Nonprofit Speech Rights

Resource Center: IRS Rules on Election Activities of Charities

 

IRS enforcement of the ban on partisan activities by charities and religious organizations leaves many groups uncertain about what is prohibited partisan intervention. Our resource center follows developments in the Political Activities Compliance Initiative (PACI) in working towards clear rules for nonpartisan voter engagement.

Articles & Analysis

Super (Loud) PACs and Soft-spoken Issue Advocates

Outside groups are spending nearly 1,300 percent more on broadcast advertising for the 2012 election than they did in 2008, according to an analysis released on Jan. 30. This is the clearest demonstration yet that Citizens United v. Federal Election Commission has fundamentally rewritten the rules for political spending.

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Pulpit Freedom Sunday Clarifies the Need for Clarity

Hundreds of pastors took to their pulpits on Sunday, Oct. 2, to engage in an annual civil disobedience ritual known as Pulpit Freedom Sunday. Initiated by the Alliance Defense Fund and supported by Glenn Beck, Pulpit Freedom Sunday aims to challenge the current prohibition on partisan electioneering by churches and other 501(c)(3) organizations.

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Neither Death Nor Certainty for the 501(c)(4) Gift Tax

Anyone keeping tabs on the efforts of the Internal Revenue Service (IRS) to assess gift taxes on major donations to 501(c)(4) organizations should be wondering if the old adage regarding the certainty of death and taxes needs to be updated in the post-Citizens United era.

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Regulating Political Advertisements: Looking Beyond the FEC

Over the past several election cycles, the statement that “I’m John Smith, and I approved this message” has become a ubiquitous part of the political lexicon. If the Media Access Project has its way, however, a whole new series of disclosures will become just as familiar to the American public.

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CREW Sues the Federal Election Commission over Case Dismissals

Citizens for Responsibility and Ethics in Washington (CREW) and Melanie Sloan, its executive director, recently filed a lawsuit against the Federal Election Commission (FEC) for continually dismissing cases without providing information about the decisions. Those who file complaints with the FEC are often unable to legally challenge the commission's dismissal actions or obtain the reasons for the dismissals.

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OMB Watch Applauds White House Move to Quickly Fill Ethics and Government Reform Roles upon Norm Eisen Departure

WASHINGTON, Aug. 6, 2010—Today, OMB Watch joined with several other good government groups to applaud the work of Norm Eisen, Special Counsel to the President for Ethics and Government Reform. The groups also expressed appreciation that the White House has moved swiftly to replace Eisen, who is departing to become Ambassador to the Czech Republic.

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FEC Approves Advisory Opinions for Independent Expenditure Committees

The Federal Election Commission (FEC) recently voted 5-1 to approve advisory opinions allowing two political organizations to collect unlimited contributions for independent expenditures in federal campaigns. The groups, the conservative Club for Growth (the Club) and pro-Democratic Commonsense Ten, will disclose their donors and spending to the FEC. The opinions provide some guidance to entities that wish to raise and spend unlimited amounts of money to run ads supporting or opposing candidates for federal office.

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Supreme Court Says States May Disclose Petition Signatories

On June 24, the U.S. Supreme Court ruled 8-1 that states may publicly disclose referendum petition signatures. The case, Doe v. Reed, centers on the public's right to know who signed petitions related to Referendum 71, a 2009 attempt to overturn Washington State’s expanded domestic partner law, which gives gay and lesbian couples the same rights as married couples.

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House Passes DISCLOSE Act, Senate Struggle Begins

On June 24, the House passed the DISCLOSE Act by a close, largely party-line vote of 219-206. Supporters praise the bill as a success for transparency, while critics argue that it is an attack on the First Amendment and creates unfair exemptions for groups such as the National Rifle Association. The companion bill in the Senate, S. 3295, must now overcome many obstacles.

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Wrangling over DISCLOSE Act Slows Bill Down, but Deal May Be Near in House

Some members of Congress have started to explore exempting certain nonprofits from the DISCLOSE Act, the bill developed by Democrats to respond to the Citizens United v. Federal Election Commission decision from the U.S. Supreme Court. While some nonprofits are concerned about donor disclosure requirements in the bill, other groups are concerned that exemptions or changes to the bill would render the legislation ineffective. These organizations worry that without strong disclosure requirements, the bill would allow political ads sponsored by anonymous sources to flood the airwaves at election time.

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