The nonprofit sector has a clear stake in the legislative process. From poverty to climate change to racial injustice, nonprofits work at the frontlines of the biggest problems we face today.

Nonprofits have reason to care about policies that could improve or worsen the issues affecting their communities. But what room do nonprofits have to influence legislation? Can’t you lose your tax-exempt status advocating for specific issues? 

The answer is more complex than a simple yes or no.

Let’s Talk Definitions

A 501(c)(3) is a type of nonprofit organization, or public charity, that is exempt from paying federal income tax. Not all nonprofits have 501(c)(3) status. For example, labor unions, chambers of commerce, and higher learning institutions all qualify as nonprofits, although they technically have a different tax status. 

In order to maintain their tax-exempt status, nonprofits have to adhere to certain rules and restrictions. One such restriction is that a nonprofit may not qualify for 501(c)(3) status “if a substantial part of its activities is attempting to influence legislation…”

What does it mean to influence legislation? Thankfully, the IRS offers guidance:

Legislation includes action by Congress, any state legislature, any local council, or similar governing body, with respect to acts, bills, resolutions, or similar items (such as legislative confirmation of appointive office), or by the public in referendum, ballot initiative, constitutional amendment, or similar procedure. It does not include actions by executive, judicial, or administrative bodies.

An organization will be regarded as attempting to influence legislation if it contacts, or urges the public to contact, members or employees of a legislative body for the purpose of proposing, supporting, or opposing legislation, or if the organization advocates the adoption or rejection of legislation.

Under this rule, these activities DO count as lobbying: 

• Tracking legislation with the express purpose of influencing legislation
• Urging your supporters to email lawmakers in support of a proposed bill
• Asking the city council to oppose adding a referendum to the ballot
• Voicing support for the appointment of a particular agency leader

These activities DO NOT count as lobbying:

• Tracking legislation to understand how proposed changes could impact your work
• Meeting with a lawmaker to educate them about your work generally
• Meeting with agency staff to share feedback on an RFP or publicly funded program
• Filing a lawsuit in order to bring a controversial issue before an appellate court

For more detail about what activities qualify as “influencing legislation,” see Internal Revenue Code Subtitle D, Chapter 41, here.

How Much Lobbying is Too Much Lobbying?

To qualify for tax-exemption, 501(c)(3) nonprofits can only engage in lobbying up to an extent. There are two key tests for determining whether or not a nonprofit has crossed that line. 

1) Substantial Part Test

This test assesses whether an organization’s lobbying efforts are “substantial.” According to the IRS, this is determined “on the basis of all the pertinent facts and circumstances in each case.”

If this all sounds subject to interpretation, that’s because it is. In fact, many nonprofits prefer using the Expenditure Test, because it offers a much clearer metric for how much lobbying is permissible. 

2) Expenditure Test

This test is based on the size of a nonprofit’s exempt purpose expenditures compared to its lobbying expenditures. For example, any 501(c)(3) with a budget of less than or equal to $500,000 can spend up to 20% of its resources lobbying. See the full chart of permissible expenditures below.

Source: https://www.irs.gov/charities-non-profits/measuring-lobbying-activity-expenditure-test

Imagine, for example, a nonprofit that spent $6,200,000 in 2024. Using the chart above, we can see that they could spend up to $225,000 plus 5% of expenditures over $1,500,000. This comes out to $460,000 that they could have spent on lobbying that year.

$6,200,000-$1,500,000 = $4,700,000

$4,700,000 * 0.05 = $235,000

$235,000 + $225,000 = $460,000

Important! In order to qualify for the Expenditure Test, a 501(c)(3) nonprofit must first file IRS Form 5768.

Resources for Staying Compliant

As a nonprofit staffer, you’re likely operating with a limited budget, a small team, and perhaps a lack of legal expertise. While these hurdles are real, there are plenty of resources to help you stay compliant while lobbying as a 501(c)(3), even without the guidance of in-house counsel.

• To start, the Internal Revenue Service offers a training series to help nonprofits maintain their 501(c)(3) status. This free video series walks you through all the 501(c)(3) basics, including required filings, prohibited political activity, and how to lobby appropriately. 

• For a general overview of best practices – and common mistakes – check out the IRS resource, “How to Lose Your Tax Exempt Status Without Really Trying.”

• The National Council of Nonprofits offers numerous resources to support nonprofit organizations across the country. Check out their helpful guide on Political Campaign Activities (which are all prohibited for 501(c)(3) nonprofits) and Lobbying Activity. 

Start Lobbying as a 501(c)(3) with Plural. Sign Up for a Free Consultation Today! 

Disclaimer: This article is not a substitute for professional legal or tax advice. 

By most measures, the United States economy is booming. But most Americans aren’t convinced — they rate the economy as poor and inflation as one of their top political concerns. To work out how the economy is impacting the 2024 election, it’s helpful to look at the state of the economy, how Americans are experiencing it, and what each candidate says about economic issues. Read on to learn more.

The Current State of the Economy

The country entered a recession when the COVID-19 pandemic hit in early 2020. The unemployment rate shot up as millions of workers were laid off and businesses shut their doors – temporarily or permanently. Real Gross Domestic Product (GDP) contracted as production and spending slowed. Financial markets plummeted. The economic recession lasted for less than one quarter, but its effects have been felt far beyond that.

