Universities' Political Neutrality: Campaign Contributions Unacceptable

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Universities are prohibited by federal law from participating in political campaigns or intervening on behalf of or against any candidate for public office. This is because universities are tax-exempt organisations, and violation of this prohibition could result in excise taxes or the loss of their tax-exempt status. Universities are therefore unable to endorse candidates, make donations, engage in fundraising, or distribute statements on behalf of a candidate or party. University employees are also prohibited from engaging in political activities during work hours or using university resources for political purposes. While universities cannot contribute to political campaigns, they are permitted to hold non-partisan get out the vote activities and educational forums to encourage political participation.

Characteristics Values
Tax status As a tax-exempt organization, universities are prohibited by federal law from participating in political campaigns
Endorsement of candidates Universities cannot endorse or oppose any candidate for public office
Donations Universities cannot make donations to political campaigns
Fundraising Universities cannot engage in political fundraising
Distribution of statements Universities cannot distribute statements on behalf of a candidate or party
Political campaign activities Universities cannot engage in any political campaign activities on behalf of or against any candidate or group of candidates
Use of university resources University resources cannot be used for political activity
Political activities by university employees University employees cannot engage in political activities during work hours
Political activities on campus Political activities cannot be conducted on campus by university faculty or staff running for political office

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Universities are tax-exempt organisations

Federal law prohibits universities from engaging in certain campaign-related activities. This includes making donations, fundraising, distributing statements on behalf of a candidate or party, and directly or indirectly engaging in any political campaign activities on behalf of or against any candidate or group of candidates. For example, a university cannot issue communications indicating support for or opposition to a candidate, and must be careful that even communications on public policy issues do not express a message of support or opposition to an individual's political candidacy.

University employees must also be careful not to engage in prohibited participation or intervention in a political campaign. This includes making certain statements about a political campaign or candidate in their capacity as a university employee, making university resources available to political candidates or campaigns, and engaging in political activities during work hours. While university employees may participate in off-campus political activities, they must do so as private citizens and not imply that their actions or opinions are those of the university.

Universities may hold candidate forums or debates on campus as part of their educational mission, provided that all qualified candidates are invited and a non-partisan atmosphere is maintained. Curricular activities aimed at educating students about the political process are also permissible, as long as they are relevant to the course and do not advocate for any particular candidate.

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They cannot endorse candidates or make donations

Universities are prohibited from endorsing candidates, making donations to political campaigns, engaging in political fundraising, distributing statements on behalf of a candidate or party, and directly or indirectly engaging in any political campaign activities on behalf of or against any candidate or group of candidates. These prohibitions apply to candidates for federal, state, and local offices.

As a tax-exempt organization, the university is prohibited by federal law from participating or intervening, directly or indirectly, in any political campaign on behalf of or in opposition to any candidate for public office at any level. Violation of this prohibition could lead to excise taxes or even jeopardize the university's tax-exempt status.

University employees must also be careful not to engage in problematic involvement, such as making certain statements about a political campaign, candidate, or issue in their capacity as university employees, making university resources (e.g., office space, letterhead, listservs, etc.) available to political candidates or campaigns, or engaging in political activities during normal work hours.

While universities cannot endorse candidates or make donations, they can invite political candidates to appear on campus in a non-candidate capacity, such as to participate in a class or a candidate forum, as long as no campaigning or fundraising is done at the event and a non-partisan atmosphere is maintained. Universities can also host or present public forums and publish voter education guides to encourage and inform the democratic process, as long as these activities are conducted in a non-partisan manner. Universities can also allow curricular and educational activities related to political processes as long as they do not advocate for any particular candidate(s).

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University resources cannot be used for campaigns

Universities are typically prohibited by federal law from participating in political campaigns or intervening on behalf of or against any candidate for public office. This is because universities are tax-exempt organisations, and violation of this prohibition could lead to excise taxes or even threaten the university's tax-exempt status.

