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Seeing the Political Forest for the Trees

One of the fun things I get to do with political musings is get on the e-mail lists of candidates and organizations.  However, because a significant number of people in this town aren’t crazy about me, I try to not to use my “Abdul” e-mail addresses, but instead, one of several other ones.  It works quite well.  That’s how I found out that former Indianapolis west side resident and State Senate candidate Robin Shackleford is having a campaign kick-off for the seat being vacated by Bill Crawford in House District 98.

I knew she and the political powers that be had edged out incoming City-County Council  Majority Leader Vern Brown out of running for the spot but I didn’t think the group was putting itself in a position to run afoul of federal law.

Shackleford is hosting her event on Thursday at the Forest Manor Multi-Service Center.  The invitation is pretty straightforward. It lists the usual group you would expect to find hosting this event and invites the public to come from 5:30 – 7:30 p.m.  The problem is that Forest Manor is listed with the IRS as a 501(c)(3).  And here is what the IRS has to say about 501(c)(3)’s getting involved in political campaigns…

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.

And it gets even better…

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.

So let me see,  Forest Manor, a 501(c)(3), is allowing its facilities to be used to host a political event for a Democratic candidate for State Representative. If you’re expecting me to go off on a rant of self-righteous indignation, sorry, not gonna happen.  You know why?  Because I am sure when Marion County GOP Chairman Kyle Walker finds a candidate to run in House District 98, he can pick up the phone and call Forest Manor Executive Director Regina Marsh, who by the way is a Democrat  who ran against Republican Mike McQuillen in Council District 12 and lost.  And knowing Regina like I do, she will be more than happy to allow the Republicans to use her facility for their candidate to kick off his or her campaign, because we all know Regina would never do anything that would jeopardize the tax status of  Forest Manor by engaging in anything that would even have the slightest hint of impropriety because we know that type of behavior is reserved for Republicans and redistricting,  right?!

Right!

  • Professor Puff

    Abdul, do you really want to go down this slippery slope? Your buddy on the 25th violated about five regulations in his TV spots. IMPD officers, on duty, in his spots? Lets start with that one and move on from there.

    We can always go down  Huber street and see how that one plays out.

  • Pogden297

    It is not black and white but would depend on whether they rent this facility for other non-political events and whether they treat all political events the same.  From an IRS publication;

    Business Activity

    The question of whether an activity constitutes participation or intervention
    in a political campaign may also arise in the context of a business activity of
    the organization, such as selling or renting of mailing lists, the leasing of
    office space, or the acceptance of paid political advertising. In this context,
    some of the factors to be considered in determining whether the organization has
    engaged in political campaign intervention include the following:

    • Whether the good, service or facility is available to candidates in the
    same election on an equal basis,

    • Whether the good, service, or facility is available only to candidates and
    not to the general public,

    • Whether the fees charged to candidates are at the organization’s customary
    and usual rates, and

    • Whether the activity is an ongoing activity of the organization or whether
    it is conducted only for a particular candidate.

    Example 17: Museum K is a section 501(c)(3) organization. It owns an
    historic building that has a large hall suitable for hosting dinners and
    receptions. For several years, Museum K has made the hall available for rent to
    members of the public. Standard fees are set for renting the hall based on the
    number of people in attendance, and a number of different organizations have
    rented the hall. Museum K rents the hall on a first come, first served basis.
    Candidate P rents Museum K’s social hall for a fundraising dinner. Candidate
    P’s campaign pays the standard fee for the dinner. Museum K is not involved in
    political campaign intervention as a result of renting the hall to Candidate P
    for use as the site of a campaign fundraising dinner.

    Example 18: Theater L is a section 501(c)(3) organization. It maintains a
    mailing list of all of its subscribers and contributors. Theater L has never
    rented its mailing list to a third party. Theater L is approached by the
    campaign committee of Candidate Q, who supports increased funding for the arts.
    Candidate Q’s campaign committee offers to rent Theater L’s mailing list for a
    fee that is comparable to fees charged by other similar organizations. Theater L
    rents its mailing list to Candidate Q’s campaign committee. Theater L declines
    similar requests from campaign committees of other candidates. Theater L has
    intervened in a political campaign.

