Campaigning, Advocacy and Lobbying by Public Charities
-
Upload
cynthiarrowland -
Category
Documents
-
view
153 -
download
4
Transcript of Campaigning, Advocacy and Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP 1
Roundtable Series May 17, 2012
Coblentz, Patch, Duffy & Bass LLP www.coblentzlaw.com
Campaigning, Advocacy & Lobbying by
Public CharitiesA Look at Some
“Do”s and “Don’t”sPresented by:
Cynthia R. Rowland
© 2012 Coblentz, Patch, Duffy & Bass LLP 2
Permitted Activities
Engage in limited lobbying, including
ballot measure advocacy.
Conduct public education and training
about participation in campaigns.
Educate candidates.
Canvass or poll the public on issues.
Campaigning, Advocacy & Lobbying by Public Charities
A Public Charity may do all of the following:
© 2012 Coblentz, Patch, Duffy & Bass LLP 3
Permitted Activities with Restrictions
Prepare candidate questionnaires
Publish candidate qualifications
Sponsor candidate debates
Conduct voter registration drives
Campaigning, Advocacy & Lobbying by Public Charities
A Public Charity may do the following with restrictions:
© 2012 Coblentz, Patch, Duffy & Bass LLP 4
Campaigning, Advocacy & Lobbying by Public Charities
What are Prohibited Political Campaign Activities?
Endorsing a candidate for public office
Urging the public to vote for or against a specificcandidate
Contributing money to an election campaign
Forming or supporting a political action committee (PAC)
Providing mailing lists to candidates
“Scoring” or “Grading” candidates
Providing campaign workers to campaigns
for public office
Supporting political party platforms
Linking to candidate or PAC website
© 2012 Coblentz, Patch, Duffy & Bass LLP 5
Special Issues
Policy Advocacy vs. Campaign
Intervention
Communications
Personal Actions of Directors, Officers
and Employees
Use of Charity Resources
Federal Election Campaign Rules,
State and Local Laws
San Francisco – Contributions from
Officers and Directors
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP 6
What Types of Communications Do I Need to Worry About?
All Communications, Including
Advocacy, Fundraising and
Educational
Credible Disclaimer
Watch Out For
Distorted Facts
Code Words
Emotional Appeals
Unsupported by
Reasoned Analysis
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP 7
Do I Have The Personal Right to Campaign for a Candidate?
Official Functions
No Campaign Activity Allowed
Other Functions
Identification Only
“Organization shown for identification
purposes only; no endorsement by
the Organization is implied.”
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP 8
What Charity Resources May I Use for Campaign Activity?
Websites, Social Media
Letterhead
Servers and Computing Capacity,
Including Email Addresses
Release Time
And, obviously, cash
Campaigning, Advocacy & Lobbying by Public Charities
Receipt of Educational Materials in
Furtherance of Job Duties
No:
Yes:
© 2012 Coblentz, Patch, Duffy & Bass LLP 9
Candidate Questionnaires/Voter Guides
All Facts and Circumstances
Clear and unbiased in structure and
content
Questions to candidates identical to
questions in guide
Candidate explanations included; yes/no
not favored by IRS
Unedited responses
All candidates for office included
Appropriate scope
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP 10
Candidate Appearances
If Candidate invited to speak as a
Candidate:
Equal opportunity to all
No indication of support or opposition
If Forum or Debate, no bias and
Questions prepared and presented by
independent nonpartisan panel
Broad range of topics
Equal opportunity to express views
No challenge to agree or disagree with
organization’s views
No moderator comments for/against
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP 11
Candidate Appearance as Noncandidate
Speaks solely for reasons other than candidacy
Speaks only in noncandidate capacity
Neither candidate nor any representative
of the organization mentions candidacy
No campaign activity in connection with
event, before or during
Maintain nonpartisan atmosphere
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP 12
Voter Registration and Get Out The Vote
Must be Nonpartisan
Facts and Circumstances Test
Either no candidate or all candidates for a particular office named without favoring any candidate over any other Name no political party except for identifying the
political party affiliation of all candidates names Communications must be limited to urging voting, registering and describing hours and
places of registration and voting All voter registration and get-out-the-vote drive services are made available without regard to the voter’s political preference Activity actually conducted without favoritism
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP 13
Voter Registration Drives –Foundations
Code § 4942(f):
not confined to one specific election period
carried on in five or more states
substantially all income is spent directly for the active
conduct of the activities constituting the exempt
purpose
substantially all of the support from the public, not more
than twenty five percent (25%) of such support is
received from any one exempt organization, and not
more than half of the support of which is received from
gross investment income
contributions to which for voter registration drives are
not subject to conditions that they may be used only in
specified States, or that they may be used in only one
specific election period
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP 14
What Policy Advocacy is OK?
