Nonprofits and Voter Mobilization

Articles & Analysis

U.S. Supreme Court Unleashes Money Pit by Striking Down Corporate Spending Limits in Citizens United Ruling

WASHINGTON, Jan. 21, 2010—The long-awaited decision in Citizens United v. Federal Election Commission was issued today. With a 5-4 vote, the U.S. Supreme Court overturned a 20-year-old precedent, which had stated that corporations can be prohibited from using money from their general treasuries to pay for their own campaign-related advertisements. Justices also struck down parts of the Bipartisan Campaign Reform Act, also known as the McCain-Feingold bill, which prohibited unions and corporations from running issue ads before primary and general elections. OMB Watch is disappointed in today's decision and fears it will lead to moneyed interests drowning out the voices of citizens and smaller advocacy organizations.

Nonprofits Play Role in Legislative Push to Remove Barriers to Voting

Nonprofits are playing a key role in a recent legislative push to remove barriers from the voting process. Various organizations have kept voting issues at the forefront by continuously informing the public about policies and tactics that disenfranchise voters. These organizations' efforts focus on military voting concerns, online voter registration, and election reform as a means to ensure that all citizens are able to vote as easily as possible.

Advocacy Groups File Suit over Violations of Voter Registration Law

A coalition of voting rights groups has filed lawsuits against two states, Indiana and New Mexico, for failing to adequately implement a section of the National Voter Registration Act (NVRA), commonly known as the Motor Voter law. The groups charge that the states' public assistance agencies and motor vehicle offices have not met their responsibilities to offer residents the opportunity to register to vote.

Report Demonstrates Continued Importance of Nonprofit Voter Engagement at Election Time

WASHINGTON, March 25, 2009—Today, OMB Watch released a report, How Nonprofits Helped America Vote: 2008, that demonstrates the continued importance of nonprofit voter engagement in the United States.

Conyers Introduces Bills Protecting Voter Rights in Election Aftermath

During the 2008 presidential election season, there were numerous allegations of attempts to disenfranchise legitimate voters. Some of the techniques involved voter caging, voter purging, and deceptive practices. To prevent the use of these techniques in the future, Rep. John Conyers (D-MI) introduced legislation that would ban deceptive practices and eliminate voter caging. He also introduced a bill that would restore voting rights to numerous individuals who have been convicted of felonies and would make Election Day a holiday.

Veterans Administration Again Reverses Itself to Allow Some Voter Registration Drives

Over the past several months, support has been growing to allow voter registration efforts at Department of Veterans Affairs (VA) facilities. In a reverse of policy, the VA will no longer ban voter registration drives for veterans living at federally operated nursing homes, shelters for the homeless, and rehabilitation centers across the country. A week after this change, the House passed the Veterans Voter Support Act to legislatively protect such activity and to ensure that the VA allow voter registration drives by nonpartisan groups. However, the VA told a Senate committee that it opposes the legislation in its current form.

Federal Court Denies Injunction and Upholds Strict Voter Registration Fines in Florida

On Aug. 6, the U.S. District Court for the Southern District of Florida denied the League of Women Voters of Florida's (LWVF) request for a preliminary injunction to prevent a harsh voter registration law from taking affect. The law levies substantial fines on organizations that register voters and that do not promptly deliver the completed voter registration forms to the Florida Division of Elections. While the law does prescribe tougher penalties for willful misconduct, it does not grant exemptions for undue hardships or for inadvertent errors.

IRS Directive Broadens Scope of Prohibited Web Links on Issues

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.

IRS to Continue Flawed Enforcement Program on Partisan Activities

In an April 17 letter, the Internal Revenue Service (IRS) announced that its enforcement program on partisan activities by charities and religious organizations will remain in effect for the 2008 election season. The IRS announcement provided some helpful information on how the agency will consider cases involving charities' websites, but it muddied the waters for organizations that publish voter guides. The announcement does little to mitigate the vagueness of the standard, a problem Rep. Adam Schiff (D-CA) addressed in a hearing where he called for a bright-line rule defining what is and is not allowed.

List of Known PACI Complaints

The Internal Revenue Service (IRS) Political Activities Compliance Initiative (PACI) enforces the ban on partisan activity by charities and religious organizations. On June 8, 2007 the IRS released a report on the initial results of its 2006 program." The results of the enforcement program to date show a continued low level of violations, with the number of 2006 investigations remaining about the same compared to 2004. The types of activities selected for investigation indicate that many cases occur in gray areas of the law, such as allowing candidates to speak at organizational functions or distributing printed materials.