States Failing to Implement Critical Voting Rights Laws

On April 1, the House Committee on Administration's Subcommittee on Elections held a hearing on state-level implementation of the National Voter Registration Act (NVRA), in particular a provision that was designed to enable low-income Americans to register to vote more readily. According to testimony by witnesses at the hearing, many states are not offering voter registration at public assistance agencies and are failing to live up to the promise of the NVRA to provide more equal access to the opportunity to vote.

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Senate Looks at Claims that Voter Fraud Justifies Photo ID Requirements

The Senate Committee on Rules and Administration held a hearing March 12 on the controversial tactics states and the federal government have used and proposed in response to claims of voter fraud. Senators who testified were sharply divided along partisan lines. Democrats argued that voter fraud is a false pretence used to justify laws that disenfranchise poor, minority, and elderly voters, but Republicans asserted that the problem is real and needs to be addressed. Nonpartisan witnesses cautioned lawmakers against exaggerating the extent of any election fraud.

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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.

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House Committee Hearing Highlights Lax Enforcement of Voting Rights

The House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties held a hearing on Feb. 26 to examine the problems of voter suppression and poor enforcement of voting rights. The hearing largely focused on the U.S. Department of Justice's (DOJ) lax enforcement of voting rights mandates in the National Voter Registration Act (NVRA). Evidence of tactics to prevent people from voting (voter suppression) was also presented.

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Ohio Restrictions on Voter Registration Drives Overturned

On Feb. 11, a federal judge in Ohio issued a permanent injunction blocking enforcement of a state law restricting voter registration activities. The Ohio law in question in Project Vote v. Blackwell limited the ability of third parties such as nonprofits to register citizens to vote in the state. Voting rights advocates hailed the decision as a victory for minority, disabled, and low-income voters who often rely on nonprofits to help with registration.

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Inconsistent Enforcement: IRS Findings in NAACP and All Saints Church Cases

A comparison of two high profile IRS investigations into allegations of election intervention - the All Saints Church and NAACP cases -highlights the vagueness of the regulation and the inconsistency of IRS enforcement. According to OMB Watch's analysis, the facts and circumstances of the All Saints Church and NAACP cases are very similar, but the IRS findings were very different.

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More Blurry Lines: IRS Warns on Web Links, Primaries Continue to Generate Complaints to Agency

The Internal Revenue Service (IRS) has warned that links from 501(c)(3) organization websites to other sites may be considered partisan if the facts and circumstances of the link indicate support or opposition for candidates. In addition, Americans United for Separation of Church and State (AU) lodged new complaints about possible partisan intervention in elections, which involve voter guides and the content of a newsletter.

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OMB Watch Analysis & Insight

OMB WATCH REPORT Overcaution and Confusion: The Impact of Ambiguous IRS Regulation of Political Activities by Charities and the Potential for Change
November 2007
Summarizes debate from August 2007 panel discussion sponsored by OMB Watch on IRS enforcement of the ban on partisan intervention in elections by 501(c)(3) organizations

Summary and Analysis: IRS Revenue Ruling on Charities and Election Activity
June 2007

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Nonprofits Object to Poison Pill Amendment in Senate Campaign Finance Disclosure Bill

A long-standing effort to require campaigns for the U.S. Senate to file their campaign finance reports electronically has hit a new roadblock. An amendment offered by Sen. John Ensign (R-NV) would infringe on contributor privacy rights by requiring donor disclosure by groups that file Senate ethics complaints. An ideologically diverse group of nonprofits sent a letter to Senate leadership voicing opposition to this proposal, saying the amendment's clear intent is "to discourage organizations from taking action to keep government accountable."

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Nonprofits File Comments on Proposed Electioneering Communications Rule

On Oct. 1, comments were due to the Federal Election Commission (FEC) on its proposed new rules to make the agency's regulations consistent with the U.S. Supreme Court decision in FEC v. Wisconsin Right to Life (WRTL II). That case held that paid broadcasts that cannot be reasonably interpreted as appeals to vote for or against a federal candidate must be allowed to air in the period before federal elections. These broadcasts were restricted by law. The FEC will hold a hearing on Oct. 17, and it plans to vote on a final rule by the end of November, in time for the presidential primaries.

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