117: Free Therapy for Wallabies | Political Activity for c3 Nonprofits & the Heritage Foundation

117: Free Therapy for Wallabies | Political Activity for c3 Nonprofits & the Heritage Foundation

Author: Jess Birken, MNM, JD July 25, 2024 Duration: 21:06

Ever wondered what nonprofits can and can't do when it comes to politics?

On today's episode of Charity Therapy, Meghan and I are diving into the tricky world of political activities for 501c3 nonprofits. We'll chat about the dos and don'ts of voter engagement, why 501c3s can't endorse candidates, and how 501c4s have more wiggle room in the political arena. Plus, we touch on the buzz around the Heritage Foundation and Project 2025. Spoiler: it's more complicated than you think!

We also tackle some common misconceptions about how the IRS handles complaints about nonprofits. It's not as simple as just filling out a form and sending it off. We'll talk about the reality of IRS oversight, the importance of detailed documentation, and why state attorney generals might be your best bet if you suspect a nonprofit is up to no good. If you've ever wondered how to properly report nonprofit misconduct, this episode is a must-listen.

By the end of our chat, you'll have a clearer understanding of the rules nonprofits need to follow, and you might even find some humor in the chaos of IRS paperwork (yes, really!). Grab a cup of coffee, sit back, and let's navigate these nonprofit political regulations together.

In this episode, you will hear:

  • The political dos and don'ts of 501c3 nonprofits

  • 501c4s have way more freedom in politics than 501c3s

  • Can you really shut down Project 2025 by filing a complaint with the IRS?

  • Why filling out Form 13909 isn't a magic wand

  • The IRS is like a turtle while, state attorney generals are more like watchdogs

  • How a TikTok-driven complaint tsunami can further slow down the IRS

  • File real evidence against a nonprofit with both the IRS and the state attorney general

Resources from this Episode

IRS Form 13909: www.irs.gov/pub/irs-pdf/f13909.pdf

Sign up for the Birken Law Email list: birkenlaw.com/signup

Facebook page: www.facebook.com/birkenlaw

Follow and Review:

We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.


Ever find yourself wishing for a direct line to seasoned nonprofit leaders, a chance to unpack the real challenges that don’t make it into the glossy annual reports? Charity Therapy is that conversation. With host Jess Birken, who brings her background as a lawyer and a Master of Nonprofit Management to the table, each session feels like pulling up a chair with a trusted advisor. The discussions move beyond theory, tackling the granular details of operations that leaders actually face-whether it’s navigating a tricky IRS compliance question, rebuilding a fundraising strategy from the ground up, or managing the complex interpersonal dynamics that define any mission-driven team. This podcast digs into the operational heart of the sector, offering pragmatic insights you can apply directly to your own work. It’s a resource built on the understanding that running a nonprofit is a continuous practice of problem-solving, and Jess guides these explorations with clarity and a deep respect for the work. Tune in for honest dialogue that treats the daily grind of management as the serious and nuanced craft that it is.
Author: Language: English Episodes: 100

Charity Therapy
Podcast Episodes
101: The Tough Love Episode [not-audio_url] [/not-audio_url]

Duration: 16:14
We're back again with another episode and spilling the beans on a tricky, often overlooked concept - private benefit. You'll want to tune in as we break down what private benefit even IS, plus why it plays such a crucial…
100: A Twinkie for Your Brain [not-audio_url] [/not-audio_url]

Duration: 19:08
On this episode of Charity Therapy, Meghan and I dig deep into Founderitis, also known as Founder's Syndrome, in the world of nonprofits. As we answer a listener's question about balancing founder power and decision-maki…
099: Pump It Up! [not-audio_url] [/not-audio_url]

Duration: 16:33
On this episode of Charity Therapy, Meghan and I break down nonprofit bylaws and everyyyyything you didn't even know you needed to know. Trust me - by the end of this episode, you'll be a nonprofit legal eagle! From the…
098: Politics Are Weird [not-audio_url] [/not-audio_url]

Duration: 12:36
In this episode of Charity Therapy, Meghan and I are diving into the nitty-gritty of politics within the nonprofit world. Have you ever wondered if your nonprofit can hire someone running for local office? Well, a listen…
097: Girl Scouts & Vocabulary Lessons [not-audio_url] [/not-audio_url]

Duration: 20:09
In this episode of Charity Therapy, we're diving deep into the mysterious realm of nonprofit chapters and affiliates. If you've ever been perplexed by the nonprofit world's labyrinth of structures and systems, we've got…
096: This Ain't the Hobbit! [not-audio_url] [/not-audio_url]

Duration: 18:32
In this episode, we're tackling a BIG topic in the nonprofit world - how much should you do yourself vs hiring a professional? The nonprofit sector is FULL of DIYers, and sometimes that can get people into trouble. We've…
095: Meeting Skeletons [not-audio_url] [/not-audio_url]

Duration: 17:27
Hey there, nonprofit party people! In this episode of Charity Therapy, we're back again, diving headfirst into a topic that sounds about as thrilling as watching paint dry: meeting minutes. But stick with us! This episod…
094: The Anxiety Conga Line [not-audio_url] [/not-audio_url]

Duration: 20:38
In this episode of Charity Therapy, Meghan and I bravely step into the IRS maze. Don't worry - we've got a flashlight and a sense of humor to guide us through! We talk about the unexpected humanity we found within the wa…
093: Buses and Boats and RVs, Oh My! [not-audio_url] [/not-audio_url]

Duration: 23:51
Hi there, fellow nonprofit champions! In this episode of Charity Therapy, we're diving deep into the tangled world of strategic planning and how to lead a nonprofit team without losing your sanity. Our guest is Avi Olitz…
092: Red Flags & Lemonade Stands [not-audio_url] [/not-audio_url]

Duration: 18:06
Hey there! Welcome back to another exciting episode of Charity Therapy! We're diving into the complexities of moving a nonprofit organization this time. Yes, you heard that right - relocating an entire nonprofit. Sounds…