Public Comments Ask FEC to Clarify, Simplify Campaign Finance Rules

After seeking public comments on ways to improve campaign finance regulation, enforcement, and compliance, the Federal Election Commission (FEC) heard a common theme: its rules and procedures can hinder nonprofits and small organizations from effectively participating in the political process. Nonprofits, including OMB Watch, recommended improvements that the FEC can make to ensure that all groups can fully participate in our democracy. A public hearing on the rules will be held on Jan. 14.

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'Twas the Night before New Year

'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.


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Legal Battles Continue on What Constitutes Issue Advocacy

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.

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Complaints about Church Electioneering Continue

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).

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Nonprofit Voter Protection Efforts Going Full Tilt

Nonprofit organizations have taken an active role in voter protection efforts this election season, leading the way with voter registration initiatives, fighting unlawful voter purges, protecting student voting rights, and fighting voter ID requirements, among other activities.

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Pastors Challenge Church Electioneering Ban

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.

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Voter Purging Allegations Arise as November Election Nears

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.

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Organization's Election-Related Activities Raise Questions

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.

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Anti-Obama Group Seeks Exemption from Campaign Finance Rules

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.

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OMB Watch Staff: Lateefah Williams

Nonprofit Speech Rights Policy Analyst

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