[PADG:2283] Election Year and ALA

["Patricia P. Selinger" <patricia.selinger@xxxxxxx>]

FYI

Subject:
[ALACOUN:11441] Election Year Guidelines - IMPORTANT
From:
"Elizabeth Dreazen" <edreazen@xxxxxxx>
Date:
Tue, 17 Feb 2004 13:03:10 -0600

To:
ALA Council List <alacoun@xxxxxxxxxxxx>


As the U.S. Presidential election campaign heats up, I'd like to remind
everyone that ALA, as a 501(c)3 organization, is strictly prohibited
from engaging in any political activities on behalf of individual
candidates for public office.  This prohibition extends to staff or
member discussion on ALA electronic discussion lists, in ALA or unit
newsletters, at programs at ALA conferences, etc. 

Please review the attached "Election Year Do's and Don'ts"  and share
it as appropriate.  The document is on the ALA website at
http://www.ala.org/ala/ourassociation/governingdocs/legalguidelines/electiondosanddonts/electionyear.htm

or by going to Our Association/ ALA Governing and Strategic Documents/
Legal Guidelines/  Election Year Dos and Donts

There has been some confusion about this document, with people thinking
that it refers to ALA elections.  That is incorrect.  Please note that
these guidelines relate to U.S. elections.

*****
Election Year Do's and Don'ts for Non-Profit Section 501(C)(3)
Organizations

The name of a C-3 organization may not be used in any political
activity:  the support of or opposition to a candidate for public
office.

Prohibited political activity includes not only campaign contributions
but also statements of support or opposition to a candidacy.

Statements of support for or opposition to a political party (as
opposed to statements of support for a position on a specific issue)
will be considered political activity. In other words, such support will
be seen as support for or opposition to candidates.

Providing a forum for a candidate to speak is viewed as supporting the
candidate. Providing a forum for opposing candidates (i.e. a
candidates' debate) to speak will still be viewed as supporting one
candidate if the organization publicly supports that candidate's
policies.

A legislator or other elected official up for re-election is considered
a candidate as of January 1 of the year in which the election is held.

Stationery of a C-3 organization or its organizational components (e.g.
division, round table, committee) may not be used to make favorable-or
unfavorable-statements about candidates for public office

Staff or leadership titles (e.g. president, councilor, executive
director) in a C-3 organization may not be used by individuals in
discussing their individual support for candidates, whether in writing
or orally, in a public forum. A discussion list is a public forum.

Political activity is treated different from lobbying. Political
activity is prohibited for C-3s. The IRS have stated they have "zero
tolerance" for political activity by 501(c)3 organizations. Lobbying,
which is the support of or opposition to legislation, is permitted
within certain dollar limits. ALA does lobby-and is well within
specified limits.

The prohibition on organizational support for or opposition to
candidates does not in any way prohibit staff, leadership, and members
from expressing their personal views-as long as organizational titles,
stationery, forums, or other resources are not used.

The restrictions on political speech by C-3 organizations may be
unfair; they may be illogical. But, they are the law, and the penalty
for violation of these prohibitions is revocation of tax-exempt status,
which would have a disastrous impact on the finances and goodwill of any
non-profit organization.

To illustrate the level of scrutiny: A medical society had two of its
members running for the state legislature. The society ran an article in
its magazine, noting their candidacy and also noting how positive it
would be for the society to have its members in the legislature. The
organization lost its tax-exempt status.
 

Elizabeth Dreazen
Director
Office of ALA Governance
50 E. Huron Street
Chicago, IL 60611
1-800-545-2433, ext. 3203
Fax: 312-944-3897
edreazen@xxxxxxx