When the economy began to recover, the inflation rate began to grow rapidly. The cost of goods climbed higher and peaked in June 2022. Inflation has now dropped close to pre-pandemic levels, but prices are much higher than they were.

By many measures, the economy is going strong after quickly bouncing back from the pandemic. Average wages lagged at first but then rose rapidly, narrowly outpacing inflation. The labor market has rebounded with an unemployment rate near historic lows. Consumer spending continues to drive strong economic growth, though it has slowed from the immediate post-pandemic rebound.

Poverty rates went down in 2020 and 2021, likely thanks to government assistance during the pandemic. Under both Presidents Trump and Biden, Congress approved stimulus packages that gave financial aid to most Americans, extended unemployment benefits, and offered emergency business loans.

The Biden-Harris administration also approved an increase to the maximum child tax credit from $2,000 to $3,600 per child. It expired at the end of 2021 despite the administration’s efforts to extend it.

Then, 2022 brought the largest one-year increase in poverty ever recorded for the United States. The national rate is now 12.4%, close to what it was in 2019. This could be explained by the loss of government assistance and the rising costs of food and housing. A national housing shortage began decades ago and worsened after the COVID-19 pandemic.

Interest rates have soared higher since 2022, driving up mortgage rates for new homeowners. In 2020, the Federal Reserve announced interest rate cuts to help households and businesses spend during the pandemic. “The Fed” steadily raised the federal funds rate once the economy started to recover. The federal funds rate has stayed elevated through mid-2024 to help bring down inflation. Federal Reserve Chair Jerome Powell has said a rate cut is coming soon.

Biden’s Record on the Economy

President Joe Biden, a Democrat, worked with Congress to pass the Inflation Reduction Act (IRA) of 2022. The IRA created or extended a variety of green energy tax credits for purchases like electric cars, home solar panels, low-energy appliances, energy-efficient home upgrades, and more. It also included tax incentives for companies with clean energy projects.

Another provision of the IRA lowered Medicare drug prices, capping the out-of-pocket cost of insulin at $35 per month and the total out-of-pocket prescription drug costs at $2,000 per year, beginning in 2024. It also allowed Medicare to negotiate directly with drug companies on prices.

Biden has also undertaken several student loan forgiveness efforts, canceling close to $170 billion of debt for nearly 4.8 million people. One of Biden’s plans was stopped by the Supreme Court, which said he did not have the legal authority to implement the program. This year, the Biden-Harris administration proposed another plan for student loan forgiveness through a different process.

Biden has also waged a campaign against “junk fees” – hidden or unexpected fees that businesses charge their customers. The Biden-Harris administration called for cutting credit card late fees to $8, but the proposal has been held up by court challenges. In April 2024, the Department of Transportation announced a new rule requiring airlines to tell consumers about certain fees upfront.

Donald Trump and the Economy

Former President Donald Trump, a Republican, has proposed:

• Enacting a 10% to 20% tariff on imported goods, along with a 60% tariff specifically on imports from China. Economists say this is likely to raise consumer prices, but Trump argues it will boost American jobs and wages. Currently, these tariffs are about 19% for China and 3% for the rest of the world.
• Ending Biden’s student loan forgiveness programs and increasing funding for career and technical education.
• Increasing production of fossil fuels and nuclear energy in an effort to lower energy costs. He also promises to end many of Biden’s environmental regulations and incentives, including tax credits for electric car purchases.

Tax Policy

In 2017, Donald Trump signed the Tax Cuts and Jobs Act (TCJA), which made substantial changes to the federal tax code, including:

• Lowering the corporate tax rate from 35% to 21%
• Lowering individual income tax rates through 2025
• Raising the maximum child tax credit from $1,000 to $2,000 through 2025

He has said he wants to extend the temporary provisions in the TCJA and lower the corporate tax rate again to 20% or even 15%. Trump’s running mate for vice president, J.D. Vance, recently proposed raising the maximum child tax credit from $2,000 to $5,000.

Trump, like Harris, has also proposed getting rid of taxes on tip income.

How Will Kamala Harris Address the Economy?

Vice President Kamala Harris, a Democrat, laid out several economic proposals in a recent campaign stop this August. She has called for:

• Banning price gouging for food and groceries. State-level price gouging bans typically focus on crisis situations like natural disasters. It is unclear how a broad federal ban would work.
• Canceling medical debt for millions of Americans.
• Extending the caps of $35 per month for insulin and $2,000 per year on out-of-pocket prescription drug costs to all Americans, not just seniors with Medicare.
• Giving $25,000 in down payment assistance to first-time homebuyers.
• Offering tax incentives for builders who construct starter homes.

Tax Policy

Harris has said she would fund some of these proposals by raising the corporate tax rate from 21% to 28% and increasing taxes on the rich. This aligns with Biden’s proposed tax plan, which she supports. Biden and Harris have promised not to raise taxes for those making under $400,000, which signals that they want to renew some of the individual tax cuts in the TCJA.

Harris has proposed permanently raising the child tax credit to $3,600. She has also proposed a $6,000 tax credit to families with newborn children in the first year of a baby’s life.

Harris, like Trump, has also proposed getting rid of taxes on tip income.

