Illegal Mail Allegations Jeopardize Environmentalists’ Tax Standing

By fitsnews • on October 22, 2008
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The Conservation Voters of South Carolina (CVSC) are in hot water today after the Internal Revenue Service was forwarded documentation of political activities that could jeopardize its privilege to send mail at reduced, non-profit postage rates and more importantly, to raise charitable, tax deductible contributions.

Both would be crippling blows to the 501(c)3 organization’s ability to raise money and get its message out, although if postal officials rescind their non-profit mail rate and the IRS yanks the group’s 501(c)3 status, the CVSC will have no one to blame but itself.

In what could end up being one of the most egregious violations of postal code and IRS regulations we’ve seen in any political campaign, the CVSC send out a mail piece last week attacking Republican State Rep. Mick Mulvaney and endorsing Democrat Mandy Powers-Norrell in a hotly-contested State Senate race in Lancaster and York Counties.

You can view the content of the mail piece by clicking the images below …

Obviously, the piece is intended to influence the outcome of the Nov. 4 election between these two candidates (see the word “vote,” for example), and while we’ll ignore the clumsy “tree hugger” picture and some unsubstantiated claims the piece makes about the candidates, there’s really only one part of this mailing that the USPS and the IRS will be interested in.

Take a look …

Yup, that’s a non-profit stamp on a political mailing, which is expressly prohibited by federal law, even if a political action committee sent the mailing as the CVSC disclaimer notes.

“It’s absolutely illegal,” said one legal expert we spoke with. “In fact it’s blatantly illegal. I suspect they’ll get their 501 status yanked for awhile. They’ll also be lucky if the Post Office lets ‘em buy stamps at any rate for awhile.”

Potentially even more devastating for the organization would be if the CVSC has improperly structured its organizational umbrella, putting a political action committee under a non-profit.

How come? Well, federal law also expressly prohibits 501(c)3 organizations like the Conservation Voters of South Carolina from establishing political action committees, which it certainly appears they have done not only in this instance, but in dozens of previous campaigns.

Incidentally, the CVSC has already come under fire for alleged illegal activity after reports surfaced earlier this year that its director, Ann Timberlake, was trading her group’s endorsement in exchange for votes.

To our knowledge those allegations were never prosecuted, however, and the State Senator rumored to have cut the corrupt bargain with Timberlake was defeated this summer in a GOP primary election – in spite of the endorsement from Timberlake’s group.

Comments

By Good for the Goose on October 22nd, 2008 at 1:49 pm

CVSC endorses candidates all over the country.

Un-cited legal opinions=pretty persuasive!

The “vote trading” that was never proved? again, way to go gumshoe. And I bet that defeated Senator was beat by your boy, Tom Davis, go figure. I know people down there who won’t vote for him because he is so closely aligned with you.

Keep up the good work Mr. Thompkins, er uh, I mean Folks.

By Adam Creswell on October 22nd, 2008 at 2:20 pm

Wow, that’s the first time I’ve ever seen an actual “tree hugger” picture… that poor child.

By Green Bean on October 22nd, 2008 at 2:35 pm

Better watch out Will. Looks like you got the tree huggers riled up over this one.

By Captain Planet on October 22nd, 2008 at 2:41 pm

Global Warming Guy (www.globalwarmingguy.com) was snorting too much coal when he approved that mail piece.

By Will Childers on October 22nd, 2008 at 2:45 pm

Wonder how many trees were cut down to send this illegal piece of mail on NON-RECYCLED paper? What a bunch of hypocrites.

By Jerome on October 22nd, 2008 at 2:54 pm

The disclaimer on the mail piece says they are an “organization holding elected leaders accountable …” I’m glad somebody’s now holding the CVSC accountable. They seem to think they can do and say whatever they want.

By Unnamed Commenter on October 22nd, 2008 at 4:43 pm

Ditto on citing an unnamed legal expert – what a joke! You call this a “news” site?

By Another Unnamed Commenter on October 22nd, 2008 at 5:01 pm

The “Global Warming Guy” also cites coal as a foreign fuel source… I know some people think West Virginia is a little off kilter, but it’s not foreign.

By Will Folks-Tax Lawyer, Governor, Jackass on October 22nd, 2008 at 5:30 pm

Will, your army of lawyers that you frequently cite will soon be busy. There is a difference between c3 and c4 organizations and what they can do. Get the process server to explain it to you.

By jed on October 23rd, 2008 at 3:38 am

The US imported over 37 million tons of coal last year and will likely import more this year. Global Warming Guy should probably stick to his day job, which incidentally is with the Coastal Conservation League (CCL), not CVSC. Interestingly, CCL is probably a 501(c)3 and if they had sent this mailing then your story would be right on, but they didn’t, CVSC did and I believe they’re a 501(c)4 and therefore allowed to send such mailings. Both are non-profits as most of us are these days.

By Real Deal on October 23rd, 2008 at 9:41 am

All of you CVSC defenders have it wrong. The disclaimer on the mail says it was sent by their PAC – which is different from either a 501c4 or 501c3. And while it’s perfectly legal to send out negative attack pieces like the one in question from a PAC, you can’t pay for it at the reduced non-profit rate – which is what they did with the stamp they used. That’s reserved solely for 501c3 organizations. That’s a postal violation and an IRS violation, which could mean big trouble for Ms. Timberlake. And like it or not it reflects badly on Mandy Powers Norrell, because she’s being supported by an organization that broke the law.

By Lee on October 23rd, 2008 at 10:23 am

Damn Real Deal – way to lay it out!

By Colleen on October 23rd, 2008 at 3:20 pm

Funny how the author neglects to mention that Mulvaney paid Will Folk’s consulting company, Viewpolitik, $750 for consulting in August (reported in ethics filings).

By fitsnews on October 23rd, 2008 at 5:25 pm

Colleen-

$750 doesn’t buy you sh*t around here … get real.

-FITSNews

By Scott on October 23rd, 2008 at 7:02 pm

OOH – $750….let’s see….that usually gets you about 30 minutes – with coffee thrown in – at Starbuck’s from a political consultant.

As for Real Deal, you’re right on the money.

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