Policy Update

Nonprofits Mobilize to Fight Voter Suppression

9/14/2006

Source: OMB Watcher

A growing body of state laws and regulations governing voter registration and the voting process create barriers to voting that discriminate against minorities, new citizens and the elderly. Nonprofits are challenging these new voter suppression tactics, including filing several lawsuits.

These voter drives build off efforts that support election reform programs mandated by the Help America Vote Act of 2002, and these developments illustrates just how important nonprofit organizations are as vehicles of civic participation.

FEC Deadlocks on Grassroots Lobbying Broadcast Exemption

On Aug. 29 the Federal Election Commission (FEC) voted down a proposed interim rule that would have exempted grassroots lobbying broadcasts from a federal rule banning ads that mention an incumbent before an election. The vote on the grassroots exemption failed on a 3-3 party-line vote, with Democrats rejecting all proposals. (A majority of the six FEC commissioners, of which three are appointed by each major political party, must approve any action undertaken by the commission.)

So the 60-day blackout period applies to this election season, and nonprofit groups cannot lobby members of Congress up for reelection through broadcast ads.

IRS Drops Case Against NAACP
On Aug. 31 the National Association for the Advancement of Colored People (NAACP) announced that, after an investigation lasting nearly two years, the Internal Revenue Service (IRS) found the group did not violate the ban on partisan electioneering in 2004. The group will thus retain its tax-exempt status.

The case raised questions about the right of charities and religious organizations to criticize elected officials' policies, the role of partisan politics in IRS investigations, and the legality of the new IRS enforcement program. The results of this case should reassure nonprofits of their right to speak out on the issues of the day.