Delaware 2025-2026 Regular Session

Delaware House Bill HB392

Introduced
4/30/26  

Caption

An Act To Amend Title 6 Of The Delaware Code Relating To Nonprofit Organizations And The Prohibition Of Partisan Political Activities.

Impact

If enacted, the bill will reinforce the principles laid out by the Johnson Amendment, which has historically ensured that nonprofits remain free from political influence in exchange for their tax-exempt status. As a result, any nonprofit that violates these provisions could face serious consequences, including penalties, revocation of eligibility for state grants, and the need for corrective actions. This could significantly impact the operational capacity and mission focus of nonprofits across the state, particularly those that may have active political advocacy components.

Summary

House Bill 392, known as the Delaware Nonprofit Nonpartisanship Protection Act, seeks to amend Title 6 of the Delaware Code to explicitly prohibit tax-exempt nonprofit organizations (under Section 501(c)(3) of the Internal Revenue Code) from engaging in any partisan political activities. This includes endorsing or opposing political candidates, using charitable funds for political purposes, or allowing organizational resources to support or oppose candidates for public office. The bill aims to preserve the integrity and nonpartisan nature of nonprofits, which play a vital role in the community.

Sentiment

The sentiment surrounding HB 392 largely appears supportive among legislators advocating for the bill, who emphasize the importance of maintaining a nonpartisan environment for nonprofits that build trust within the community. However, some concerns may arise regarding the potential restrictions placed on organizations that wish to engage in advocacy on issues close to their missions, leading to debates about balancing nonpartisanship and the rights of nonprofits to express political views.

Contention

Notable points of contention surrounding the bill involve discussions over whether such restrictions might hinder nonprofits from effectively advocating for legislative changes that affect their constituencies. Critics might argue that the prohibition on partisan activities could prevent nonprofits from fully participating in the political discourse, thus undermining their voices on critical issues. These discussions highlight the tension between preserving the integrity of nonprofit organizations and allowing them the freedom to assert influence on political matters that intersect with their missions.

Companion Bills

No companion bills found.

Previously Filed As

DE SB260

An Act To Amend Title 14 Of The Delaware Code Relating To The Delaware Certificate Of Arts Excellence.

DE HB119

An Act To Amend Titles 9, 14, And 29 Of The Delaware Code Relating To Libraries.

DE HB50

An Act To Amend Titles 7 And 29 Of The Delaware Code Relating To Energy Assistance.

DE SB159

An Act To Amend Title 26 Of The Delaware Code Relating To Public Utilities.

DE HB182

An Act To Amend Title 11 Of The Delaware Code Relating To Law Enforcement Agency Agreements.

DE HB116

An Act To Amend Title 26 Of The Delaware Code Relating To Public Utility Rates.

DE HB37

An Act To Amend Title 6 Of The Delaware Code Relating To Public Accommodations.

DE HB150

An Act Amending Title 10 Of The Delaware Code Relating To Civil Arrests.

DE SB91

An Act To Amend Title 14 Of The Delaware Code Relating To Title Ix.

DE HB151

An Act To Amend Title 11 Of The Delaware Code Relating To Detention Facilities.

Similar Bills

WY SF0022

AN ACT relating to corporations, partnerships and associations; authorizing decentralized unincorporated nonprofit associations to automatically convert to unincorporated nonprofit associations as specified; conforming language in the Wyoming Decentralized Unincorporated Nonprofit Association Act with the Wyoming Unincorporated Nonprofit Association Act; requiring assets of decentralized unincorporated nonprofit associations to be distributed as required by federal law when winding up a decentralized unincorporated nonprofit association; clarifying references to decentralized unincorporated nonprofit associations; amending definitions; repealing obsolete provisions; making conforming amendments; and providing for an effective date.

CA SB1240

Office of Nonprofit Empowerment.

AL SB277

Unincorporated nonprofit associations; decentralized associations provided for

AL HB483

Unincorporated nonprofit associations; decentralized associations provided for

WV HB5060

Relating to Decentralized Unincorporated Nonprofit Associations

WV SB1030

Creating Decentralized Unincorporated Nonprofit Association Act

HI HB1645

Relating To Liability.

CA AB1836

California State Nonprofit Security Grant Program.