Political Activity and Lobbying Policy

Responsible Unit: President’s Office | Executive lead: President 
Created: 8/1/2019 | Reviewed/Revised: 1/5/2023 | Effective: 1/19/2023
Compliance: Compliance: U.S. Code § 1352, IRS 501(c)(3), 26 USC, Revenue Ruling 2007-41, 2007-25 IRB, Treasury Regulations 1.501(c)(3)-1, 26 CFR and 1.501(c)(3), U.S. Code § 7353, NWCCU 2.D.2 
Approving Body: PAC | Classification: Institution-wide 

Policy:  
Political Activity 
It is the policy of Pacific Northwest University of Health Sciences (PNWU) that political activity by the campus community members, as individuals, should be encouraged. As a tax-exempt organization, PNWU shall not participate in, endorse, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office or any political party. To this end, no University resources may be used in connection with political campaign activities. Resources include, but are not limited to email, official publications, letterhead, photocopiers, postage, websites, any in-kind use of time, and/or financial resources. Additionally, use of PNWU facilities in support of a political candidate, party, referendum, or political action committee (PAC) that could give the appearance that the University is supporting one candidate, party, or position over another is not permitted except as outlined under allowable activities below. 

Political signs are not permitted on or in University-owned property (including buildings, grounds, and vehicles).

Student-led political organizations and their members must comply with this policy. 

Allowable Activities: 
Public Policy Advocacy 
The above shall not restrict the University from taking positions on public policy issues, provided no advocacy for a political candidate is included. To avoid being characterized as campaign intervention, communications, and statements on advocacy issues should not: 

  1. a)  Identify any candidate for a given public office;
  2. b)  Express approval or disapproval for any candidate’s positions and/or actions; and
  3. c)  Refer to voting or an election.

Individual Activity by Employees and Students 
This policy is not intended to restrict free expression on political matters by employees or students as individuals, provided the individual clearly indicate the opinions are not those of the University and that any political participation is held off-campus and, for employees, held outside of the employee’s scheduled work time. 

Use of Facilities 

  1. As part of its educational mission, candidates may be invited to appear on campus in a non-candidate capacity, e.g., to participate in a class, provided that no campaigning or fundraising is done at the event, a non-partisan atmosphere is maintained and does not favor or endorse a particular candidate, and if invited to a forum or debate complies with the following IRS test: 
    • The forum or debate should include all legally qualified candidates for the contested office.
    • The forum or debate topics should cover a broad range of issues, including those issues of importance to the organization sponsoring the forum. 
    • An independent, nonpartisan group should prepare the questions presented to the candidates. Such a group could include University faculty, staff and students, the media, and community leaders. Candidates should not be asked whether they agree or disagree with positions, agendas, platforms, or statements of the University. 
    • A moderator should be selected by the University, and their role should be limited to ensuring that the forum ground rules are followed. The moderator should refrain from commenting on the candidates’ statements in a way that demonstrates approval or disapproval of their ideas. 
    • Each candidate should have the same opportunity to present their view on the issues discussed. In addition, no campaign rallies, campaign banners, campaign literature or button distribution or fund-raising are allowed at the event. 
    • The event is open to the entire University community, regardless of political affiliation. 
    • The event is not organized or run by the candidate, his or her representatives, or any outside organization. 
    • For all proposed on-campus events involving political candidates, the event organizers are required to complete a PNWU Event Request in a timely manner and provide all requested information and documents needed for the University to review the event and comply with all University policies and procedures. 
  2. Administration and faculty should take special care in relation to any above-described activities, to avoid the appearance of institutional endorsement. 

Lobbying 
The University is permitted to engage in lobbying up to certain limits with no risk to its tax-exempt status. Because of these limits and IRS reporting requirements for lobbying, no individual is permitted to engage in any lobbying activities or authorize the use of University funds for lobbying in their capacity as an employee, agent, student, student organization, or otherwise without the express permission of the Office of the President or his/her designee(s)  . University employees who engage in lobbying activities are required to track and report all applicable lobbying activities as designated by the Office of the President and Finance. 

Funding of lobbying activities will be limited to non-federal discretionary funds from unrestricted donations to PNWU. PNWU cannot provide any financial support or University resources for unapproved lobbying activities. 

Campus community members may be asked by their professional associations to participate in lobbying activities. In such cases, unless the lobbying is approved as described above, the individual must ensure that others understand they are acting as an individual or on behalf of a professional association, and that they are not acting on behalf of PNWU. 

