Nonprofits: Cayman Islands of political money
Social welfare nonprofits, which can keep their donors secret, are a lot like Russian nesting dolls: Open one, and you’ll find a smaller version inside.
That’s what courts in California discovered last year when they tried to figure out who paid for TV ads attacking Gov. Jerry Brown’s tax increase plan. The courts forced an out-of-state nonprofit to reveal its donors only to find out that the ad money came from … another out-of-state nonprofit. That’s where the trail ended.
Prompted by a revelation last week that the Internal Revenue Service improperly targeted Republican-leaning nonprofit applicants, Congress is plunging into the thicket of tax rules governing those entities. Hearings continue next week.
Campaign-finance watchdogs such as the Sunlight Foundation, Democracy 21, Common Cause and the Campaign Legal Center are imploring lawmakers to look broadly at whether politically active nonprofits are misuing their tax-exempt status. A Bloomberg story today highlights two groups — one Democratic and one Republican — that appear to be gaming the system by buying campaign-style ads and doing most of their work in election years.
There’s yet another way social welfare nonprofits participate in politics: They move dark money, Cayman Islands style. Sometimes a nonprofit gives money to a political committee that can more freely spend on politics, in effect keeping the real donors hidden. Bill Allison, editorial director of the Washington-based Sunlight Foundation, has called that phenomenon a “campaign-finance haven.”
Those tactics can bump up against stricter state campaign-finance laws, as was the case in California with the Americans for Responsible Leadership.
Two days before the November 2012 election, a California Supreme Court judge ordered the nonprofit based in Phoenix to reveal who gave it the $11 million that it in turn contributed to a business group opposing Brown’s California tax initiative.
Americans for Responsible Leadership reported that it received its money from the Center to Protect Patient Rights — another nonprofit with secret donors.
An October 2012 Bloomberg News investigation of the Center to Protect Patient Rights, also based in Phoenix, revealed that it raised $62 million for the 2010 elections and parceled out most of its money to other nonprofits.
The center’s donors remain a secret.
PHOTO: Greg Jognston
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