Frederick Friends Meeting Policy Changes on Use of the Meetinghouse

Over several months in 2017, Frederick Friends Meeting Trustees--Carlotta Joyner, Helen Tasker, Greg Tobin, Gail Whitehead (Clerk)--worked with the Property Committee regarding policies on use of the building. The resulting policy statement, which was presented for a first reading in July 2017 and approved in September 2017, made several changes in the existing policy and the process for requesting use of space.

The most substantive change related to clarification of what groups and individuals can use the building. One statement in the previous policy was retained: “Non-Quaker organizations that wish to schedule use should be ones whose purpose and philosophy is compatible with Quaker testimonies.” A new statement related to use by political parties and candidates: “The building may be used by advocacy groups and for discussions on issues. However, use of the building is not compatible with meetings held in support of any political party or any political candidate.”

To assist in the Meeting’s discernment about this change, Trustees provided background information about their recommendation that the building be made available for groups engaged in advocacy but not partisan activities. Trustees explained that they were prompted to consider this issue because of a request from a community member in March. She had previously used the meeting room for a public discussion of a social and political issue. When she requested to use it again, she said that this event was for the purpose of organizing a local chapter of a state political party, with the hope of identifying and supporting candidates of that party for elected office in Frederick County. The Clerk of Meeting, Clerk of Property Committee, and Calendar Coordinator agreed to deny use for this purpose. They subsequently agreed that additional discernment within the Meeting on this topic would be useful.

Trustees approached the question of use for political candidates and parties from two perspectives, which can be considered independently. One was whether Frederick Friends Meeting wants to support or give the appearance of supporting individual political parties and candidates. The other was whether such support would be a violation of federal law that would put in jeopardy the Meeting’s tax-exempt status as a 501 (c)(3) nonprofit organization. Trustees also affirmed that the Meeting’s resources could be used for issue advocacy, including lobbying, and clarified what those activities would be.

Does Frederick Friends want to support, or appear to support, political parties/candidates? On this point, Trustees were in unity that they recommended the answer be “no.” They felt it was important for people of any political persuasion to feel welcome in worshipping with us, rather than to feel excluded if they support a political party that is not supported by others in the Meeting. For example, Trustees recommended panel discussion or forums that include all candidates, rather than only those of some parties.  The desire to include rather than exclude carried more weight in Trustees’ decision-making process than simple compliance with legal statutes or guidelines.

Would use of the building for partisan political activities violate the Meeting’s tax-exempt status as a 501 (c)(3)? [1]  The IRS guidance about these activities makes clear that the answer is “yes.” We would be in violation of the conditions of our tax-exempt status if we engaged in these activities. From IRS publication FS-2006-17: “Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. [2]

This publication further states that “allowing a candidate to use an organization’s assets or facilities will also violate the prohibition if other candidates are not given an equivalent opportunity.” In other words, when we allow individuals or groups to use our building, we are signaling our support. We could make our building equally available to any political party or candidate as a way to avoid expressing support for certain groups.  We would then need a policy statement that we are equally available to all, so long as they provide a disclaimer that use does not express our support for their positions.  Trustees rejected taking this approach. Because some groups would be more likely to request space use than others, there was a concern that we might then be seen publicly as allied with those groups and not others, in spite of our statement that any group could use the space.

Trustees acknowledged, however, that there is little risk we would be challenged by the IRS if we violated this regulation. It has taken few enforcement actions across the years, and the current Administration has instructed the IRS to “exercise maximum enforcement discretion” regarding this provision. Trustees were in unity that we do not wish to violate these regulations even though we are at little risk of legal action at this time.

What is use of the building for advocacy activities? [3] Although the IRS strictly prohibits using our resources, including the building, for partisan political activities, it does not restrict or limit the amount of resources we, or an organization using our space, can spend on advocating about issues of concern. These advocacy activities might include educating policymakers and the public about broad social issues, encouraging people to register to vote, organizing communities, and educating voters about candidate positions. For example, we would be permitted to conduct certain voter education activities (including the presentation of public forums and the publication of voter education guides) if they are carried out in a non-partisan manner.  Or we could encourage people to register to vote or hold get-out-the-vote drives that are conducted in a non-partisan manner. On the other hand, voter education or registration activities conducted in a biased manner that favors (or opposes) one or more candidates is prohibited. Health Care is a Human Right, which meets in our building, is a 501(c)(3) organization that advocates for universal, publicly-financed healthcare. If they engaged in activities such as these, they would be engaged in advocacy, not partisan political activities.

The IRS does restrict the resources a 501(c)(3) organization can devote to lobbying, which is a specifically-defined form of advocacy that an organization might engage in to achieve its goals. Just having a conversation with a legislator about issues is not automatically lobbying, but asking the legislator to take a position on pending legislation or propose specific legislation would count as lobbying. For example, FCNL Advocacy Teams are generally lobbying when they meet with legislators because they are requesting action related to legislation such as budget bills.

Determining the limitation on lobbying can be complicated. One way of defining the limit is to say that lobbying may not be a “substantial part of an organization’s overall activities.” Although that definition is vague, some advisors might say an organization could have lobbying as no more than 5 percent of its activities. Alternatively, organizations can choose to measure lobbying by using clear dollar-based limits on how much an organization can spend. That might allow up to 20 percent of an organization’s expenditures to be on specifically-defined lobbying activities. Although some individual Frederick Friends are involved in lobbying activities, we do not budget any Meeting financial support for lobbying.

The approved policy. The attached file contains this statement as well as the approved policy. The policy has been published in the minutes of Meetings for Worship with a Concern for Business, posted on a bulletin board at the Meeting, and posted on this website.