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The Sun Journal’s editorial board was incorrect in asserting in the June 13 editorial that nonprofit organizations, exempt from taxes under the IRS code 501(c)(3), are forbidden from taking an outright position in a political campaign. The editorial was correct in stating that nonprofits are subject to a host of limitations and prohibitions in this area, but by failing to do due diligence, perpetuated a myth that has a chilling effect on free speech rights of nonprofit organizations.

Our democracy functions best when our representatives in government hear from the people. Individuals and corporations — nonprofit and for-profit — in our country have the right to speak and be heard, for or against policies that will affect them. Because nonprofit organizations are rooted in communities, can organize disenfranchised individuals, and see and understand problems firsthand, they have been given the legal right, and we believe, the moral obligation, to advocate for public policy that best serves those they serve.

For the past 54 years, what nonprofit organizations are prohibited from doing is endorsing candidates for public office. This prohibition does not extend to ballot initiatives because ballot initiatives create law. That is to say, nonprofits that wish to encourage voters to vote for or against a ballot initiative are conducting lobbying on legislation. This activity is not equivalent to endorsing or opposing a candidate for public office; therefore, nonprofits are permitted, within easy-to-understand limits, to fully participate in ballot initiative campaigns.

By not understanding the law and the critical role of the nonprofit voice in our democracy, the Sun Journal editorial board has sent the wrong message to hundreds of small, nonprofit organizations that could be legally participating in the political process, benefiting us all. We encourage nonprofits to get the facts and not be afraid to advocate for the well-being of their communities.

Brenda Peluso, director of public policy

Maine Association of Nonprofits, Portland

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