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

[Brian Hagy]

How do we support Danielle then, without putting our 501(c)(3) at risk?

On 2 Feb 2001, Sarah Kanouse wrote:

> 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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