University employees must be cautious about their involvement in political campaigns. They cannot use their position as university employees to make certain statements about political campaigns or candidates, and they must ensure that any political activities do not occur during work hours. This also applies to faculty, who, due to not having standard work hours, must be vigilant that their political activities do not interfere with their teaching, research, and service missions.

While universities cannot use their resources for campaigns, they can still engage in marketing campaigns to promote their institutions and increase their visibility to prospective students. For example, the London Metropolitan University launched a social media marketing campaign, 'Do Something You Love', to showcase its welcoming and flexible attitude. Bristol University also adopted a QR code marketing strategy, integrating the codes into the shape of the Clifton Suspension Bridge to engage prospective students and direct them to relevant university information.

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Employees must act as private citizens when endorsing candidates

As a tax-exempt organisation, a university is prohibited by federal law from participating or intervening, directly or indirectly, in any political campaign or in support of/opposition to any candidate for public office. This is true at any level, be it federal, state, or local. Violating this prohibition could lead to excise taxes and could even put the university's tax-exempt status in jeopardy.

University employees must be especially careful in this regard. They must act as private citizens when endorsing candidates and must not use their position or resources to promote a political campaign or candidate. This includes making certain statements about a political campaign, candidate, or issue in their capacity as a university employee; making university resources (e.g. office space, letterhead, listservs, etc.) available to political candidates or campaigns; and engaging in political activities during normal work hours.

For example, a university employee may not use their position or any authority associated with their public office to endorse a candidate or campaign. They may refer to their official title or position only when permitted by specific regulations. When providing a verbal or written recommendation, employees may only use their official title in response to a request for a personal recommendation or character reference.

In addition, university employees must be mindful of the potential appearance of governmental sanction. They may not use their government position or title in a manner that could reasonably be construed to imply that their institution endorses their personal activities or those of another. This means that even when issuing communications on public policy issues, universities and their employees must be careful not to express support for or opposition to an individual's political candidacy.

Therefore, it is crucial for university employees to act as private citizens when endorsing candidates and to ensure that their actions do not constitute prohibited participation or intervention by the university in a political campaign.

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Universities can host non-partisan candidate forums or debates

Universities are prohibited by federal law from participating or intervening in any political campaign or in support of or opposition to any candidate for public office. This is because universities are tax-exempt organisations. However, universities can host non-partisan candidate forums or debates, which can be a great way to educate the university community on the candidates' aspirations, agenda, and political beliefs.

When hosting such events, universities must be careful not to endorse or oppose any individual's political candidacy. Voter registration drives, for example, must be non-partisan, and only materials directly related to voter registration should be included. Student organisations may provide hyperlinks to all legally qualified political candidates on their websites, as long as the links are presented on a consistent, neutral basis and fulfil a tax-exempt purpose such as voter education or registration.

When inviting candidates to speak on campus, student organisations must ensure that the event has an educational purpose and that the candidate addresses a broad range of issues of interest to the public. The university and student organisation must not mention or endorse the individual's political candidacy, and the student group should make clear why the person has been invited, for example, because of their expertise in a particular field or their distinguished career.

In addition, universities should be mindful that invitations to political candidates may trigger other obligations, such as the requirement to extend similar invitations to other candidates for the same office. Universities should also be aware that certain activities, such as making partisan comments or making university resources available to political candidates or campaigns, could constitute prohibited participation or intervention in a political campaign.

Frequently asked questions

Universities are prohibited by federal law from participating in any political campaign or intervening on behalf of or against any candidate for public office. This is because universities are tax-exempt organizations. Violating this prohibition could lead to excise taxes or even put the university's tax-exempt status at risk.

University employees are prohibited from making certain statements about a political campaign, candidate, or issue in their capacity as employees. They are also not allowed to make university resources available for political campaigns or candidates and are prohibited from engaging in political activities during work hours.

No, universities and their leaders cannot make partisan comments in official university communications or at university functions. This includes issuing communications indicating endorsement, support, or opposition to a candidate for public office. This limitation also extends to departments and units of the university.

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