Nonprofit Speech Rights | Center for Effective Government

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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Lobbying and Ethics Reforms Being Implemented

President Bush signed the Honest Leadership and Open Government Act of 2007 (HLOGA), S.1, on Sept. 14; revised House ethics rules took effect in March. The focus of these reforms has now shifted to implementation of the changes. Congressional officials have started developing the new forms and guidance that will be used by lobbyists to comply with the law. The Federal Election Commission (FEC) has proposed new regulations to implement campaign contribution bundling disclosure requirements. From lobbyists to lawyers, nonprofits, and members of Congress themselves, all parties in Washington have begun preparing for these and other adjustments to their current practices.

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Short Colbert Campaign Stirs Election Law Debate

On Oct. 16, Comedy Central comedian Stephen Colbert used his nightly television show to announce that he was running for President of the United States and would file to get on both the Democratic and Republican primary ballots in his home state of South Carolina. The campaign was cut short on Nov. 1 when the South Carolina Democratic Party Executive Committee voted 13-3 to reject his application to get on the ballot. Colbert did not file to run as a Republican because of the party's $35,000 filing fee.

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Whistleblower Case Reveals Possible Political Campaign Intervention

Three former Oral Roberts University (ORU) professors filed a lawsuit on Oct. 2 in Tulsa, OK, against the university, alleging they were wrongfully fired after they reported the private school's involvement in a local political race. They claim that ORU President Richard Roberts directed former government professor Tim Brooker to use his students and resources to support the 2005 mayoral campaign of Tulsa County Commissioner Randi Miller. This use of university resources would violate the institution's tax-exempt status.

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Conference Focuses on E-mail Frustration Felt by Congress and Advocacy Groups

On Oct.1, the Congressional Management Foundation (CMF), a nonpartisan nonprofit organization working to improve the effectiveness of Congress, held a forum on constituent communications with Congress. The goal of the conference was to "identify ways to make it easier for citizens to express their views to Congress in an effective way and for congressional offices to manage and get value from the communications they receive." The massive amount of e-mail Congress receives from constituents was the main topic of discussion. Both nonprofit advocacy groups and congressional staffers agreed that the current approach to e-mail communications works for neither side, but they were unable to find common ground on solutions. CMF will release a draft report in early 2008 on the conference and its research on the topic, with the goal of fostering a new model of constituent communications with Congress.

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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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Lobby and Ethics Reform Bill Becomes Law

On Sept. 14, President Bush signed into law the Honest Leadership and Open Government Act, S. 1. The new law amends some provisions of the federal Lobbying Disclosure Act (LDA) to make the relationship between lobbyists and lawmakers more transparent by requiring increased public disclosure of funds spent by lobbyists and of the actions of members of Congress. Because of rumors that President Bush would veto the measure, it was sent to him after Labor Day to avoid a veto while Congress was in recess.

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IRS Ends Two-Year Probe of California Church's Anti-War Sermon

All Saints Episcopal Church in Pasadena, CA, recently announced that the Internal Revenue Service (IRS) investigation which began in June 2005 has now been closed. The IRS will not revoke the church's tax-exempt status because of a 2004 anti-war, anti-poverty sermon delivered by its former pastor Rev. George F. Regas on the Sunday before the 2004 presidential election. However, the IRS concluded that the church in fact intervened in the election.

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Comments Urge IRS to Take Time with Form 990 Revisions

On Sept. 14, the Internal Revenue Service (IRS) closed comment on its proposed revisions to Form 990, the annual information return filed by nonprofits. A host of organizations have weighed in with extensive recommendations, and many are calling on the IRS to delay implementation until a second draft can be published for further comment and nonprofits have time to adjust their recordkeeping systems to track the new information that will be required. OMB Watch's comments focused on flaws in proposals for reporting advocacy-related activities.

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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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