NAACP Releases Information on IRS Audit

Seven Republican members of Congress filed complaints with the IRS in 2004, claiming the National Association for the Advancement of Colored People (NAACP) engaged in partisan electioneering, leading to an IRS probe, according to agency documents released to the NAACP under the Freedom of Information Act (FOIA). The NAACP has asked the Treasury Inspector General for Tax Administration (TIGTA) to review the IRS's failure to fully respond to its FOIA requests.

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USAID Pledge Requirement Again Found Unconstitutional

A second federal judge has ruled that a sweeping restriction on the privately funded speech of groups participating in the federal government's international HIV/AIDS program violates the First Amendment.

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Federal Grant Rules in the Courts

Decision Favors Charity, Another Case Challenges OMB Favoritism of Faith-Based Groups In a victory for nonprofit advocacy rights, a sweeping restriction on the privately-funded speech of nonprofits that participate in the U.S. government's international HIV/AIDS program has been held in violation of the First Amendment. Meanwhile, a challenge is being mounted against an OMB grading system allegedly used to encourage an increase in government funding to religious charities.

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Lobby Reform Bill Squeaks Through House

A lobbying and ethics reform bill that barely passed the House last week is headed to what will likely be a contentious conference between the House and Senate, with lawmakers far from agreement on what to do about legislative earmarks, congressional travel paid by non-governmental entities, and 527 organizations, among other issues.

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Federal Court Rejects Challenge to Limitations on Grassroots Broadcasts

On May 9 a federal court denied the Christian Civic League of Maine's (CCLM) request for a preliminary injunction, allowing a Federal Election Commission (FEC) rule that bans "electioneering" broadcasts to be applied to the nonprofit group. The FEC prohibits broadcast references to federal candidates 30 days before a primary or 60 days before an election. Because the injunction was rejected, starting on May 14 and lasting until June 13 (when the senate primary in Maine takes place) CCLM will be barred from airing grassroots lobbying ads urging people in Maine to contact Sen.

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New Election Year Resources for Nonprofits

The Congressional Research Service (CRS) has released a report to members of Congress that explains restrictions on advocacy and election activity by different types of nonprofits, along with reporting and disclosure requirements that apply to each type. The report should help reduce confusion on the Hill about nonprofit advocacy. OMB Watch has summarized the report as a resource for nonprofit organizations in this election year. In addition, NPAction.org, hosted by OMB Watch, has launched Nonprofits Can Help America Vote!, an online resource dedicated to guiding and increasing nonprofits' activities around elections.

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House to Vote on Lukewarm Lobby Reform Bill

Following intense negotiations, House leadership sent a lobbying and ethics package to the floor for a May 3 vote made up of watered-down provisions that passed through five committees. A rule restricting amendments during the floor debate will prevent reform advocates from strengthening these provisions.

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Summary of 'Tax-Exempt Organizations: Political Activity Restrictions and Disclosure Requirements'

On April 20, 2006 CRS released Tax-Exempt Organizations: Political Activity Restrictions and Disclosure Requirements, which explains the Internal Revenue Code (IRC) limitations on lobbying and campaign intervention by groups exempt under IRC 501(c)(3) (charities, religious organizations and private foundations), 501(c)(4) (social welfare organizations), 501(c)(5) (labor unions), 501(c)(6) (trade associations) and 527 political committees. 501(c)(3) Organizations

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Must Pass Legislation Likely Targets for Anti-Advocacy Provisions

Recent lobby and ethics reform bills in the Senate and House have become targets for proposals designed to chill nonprofit advocacy. While these proposals have failed so far, their emergence after the anti-advocacy provisions inserted into a housing bill in the fall of 2005 indicates that some members of Congress may continue attempts to silence nonprofits. This requires ongoing vigilance from the sector.

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More Policy Summaries

See background information on issues affecting nonprofit advocacy, with links to related news, analysis and more.

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