INSPIRED TO DONATE
HSLDA is playing the honest broker in the current election. GOP victory = Homeschooling freedom. That’s according to their recent e-Lert:
[For] the first time in over a decade, control of both the U.S. Senate and U.S. House is realistically at stake. A change in party control could have a wide ranging impact on homeschoolers.
Based on Home School Legal Defense Association’s experience of protecting and defending homeschooling on the state and federal levels, I can assure you that the Republican majorities in Congress are friends of homeschooling…
Twelve years ago, [Democratic Rep.] George Miller attempted to introduce an amendment that would have required that all teachers, including homeschool moms, be certified teachers. He may try something similar if he ever gains the chairmanship of this important committee…
Our homeschooling freedom is fragile. One amendment passed by a Democrat-controlled House and Senate could find its way into law. HSLDA will do everything, with your help, to stop this from happening, but our job, to defend your right to homeschool, will be much easier with government leaders who support our position…
The lines are clearly drawn for us on the homeschool, life, and marriage issues. I am convinced that we must do all that we can to ensure that Republicans maintain control of Congress on November 7.
Hmmm. A 501(c)(3) organization calling for their members to donate to and vote for Republicans. I’d say that’s a pretty blatant violation of their tax-exempt status. Perhaps someone should tip off the IRS?
Well, I was so taken with HSLDA’s call for action and donations, that I kicked in an extra $20 to Larry Kissell.
UPDATE: You’d think a bunch of lawyers could figure this out:
The Prohibition on Political Campaign Intervention
Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. The prohibition applies to all campaigns including campaigns at the federal, state and local level. Violation of this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes. Those section 501(c)(3) organizations that are private foundations are subject to additional restrictions that are not described in this fact sheet.
What is Political Campaign Intervention?
Political campaign intervention includes any and all activities that favor or oppose one or more candidates for public office. The prohibition extends beyond candidate endorsements. Contributions to political campaign funds or public statements of position (verbal or written) made by or on behalf of an organization in favor of or in opposition to any candidate for public office clearly violate the prohibition on political campaign intervention. Distributing statements prepared by others that favor or oppose any candidate for public office will also violate the prohibition. Allowing a candidate to use an organization’s assets or facilities will also violate the prohibition if other candidates are not given an equivalent opportunity. Although section 501(c)(3) organizations may engage in some activities to promote voter registration, encourage voter participation, and provide voter education, they will violate the prohibition on political campaign intervention if they engage in an activity that favors or opposes any candidate for public office. Certain activities will require an evaluation of all the facts and circumstances to determine whether they result in political campaign intervention.
And, just in case anyone’s interested, here’s the form used to report tax fraud.
UPDATE II: Scott pointed out in comments that I had the portion of the tax code wrong. HSLDA is chartered as a 501(c)(4) organization. The rules covering political activity are different. I’ll leave it to y’all to determine if they’ve still crossed the line:
The promotion of social welfare does not include direct or indirect participation or intervention in political campaigns on behalf of or in opposition to any candidate for public office. However, a section 501(c)(4) social welfare organization may engage in some political activities, so long as that is not its primary activity. However, any expenditure it makes for political activities may be subject to tax under section 527(f).
6 Responses to “INSPIRED TO DONATE”
 Comment by Scott W. Somerville October 15th, 2006 at 5:16 pm |
Actually, HSLDA is a 501(c)(4) organization. Just thought you ought to know. |
 Comment by Daryl Cobranchi October 15th, 2006 at 5:22 pm |
Thanks for the clarification. Is there any significant difference in how the IRS treats the two types of organizations in terms of partisan activities? |
 Comment by madhatter October 15th, 2006 at 5:49 pm |
HSLDA would be 501 (c)(4) as a social welfare organization. These are tax exempt groups organized (among other things) to advance issues and can have “insubstantial” political activity that is taxed. Lobbying, therefore can be (and often is) a primary activity, but involvement in elections or other political activity must be minimal (in regards to % of budget.) I’m not an election lawyer, but it doesn’t seem to me that this crosses any lines. |
 Comment by COD October 15th, 2006 at 7:29 pm |
It seems like totlly wasted effort though. I’ll bet 95% of HSLDA members were already Republican when they joined. It might serve as a get out the vote effort, but I doubt they are changing any minds. |
 Comment by Nance Confer October 16th, 2006 at 2:41 pm |
Getting out the vote is the point for everybody now, isn’t it? There’s nothing substantive being added to the pre-election “news,” as far as I can tell. Nance |
 Comment by Bill B October 17th, 2006 at 7:16 am |
My wife and I remain members of HSLDA for one reason only— mere mention of the acronym strikes fear in the local school board staffers. The scope of their political activity sickens me— but given the problems we’ve had with the local school board, we don’t have much choice right now but to maintain our membership. |