Nonprofits Challenge Two Florida Laws Regulating Voter Registration
Sep 25, 2007 by Sam Kim
Nonprofit groups have launched two separate efforts to challenge voter registration laws passed by the Florida legislature that would suppress voting, especially among minority populations. First, the U.S. Department of Justice has been asked to reject a recently passed law that would discourage nonprofit voter registration drives by making it difficult to collect and submit completed registration forms in batches. Second, a lawsuit was filed Sept. 18 challenging a requirement that all voter registration applications match Social Security or driver's license numbers. When spelling errors or other glitches occur, voters are required to go through a complicated process that discourages voting.
read in fullTranscript: The Need for Clear Rules for 501(c)(3) Groups at Election Time (Pt. 2)
Sep 21, 2007 by Sam Kim
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read in fullTranscript: The Need for Clear Rules for 501(c)(3) Groups at Election Time (Pt. 1)
Sep 21, 2007 by Sam Kim
On Aug. 3, 2007 OMB Watch sponsored a panel discussion on The Need for Clear Rules for 501(c)(3) Groups at Election Time. The speakers were Gregory Colvin, Attorney, Silk Adler & Colvin, expert and author on nonprofit lobbying and political activities. Co-Chair of the Subcommittee on Political and Lobbying Organizations and Activities of the Exempt Organizations Committee of the Tax Section of the American Bar Association, Beth Kingsley Attorney at Harmon Curran Spielberg & Eisenberg specializing in tax exemption, lobbying, policy advocacy and federal election law. Co-chair of the ABA Exempt Organizations Committee's subcommittee on Forms, Rulings, and Administrative Developments, Marcus Owens, Former IRS Director of Exempt Organizations Division and attorney at Caplin & Drysdale. Represents a broad range of tax-exempt organizations. Projects include organizations interested in public policy but concerned with legislative and political activities. Co-chair of the ABA Tax Section EO Committee's Subcommittee on Audits and Appeals and Karl Sandstrom, Attorney at Perkins Coie, specializing in political and federal campaign finance law. Wrote the friend of the court briefs on behalf of charities in FEC v. Wisconsin Right to Life, with co-author Ezra Reese. Teaches at Washington College of Law, American University. Served as a Commissioner on the Federal Election Commission from 1998-2002. Kay Guinane of OMB Watch moderated the panel. Here is a transcript of the discussion:
read in fullPanel Discussion Focuses on Need for Clear Rules for 501(c)(3) Groups at Election Time
Aug 7, 2007 by Sam Kim
On Aug. 3, OMB Watch sponsored a panel discussion to address the pros and cons of creating a bright line rule defining what is and is not prohibited partisan intervention in elections by charities and religious organizations. The panelists addressed problems created by the current "facts and circumstances" test, which allows the Internal Revenue Service (IRS) to apply its interpretation of the standard on a case by case basis. They also discussed action the nonprofit sector can take to propose and promote a bright line test.
read in fullSenate Bill Bans States from Limiting Nonprofit Voter Registration Drives
Aug 6, 2007 by Sam Kim
On July 25, the Senate Rules Committee held a hearing on an election reform bill that includes a provision that would prevent states from placing undue restrictions on voter registration drives by nonprofits. During the last several years, there has been an increase in the number of voters registered through voter registration drives conducted by charities and other third parties, such as the League of Women Voters and ACORN. Discussion of the bill before the committee — the Ballot Integrity Act of 2007 (S. 1487) — largely focused, however, on provisions that mandate paper records for all electronic voting machines.
read in fullHandouts for August 3rd Panel: The Pros and Cons of an IRS Bright Line Rule for Campaign Activities
Aug 3, 2007 by Amanda Adams*
Rev. Rul. 2007-41
Greg Colvin, "Safe Harbor: Nonpolitical Speech By Exempt Organizations"
July 2006 OMB Watch Report The IRS Political Activities Enforcement Program for Charities and Religious Organizations: Questions and Concerns
Legal Rules for Nonpartisan Voter Education, Outreach, and Participation by Nonprofits
OMB Watch report: How Nonprofits Helped America Vote: 2006
read in fullFEC Will Draft Rule Allowing Issue Advocacy Broadcasts
Jul 24, 2007 by Sam Kim
Following the June U.S. Supreme Court ruling in Federal Election Commission vs. Wisconsin Right to Life, Inc., which found the federal electioneering communications ban unconstitutional when applied to genuine issue ads, there has been a fast-paced effort to tie up loose ends in related cases and set the stage for the 2008 election. The Federal Election Commission (FEC) announced that it will issue a proposed rule in August to incorporate the decision into its regulations. In two related court cases, the FEC conceded that certain ads in question were genuine issue ads, including one that was critical of a senator's position on a bill. The "electioneering communications" provision of the Bipartisan Campaign Reform Act of 2002 (BCRA) prohibits corporations, including nonprofits, from paying for broadcasts that refer to a candidate for federal office within 30 days of a primary and 60 days of a general election.
read in fullStates Failing to Implement National Voter Registration Act
Jul 10, 2007 by Sam Kim
In its biennial report to Congress on the status of the National Voter Registration Act (NVRA), the Election Assistance Commission (EAC) provided data showing that states have failed to fully implement the 1993 law.
read in fullAftermath of Supreme Court's Ruling Exempting Grassroots Lobbying from Campaign Finance Restrictions
Jul 10, 2007 by Sam Kim
Reactions to the U.S. Supreme Court's ruling in Federal Election Commission v. Wisconsin Right to Life (WRTL) include dire predictions of massive amounts of soft money spent on sham issue ads before the 2008 elections, and even the end of the entire campaign finance regulatory regime. But the actual impact of the decision, which exempts grassroots lobbying broadcasts from the "electioneering communications" ban on corporate funded broadcasts that refer to federal candidates within 60 days of a general election or 30 days of a primary, is likely to be much more limited. The Federal Election Commission (FEC) must decide whether or not it will establish a rule implementing the decision, while a similar case has been sent back to a lower court for a ruling consistent with the Supreme Court's opinion.
read in fullU.S. Attorney Firings Expose Political Nature of Attack on ACORN's Voter Mobilization Efforts
Jul 10, 2007 by Sam Kim
Current congressional investigations into the Bush administration's 2006 firing of nine U.S. attorneys have revealed that one motivation behind the firings may have been the attorneys' refusal to pursue allegations of voter fraud as aggressively as the administration would have liked. Unfortunately, the attorneys were not the only casualty of the hunt for voter fraud. ACORN — an organization dedicated to empowering low-income communities across the country — also became a victim in what appears to be a politically motivated assault on its voter registration efforts.
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