IRS Directive Broadens Scope of Prohibited Web Links on Issues

On July 28, the Internal Revenue Service (IRS) sent a memo to revenue agents that contradicts earlier guidance relating to 501(c)(3) organizations' use of web links for issue advocacy. The memo indicated that web links may be considered prohibited intervention in elections, depending on their context, the number of clicks between a site and a partisan message on the linked site, and whether an organization has a position on an issue and links to candidates' positions.

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IRS to Continue Flawed Enforcement Program on Partisan Activities

In an April 17 letter, the Internal Revenue Service (IRS) announced that its enforcement program on partisan activities by charities and religious organizations will remain in effect for the 2008 election season. The IRS announcement provided some helpful information on how the agency will consider cases involving charities' websites, but it muddied the waters for organizations that publish voter guides. The announcement does little to mitigate the vagueness of the standard, a problem Rep. Adam Schiff (D-CA) addressed in a hearing where he called for a bright-line rule defining what is and is not allowed.

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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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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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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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Transcript: The Need for Clear Rules for 501(c)(3) Groups at Election Time (Pt. 1)

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:

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Nonprofits Mobilize to Fight Voter Suppression

A growing body of state laws and regulations governing voter registration and the voting process create barriers to voting that discriminate against minorities, new citizens and the elderly. Nonprofits are challenging these new voter suppression tactics, including filing several lawsuits. These voter drives build off efforts that support election reform programs mandated by the Help America Vote Act of 2002, and these developments illustrate just how important nonprofit organizations are as vehicles of civic participation.

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Roundup: Recent Nonprofit Efforts to Protect Voting Rights

Updated November 3, 2006. Nonprofits across the country are mobilizing to fight voter suppression efforts. Recently enacted state laws, one proposed regulation and a bill in Congress have united some nonprofits in an effort to curb government sponsored voter discrimination and suppression. Challenges brought by nonprofits have resulted in court victories, and decisions on proposed regulations are pending. These battles are being waged in a pivotal election year, amidst a backdrop of national efforts to curb voting registration, and a recent effort by some members of Congress to limit the reach of the landmark Voting Rights Act Reauthorization. This article provides a roundup of recent decisions and nonprofit efforts.

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Nonprofits File Suit Contesting Ohio's New Voter Registration Requirements

A coalition of organizations and individuals have filed suit to stop new voter registration rules in Ohio, charging they are designed to suppress the registration of minority and economically disadvantaged voters.

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