Opinion 22-150

October 27, 2022

Question:     May a judge make charitable donations to Vote.org, which describes itself as the "largest 501(c)(3) nonprofit, nonpartisan voting registration and get-out-the-vote (GOTV) technology platform in America, with the goal of reaching historically underserved voters of color and underrepresented young voters"?

Discussion:   A judge may engage in extra-judicial activities that do not (1) cast doubt on the judge's capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or (3) interfere with the proper performance of judicial duties, and are not incompatible with judicial office (see 22 NYCRR 100.4[A][1]-[3]). However, the Rules Governing Judicial Conduct place extensive restrictions on judges' political activity (see 22 NYCRR 100.5) to help prevent any public perception of entanglement of the judiciary in the political process.

The Committee has thus advised that while it is generally ethically permissible for a judge to make financial contributions to not-for-profit organizations, a judge must not do so where such contributions will readily be perceived as improper political activity (Opinion 14-117). As described, Vote.org seems to be a not-for-profit, non-partisan civic organization that promotes voter registration and voting without taking positions concerning political issues or candidates (cf. Opinion 96-38 [judge may be a member of the League of Women Voters]). Accordingly, Vote.org does not appear to be a "political organization" under the rules (see 22 NYCRR 100.0[M]) and you may make a charitable contribution to it.

Enclosed:     Opinions 14-117; 96-38.