Within Job Description
Broad Social, Economic and Similar
Issues
Not Propaganda
Not Coded to Oppose or Support a
Candidate
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP
Grant Proposals: Red Flags
Campaigning, Advocacy & Lobbying by Public Charities
Proposals that are “nonpartisan”
Proposals that cover permitted and impermissible activities: One bad apple?
Proposals to influence public policy (acceptable) by influencing candidates (not)
© 2012 Coblentz, Patch, Duffy & Bass LLP
Special Case: San Francisco Political Contribution Prohibition
For certain contracts with the City, the contracting party is prohibited from making contributions to officials approving the contract.
16
Campaigning, Advocacy & Lobbying by Public Charities
Types of Contracts: $50,000 or greater annually; the sale or lease of any land or building; or a grant, loan or loan guarantee, among others.
Contracting Party: Contracting entity; Entity’s Officers; Entity’s Directors.
© 2012 Coblentz, Patch, Duffy & Bass LLP
Special Case: San Francisco Political Contribution Prohibition
17
Campaigning, Advocacy & Lobbying by Public Charities
Covered City Officials: Any elected official that
Must approve the Contract
Candidate for that office Candidate's
committees.
Covered Contributions: Broadly defined; Includes
Meetings/Fundraising events at home or office of covered party Contracting entity.
Notice: Entity must notify
officers and directors of prohibition prior to commencement of negotiations.
Time Periods: Upon commencement
of negotiations Until termination or 6
months from approval.
© 2012 Coblentz, Patch, Duffy & Bass LLP 18
Introduction to Legislative Lobbying
IRC 501(h) Election
No “Substantial Part” of Activities
Objective Test If Election Made
What is Legislation?
Grass Roots vs. Direct
Exempt Purpose Expenditures
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP
The “No Substantial Part” Test
Entirely Subjective No bright lines, no safe harbor Case law suggests 5% Not measured by expenditures
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP 20
Disclosure
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP 21
What is “Direct Lobbying”?
Directed to a Legislator or
Government Official
Refers to Specific Legislation
Reflects a View on Such Legislation
Note: Ballot Initiative “Legislator” is
The Public
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP 22
What is “Grass Roots Lobbying”?
Refers to Specific Legislation
Reflects a View on Such Legislation
Encourages the Recipient of the
Communication to Take Action
With Respect to the Legislation
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP 23
What is NOT Lobbying?
Nonpartisan Analysis, Study and
Research
Broad Social, Economic and Similar
Problems
Requests for Technical Advice
Self-Defense
Administrative Rules and Regulations
Advocacy Communications
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP 24
What is an Example of an Advocacy Communication?
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP 25
What is an Example of a Grass Roots Lobbying Communication?
Campaigning, Advocacy & Lobbying by Public Charities
© 2012 Coblentz, Patch, Duffy & Bass LLP 26
Resources for More Information
Internal Revenue Service www.irs.gov/charities
Alliance for Justice www.afj.org
Campaigning, Advocacy & Lobbying by Public Charities
476532
© 2012 Coblentz, Patch, Duffy & Bass LLP 27
Roundtable Series May 17, 2012
Coblentz, Patch, Duffy & Bass LLP www.coblentzlaw.com
Campaigning, Advocacy & Lobbying by
Public CharitiesA Look at Some
“Do”s and “Don’t”sPresented by:
Cynthia R. Rowland