Transcript Document

The 2012 Elections & the Arts:
What's Happening and
What You Can Do
August 16, 2012
Narric Rome
Sr. Director of Federal Affairs
Jay H. Dick
Sr. Director of State & Local Government Affairs
Political Landscape
 Presidential election year (not open seat)
 House of Representatives elections (241-196)
 23 D are “Lean or Toss Up”
 33 R are “Lean or Toss Up”
 Redistricting!
 33 Senate elections (23 D, 10 R)
 11 Gubernatorial elections (8 D, 3 R)
Presidential Outlook
Presidential Outlook
“There are programs I would eliminate, Obamacare being
one of them, but also various subsidy programs — the
Amtrak subsidy, the PBS subsidy, the subsidy for the
National Endowment for the Arts, the National
Endowment for the Humanities,” Romney said. “Some
of these things, like those endowment efforts and PBS
I very much appreciate and like what they do in many
cases, but I just think they have to stand on their own
rather than receiving money borrowed from other
countries, as our government does on their behalf.”
- Gov. Mitt Romney
Fortune magazine 8/15/12
U.S. House Primaries
 MI Primary – CAC members Rep. Gary Peters (D-14)
handily defeated Hansen Clarke (D-13).
 CA Primary – Reps. Howard Berman and Brad
Sherman runoff in primary and general election.
 IL Primary – CAC members Rep. Judy Biggert (R) and
Rep. Bill Foster (D) to compete in general election.
 FL Primary – Rep. Cliff Stearns (R) defeated
U.S. House Races of Interest
 Illinois 10 - Robert Dold (R): CAC member in swing
district recently rated Lean D.
 New Hampshire 2 - Charlie Bass (R) is in a Toss Up
 New York 19 - Chris Gibson (R) in a Toss Up
 New York 25 - Louise Slaughter (D), CAC Co-Chair
Lean D
U.S. Senate Races of Interest
 Hawaii Open Seat – Rep. Mazie Hirono (D) vs. former
Gov. Linda Lingle (R). Rep. Don Young (R)
endorsement. Rated Toss Up.
 CT Open Seat – Rep. Chris Murphy (D) wins Senate
primary, to face former WWE CEO Linda McMahon
(R). Rated Likely D.
 NV Challenge – Rep. Shelley Berkley (D) vs. Senator
Dean Heller (R). Rated Toss Up.
Congressional Survey
ArtsActionFund.org
501(c)3s Dos and Don’ts
for Elections & Ballot
Initiatives
501(c)(3)s & Electioneering
 501(c)(3)s are absolutely prohibited from
supporting or opposing candidates for public office.
 However, there are many allowable activities that
501(c)3s can do in an election year
Basic Rule
Section 501(c)(3) organizations may engage in
educational activities related to the electoral process
as long as they do not:
 participate or intervene in any political campaign
 in support of, or in opposition to, any candidate for
public office
Permissible Educational Activities
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Voter guides/candidate questionnaires
Candidate forums
Officeholder scorecards
Voter registration
Issue education
Voter Guides/Candidate
Questionnaires
 All candidates asked to participate
 All responses published, unedited
 No indication of preference
 Editorial opinion
 Comparison to organization’s positions
 Variety of issues
Officeholder Scorecards
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Voting records of politicians
No indication of preference
Variety of issues
Method and timing of distribution relevant
Candidate Forums
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All candidates invited
Range of issues addressed
Equal opportunity to respond
No indication of preference
 Editorial comments
Voter Registration/Get-Out-The-Vote
 Must be nonpartisan
 Not directed at voters likely to support a particular
candidate
Issue Education
 A 501(c)(3) does not lose its ability to engage in
advocacy activities simply because a political
campaign is in process
 In fact, it is during the election season that the
interest of voters in key issues may be at its highest
Some Helpful Factors for Issue
Education During a Campaign
 A history of non-electoral issue advocacy
 Current events showing the need for advocacy at
this time
 Disclaimers of endorsements
 No reference to a candidate or election
Ballot Initiatives & Referenda
 Proposed statutory changes or constitutional
amendments put on election ballots for public vote.
 Not considered ‘electioneering’ – prohibition
applies only to work “for or against candidates for
public office.”
 It’s considered Lobbying – passing laws.
 501(c)(3)s can lobby. (IRS “H” election, 20% rule)
Ballot Initiative Work is
Direct Lobbying
 Public becomes the legislature.
 Lobbying the public to vote for or against a
legislative/constitutional measure.
 Important because 501(c)(3)s can spend more on
direct lobbying.
Examples of Prohibited
Political Conduct
 Endorsement of a candidate
 Fundraising appeals
 Rating of candidates
 Contributions to candidates
 Distribution of materials prepared by candidates
 Establishment of a PAC
More Latitude for
501(c)(4)s
 No restrictions or limitations on lobbying.
 Can work on behalf of candidates (support or oppose)
but only secondary activity.
 Contributions are not tax deductible.
Electioneering Quiz
Question: A candidate wants to use my 501(c)3
organization’s stage for an event. Can they?
Answer: Yes*
*Provided you rent the facility at market rate and
give all other candidates the opportunity to rent the
space.
Electioneering Quiz
Question: A board member of my organization is
running for city council. They want to send an email
to my organization's database asking for member’s
support. Can they?
Answer: Yes*
*Provided your organization already has an email list
rental policy, charges the candidate market rates and
makes the email list rental available to all candidates
Legal vs. Political: While this might be legal, it might
not be wise thing to do. You can always say “no.”
Electioneering Quiz
Question: As the Executive Director of your 501(c)3
organization, a candidate asks that you be on the host
committee for a fundraiser. Can you?
Answer: Yes*
*Provided your fiscal donation is from your private
funds and you do not use office time or materials to
promote the event. If your title and org is listed, then
it needs to say “for identification purposes only.”
Electioneering Quiz
Question: Your organization is asked to partner with
several other 501(c)3 organizations to host a candidate
forum. Can you?
Answer: Yes*
*Provided you invite all eligible candidates and the
forum covers a range of issues.
Post Election “To Do” List
1. Send congratulatory letter
2. Request in person meeting
3. Invite to be a member of the Arts Caucus
4. Identify grasstops
5. Invite them to an existing holiday arts event
6. Send follow up thank you note
7. Host evening reception at Capitol
8. Set up reception for new members only
9. Set up meeting with staff
10. Ask key new members to request specific committee
assignments
This list is not necessarily chronological in nature.
Many items will overlap.
Questions and Follow up
Narric Rome
Sr. Director of Federal Affairs
[email protected]
Twitter: @NarricAFTA
Jay H Dick
Sr. Director of State and Local Government Affairs
[email protected]
Twitter: @JayAFTA
Phone: 202-371-2830