Thursday, January 15, 2015

Identifying Donors: IRS, NOM, Maine, Mozilla, and November

Gerrymandering is an old, subversive form of pre-election cheating. Officials in a state may draw up the voting districts in such a way as to help a certain candidate or party win a poll. The history of the practice includes figures such as founding father Patrick Henry and former Senator Barack Obama, along with institutions like Congress and the Supreme Court.

The current decade has seen a form of post-election underhandedness. The most popular example is the Internal Revenue Service scandals of the past year or two. IRS agents—if not the agency as a whole—allegedly conducted extra scrutiny from 2010-2012 on conservative non-profit groups.

The story broke in 2013, but is currently heating up again as many of the organizations are suing the federal government and various officials. Most Republicans and some Democrats resent such extra-legal targeting, and President Obama called it “inexcusable.”

But this game involves more than just the IRS. Some states want in on the action, too.

In 2009, the National Organization for Marriage (NOM) tried to overturn Maine’s new same-sex marriage law. NOM’s efforts succeeded, and the law never took effect.

Then the Maine Commission on Governmental Ethics and Election Practices began investigating NOM’s involvement. After some legal delays, the commission finally released its findings in late May. It found that NOM had failed to register its campaign or reveal its donors, contrary to state law.

Maine requires all donors—other than political action committees—to register in the state if they raise or spend more than $5,000 on a ballot issue. NOM contributed about $2 million. Therefore, the commission recommended fining NOM $50,250—nearly twice the largest penalty it has ever imposed.

NOM says it will appeal the decision. It does not contest the $2 million figure; rather, it says that most of the money it raised went into its general fund, and that most of its expenditures came out of the same fund. The dollars were not specifically earmarked for the Maine initiative. Therefore, NOM maintains, it should not have to reveal its donors or pay the fine.

Both sides have made strong emotional appeals—but weak legal arguments—to the press. NOM contends that Maine’s ethics commission is singling it out, and that its gay rights opponent in the 2009 political battle, the Human Rights Campaign, operated in the same way. Whether this claim is right or not, it hardly helps to prove their innocence.

On the other hand, the commission refuses to acknowledge that NOM’s money could have come only from general donations and expenses. Walter McKee, chairman of the commission, believes this assertion “strains the credibility here.” Still, the commission has the burden of proof to show any actual wrongdoing.

This issue has broader implications for donations and elections. In late March, Brendan Eich was appointed CEO of Mozilla. The next day, blogs, social media, and news reports began to oppose his new leadership role because six years earlier Eich had donated to the pro-traditional marriage Proposition 8 campaign in California. The attacks became so strong that Eich resigned one week later. Obviously, NOM fears that sort of retribution against any of its donors.

Also, presidential elections are not far away. NOM and other groups—conservative and liberal—might be forced to play more limited roles if their donors fear future identification. Both the IRS and Maine ethics commission have their place. But making one-sided, incompetent, or excessive inspections goes beyond their mission.

Please pray for:
  • Humility, integrity, and forethought on the part of officials and private citizens who seek to restrict or examine other groups or individuals
  • Dialogue and justice to prevail over bias and unilateralism all across America
  • Politically-minded organizations to abide by all laws pertaining to their activities
  • Religious freedom and biblical truth to prevail in today’s culture wars

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(Originally published by The Presidential Prayer Team.)

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