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

Fri Feb 2 19:23:07 UTC 2001

At 12:58 PM 2/2/01 -0600, Brian Hagy wrote:

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

Well, the IMC cannot support her directly, as far as I can see.  The IMC 
_can_ do stories about her candidacy as news stories, for WEFT, the 
website, etc.  That is not advocacy--that is news, or "research."  I'm not 
particularly concerned with Danielle's campaign literature being around the 
space -- hell, I think it would be nice to have everyone's campaign 
literature around. Wouldn't that be a good way to help people make educated 
decisions about the election?

But I'm unclear on something else.  Sarah, is it your interpretation that 
the IMC can't rent space to the Greens?  Say for meetings?   My 
interpretation, and I could be wrong, is that we can rent the space but we 
can't donate it. That is, as long as they have a customer relationship with 
us where they pay us, just like anyone else, and we're not giving them 
something for free, then there is no advocacy or support.

And, yes, I would like to hear what the law clinic has to say, too.

Thanks,

Paul

>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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