  • M Theory

    Personally I would not mind seeing both our local Republican and Democrat parties go tumbling down that slippery slope and land right into the frozen lake and drown.

  • Ramon

    As long as she pays rent for the use of the facility,  it is permissible.

  • Regina

    Forest Manor Multi-Service
    Center has and will in the future rent space to the public. Our current fees
    are $50 per hour for all events including  political parties. In August 2006 Carl Brizzi campaign
    rented our organization for a event  as
    well as other political campaigns have in the past. I believe because most know
    we are a small non for profit in need of many different fundraising opportunities
    many have reach out to assist us by renting space. Moreover, Abdul thank you
    for this free advertisement of our rental(able) space I hope it generate more
    people willing to use Forest Manor in the future to share their plans for this
    community. I am more than happy Abdul to provide you with the pictures and receipt
    copies when I have time if you feel that will help you explain the rules for a
    501 C 3. It’s a good thing you know me Abdul!

  • jlg

    Did we not see IMPD officers in Kennedy spots?

  • Think Again

    It’ll never happen.  Thr IRS is far too busy for this tomfoolery.

    However, I’m part of a c-3 organization, and we have a written opinion that states, if we rent facilities to a political organization, and have a policy that treats all organizatons equally, it’s OK.  So long as the rental is not a sham (in other words, if we rented the room for $5 and it costs $25 to hire a janitor for the evening, that’s a sham).

    Once again, Abdul, you’re harping on a minor point while there are bigger points smack in front of your eyes.

  • indyernie

    I’ll be happy just to see Crawford gone. He has done NOTHING to bring development to our district. The only issues he has shown interest in have been racial and it is usually him stirring the pot of discontent. I’m also glad to know that Brown is no longer in the running. Vernon has already proven that he is a lazy, do nothing councilman, all we needed was another LAZY do nothing representative. An empty seat would provide better constituent services than Bill Crawford or Vernon Brown.

  • Think Again

    Interesting observations.

    I’m just wondering if you apply the same review criteria to Susie Day, Phil Hinkle, et al.

    And–if you don’t know the myriad things Bill Crawford has done for his district, from neighborhoods, to churches, to roads, to schools, then you are ignorant.

    I don’t always agree with his politics, but he’s a war horse, and he’s earned his stripes. His retirement is also a big loss for legislative budgetary oversight–both sides agree, he’s got a lot of institutional memory that walks out the door when he does.  Don’t believe me?  Ask Jeff Espich and Sen. Kenley.  They recognize political differences and budgetary knowledge.

  • Abdul

    I am here to help. I love not-for-profits and think they do a lot of good work, even yours.  Too bad you didn’t get elected though, we could have spent a lot more time together.  Hope you’re doing better after the breakdown election night.

  • Steved608

    So what was the point of this article? Looks like you are trying to make something out of nothing.

  • innocent bystander

    wow. class act, abdul.

  • innocent bystander

    agreed. worst “lawyer” ever. 

  • Ramon

    I am certain that your mother taught you to be gracious and not belittle people who lose.  When did you forget what she taught yoou?   This post of yours is downright vulgar.

  • Think Again

    It is.  Classless.  

  • Pogden297

    It’s not quite that simple.  If they let one political group rent it but not another that would be a problem.  See above. Also if they don’t make it open to non-political groups to rent that also would be a problem.

  • pascal

    Those two republicans you mentioned are both big and free spenders are they not?  If so, that may have something to do with what you say is their regard for the less than worthless Crawford.

  • Rico

    Try telling these black churches that Republicans can campaign there as well.

  • indyernie

    You can believe in fairytales if you want but I’ve lived in his district for 24 years. I know what he hasn’t done.

  • Indyernie

    I heard from someone who has talked with Vernon Brown. As of now Vern hasn’t agreed to step aside.