Complaints filed against the Million Mom March (Bell Campaign) with the Federal Election Commission

Formal complaints have been filed against the Million Mom March, "a project of the 501(c)(3) tax exempt Bell Campaign," for alleged campaigning on behalf of candidates for Federal office, and also for attacking a House candidate in its "Time Out Chair" page. Additional electioneering activity allegedly took place at the Mother's Day event in Washington, DC. 501(c)(3) tax exempt organizations are not allowed to electioneer, and corporate donations may not be used to influence Federal elections.

The following material is most of what I sent to the FEC. It is not a judgment, decision, or ruling by the Federal Election Commission or any other agency. However, the Million Mom March recently removed all candidates from its Apple Pie Award page, to leave only Bill Clinton, who is not running for anything (except perhaps for disbarment in his home state, which doesn't count). Complaints were also sent to the Internal Revenue Service because 501(c)(3) tax exempt organizations are not allowed to influence Federal elections.

Original complaint to the FEC
Followup complaint to the FEC, adds House candidates Bobby Rush (D-IL) and Carolyn McCarthy (D-NY) because they gave what can easily be construed as "vote for our side" speeches at a 501(c)(3) sponsored event, and others.
Followup to FEC and IRS, regarding the use of a photo of Tipper Gore at the Million Mom March by Algore2000.org

Original complaint to the Federal Election Commission

From: William A. Levinson
[contact information given]

To:
Federal Election Commission
999 E Street NW
Washington, DC 20463

13 June, 2000 Per our conversation today, I am sending you this notarized complaint about the Million Mom March, which has been adopted by the Bell Campaign. The complaint refers specifically to FEC regulations at http://www.fec.gov/pages/fecfeca.htm#anchor257909, which says corporate contributions cannot be used to "influence Federal elections."

Unless they're retiring from the House, the U.S. Representatives on the Million Mom March's "Apple Pie Award" page are running for reelection this November. The page praises Joe Hoeffel (D-PA), Carolyn McCarthy (D-NY), and Connie Morella, (R-MD). Also, the Million Mom March's "Time Out Chair" page, until recently, condemned House Minority Whip Tom DeLay (R-TX). If these pages serve to "influence a Federal election" under FEC standards, the Million Mom March's acceptance of corporate contributions appear to comprise a violation.

Furthermore, the Million Mom March was, until no earlier than April 28 (I believe it was actually until May 13), representing itself as a 501(c)(3) tax exempt organization. Since 501(c)(3) organizations cannot engage in political activity or endorse candidates, I reported this, with supporting documents, to the Internal Revenue Service, TE/GE Division, Customer Service, P.O. Box 2508, Cincinnati, OH 45201.

[The following statement was notarized]

Today (June 13, 2000), I printed the enclosed "Apple Pie Award" Web page at http://www.millionmommarch.com/html/pies.html, which praises U.S. Representatives.

http://www.millionmommarch.com/html/timeout.html currently condemns NRA figure Wayne LaPierre, who is not a political candidate. I can, however, attest from personal knowledge that the "Time Out Chair" page once condemned House Minority Whip Tom DeLay (R-TX). I also downloaded and saved a copy of that page on April 28; the text body of that page appears below.

I can attest from personal knowledge that I saw StrideRite and Guess listed on the Web page at http://www.millionmommarch.com/html/sponsors.html. This page could not be accessed today. ("The requested URL /html/sponsors.html was not found on this server.")

I can, however, attest that I downloaded the enclosed Web page (http://www.duluthnews.com/dnt/us/artrev8.htm) from Duluthnews.com today (June 13). The article, "Million Mom March gains supporters," is dated April 2, 2000, and it says, "But the Million Mom March appears to have a great headstart in organizing and lining up corporate support, including the likes of Guess, Stride-Rite, Viacom and Northwest Airlines."
The same Web page says, "Send tax-deductible contributions to Million Mom March, P.O. Box 3335, Duluth, MN, 55803. Make checks out to the Duluth YWCA, fiscal agent for the project."

I can attest from personal knowledge that the Million Mom March once represented itself as a 501(c)(3) tax exempt organization. http://www.millionmommarch.com/html/contribution.html said, "We have 501-c(3) status as a nonprofit tax entity and have recently been adopted by The Bell Campaign. Contributions are tax deductible." (The Million Mom March no longer makes this claim.)

The body of the Million Mom March "Time Out Chair" page, as downloaded 4/28/2000 "This House is a Pro-Gun House," said Majority Whip Tom DeLay (R-Texas) recently in Rollcall, throwing water on legislation to close the gun show loophole in the wake of the tragic massacre at Columbine High School.

