Jewish Alliance for Law and Social Action
- www.jewishalliance.org.
18
Tremont Street, Suite 320, Boston, 02108 - tel: 617-227-3000 fax:
617-227-3453
21 Tishrei 5766 October 24, 2005
Chag Samayach - Happy Sukkot
JALSA Legislative Alert
Save Affordable Housing Fund
and
Stop Anti-Democratic Restrictions on Voter Registration
*Call Your Congressperson NOW! -
1-866-864-NHTF (Toll-Free)*
(and call a friend or relative in another state
and urge that
they call their congressperson)
*CALLS MUST BE MADE TODAY *MONDAY, OCTOBER 24, 2005*
H.R. 1461, the Federal Housing Finance Reform Act of
2005, including the
new Affordable Housing Fund, is expected to come to the
full U.S. House
of Representatives on Wed., Oct. 26 or Thurs., Oct.
27.
Financial Services Committee Chairman Mike Oxley (R-OH)
will propose a
“manager’s amendment” as a substitute to H.R. 1461 that will
include
changes he has agreed to since the bill was voted out of committee by
a
vote of 65-5. These changes include *prohibitions against
voter
participation and other non-partisan democratic activities by
non-profit
organizations* that wish to apply for and use grants from the
Affordable
Housing Fund to build and preserve affordable housing.
Additionally,
nonprofits that “affiliate” with other entities that
engage in the list
of restrictions would also become ineligible for the AHF
grants. The
definition of “affiliate” is extremely broad, including
sharing any
office space or supplies.
These prohibitions are certainly undemocratic, likely
unconstitutional,
and conflict with requirements of the National Voter
Registration Act,
which requires many agencies that receive funding from
states to conduct
voter registration with their residents or
clients.
Mr. Oxley has accepted the offending language to gain
support from a
group of ultra conservative Members of Congress who
erroneously equate
bricks and mortar funding for affordable housing with
support for
liberal and/or Democrat advocacy organizations. For
example:
*“I would rather burn money than give it to advocacy
groups.”* Rep. Tom
Feeney (R-FL) quoted in /Dow Jones International News/,
June 29, 2005
*"It's not about affordable housing; it's about using
affordable housing
to fund the Democratic political machine."* House GOP Aid
quoted in
/CQ,/ Oct. 20, 2005
*“Stop Barney Frank Slush Fund: H.R. 1461 would require
GSEs to pump
billions into left-wing organizations.”* Unsigned
circular to House Members attacking our Massachusetts congressman who works very
hard for affordable housing.
A broad coalition of housing, community development,
faith-based,
non-profit rights, and civil rights organizations are working to
have
the egregious language removed. There are three ways to do
so:
* House Speaker Dennis Hastert (R-IL) can direct its
removal prior
to floor consideration.
* Opponents can offer an amendment
on the floor to have the language
stricken, *BUT *this requires that the
Rules Committee allow such
an amendment to be considered. The Rules
Committee meets on
*TUESDAY, OCTOBER 25* in the morning to make this
decision.
* Opponents can offer a “motion to recommit forthwith” on the
floor
that essentially requires removal of the language.
*Call 1-866-864-NHTF NOW and Tell Your Congressperson: *
* I support the establishment of the Affordable Housing
Fund in H.R.
1461 , but I have learned that language that will restrict
an
organization's right to engage in non-partisan democratic
activities
will be added to the bill when it goes to the floor for
a vote.
* I oppose
any language that restricts voter registration and
freedom of affiliation by
non-profit organizations when using
their own funds.
* I urge
Representative ______ to support all actions to have the
offending language
removed, including
Ø speaking to House Speaker Dennis Hastert (R-IL) and
Rules Committee
Chair David Dreier (R-CA) about its removal,
Ø voting for the amendment to strike the offending
language if such a
vote is allowed, and
Ø voting for a motion to recommit, if necessary.
*You may also email your Representative using the NLIHC’s
Capwiz email
system at: http://capwiz.com/nlihc/mail/oneclick_compose/?alertid=8120246.
You may also, in addition to your telephone call, E-mail your concern to members of the US Congress.
This is the letter JALSA sent to all of the Massachusetts delegation: (Feel free to copy or paraphrase)
October 24, 2005
Dear Representative:
The Jewish Alliance for Law and Social Action ("JALSA"), a New-England based civil-rights and social advocacy group, seeks to call your attention to the prospect that a manager's floor amendment will be proposed this week when the House takes up H.R. 1461, and, more specifically, the Affordable Housing Fund in the Federal Housing Finance Reform Act. As we understand it-although its proponents have attempted to keep much of its language secret-the amendment would broadly disable non-profit organizations from applying for funds under the program if they, or their affiliates, have engaged in non-partisan voter information and registration activities. Language in the bill which has been disclosed defines "affiliate" in a manner of such unprecedented breadth-going far beyond the definitions in the tax code or in other, analogous bodies of law--as to seriously erode the First Amendment's guarantee of the freedom of association. On a more practical level, the amendment, if enacted and obeyed, would potentially disqualify innumerable organizations and agencies that are at the forefront of affordable housing.
Under the proposal, any non-profit organization which has engaged in voter registration or identification activities, or get-out-the-vote drives, even on a non-partisan basis, or has engaged in criticism of elected officials which might be considered to constitute support of or opposition to a candidate for federal office, within the prior twelve months, cannot apply for funds for the life of the program. (For-profit entities would not be subject to this restriction.) Moreover, non-profits would be disqualified if any of their affiliates have done voter education, etc, and two organizations, under the proposed language, are deemed affiliated if they have overlapping board members, officers or staffs; they share any office space, staff, supplies or resources, including "internet and other forms of public communication"; or one receives more than 20% of its budget from the other.
Even in large, urban areas, the overlap of board members between and among agencies which engage in voter participation activities-activities which government at all levels has universally endorsed and promoted as furthering citizen participation, the core value in our democracy-and agencies engaged in providing affordable housing, is substantial. One imagines that any organizations sharing a director or officer with a chapter of the League of Women Voters-of which there are many in every New England State-would be excluded. In smaller communities, where organizations such as United Way provide more than 20% of the financial sustenance for virtually every non-profit, as well, no doubt, as sharing board members with many of them, the efforts of any one such organization in, say, providing transportation to the polls for shut-ins, might disqualify the entire census of potential participants.
No defensible reason for this provision is apparent. Increasing voter participation has long been promoted as a basic democratic value. Affordable housing agencies, like many non-profits that work with those at the bottom of the societal ladder, have long worked cooperatively with others to mobilize their clientele in numerous ways, including voting. The only rationale for the proposed rule is either to restrict enfranchisement or to limit participation in these needed programs, or both. We believe that either purpose is shameful, un-American and beneath the consideration of any Member of Congress. We urge you to vote and to work against this reprehensible provision.
Signature.
Sheila Decter, Executive Director, Jewish Alliance for Law and Social Action
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