Can 501(c)(3) Nonprofits Send Political Texts?

Short answer: a 501(c)(3) nonprofit can text about issues, legislation (within limits), and nonpartisan civic participation, but it can never text support for or opposition to a candidate for public office. The line is drawn by the Internal Revenue Code, and crossing it puts tax-exempt status at risk.

That one-sentence rule hides real complexity. "Political" covers everything from "vote yes on the housing bond" to "call your senator" to "here is where every candidate stands." Some of those texts are fully permitted, some are permitted within measured limits, and one category is flatly prohibited. This guide maps the categories, applies them to SMS specifically, and adds the second rulebook nonprofits forget: the telecommunications rules that govern the sending itself.

This article is general information, not legal advice. For decisions about your organization's specific activities, consult a nonprofit attorney.

Key takeaways:

• Section 501(c)(3) of the Internal Revenue Code absolutely prohibits campaign intervention: no texts supporting or opposing candidates for public office, ever.
• Lobbying, urging action on specific legislation, is permitted within limits: the "no substantial part" test by default, or the measured expenditure limits of the 501(h) election.
• Issue advocacy, education, and nonpartisan voter engagement (registration, reminders, unslanted candidate information) are permitted and are among the most valuable things a nonprofit can text.
• Every political or advocacy text must also satisfy the Telephone Consumer Protection Act (TCPA): consent, identification, opt-out handling, and registered sending routes.

The three buckets of "political" texting

Bucket 1: campaign intervention, prohibited entirely

Section 501(c)(3) conditions tax exemption on the organization not participating or intervening in "any political campaign on behalf of (or in opposition to) any candidate for public office." This prohibition, often called the Johnson Amendment after its 1954 sponsor, is absolute: there is no de minimis allowance, and violation can mean revocation of exempt status and excise taxes under Section 4955.

Applied to SMS, a 501(c)(3) may not text:

• Endorsements or opposition, explicit or implied ("Candidate X shares our values")
• Fundraising links for candidates, parties, or PACs
• Get-out-the-vote messages targeted to help a particular candidate or party
• "Voter guides" written or timed to favor one candidate

The IRS analyzes context, not just wording. Revenue Ruling 2007-41 walks through fact patterns showing how timing, targeting, and issue framing can turn an ostensibly neutral message into intervention. A text about an issue closely identified with one candidate, sent to a swing audience days before the election, can be intervention even without naming anyone.

Bucket 2: lobbying, permitted within limits

Lobbying is attempting to influence specific legislation, and 501(c)(3) public charities may do it, within bounds. Two regimes exist:

Regime	The rule	Practical character
"No substantial part" test (default)	Lobbying may not be a substantial part of activities	Vague, facts-and-circumstances
501(h) election (Form 5768)	Expenditure-based sliding-scale limits under Sections 501(h) and 4911	Defined dollar limits, generally considered clearer and safer for active advocates

Texts like "Ask your state senator to vote yes on SB 214, tap to find your legislator" are direct lobbying; texts urging the public to contact legislators about specific legislation are grassroots lobbying, which has lower limits under 501(h). Both are legal within the applicable limits, and both should be tracked and reported accurately on Form 990.

Ballot measures are a frequent surprise: because the voters are the legislature for a referendum, urging a yes or no vote on a ballot measure is lobbying, not campaign intervention. It is permitted within lobbying limits even though it says "vote."

Bucket 3: issue advocacy and civic engagement, broadly permitted

Everything outside candidates and specific legislation is open ground:

• Educating on issues connected to your mission
• Storytelling, research, and calls to learn more
• Nonpartisan voter registration, education, and turnout, conducted without reference to any candidate or party and without targeting designed to favor one
• Election-logistics reminders: registration deadlines, polling locations, voting hours

Nonpartisan election work is affirmatively encouraged in IRS guidance, provided it stays genuinely neutral in content, targeting, and timing. For campaign design in this bucket, see the nonprofit advocacy SMS guide.

