Nonprofit Speech Rights | Center for Effective Government

Bipartisan Effort Supports E-Filing of Senate Campaign Contributions

The Senate Campaign Disclosure Parity Act (S.1508), which has yet to be reported out of committee, would require U.S. Senate candidates to file their federal campaign finance reports electronically, just like House and presidential candidates do, and many critics say it's high time. Currently, Senate candidates report on paper and then those pages of contributors are entered manually by the Federal Election Commission (FEC), a time consuming process that denies the public the right to know who is contributing to a Senator's election campaigns when it matters most -- before the election.

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Law Meant to Regulate 'Sham' Issue Ads Instead Silences Citizens Groups

Statement of AFL-CIO, Chamber of Commerce, National Education Association and OMB Watch
Sept. 8, 2006 marked the beginning of a 60-day blackout period for broadcasts that mention federal candidates, even if the broadcasts are wholly unrelated to the election. As organizations deeply concerned with public policy issues, we condemn this clampdown on free speech.

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FEC Deadlocks on Grassroots Lobbying Broadcast Exemption

On Aug. 29 the Federal Election Commission (FEC) voted down a proposed interim rule that would have exempted grassroots lobbying broadcasts from a federal rule banning ads that mention an incumbent before an election. The vote on the grassroots exemption failed on a 3-3 party-line vote, with Democrats rejecting all proposals.

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IRS Drops Case Against NAACP

On Aug. 31 the National Association for the Advancement of Colored People (NAACP) announced that, after an investigation lasting nearly two years, the Internal Revenue Service (IRS) found the group did not violate the ban on partisan electioneering in 2004. The group will thus retain its tax-exempt status. The case raised questions about the right of charities and religious organizations to criticize elected officials' policies, the role of partisan politics in IRS investigations, and the legality of the new IRS enforcement program.

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Nonprofits Should Be Encouraged by IRS Decision to Drop NAACP Case

OMB Watch Statement on End of IRS Investigation of NAACP
Today the NAACP announced that the IRS has found that it did not violate the ban on partisan electioneering for charitable groups when its chairman, Julian Bond, criticized several Bush administration policies during a speech given at its 2004 national convention. OMB Watch is encouraged by the outcome and believes now is the time to examine the IRS procedures that led to the controversial case.

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FEC Decision Is a Blow to Civic Participation

Statement on FEC's Failure to Consider Grassroots Lobbying Exemption
The public deserves consideration of the merits of proposals to protect grassroots lobbying. Today, that discussion was blocked, and it was a loss for civic participation and grassroots involvement in democracy.

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As Elections Near, New Complaints of Partisan Activity Filed Against Religious Groups

New complaints filed with the Internal Revenue Service (IRS) accuse churches in Missouri and Texas of participating in partisan political activities that are prohibited under the tax code. Meanwhile, Focus on the Family announced a new voter mobilization drive aimed at evangelical churches which will likely result in IRS complaints before the November elections. Both developments highlight the continued confusion and ambiguity that have plagued IRS policy on voter education and mobilization activities by nonprofits. Missouri Catholic Conference and Voter Education on Stem Cell Research

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FEC Releases Proposed Exemption for Grassroots Lobbying Broadcasts

The Federal Election Commission is set to vote soon on a grassroots lobbying exemption to the Bipartisan Campaign Reform Act's election-season ban on broadcast communications that discuss a federal candidate. On Aug. 3, the Federal Election Commission (FEC) released a proposal to allow corporations and unions to fund advertisements 60 days before a general election or 30 days before a primary, on either television or the radio, discussing a federal candidate's position on an issue. Specifically, the advertisement must:

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GAO Finds More Grantee Input, Standardization Needed in Grants Streamlining

A new report by the Government Accountability Office found that, while some progress has been made in the federal government's effort to simplify and streamline grant-making procedures, there is still room for improvement. Consequently, federal grantees may be continuing to divert resources from program objectives to comply with burdensome administrative requirements.

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OPM Drops Problematic CFC Certification on Lobbying Expenses

Under pressure from nonprofit groups, the Office of Personnel Management, the independent federal agency that manages civil service government employment, proposed last month to drop an unclear certification requirement discouraging nonprofits from conducting legally-permissible issue advocacy.

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