Nonprofit Advocacy Imperiled

Cross posted at Disabled Americans for Democracy

The House will likely vote next Wednesday, Oct. 26, on a provision to be introduced as a managers amendment to the Affordable Housing Fund (AHF) in the Federal Housing Finance Reform Act (H.R. 1461) that would dramatically restrict nonprofit advocacy. While it applies only to nonprofits seeking grants under a new Affordable Housing Fund (AHF), the provision sets a dangerous precedent that threatens the speech and association rights of all nonprofits.

The Nonprofit Gag Provision restricts nonprofit entities - it does not apply to for-profit entities - from receiving AHF grants if the organization:
Engages in partisan and nonpartisan voter registration, voter identification, and get-out-the-vote activities;

* Publicly promotes, supports, attacks, or opposes a candidate for federal office, which could be interpreted to include criticism of elected officials who may be seeking reelection;
* Broadcasts any ads public service announcements, grassroots issue advocacy, anything that refer to federal candidates within 60 days of a general election or 30 days of a primary; or
* Lobbies, except if the group is a 501(c)(3) organization it may lobby within permissible limits.

Affiliation with any entity that engages in any of the above activities during the same time period 12 months before applying for a grant or during the grant period will also disqualify the group from receiving money from the AHF.

Read the entire alert, including detailed analysis, at the Justice For All archives.

The long and the short of it is that this proposed gag order is in opposition to the spirit of the current U.S. Law and practice. It would prevent any nonprofit from receiving AHF grants if it were associated in any way with any other entity that engages in political activity, be it partisan or nonpartisan, lobbies the government, etc. Moreover, the term "affiliate" is here given a broad definition that just about covers any conceivible relationship. The inescapable conclusion to be drawn is that the Republican sponsors of this provision want to prevent nonprofit organizations from both exercising their rights of free speech and association and performing advocacy. It is extremely dangerous, and must be defeated.

Contact your Rep as early as possible on the morning of Wednesday, Oct. 26 to register your opposition to this provision.

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