Ind + Coord
Decisions on this side of the firewall are made in cooperation, consultation or concert with, or at the request or suggestion of, a candidate, a candidate’s authorized committee, or their agents, or a political party committee or its agent
What is the coordinated side?
Donations made to this type of organization are tax deductible.
What is a C3 charitable organization?
Planned Parenthood 501(c)(4)s are Planned Parenthood’s electoral arm? (T/F)
What is false? The primary purpose of Planned Parenthood 501(c)(4) organizations is to promote social welfare through advocacy, lobbying and education work. While we do some electoral work, it is much more accurate to describe your c4 as "the advocacy and political arm of" your c3.
This incendiary boundary prohibits Coordinated Staff from participating in independent expenditures of the organization and Independent Staff from participating in coordinated activities of the organization. It also requires that both independent and coordinated staff follow a set of rules.
What is a firewall?
As long as I don’t name any candidates, my affiliate can do Get-Out-The-Vote work that specifically encourages people to vote pro-choice or because women's health matters.
What is False? C3s can NOT direct people how to vote in candidate elections. That means your affiliate can't tell people to vote for or against any specific candidate or party, or even to vote with the purpose of promoting any particular issue or interest in mind.
You are on the independent side of the firewall. You learn through a public news source that an Action Fund endorsed federal candidate will be canvassing with her volunteers next weekend. You call your volunteers to let them know where and when the canvass will start, and tell them to wear their “I Vote Planned Parenthood Action” t-shirts. Is this activity coordinated?
What is no, it is independent? If you learned about the canvass from a public source rather than the campaign, and made the decision to send volunteers without notifying or asking the campaign, it’s not coordinated. Instead, the calls to the volunteers expressing support for the candidate are likely reportable as an independent expenditure, so be sure to have your reporting system in place.
This type of organization allows unlimited lobbying.
What is a C4 social welfare organization?
Firewall policies will remain in effect until this time?
What happens when I receive notification from counsel? As we all know too well, sometimes elections can drag on because of recounts, runoffs, or other related issues. This means that there are some circumstances where a firewall may be necessary to conduct certain activities after the polls close on Election Day. So, always wait for specific instructions about the firewall. (Note: The policy also applies during business hours, off hours, inside and outside of the office and to all forms of communication. Always consult with local counsel for any questions and to ensure compliance.)
My job is to create programs and content -- I don't have any responsibility when it comes to branding, budgeting, or legal compliance. (T/F)
What is false? All of us have a responsibility for helping our organizations stay on the right side of the law so they can continue to protect patients and reproductive health in the long run. Discuss the source of funding with your finance team before you start a project, remember to make sure that branding, logos, and references about a project refer to the correct entity and remember to track your time as directed by your finance and compliance team, as applicable.
It’s OK for your c3to talk about the “Planned Parenthood endorsed” candidate in a race.
What is false?
We hope you caught both issues here: 1) "Planned Parenthood" doesn't endorse candidates. When talking about endorsements or support for candidates, the specific name of the 501(c)(4) organization making the endorsement should be used. 2) There is no 501(c)(3)-appropriate reason to talk about which candidates the 501(c)(4) has endorsed in an upcoming race; it will seem as if your c3 is taking sides in the election, which it cannot do.
This type of staff may not have discussions or communications with candidates about organization plans, or possible plans for independent expenditures.
What is coordinated staff?
This type of organization cannot interfere with elections.
What is a C3 charitable organization?
You got an email from a friend at a campaign who says the candidate “really wants PP to hit her opponent hard on his stance on women’s issues.” You forwarded the email to your colleagues (including coordinated, IE, and neutral staff). Is this okay?
What is no, it is not okay? This email contains coordinated information, namely suggestions from the candidate/campaign. It must stay on the coordinated side of the firewall--the IE team should never see this email. Be sure that any internal communication channels (like email distribution lists, standing meetings, etc.) you use to share electoral plans comply with the firewall policy you have in place. If the firewall was breached by sharing this coordinated information with the IE team, it could spark a complaint– even if the IE team ignored the email and didn’t act on the suggestion. If you make or spot a mistake that might be a firewall breach, stop and immediately consult counsel.
Planned Parenthood Advocates of Gotham (a C4) can spend its entire budget on elections? (T/F)
What is false?
Like other 501(c)(4)s, Planned Parenthood Advocates of Gotham is a social welfare organization. Under the federal tax code, c4s should not dedicate more than half of their budget for electoral activities. (To be on the safe side, 40% is the industry standard)
It’s ok for your c3 to send an email saying “Senator X, we are watching and we will remember in November.”
What is False? “We will remember in November" will be interpreted as an electoral threat, as if your c3 will be doing work to oust Senator X in the election if he votes the wrong way. As you know, c3s cannot intervene in elections.
This type of staff may not attend candidate sponsored events, or your organization's coordinated events without prior discussion with and approval from counsel.
What is independent staff?
This type of organization can engage in electoral activity, but electoral activities cannot be its primary purpose.
What is a C4 social welfare organization? Federal tax law allows a c4 to engage in limited electoral activity (Roughly 60% social welfare, 40% electoral is suggested) Always consult with local counsel before engaging in election or ballot work, though- campaign finance rules also dictate what a c4 can and can’t do.
