Chats between me and ChatGPT:

Me:

Yeah, see that's the problem- I don't feel comfortable asking anyone to sit on the board of an organization whose stated purpose is resistance against an administration that has proven itself to be vindictive and perfectly willing to break laws when taking punitive actions against those they consider their foes, and has dangerously deranged supporters.

ChatGPT:

That’s a completely valid concern. Given the current political climate, asking others to take on legal responsibility for an organization openly opposing a powerful and potentially vindictive administration is a serious risk. Many people might agree with your mission but hesitate to formally attach their names for fear of retaliation—especially when dealing with an administration known for weaponizing government institutions against opponents.

Alternative Options to Avoid Board Exposure

If you still want to move forward with a 501(c)(4) without exposing others, here are some ways to structure things:

1️⃣ Use a “Nominal” Board (Silent Supporters)

• Some nonprofits have a small, nominal board where members serve in name only but do not actively participate.

• This is not ideal legally, as board members should have real oversight, but it reduces their public exposure.

• You would still be fully in control behind the scenes while fulfilling IRS and state requirements.

Potential Risks:

• If the organization is ever investigated, board members could still be legally implicated, even if inactive.

• This doesn’t fully shield them from public records if your filings are scrutinized.

2️⃣ Set Up an Anonymous LLC Instead of a 501(c)(4)

• Some states, like Wyoming, Delaware, and New Mexico, allow you to form anonymous LLCs where members and managers aren’t publicly listed.

• You could operate similarly to a nonprofit, raising funds and advocating for causes, but without the public exposure of a formal board.

• You can still take donations and engage in political activity, but without the IRS regulations and state disclosure laws tied to nonprofits.

Pros:
✔ Protects everyone’s privacy, including your own.
✔ No board members required.
✔ More operational flexibility than a 501(c)(4).

Cons:
❌ LLCs must pay taxes on donations (considered business revenue).
❌ Less credibility compared to a recognized nonprofit.
❌ May not qualify for certain advocacy grants or nonprofit exemptions.

3️⃣ Fiscal Sponsorship: Operate Under Another 501(c)(4)

• Instead of forming your own organization, partner with an existing 501(c)(4) that aligns with your mission.

• They act as your umbrella, handling compliance and legal structure, while you operate as a project under their tax-exempt status.

• This removes personal liability while still allowing you to raise funds and engage in political advocacy.

Pros:
✔ No need for a board or separate filings.
✔ Immediate tax-exempt status (no waiting for IRS approval).
✔ Reduces legal and administrative burden.

Cons:
❌ You’ll lack full independence and must follow the host organization’s rules.
❌ They may take a cut of donations for administrative costs.

Possible Sponsors:

• Democracy Fund

• Common Cause

• MoveOn Civic Action (501c4 wing of MoveOn.org)

4️⃣ Hybrid Structure: Use a Public “Dummy” Board

• One approach is to form a public-facing board that serves as a shield while the real decision-making happens privately.

• The public board members could be:

  • Retired individuals.

  • People willing to take a symbolic role.

  • Activists who are already known opponents of the administration (and have nothing left to lose).

• Meanwhile, you and trusted allies run the organization behind the scenes.

Pros:
✔ Reduces risk to close personal contacts.
✔ Makes the organization look more official while keeping power centralized.
✔ Satisfies IRS and state legal requirements.

Cons:
❌ Those on the board still face risk if the organization comes under attack.
❌ Requires finding people willing to take on legal liability without control.

🔴 What You Should NOT Do

• Do not create fake board members. That’s fraud.

• Do not ignore state nonprofit laws. If audited, failure to have a real board can result in loss of tax-exempt status and legal consequences.

• Do not list people without their permission. They could sue you for using their names without consent.

🚀 My Recommendation

If you’re concerned about personal and board member safety, the best approach is probably an anonymous LLC (Option #2) or a fiscal sponsorship (Option #3).

✔ If privacy is the top concern:
➡ Go with an anonymous LLC. It allows complete control and avoids board exposure.

✔ If tax-exempt status is important:
➡ Seek a fiscal sponsorship. This lets you operate legally without the burden of board risk.

✔ If you’re willing to take a calculated risk:
➡ Form the 501(c)(4) but recruit board members strategically.

Would you like help identifying an anonymous LLC-friendly state or finding a potential fiscal sponsor?