Government Matters Articles

Americans Vote to Protect Environment in Ballot Initiatives

Voters approved ballot measures on Nov. 2 that will strengthen environmental protections in several states. Although the Bush administration's return to power does not bode well for the future of environmental protections, the success of these state ballot initiatives indicates that citizens remain committed to protecting the environment. While only a few states voted down ballot initiatives to strengthen environmental protections, several states passed major environmental measures that will, among other things, clean up hazardous waste, limit mining with cyanide, and protect public lands.

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IRS Revises Application for Tax-Exempt Status for Charities, 501(c)(3) Groups

The IRS has released an updated version of the application for tax-exempt status for charitable, education, religious and scientific organizations. The new Form 1023 and instructions are available on the Web, and the IRS will require their use after April, 2005. Page ten of the instructions describes the prohibition on partisan electioneering and the allowable legislative lobbying limits. A copy of Form 5768, the notice that a group will measure its lobbying by expenditures only, is included in the package.

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Muslim Charity Seeks Release of Frozen Assets

Last month, the Department of Treasury froze the assets of the Islamic American Relief Agency (IARA-USA) after a raid on its office in Columbia, MO, and the home of its executive director. Last week, Shereef Akeel, a lawyer for the Muslim charity, applied for a license from the U.S. Treasury Department to free its frozen assets for the purpose of paying rent and utility bills.

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Nonprofits Came Out in Force This Election Season

Nonprofits across the spectrum came out this election season to help voters have a voice. As a result, the United States had a voter turnout of almost 60 percent, the highest since 1968. This election proved nonprofits can "help America vote."

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Nonprofits' Suit Opposes CFC Terrorist Watch List Policy

OMB Watch and 12 other nonprofits filed suit against the Combined Federal Campaign (CFC) on Nov. 10, challenging their policy that requires participating charities to check their employees' names against government terrorist watch lists. The complaint, filed in the federal district court for the District of Columbia, charges the policy violates the First Amendment rights of participating charities and was made illegally in secret.

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Terrorism Case Whistleblower Sues Justice Department

Former Justice Department lawyer Jesselyn Radack filed a lawsuit Oct. 28, claiming that the Department of Justice (DOJ) forced her out after she raised objections over the interrogation of "American Taliban" John Walker Lindh. According to Radack, the DOJ's interrogation of Lindh, the American captured while fighting with the Taliban in Afghanistan, violated federal law. Even after Lindh's father retained a lawyer for him, DOJ officials interrogated Lindh without his attorney present. Lindh eventually pled guilty to aiding the Taliban and was sentenced to 20 years in prison.

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Halliburton Whistleblower Cut Out of Contract Procedures

The Army Corps of Engineers violated procurement rules in negotiating its contract with the Halliburton Corporation in early 2003, according to the Corps's chief contracting officer -- Bunnatine Greenhouse. She asserts that after expressing numerous objections to Halliburton contracts, she was threatened with demotion and was pressured to approve the contracts by her superior.

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Minnesota Legislature Restricts Media Access to Polling Sites

The Minnesota Legislature passed a law that greatly restricts media access to polling sites on election days. The law passed with bipartisan support just hours before the close of the 2004 legislative session. The law has been widely regarded as a "housekeeping" elections bill for Minnesota Secretary of State Mary Kiffmeyer, who requested the restrictions. The law requires that the media obtain letters of prior approval from city election clerks or from county auditors before entering a polling site, where they can stay for no longer than 15 minutes.

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California Passes Prop. 59 in Win for Open Government

California citizens passed a new open government proposal on Nov. 2 that embeds requirements for open records and meetings into the state constitution. The measure, Proposition 59, passed with 83 percent supporting it. Although California has state open records and meetings laws, they have been weakened by court decisions, agency interpretations, and other actions to the point that adequate access to government information is not guaranteed. Both the California House and Senate unanimously passed the measure earlier this year. Specifically, the amendment will:

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    Nuclear Commission Restores Portions of Online Library

    The Nuclear Regulatory Commission (NRC) restored portions of its online reading room earlier this month shortly after security concerns prompted the agency to block public access. Only selected documents have been restored, although NRC asserts that the majority will be accessible within several weeks.

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