Ind + Coord
Decisions here 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 coordinated?
Donations made to this type of organization are tax deductible.
What is a C3 charitable organization?
Planned Parenthood 501(c)(4)s are our 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 and 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, PPFA can do Get-Out-The-Vote work that specifically encourages people to vote pro-choice or because women's health matters.
What is False?
PPFA can NOT direct people how to vote in candidate elections. That means PPFA 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 learn through a public news source that your c4's endorsed federal candidate will be canvassing with her volunteers next weekend. You call your c4 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. This activity is:
What 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 is policies shall remain in effect until the polls close on Election Day 2022, or until otherwise instructed. 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 and/or OGC 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 finances. (T/F)
False. All of us have a responsibility for helping our organizations stay on the right side of the law so they can continue to remain protecting our patients and reproductive health in the long run. Discuss the source of funding, contracts, and expenses with the Finance team, and remember to fill out your effort reports, as applicable.
It’s OK for PPFA to 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 any candidates. When talking about endorsements or support for candidates, the specific name of the 501(c)(4) organization making the endorsement/doing the work 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 PPFA is taking sides in the election, which it cannot do.
What is coordinated staff?
Absolutely no electoral activity is allowed for this type of organization.
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 or may compromise your affirmative defense in case of 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 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, we advise that Planned Parenthood c4s dedicate at least 60% of their program budgets to social welfare activities -- like lobbying, advocacy and education -- and no more than 40% of their program budgets to work focused on influencing the outcome of elections. Moreover, some of Planned Parenthood Advocates of Gotham's funds may carry restrictions from the donor, including prohibitions on lobbying or electoral use.
It’s ok for PPFA 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 PPFA will be doing work to oust Senator X in the election if he votes the wrong way. As you know, PPFA cannot intervene in elections.
This type of staff may not attend candidate sponsored events, or organization's coordinated events without prior discussion with and approval from OGC and/or local counsel.
What is independent staff?
This type of organization allows for limited electoral activity. Bonus points if you can name the split.
A C4 social welfare organization allows for limited electoral activity (60/40) subject to campaign finance law. Always consult with local counsel before engaging in election or ballot work.
You learn through a public news source that your c4's endorsed candidate will be canvassing with her volunteers next weekend. You also learn from your friend at the campaign that the campaign organizers are having trouble filling specific shifts. You call your c4 volunteers to recruit them to those shifts, and tell them to wear their “I Vote Planned Parenthood Action” t-shirts. This activity is:
What is coordinated? Using the non-public information from the campaign to focus your volunteer recruitment efforts makes this a coordinated activity, even if you originally learned about the canvass from a public source rather than the campaign. Be sure to check with the national Political Team in advance of any federal coordinated work.
Which of the following statements is legally problematic?
“The same people who look to us for health care are looking to us for advice on candidates.”
On c4 social media page: “Our health centers are open 9-5, M-S.”
In a c4 electoral ad: “We see patients every day.”
All of the above.
What is all of these statements? All of these statements have a similar problem - the "we" or "our" refers back to a c3 entity, while the actual speaker is the c4.
PPFA can run a voter registration drive targeted only at Planned Parenthood supporters.
What is False?
PPFA 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. PPFA can NOT target its election work to people who are most 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? 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.
This type of organization keeps its donors confidential.
What are both C3 and C4 organizations keep donors confidential? It is best to consult counsel before engaging in work as donors are subject to campaign finance law.
You write a set of phone scripts for an electoral phone bank. You’ve pulled all of the talking points about the candidates mentioned in the scripts from your c4 website or other existing, publicly launched materials. What is the next step for this activity? Ready for C4 electoral volunteers? Or ready for legal review?
What is ready for legal/compliance review? All materials that talk about candidates or are coordinated with candidates should be reviewed by counsel or compliance staff before they go public, to help ensure that your materials are compliant with laws and regulations in multiple areas:
--Tax (whoops! I named my c3 when I meant my c4!)
--Campaign finance (is this the right disclaimer? Can I talk about the presidential and gubernatorial candidates? Do we have to report this?)
--Telecommunications (can this be a robocall? Can I call cell phones?)
--Intellectual property (can I use this news clip? How about this photo of an unknown PP supporter?)
And more, depending on what a given project entails.
I can do all the electoral activity I want in my state as long as I don't go over the 60/40 ratio? (T/F)
False - The IRS tells us that a 501(c)(4) can spend a portion of its program budget on elections, but campaign finance law adds another layer of regulation when the work you do includes advocacy for or against candidates. In fact, some states require the use of a PAC to do electoral work, and don't allow 501(c)(4) organizations to do any electoral work at all. That's why you must always check with local counsel to ensure you understand all applicable laws and regulations.
PPFA can encourage people 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?
PPFA 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."