Community Letter in Support of Nonpartisanship
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Community Letter in Support of Nonpartisanship Updated September 5, 2017 Community Letter in Support of Nonpartisanship UPDATED September 5, 2017 The Honorable Paul Ryan The Honorable Mitch McConnell Speaker Senate Majority Leader H-232 The Capitol S-230 The Capitol Washington, D.C. 20515 Washington, D.C. 20510 The Honorable Nancy Pelosi The Honorable Chuck Schumer House Democratic Leader Senate Democratic Leader H-204 The Capitol S-221 The Capitol Washington, D.C. 20515 Washington, D.C. 20510 The Honorable Kevin Brady The Honorable Orrin Hatch Chairman, House Ways and Means Committee Chairman, Senate Committee on Finance 1102 Longworth House Office Building 219 Dirksen Senate Office Building Washington, D.C. 20515 Washington, D.C. 20510 The Honorable Richard Neal The Honorable Ron Wyden Ranking Member, House Ways and Means Committee Ranking Member, Senate Committee on 1139E Longworth House Office Building Finance Washington, D.C. 20515 219 Dirksen Senate Office Building Washington, D.C. 20510 Dear Speaker Ryan, Majority Leader McConnell, Leader Pelosi, Leader Schumer, Chairman Brady, Chairman Hatch, Ranking Member Neal, and Ranking Member Wyden: The undersigned organizations strongly oppose proposals that would politicize the charitable nonprofit and philanthropic community by repealing or weakening current federal tax law protections that prohibit 501(c)(3) organizations from endorsing, opposing, or contributing to political candidates. Nonpartisanship is a cornerstone principle that has strengthened the public’s trust of the charitable community. In exchange for enjoying tax-exempt status and the ability to receive tax-deductible contributions, 501(c)(3) organizations – charitable nonprofits, including religious congregations, and foundations – agree to not engage in “any political campaign on behalf of (or in opposition to) any candidate for public office.” That provision of law protects the integrity and independence of charitable nonprofits and foundations. It shields the entire 501(c)(3) community against the rancor of partisan politics so the charitable community can be a safe haven where individuals of all beliefs come together to solve community problems free from partisan divisions. It screens out doubts and suspicions regarding ulterior partisan motives of charitable organizations, as undoubtedly would occur if even just a few charitable organizations engaged in partisan politics. Nonpartisan credibility is critical to the ability of 501(c)(3) organizations to work with elected officials of all parties at the local, state, and federal levels to address community needs. Charitable nonprofits, including religious congregations, are free to speak on important matters of the day and advocate on public policy issues and legislation. Private foundations, while barred from most lobbying activities, are free to engage in public debates, promote public education efforts, and fund a wide range of issue-focused activities. The relevant language in Section 501(c)(3) merely prohibits partisan campaign intervention, defined to include endorsing or opposing candidates for public office, publishing or distributing statements for or against candidates, or using tax-deductible and other resources to support partisan campaign activities. Community Letter in Support of Nonpartisanship September 5, 2017 Page 2 We are united in opposing any and all efforts to weaken or repeal this longstanding protection in the federal tax code (sometimes called the Johnson Amendment) that President Eisenhower signed into law in 1954. Weakening the law by allowing leaders of individual 501(c)(3) entities to endorse candidates for public office and engage in some partisan electioneering activities would damage the integrity and effectiveness of all charitable organizations and spawn litigation as innovative partisans seek to expand gray areas in the proposed legislation. Repealing the Johnson Amendment, an approach promoted by the President and some in Congress, would damage the federal Treasury as people take tax deductions for political contributions they could then funnel through charitable nonprofits, undercut fair elections by providing a loophole to avoid campaign contribution disclosure laws, and empower politicians to exert pressure for access to foundation assets and charitable funds for their own partisan campaigns rather than for the public good. We urge you to join us in opposing efforts to weaken and/or repeal the current law that for six decades has successfully protected the integrity and effectiveness of charitable nonprofits and foundations by keeping them apart from partisan politics. Respectfully, National Organizations Asian Pacific American Legal Resource Center