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 April 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 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 Asian Pacific American Legal Resource Center Disability Rights Advocacy Fund Community Letter in Support of Nonpartisanship April 5, 2017 Page 3 Easter Seals National Association of State Boating Law Ecology Project International Administrators (NASBLA) Engineering Conferences International National Association of Watch and Collectors Episcopal Relief & Development National Association for Shoplifting Prevention Feed the Children NAMI, National Alliance on Mental Illness Feeding America National Center for Appropriate Technology Fidesco USA National Center for Fire and Life Safety Food & Water Watch National Center on Shaken Baby Syndrome Ford Foundation National Committee for Responsive Free Press Philanthropy Girl Scouts of the USA National Council of Behavioral Health Girls Inc. National Council of Churches Global Integrity National Council of Nonprofits Goodwill Industries International, Inc. National Council of Tribes Grantmakers for Effective Organizations National Dance Education Organization Greater Nonprofits National Hartford Centers of Gerontological GuideStar Nursing Excellence Habitat for Humanity International National Human Services Assembly Harbor Compliance National Indian Child Welfare Association HawkWatch International National LGBTQ Task Force Hindu American Foundation National Organization for Albinism and Histiocytosis Foundation Hypopigmentation Horizons National National Runaway Safeline Human Science Institute National Safe Place Network Independent Sector National Tongan American Society International Essential Tremor Foundation NEO Law Group International Hearing Dog, Inc. North American Bramble Growers Research International Performing Arts for Youth Foundation International Primate Protection League OPERA America Issue One Partnership for America's Children Jessie Ball DuPont Fund Pension Fund of the Christian Church Jewish Alliance for Law and Social Action Philanthropy for Active Civic Engagement Jewish Council for Public Affairs Project Wet Foundation Jewish Federations of North America Project Managers Without Borders Leadership USA Public Citizen League of American Orchestras Rockefeller Brothers Fund League of Women Voters Secular Coalition for America Leukemia Research Foundation Senior Executives Association Local Learning: The National Network for Folk Seva Foundation Arts in Education Skillman Foundation Lumina Foundation Silicon Valley Community Foundation Lymphoma Foundation of America Smith’s Food and Drug Migraine Research Foundation Social Velocity Mentors International The Arc of the United States Morino Ventures, LLC The Aspen Institute National 4-H Council The Association of Junior Leagues National Alliance of Community Economic International, Inc. Development The Commonwealth Fund National Association of Charitable Gift The Dibble Institute Planners The Educational Foundation of America National Association of Health Data The George Gund Foundation Organizations The Honor Society of Phi Kappa Phi Community Letter in Support of Nonpartisanship April 5, 2017 Page 4 The Michael J. Fox Foundation Humane Society of