In a message dated 7/1/2004 12:58:49 PM Eastern Standard Time, K8JE@arrl.org writes:
Chris, O Great and Fearless Legal Leader,
Jeez. Do I owe you money, Jim?
Jay and I have been discussing the practicality of the degree to which ARRL can (under 501c3 regs) become involved in promoting people to write FCC, Congress and the like to promote Amateur Radio-related issues. Please share your expertise with us on the following questions and any similar situations.
Sure.
1. Is ARRL allowed (under 501c3) to have computers at our booth for the purpose of passersby to write E-mail to regulators/legislators to promote or oppose action of relevance to Amateur Radio – e.g., are we allowed to encourage and facilitate such E-mail in support of the Amateur Radio Spectrum Protection Act at the ARRL booth at the Hamvention?
Yes. We have a good deal of flexibility here. However, our effort should be aimed at ARRL members. The sign in the booth about it, if there is one, should be addressed to ARRL members. You need not be that exclusive as a matter of fact. Don't check membership before allowing a ham to use the computer to send the letter. If there is no sign, you don't have to ask about membership status. When discussing it, if there is no sign, tell people that we are asking ARRL members to write their legislator, etc., but you can let on that they don't have to be an ARRL member to do it. The cost of this is low, but the cost does have to be included in calculation of lobbying expenses. Since Dave tells me that these aggregate cost calculations are rounded to the nearest $20K, it is not a show stopper.
2. If 501c3 does not permit the above, would it allow us to have such a advocacy booth separate from the official ARRL booth?
Not applicable, given the above, and not advisable for other reasons if affiliated with ARRL. We can be up front about this without violating any IRS rules.
3. If 501c3 does not permit either of the above, what would it allow us to do along these same lines?
Protesting outside FCC's Portals Building with burning torches and Powell and Ed Thomas being hung in effigy comes to mind. Add clowns and exorcists.
73, Chris W3KD