By NICK GOSNELL
Hutch Post
HUTCHINSON, Kan. — The “Don’t Weaponize the IRS Act,” introduced earlier this month in Congress by Republicans would prevent the IRS from mandating that 501(c)(4) nonprofits identify their top donors in filings to the agency. The President of the Kansas Policy Institute, James Franko, believes donors being able to give to organizations and not be outed is important.
"It's a fundamental belief in the First Amendment," Franko said. "We have the freedom to speak, we have the freedom to associate. Without that protection that extends to not just groups like ours, think tanks that are engaged in the policy process, but all sorts of other non-profits, from churches to the synagogue to women's shelters or whatever it is, we have that fundamental right to speak and associate on the things that we're passionate about, without fear of either accidental or, in some cases, deliberate exposure and possible retribution."
Mitch McConnell, Mike Braun and the 43 other Republican senators, including both from Kansas, who signed on as co-sponsors say the measure would protect outside groups from discrimination by the IRS.
"There's a through line that's not just about the current legislation at the federal level," Franko said. "There's actually a case at the U.S. Supreme Court that started in California when Kamala Harris was the AG and is now continued. It deals with these same things. It goes back to the IRS scandal of the Obama years. Indeed, it goes back further, to when the state of Alabama was trying to compel the disclosure of the NAACP's donors in the 1950s."
As a contrast, Democrats’ campaign finance legislation, the ‘For the People Act,’ would make sweeping changes to election law and require all nonprofits that spend more than $10,000 on elections to disclose the names and addresses of donors who give more than $10,000. Franko doesn't see that as a good idea.
"It's about the speech that yes, you agree with, but it's also about the speech of groups that you don't agree with, necessarily," Franko said. "Just as our rights are protected, your rights are protected, the rights of a progressive who is donating to moveon.org or whatever, their rights are protected."
Republicans argue that disclosure requirements discourage potential donors from making contributions out of fear of recrimination from their political opponents.