[EL] Unusual Ad in Utah's Major Paper

Mon Nov 7 07:26:51 PST 2016

The post was from Rick Pildes.

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From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Edward Still
Sent: Monday, November 7, 2016 6:46 AM
To: David A. Holtzman <David at holtzmanlaw.com>
Cc: Election Law <law-election at uci.edu>
Subject: Re: [EL] Unusual Ad in Utah's Major Paper

My comment was about Rick Hasen's post in his daily feed from his blog. See
Unusual Ad in Utah’s Major Paper<http://electionlawblog.org/?p=88864>
The ad includes "We can indeed bend the ark of history!"

Sorry to have been obscure. 

Edward Still
Edward Still Law Firm LLC
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Birmingham AL 35209
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still at votelaw.com<mailto:still at votelaw.com>
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Twitter: @edwardstill

On Mon, Nov 7, 2016 at 1:49 AM, David A. Holtzman <David at holtzmanlaw.com<mailto:David at holtzmanlaw.com>> wrote:
Thanks, Barnaby.
That makes sense.
I just wish initiative proponents could get legislative leaders' standing in federal courts.
Hollingsworth v. Perry put the kibosh on that.
  - dah

On 11/6/2016 10:07 PM, BZall at aol.com<mailto:BZall at aol.com> wrote:
Yes it does. The IRS considers ballot initiatives to be lobbying, which even a c3/church can engage in to some degree (the degree depending on whether it chooses the mechanical/501(h) test or the older "substantial part" test). Jerry Walsh-Skelly, then at Treasury when the 501(h) regs were being drafted, and I agreed that in a ballot initiative the voters are "legislators," so the lobbying test (to be precise, the "direct lobbying test for communications directly to legislators) was more appropriate. See Treas. Regs. 56.4911-2(b)(1)(iii). And the deductibility question is more detailed and complex, and probably beyond the boundaries of this list.

Barnaby Zall
Law Office of Barnaby Zall
685 Spring St. #314
Friday Harbor WA 98250
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bzall at aol.com<mailto:bzall at aol.com>

In a message dated 11/6/2016 9:31:56 P.M. Pacific Standard Time, David at HoltzmanLaw.com<mailto:David at HoltzmanLaw.com> writes:

So.  In California, "Bend the Arc: A Jewish Partnership for Justice" may have gotten the spelling of Ark wrong, but offers a guide to the statewide ballot propositions:
http://www.bendthearc.us/sites/default/files/bend-the-arc-2016-voter-guide.pdf

which reminds me:
Bend the Arc has a PAC and a 501(c)(4) piece,

but I don't know of any temple/synagogue that has those.
I saw this picture on Facebook recently
(since I doubt it will display to the group, I'll tell you that
it shows [L.A. Mayor] Eric Garcetti and temple members at a Metro station holding signs that
read in relevant part, "Leo Baeck Temple ... Measure M ... VOTE YES"):
[cid:image001.jpg at 01D238C8.4D758DD0]
I wondered if this is a no-no of any sort for a temple.  (It says on its website
"LBT is a non-profit organization and your gift is tax deductible to the extent permitted by law.")
I also wondered if the federal government treats state ballot measures differently than state candidate elections for tax law purposes.
Forgive me if I've asked about that before.
  - dah

On 11/6/2016 4:55 PM, Edward Still wrote:
May the "ark" of history be ever in your favor.

Edward Still
Edward Still Law Firm LLC
429 Green Springs Hwy, STE 161-304
Birmingham AL 35209
205-320-2882<tel:205-320-2882>
still at votelaw.com<mailto:still at votelaw.com>
www.linkedin.com/in/edwardstill<http://www.linkedin.com/in/edwardstill>
Twitter: @edwardstill

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