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Nonpartisan organizations in the United States

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162:, or "IRS" (America's federal agency for tax regulation, collection, and enforcement), fields complaints from the public that a nonprofit organization has participated in prohibited political activities. In 2006, the IRS stated that although most of the more than one million 501(c)(3) organizations were compliant, it had conducted 100 investigations in response to complaints from the 2004 election season, of which in 59 out of 82 closed cases it had found "some level" of prohibited activity. It characterized most as minor one-time violations, and issued the offending organizations written advisory letters. It considered three cases serious enough to propose the revocation of the organization's tax-exempt status. The IRS summarized the violations as follows: 48:
organizations are under varying requirements to refrain from election-related political activities, or may be taxed to the extent they engage in electoral politics, so the word affirms a legal requirement. In this context, "nonpartisan" means that the organization, by US tax law, is prohibited from supporting or opposing political candidates, parties, and in some cases other votes like propositions, directly or indirectly, but does not mean that the organization cannot take positions on political issues.
103:" drives, if done without bias that would favor one or more candidates over others, or that would oppose candidates. When making public political statements they are required to concentrate on the broader issues, and not make comparisons between candidates. Public forums and other activities are also subject to a number of rules, such as a requirement to invite all viable candidates. Public charities (but not private foundations) may conduct some 225:, the initiative to amend the California Constitution to permit only heterosexual marriages. The Church responded that it was individual members, not the church itself, that had donated money to the pro-Proposition 8 campaign, and that any lobbying it was doing on the subject was permissible because it was not "substantial" in proportion to the Church's overall finances. 130:, or local organizations with membership limited to a particular company, municipality, or neighborhood, and which devote their earnings to charity, education, or recreation. By contrast with 501(c)(3) organizations they may lobby for legislation and participate in political campaigns and elections, in which case they are not nonpartisan. 90:
by "directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office." They may not contribute to campaign funds or make public statements in support of or in opposition to any candidate for public office.
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However, such organizations may present public forums, publish voter education guides, and conduct certain other political activities that the Internal Revenue Service classifies as "non-partisan". They may also conduct activities "intended to encourage people to participate" in elections, such as
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organizations are trade group, chambers of commerce, and other business organizations. They can be nonpartisan, but they may also engage in lobbying and other partisan political activities within certain limitations, provided that donations to these groups are not tax deductible to the extent the
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status because they refrain from engaging in certain political activities prohibited for them. The designation "nonpartisan" usually reflects a claim made by organizations about themselves, or by commentators, and not an official category per American law. Rather, certain types of nonprofit
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Organizations that violate the IRS rules may have their tax-exempt status revoked or denied, and may face penalties. In addition, concealing or misreporting prohibited activities may, depending on the circumstances, be a crime on the part of the individuals or organizations involved.
253:. The IRS concluded that the sermon was in violation of the tax code but did not explain its conclusion, and took no action against the church. The church, in turn, accused the IRS of meddling in politics and asked for an apology. 205:
Churches have occasionally been accused of campaigning for candidates. In most cases the accusations were made against conservative Christian churches for supporting conservative candidates. In the 2006 election season,
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Despite the relative infrequency of sanctions from the IRS, there have been a number of claims made publicly that nonpartisan organizations had engaged in prohibited partisan activities. Some of these include:
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over the power of the IRS to prohibit churches from endorsing candidates. In turn, others argue that allowing churches to support candidates would violate another provision of the First Amendment, the
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Additionally, there are concerns that putting the IRS in the role of classifying certain speech as political or apolitical runs a risk of suppressing protected speech, which would violate the
202:, claiming the organization had engaged in improper partisan political activities as well as various forms of fraud. The claims were investigated, and no illegality or fraud was found. 198:
In 2009, in the wake of a scandal that emerged following the release of several "hidden camera" videotapes, Republican politicians called for an IRS investigation of the
680: 199: 399: 207: 17: 230: 257: 218: 229:
Occasionally, the IRS, or the party making accusations of partisanship, is itself accused of acting on the basis of a political agenda. The
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filed accusations against several churches in Kansas and Minnesota, and other investigations were opened in California, Missouri and Ohio.
286: 289:, which is interpreted to prohibit the granting of tax-exempt status to political activities undertaken by religious institutions. 273: 166:
Distributing printed materials encouraging members to vote for a particular candidate (9 violations found out of 24 allegations)
642: 261: 268:, a conservative Christian organization, recruited 35 churches to conduct sermons urging their congregation to vote for 107:
activities to influence legislation, if the lobbying activity is not a "substantial part" of its overall activities.
222: 527: 455: 346:
IRS Publication 557 "Tax-Exempt Status For Your Organization", Page 19, (Rev. June 2008), Cat. No 46573C.
