Election Time: Keeping WILPF’s Non-Profit Status Safe

By Darien De Lu
President

June 2022

As the elections near, many WILPFers are drawn to electoral work. Indeed, one of our two 2022 Solidarity Actions is about Voter Rights. Yet, for WILPF US to stay out of unnecessary trouble with the government, it is important for WILPF members to understand what kinds of electoral work we can “safely” do as WILPFers, in contrast to what you might want to do on your own.

If you are interested in electoral work – for your WILPF branch or for yourself, acting as a WILPF US member — please inform yourself by reading the information here.

Even outside of the upcoming elections, we’re nearly all outraged by the leaked Supreme Court decision on Roe v. Wade. I believe we mostly agree that the Republicans in Congress and the White House strategically and intentionally took every action they could to pack the Court with anti-choice judges. Nonetheless, WILPF – as a national organization and at the branch level – is not pro- or anti- any political party, and we do not support or oppose any individual candidates. We take positions on issues.

So we can share our issue positions on our websites, via social media, with handouts, and through vigils and placards. Our banners can say “Support Reproductive Choice”. But we don’t post to social media saying, “Support Suzy Q, because she’s pro-choice. Vote for the Democrats!”

Elections are an excellent time for us to work the issues. Our tax status, as a 501(c)(4) of the Internal Revenue Code does allow us to take positions on issues and, importantly, to advocate for or against legislation. That’s one of our strengths!

Perhaps you’ve heard that some other groups, with the same federal tax status are endorsing candidates and are making statements for or against specific political parties. Some organizations even reassure 501(c)(4)’s that they can do that – without mentioning the accounting consequences (which I explain further below.)

Most of us remember the (ironically named) Citizens United decision – another very bad Supreme Court decision. That decision gave corporations “freedom of speech” rights, and (yes!) WILPF is a corporation with those rights. But we don’t have a team of accountants and attorneys! The IRS is not out to get us – yet we must avoid the potholes.

First, there’s the easy part! One fundamental electoral issue is simply being able to vote, and WILPF may do voter-registration work on a non-partisan basis. That means that a WILPF branch should stay clear of organized voter registration activities sponsored by or associated with any specific political party; choose non-partisan activities.

At the same time, branches and WILPF members can be strategic in where/how we choose to do voter registration. Opt to register voters in areas or at times in which we anticipate those registering are more likely to support our principles! And, in registering voters, we may answer questions, but we don’t recommend or support a party or a candidate.

The IRS does provide lots of online and fairly useful info.  I’ve researched this topic of what a 501(c)(4) organization can do politically and safely repeatedly over the years, and I don’t believe we need to consult a lawyer. Just remember the key points:

1) We don’t want to be partisan!

We have ample influence by addressing the issues and legislation, and in doing so we avoid causing divisions among our members.  We may disagree about what party to support, and that’s fine, because we (mostly!) agree on our positions, based on WILPF principles.

2) This has very little effect on our individual electoral actions and activity.

You can act as an individual; just don’t do so “as WILPF”. At a WILPF event, please don’t urge others to vote for specific candidates or parties.   

3) Branches and their activities should steer clear of party politics. For example, a WILPF branch doesn’t allow electoral campaigners at the monthly WILPF vigil. Still, we need not be perfect! If someone slips up in an isolated incident and hands out campaign literature for a candidate at a WILPF event, we firmly – yet gently – ask them to stop that, since we’re non-partisan.

4) We want to protect our tax-exempt status, which usefully applies to our branches throughout the country.

So we avoid doing things that could attract the attention of IRS or state government officials. Otherwise, we might have to more carefully track everything we do, in order to document that such partisan activity wasn’t our “primary activity”. Such tracking – of staff hours, of expenses for printing, of the value of in-kind volunteer activity – is time-consuming and (therefore) costly.

In summary, individuals can do as they please when not acting within or in the name of WILPF. The following apply to WILPF activities, branches, and committees: 

• WILPF voter registration activities must be non-partisan. 
• We do not endorse or support any party or candidate nor use or distribute any materials that do.