Responding to Mr. DeLay's remarks that "This House is a Pro-Gun House," Rene King of Kentucky wrote:

Thank you sir, for telling us. We were under the impression that the House of Representatives was a pro-constituents House.

According to the Gallup Polls done in August, 66% of Americans (including 52% of the Republicans) favored common sense gun laws but this doesn't matter according to the very Honorable Mr. Delay, who, by the way has a government paid bodyguard, a luxury our defenseless children do not have. They are a pro-gun House even after Paducah, Columbine, Granada Hills, and Fort Worth. After all the dead children, the children who are scarred inside and out, he says with pride that the United States House of Representatives belongs to the pro-gun lobbyists. This House, claims Mr. Delay, refuses to yield to the whims of the populace.

We owe you a great debt, Mr. Delay, for telling us in another recent article in the New York Times that this House has been bought and paid for by lobbyists. How much is a child's life worth nowadays, Mr. Delay? Was the Representative's salary not enough to garner their loyalty?

Well, you've been honest, so I think we should be honest with you. Issues such as mandatory gun show background checks; safety locks on guns; and the registration of all firearms are important to the parents of this country. In fact, its going to be a deciding issue for 65% of the public.

According to Mr. Delay, it's not up to the people, lobbyists call the shots.

You stand by your guns, Mr. Delay. Come Mothers' Day, we mothers will stand together on the mall of Capitol Hill to remind your PRO-GUN House that on Election Day, the voters will stand by our children.

Sincerely,

R. King

-----------------------

enclosures: http://www.millionmommarch.com/html/pies.html, 3 pages, 6/13/00, 6:39 P.M.

http://www.duluthnews.com/dnt/us/artrev8.htm, 3 pages, 6/13/00, 6:55 P.M.

Followup complaint, based on two articles in the July American Rifleman

From: William A. Levinson
[contact information given]

To: Federal Election Commission
999 E Street NW
Washington, DC 20463
certified mail
Z 070 314 144

cc: (letter only, no enclosures)
Wayne LaPierre
11250 Waples Mill Road
Fairfax, VA 22030-9400
Z 376 860 720

26 July, 2000 This is an addendum to the notarized complaint I filed about the Million Mom March, which has been adopted by the Bell Campaign. The complaint refers specifically to FEC regulations at http://www.fec.gov/pages/fecfeca.htm#anchor257909, which says that corporate contributions cannot be used to "influence Federal elections." The Million Mom March solicited corporate donations, and corporations like Guess and Stride-Rite were among their sponsors. Furthermore, the Million Mom March was a project of the 501(c)(3) tax-exempt Bell Campaign. I don't believe that 501(c)(3) organizations can legally attempt to influence Federal elections.

This addendum alleges that electioneering activities took place at the Million Mom March (a project of the 501(c)(3) tax-exempt Bell Campaign) event on Mother's Day. It also names four potential additional respondents. All of them gave speeches, at a 501(c)(3)-sponsored event, that involved exhortations to turn out and vote for candidates who support gun control. The three politicians support this position themselves.

Eric Yoffie, President of the tax-exempt Union of American Hebrew Congregations
Rep. Bobby Rush (D-IL), House candidate this November unless he's quitting
Rep. Carolyn McCarthy (D-NY), same as above
Lt. Governor Kathleen Townsend (Maryland). I do not know if she and Governor Glendenning have to run for reelection this year.

I am copying Mr. LaPierre of the National Rifle Association in case the NRA has material evidence that supports its allegations in the July American Rifleman that electioneering took place at the Million Mom March event on Mother's Day.

Per your Web page http://www.fec.gov/pages/complain.htm#anchor460355, I should "Differentiate between statements based on the complainant's (the person who files the complaint) personal knowledge and those based on information and belief. Statements not based on personal knowledge should identify the source of the information."

[the following was notarized]

Based on my personal knowledge:

These items involve transcripts of speeches from the Million Mom March event in Washington, DC, on Mother's Day. My opinion is that they include remarks that can easily be construed as urging the audience to vote for candidates who support a specific position. I believe that Mr. Yoffie's remark about "a leader who will take on the fanatics and support sensible gun control" refers to a specific Presidential candidate, as does Ms. Wright's, "We will make sure that the NRA does not have an office in the White House come this November." I can attest that I printed these pages from the Million Mom March's own Web site today (July 26).

http://www.millionmommarch.com/html/march2000/speeches/rabbi_eric_yoffie.html, the transcript of Rabbi Eric Yoffie, President, American Hebrew Congregations. Per http://www.irs.gov/plain/search/eosearch.html, the Union of American Hebrew Congregations comes up as a public charity, and http://uahc.org/yoffie/whyref.html shows Eric H. Yoffie as its President.

