Federal Politics

Published — March 7, 2014 Updated — May 19, 2014 at 12:19 pm ET

Issue ad or political ad? You be the judge

School board candidates backed by Koch-connected nonprofit

Introduction

The advertisement ran just less than a month before the race for school board in Douglas County, Colo.

“Liberals are fighting school choice in Douglas County,” the announcer intoned. “But four conservatives — Doug Benevento, Meghann Silverthorn, Jim Geddes and Judi Reynolds — have pledged to make sure Douglas County remains a national leader in school choice.”

The ad urged viewers to thank the four — two incumbents and two candidates who had never held office — for “standing up to the unions fighting for common-sense school reform.”

The ads were effective. Despite overwhelming opposition by the teachers union, all four candidates won.

The ad was part of a $350,000 outside spending campaign, running August through mid-November, by the Colorado chapter of the Americans for Prosperity Foundation to elect the conservative slate.

AFP paid for mailers, canvassing and cable television ads, according to AFP state director Dustin Zvonek.

But no public record of how the nonprofit organization spent its money exists with the Colorado Secretary of State, and Comcast doesn’t have a record of Americans for Prosperity’s advertising purchase in its political files.

Why? Because according to AFP, the ad wasn’t political.

“Americans for Prosperity is an issue client that we’re not required to keep anything in the file for” issue ads, said Ariana Dobson, who sells political ads for Comcast in the Denver-area.

According to Zvonek, the organization didn’t have to file records of its spending with the Colorado Secretary of State the way political action committees and other election-focused groups did because the campaign wasn’t focused on the November election, but rather on educating the public about reforms the existing school board already implemented.

“There was an effort primarily from the teachers union to kind of distort the facts,” Zvonek said.

The difference between an issue ad and a political ad may seem indecipherable to the average viewer, but when it comes to what a nonprofit can and can’t do with its money, state and federal laws make a critical distinction.

Colorado requires groups to report electioneering to the Secretary of State. State law defines electioneering as any message that “unambiguously” refers to a candidate and is broadcast 60 days or fewer before a general election.

The ad described above began running the week of Oct. 8, according to AFP’s website. Election Day was Nov. 5.

Colorado Secretary of State spokesman Rich Coolidge declined to say whether the ads run by Americans for Prosperity would be considered electioneering without someone filing a complaint against the group.

But Joseph Birkenstock, former chief counsel of the Democratic National Committee, said the ad appeared to fit squarely within the state’s electioneering qualifications, which, he noted, are broader than the federal electioneering rules.

The Americans for Prosperity Foundation’s status as a 501(c)(3) nonprofit organization also prohibits the organization from engaging in partisan political activity. IRS rules allow 501(c)(3) nonprofits to participate in nonpartisan education efforts, like a voting guide or voter registration drive, but not activities that clearly favor one candidate over another.

The IRS takes a fairly strict view of what sort of activity is considered partisan where 501(c)(3)’s are concerned, according to Marcus Owens, a former IRS director of exempt organizations.

“It includes arguably anything that indicates a support or opposition to a candidate for elected office,” Owens said. “You don’t have to have the magic words of ‘vote for,’ or ‘vote against.’ You just have to express a preference for them.”

The IRS also takes into consideration factors like timing — whether the ad ran exclusively in the run-up to an election — and if the ads are consistent with others the organization runs year-round.

Based on these factors, Americans for Prosperity’s Douglas County ads would be considered partisan and would violate the group’s tax-exempt status, Owens said.

“It’s advertising that appears only in the run-up to the election, it names individuals who are candidates and clearly will be identified as candidates by other media, and it expresses a preference for them. That’s campaign intervention.”

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SOUTH JERSEYTed SiroisMark SullivanTom LarkinAnonymous Recent comment authors
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Mark Sullivan
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Mark Sullivan

Trump needs to conduct these activities because the entire MSM media, excluding Fox, is campaigning against him 24/7/365.

Didn’t Monica’s boyfriend’s wife and various criminal enterprises outspend Trump by almost 2-1?

CapitalistRoader
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CapitalistRoader

Why wouldn’t he get an early start on fund raising? Hillary outspent him two-to-one in 2016. The Dem’s are the party of big money. The President knows this and is attempting to get a jump on it. Of course the Dem candidate will outspend him in 2020 so it’s only rational that he starts fund raising now.

George Young
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George Young

Oh brother. We just 8 years of the Campaigner – in – Chief. Where was this journalistic rectal thermometer then. Just another article about 2000 words too long that merely takes another slap at Trump for something he far from initiated.

j stevenson
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j stevenson

The big difference between Trump and all the rest is his refusing to accept funds from lobbyists, so they don’t have the White House access they are used to. These are the donors who buy the presidency and are as pixxed off that he won the election as are the media and the Dems. Lobbyists have never been shut out of the WH and Trump has told them he is not for sale.

jan v
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jan v

all the lobbyists are running all our government agencies and all the career civil servants who know how to run the country have been fired. YOU think this is a good thing ? what a crock…

thomas alessi
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thomas alessi

I am for Trump

Martin Shellabarger
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J. Stevenson, what are you drinking? Trump has more lobbyists in his administration than probably any other president. Trump is totally “for sale”, and the corporations know it. Grow a brain!

Anonymous
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Anonymous

Trump needs to be impeached and tossed in prison. Then have the key thrown away so he will never be free. Then he can see how it feels not to have freedom.

Mark Sullivan
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Mark Sullivan

Thank you for the usual insightful leftist low IQ Snowflake response.

barney
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hes not imprisoning them hes sending them back to their country chill tf out

SOUTH JERSEY
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SOUTH JERSEY

WHY DONT YOU HAVE FREEDOM?

Tom Larkin
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Tom Larkin

First, something positive. I was happy to learn of empirical information in article. BUT, the article was so slanted against President Trump as to be deemed fake news (“Perhaps Trump just lied.” (Two different issues)). The article mentions that President Trump raised over $67 million, but ended 2018 with $19 million. President Trump spent over $40 million 2016 and 2017. President Trump conducted 57 political rallies. The article notes the hats and T-shirts sold, but NEVER MENTIONS THE INCREASE IN THE NUMBER OF REPUBLICAN SENATORS during a mid-term election that lost the House and the number of political rallies in… Read more »

Ted Sirois
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Ted Sirois

At least Trump is getting donations from willing donors. Fresh from his first election, Obama used billions of our children’s tax dollars to save thousands of union jobs in the car industry and bailed out the banks and many Wall Street businesses. This secured his source of reelection funds for his reelection four years later.

South Jersey
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South Jersey

TRUMP 2020; IS AN AMAZINGLY SMART MAN! VERY ORIGINAL & CREATIVE. I AM HAPPY TO HAVE HIS AS POTUS.

SOUTH JERSEY
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SOUTH JERSEY

THIS ARTICLE WAS OBVIOUSLY WRITTEN BY, A TRUMP-HATE-GROUP. THAT FEELS; IT IS NOT NORMAL TO BE SUCCESSFUL WITH YOUR OWN BRAND NAME. WHEN, IF FACT, IT IS NORMAL! >>>>> THIS IS >>> FAKE NEWS!!! <<<< ie: A PACK-OF-LIES; SPUN INTO; DEFAMATION OF CHARACTER. FOR A SINISTER-AGENDA OF; FASCIST DEMOCRATIC SOCIALIST, COUP D'ETAT

David
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David

Are you on some kind of drugs? Writing in caps makes me think that you are grumpy old fart or a uneducated hillbilly.