Permissible Candidate Engagement Activities

Slide 1:Permissible Candidate Engagement Activities

Mike Trister, Esq. Litchman, Trister & Ross, PLLC

Slide 2:Advocating on legislative and policy issues during an election year

501(c)(3) organizations may continue to advocate on legislative and policy issues during an election year, as long as they do not intervene in any election in support of or opposition to any candidate for public office.

Slide 3:Educating candidates

Engaging candidates in order to educate them on issues is permissible.

Slide 4:How groups can educate candidates

A group may provide educational materials to candidates. * If the group offers the materials to one candidate, is must offer them to ALL candidates for the same position. * If the group charges the public for materials, it must charge the candidates the same amount. * The group may not engage in research at the request of a specific candidate unless it has independent reasons for making this effort and it is willing to make the results available to all candidates.

Slide 5:How groups can educate candidates, cont.

A group may meet privately with candidates and campaign staff to discuss issues and urge them to support its position or specific legislation. * The group may not announce to the public, through a press conference, press release or otherwise, the results of the meeting if this suggests that the group is pleased or displeased with the candidate�s response.

Slide 6:How groups can engage candidates, cont.

A group may encourage its members and supporters to attend candidate appearances, debates, forums, etc. and to ask questions of the candidates concerning its issue. Alternatively, a group may work with the sponsors of such events to make sure that its issues are among the issues that will be included in the questions presented to the candidates. * The group may not target one or more candidates in order to embarrass or show support for them. * If the person asking the questions identifies her- or himself as speaking on behalf of the group, then the questions should not indicate the �correct� position that the group wants the candidate to take.

Slide 7:How groups can engage candidates, cont.

A group may sponsor or join with other groups in sponsoring a nonpartisan candidate debate or forum. * The debate or forum may not be limited to a narrow set of issues- such as pre-school education. However, a debate or forum on a variety of children�s issues is permissible. * The sponsors of the debate or forum may not indicate support for or opposition to any candidate, either through the form of the questions or otherwise.

Slide 8:How groups can engage candidates, cont.

A group may send questionnaires to candidates asking them their views on a variety of issues. A group may also encourage other groups, such as The League of Women Voters, to include questions about its issue in their candidate questionnaires. * If the results of the questionnaires are not going to be made available to the public until after the election, the questions may be specific and may indicate the group�s position on the issues raised. * If the results of the questionnaires are going to be distributed to the public before the election, the questions may not indicate the �correct� answer from the group�s standpoint.

Slide 9:How groups can engage candidates, cont.

A group may invite candidates and other public officials to visit facilities or attend one of its programs. * The group must invite all candidates for the same office, although they need not visit at the same time. * However, if a candidate declines the invitation, you can still continue to invite others running for the same office.

Slide 10:How groups can engage candidates, cont.

A group�s officers, directors, members and employees may engage in partisan political activities, as individuals if they do not identify their partisan activities with the group. * Public employees may be �Hatched�. * An employee must engage in these activities on his or her own time. * The group�s resources- equipment, office, mailing list- may not be used to support these individual volunteer activities. * The group may encourage its employees, members, officers, and directors to become active in campaigns, as long as it does not indicate a preference for any candidate.