Can a church distribute this "voter guide" and keep its tax exempt status?

[Fridays Child]

http://www.azpolicy.org/pdf/cscans/2006GeneralVotersGuide.pdf

Evidently, some Arizona churches did distribute it. Here's a pre-election day list of distributors:

http://www.azpolicy.org/pdf/VGDistributionCenters.pdf

[texpatriot2004]

1. They ought not be able to nm

[Lydia Leftcoast]

2. Hmph--they're "impartial and non-partisan" like

Fox News is "fair and balanced."

I'd say that it would be worthwhile to show the IRS this pamphlet, because it DOES advocate specific legislation, which tax-exempt non-profits are not allowed to do. (That's why DU, for example, can't be tax-exempt.)

[KarenS]

3. hmmmm Let's not speculate about this,,,,

Why not mail it to the I.R.S. see what they think??

[Fridays Child]

5. Good idea!

[brooklynite]

4. From the IRS website...

Lobbying Activity

In general, no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying). A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status.

]Legislation includes action by Congress, any state legislature, any local council, or similar governing body, with respect to acts, bills, resolutions, or similar items (such as legislative confirmation of appointive office), or by the public in referendum, ballot initiative, constitutional amendment, or similar procedure. It does not include actions by executive, judicial, or administrative bodies.

An organization will be regarded as attempting to influence legislation if it contacts, or urges the public to contact, members or employees of a legislative body for the purpose of proposing, supporting, or opposing legislation, or if the organization advocates the adoption or rejection of legislation.

Organizations may, however, involve themselves in issues of public policy without the activity being considered as lobbying. For example, organizations may conduct educational meetings, prepare and distribute educational materials, or otherwise consider public policy issues in an educational manner without jeopardizing their tax-exempt status.

http://www.irs.gov/charities/article/0,,id=163392,00.html

The "non-partisan voter guide" section is probably acceptable; the "Vote Yes on Prop 107" statements would appear to me to be a violation.

[Fridays Child]

6. Re: your last sentence, that's what I think, too.

[Perky]

8. I understand that isue advocacy is ok but not candidate endorsement.

[Fridays Child]

10. Isn't there a difference between issue advocacy and outright requests to...

...vote a particular way on a proposition?

[Perky]

13. More info from a google search

Voter Education, Voter Registration and Get Out the Vote Drives


http://www.irs.gov/newsroom/article/0,,id=154712,00.html


Section 501(c)(3) organizations are permitted to conduct certain voter education activities (including the presentation of public forums and the publication of voter education guides) if they are carried out in a non-partisan manner. In addition, section 501(c)(3) organizations may encourage people to participate in the electoral process through voter registration and get-out-the-vote drives, conducted in a non-partisan manner. On the other hand, voter education or registration activities conducted in a biased manner that favors (or opposes) one or more candidates is prohibited.

Issue Advocacy vs. Political Campaign Intervention

Under federal tax law, section 501(c)(3) organizations may take positions on public policy issues, including issues that divide candidates in an election for public office. However, section 501(c)(3) organizations must avoid any issue advocacy that functions as political campaign intervention. Even if a statement does not expressly tell an audience to vote for or against a specific candidate, an organization delivering the statement is at risk of violating the political campaign intervention prohibition if there is any message favoring or opposing a candidate. A statement can identify a candidate not only by stating the candidate’s name but also by other means such as showing a picture of the candidate, referring to political party affiliations, or other distinctive features of a candidate’s platform or biography. All the facts and circumstances need to be considered to determine if the advocacy is political campaign intervention.

[Perky]

7. I think they can probably get away with this

they ask some leading question about issues but they don't endorse any candidates.

Churches would lose their tax-esmpt status if they told people who to vote for.

[Fridays Child]

9. But they do endorse legislation and, according to the post above...

...that's prohibited, too.

[Perky]

11. Yeah I am confused at the moment

I really thought that issue advocacy was ok. Does not seem to be from the text.

[goddess40]

12. only if they endorse republicans and/or war

if they endorse democrats or peace they lose their tax exempt status

[DTinAZ]

14. Some of these showed up at my church...

...but somehow, they all wound up going into my home recycling bin! I'm a United Methodist music director and our church secretary (who attends a conservative "Bible-thumping" cult....er church) must have put them out in the front of our church for people to pick up. I knew how biased they were (if you view the PDF, you'll see that hardly any of the Democratic cantidates submitted responses) so I had no compunction in scooping all of them up and disposing of them.

They sent these booklets out to all the registered voters in the state (I think) at HUGE expense, and did a similar mailing and distribution before the primary. The organization that published these was run by the ultra-conservate Repub. candidate for governor before he "resigned" to run (I'm sure he maintained behind-the-scenes control). The anti-gay-marriage pages in the booklet were marginally "advertisements" purchased by the marriage amendment sponsors...but wait....the AZPolicy people *were* the sponsors/proponents of that failed amendment....

In any case, I don't think that churches would get into any trouble for distributing this tripe. If they actually published them, that would be another thing.

DT

[zreosumgame]

15. Not if the laws are enforced. And why do i believe

the Dem did not GET the 'survey' so they could pretend he did not answer?