Next year will mark the 70th anniversary of the so-called Johnson Amendment, the provision in section 501(c)(3) that prohibits tax-exempt organizations from endorsing or opposing candidates for office. We really don’t know much about the purpose or motivation of the provision: it was introduced by the-Senator Johnson and approved, without debate, by voice vote, so there’s no legislative history explaining its purpose.
The substance of the prohibition is pretty clear, though: to qualify for tax exemption, an organization must do a handful of things and refrain from doing a handful of others. Under the Johnson Amendment, a tax-exempt organization cannot “participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.”
And that’s it: a blanket prohibition on endorsing or opposing candidates. And what are the consequences for an organization that violates the prohibition?
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