Over the past two days, the NC Senate and NC House of Representatives approved new congressional and state legislative maps to be used in elections between 2022 and 2030. Legislators redrew the maps after the NC Supreme Court issued an order two weeks ago finding that the maps originally approved by the NC General Assembly last year were unconstitutional. Over the next few days, a panel of three state court judges will work with three independent “special masters” (outside experts who advise the court) to assess whether the new maps constitute an unconstitutional partisan gerrymander. If the court finds the new maps legal, they will be used for this year’s election and could be used for other elections through 2030. Otherwise, the court will choose the maps to use for the 2022 election, possibly from maps submitted by plaintiffs in the lawsuits challenging the original maps. Either way, the maps should be finalized by February 23.

The new maps for the U.S. House of Representatives, NC Senate, and NC House of Representatives differ from the original maps in several ways:

Despite these changes from the original maps, the majority of the newly-drawn state legislative districts appear to be non-competitive in general elections. Under the new congressional map, four of the state’s 14 districts would be competitive in general elections. Currently, none of North Carolina’s congressional districts are considered competitive districts in general elections.

In the past, the Center has expressed concerns that this type of gerrymandering (i.e., overly partisan redistricting plans) diminishes nonprofits’ influence on public policy because it tends to create non-competitive congressional and legislative districts and makes elected officials more responsive to their partisan political donors than to the nonpartisan nonprofits providing services in their districts. Because most state legislative districts remain non-competitive, there is no guarantee that the newly-drawn maps will do much to help promote nonprofits’ influence on public policy at the General Assembly.

As the COVID-19 pandemic nears its second anniversary in the United States, charitable nonprofits continue to face financial and operational challenges related to the pandemic and to the nonprofit workforce shortage. As you know all too well, these challenges are making it difficult – and unsustainable – for nonprofits to provide needed programs and services in our communities.

Our elected leaders in Washington, D.C. have the power to help address many nonprofit pandemic and workforce shortage challenges. But for that to happen, we need organizations like yours to join a national effort to persuade President Biden and leaders in Congress to prioritize policy solutions to help solve three major problems that are hindering the work of nonprofits:

Will you join us right now in adding your nonprofit’s name to the national sign-on letter urging federal policymakers to enact several specific policy solutions that would address these three issues?

We know from experience that policy proposals like these have a much greater chance of adoption when the constituents they’re meant to help show their support by contacting their lawmakers. With your help, we can show every member of North Carolina’s congressional delegation that nonprofits in their districts want these measures. 

Please take one minute today to join the Center and 70+ other North Carolina nonprofits by adding your nonprofit’s name to this letter. You can read this background information to learn more about the specific policy solutions that nonprofits are seeking. 

We’ll be sure to let you know when your further action can help to move these proposals along, so thank you in advance for keeping your eyes out for future action alerts – and thank you for the important work your nonprofit does in your community!

Yesterday evening, the U.S. Senate approved a continuing resolution (H.R. 6617) that will fund the federal government through March 11. The U.S. House of Representatives passed the continuing resolution last week, and President Joe Biden is expected to sign it into law today. Without the passage of this continuing resolution, parts of the federal government would have shut down tomorrow. Historically, federal government shutdowns have caused delays in payments from federal agencies to nonprofits and disruptions in the delivery of federal benefits.

The Nonprofit Finance Fund’s State of the Nonprofit Sector Survey is open through February 28. This national survey provides essential information about the financial health of nonprofits. In the past, policymakers and the media have found data from the survey on North Carolina nonprofits compelling, particularly information on the nonprofit sector’s finances, demand for services, and capacity to meet community needs. This is the first time the Nonprofit Finance Fund has conducted the survey since the start of the pandemic, so this year’s survey will be particularly important in assessing the current health of North Carolina’s nonprofit sector.

The Center strongly encourages you to take the time to complete this survey somtime in the next 10 days. The more North Carolina nonprofits that respond, the clearer picture we will have of the finances, capacity, and needs of nonprofit organizations throughout the state. Your responses to the survey will provide important data to support and inform the Center’s work to advocate with your nonprofit for policy solutions that will strengthen our organizations and communities.

The newly-formed Joint Legislative Committee on Medicaid Expansion and Access to Healthcare is meeting for the first time this morning. Over the next several months, the bipartisan committee will explore a variety of policy issues that could improve access to healthcare for North Carolinians. Among other things, the committee will explore whether North Carolina should join 38 other states in accepting Medicaid expansion, which would provide health coverage for the more than 500,000 North Carolinians with incomes too high to qualify for Medicaid but too low to purchase their own private health insurance or to receive federal support to help pay for health coverage. With ever-rising health care costs, these North Carolinians in the coverage gap are turning more and more to nonprofits to meet many of their basic needs, such as health care, food, housing, and childcare. The Center and many other nonprofits support Medicaid expansion because it would help close this coverage gap and reduce burdens on nonprofits.