403: 358: 334: 424: 146: 560: 159: 96: 359:"The Restriction of Political Campaign Intervention by Section 501(c)(3) Tax-Exempt Organizations" 64: 40: 181:
Giving preferential treatment to certain candidates at public functions (9 violations out of 11)
56: 578: 438: 305: 265: 32: 512: 234: 442: 8: 321: 169:
Religious sermons endorsing or opposing a candidate (12 violations out of 19 allegations)
383:"Legal Rules for Nonpartisan Voter Education, Outreach, and Participation by Nonprofits" 382: 540: 277: 87: 31:, in American politics, is a non-profit organization organized United States 660: 597: 495: 481: 322:"IRS Rules Allow Nonpartisan Voter Education and Participation Activity by Charities" 309: 119:
By contrast, certain other nonprofit organizations are not considered non-partisan:
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Endorsing or opposing a candidate via web content or links (7 violations out of 15)
140: 100: 143:, which are also tax-exempt, may advocate for political issues but not candidates. 175:
Distributing improper voter guides or candidate ratings (4 violations out of 14)
242: 127: 80: 513:"IRS Releases New Guidance and Results of Political Intervention Examinations" 674: 44: 126:
organizations, which are tax-exempt, are operated exclusively for promoting
345: 250: 86:
Among the prohibitions, 501(c)(3) organizations may not become involved in
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Posting campaign signs on organization's property (9 violations out of 12)
269: 627: 246: 214: 72: 643:"California church leaders question IRS investigation into war sermon" 83:
competition, or for the prevention of cruelty to children or animals.
281: 133: 123: 76: 612: 238: 104: 60: 459: 628:"The LDS Church, Proposition 8, and the Federal Law of Charities" 184:
Cash contributions to political campaigns (5 violations out of 7)
68: 217:
activists called for the IRS to revoke the tax-exempt status of
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is a classification for organizations operated exclusively for
36: 149:
may campaign on behalf of candidates and are not tax exempt.
153: 335:
Exempt Purposes - Internal Revenue Code Section 501(c)(3)
561:"The Case Against All Saints: Has The IRS Gone Too Far?" 598:"Protests Over Gay-Marriage Ban Escalate in California" 496:"Lobbying Guidelines for AGI and its Member Societies" 456:"FAQ's - 501(c)(4) Status for Nonprofit Organizations" 579:"Watchdog Group Accuses Churches of Political Action" 479: 200:
Association of Community Organizations for Reform Now
482:"Primer on Federal Tax Rules Pertaining to Lobbying" 208:
Citizens for Responsibility and Ethics in Washington
525: 610: 507: 505: 672: 528:"Republican Lawmakers Turn Up the Heat on ACORN" 576: 219:the Church of Jesus Christ of Latter-day Saints 681:Nonpartisan organizations in the United States 502: 188: 79:purposes, to foster national or international 558: 658: 640: 625: 554: 552: 498:. American Geological Institute. 2003-12-02. 241:sermon posing a hypothetical debate between 595: 572: 570: 99:, training programs, issue briefings, and " 137:donations are used for political purposes. 654: 652: 613:"How Getting Married Made Me An Activist" 549: 114: 567: 515:. Internal Revenue Service. 2006-02-24. 377: 375: 154:Investigations into partisan activities 14: 673: 661:"Pulpit politics: Pastors to defy IRS" 649: 402:. Irs.gov. 2009-05-11. Archived from 394: 392: 221:(LDS Church) over its involvement in 372: 400:"Political and Lobbying Activities" 274:United States presidential election 24: 18:Nonpartisanism in the United States 541:CRS report: ACORN didn't break law 526:Joshua Rhett Miller (2009-09-14). 389: 25: 692: 611:David J. Jefferson (2008-11-15). 634: 619: 604: 589: 534: 519: 488: 484:. Copilevitz & Canter, LLC. 473: 448: 577:Stephanie Strom (2006-10-26). 480:MacKenzie Canter, III (2009). 431: 417: 351: 339: 328: 314: 299: 13: 1: 292: 71:, testing for public safety, 51: 663:. Christian Science Monitor. 458:. T-tlaw.com. Archived from 260:constitutional guarantee of 7: 659:Jane Lampman (2008-09-26). 645:. Associated Baptist Press. 641:Robert Marus (2007-09-28). 626:Chino Blanco (2009-05-08). 