Conversely, How Do Election Outcomes Impact Markets?

The stock market usually shows slightly worse performance in the 12 months leading up to a presidential election, but it tends to recover within 12 months afterward.

Financial markets tend to be more volatile in the two months before election day and return to normal within two months after. This pattern occurs regardless of which party’s candidate wins the presidency. 

Certain sectors may be affected by the candidates’ policy positions. For instance, energy companies might be impacted by climate regulations. However, policy doesn’t always have a predictable effect on stocks. During the Trump presidency, clean energy outperformed traditional energy stocks, and the reverse has been true while Biden is president.

How Will Economic Issues Impact the Election?

When economic conditions are good, this tends to favor the incumbent party in an election. The challenging party gets an advantage during a recession when the economy is shrinking.

How is the economy impacting the election in 2024, then? Many U.S. economic indicators are positive. Yet most Americans’ view of the economy is not. Only 23% of American adults say the economy is in excellent or good shape, and 62% say inflation is a very big problem for the United States.

Why is this? Wages have largely risen with inflation, but this rise did not necessarily happen equally. Neither did inflation itself. Food and groceries have seen some of the biggest price increases. Along with food prices, high housing costs are a pain point for many Americans.

Americans’ views of the economy may negatively affect Harris, then, even though the country is seeing economic growth and a strong labor market. What will matter most is whether voters believe the economy is helping them financially.

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As the 2024 elections grow closer, many Americans have drugs on the brain.

Some call for help with the growing wave of opioid addictions and overdoses in their communities. Others want to legalize marijuana, either for recreational use or as a medical treatment for chemotherapy side effects, anxiety, and other medical conditions. Still others have trouble affording their expensive prescription drugs.

Each of these drug policy issues could be a driving force at the polls in this year’s elections. Read on to learn about the history of drug policy in the United States, today’s biggest drug policy issues, and what the presidential candidates have to say on the matter.

Historical Context of Drug Policies

Throughout most of the history of the United States, drug policy has grown increasingly restrictive. However, state laws and public opinion are beginning to relax when it comes to some substances. 

Major federal drug legislation did not begin in the United States until the 20th century. Individual states had begun to pass loose regulations in the latter half of the 19th century, mostly concerning drug labeling and requiring a doctor’s prescription for some medications. 

Then the Smoking Opium Exclusion Act of 1909 banned the non-medical use, possession, and importation of opium. In 1914, the Harrison Narcotics Tax Act restricted the production, importation, and sale of opiates and cocaine.

The 18th Amendment to the U.S. Constitution banned the sale of alcohol in 1919. Alcohol prohibition was short-lived, and the 21st Amendment repealed it in 1933.

The War on Drugs

Rising drug use in the 1960s led to President Richard Nixon signing the Controlled Substances Act in 1970. This law regulates drugs under a “schedule” system, with Schedule I having the highest risk of abuse and no recognized medical use. Schedule V is considered to have the lowest abuse potential. Nixon then declared a “War on Drugs” in 1971 and created the Drug Enforcement Administration in 1973.

The War on Drugs expanded in the 1980s with the Reagan administration’s “Just Say No” campaign, which stressed the dangers of drug use. Mandatory sentencing laws made criminal penalties more severe and often disproportionately affected black Americans. The 21st century saw the start of sentencing reforms that relaxed some penalties and corrected inequalities.

Public opinion on drug issues has changed along with these laws. It seems to be shifting again in recent years – at least for some substances. Amidst a growing opioid crisis, a majority of Americans say drug addiction is a “very big problem.” However, attitudes toward marijuana are growing more relaxed.

Eighty-eight percent of U.S. adults say marijuana should be legal for medical or recreational use. A majority say it should be legal for recreational purposes, while about one-third support legalization for medical use only. Democrats are much more likely than Republicans to favor legalizing recreational marijuana. However, majorities within both parties say medical marijuana should be legal.

Key Drug Policy Issues

Four of the biggest drug policy issues today are the legalization of marijuana, high prescription drug prices, the opioid epidemic, and drug trafficking at the U.S.-Mexico border. Learn more below.

Marijuana Legalization

Marijuana  – also called cannabis – remains illegal at the federal level, even as more and more states legalize it. A 2009 memo by the Obama Administration encouraged federal prosecutors not to prosecute people for cannabis distribution in states that have legalized it. The Trump administration rescinded that memorandum in 2018. Despite this, federal cannabis laws are still largely not enforced in legal states.

In 2022, President Joe Biden pardoned thousands of federal convictions for simple possession of marijuana. Many Americans remain in prison for marijuana possession.

This spring, Biden endorsed a recommendation by the U.S. Justice Department to loosen federal restrictions on marijuana. If finalized, this would move the substance from Schedule I to Schedule III. Rescheduling would allow for easier research and possible drug development. It would not legalize marijuana federally, but it could make legalization easier.

As of August 2024, 24 states have legalized cannabis for medical and adult recreational use. Another 14 now allow it for medical purposes. A handful of others have decriminalized it, which typically means that possession of a small amount does not carry a criminal penalty.

Two of the latest states to legalize recreational cannabis are Maryland and Ohio, where voters approved ballot measures last year. Lawmakers in two others, Delaware and Minnesota, passed bills in 2023 legalizing it. Kentucky enacted a law last year creating a medical cannabis program that will go into effect in 2025.