Legislative leaders hope that the committee can make recommendations on legislation to adopt a form of Medicaid expansion and to other healthcare policy changes that will improve access to healthcare for individuals, businesses, and nonprofits throughout the state. Legislators could vote on the committee’s recommendations in a special session this fall.

A new state law that took effect on January 1, 2022 requires local government elected officials who serve on nonprofit boards to recuse themselves from decisions to provide government funding to those organizations. The law means that most local officials who serve on nonprofit boards won’t be allowed to vote on local government budgets that include funding for the nonprofits on whose boards they serve. The nonprofit funding provision in the bill only applies to cities, towns, or villages with more than 15,000 residents and to counties that have municipalities with 15,000 or more residents. 

The Center has heard from nonprofits that some county and city attorneys are advising county commissioners and city council members to resign from nonprofit boards to ensure compliance with the new law. It is important to note that nothing in the law prohibits local elected officials from serving on nonprofit boards. However, the Center is concerned that the overly strict interpretation of the new law could force some public servants to resign from nonprofit boards. The Center continues to work with lawmakers, state officials, and local government advocates for a solution to this potential issue. To help nonprofits and policymakers better understand the impact of the new law on nonprofit boards, the Center has prepared a one-page information sheet.

Let us know if local elected officials who serve on your nonprofit’s board have expressed concerns about continuing to serve your organization because of this new law.

Yesterday, Governor Roy Cooper and the NC Department of Health and Human Services (DHHS) encouraged local governments and public school systems throughout the state to end mask mandates by March 7. The recommendation signals a shift in the state’s response to the COVID-19 pandemic, with DHHS also encouraging all North Carolinians ages five and older to get COVID-19 vaccines and everyone 12 and older to get boosters as soon as they are eligible. During the pandemic, many nonprofits – particularly those serving vulnerable populations like seniors and immunocompromised individuals – have adopted policies requiring employees, clients, and/or guests to wear masks at their facilities. While yesterday’s announcement doesn’t directly affect nonprofits’ policies, the end of most local government mask mandates may make it more difficult for nonprofits to enforce their own internal mask requirements.

Separately, the NC General Assembly approved the Free the Smiles Act (S.173) yesterday. This bill would allow parents of public school children to opt their children out of any school mask requirements. If it becomes law, the bill would not directly affect nonprofits. However, for nonprofits that provide services in public schools, the bill would make it difficult to enforce policies requiring that participants in the nonprofits’ programs and services wear masks. It is unclear whether Governor Cooper will sign the bill, veto it, or allow it to become law without his signature.

Yesterday, Nonprofit VOTE published a new “America’s Nonprofits Get Out the Vote” report finding that about 20% of nonprofits report that they are involved in nonpartisan voter engagement activities such as voter registration, voter education, and get-out-the-vote activities. Further, about one-third of nonprofits serving historically underrepresented communities and nearly half of nonprofits led by People of Color engaged in these nonpartisan election-related activities. Hopefully the report helps encourage nonprofits – and their funders – that nonpartisan voter engagement is legal, mission-related, and impactful.

North Carolina is one of many states with evolving election laws and new congressional and state legislative maps for the 2022 election. To help nonprofits navigate this changing electoral landscape, Nonprofit VOTE is offering a free webinar on nonpartisan voter engagement in the 2022 midterm elections. The webinar will be on Tuesday, February 22 at 2 p.m. Register today.

Registration is open for the Nonprofit Management Institute! Join this virtual cohort of nonprofit executives, managers, and board leaders to assess your organizations’ management practices, discuss successes and challenges, and build strategies to fill the gaps and create long-term sustainability. The six-session series will cover board governance, program design and evaluation, strategic planning, fundraising, financial management, and human resources. Participants graduate with a Nonprofit Management Institute certificate and can earn up to 15 credit hours as part of the Duke University Nonprofit Management Program. Discounts available for Center members and staff/board teams. Register now.

Yesterday, the U.S. Department of Homeland Security’s (DHS) proposed a much narrower version of the “public charge” regulation that had been stopped by a court in November 2020. Since the 19th Century, American immigration officials have been allowed to deny visas to people who were deemed likely to be a “public charge,” meaning they would rely principally on government assistance. The public charge rule allows immigration officials to give greater weight to applicants' medical history, income levels, and dependency on public assistance in determining whether to grant lawful immigration status. The new proposal, which DHS deemed “fair and humane” would not allow immigration officials to consider noncash assistance like the Supplemental Nutrition Assistance Program (SNAP) or Medicaid in applying the rule. Many nonprofits had expressed concerns that the Trump-era public charge rule, which took many noncash benefits into consideration, would discourage immigrants from using public benefits such as SNAP and Medicaid and would cause disparate treatment of immigrant families who are at or near the federal poverty level. The new rule will be open for public comment for 60 days after it is published in the Federal Register.

The Center provides Nonprofit Policy Update each week as a benefit to its nonprofit members. However, to help all North Carolina nonprofits respond to the COVID-19 pandemic, we're temporarily providing this newsletter to non-member nonprofits. Don’t miss out – become a member to ensure you continue receiving these updates along with many other valuable benefits.