Nonprofit Nonpartisanship Explained

The Johnson Amendment of the IRS 501(c)(3) code enshrines nonprofit nonpartisanship, protecting charitable nonprofits, private foundations, and religious congregations from partisan election-related activity. The power of nonpartisanship comes from this statute: 

• Nonpartisanship respects the diversity of political opinions among your staff, volunteers, and the people you serve, keeping the focus on your mission. 

• Nonpartisanship strengthens your ability to advocate across (and without regard to) partisan lines, giving you access to a diverse community of leaders and funding sources. 

• Nonpartisanship reinforces the role of charitable nonprofits as trusted messengers who can engage populations that campaigns and candidates often miss. 

As a nonprofit, what can and can’t you do?

Nonprofits CAN:

• Promote and conduct voter registration 

• Educate voters on where, when, and how of voting 

• Encourage and remind people to vote 

• Distribute nonpartisan sample ballots, candidate questionnaires, or voter engagement guides 

• Host or co-sponsor a candidate forum in nonpartisan ways 

• Host or co-sponsor events where people can learn about ballot measures and how the outcomes may affect their lives 

• Educate community members in nonpartisan ways on candidates and what the offices do 

• Encourage staff to serve on Election Day as a poll worker, translator, or other nonpartisan volunteer 

• Continue issue advocacy during an election 

• Support or oppose ballot measures 

Nonprofits CANNOT:

• Endorse a candidate or express support or opposition for any candidate or party (even for nonpartisan offices) 

• Make a contribution to, or expenditure for, a candidate 

• Rate candidates on who is more favorable to your issue(s) or sharing messages or materials that rate or rank candidates 

• Letting candidates use the organization’s facilities or resources, unless those resources are made equally available to all candidates at their fair market value 

Learn the ins, outs, and in-betweens of nonprofit nonpartisanship with this Nonprofit Voter Engagement Guide from our partners at the National Council of Nonprofits.