| The
general rule of thumb in this situation is that federal law prohibits
501(c)3 organizations from becoming directly or indirectly involved
in the campaign of any individual running for public office, whether
state, local, or federal office. I’ve attached a press release
from the IRS that summarizes the ban.
IRS guidance explains:
“a section 501(c)(3) organization may not publish or distribute
printed statements or make oral statements on behalf of, or in opposition
to, a candidate for public office. Consequently, a written or oral
endorsement of a candidate is strictly forbidden. The rating of
candidates, even on a nonpartisan basis, is also prohibited.”
This prohibition is not
intended to restrict the ability of leaders of 501(c)3 organizations
from expressing political views for themselves as individuals. In
order for the organization to protect its 501(c)3 status, the leader
must not make endorsements or political statements in his/her official
capacity. For example, the Director of a rescue mission, may, in
their personal capacity, support a candidate for office, but they
must take care to clearly indicate that their comments are personal
and not intended to represent the views of the rescue mission.
There are also restrictions
on the ability of 501(c)3 organizations to invite candidates for
political office to speak at/to their organization. In general,
according to the IRS:
Speaking as
a Candidate
When a candidate is invited
to speak at an organization event as a political candidate, the
organization must take steps to ensure that::
- It provides an equal
opportunity to the political candidates seeking the same office
- It does not indicate
any support of or opposition to the candidate (This should be
stated explicitly when the candidate is introduced and in communications
concerning the candidate’s attendance.) and
- no political fundraising
occurs.
Speaking as a
Non-Candidate:
An organization may invite political candidates to speak in a non-candidate
capacity. For instance, a political candidate may be a public figure
because he or she: (a) currently holds, or formerly held, public
office; (b) is considered an expert in a non-political field; or
(c) is a celebrity or has led a distinguished military, legal, or
public service career. When a candidate is invited to speak at an
event in a non-candidate capacity, it is not necessary for the organization
to provide equal access to all political candidates.
However, the organization
must ensure that:
- The individual speaks
only in a non-candidate capacity,
- Neither the individual
nor any representative of the organization makes any mention of
his or her candidacy or the election, and
- No campaign activity
occurs in connection with the candidate’s attendance.
In addition, the organization should clearly indicate the capacity
in which the candidate is appearing and should not mention the
individual’s political candidacy or the upcoming election
in the communications announcing the candidate’s attendance
at the event.
IRS
Media Release regarding candidate endorsements
Elizabeth Pittman, Russ
Reid Company
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