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Election Law @ Moritz


Information & Analysis

Assessing Sandy's Impact

[To go immediately to the running colloquy about the impact on the election of Hurricane Sandy, click here.]
 
As Hurricane Sandy was bearing down on the Eastern Seaboard, a number of us at Election Law @ Moritz, and many of our friends and associates in the larger election administration community, began thinking about the hurricane's potential impact on this year's election. After EL@M published an initial post concerning the most relevant background law, EL@M's  Ned Foley and The Bipartisan Policy Center's John Fortier decided to undertake a running electronic colloquy concerning issues that the storm raised. This colloquy, which has now also included Joshua Douglas of the University of Kentucky and EL@M's David Stebenne, can be accessed here.
 
It is also worth noting that the underlying issues concerning the impact of natural disasters and other emergencies are the subject of two previous EL@M efforts, one in 2004, and a second in 2008. Specifically, in 2004, we collected information about the emergency authority over elections of 25 critical states. Then in 2008, we created an interactive map of that year's battleground states, one of the features of which was the emergency authority that those states had over elections. With the critical caveat that the raw data here has not been updated since their postings in 2008 and 2004, these two collections continue to add value to the discussion. Similarly, this 2004 Congressional Research Service report also is an important previous collection of information about state laws concerning emergency election postponement.

 

Commentary

Donald B. Tobin

FAQ on social welfare organizations

Donald B. Tobin

The Frank E. and Virginia H. Bazler Designated Professor in Business Law and a senior fellow at Election Law @ Moritz explains the nuances of social welfare organizations and federal regulations related to them.

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In the News

Donald B. Tobin

How Did The IRS Get The Job Of Vetting Political Activity?

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

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Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

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