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Policy Alert: Threat to Nonprofit Partisanship

Policy Alert: Threat to Nonprofit Partisanship














Last week, the U.S. House of Representatives Appropriations Subcommittee on Financial Services approved a bill with a provision that would weaken enforcement of the law on nonprofit partisanship. Historically the Johnson Amendment has prohibited nonprofits from participating in political campaigns and protected nonprofits from taking sides in partisan elections. The full House Appropriations Committee reportedly could consider the appropriations bill as soon as this Wednesday, July 12.

About the Provision
The provision, Section 116 of the House Financial Services and General Government FY2018 Appropriations bill, would prohibit enforcement of violations of the Johnson Amendment unless politicians on the House and Senate tax committees are briefed first by the IRS, and 90-days notice is provided before enforcement actions. Currently the IRS determines when a violation has occurred without Congressional involvement.

According to Newsweek, Section 116 "would make it exponentially more difficult to enforce" violations of the Johnson Amendment. There is concern among nonprofit organizations that the provision could create unreasonable hurdles on enforcing the law that ensures nonpartisanship. Tim Delaney, President & CEO of the National Council of Nonprofits, has a recent article in Nonprofit Quarterly explaining why this provision is a threat to 501(c)(3) nonprofits. 

What You Can Do
Kansas Representative Kevin Yoder (R-KS) serves on the House Appropriations Committee. If you live or work in Kansas's 3rd district, click here to contact Representative Yoder.

For more information, please reference the National Council of Nonprofits' resources on Protecting Nonprofit Partisanship.

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