How are political organizations setup?

[Joe Link]

I'm curious to know how organizations such as Oregon Firearm Federation and other political organizations are setup legally. Do they actually have any legal standing or are they just formed like a "group" or "club"? How are they able to donate to political campaigns? I've been researching non-profit organizations here but I see this clause in the Oregon application:

"No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attemptin to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office."

Can anyone offer me any insight? If I do form an organization it will be for the purpose of bringing people together who share a common interest to influence policy.

 

[Barbara]

It depends on what your goal is and to a certain extent on your state laws.

The non-profit status of a group is based on guidelines set up by the NRA. How various clubs are set up is up to the people who run them.

Just in very general: A 401(c)3 is for educational purposes only. They have more leeway as far as fundraising in some states (here, they can do raffles but other non-profits can't) but they cannot do anything related to lobbying. 401(c)4 organizations are non-profits but are considered social benefit organizations..they can do a limited lobbying but can't work on campaigns, etc. There are several other designations, (c)5, etc. The best way to decide the proper structure is to review the IRS guidelines, but also to discuss it with an attorney.

As far as I know, there is no regal requirement to do any of that. In Michigan, we have at least one firearms "rights" group that is for-profit, and I know a lot of groups like SASS are also operated as for-profit.

 

[ChestyP]

Most create

a not-for-profit corporation within the state, or in the state where they are headquartered. Filing fees are typically small ($10-100) for non-profits, and are subject to state corporate law. You must have elected officials, file article of incoprporation and be governed by by-laws or a similar document.

IRS status is a separate issue. Section 501(C) of the IRS code lays out what the categories are and what the restrictions on political activities cover each category. For example, 501(C)(3)s are generally prohibited from any overt political activity, although they may engage on educational activities. 501(C)(4) may lobby on specific issues related to the purpose of the organization, but may not endorse or support or oppose candidates.

If you get into the fund-raising business to pursue political activity, it gets more complicated. At that point (if not sooner) you should engage the services of an attorney familiar with corporate law with that state. If you're lucky, you'll have an attorney on your board or find one committed to the issue and willing to provide pro bono services or services for limited compensation.

 

[Linda]

Joey, I am a leader with a politcal action committee in Ohio. Ours is registered thru the Ohio Secretary of State. We can work on campaigns, contribute financially to their campaigns, we can endorse candidates, etc. There's a lot of stipulations such as any of our donors have to send personal checks, no business checks, we have to do quarterly reports to the the SoS, and account for all money in and out. Log on to our website posted at the bottom here and take a look around to get a grasp of what we do. Our focus is gun rights....period!

And as Chesty said, make sure you have an attorney as part of your leadership if you're doing political stuff. We could not function without our guy Ken!!!

 

[geekWithA.45]

Been there, done that.

People who wish to band together to advocate for a common cause sooner or later will want to spend some money for that common cause. You might, for example, want to print something. Or rent a hall. Or mail something. Or pay ISP fees.

That's unavoidable.

In order to do that, you need some mechanism for accepting contributions, and that means a bank account.


In order to topen a bank account, you need to be a natural person, say, "Fred Smith", or you need a corporate vehicle.

Because people's well founded fears of snake oil salesmen will prevent them from writing checks to Fred Smith, no matter how honest a guy Fred is, that means that the "Fred Smith" route is out.


So, that means you have to go the corporate route. Corporations are, in the eyes of the law, an artificial entity, creations of the state. It used to take an act of congress to create them, but they've opened that up quite a bit.

Being creations of the state, they are, of course, subject to all sorts of regulations, ad nauseum. The previous posts only ~hint~ at the layers of hell that await you.



As a certain THR personality would say, "Where does it say all THAT in the first amendment?"

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

To peacably assemble means much, much more than "mill around the town square in a nonthreatening manner".

The freedom to assemble is actually one of the more powerful rights available to us.

Our nation was created by The People, Assembled.

Our constitution was written by The People, Assembled.

Our political parties, for better or worse, are creatures of The People, Assembled.

And so, on, and so forth.

Something stinks, in the state of Denmark.