Jonah Patel
Police unions in the US have been known to donate to political campaigns, with the aim of gaining favour with politicians and blocking reforms. This has been a cause for concern, especially in the wake of police violence and the lack of accountability for officers' actions. While the police, as a government body, are prohibited from contributing to political campaigns, police unions have found ways to exert influence and leverage deep political ties. This has resulted in stonewalling key reforms, disseminating misinformation, and perpetuating racist rhetoric and dangerous policing in Black communities. The public disclosure of these donations is seen as a crucial step towards holding elected officials accountable for their actions.
| Characteristics | Values |
|---|---|
| Police unions' donations to political campaigns | Backed local, statewide, and federal campaigns since 2012 |
| Includes more than $30 million in California, $8 million in New York, and nearly $3 million in Texas | |
| Aim to gain favor with politicians and stonewall key reforms | |
| Police unions' political ties | Help block reform, disseminate misinformation and racist rhetoric, and help officers evade accountability |
| Police unions' political actions | Supported violent actions of rioters on Capitol Hill on January 6 |
| Restrictions on political campaign intervention | Section 501(c)(3) organizations are prohibited from directly or indirectly participating in any political campaign |
| Contributions to political campaign funds or public statements of position made on behalf of the organization in favor of or in opposition to any candidate for public office violate the prohibition | |
| Violating the prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes | |
| Restrictions on political activity | Incorporated charitable organizations face additional restrictions on political activity under the Internal Revenue Code |
| Campaigns may not accept or solicit contributions from federal government contractors |
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What You'll Learn
Police union donations to political campaigns
Police unions in the United States have been known to spend millions of dollars to back local, statewide, and federal campaigns and influence policy in some of the biggest US cities. Since 2012, police unions have donated more than $30 million in California, $8 million in New York, and $3 million in Texas. This money is often used to gain favor with politicians and block key reforms, such as a proposed ban on the death penalty in California.
Police union donations have been linked to the perpetuation of dangerous policing in Black communities. For example, in 2018, Sacramento District Attorney Anne Marie Schubert received $13,000 from police associations after two police officers shot and killed Stephon Clark, an unarmed Black man, but the officers involved faced no charges. Similarly, Chicago's Fraternal Order of Police president John Catanzara supported the violent actions of the rioters during the January 6 Capitol Hill riots.
Police unions also leverage their deep political ties to disseminate misinformation and racist rhetoric, help officers evade accountability, and influence policy. For instance, the Los Angeles Police Protective League (LAPPL) has donated to hundreds of state legislators and spent money on those who control the police department's budget. In February, an independent committee that supports city council budget committee chair Paul Krekorian received a $25,000 donation from the LAPPL, and Krekorian later helped advance a budget that included a 7% funding increase for the LAPD.
The true extent of police union spending and its impact remains unknown, as some lobbying records in Illinois and New York are shielded from the public. However, organizations like Color Of Change have been working to hold police unions accountable by issuing petitions calling for the removal of police union leaders who have fueled racism and blocked reform.
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The Federal Election Campaign Act
FECA imposes restrictions on the amounts of monetary or other contributions that can be made to federal candidates and parties, and it mandates the disclosure of contributions and expenditures in campaigns for federal office. The Act also introduced outright bans on certain corporate and union contributions, speech, and expenditures. For example, incorporated charitable organizations are prohibited from making contributions in connection with federal elections, and campaigns may not accept or solicit contributions from federal government contractors.
FECA also sets contribution limits for various types of political committees, such as PACs and Super PACs. PACs are committees that make contributions to other federal political committees, while Super PACs are independent expenditure-only political committees that may accept unlimited contributions, including from corporations and labor organizations. The Act also includes provisions for reporting contributions, such as the requirement that contributions be reported within 10 days of receipt and that electronic contributions be reported with specific information, such as the date of authorization of the transaction.
In addition to regulating campaign contributions and expenditures, FECA also addresses other aspects of the election process. For example, the Act includes provisions for the handling of excessive contributions, with campaigns prohibited from retaining contributions that exceed the limits and required to follow special procedures in such cases. FECA also establishes the Federal Election Commission as the official point of entry for all designations, reports, and statements filed under the Act, making Senate committees subject to electronic filing requirements.
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Political committees and contribution limits
Political committees are an integral part of the campaign process, and understanding contribution limits is crucial for compliance with regulations. Political committees refer to groups that actively raise and spend funds to influence elections and support candidates. These committees can be categorized into several types, each with its own specific rules and limitations.
One type is the authorized committee, which is officially affiliated with a particular candidate. These committees can accept contributions from other authorized committees, with a limit of $2,000 per election. It's important to note that an authorized committee can only be affiliated with another authorized committee of the same candidate. Unauthorized committees, often referred to as "leadership PACs," are not considered affiliated with any authorized committees of the same individual.
