Elections and Issue Advocacy

Elections and Issue Advocacy: News Background Analysis Correspondence Blog

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See our Nov. 2007 report Overcaution and Confusion: The Impact of Ambiguous IRS Regulation of Political Activities by Charities and the Potential for Change

PACI2

The report is drawn from an Aug. 3, 2007 panel discussion on the potential for establishing a bright-line rule for IRS enforcement of the prohibition against partisan intervention in elections by charities and religious organizations.

See our report The IRS Political Activities Enforcement Program for Nonprofit Groups: Questions & Concerns

Subtopics

Resource Center: IRS Rules on Election Activities of Charities

News

'Twas the Night before New Year 12/16/2008
'Twas the night before New Year
And all through the Nation
The people were hopeful
Looking toward Inauguration.

Nonprofits were happy
Their voices might be heard
And silencing through
Rules and surveillance may be deterred.

We've been taking great care
To preserve nonprofit speech rights
Now we reflect on the past year
And the battles we had to fight.

Read More

Legal Battles Continue on What Constitutes Issue Advocacy 12/02/2008
Although the election is over, the ongoing battle about the difference between issue advocacy and electioneering is headed to the U.S. Supreme Court in Citizens United vs. Federal Election Commission. Meanwhile, a new Advisory Opinion from the Federal Election Commission (FEC) also wrestles with this issue. Read More

Complaints about Church Electioneering Continue 11/04/2008
The 2008 election cycle has produced a number of complaints about religious and charitable organizations illegally opposing or endorsing candidates. The final weeks leading up to the election were no exception, as Americans United for Separation of Church and State (AU) filed three new complaints to the Internal Revenue Service (IRS). Read More

Pastors Challenge Church Electioneering Ban 10/07/2008
On Sept. 28, 33 pastors around the nation participated in Pulpit Freedom Sunday, an initiative designed to challenge a 1954 amendment to the Internal Revenue Code (IRC) that prohibits religious organizations and charities from supporting or opposing candidates for political office. The Alliance Defense Fund (ADF) released a list of the pastors who participated in hopes that the Internal Revenue Service (IRS) will investigate the churches. The action generated controversy, with Americans United for Separation of Church and State (AU) filing complaints against seven of the participating congregations. Read More

Voter Purging Allegations Arise as November Election Nears 09/23/2008
As the November elections near, more allegations of voter purging are cropping up. Michigan, a closely watched swing state in the presidential election, has been a hotbed of voter purging issues in recent weeks. Florida, another swing state, also finds itself in the midst of voter purging issues. Nonprofit organizations, individual citizens, and political parties have recently filed lawsuits alleging that voters are being unlawfully removed from the eligible voter pools. Read More

Organization's Election-Related Activities Raise Questions 09/23/2008
The American Issues Project (AIP) has aired an ad in several swing states questioning Democratic presidential nominee Barack Obama's ties to a controversial professor. The group claims a single $2.9 million donation for the ad does not violate federal campaign finance laws, but many legal experts have questioned this logic and AIP's claimed status as an issue advocacy organization. Read More

Police and Protest Groups Clash at Political Conventions 09/09/2008
Scores of protesters converged on the Democratic National Convention (DNC) in Denver, CO, and the Republican National Convention (RNC) in St. Paul, MN. Both were designated "national special security events," and the Secret Service was responsible for planning and implementing a security plan for each city. Protesters were visible at both conventions, although far fewer at the DNC, and hundreds of arrests made headlines at the RNC. Read More

Anti-Obama Group Seeks Exemption from Campaign Finance Rules 08/19/2008
A new 527 group called The Real Truth About Obama, Inc. (RTAO) has filed a lawsuit in the U.S. District Court in Richmond, VA, against the Federal Election Commission (FEC) and the U.S. Department of Justice (DOJ). RTAO plans to run issue ads examining the Democratic presidential candidate's position on abortion and other policy issues. RTAO argues it is not a political action committee (PAC) because it will not advocate for Obama's defeat or election. The group seeks to prevent the enforcement of several FEC regulations regarding when a group must register as a PAC, as well as the enforcement of federal reporting requirements for political organizations, including 527 groups. Read More

IRS Directive Broadens Scope of Prohibited Web Links on Issues 08/05/2008
On July 28, the Internal Revenue Service (IRS) sent a memo to revenue agents that contradicts earlier guidance relating to 501(c)(3) organizations' use of web links for issue advocacy. The memo indicated that web links may be considered prohibited intervention in elections, depending on their context, the number of clicks between a site and a partisan message on the linked site, and whether an organization has a position on an issue and links to candidates' positions. Read More

Audit Faults IRS Political Activities Enforcement 07/08/2008
The Treasury Inspector General for Tax Administration (TIGTA) released an audit report on June 18 that found Internal Revenue Service (IRS) employees have an inconsistent understanding of prohibited political intervention by charities and religious organizations. It also found the IRS has not been timely in evaluating cases under investigation. The report acknowledged improved educational efforts but failed to recognize the inherent difficulty in explaining the overly vague "facts and circumstances" test the IRS uses to determine if prohibited partisan activity has occurred. Read More

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