"Sure, we may not have the money of the NRA, but we've got savvy, grit and passion, and we're going to find out who's getting NRA funds, and who's benefitting from NRA ads, and we're going to vote for the other guy!"
"The American people, I believe, are ready for a leader who will take on the fanatics and support sensible gun control."

http://www.millionmommarch.com/html/march2000/speeches/elizabeth_wright.html, the transcript of Elizabeth Wright, a member of the Coalition to Stop Gun Violence.

"We will translate the incredible energy and enthusiasm generated by this Million Mom March into power at the voting booth in November. We will organize to elect state and local representatives who will advocate sensible gun control legislation. We will make sure that the NRA does not have an office in the White House come November!"

http://www.millionmommarch.org/html/march2000/speeches/sarah_and_jim.html, the transcript of Sarah and Jim Brady of Handgun Control Incorporated.

"We must either change the minds of these lawmakers, or for God's sake, in November, let's change the lawmakers. Our power is at the ballot box, and your charge today is to take home with you the spirit, the love, the determination so apparent here today, and commit yourselves to making these changes. You must work only to elect those lawmakers who put our children's welfare above the gun lobby. I know you can do it, and together we will win this battle."
"We are going to change America's gun laws because our kids are dying. Let your lawmakers know we expect them to support us, not the gun lobby. If they don't, we will remember this November. If they don't change firearm laws, we will change the lawmakers. And that is why we are here today. Here is the Brady thumbs-up to the Million Mom March!"

http://www.millionmommarch.org/html/march2000/speeches/kathleen_kennedy_townsend.html, the transcript of Lt. Governor Kathleen Kennedy Townsend of Maryland. This one names and praises Presidential candidate Al Gore in conjunction with the November Election.

"It is time for Congress to follow the example of courageous leaders like Governor Parris Glendenning, Vice President Al Gore, and Bill Clinton. Today we march with our feet to Washington. In November we will march with our feet to the polling booth!"
"Now, let me ask you to join me in a chant that will take us to November: We're going to vote! We're going to vote! We're going to vote!"

http://www.millionmommarch.org/html/march2000/speeches/bobby_rush.html, transcript of Rep. Bobby Rush (D-IL).

"I want to thank President Clinton for his outstanding leadership on this issue, and the First Lady, and the Vice President." [Ms. Clinton is, of course, running for Senate (NY)]
"You're here today, and I tell you, tomorrow, after you leave, this Congress won't be the same. In November this Congress won't be the same. In January, this Congress won't be the same, because of you!"

http://www.millionmommarch.org/html/march2000/speeches/carolyn_mccarthy.html, transcript of Rep. Carolyn McCarthy (D-NY).

"Now you are going to go home, and you're going to talk to your legislators, and you're going to vote for those people that stand up for the rights that we believe in -- in making this a safer country for all of us!"
"I thank you for coming here. Now go home, and you make the difference. Get out and vote! And bring ten people with you. Get out and vote! And vote for those that stand with you on your issue, and we will beat the NRA!"

http://www.millionmommarch.org/html/march2000/speeches/reese_witherspoon.html, transcript of Reese Witherspoon

"I want them to go to the polls in November with gun control in mind, and vote for those representatives who are committed to saving this nation from gun violence. It's just that simple."

Statements not based on personal knowledge, identifying the source of the information.

I am enclosing copies of two articles from the July issue of the National Rifle Association's American Rifleman magazine. These articles are, in fact, what prompted this addendum to my original complaint. They allege that electioneering took place at the Mother's Day Million Mom March event, which was a project of the 501(c)(3) tax exempt Bell Campaign.

NRA Executive Vice President Wayne LaPierre writes, "The 'hate NRA' theme was only matched by the demand for political action. '…Get out there and use your vote.' 'Support Al Gore.' 'In November, march with our feet to the polling booth.' 'Take us to November. We're gonna vote!' 'We are going to vote, write checks.'"
Daniel T. McElrath writes, "The march itself turned out to be a thinly disguised Clinton-Gore rally designed to rouse the flagging interest of the 'soccer moms' whose support the Democrats need in November."

