[[Imc] Re: Space for Greens, etc]

[Sarah Kanouse]

Here's a link that gives some information on 501(c)(3)s and elections:
http://www.globalchicago.net/ubb/Forum4/HTML/000039.html

Choice excerpts:
"Your organization may research campaign issues and produce and
distribute position papers to the general public and members.  You may not,
however, publish or distribute the candidate's campaign statements to the
media, general public, or the members of the organization. Also, you need to
avoid expressions which may be viewed as implied advocacy by the IRS, such as
'vote green.'"
(To me, the second sentence sounds like having Danielle's campaign literature
available to the public in our space is problematic)

ELECTION YEAR ACTIVITIES YOU CANNOT DO AS A 501(C)(3)
The bottom line is 501(c)(3) organizations are prohibited from
engaging in electoral political activity or activity for or against a
candidate for elected public office. This means a 501(c)(3) cannot:
- Contribute money or anything else of value (such office space or
staff time) to a campaign for a candidate for office or a political
party or political action committee.
-Endorse a candidate for public office. Organization staff may
endorse or oppose a candidate only if they do not imply they are
doing so on behalf of the organization but as a private citizen.
- Publish or distribute statements for or against a candidate.

I've seen several websites where advice is repeatedly given to be better safe
than sorry.  One correspondent: "I went through an IRS 501(c)(3) audit and
it's an experience I'd never wish on my worst enemy."  While 
I'd love to see a non-political arm of the Greens (a discussion group, an
educational event) occur at the IMC space, I don't know if the general public
would make that distinction.  Since we are an "independent" media center, it
is important that we are not seen as allied with ANY political party.  From a
tactical standpoint, we will probably piss off some locally important and
influential people if we're doing our job right, and I do not want the IRS to
get called to investigate us in revenge.  It just seems like a disaster
waiting to happen.

Let's see what the law clinic has to say.

Sarah
Mike Lehman <rebelmike at earthlink.net> wrote:
I think Molly has a point we should explore. I think a written lease may
provide us with legal cover, specifying that folks are paying for
certain goods, services, etc, rather than anything being donated or
given for free by the IMC.
Mike

Molly Stentz wrote:
> 
> I understand the need to be sensitive to the tax-exempt (501c3) status we
> don't even have yet, but I don't think we need to go overboard. I don't
> see why we would be prohibited from renting space to a political party.
> I know there was an issue w/ the ymca but I think they didn't have any
> vested interest in trying to help the greens, whereas I think we do.
> I'd like to try to get some friendly lawyerly advice. I'll contact the
> Law Clinic at UI to try to firm up some fuzzy ideas floating around.
> 
> -Molly
> 
> On Wed, 31 Jan 2001, Sascha Meinrath wrote:
> 

> > >Are there issues with working with the Greens and 501c3 stuff?
> >
> > Yes, we shouldn't share space or resources with political parties.  If
> > there is
> > a non-political part of the Greens then this wouldn't be a problem.  But
> > sharing resources with a political party is a bad idea.


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