania law. Applications to register can be printed, requested by the State, completed online, and embedded into your organization’s website. Be sure the voter signed the application as they are not considered complete otherwise.
- Pennsylvania allows providing transportation to get voters to the polls. Your organization must remain non-partisan and offer a ride to any voter.
- Programming for voters in line to vote – or “line warming” – is currently allowed, but the rules around these activities are constantly changing. Examples of line warming include distributing free food and water. It is best practice to read up on what the current legal landscape around this activity looks like at both the state and local levels before initiating a line warming effort.
- Phone and text banking is allowed, but strict federal telecommunications rules apply. It is best practice to use a call list or text banking interface that is not fully automated to not trigger federal robocall penalties.
For more information on rules and regulations applying to voter registration efforts in Pennsylvania, the following is a non-comprehensive list of helpful resources:
The following list of effective voter registration strategies serves as a starting point for your organization to utilize:
- Educational workshops can be helpful to educate the community about the importance of voting and what the registration process entails.
- Partnering with other local organizations can not only increase your organization’s capacity but can also help expand your outreach and credibility.
- Voter registration drives make registering to vote more accessible to community members.
- Digital campaigns and newsletters are important tools for disseminating critical information, such as registration deadlines and election dates.
- Creating and/or distributing multilingual materials can help broaden outreach efforts in the community.
Voter registration efforts are vital pillars of strengthening our democracy, amplifying community voices, fostering civic engagement, and building stronger communities. By following these strategies and understanding the regulations, your non-profit can play a role in empowering community members to exercise their democratic rights and contribute to shaping the future of their community, state, and country.