FEC Sets Stage for Showdown on Scope of Campaign Finance Regulation

On Feb. 18 the Federal Election Commission (FEC) approved Advisory Opinion 2003-37, which was requested by a Republican group Americans for a Better Country (ABC). It expands regulation of political committees registered with the FEC, but does not impact other groups, including 501(c)(3) organizations. However, the commissioners’ deliberations indicated that further consideration of a “range of options” for setting new boundaries of regulation would be considered in a rulemaking proceeding beginning in March.

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Bill to Repeal Restrictions on Broadcasts During Election Season Introduced in House

On Feb. 11, Rep. Roscoe Bartlett (R-MD) introduced HR 3801, a bill to repeal “electioneering communications” restrictions in the Bipartisan Campaign Reform Act (BCRA) that ban broadcasts that refer to federal candidates 60 days before a general election or 30 days before a primary election or nominating convention.

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File Your Form 990 Electronically

The Internal Revenue Service (IRS) announces online filing for Form 990. The IRS is set to accept online submissions of Form 990, the annual report filed by nonprofits, beginning in March. The IRS has made online filing of nonprofit financial reports a top priority because of the increased scrutiny by Congress, the media and others. The eventual goal is to have most 990s filed electronically, and the information made available to the public in a searchable database. Benefits of filing Form 990 electronically for nonprofits include:
  • reduction of the paperwork burden,

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Charitable Giving in Bush's 2005 Budget Proposal

President Bush’s FY 2005 budget proposal includes several tax incentives to encourage charitable giving accompanied by several requirements that will limit taxpayer deductions.

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The House Supports Religious Discrimination Bill

On Wednesday, Feb. 4, Rep. Lynn Woolsey (D-CA) offered a substitute amendment during House debate to strip out language that gave faith-based organizations permission to infuse their federally funded programs with religion and to discriminate on the basis of religion when hiring. Woolsey’s substitute amendment failed to be adopted by a 50-vote margin (183-232).

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Draft FEC Advisory Opinion Generates Comments from Nonprofits

The Federal Election Commission (FEC) staff has drafted an Advisory Opinion (AO) that could have far reaching impact on nonprofit advocacy. Draft AO 2003-37 was written in response to a request from Americans for a Better Country, a political organization under Section 527 of the tax code, but it could impact all issue advocacy, not just partisan campaign activity.

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Groups Ask Congress to Initiate Ethics Investigation of Delay Charity

Common Cause and the National Committee for Responsive Philanthropy have called on members of the House to “urge the Ethics Committee to formally rule on the legality of a plan closely associated with Rep. Tom DeLay (R-TX) to establish a children’s charity as a fundraising vehicle to subsidize donor events at the Republican National Convention.”

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IRS Attorney Says Nonprofits Can Lobby During Election Seasons

The District of Columbia Bar Association Exempt Organizations Committee held a meeting recently that focused on legal issues in an election year. IRS attorney Judith Kindell explained to those attending the meeting that, “Organizations don’t have to stop lobbying campaigns simply because of an election.”

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Definition of Regulated Federal PAC To Be Considered by FEC

The Supreme Court’s Dec. 2003 decision upholding the Bipartisan Campaign Reform Act (BCRA) has raised new questions about what kinds of political action committees are subject to federal campaign finance laws. On Jan. 15 the Federal Election Commission (FEC) voted to consider new regulations defining what kinds of political action committees would be subject to contribution and expenditure limits for federal election activity. FEC plans to have a proposed rule published on March 4. There will be a comment period followed by a public hearing in mid-April.

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Is CBS Squelching Free Speech?

CBS refuses to air MoveOn's 30-second issue ad during the Super Bowl, claiming the ad is too "controversial"

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