231:All Saints Episcopal Church 189:Allegations of partisanship 147:Political action committees 10: 697: 596:Anita Vogel (2008-11-07). 630:. Latter Day Main Street. 563:. First Amendment Center. 237:was investigated over an 39:) that qualifies certain 425:"Exemption Requirements" 223:California Proposition 8 160:Internal Revenue Service 41:non-profit organizations 29:nonpartisan organization 427:. Irs.gov. 2009-05-11. 280:, intending to make a 115:Partisan organizations 361:. Irs.gov. 2009-05-11 266:Alliance Defense Fund 33:Internal Revenue Code 348:, Retrieved 3/9/2009 287:Establishment Clause 235:Pasadena, California 559:Charles C. Haynes. 546:; December 23, 2009 443:§ 501(c)(4)(A) 88:political campaigns 278:civil disobedience 97:voter registration 262:freedom of speech 141:527 organizations 16:(Redirected from 688: 665: 664: 656: 647: 646: 638: 632: 631: 623: 617: 616: 608: 602: 601: 593: 587: 586: 574: 565: 564: 556: 547: 538: 532: 531: 523: 517: 516: 509: 500: 499: 492: 486: 485: 477: 471: 470: 468: 467: 452: 446: 435: 429: 428: 421: 415: 414: 412: 411: 396: 387: 386: 379: 370: 369: 367: 366: 355: 349: 343: 337: 332: 326: 325: 318: 312: 303: 101:get out the vote 21: 696: 695: 691: 690: 689: 687: 686: 685: 671: 670: 669: 668: 657: 650: 639: 635: 624: 620: 609: 605: 594: 590: 575: 568: 557: 550: 539: 535: 524: 520: 511: 510: 503: 494: 493: 489: 478: 474: 465: 463: 454: 453: 449: 436: 432: 423: 422: 418: 409: 407: 398: 397: 390: 381: 380: 373: 364: 362: 357: 356: 352: 344: 340: 333: 329: 320: 319: 315: 304: 300: 295: 276:, as an act of 264:. In 2008 the 258:First Amendment 191: 156: 117: 54: 23: 22: 15: 12: 11: 5: 694: 684: 683: 667: 666: 648: 633: 618: 603: 588: 583:New York Times 566: 548: 533: 518: 501: 487: 472: 447: 439:26 U.S.C. 430: 416: 388: 371: 350: 338: 327: 313: 306:26 U.S.C. 297: 296: 294: 291: 243:George W. Bush 227: 226: 211: 203: 190: 187: 186: 185: 182: 179: 176: 173: 170: 167: 155: 152: 151: 150: 144: 138: 131: 128:social welfare 116: 113: 81:amateur sports 53: 50: 9: 6: 4: 3: 2: 693: 682: 679: 678: 676: 662: 655: 653: 644: 637: 629: 622: 614: 607: 599: 592: 584: 580: 573: 571: 562: 555: 553: 545: 542: 537: 529: 522: 514: 508: 506: 497: 491: 483: 476: 462:on 2009-06-24 461: 457: 451: 444: 440: 434: 426: 420: 406:on 2009-05-07 405: 401: 395: 393: 384: 378: 376: 360: 354: 347: 342: 336: 331: 323: 317: 311: 310:§ 501(c) 307: 302: 298: 290: 288: 283: 279: 275: 271: 267: 263: 259: 254: 252: 249:moderated by 248: 244: 240: 236: 232: 224: 220: 216: 213:In 2008 some 212: 209: 204: 201: 197: 196: 195: 183: 180: 177: 174: 171: 168: 165: 164: 163: 161: 148: 145: 142: 139: 135: 132: 129: 125: 122: 121: 120: 112: 108: 106: 102: 98: 92: 89: 84: 82: 78: 74: 70: 66: 62: 58: 49: 46: 42: 38: 34: 30: 19: 636: 621: 606: 591: 582: 543: 536: 521: 490: 475: 464:. Retrieved 460:the original 450: 433: 419: 408:. Retrieved 404:the original 385:. NP Action. 363:. Retrieved 353: 341: 330: 324:. NP Action. 316: 301: 255: 251:Jesus Christ 228: 192: 157: 118: 109: 93: 85: 55: 28: 26: 615:. Newsweek. 600:. Fox News. 530:. Fox News. 270:John McCain 77:educational 466:2009-05-28 410:2009-05-28 365:2009-05-28 293:References 247:John Kerry 215:gay rights 69:scientific 65:charitable 52:Background 45:tax-exempt 282:test case 134:501(c)(6) 124:501(c)(4) 61:religious 57:501(c)(3) 675:Category 544:Politico 239:anti-war 105:lobbying 73:literary 272:in the 27:A  441:  308:  37:501(c) 437:See 245:and 158:The 43:for 233:in 677:: 651:^ 581:. 569:^ 551:^ 504:^ 391:^ 374:^ 75:, 67:, 63:, 585:. 469:. 445:. 413:. 368:. 35:( 20:)

Index

Nonpartisanism in the United States
Internal Revenue Code
501(c)
non-profit organizations
tax-exempt
501(c)(3)
religious
charitable
scientific
literary
educational
amateur sports
political campaigns
voter registration
get out the vote
lobbying
501(c)(4)
social welfare
501(c)(6)
527 organizations
Political action committees
Internal Revenue Service
Association of Community Organizations for Reform Now
Citizens for Responsibility and Ethics in Washington
gay rights
the Church of Jesus Christ of Latter-day Saints
California Proposition 8
All Saints Episcopal Church
Pasadena, California
anti-war

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