What can charities do now to prepare for elections?

The Trump Administration has tried to settle a case brought by the National Association of Religious Broadcasters by agreeing not to enforce the prohibition on electioneering against churches supporting or opposing candidates in regular “family discussion concerning candidates.” It has promised a statement of its proposed policies before the end of 2026.  So far, it appears that it will not enforce the rules against churches, but may leave the rule standing, probably with very little enforcement, against other charitable organizations.  If I were running a charity other than a church, I would not assume that the rule will be eliminated as to my organization at any time in the near future.

Although the Administration has talked about identifying certain organizations with views it doesn’t like for possible removal of their tax-exempt status, it has not yet taken a stand to question non-partisan voter registration efforts.  A charity that wants to help its constituents be in a position to vote could begin to offer registration assistance to all of its constituents now.  With so many elections being decided by very few votes, particularly at the state or local level, it could help keep democracy alive amid efforts to limit the vote.

If you do undertake a voter registration drive with constituents be sure that you are making it non-partisan to comply with federal tax law and also that you are not violating any state or local rules designed to hinder third party efforts to help people register.  Not all public officials want more voters to participate and some of them have passed laws that make it more difficult for third parties to help.  Ask a local election lawyer for assurance that your program will be effective and not in violation of an obscure rule designed to prevent what you plan to do.