Advocacy Question of the Week - March 6, 2009

Question: We are a 501(c)(3) organization and while we are clear that we cannot support or oppose candidates we want to weigh in on the President’s nominee for a deputy secretary in the Treasury Department. Can we do this as a 501(c)(3) organization?

Answer: Yes. Your 501(c)(3) organization can recommend a nominee for deputy secretary.  To the extent that this nomination requires state Senate confirmation and you lobby the Senate to support a particular nominee you will need to count that activity as direct lobbying.  (IRS Notice 88-76).