Faculty, the Elections, and the AAUP

Academe, May/Jun 2004 by Smith, Mark F

This year promises a competitive election and the airing of numerous policy disputes. Although other issues will probably headline the political debate, education policy generally, and higher education specifically, will be part of it, especially in contested state elections. The debate will focus broadly on higher education funding, as well as more narrowly on matters such as the reauthorization of the Higher Educa-tion Act, issue advocacy in the classroom, and the merits and defects of the No Child Left Behind reform of elementary and secondary education.

This debate will give faculty and AAUP chapters the opportunity to promote the importance of higher education and the need for strong support from the public and all levels of government. It is extremely important, however, to keep in mind the constraints that state and federal law place on organizational electoral activity.

As individual citizens, faculty members are free to participate in electoral contests. Several restrictions apply to the activities of organized groups such as AAUP chapters, however. The important question to consider is what chapters can do versus what they should do. To find out what a chapter can do, you will need to look at the legal requirements and organizational status of the chapter. The answer to what a chapter should do is more complicated and depends on its situation and desires. The AAUP's national office will discuss these questions with you.

Most AAUP entities are recognized as one of three types of organizations operating under the Internal Revenue Code. One type, 501(c)(3) "charitable and educational organizations," can lobby to a limited extent, but cannot endorse or oppose political candidates, cannot contribute money to political parties or candidates, and cannot form political action committees (PACs.) Contributions to 501(c)(3) groups are tax deductible under Internal Revenue Service (IRS) regulations. These organizations must apply formally to the IRS to achieve such status. Examples include the national AAUP and some local advocacy chapters.

501(c)(4) "social welfare organizations" are allowed a little more leeway in lobbying and, as a secondary activity, may engage in electoral activities. In electoral matters, however, they are restricted to communicating to their own members about any endorsement of, or opposition to, candidates. They may not publicize their endorsements outside of their membership. 501(c)(4) organizations generally do not have to file for their status with the IRS, and contributions to them are not tax deductible. Some AAUP advocacy chapters and conferences fall into this organizational category, while collective bargaining chapters are by definition 501(c)(5) "labor organizations."

Both 501(c)(4)s and 501(c)(5)s may establish PACs. Chapters interested in doing so will need to seek qualified legal advice to comply with all the legal requirements involved. But even if a chapter has the legal ability to establish a PAC, it should carefully consider the wisdom of such a step. The chapter will not administer the PAC, individual leaders will. The time and energy involved in raising money and engaging in PAC activities will increase the workload for individual chapter leaders. Other, equally effective, means of advancing the chapter's goals may be available. The answers to such questions will vary depending on the circumstances faced by each chapter.

Over the years, AAUP chapters and conferences have engaged in different activities in election years to raise the visibility of our issues. Voter education campaigns can include questionnaires for candidates on issues, campus debates, and events involving candidates. It is important to include all the candidates in such activities, and to include a variety of educational issues. In other words, be sure to invite all candidates to the debate, or to send all candidates the questionnaire. Not all of them have to attend or respond, but the effort to include them must be made in good faith.

In the end, members need to remember that a candidate's goals focus on winning the election. Concerned faculty members need to think about how best to advance the goals of academic freedom and a strong higher education system. For further information, see the Washington Watch column in the September-October 2001 issue of Academe, available on the AAUP Web site, or contact the AAUP national office.

Mark Smith is AAUP director of government relations.