Prescription Drug Costs

Sixty-four percent of Americans say healthcare affordability is a “very big problem.” One key part of that problem is prescription drug prices. For example, the average price of insulin nearly tripled between 2002 and 2013. Prices again doubled between 2012 and 2016. Insulin and its analogs are necessary life-saving drugs for many people with diabetes.

This year, some drugmakers drastically decreased their list prices for insulin. This is largely driven by a provision of the 2021 American Rescue Plan Act that removed penalties for increasing drug prices faster than the rate of inflation. Still, the decrease may not be reflected in the out-of-pocket costs that patients pay, due to differences in insurance coverage.

The Opioid Crisis

The United States has faced an opioid crisis since the late 1990s, when doctors began prescribing these pain-relieving drugs more often. Overdoses related to commonly prescribed opioids steadily increased as patients became addicted. The federal government cracked down on the overprescription of these drugs starting in 2010. Some addicts turned to illegal narcotic drugs, and a wave of heroin overdose deaths followed.

Since 2013, deaths from fully synthetic opioids like fentanyl have skyrocketed. Some who overdose may not even be aware they have taken fentanyl. Illegal drug manufacturers and dealers are increasingly lacing other substances with fentanyl to make small amounts of drugs more potent. The upward trend in opioid overdose deaths began to level off around 2017 before surging again in 2020 during the COVID-19 pandemic. While growth has slowed, more than 81,000 deaths were recorded in 2022.

Opioids are highly addictive. Withdrawal symptoms for those who are addicted can be severe. This has led to an increased need for substance abuse treatment specifically for opioid users. Several states have responded to this need by increasing the budget allocation for drug treatment centers. Another popular state-level response to the opioid crisis is the creation of prescription monitoring programs that track the prescription of certain drugs. These programs are intended to prevent overprescription and drug abuse.

Drugs and the Southern Border

A related concern to the opioid crisis is drug trafficking at the U.S.-Mexico border. Most drugs that come into the United States at the southern border are smuggled at legal ports of entry. Marijuana seizures are common at illegal border crossings. Still, more dangerous drugs like cocaine, heroin, and fentanyl are commonly seized at ports of entry. People who are authorized to cross the border hide them in their vehicles or on their bodies. As the Southern Border has come into focus in the context of the 2024 presidential election, we expect discussions surrounding this issue to play out on the national stage.

Candidates’ Stances on Drug Policy

How will drug policy impact the 2024 elections? To help answer that question, we’ll look at each major candidate’s approach to drug policy. 

Marijuana Legalization

Former President Donald Trump, the Republican nominee for President, has spoken in favor of medical marijuana. He has also said that marijuana laws should be handled at the state level. However, he made no moves as president toward formally allowing either medical use or state-level legalization.

Vice President Kamala Harris, the Democratic nominee for President, has changed her stance on marijuana over time. As a prosecutor in California, she was strict on cannabis offenses and opposed legalizing recreational use. Throughout her 2020 campaign for the presidency and still today, Harris has received harsh criticism for her actions as a prosecutor, viewed by many liberal Democrats as too harsh on non-dangerous offenses. Later, as a Senator, Harris introduced legislation to federally decriminalize and tax marijuana. As Vice President, she has called for reclassification of the drug, which is now underway. She has also spoken in favor of federal marijuana legalization.

Prescription Drug Costs

In 2020, the Trump administration created a voluntary, temporary program for some Medicare drug plans. Participating plans covered at least one insulin product of each dosage and type at a cost of $35 per month or less.

Through the Inflation Reduction Act, the Biden-Harris administration expanded this $35 out-of-pocket cap to apply to all Medicare drug plans and the insulin products they cover. It also capped Medicare patients’ costs for all drugs at $2,000 per year starting in 2024. Harris says she wants to extend these two caps to all Americans.

Using another provision of the IRA, the Biden-Harris administration has negotiated lower prices for ten of Medicare’s costliest drugs. The administration announced the new list prices this August, but they will not take effect until 2026.

The Opioid Crisis

As President, Trump signed the bipartisan SUPPORT for Patients and Communities Act. The Act was a package of legislation aimed at addressing the opioid crisis. It contained measures to remove barriers to medication-assisted treatment, especially for Medicaid recipients, and to make the overdose reversal drug naloxone more widely available. During his current campaign, Trump has taken a tough-on-crime stance. He has said that he wants drug dealers and smugglers to face the death penalty.

The Biden-Harris administration has improved access to drugs used for opioid addiction treatment and permanently required state Medicaid plans to cover medication-assisted treatment. Biden and Harris have advocated for harm reduction, and the administration has expanded grants to states and tribal communities to pay for naloxone.

Drugs and the Southern Border

Trump often blames illegal immigration for the country’s fentanyl problem. It’s worth noting that narcotic drugs are most often smuggled through legal crossings. He advocates for stronger border enforcement.

If elected, Harris says she will be tough on drug traffickers at the border and points to her experience prosecuting them as California’s attorney general.

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• Be the first to know about new bills and changes in bill status
• Streamline your day with seamless organization features
• Harness the power of time-saving AI tools to gain insights into individual bills and the entire legislative landscape
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How is immigration impacting the election? Immigration is a contentious political issue. Read our analysis of the impact it will have today.

