Johnson: Proposed IRS Regs Fracture Liberals

"The proposed Internal Revenue Service regulations governing political activity by nonprofits that have united the Right in opposition are now fracturing the Left," writes Eliana Johnson. Labor unions, the ACLU, and other liberals are joining conservatives in opposing the regs.

The proposed changes, which were unveiled in late November, would classify much of the day-to-day activity of 501(c)(4) social-welfare groups, including voter education and registration, as political, thereby endangering their tax-exempt status. They would also prohibit public communication 60 days before a general election or 30 days before a primary election that identifies a political candidate — that is, nearly every advertisement aired by groups such as the conservative Americans for Prosperity or the liberal League of Conservation Voters — during the period when they are most effective.

Labor unions worry that 501(c)4 regulations aimed at silencing conservative voices will easily be applied to 501(c)5 non-profits and used to silence liberal union voices. 

The American Civil Liberties Union, meanwhile, submitted a 26-page comment to IRS commissioner John Koskinen slamming the proposed regulations. “Social welfare organizations praise or criticize candidates for public office on the issues and they should be able to do so freely, without fear of losing or being denied tax-exempt status, even if doing so could influence a citizen’s vote,” the group wrote, calling such advocacy “the heart of our representative democracy.” The ACLU argued that, if the advocacy of social-welfare groups influences voting, it does so only by “promoting an informed citizenry.”

On the right, the forces are cheering the liberal groups joining their ranks. “The reality is that the White House and the incumbent Democrats are willing to treat the liberal grassroots organizations as collateral damage in their efforts to silence conservatives,” says Cleta Mitchell, an election-law attorney at Foley & Lardner who represents several tea-party groups that were targeted by the IRS. “The destruction is finally dawning on the liberal organizations, and they are stepping up and speaking out, much to the surprise and dismay of the Democrats in Congress and the White House. They are being very brave to do so.”

It appears the only group that supports the proposed regs are Democrats in Congress, particularly those in battleground states.