The second rulebook: TCPA and carrier rules

Tax law decides what you may say; telecommunications law decides how you may send it. Advocacy texts are subject to the same rules as any organizational SMS:

• Consent. The TCPA (47 U.S.C. 227) requires prior express consent for autodialed texts to mobile numbers. The FCC's 2020 P2P declaratory ruling clarified that genuinely person-initiated peer-to-peer texting, where a human sends each message, is treated differently from autodialed traffic, which is why organizing programs use P2P tools; the mechanics are covered in the peer-to-peer texting guide.
• Identification and opt-out. Every message identifies the organization, and STOP must work immediately, consistent with CTIA guidelines.
• Registration. US organizational traffic runs on registered routes (10DLC). Carriers apply particular scrutiny to political and advocacy campaigns during registration; accurate campaign descriptions and working opt-in evidence keep advocacy traffic deliverable.
• Quiet hours. Federal and state timing windows apply, and election season does not suspend them.

Violating this rulebook does not threaten your exemption, but statutory damages of 500 to 1,500 dollars per message under the TCPA can threaten your budget.

A practical decision test for any draft text

1. Does it support or oppose a candidate, explicitly or in context? If yes, do not send it, in any season, from any 501(c)(3) list.
2. Does it urge action on specific legislation or a ballot measure? If yes, it is lobbying: confirm you are inside your limits and log the activity.
3. Is it issue education or nonpartisan civic participation? Send it, with normal SMS compliance.
4. Is it election-adjacent in timing? Apply extra care: neutral wording, neutral targeting, and a documented nonpartisan purpose, per Revenue Ruling 2007-41.

Two governance habits make the test stick: designate one reviewer for any message touching legislation or elections, and keep a written log of advocacy sends with their classification. If your staff or volunteers also do personal political work, keep it entirely off organizational numbers, lists, and platforms; a 501(c)(3)'s resources are part of the prohibition.

What about 501(c)(4)s and affiliated entities?

Some nonprofits operate an affiliated 501(c)(4) social welfare organization, which may lobby without the (c)(3) limits and may engage in some candidate activity as a non-primary purpose. The entities must keep separate lists, separate numbers, separate funds, and separate messaging programs. Sharing an SMS list between a (c)(3) and a (c)(4) engaged in candidate work is the kind of resource-sharing that draws exactly the scrutiny separation exists to avoid.

Frequently asked questions

Can a 501(c)(3) send texts supporting a candidate?

No. Section 501(c)(3) absolutely prohibits campaign intervention, including texts that endorse, oppose, fundraise for, or in context favor any candidate for public office. Violations risk revocation of exempt status and excise taxes. The prohibition covers implied support, not just explicit endorsements.

Can a 501(c)(3) text supporters to contact legislators?

Yes, within lobbying limits. Urging action on specific legislation is lobbying, permitted under the "no substantial part" test or the clearer expenditure limits of the 501(h) election. Grassroots lobbying texts, those urging the general public to act, count against lower sublimits under 501(h).

Can nonprofits send get-out-the-vote texts?

Yes, if genuinely nonpartisan. Voter registration, election reminders, and polling information are permitted when content, targeting, and timing do not favor any candidate or party. IRS Revenue Ruling 2007-41 provides the fact patterns the IRS uses to judge neutrality.

Are ballot measure texts campaign intervention?

No. Urging a vote on a ballot measure is lobbying, because the electorate acts as the legislature, so it is permitted within a 501(c)(3)'s lobbying limits rather than prohibited. It still requires tracking, and normal TCPA consent and disclosure rules apply to the sending.

Do political texts have special TCPA rules?

Advocacy texts follow the same TCPA framework as other organizational messages: consent for autodialed sends, sender identification, immediate STOP handling, and quiet hours. The FCC's 2020 ruling on peer-to-peer texting addresses human-initiated messaging, which is why many organizing programs are built on P2P tools.

Conclusion

The rule is stable even when elections are not: candidates never, legislation within limits, issues and nonpartisan civic life freely. Put a classification step in front of every election-season send, log your lobbying, keep affiliated entities genuinely separate, and run the sending itself on consented, registered, opt-out-honoring rails. A 501(c)(3) that texts inside those lines can be a loud, effective civic voice without ever endangering the exemption that makes its work possible.

Building an advocacy or civic engagement texting program? Contact the FRANSiS team to see how nonprofits run compliant two-way campaigns, or explore the nonprofit solutions overview.