FW: Federal Elections Commission considers new rules to silence non-profits

I have mixed feelings on this.

On one hand, I don't like any new government regulations, especially
mandates like this one which are made by unelected bodies.

On the other hand, the current ability of nonprofit organizations to use
their resources for "communications that promote, support, oppose, or attack
federal candidates for office" almost always works to the advantage of
special interests that want to grow the government.

We already know why the LGBT Center considers this such a threat, given
their increasing partisanship as we approach the November elections. For
those of you not on the Marriage Equality lists, it's become apparent in the
last week or two that the LGBT Democrats are circling wagons around Barbara
Boxer, despite her negative comments on same sex marriage (as opposed to our
Libertarian candidate, Judge Gray).

Comments, anyone?

Dear Everyone;

I wonder how this rule would effect priests, pastors, reverends,
rabbis, imams etc etc etc when they espouse political statements
from the pulpit as defined by the new proposed regulations.

Will the goverment and its minions also target the pulpit as
strongly as all other non-profits who don't kowtow on bended knee
and bowed head to the thought control police dilberts at the FEC???

Ron Getty
SF Libertarian

--- In lpsf-discuss@yahoogroups.com, "Rob Power" <robpower@r...>
wrote:

I have mixed feelings on this.

On one hand, I don't like any new government regulations,

especially

mandates like this one which are made by unelected bodies.

On the other hand, the current ability of nonprofit organizations

to use

their resources for "communications that promote, support, oppose,

or attack

federal candidates for office" almost always works to the

advantage of

special interests that want to grow the government.

We already know why the LGBT Center considers this such a threat,

given

their increasing partisanship as we approach the November

elections. For

those of you not on the Marriage Equality lists, it's become

apparent in the

last week or two that the LGBT Democrats are circling wagons

around Barbara

Boxer, despite her negative comments on same sex marriage (as

opposed to our

Libertarian candidate, Judge Gray).

Comments, anyone?

From: The LGBT Community Center [mailto:info@s…]
Sent: Tuesday, April 06, 2004 6:38 PM
To: robpower@r…
Subject: Federal Elections Commission considers new rules to

silence

non-profits

The Federal Election Commission (FEC) proposed new rules that will
potentially redefine many not-for-profit organizations as political
committees. Under this new ruling, not-for-profit organizations

that carry

out voter participation activities or make any public comments that
"promotes, supports, attacks or opposes" any federal candidate

would be

deemed a "political committee". Under this status, the FEC would

restrict

the not-for-profit in how they can fundraise, and the not-for-

profit would

also be ineligible from receiving grant donations and federal

funding. The

FEC is accepting public comment on this issue until next Friday,

April 9.

Hearings are scheduled on April 14 - 15 in Washington DC.

The following is a summary of the proposed ruling:

Summary

The current federal rules define a political committee as any

organization

that has $1,000 in contributions or expenditures and whose major

purpose is

to elect federal candidates to office. Organizations meeting this

threshold

have to register and report to the FEC and are subject to certain
fundraising restrictions.

The proposed regulation changes the factors that the FEC considers

when it

decides if any organization is a political committee. If the new

rule is

approved the following activities will lead to political committee

status

for all 501(c)(3)s that spend $10,000 on:

communications that promote, support, oppose, or attack federal

candidates

for office; OR

voter registration within 120 days of an election; OR

get-out-the-vote activity; OR

voter identification.

These communications activities include web postings, email alters,
speeches, canvassing messages, direct mail marketing, print ads,

etc. For

example, it would bar comments made by The Center in support of the
marriages that have taken place recently or in opposition to the

president's

proposed constitutional amendment.

How will this affect fundraising?

The FEC has not proposed any definition for this standard. In

addition to

having to register with the FEC and report all contribution and
expenditures, political committees can not accept soft money

contributions.

Soft money contributions are contributions from foundations,

corporations,

or unions or individuals in excess of $5,000.

The proposed ruling would seriously impair vigorous free speech

and advocacy

now and in the future. The proposal restricts the ability of not-

for-profit

organizations to mention the names of federal officeholders while

speaking

out o public issues, a practice long approved by the Internal

Revenue

Service (IRS). Because non-for-profit organizations are already

prohibited

by existing IRS codes and Congressional rulings, this proposed

ruling would

essentially exclude not-for-profits from participating in public

debate and

advocacy. For example, under the proposed rules, not-for-profits

would be

virtually prohibited from criticizing or praising President Bush

until after

the November election.

The proposed ruling far exceeds the FEC's regulatory authority

created by

Congress. The FEC's proposal to abandon the express advocacy

definition of

"expenditure" and replace it with the "promote, support, attack or

oppose"

standard is not authorized by the FEC by Congress.

Congress and the Supreme Court have addressed the core issues

raised in the

FEC proposal and it stopped far short of the radical proposal now

being

considered. The recent McCain-Feingold campaign reform law and the

Supreme

Court's decision to uphold it provides no basis for any of these

rules.

For more information:
Visit People for the American Way online at www.pfaw.org; or

Alliance for

Justice at www.afj.org.

Special thanks to Horizons Foundation and Mercy Housing for their

analysis

of this issue.

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