States are racing to postpone Presidential primary elections and make other last-minute changes to slow the spread of the coronavirus. However, sudden changes in election dates, voting locations, and procedures creates confusion and barriers to the polls.

Nonprofits are needed now, more than ever, to ensure that the right to vote does not suffer under authorities’ efforts to protect public safety. Private foundations, public charities, and other tax-exempt entities can all engage in vital advocacy critical to our democracy.

Engage in Emergency Planning

Understanding what your state can do in an emergency is a critical step to building your organization’s advocacy plan.  Some states allow their governor, or other elected official, to declare an emergency and adopt policies to implement the election. In some states, the legislature can designate a contingency plan or method to allow those impacted by a disaster to vote in a non-traditional manner. And in most states, courts have been known to grant orders keeping the polls open, ordering ballots to be counted when a disaster prevented deadlines from being met, and requiring states to notify voters of changes in procedures. For a 501(c)(3) private foundation or public charity, calling on the governor to exercise emergency rule-making authority or joining in a lawsuit to expand the franchise is permissible and not lobbying for IRS purposes.

Support Legislative Efforts to Expand Alternative Options for Voting

In light of the public health emergency, NCSL is tracking pending state legislation and executive orders that would allow cancellation of an election, expand options for voting by mail, and allow single individuals to change the way elections are run. At the federal level, Congress is considering extra funding and a provision to allow Americans to vote by mail in the 2020 Election if 25% of the states declare an emergency. Private foundations can legally express public support or opposition for legislation, while public foundations and charities can go one step further and engage in direct and grassroots lobbying to influence the passage or defeat of legislation.