Group Asks FEC if Federal Election Law Preempts State Robocall Laws
Dec 8, 2009
Robocalls – automated phone messages – are one of the least expensive methods that political candidates use to reach voters. However, restrictions on unsolicited calls have complicated efforts by candidates who want to use political robocalls. While political robocalls are exempt from the national "do not call" registry, some states have implemented restrictions on them. A political organization is now asking whether these state laws run afoul of federal law.
read in fullNonprofits Play Role in Legislative Push to Remove Barriers to Voting
Nov 10, 2009
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.
read in fullSupreme Court Rehears Citizens United Case; Decision Could Impact Nonprofits
Sep 15, 2009
Citizens United, a 501(c)(4) nonprofit organization, developed and sought to run a film about candidate Hillary Clinton during the 2008 presidential primary. The group also wanted to promote the film with several ads. The highly critical movie was partially funded by corporate contributions, which the Federal Election Commission (FEC) said was a violation of the Bipartisan Campaign Reform Act of 2002 (BCRA). In a federal lawsuit recently reheard by the U.S. Supreme Court, Citizens United charges that ads for the film should not be subject to donor disclosure and disclaimer requirements and that the BCRA provisions enforced by the FEC are unconstitutional.
read in fullAdvocacy Groups File Suit over Violations of Voter Registration Law
Jul 14, 2009
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.
read in fullSupreme Court Upholds "Preclearance" Provision in 1965 Voting Rights Act
Jun 30, 2009
The U.S. Supreme Court upheld the "preclearance" provision in Northwest Austin Municipal Utility District No. 1 (NAMUDNO) v. Holder, a case in which a small utility district in Texas challenged Section 5 of the Voting Rights Act of 1965. Section 5, reauthorized by Congress in 2006, applies to all or parts of 16 states. It requires those states to get federal approval before changing election rules or procedures, due to past laws and practices that discriminated against and disenfranchised racial minorities. This provision is referred to as the "preclearance" provision.
read in fullTax-exempt Organizations’ Involvement in Hot-Button Issues Spurs IRS Complaints
Jun 2, 2009
The recent involvement of tax-exempt organizations in hot-button political issues has caused watchdog groups to question if the organizations are engaging in prohibited campaign intervention. The tax code prohibits certain organizations, including charities and churches, from intervening in any political campaign on behalf of, or in opposition to, any candidate for public office. The involvement of these organizations in political causes reflects the nonprofit sector’s valuable interest in social issues and public affairs. However, that interest is hampered by the uncertainty of what is allowed in many election-related activities.
read in fullReport, Comments Reveal Need for Regulatory Clarity at IRS
Jun 2, 2009
Every year, the Department of the Treasury and the Internal Revenue Service (IRS) request public comments on recommendations for their Guidance Priority List to identify tax issues that should be addressed through regulations, revenue rulings, revenue procedures, notices, and other guidance for the year. OMB Watch recently submitted comments that urge the IRS to prioritize the creation of a bright-line definition of prohibited political activity for tax-exempt charities and religious organizations. Such clarity is particularly important given recent findings that IRS agents have not properly differentiated between permissible advocacy and activities that are considered partisan election intervention.
read in fullSurge of Voter Reform Efforts Spreads Across the Nation
May 19, 2009
There is a new surge of voter reform efforts sweeping the nation. Some of these efforts are designed to stimulate voter participation by easing barriers to voter registration through use of electronic mediums such as the Internet and e-mail. Other measures seek to impede the voting process in response to allegations of voter fraud during the 2008 elections, despite research indicating that voter fraud cases are rare and greatly exaggerated.
read in fullOral Arguments Indicate Court May Strike Down Key Voting Rights Provision
May 6, 2009
On April 29, the U.S. Supreme Court heard oral arguments in Northwest Austin Municipal Utility District No. 1 (NAMUDNO) v. Holder, a case in which a small utility district in Texas is challenging Section 5 of the Voting Rights Act of 1965. Section 5 was reauthorized in 2006 and applies to all or part of 16 states, including nine states in their entirety. It requires those states to seek federal approval before changing election rules or procedures due to past laws and practices that discriminated against and disenfranchised racial minorities.
read in fullSupreme Court to Decide on Key Provision of 1965 Voting Rights Act
Apr 21, 2009
Northwest Austin Municipal Utility District No. 1 (NAMUDNO) v. Holder, a U.S. Supreme Court case in which a small utility district in Texas is challenging Section 5 of the Voting Rights Act of 1965, is scheduled for oral argument on April 29. Section 5, reauthorized in 2006, applies to all or part of 16 states, and it applies to nine states in their entirety. It requires those states to get federal approval before changing election rules or procedures, due to past laws and practices that discriminated against and disenfranchised racial minorities. This provision is referred to as the "preclearance" provision.
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