Introduction
The League of Women Voters of California (LWVC) and local Leagues across the state seek to promote and defend a democracy where every person has the desire, the right, the knowledge, and the confidence to participate. Part of the League’s effort to impart this knowledge has been the sponsorship of candidate debates or forums that provide the public with a side by side comparison of candidates who are answering the same questions in the same format.
Definition
When only one candidate agrees to participate in such events, it is called an “empty chair” debate or forum. To maintain the credibility, spirit, and intent of being a nonpartisan organization, Leagues in California should not hold debates or forums with only one candidate present. Please read further to understand why this is.
Background
The League is a nonpartisan organization and has been since its inception. Nonpartisanship is the key to the League’s reputation and gives credibility to voter engagement work and to some extent League’s advocacy work as well by showing that the League is not a creature of any political party. It is essentially the League’s brand. It is so important that Leagues at every level incorporate it in its governing document, the bylaws, that say “The League shall not support or oppose any political party or any candidate.” (Sec. 2 (1)). Further, all League of Women Voters Education Funds are incorporated as a 501(c)(3) corporation. These corporations "may not participate or intervene, directly or indirectly, in any political campaign on behalf of or in opposition to any candidate for public office."
In addition there are other legal bases for the prohibition on holding empty chair events. Please see the LWVUS document on the issue of empty chairs which further explains them both in terms of federal elected offices plus state and local offices.
By giving a single candidate at any level – federal, state, or local – an unchallenged platform from which to speak, we provide that candidate with a specific benefit. By appearing to support that one candidate, not only do we tarnish our nonpartisan brand and violate our bylaws, we also risk our tax exempt 501(c)(3) status.
Risks
The tax exempt status enables donors to give tax deductible donations to the Education Funds of the League. These donations support the voter engagement work of Leagues throughout the state. Many, but not all local Leagues in California have the501(c)(3) (tax exempt) status in their specific names. A total of 26 local Leagues are under the umbrella of the LWVC Education Fund's 501(c)(3) status. In legal terms the LWVCEF is the fiscal sponsor of those Leagues. This means that the LWVCEF is responsible for administering the money designated for the C3 activities of those Leagues, and handles the tax documents related to a 501(c)(3). The LWVCEF will not allow use of education funds for empty chair debates or forums by those Leagues that operate under the LWVCEF 501(c)(3) umbrella.
In this hyperpartisan time, the chances of a disgruntled candidate challenging the League’s compliance with the 501(c)(3) requirements in the IRS and ultimately in court based on the holding of an empty chair debate or forum is higher than it has been in the past. The penalty would be loss of the tax exempt status. If the League is under the LWVC’s umbrella, the LWVC’s tax exempt status could be lost. That means the LWVC as a separate corporation and all the local Leagues that fall within the umbrella would lose that status. Legal fees would be incurred and ultimately a valuable aspect to League fundraising is lost.
Not only is the loss of the tax exempt status involved, there would be damage to the public reputation of the League as a whole. Disgruntled people would not quietly file a complaint with the IRS. They would go public with their complaints. Leagues would have to deal with the public relations fall out of it all even if the tax exempt status were not removed.
To summarize: Leagues in California should not hold debates or forums with only one candidate present. In an effort to avoid empty chair events, consider enlisting local media or other community organizations to cosponsor or to encourage candidates to participate. Candidates may not care about the League but they may care about the impression they make on the rest of their community, getting local press, or groups of people that they want to motivate to vote. There are other options, including holding a candidate meet and greet in which there is no side by side questioning. Consult the Voter Service Handbook in the MyLO Members only page or your Local League Coach (LLC) for information as to how those work.