The United States has a rich history of immigration – and a rich history of controversy on the subject. Undocumented immigration has become a big concern for Americans and a contentious election issue.

To explore how immigration is impacting the election in 2024, we need to put the issue in context. Let’s look at how immigration policies and public opinion have changed over the years.

Historical Context of Immigration Policy

The history of the United States began with immigration, as settlers from European countries left their homes for the “new world.” Once the United States of America became its own country, it had open borders and little in the way of immigration policy. Immigrants were broadly welcomed at first, though citizenship was heavily restricted. When a large wave of Irish and German migrants arrived in the mid-1800s, public opinion turned against them.

The country began restricting its borders in 1875, banning immigration for criminals and later other groups. The Chinese Exclusion Act of 1882 banned immigrants from China after resentment grew toward Chinese laborers. The Immigration Act of 1917 set a literacy requirement for immigrants and banned any from most Asian countries.

Many of these restrictions ended in the mid-20th century, but broader limits on legal immigration replaced them. Illegal immigration began to grow. Workers from Mexico, at first arriving legally to ease a labor shortage in the U.S., began to cross the border illegally for economic opportunity. In 1980, more than 100,000 migrants fleeing Cuba came to Florida’s shores by boat to ask for asylum. Some people who arrived legally, however, overstayed their visas.

The Immigration Reform and Control Act of 1986 made most undocumented immigrants already in the U.S. eligible for legal status. It also made it illegal to knowingly hire unauthorized workers, but broad exceptions meant this was rarely enforced. Today, some people argue that undocumented immigrants are taking American jobs, while others argue that they fill the difficult and low-paying positions that Americans don’t want.

The Southern Border: A Critical Focus

The southern border of the United States has been an important focus in recent years. Unauthorized migrants regularly cross the land border with Mexico or make water crossings into southern states.

Mexico has been the most popular country of origin for undocumented immigrants for a long time, but the proportion of those from other countries is increasing. Poverty, organized crime, and political instability prompt people to leave their homes in some Latin American countries. They travel to the southern border of the U.S. seeking freedom, safety, and economic opportunity.

The impact of immigration on border states and cities puts them under stress. They can struggle to meet the needs of new arrivals, especially when there is a large influx of migrants. Under current immigration policy, migrants who apply for asylum are allowed to stay in the country until their cases can be heard. Due to a growing backlog in the U.S. immigration court system, this process can take several years.

Democrats vs. Republicans on Immigration

The immigration debate has become more contentious in recent decades, though the two major parties are coming closer together in the past few years. Republicans tend to call for stronger restrictions at the border and limits on some aspects of legal immigration, such as refugee resettlement. Republican voters are more likely to support efforts to deport all undocumented immigrants back to their countries of origin.

Meanwhile, Democrats tend to advocate for policies that offer paths to legal residency and citizenship for undocumented immigrants. They are more likely to support continuing the Deferred Action for Childhood Arrivals (DACA) program, which delays the deportation of unauthorized immigrants who came to the U.S. as children.

State-Level Action on Immigration

State-level action on immigration varies. Some state and local governments have passed “sanctuary” policies saying they won’t comply with federal requests to detain or deport undocumented immigrants. Others have done the opposite.

Last year, Texas legislators passed a law allowing state law enforcement to arrest people for entering the United States illegally. It was supposed to go into effect in March 2024, but a federal appeals court has temporarily blocked it. Louisiana lawmakers passed a similar bill this year, which is set to go into effect if the U.S. Supreme Court affirms the Texas law.

This year, an Iowa law made it a crime for people to be in the state if they were previously denied admission to or removed from the United States. An Oklahoma law also made it illegal to be in the state without legal status. Both are now blocked by courts due to legal challenges.

In 2022, Texas also began busing migrants to “sanctuary cities” in other states without their approval. Republican Governor Greg Abbott has said border cities are overwhelmed. He wants to place more of the burden of illegal immigration on government officials who support Biden’s border policies. Several of those cities are now overwhelmed and have begun sending migrants elsewhere in the country. Florida Governor Ron DeSantis, a Republican, and Arizona Governor Katie Hobbs, a Democrat, have since begun their own busing programs.

Federal Action on Immigration

Former President Donald Trump, the Republican candidate for president, promised during his first campaign to build a “border wall” along the entire U.S.-Mexico border. His administration did not complete this task but did construct or replace more than 450 miles of physical barriers.

Illegal Immigration

Trump created a requirement for asylum seekers to remain in Mexico while waiting for their hearings. Other Trump-era policies required people to seek asylum in “safe third countries” or “transit countries” before coming to the United States. His zero-tolerance policy for unauthorized adults resulted in family separations. Some parents were deported without their children. 

The Biden-Harris administration ended these policies. President Joe Biden, a Democrat, did continue a public health order Trump enacted in March 2020. Title 42 allowed U.S. border officials to turn away migrants seeking asylum during the COVID-19 pandemic. It expired in January of 2023.

Biden has increased the use of parole, allowing migrants into the U.S. even if they don’t qualify for a visa. Biden has used the power of parole much more broadly than other presidents, including for humanitarian and family reunification purposes.

