On Tue, Oct 4, 2011 at 8:21 PM, Mark delirium@hackish.org wrote:
On 10/5/11 1:50 AM, Ryan Kaldari wrote:
The WMF isn't allowed to lobby for or against legislation, per our 501c3 non-profit status in the US. This is not necessarily true for chapters though, and definitely not true for the communities.
Somewhat true, but not a red line. The IRS gives this wonderfully vague formulation: "A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status".
Thanks, Mark - I was about to say this as well.
The WMF can engage in limited lobbying. I think we should do more than we have to date, where essential to our mission. It would be harder to spread free knowledge to everyone without the open web, which is regularly endangered by short-sighted policies.
A 501c3 is prohibited from influencing elections for public office, but can otherwise influence policy -- limited primarily in how much money or staff time is spent on lobbying. The clearest test for "how much" is an expenditures test. http://www.irs.gov/charities/article/0,,id=163394,00.html
As John V says, the IRS treats all policy lobbying the same here, national or international.
Phil Nash:
I don't think that there is a distinction between "lobbying" and
"campaigning".
One thing a 501c3 is prohibited from doing is influencing elections for public office in a partisan way, including supporting or opposing any specific politician.
CLPI has a good practical summary of the law in this area: http://www.clpi.org/the-law/faq
Sam.