You are on the IE side of the firewall and have been asked to create a mailer for Planned Parenthood Votes that highlights the accomplishments of several candidates in key US House races. You can’t find a photo of one of the candidates in your files, so you ask someone from the coordinated side to send you a photo. The coordinated staffer doesn’t have one, so they ask the campaign to send their favorite. The coordinated staffer receives a photo from the campaign, then forwards it to you with a note saying that the campaign would like you to use this photo for your mailer. You oblige. Is this ok?
What is NO?
It's a breach of the firewall policy. In fact, two breaches.
First, as an IE staffer you should not have asked someone on the coordinated side for input. By doing so, coordinated staff participated in the creation, production, or distribution of an independent expenditure- a violation of the firewall policy, Next, you also breached the firewall by acting at the request or suggestion of the campaign when you used the hand-picked photo.
Tip: To avoid this scenario to begin with, we recommend having local staff on the IE side take pictures of candidates at public events early in the cycle. Save these to file and you can avoid firewall problems, AND save yourself from last-minute republication and intellectual property issues that may crop up as the cycle progresses.
Which of the following statements is legally problematic?
A. “The same people who look to us for health care are looking to us for advice on candidates.”
B. On c4 social media page: “Our health centers are open 9-5, M-S.”
C. In a c4 electoral ad: “We see patients every day.”
D. All of the above.
What is D, all of the above? All of these statements have a similar problem - "we" or "our" refers back to a c3 entity, while the actual speaker is the c4. Remember that your c4 does not operate health centers - only your c3 does - which means that your c4 does not have patients. Also, remember that c3’s cannot intervene in elections. Because c3’s cannot intervene in elections, never imply that the c3’s have anything to do with elections.
Your c3 can run a voter registration drive targeted only at Planned Parenthood supporters.
What is False? C3s can encourage people to vote as long as the work isn't tailored to influence the outcome of the election. That means that voter registration drives must be targeted to the general public at large, or to traditionally disenfranchised voters, such as low-income people and people of color. Planned Parenthood c3s can NOT target people who are more likely to vote in support of Planned Parenthood issues.
You create a series of mailers criticizing a candidate for U.S. Senate and encouraging people to vote against him. To make the mailers, you ask the opposing campaign for some materials, pictures, and statements that you can use in the attack mail. This activity is:
What is coordinated with a candidate? You’re not coordinating with the candidate you’re attacking in the mailers, but the mail is still coordinated. Coordination is any work done at the request, suggestion, or assent of any candidate, party, or their agents, or any material involvement of any candidate or political party--even if that candidate or party is not featured in the end product. Be sure to check with the national Political Team in advance of any federal coordinated work.
I'm putting together an issue paper on the importance of birth control and how access has been under attack. It's okay to include quotes about birth control from all candidates who are running for governor in that larger piece, if the issue paper is branded Planned Parenthood Advocates of Gotham, paid for with hard dollars, and counted as electoral work? (T/F)
What is True? Sticking a c4 Planned Parenthood Advocates of Gotham logo on an issue paper that includes candidates' positions on that issue is a good first step, but don't stop there. At least a portion of the cost (staff time + external costs like design and printing) will count as electoral work and must be paid for by hard c4 dollars. Work with your supervisor and your Finance team on funding, allocation and ratio issues. And remember: When electoral content is included in a piece, a c3 CANNOT put their name on it, even if the c4 paid for the inclusion of the electoral content.
You want to hire a new organizer that will help recruit volunteers to knock on doors and make phone calls. You ask your on-the-ground contacts if they know of anyone that may be interested, and they suggest a very dedicated and capable person that is currently in charge of organizing a congressional campaign’s volunteer phone banking program. Since this person knows the area and the candidate you have been asked to support, you decide to hire them. They started managing your independent-side phone banking program in the same area a few days ago. Is this a breach of the firewall policy?
What is yes? This is a breach of the firewall policy. A communication or activity is presumed coordinated if a person that was formerly associated with a campaign - meaning that they provided substantial input to the campaign - assists with electoral work within 120 days of the end of their association with the campaign. This 120 day window is often referred to as the “cooling off period.” Former staff or “super volunteers” may, however, be hired to work in other areas or races, but consult counsel before proceeding.
I can do all the electoral activity I want out of my C4 as long as I don't go over the 60/40 ratio? (T/F)
What is false? First, the IRS tells us that a 501(c)(4) can only spend a portion of its program budget on elections. But, remember that campaign finance law adds another layer of regulation if you for or against candidates. In fact, federal law does not allow 501(c)(4) organizations to contribute to candidates, and rules make it a bad idea to do IE work out of your c4. That's why you must always check with local counsel to ensure you understand all applicable laws and regulations.
According to IRS rules, your c3 can encourage the public at large to vote in the upcoming election and remind them that the election will decide a host of important issues, including education, equal pay, women's health, and the environment.
What is True? Your c3 can include women's health in a list of reasons why a person should feel motivated to vote, as long as there are at least 3 or 4 reasons listed and they are neutrally worded so as not to suggest any preference for any position related to those issues. For example, DON'T say "This election will decide a host of important issues, including education, equal pay, the environment, and a women's fundamental right to make her own decisions about her body." Also, c3 can voter registration drives must be targeted to the general public at large, or to traditionally disenfranchised voters, such as low-income people and people of color, to remain compliant with federal tax law. Be sure to check with local counsel about state voter registration rules, however.