Should candidates or elected officials be on campus in a non-candidate capacity (e.g., in their role as an incumbent public official or as a civic leader while touring campus or meeting with members of administration): 

  1. The individual or their campus representative(s)/employee may not mention the individual’s candidacy or the election during the appearance. 
  2. No campaign activity (including political fundraising) may occur in connection with the candidate’s appearance on campus. 
  3. A non-partisan atmosphere must be maintained on campus or at any event where the candidate is present. 
  4. The campus representative/employee who invites the candidate or is the university’s liaison for the event must clearly communicate the non-political capacity in which the candidate is appearing and may not mention the individual’s political candidacy or the upcoming election in any communications that announce the candidate’s attendance at the event. 

Certification Regarding Lobbying (Federal Grants, Contracts, or Cooperative Agreements) 

PNWU shall not use federal funds to lobby any federal official in Congress or the Executive branch on behalf of awarding or extending a federal contract, grant, loan, or cooperative agreement. 

Applications for federal grants, contracts, or cooperative agreements, and University participation in other federal programs require that the University certify compliance with lobbying prohibitions and limitations. 

Certifications or statements related to lobbying activities in connection with any activity or agreement with a governmental entity must be completed and approved by the designated institutional official. 

Voter Education and Registration 
In conjunction with the 1998 Higher Education Act, paper copies of in-state voter registration forms shall be made available to students prior to their home state’s voter registration deadline. See the Voter Information page at PNWU.edu. 

Definitions:  

  1. Political Activity or Political Campaign Activity is defined under the Internal Revenue Code as directly or indirectly participating in or intervening in any political campaign on behalf of or in opposition to any candidate for elective public office. 
  2. Educational Activity or Issue Advocacy is non-partisan educational activities concerning public policy issues. 501(c)(3) organizations may involve themselves in issues of public policy, including taking positions on issues of importance to the organization, without the activity being considered Lobbying. For example, organizations may conduct educational meetings, prepare and distribute educational materials, or otherwise consider public policy issues in an educational manner, and as long as such activities do not advocate the adoption of legislation or legislative action, they will not constitute Lobbying. In order to qualify as Educational Activities, however, the organization must present a sufficiently full and fair exposition of the pertinent facts to permit the public to form its own opinion or conclusion independent of that presented by the organization. And 501(c)(3) organizations must tread carefully when taking positions on public policy issues, because in certain contexts, Issue Advocacy can constitute political campaign intervention. 
  3. Lobbying activities is defined under the Internal Revenue Code (1602(7) as lobbying contacts and efforts in support of such contacts, including preparation and planning activities, research and other background work that is intended, at the time it is performed, for use in contacts, and coordination with the lobbying activities of others. as attempting to influence legislation. Legislation includes action by Congress, any state legislature, any local council, or similar governing body, with respect to acts, bills, resolutions, or similar items (such as legislative confirmation of appointive office), or by the public in referendum, ballot initiative, constitutional amendment, or similar procedure. Lobbying does not, however, include actions by executive, judicial, or administrative bodies. An organization will be regarded as attempting to influence legislation if it contacts, or urges the public to contact, members or employees of a legislative body for the purpose of proposing, supporting, or opposing legislation, or if the organization advocates the adoption or rejection of legislation. As a Section 501(c)(3) organization, Pacific Northwest University of Health Sciences may engage in a certain amount of lobbying, but if a substantial part of its activities constitute lobbying, the University may face penalty taxes and risk the loss of its tax-exempt status. 

Lobbying may be further broken down into the following categories: 

  1. Direct Lobbying is defined under the Internal Revenue Code as any communication with a legislator or legislative staff or with a government official who participates in formulating legislation that expresses a view about specific legislation. 
  2. Grassroots Lobbying under the Internal Revenue Code is defined as any communication with the general public that expresses a view about specific legislation and includes a call to action. 
  3. Unapproved Lobbying Activities for purposes of this policy are lobbying activities on behalf of PNWU that are not authorized by the Office of the President. 
  4. Lobbying Expenditures are expenditures paid or incurred for Lobbying. Per IRS regulations, Lobbying Expenditures include paid time spent on Lobbying as well as allocable overhead and administrative costs. 

Procedure:  
Political Activity and Lobbying Procedure 

Related Documents: 
Washington State Public Disclosure Commission 
IRS form 990 

Policy Resources

For assistance with policies and procedures contact:

Lori Fulton
lfulton@pnwu.edu