Nonprofit Speech Rights | Center for Effective Government

Bills to Regulate Independent 527s Reintroduced

Sponsors of the Bipartisan Campaign Reform Act (BCRA) have reintroduced legislation they pushed in 2005 and 2006 to subject independent section 527 political organizations to the same contribution limits and regulation as federal campaigns and political parties, with identical bills in the House (H.R.420) and Senate (S.463).

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Grassroots Lobbying Survey Results Demonstrate Strong Support for Disclosure

In early February, OMB Watch conducted a week-long Internet survey on federal grassroots lobbying disclosure that asked respondents to express their support or opposition to a variety of disclosure principles. Over 1,100 people responded to the survey, and the results were clear: strong support exists for federal grassroots lobbying disclosure.

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FEC Tells Court that Case-by-Case Regulation of Independent PACs Works

On Feb. 1, the Federal Election Commission (FEC) published new guidance for its 2004 rule defining when independent political committees are subject to federal campaign finance rules and contribution limits. The document responds to a court order seeking stricter regulation of 527 groups. In the guidance, the FEC cites its 2006 enforcement action against six groups as proof that its case-by-case approach — used to determine whether a group's "major purpose" is to influence federal elections — is workable.

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Courts Defining When Government Funds Cannot Support Faith-Based Programs

The U.S. Supreme Court will soon hear oral arguments about whether taxpayers have the right to challenge the constitutionality of government funding for conferences supported by the White House Office of Faith-Based and Community Initiatives that are alleged to promote religious groups over secular ones. Meanwhile, several recent court decisions involving separation of government-funded and religious programs provide some clarity to vague federal regulations.

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OMB Watch Proposal: Revise Grassroots Disclosure Amendment to the LDA

OMB Watch has proposed a revised version of the grassroots lobbying disclosure provision that was dropped from S. 1, the Senate's ethics and lobbying reform bill. The text of the proposed amendment to the Lobbying Disclosure Act (LDA) follows a short explanation.

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Supreme Court to Hear Challenge to Ban on Broadcasts (Again)

The long-running debate over whether grassroots lobbying broadcasts should be exempt from the federal ban on "electioneering communications" may finally be resolved in 2007. On Jan. 19, the Supreme Court agreed to hear Federal Election Commission v. Wisconsin Right to Life during its current term, making a final decision before the 2008 elections likely. The case challenges the McCain-Feingold campaign finance rule barring corporations, including nonprofits, from paying for broadcasts that mention federal candidates 60 days before a general election or 30 days before a primary. The Supreme Court decision is likely to determine how the Federal Election Commission (FEC) uses its power to create exemptions to the rule and may generate action in Congress as well.

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Misinformation Campaign Defeats Grassroots Lobbying Disclosure in Senate

When the Senate passed S. 1, the Legislative Transparency and Accountability Act of 2007, on Jan. 18, it left out a provision that would have required big dollar federal grassroots lobbying campaigns to disclose their spending and the identity of their clients. The provision was taken out after an intensive campaign by opponents that was primarily based on inaccurate information or interpretations that were at odds with the stated intentions of the sponsors.

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Senate Passes Ethics and Lobbying Reform Bill

On Jan. 18, the Senate passed its first major piece of legislation, S. 1, the Legislative Transparency and Accountability Act of 2007. The sweeping measure covers congressional travel, gifts, and lobbying activity and increases disclosure. However, senators rejected proposals to create an independent ethics panel and to require big dollar grassroots lobbying campaigns to disclose their spending. Grassroots lobbying disclosure and other proposals now move to the House, which has passed its own ethics rules, but has yet to act on amending the Lobbying Disclosure Act. Travel and Gifts

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Myth v. Fact: The Impact of Federal Grassroots Lobbying Disclosure in S. 1

In a Dec. 30, 2006 letter to Public Citizen, American Target Advertising, Inc. explains its opposition to legislation that would require disclosure of big money grassroots lobbying campaigns on federal legislation (S.1 ). The letter gives some examples that misstate what the bill would do and are contrary to the stated intentions of the bill's sponsors. To reduce the confusion we have provided alternative answers to the hypothetical questions American Target Advertising (ATA) poses in its letter. Updated Jan. 18, 2007: More Myths and Facts

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Opponents of Grassroots Lobbying Disclosure are Wrong about Impact on Nonprofits

WASHINGTON, Jan. 12, 2007—Public statements by some opponents of a provision in S. 1, the Senate ethics and lobby reform bill that would bring transparency to big money grassroots lobbying campaigns, have misled many nonprofits into believing the proposal is an effort to silence criticism of Congress and a plot by liberals to keep conservative viewpoints from being heard.

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