Legal Immigration

While in office, Trump banned immigrants and refugees from six Muslim-majority countries, as well as North Korea and Venezuela. He also drastically cut the number of refugees allowed into the United States.

The Biden-Harris administration reversed the ban and raised the refugee cap. This year, the administration also made it easier for noncitizen spouses of U.S. citizens to apply for lawful permanent residence.

Border Security in 2024

A border deal proposed in the Senate this year sought to:

• Add restrictions for asylum seekers
• Set up a quicker case review process
• Required temporary asylum shutdowns at a certain threshold of illegal border crossings
• Expand detention alternatives like ankle monitors
• Give some immigrants more protections

Republican leadership supported the deal at first, but they later reversed their stance and voted it down saying it would incentivize illegal immigration.

In early June of 2024, Biden signed an executive action to “temporarily shut down asylum requests once the average number of daily encounters tops 2,500 between official ports of entry.” The shutdown took immediate effect and will end once the number of requests falls to 1,500. It makes exceptions for unaccompanied children and trafficking victims.

How Will Immigration Impact the Election?

Americans are increasingly concerned about immigration. They have named immigration as their top election issue for most months this year, according to Gallup public opinion polls. For the first time since 2005, a majority of Americans think immigration should decrease. How is immigration impacting the election? More polls give us a clue.

Regardless of party affiliation, Americans are more likely to approve of deporting undocumented immigrants now than they were several years ago. A majority now also approve of constructing more barriers along the U.S.-Mexico border. Trump has promised to do both if re-elected, calling for mass deportation of illegal immigrants with the help of the National Guard.

Vice President Kamala Harris is now the presumptive Democratic nominee. At the start of his term, Biden placed Harris in charge of addressing the root causes of migration at the southern border. She has faced criticism as illegal border crossings increased, but they are trending lower ahead of the election.

Arrests for illegal border crossings hit a record high in December of 2023 but lowered in January as Mexican authorities raised enforcement. They dropped even more quickly after Biden’s executive action to restrict asylum. Arrests for unlawful border crossing hit a three-year low in June and kept decreasing in July. 

Harris says she supports “comprehensive reform that includes strong border security and an earned pathway to citizenship.” She promises to be tough on border control, citing her experience prosecuting drug cartels and human traffickers as California’s Attorney General.

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Now that Roe v. Wade has been overturned, abortion may impact United States elections more than it has in a long time.

Federal protections on abortion rights no longer apply since June 2022, when the U.S. Supreme Court overruled the landmark case that set them. Many states have passed outright bans or heavy restrictions on abortion. Nationwide, though, public support for abortion rights is higher than ever, and the Court’s decision will likely bring voters to the polls. Read on to learn more about abortion and the 2024 elections.

History of Abortion Rights in the US

America had virtually no abortion laws early in the country’s history. In the late 1800s, state governments began to pass laws that restricted abortion. Abortion was largely practiced by midwives and opposed by physicians, whose profession was becoming licensed and regulated. The practice was outlawed in every state by the early 1900s. Some women turned to costly or risky methods of ending their pregnancies. They paid a surgeon to perform an abortion secretly or, if they could not afford it, tried to perform it themselves.

As women challenged these abortion bans in the 1960s and 70s, states began to allow exceptions for health, rape, incest, or a damaged fetus.

Key Supreme Court Cases

In the 1973, the Supreme Court ruled in Roe v. Wade that the right to an abortion is protected by the U.S. Constitution as part of an implied right to privacy. It prohibited most restrictions during the first trimester of pregnancy, allowed some in the second trimester, and allowed abortion bans in the third trimester with exceptions for the mother’s life or health.

Roe v. Wade ignited nationwide controversy, and abortion is now a polarized and contentious issue. The Democratic Party had opposed abortion, but it soon joined feminists in advocating for abortion rights. Protestants joined Catholics in the anti-abortion movement as the political Christian right emerged, eventually gaining the support of the Republican Party.

The Supreme Court changed Roe’s legal framework in 1992 with its ruling in Planned Parenthood v. Casey. States could now ban abortion at 23 or 24 weeks of pregnancy based on fetal viability. The Court also ruled that laws could not pose an “undue burden” on women’s access to abortion, replacing the more demanding “strict scrutiny” standard from Roe.

In June of 2022, the Supreme Court overturned the Roe and Casey decisions with its ruling in Dobbs v. Jackson Women’s Health Organization. The Court ruled that there is no implied constitutional right to abortion, because it is not “deeply rooted in this nation’s history or tradition.” This allowed state governments to greatly restrict and ban abortion.

The Current Landscape of Abortion Access

In the years leading up to the Dobbs decision, several states passed “trigger laws” – abortion laws that were unenforceable due to Roe but went into effect when it was overturned. Since the Supreme Court ruling, more states have passed restrictions, while others have enacted protections.

Abortion is now banned in 14 states, with most having narrow exceptions. Four states ban abortions after six weeks of pregnancy – before many women even realize they are pregnant. Another 23 states have other restrictions based on gestational age, while nine states allow abortion throughout pregnancy.

Abortions have drastically reduced in states that have banned them and risen in states that have expanded or maintaned access. More people are now traveling out of state to end pregnancies, but some cannot afford to do so. This disproportionately impacts women of color and women in poverty.