[End of notarized statement]

William A. Levinson

P. S.

On a personal note, I sympathize with the personal tragedies that affected the lives of some of these speakers, and I realize that this complaint may seem callous. However, the gun rights side also can cite tragedies that it believes could have been prevented by responsible gun ownership. I do not believe that personal tragedies on either side of the gun control debate excuse the participants from playing by the rules. As I understand them, these rules say that one cannot use tax-deductible or corporate donations to influence Federal elections.

From: William A. Levinson

[contact information given]

To: Internal Revenue Service
TE/GE Division, Customer Service
P.O. Box 2508 Cincinnati, OH 45201
certified mail 7099 3220 0008 7131 7302

cc: Retha Dixon Docket Manager
Federal Election Commission
999 E Street NW
Washington, DC 20463
certified mail 7099 3220 0008 7131 7319

5 August, 2000 Gore2000 Web site uses a photo of Tipper Gore in a Million Mom March (a project of the 501(c)(3) tax exempt Bell Campaign) photo to promote Albert Gore (and Senator Barbara Mikulski).

Federal Election Commission: addendum to MUR 5033

This notarized statement attests that I downloaded the enclosed Web page from http://gore2000.org/womenforgore/index.html on 8/5/2000. The Web page from the Gore 2000 site contained this photo (converted to greyscale here for printing) that shows Tipper Gore in a Million Mom March T-shirt at the Mother's Day event in Washington. At that time, the Million Mom March was a project of the 501(c)(3) tax-exempt Bell Campaign.

[Picture is at http://gore2000.org/womenforgore/index.html]

Caption: "Tipper Gore with Senator Barbara Mikulski and fellow marchers at the Million Mom March in Washington, DC."

[End of notarized statement to the Federal Election Commission]

Internal Revenue Service

I believe that the 501(c)(3) tax exempt Bell Campaign, of which the Million Mom March was a project, and which solicited and accepted corporate donations and tax-deductible donations, is in further violation of IRS regulations per the following. I have highlighted the applicable provisions.

N. ELECTION YEAR ISSUES

by Judith E. Kindell and John F. Reilly

10. May an IRC 501(c)(3) organization invite candidates to speak at its events?

An IRC 501(c)(3) organization may invite a candidate to speak at its events without being considered to have participated or intervened in a political campaign depending upon the facts and circumstances of the invitation. Candidates may be invited to speak at an event of an IRC 501(c)(3) organization either in their capacity as a candidate or in their individual capacity other than as a candidate. The facts and circumstances to be considered are dependent upon the capacity in which the candidate is invited to speak. … [My understanding of the material between these sections: if the person is invited as a candidate, opposing candidates must be invited as well and given an equal forum for their views.] …

When a candidate is invited to speak at an event in a capacity other than as a candidate, it is not necessary for the IRC 501(c)(3) organization to provide equal access to all candidates. However, the IRC 501(c)(3) organization must ensure that the candidate speaks only in the other capacity and not as a candidate, that no mention is made of the individual’s candidacy at the event, and that no campaign activity occurs in connection with the candidate’s attendance at the event. In addition, all communications regarding the candidate’s attendance at the event should clearly indicate the capacity in which the candidate is acting and should not mention the individual’s candidacy. Even if the candidate does not engage in any campaign activity at the event, if the primary purpose for the invitation to the candidate is to provide public exposure for the candidate, the IRC 501(c)(3) organization may be participating or intervening in a political campaign.

The enclosed Web page from http://gore2000.org/womenforgore/index.html, "Women for Gore Making the Winning Difference" shows a photo of Tipper Gore in a Million Mom March T-shirt at the Million Mom March (with Senator Barbara Mikulski). As I see it, Gore2000.org is using the tax-exempt 501(c)(3) Million Mom March as a photo opportunity to promote Albert Gore for President and, if Ms. Mikulski is up for reelection this year, her candidacy as well. Note that a sign in the background says, "vote" or "I vote." Other signs show the presence of the tax-exempt Bell Campaign (www.bellcampaign.org).

http://www.networksolutions.com/cgi-bin/whois/whois?STRING=gore2000.org; the Web site, as of 8/5/2000, is registered to:

Registrant: Gore 2000, Inc. (GORE31-DOM)
2410 Charlotte Avenue
Nashville, TN 37223
US Administrative Contact, Technical Contact, Zone Contact:
Ben, Green (BG7503) ben@MIN.NET
Gore 2000
601 Mainstream Drive
Nashville, TN 37228
615-340-2000 (FAX) 615-340-2000

Regards,
William A. Levinson Enclosed: http://gore2000.org/womenforgore/index.html