Nonprofit Issues - Advocacy Blog

Advocacy Blog:

Advocacy Blog

Thursday, November 30, 2006

2006 Election Analysis

Although there was no horrific voting catastrophe, the incidences that did occur should be recognized. For example, there were reports of voting system problems and poll worker confusion over identification requirements. Electionline.org, a nonpartisan research group, released its first report on the 2006 Election. The report gives an overall summary of problems such as voter identification, voter registration, and electronic voting systems, a summary of the specific states they watched and a brief synopsis of each state. As the report notes; "Success is difficult to measure. The margin of victory in most cases exceeded the margin of error. But there were also serious problems that will require analysis and action before Americans return to the polls. Voters in a number of states had difficulties at the polls due to equipment delays, long lines, ballot shortages or other issues."

The Wall Street Journal has a related article on the dangers of electronic voting.

Posted by Amanda Adams, 12:51:18 PM

Monday, November 27, 2006

FEC Dismisses Request for an Advisory Opinion

The organization Progress for America requested an advisory opinion from the Federal Elections Commission (FEC) for guidance on when a nonprofit organization can be considered an FEC-regulated political committee. In response, the FEC sent them a letter last week saying that an answer will not be given. The group's attorney asked for clarification regarding; "when a particular communication contains 'express advocacy' or when the structure, activities, and budget of an organization indicate that its 'major purpose' is to influence elections." The FEC asserts that each organization must be considered on an individual basis to determine whether its activities should be regulated under campaign finance rules. Reform groups are pleased with the dismissal by the FEC because there are other enforcement cases pending, which they feel should be decided before issuing an advisory opinion. The Campaign Legal Center and Democracy 21 have filed complaints with the FEC against Democrat and Republican leaning groups. These groups are also expected to promote legislative action on the issue of regulating 527 groups.

"The unusual move forestalls an imminent decision by the FEC commissioners on one of the toughest questions faced by the agency in recent years: whether and how to regulate so-called Section 527 and Section 501(c) organizations that act get involved in federal campaigns."

Read the BNA Money and Politics article here (subscription required). Related: Campaign Legal Center blog on 527 groups.

Posted by Amanda Adams, 04:56:27 PM

Thursday, November 16, 2006

FEC Fines Sierra Club $28,000 For "Express Advocacy" in Voter Guide

The Federal Election Commission (FEC) charged that in 2004 the nonprofit environmental group Sierra Club, a 501(c)(4), used funds from its corporate treasury to pay for a pamphlet "expressly advocating" the defeat of federal candidates. A specific guide was considered titled, "Let Your Conscience Be Your Guide," that used check marks to compare the environmental records of Bush and Kerry and the U.S. Senate candidates. It was found that the pamphlet “expressly advocated” Kerry and Castor’s election and Bush and Martinez’s defeat. This is the first major case to consider the express advocacy test after the Supreme Court case McConnell v. FEC.

As it says in the FEC press release, "the bar on using corporate treasury funds to pay for independent expenditures applies not only to communications containing so-called 'magic words,' such as 'vote for' or 'vote against,' but also to a broader set of communications that are 'unmistakable, unambiguous, and suggestive of only one meaning,' and can 'only be interpreted by a reasonable person as containing advocacy of the defeat of one or more candidates."

However, if the FEC sees express advocacy in this case, the numerous voter guides issued by issue oriented organizations during this past election may also be scrutinized as most do look at the candidates from their issue of concern, making them "unambiguous and suggestive of only one meaning." Now there seems to be very little guidance left for future elections, and further confusion between IRS and FEC rules. This case with the Sierra Club shows the likelihood of increased regulation of federal election activity. As suggested in Congressional Quarterly (subscription required), will this be the end of voter guides? The author suggests that churches might be the most affected. As Bob Bauer comments at the end of his blog on the topic; "Thus is born the new semiotics of campaign finance regulation. Such is what it means for advocacy to be “express." Also see this blog post on the issue from the Center for Competitive Politics.

Posted by Amanda Adams, 02:25:09 PM

Latest Entries by Theme

All Themes

Faith-Based Initiative

Elections and Issue Advocacy

Church Electioneering

Nonprofit Accountability

Charitable Giving

Speech and Lobbying Rights

Grants Streamlining

Charities and Security

General

Nonprofit Voter Mobilization