Monday, October 25, 2004

New Mexico's governor playing the PAC game

Perhaps Tom DeLay will have some company in the ethics investigation room.

New Mexico Governor Bill Richardson, chairman of this year's Democratic National Convention, has been operating a virtually invisible network of nonprofit organizations engaged in get-out-the-vote operations in Hispanic and American Indian communities in five battleground states.

...Richardson, the nation's only Hispanic governor, has another goal for his politicking, as articulated during the 2003 conference of the National Association of Latino Elected and Appointed Officials: "The objective," he told reporters, "is going to be to win back the White House and to increase our numbers in the Senate," according to the Albuquerque Journal.

At issue is whether the activities of the foundation are philanthropic or partisan in nature. As the Internal Revenue Code states, all section 501(c)(3) organizations are "absolutely prohibited" from engaging in partisan election activities. "It's a fascinating area where sorting out relationships with politicians calls for some careful thought," says Professor Hill, "because you don't want them [charities] to be conduits around campaign finance law."

Hill told the Center that having charities actively involved in conducting voter registration and education drives is good government activity, but picking states for their electoral impact may raise questions. "Politicians, like everyone else, can create and organize and found 501(c)(3) organizations, provided that they're for 501(c)(3) purposes," she said. "The problem is when they redesign them into political campaign vehicles."
  Center for Public Integrity article

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