Another type of political committee is the independent-expenditure-only political committee, commonly known as a "Super PAC." These committees are notable for their ability to accept unlimited contributions from various sources, including corporations and labor organizations. However, they do not make direct contributions to candidates. Instead, they focus on independent expenditures to influence elections.
State PACs, unregistered local party organizations, and nonfederal campaign committees (nonfederal committees) may contribute to federal candidates under specific conditions. The funds they contribute must come from permissible sources as outlined by the Federal Election Campaign Act (FECA). This act also considers an unincorporated tribal entity as a "person," making them subject to contribution prohibitions and limitations.
Contribution limits vary depending on the type of committee and the election in question. For example, contributions designated for a specific election must be used for that election, while undesignated contributions count against the donor's limit for the next election. Additionally, contributions made before an election but designated for another election are only acceptable if the campaign has net debts outstanding for that specific election on the date of receipt.
The Federal Election Commission (FEC) provides guidelines and updates contribution limits periodically, adjusting them for inflation. It is essential for political committees to stay informed about these limits and adhere to them to maintain compliance with campaign finance regulations.
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Designated and undesignated contributions
In the context of political campaigns, designated and undesignated contributions refer to the way in which contributions are allocated to specific elections. This is an important distinction, as it determines how the contribution will be counted against the donor's contribution limits.
Designated contributions are those that are earmarked by the donor for a specific election. For example, a donor may indicate that their contribution is intended for a candidate's primary campaign or general election campaign. Designated contributions ensure that the donor's intent is conveyed to the candidate's campaign and promote consistency in reporting, avoiding the appearance of excessive contributions. These contributions count against the donor's limit for the named election. If a designated contribution is made after the election for which it was designated, it becomes subject to the net debts outstanding rule.
Undesignated contributions, on the other hand, are not specified for a particular election by the donor. These contributions are typically counted against the donor's limit for the candidate's next election. For example, an undesignated contribution made after a candidate has won the primary but before the general election would count towards the limit for the general election. Undesignated contributions can also be made to retire a candidate's debts from a past election campaign, but they must be designated for the appropriate election.
The Federal Election Commission (FEC) strongly recommends that campaigns encourage contributors to designate their contributions for specific elections. This helps to ensure compliance with contribution limits and avoid the need for special procedures to handle excessive contributions.
In the context of police donations to political campaigns, it is important to note that individual police officers may have certain restrictions on their political activities, but police unions have been known to donate significant amounts to political campaigns. These unions often back local, statewide, and federal campaigns to gain favour with politicians and block reforms, particularly in relation to police accountability and racial justice.
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Restrictions on charitable organisations
Charities are subject to various restrictions on their political activities. For instance, charities must remain independent of party politics and must not support a political party or candidate, or create a perception of support as a result of their actions or participation. Charities that are bound by charity law are prohibited from carrying out activities that meet the purpose test. This means that charities cannot engage in campaigning or political activity if it is not in support of their charitable purposes. For example, an organisation set up to campaign for an end to all animal experimentation in the UK was considered by the courts not to be charitable, as its purpose was to seek a change in the law, which would not come under any charitable purposes defined in charity law.
Charities are also prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of or in opposition to any candidate for elective public office. This includes contributions to political campaign funds or public statements of position made on behalf of the organisation in favour of or in opposition to any candidate. However, certain activities such as voter education activities and encouraging people to participate in the electoral process, such as through voter registration and get-out-the-vote drives, are permitted if conducted in a non-partisan manner.
Charities with the purpose of providing premises to community groups, such as village halls, can allow their premises to be used by local political or campaigning groups, but only on the same terms as other non-commercial user organisations. They should not discriminate between organisations based on the views they hold. Additionally, charities of all types may permit non-charitable organisations to use their premises on commercial terms when the premises are not in use for the charity's purposes to raise funds.
In some circumstances, charities can engage in campaign activity regulated under electoral law, such as during UK Parliamentary general elections in 2015 and 2017, where charities conducted campaigns that met the tests for regulated spending and registered accordingly.
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Frequently asked questions
Police officers cannot donate to political campaigns as individuals or as part of a union. However, police unions have been known to back local, statewide, and federal campaigns by donating millions of dollars to gain favor with politicians and stonewall key reforms.
Making information about police union donations to political campaigns public is crucial to hold elected officials accountable. Organizations like Color Of Change have been working to hold police unions accountable by issuing petitions calling for the removal of police union leaders for their role in fueling a racist agenda.
Yes, under the Internal Revenue Code, all section 501(c)(3) charitable organizations are prohibited from directly or indirectly participating in any political campaign on behalf of or in opposition to any candidate for elective public office. Violating this prohibition may result in the denial or revocation of tax-exempt status and the imposition of certain excise taxes.
