Issue Briefs

About

During each gubernatorial and federal election cycle, colleges and universities are required by the HEA to assist students with the voter registration process. Encouraging, informing, and facilitating widespread civic engagement has long been a basic principle of higher education. The required voter registration activities must be nonpartisan and apply to all federal and gubernatorial elections, as well as special elections for such offices.
 
Private, nonprofit colleges and universities are prohibited from participating directly or indirectly in any political campaign either for or against a candidate for elected office.  However, they are allowed to participate in nonpartisan election-related activities. Because of their 501 (c)(3) nonprofit status, private college and university leaders must be aware of the political campaign activities that can and cannot be arranged on campus, according to IRS and FEC rules and regulations. Colleges that do not adhere to these regulations risk losing their nonprofit status.

Federal Requirements

As each gubernatorial and federal election campaign season begins, campus-based student activism naturally increases. College and university leaders need to remain up-to-date on their statutory obligations and the “do’s and don’ts” of political activity on campus. 
 
Specifically, institutions must show a good-faith effort to distribute in-state voter registration forms to all students enrolled or attending class on campus. This requirement can be fulfilled by sending email messages to students with links to state registration forms, as long as the messages are devoted exclusively to voter registration.  
 
To assist campuses with these efforts, NAICU maintains the Your Vote Your Voice website, which supports civic engagement activities among students. The website includes a direct link to a national voter registration website and provides tools and resources to assist colleges with voter registration activities.   

With regard to political activity, the IRS has issued a Frequently Asked Questions series on the Ban on Political Activity at 501(c)(3) Organizations. This resource covers the details of what is allowed and prohibited for nonprofits, including colleges and universities. Additionally, the American Council on Education publishes a bi-annual issue brief (Issue Brief: Student-Voting and College Political Campaign-Related Activities in 2024), which is also a helpful guide to the rules applying to 501 (c)(3) tax-exempt institutions.

Generally permitted activities for institutions include:

• Voter education: Colleges are required to make a good faith effort to provide in-state voter registration forms to students before the state voter registration deadline.  Colleges can meet the requirement by sending an email focused on voter registration and containing a link to the state voter registration website.  Colleges are allowed to provide voter education activities, such as training on the basics of the electoral process and nonpartisan get-out-the-vote activities.

• Candidate appearances: Political candidates may appear on college campuses as long as equal access is offered to all FEC legally registered candidates to speak, have campus radio air time, or participate in a public forum, for example.

• Issue advocacy: Colleges are allowed to participate in issue-based advocacy as long as it is nonpartisan and does not target a candidate or political party.  However, when taking a position on an issue, colleges need to be careful not to do so in a way that would point students toward one candidate over another.

• Faculty, staff, and administration activities: Campus faculty, staff, and administration may participate in electoral campaign activities of their choosing as long as it does not take place during their work hours for the college, does not invoke the endorsement of the college, and does not use any college funds, supplies, or equipment to participate.

Generally prohibited activities for institutions include:

• Endorsing (or opposing) candidates, including rating candidates and commenting on specific candidate actions in any form, such as electronic message boards and social media.

• Fundraising for candidates on campus or using college funds, supplies, or equipment for fundraising purposes.

• Using institutional letterhead or logos to support (or oppose) a candidate or political party.

• Coordinating voter education activities with candidate campaign events or sponsoring campaign events.

The lists above are general and illustrative.  State election laws may include additional rules for colleges and universities. Colleges should always consult with counsel before engaging in political campaign activities.

Additionally, the Trump Administration in February 2026 issued guidance to institutions advising them to refrain from using any data or information derived from the National Study of Learning, Voting, and Engagement (NSLVE) pending its investigation of potential Family Educational Rights and Privacy Act (FERPA) violations. The NSLVE is a nonpartisan longitudinal study of student voting engagement that was launched in 2013. Subsequently, the National Student Clearinghouse, which collaborated with NSLVE to collect and process student data, announced that it would end its participation agreements with the more than 1,000 institutions that cooperated with the study—thus severing its relationship with NSLVE.