Nonprofit Speech Rights | Center for Effective Government

AU Sues to Block Funding for California Missions

On Dec. 2, Americans United for Separation of Church and State (AU) filed a lawsuit in federal court to block taxpayer funding for restoration of mission churches in California. The suit charges that the recently passed “California Missions Preservation Act” is tantamount to taxpayer-supported religion. The bill, signed by President Bush on Nov. 30, requires the Secretary of the Interior, currently Gale Norton, to make grants of up to $10 million to the California Missions Foundation to repair the missions and their artifacts. Many of these artifacts are religious symbols and artwork.

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Activists Assess Needs, Trends for 'Progressive Politics and Technology'

Collaboration, innovation and integration -- those were the keys to advancement for progressive advocacy groups during the recent electoral season, according to presenters at the November "Roundtable on Progressive Politics and Technology." These will no doubt remain key watchwords for progressives as they strive to keep up with evolving technologies, and use them to make their outreach strategies, programs and messaging more effective in the years ahead.

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Post Election Analysis of 527s, Other Issues Begins

Now that the first election since passage of the Bipartisan Campaign Reform Act of 2002 (BCRA) is over, analysis of its impact on campaigns, parties, donors and independent groups is underway. Overall, there was a huge increase in the number of small donors to both campaigns and independent groups and elimination of soft money donations to parties and federal candidates. While much more needs to be learned before further reform efforts go forward, initial reports provide an indication of long-term trends.

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Court Narrows Faith-Based Suit

A law suit claiming sweeping constitutional problems with the Bush administration's faith-based initiative has been largely defanged by a court's decision that the plaintiff does not have standing to file the suit. The dismissal of all but a small portion of a lawsuit means the merits of the case remain undecided in the courts.

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IRS Initiates Pay, Reporting Enforcement Effort

As part of a stepped-up enforcement effort, the Internal Revenue Service Exempt Organizations division (EO) is sending letters to approximately 2,000 charities asking them to detail their method of determining executive compensation. EO Director Martha Sullivan estimates 25 percent of organizations receiving the letter will be examined further. In a related issue, the IRS is contacting charities that have not answered question 89B of Tax Form 990. Question 89B deals with excess benefit transactions, and is considering the use of penalties up to $50,000.

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FEC Schedules New Rulemaking in 2005

Beginning in January 2005 the Federal Election Commission (FEC) will begin an intense seven-month series of proceedings to amend rules implementing the Bipartisan Campaign Reform Act of 2002 (BCRA) rejected by a federal court this fall, and take up new issues generated by this year's election. Among those with greatest impact on nonprofits will be expansion of regulation into Internet communications, reconsideration of the electioneering communications exemption for 501(c)(3) groups and party donations to nonprofits. At its Nov. 18 meeting the FEC approved a

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IRS Revises Application for Tax-Exempt Status for Charities, 501(c)(3) Groups

The IRS has released an updated version of the application for tax-exempt status for charitable, education, religious and scientific organizations. The new Form 1023 and instructions are available on the Web, and the IRS will require their use after April, 2005. Page ten of the instructions describes the prohibition on partisan electioneering and the allowable legislative lobbying limits. A copy of Form 5768, the notice that a group will measure its lobbying by expenditures only, is included in the package.

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Nonprofits Came Out in Force This Election Season

Nonprofits across the spectrum came out this election season to help voters have a voice. As a result, the United States had a voter turnout of almost 60 percent, the highest since 1968. This election proved nonprofits can "help America vote."

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OMB Watch Press Statement on Lawsuit Against the Combined Federal Campaign

Statement of Kay Guinane, Counsel and Manager of OMB Watch Nonprofit Advocacy Project, Nov. 10, 2004 OMB Watch has been promoting government accountability and civic participation for over 20 years. We believe nonprofits, like groups that receive donations from federal employees through the Combined Federal Campaign, have a vital place in communities and play a powerful role in reinforcing our democratic principles. We believe CFC's list checking policy is unreasonable and will not make America safer.

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ACLU and Diverse Coalition of National Nonprofits Challenge Misguided Government Watch List Policy

WASHINGTON, Nov. 10, 2004 -- The American Civil Liberties Union today joined forces with 12 national nonprofit organizations in challenging the Office of Personnel Management's Combined Federal Campaign (CFC) requirement that all participating charities check their employees and expenditures against several government watch lists for "terrorist activities."

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