Association for Jewish Outreach Professionals Abila Association of American Colleges and Accreditation Council for Psychoanalytic Universities Education, Inc. Association of Art Museum Directors AdoptAClassroom.org Association of Direct Response Fundraising Alliance for Strong Families and Communities Counsel Alfred P. Sloan Foundation Association of Fundraising Professionals America Solidaria U.S. Association of Immunization Managers American Alliance of Museums Association of Nature Center Administrators American Association of Anatomists Astraea Lesbian Foundation for Justice American Association of Physics Teachers Baptist Joint Committee for Religious Liberty American Association of Teachers of German Baptist Women in Ministry American Atheists Barr Foundation American Bladder Cancer Society BoardSource American Board of Venous & Lymphatic Brady Campaign and Center to Prevent Gun Medicine Violence American Brass Chamber Music Association Camp Fire American Conference of Academic Deans Campion Foundation American Heart Association Catholic Charities USA American Historical Association Catholic Mobilizing Network American Jewish Committee Center for Health, Environment & Justice American Medical Association Foundation Center for Inquiry American Physiological Society Charles Stewart Mott Foundation American Podiatric Medical Association, Inc. Citizen Schools American Red Cross CleanSlateNow Americans for the Arts Commonwealth Fund Americans Promoting Study Abroad Council on Foundations Americans United for Separation of Church Council for Global Equality and State Dance USA Amyloidosis Foundation Dementia Society, Inc. Animal Legal Defense Fund Democracy 21 Annie E. Casey Foundation Destination & Travel Foundation Anti-Defamation League Dietel Partners, LLC Community Letter in Support of Nonpartisanship September 5, 2017 Page 3 Disability Rights Advocacy Fund National Association of Health Data Easter Seals Organizations Ecology Project International National Association of State Boating Law Engineering Conferences International Administrators (NASBLA) Episcopal Relief & Development National Association of Watch and Collectors Feed the Children National Association for Shoplifting Prevention Feeding America NAMI, National Alliance on Mental Illness Fidesco USA National Center for Appropriate Technology Food & Water Watch National Center for Fire and Life Safety Ford Foundation National Center on Shaken Baby Syndrome Free Press National Committee for Responsive Girl Scouts of the USA Philanthropy Girls Inc. National Council of Behavioral Health Global Integrity National Council of Churches Goodwill Industries International, Inc. National Council of Nonprofits Grantmakers for Effective Organizations National Council of Tribes Greater Nonprofits National Dance Education Organization GuideStar National Hartford Centers of Gerontological Habitat for Humanity International Nursing Excellence Harbor Compliance National Human Services Assembly HawkWatch International National Indian Child Welfare Association Hindu American Foundation National LGBTQ Task Force Histiocytosis Foundation National Organization for Albinism and Horizons National Hypopigmentation Human Science Institute National Runaway Safeline Independent Sector National Safe Place Network International Essential Tremor Foundation National Tongan American Society International Hearing Dog, Inc. NEO Law Group International Performing Arts for Youth North American Bramble Growers Research International Primate Protection League Foundation Issue One OPERA America Jessie Ball DuPont Fund Partnership for America's Children Jewish Alliance for Law and Social Action Pension Fund of the Christian Church Jewish Council for Public Affairs Philanthropy for Active Civic Engagement Jewish Federations of North America Project Wet Foundation Leadership USA Project Managers Without Borders League of American Orchestras Public Citizen League of Women Voters Rockefeller Brothers Fund Leukemia Research Foundation Secular Coalition for America Local Learning: The National Network for Folk Senior Executives Association Arts in Education Seva Foundation Lumina Foundation Skillman Foundation Lymphoma Foundation of America Silicon Valley Community Foundation Migraine Research Foundation Smith’s Food and Drug Mentors International Social Velocity Morino Ventures, LLC The Arc of the United States National 4-H Council The Aspen Institute National Alliance of Community Economic The Association of Junior Leagues Development International, Inc. National Association of Charitable Gift The Commonwealth Fund Planners The Dibble Institute The Educational Foundation of America Community Letter in Support of Nonpartisanship September 5, 2017 Page 4 The George Gund Foundation Greater Birmingham Ministries The Honor Society of Phi Kappa Phi Heart