RE: [ARRL-ODV:7217] Write Congress

I'm sorry to have to wave a caution flag, but sometimes that's what you pay me for. Article 12 of the ARRL Articles of Association reads in part: "No substantial portion of the activities of our Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and our Corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office." The reason for this is that is one of the basic requirements to be a tax-exempt 501(c)(3) organization. Obviously this leads to the question, "What does 'substantial' mean?" There is no clear answer to that question; case law is vague and nobody wants to be the subject of a case that provides a clearer definition. So Congress has provided 501(c)(3)s with an option. By filing a Form 5768 with the IRS they can elect to come under a formula that defines exactly how much they can spend on influencing legislation. We have not elected to do so but we could, and if we are going to move beyond simply working the halls of Congress ourselves and encouraging our own ARRL members to write their Congressmen we probably should. The reason is that attempting to influence legislation through communicating with the general public (which means anyone other than our own members) is regarded as grassroots lobbying, not direct lobbying. The IRS regards direct lobbying and grassroots lobbying differently and there are different limits for each (the limit for grassroots lobbying is much lower). We (and every other 501(c)(3)) have to report the expenditures separately for each although we have not engaged in grassroots lobbying in the past and so we have not had to break it down that way. Historically we have limited our lobbying to direct lobbying, by addressing only our own members. Just because this is what we've done in the past doesn't mean we have to do so in the future, but if we change we must be aware of the implications and act accordingly. Before we engage in grassroots lobbying I think the Board should consider electing to file Form 5768, so if we're going to move in that direction I would like to bring you an explanation of the law and a recommendation at the July Board Meeting. Dave K1ZZ -----Original Message----- From: sysop@bfdin.com [mailto:sysop@bfdin.com] Sent: Wednesday, May 15, 2002 5:29 PM To: arrl-odv@listserv.arrl.org Subject: [ARRL-ODV:7217] Write Congress Jim, Should the American Red Cross national office, National Weather Service, Salvation Army, APCO and other agencies the ARRL supports with emergency or disaster communications also be encouraged to write their representative and the bill sponsor as well? It may help our cause if we can get those agencies, plus their local offices to write in supporting this bill. - Bill N3LLR AR>Greetings: AR>Later today we should have a bill number that we can refer to our AR>members. I am asking you, the Directors and Vice Directors to call each AR>of your section managers and urge them to: AR>1. Write their congressman. AR>2. During their club visits have a handout that they can give to the AR>members pointing out the "hot link" on our web site that will refer them AR>to their representatives. AR>3. Some section managers actually know their representative personally. AR>I am asking that they visit in person or call. AR>4. Send a QSL card to their representative with a note that they urge AR>their representative to support bill_________. AR>We have a lot to talk about in our club visits and conventions and I AR>know you will be happy to point out what your League has done in the AR>last few months. Possible new bands, and a CC&R bill in Congress! AR>Thanks! AR>Jim Haynie, W5JBP AR>President
participants (1)
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Sumner, Dave, K1ZZ