[20788] in APO-L
Re: define political activity
daemon@ATHENA.MIT.EDU (Clifton Gilley)
Wed Aug 25 14:33:40 1999
Date: Wed, 25 Aug 1999 11:33:09 -0700
Reply-To: Jed R Bullock <jbulloc1@osf1.gmu.edu>
From: Clifton Gilley <clifg@SEATTLEU.EDU>
To: APO-L@LISTSERV.IUPUI.EDU
Maybe I'm just being picky...us law students do tend to do that. But the
key language here in the quoted statute is "no substantial part of the
activities of which..." With all due respect to Mr. Bullock, I have yet to
find a Federal statute which is "unequivocal". ;-)
I think that APO-L can hardly be seen as a "substantial" part of APO, if
only for the reason that those subscribed to this list are perhaps (I don't
have the numbers to back this up) a minority of those actual members out
there. A posting to this mailing list, particularly by an auto-respond
message is *highly* unlikely to jeopardize APO's status as a tax-exempt
organization. IMHO, It's similar to a member who holds his own political
beliefs, and happens to tell someone about them at a meeting. That's not a
"substantial part" of Alpha Phi Omega.
Of course, with due respect to Dennis Miller, that's just my opinion...I
could be wrong.
Cliff Gilley
3L Student, Seattle U Law
Alpha Phi Omega Section 8 Chair
-----Original Message-----
From: Jed R Bullock
To: APO-L@LISTSERV.IUPUI.EDU
Sent: 8/25/99 7:07 AM
Subject: define political activity
Concerning the posting of messages on the issue of political activity-
and
specifically, prohibition from participation on the part of a 501(c)3
organization:
In this case (the situation in which the topic was raised)- "political
activity" can be defined by referring to
TITLE 26 OF THE UNITED STATES CODE - THE INTERNAL REVENUE CODE
Chapter 1 - Subchapter F - Exempt Organizations
Section 501 (c) 3 -
"Corporations, and any community chest, fund, or foundation, organized
and operated exclusively for... charitable... or educational
purposes... no part of the net earnings of which inures to the benefit
of
any private shareholder or individual, no substantial part of the
activities of which is carrying on propaganda, or otherwise attempting,
to
influence legislation (except as otherwise provided in subsection (h)),
and which does not participate in, or intervene in (including the
publishing or distributing of statements), any political campaign on
behalf of (or in opposition to) any candidate for public office."
This is federal statutory law and it is unequivocally stated. Any
violation may jeopardize Alpha Phi Omega's tax-exempt status. Any
posting to the listserve dealing with a particular political campaign
can
very well be construed as a "publishing or distributing [of a]
statement"
on behalf of a candidate (who has filed with the Federal Election
Commission) for public office. I hope this brings some more
understanding to the issue.
- Jed Bullock
Active Brother, Alpha Delta Delta Chapter
George Mason University, Fairfax, Virginia
------------------------------
Date: Mon, 23 Aug 1999 17:53:11 -0400
From: "Gerald A. Schroeder" <gschroed@CAPACCESS.ORG>
Subject: Re: automated response
This is a list server for the use of members of Alpha Phi Omega, a
college-based, coeducational service fraternity. As a 501(c)(3) tax
exempt, non-profit charitable organization, Alpha Phi Omega is
prohibited
from engaging in partisan political activity, and its policies very
clearly prohibit such activities. Accordingly, in the future please do
not use this list to send messages concerning any candidate for
President
of the United States. Jason, your cooperation is very much appreciated.
Jerry Schroeder
Past National President
Alpha Phi Omega
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