However, the Dobbs decision has not lowered the nationwide abortion rate. It was already growing in previous years, and some estimates indicate that it is still on the rise.

Recent State Actions

State action on abortion rights varies and often falls along partisan lines. In general, Democratic-controlled legislatures are aiming to expand or maintain access to abortion. Republican states, on the other hand, have taken steps to heavily restrict reproductive rights. Overall, however, the vast majority of Americans support at least some access to abortion.

In November 2023, Ohio voters approved a ballot measure for a constitutional amendment to protect the right to “make and carry out one’s own reproductive decisions,” including decisions about abortion. This invalidated a six-week ban the state legislature had passed as a trigger law in 2019.

Abortion laws in Florida (SB 300) and Iowa (HF 732) both took effect in 2024, banning abortions after six weeks of pregnancy. They were passed last year but temporarily blocked by court challenges.

Abortion on the Ballot

Abortion will appear on the ballot in several states in 2024, and it could play a major role in both state and federal elections. The two major party candidates differ greatly in their views on abortion.

Vice President Harris is the likely Democratic nominee after President Biden dropped out of the race in July. Harris and Biden both support abortion rights, but Harris is more outspoken about the issue and will likely more aggressively campaign on it. As a senator, she co-sponsored the Women’s Health Protection Act of 2017, which sought to ban state and local restrictions on abortion before fetal viability.

Former President Trump, a Republican, has said he prefers to allow states to decide on the issue of abortion, stopping short of calling for a national abortion ban. During his 2016 campaign, he promised to appoint judges who were likely to overturn Roe. Trump did name three justices to the Supreme Court to fill vacancies during his term, shifting the nine-member court toward a more conservative ideology. All three voted in favor of the Dobbs decision. Trump touts his Supreme Courts appointments as an administration-defining success.

Supreme Court justices, court of appeals judges, and district court judges are appointed by the President and confirmed by the Senate. Dobbs highlighted the impact that elections for these offices can have on abortion law.

State Ballot Measures in 2024

As of July, seven states will let voters decide directly on abortion ballot initiatives in the 2024 election. These include both laws and amendments to state constitutions, all protecting or expanding abortion access. Most were initiated by voter petitions.

• Arizonans will vote on a constitutional amendment protecting the right to abortion until viability. The state now bans abortion after 15 weeks of pregnancy.
• Florida ballots will include a measure to legalize abortion until viability. The state currently bans it after six weeks of pregnancy.
• In South Dakota, voters will decide on a constitutional amendment setting a trimester framework for abortion laws similar to Roe v. Wade. Abortion is currently banned in the state.
• New Yorkers will have a ballot measure to ban discrimination based on pregnancy, pregnancy outcomes, and “reproductive healthcare and autonomy.” The state allows abortion until viability.
• Colorado, Maryland, and Nevada will vote on constitutional amendments to protect abortion access until viability, which their state laws already allow.

Four more states are waiting for approval of their ballot initiatives.

• Arkansas voters could decide on a constitutional amendment protecting the right to abortion in the first 20 weeks of pregnancy. Abortion is banned in the state.
• Missouri, Nebraska, and Montana may vote on constitutional amendments protecting the right to abortion before viability. Abortion is illegal throughout pregnancy in Missouri and until 12 weeks in Nebraska. It is already legal until viability in Montana.

These measures could turn out more abortion-minded voters to the polls, affecting results in other contests on the ballot.

Abortion and the 2024 Elections

Before the Dobbs decision, voters who were motivated primarily by abortion tended to be Republicans who opposed it. But recent polls show that abortion-motivated voters are now mostly Democrats who support abortion rights.

Abortion is a top issue for suburban women, a key demographic that could decide the election. The overturning of Roe seems to have mobilized pro-choice voters, while pro-life voters may be less energized by the issue.

Sixty-nine percent of Americans, a record high, now say that abortion should be legal in the first three months of pregnancy. This view is at odds with the total and six-week abortion bans passed by many Republican-controlled state legislatures. Sixty one percent of Americans also say that overturning Roe v. Wade was a “bad thing.” Views are strongly divided by party affiliation, but overall support for abortion access continues to rise.

The Republican Party is starting to downplay the issue, making few mentions of it at this year’s Republican National Convention. Meanwhile, the Democratic Party is stressing it as a key issue. Democrats scored wins with that strategy in the 2022 midterm elections. Abortion was a top concern for voters in Pennsylvania and Michigan, both battleground states. Voters in Pennsylvania went on to flip a U.S. Senate seat for the Democrats, and control of Michigan’s state legislature also swung to the Democrats for the first time in decades. Nationwide, every ballot initiative on abortion went in favor of protecting or expanding access.

Looking at abortion and 2024 elections, this issue could greatly influence races up and down the ballot.

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Shelter is a basic human need, but it has become increasingly costly. Whether they want to rent or own, Americans seeking a home are met with soaring prices and fierce competition.

Housing is likely to be top of mind for voters in the 2024 elections. To understand how it may motivate them, this blog takes a look at the housing affordability crisis and how some elected officials are addressing it.

The Housing Affordability Crisis

The United States is facing a housing affordability crisis affecting both buyers and renters. A combination of low supply, high demand, high interest rates, inflation, and a global pandemic have sent prices skyrocketing. Why are housing prices so high, and what are the consequences for Americans? Let’s look deeper.

