H.R. 5175 could prohibit organizations such as the National Grange and local Granges from issue oriented lobbying and sponsoring “Get Out the Vote” programs, which encourage citizens to exercise their rights to vote on Election Day.
Background
On January 21, 2010, the U.S. Supreme Court ruled in Citizens United v. Federal Election Commission that corporations and unions may now advocate for the election or defeat of candidates for federal office, as long as they do not coordinate their efforts with campaigns or political parties. The decision specifies that the First Amendment protects corporations (including incorporated non-profit grassroots civic associations such as the National Grange and its affiliated chapters) as well as unions the same as individuals with regard to the ability to spend money to influence elections. The decision also keeps in place disclosure and disclaimer requirements. These requirements involve reports that have to be filed with the FEC on electioneering communications, and the ads themselves must carry a disclaimer stating who is responsible for the content. However, it leaves in place the prohibition on direct corporate or union contributions to candidates. This Supreme Court’s ruling ensures family farmers and rural small business owners the opportunity to be heard throughout the electoral process.
The broad scope of the language of the DISCLOSE Act would potentially require the same burdensome public disclosure on the National Grange for non-partisan, issue oriented, and civic responsibility oriented political advocacy efforts. The result would, in effect, go far beyond the concerns raised by the expanded First Amendment rights for corporations and unions created by the Supreme Court in the Citizens United case. Instead, the DISCLOSE Act would stifle issue related political advocacy speech by non-profit, grassroots organizations, such as the National Grange, that were not part of the Supreme Court ruling.
By specifically targeting corporations and incorporated associations, H.R. 5175 stands in stark contrast to past campaign-finance legislation, which sought to treat unions and corporations equally. Sponsors of this legislation have set disclosure limits at $600, effectively exempting unions yet including virtually all associations and corporations. The bill also exempts unions from having to disclose transfers of up to $50,000 from affiliated unions, while allowing for no comparable exemption for businesses or associations.
Grange Policy
Since 1867, under its by-laws and constitution, the National Grange and its affiliated local, county, and state Grange chapters are strictly forbidden from endorsing candidates, donating to campaigns, using Grange resources to promote a particular candidate, participating in the partisan activities of individual political parties or otherwise engaging in actives to support or oppose candidates for public office. However, the National Grange and its affiliates are free to engage in issue related lobbying and public policy education efforts as well as sponsor non-partisan, generic Get Out the Vote (GOTV) programs to encourage residents in rural communities where local Granges are located to exercise their rights to vote and to participate in the election process as volunteers on election day.
At the 143rd annual National Grange convention the delegates passed policy opposing all legislation limiting the individual’s ability to lobby and communicate with elected officials either directly or through organizations such as the Grange. Specifically the Grange policy states campaign finance legislation should include no restrictions on the first amendment free speech rights of Grange members to associate freely and mutually advocate for policies and programs that benefit them. Grange policy also supports a prohibition of Political Action Committees (PACs) from making contributions to political campaigns and making it illegal for any candidate, holder of public office, or national party, to accept campaign gifts or contributions from foreign countries and/or citizens of foreign countries—at all levels of government.
The National Grange opposes H.R. 5175 for two primary reasons. First, it threatens the First Amendment rights of small farmers and ranchers, rural small business owners and rural residents across the country who exercise their constitutional free-speech rights through non-profit, grassroots, civic organizations, such as the National Grange. Secondly, narrow, unfair exemptions for a few politically-favored special interest groups, such as union and politically powerful, mostly single interest, membership organizations with more than 500,000 members, were added to the legislation. These loopholes undermine the intent of the Supreme Court’s ruling in Citizens United v. Federal Election Commission, which upheld the right to engage in free speech, particularly political speech regardless of corporate or union association.
Action Needed
Please e-mail your U.S. Representative urging them to oppose H.R. 5175. Please feel free to cut and paste the following sample letter. If you do not know your Representative’s e-mail address, click here to find it.
Sample E-Mail
Dear Representative ___________,
I am writing to urge your opposition to H.R. 5175, the DISCLOSE ACT. The broad scope of the language of the DISCLOSE ACT would potentially require burdensome public disclosure on the non-partisan, issue focused and civic responsibility oriented political advocacy efforts conducted by the National Grange and other grassroots organizations. The result would, in effect, go far beyond addressing the concerns raised by the expanded First Amendment rights for corporations and unions created by the Citizens United v. Federal Election Commission Supreme Court case that allows corporations and unions to advocate for the election or defeat of candidates for federal office, as long as they do not coordinate their efforts with campaigns or political parties. The legislation would instead stifle issue related political advocacy speech on non-profit, grassroots organizations that were not part of the Supreme Court ruling.
I oppose H.R. 5175 for two primary reasons. First, it threatens the First Amendment rights of small farmers and ranchers, rural small business owners and rural residents across the country who exercise their constitutional free-speech rights through civic organizations such as the National Grange. Secondly, narrow, unfair exemptions for a few politically-favored special interest groups such as unions and large, mostly single interest associations with membership greater than 500,000 were added to the legislation. These loopholes undermine the intent of the Supreme Court’s ruling in Citizens United v. Federal Election Commission, which upheld the right to engage in free speech, particularly political speech.
Established and long standing small and medium sized politically active civic and membership associations, like the National Grange, are NOT the sources of large, unrestricted financial resources entering our political system. They are the conduit for legitimate grassroots expressions of concern and support for public policy initiatives at the local, state and national level and as such should not be burdened with new restrictions and burdensome reporting requirements. By specifically targeting corporations and small and medium sized incorporated associations, H.R. 5175 stands in stark contrast to past campaign-finance legislation, which sought to treat all politically active groups equally.
Congressman, please join me in opposition to H.B. 5175. Thank you.
Sincerely,
Your name
Your Grange number |
If you have any questions or comments regarding this Action Alert, please contact Legislative Program Assistant Molly Thompson by e-mail: mthompson@nationalgrange.org; or by phone: 1-888-4GRANGE, ext. 107. Thank you for your grassroots participation in the National Grange Legislative Program. |
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read daily for politically active individuals, and organizations.
Action Alerts are notices alerting members to pending legislative or regulatory
activity affecting family farms, and rural communities. AA's request that members
and non-members take action by contacting their congressional representatives,
or the appropriate government agency. 
