Why Doesn't TJMHC Tell People Not to Vote for That Candidate?
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. Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. Violating this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.
The above passage is taken directly from the Internal Revenue Services’ web page titled, The Restrictions of Political Campaign Intervention by Section 501c3 Tax Exempt Organizations. This weekend a TJMHC visitor asked me for what feels like the 500th time this election cycle and the one millionth time in my career, “Why doesn’t the Museum take a stand and tell people not to vote for (insert candidate name)?”
Because we can’t. The Museum and by extension, I as the Executive Director, cannot take a chance that would jeopardize our 501c3 status (the very thing that allows any nonprofit to legally fundraise) by making any public statement for or against any candidate running for public office.
I can personally tell you that if you vote for this candidate or that candidate that I think you are damaging our democracy and even endangering the lives of women and minorities. I, citizen Lori Shepherd, can personally sit with you and talk for hours about the dog whistles and political dogma of each and every candidate on the ballot. And I can and will tell you that these are likely the most consequential mid-terms of our lifetime and your vote for or against certain candidates could decide if our great experiment in democracy will succeed or fail. But, I cannot and will not do any of this in my professional capacity or allow anyone else affiliated with TJMHC to do so either.
I already know what you are thinking, and it is exactly what the visitor said next too: “But some organizations do it!” Yes, I know that they do. In my many years in the nonprofit world, I have listened to some of my colleagues, religious leaders, and organizational board members espouse not only opinions but literally hold forth directives to their constituents on who to vote for. And, I have watched (with some degree of guilty pleasure) as a particular religious organization lost their exempt status for engaging in political and election activities that were strictly prohibited by the IRS.
You may also be inclined to let me know that there is a Facebook Affinity Group or Twitter Feed that is “unafraid” to take a stand against a candidate or back a certain candidate. And, again, I would tell you I know this and, in fact, that I have “liked” that page or that I follow that thread and that I personally “like” almost every one of their posts. I would also go on to tell you that they are not a 501c3. They are a group of like-minded individuals who have 543 followers and the freedom to say whatever they like about any or all of the candidates. If someone doesn’t like what they say, they will simply unfollow them and go on about their merry way.
If Tucson Jewish Museum & Holocaust Center loses its 501c3 the consequences are far greater. Everything that we do at TJMHC is in service to the public and in keeping with our mission to educate about the Holocaust and other genocides, explore the legacy of Jewish experiences in Southern Arizona, preserve the first synagogue built in the Arizona Territory, and collaborate with Tucson's diverse community to promote human rights. As a public charity, we are only able to do this work because of the generosity of our donors and supporters. Without our 501c3 status, we would no longer be able to host thousands of students a year who come here on school field trips to learn about the Holocaust and the importance of standing up to antisemitism . If we were no longer a tax-exempt organization, we would also no longer be a free museum that welcomes visitors who come to learn not only the history of Southern Arizona’s Jewish community but also about Judaism as a religion, a culture, and an identity. We would lose this sacred space of memory and memorial for the more than 270 Holocaust survivors who made Southern Arizona their home. And, without a valid 501c3 status, TJMHC would no longer be able to offer diverse programming that supports human rights for all in Southern Arizona.
The board and staff of TJMHC are just not willing to risk all of that to tell you who you should vote for next week.
So, what can I, Lori Shepherd – Executive Director of Tucson Jewish Museum & Holocaust Center - do? The IRS clarifies this for me too, “Certain activities or expenditures may not be prohibited depending on the facts and circumstances. For example, certain voter education activities (including presenting public forums and publishing voter education guides) conducted in a non-partisan manner do not constitute prohibited political campaign activity.”
Therefore, what I am able and willing to tell you is that you need to vote! You need to inform yourself, by truly taking the time to understand who the candidates are — and not just for the top candidates on the ballot like Senator and Representative but also for the other offices from Secretary of State to County officials. If you do not know what a Corporate Commissioner does, take five minutes to find out and make an enlightened decision on who you are willing to put into office. I am willing to tell you that you need to vote with integrity. Don’t just consider what this election means to you but also to least among us. Please vote as if the soul of our democracy depends upon it because it does.
In keeping with what I am allowed to do, here are some nonpartisan voter resources that you might find useful:
Arizona Secretary of State - Elections