Rising Housing Costs

Housing prices have been rising for several years, but that rise sped up dramatically in 2020. The main reason for this is a lack of supply: not enough houses are being built or sold for the level of housing demand.

From 2018 to 2020, the country’s housing shortage was already growing. Then, in 2020, supply chain issues from the COVID-19 pandemic slowed construction and made supplies more expensive. When construction picked up again, it couldn’t catch up with rising demand. The shortage exploded. 

Average mortgage interest rates increased, more than doubling between 2021 and 2023. They have since decreased, but not by much. This can make available homes unaffordable for would-be buyers. It also encourages would-be sellers not to move in order to stay in their current lower-interest mortgages. As a result, fewer existing homes are going on the market.

Seniors especially are staying in their homes longer than they used to. Today, 56% of owner-occupied homes with three or more bedrooms are occupied by only one or two people, most of them age 62 and older. Families who would otherwise need more space are making do with smaller homes until it’s easier to buy a larger one. This means there are fewer small, affordable homes on the market for first-time and low-income home buyers.

The Rental Housing Market

The housing affordability crisis has also hit the rental housing market. When people can’t find or afford a house to buy, they need to rent instead. This has increased the demand for rental housing, driving up costs. Rent increases are outpacing wage increases across the country. In 2022, about half of renters nationwide – a record number – spent more than 30% of their income. They may be forced to choose between their rent payments and food, healthcare, or other basic expenses.

A Shortage of Affordable Housing Units

High housing costs have hit those with low incomes the hardest. There is a shortage of 7.3 million affordable and available rental homes for extremely low-income renters. A growing number of people simply can’t find a place to live.

As rent increases, so does homelessness. Not only are more people evicted or forced to leave their homes, but fewer unhoused people are able to exit homelessness as well. Homelessness grew by more than 12% in 2023, the biggest increase since records began in 2007.

The State of Housing Policy in 2024

Housing policy is often left to state and local governments to handle. However, federal policy can incentivize them to change certain rules and regulations. It also can provide grant funding for housing programs like vouchers and subsidized housing projects.

Federal Housing Policy

President Biden has repeatedly called on Congress to pass housing legislation, but so far, no significant bill on the topic has passed the House and Senate during his tenure.

In 2022, the Biden administration released the Housing Supply Action Plan, intended to help grow the supply of housing and lower costs. The plan promises to give communities with reformed zoning and land-use policies an advantage in some federal grant programs. It also aims to provide new and expanded financing for manufactured housing, Accessory Dwelling Units (ADUs), 2-to-4-unit properties, and smaller multifamily buildings.

Biden also has called on Congress to pass tax credits for first-time home buyers and sellers, set a cap on rent increases, and take other measures to improve housing supply and access. The administration’s goal is to enable the building or renovating of 2 million homes.

In June of 2024, the Biden administration announced housing grant awards totaling $85 million to 21 state and local governments. The grants were made under the Pathways to Removing Obstacles to Housing (PRO Housing) program with the aim of removing barriers to home construction.

New State Housing Policies

Arizona and Colorado have both passed significant housing legislation in 2024. The two states legalized ADUs in major cities. An ADU, also called a secondary dwelling unit, in-law unit, or granny flat, is a smaller housing unit on the same property as a single-family dwelling. These increase the housing supply without the need for more property.

Colorado’s suite of housing bills also include:

• HB 24-1304, which bans mandatory residential parking minimums along major transit routes
• HB 24-1313, which requires larger cities to allow zoning for higher-density housing near major transit lines
• HB 24-1434, which expands the state’s affordable housing tax credit

Arizona HB 2721 requires major cities to allow different types of housing units, such as townhomes, duplexes, triplexes, or quadplexes, within a mile of their central business districts. These units are known as “middle housing” — something between single-family homes and large apartment complexes — and they can help increase the supply of housing on a small amount of land.

How Is Housing Policy Impacting the 2024 Elections?

The cost of housing is one of the top financial worries of Americans right now. It’s a main driver of inflation that is keenly felt by many households across the country. When voters go to the polls in November, housing policy will likely be on the minds of many.

Recently, President Biden announced he is exiting the presidential race, endorsing Vice President Harris in his place. While the Democratic Party has not officially chosen its nominee, Harris is the most likely candidate to replace him.

Harris has expressed similar views to Biden on the topic of housing policy, both while in office and during her campaign for President in 2020. As a Senator, Harris and Rep. Maxine Waters introduced the Housing is Infrastructure Act. The bill, which did not pass, would have invested $70 billion into public housing and an additional $10 million into efforts to eliminate zoning requirements. It also included funding to construct rental units for low-income households.

The Republican Party nominee, former President Trump, pushed for cuts to housing assistance programs and public housing while in office. He also removed some fair housing protections, which Biden later reinstated. His record on the issue of zoning has been mixed. During his presidency, the U.S. Department of Housing and Urban Development encouraged state and local deregulation. These efforts ended when Trump voiced support for zoning regulations that he said would protect suburbs. He recently made remarks calling zoning restrictions “a killer,” though, suggesting he would once again support removing them.

Trump also has said he would “ban urban camping” and create tent cities for homeless people, where doctors and social workers would be on hand to help them.

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