Repeat: Smitherman Can Run

Once more, with feeling …

Ever since CityBeat reported here July 11 that a spokesman for the NAACP's national office said the organization has no rule prohibiting the presidents of local chapters from also campaigning for elective public office, the blogosphere has sharply debated the issue.

The debate arose after a July 2 Cincinnati Enquirer article quoted retired federal Judge Nathaniel R. Jones, a former NAACP attorney. Jones stated that he believed it was a conflict of interest for the NAACP's local chapter president, Christopher Smitherman, to also run for Cincinnati City Council. Tellingly, Jones didn’t cite a specific rule and neither did The Enquirer.

When CityBeat contacted Richard McIntire, the national NAACP’s spokesman earlier this month, he said there is no prohibition in the national group’s by-laws that keeps chapter presidents from holding public office. Individual chapters can pass their own rules on the issue if they desire, McIntire said, but there is no national edict on the topic.

But local blogger Nate Livingston was skeptical. He cited a November 2004 Baltimore Sun article that stated, “According to NAACP rules, officers in the group cannot seek or hold public office.”

Another local blogger found a spring 2004 excerpt in a newsletter from the NAACP chapter in Lansing, Mich., that stated, “National NAACP by-laws require that branch officers who run for elected office step down during their campaign.”

So, which is correct?

CityBeat contacted McIntire in the Baltimore office again to seek further clarification. After some research, he called back today.

“Our constitution is really silent on the whole issue,” McIntire said.

The NAACP does have a “standard practice” whereby “it’s customary to stand down as president” while campaigning for an elective office but it’s not a formal rule, McIntire added.

Moreover, there isn’t a strict prohibition from serving as a local chapter president and also holding elective office, he said,

“Pending the outcome of the election, if the person is elected, it’s up to the local chapter to decide if there’s a conflict of interest,” he said.

In other words, the national office has no rule — although the Lansing description seems to more closely reflect its intent.

Livingston, a frequent Smitherman critic, today changed his stance and wrote that it’s not the NAACP’s rules that prohibit Smitherman from campaigning for city council, but rather it’s federal tax law because the NAACP is a non-profit, 501(c)3 organization. Livingston quotes a 2006 Internal Revenue Service fact sheet that states:

“Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in or intervening in any political campaign on behalf of (or in opposition to) any candidate for elective public office. The prohibition applies to all campaigns including campaigns at the federal, state and local level. Violation of this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.”

Some longtime political campaign workers that CityBeat sought for advice said that they believe Smitherman can campaign, as an individual, for city council but he cannot campaign at NAACP chapter meetings or use the group’s resources.

Regardless, the always excitable Livingston vowed on his blog today to stop Smitherman’s council candidacy or make him resign as chapter president: “Then you will bitch and moan when I follow through on my pledge to STOP SMITHERMAN FROM RUINING THE NAACP and take action to have the national office and Cincinnati branch fined by the IRS and have their tax-exempt status revoked if they don't put an end to this in-your-face violation of the organization's long-standing rules by Smitherman.”

As if the capitalization wasn’t enough to get his point across, Livingston issued a threat to the NAACP’s national office.

“I've given the national until close of business Friday to resolve this matter in an amicable manner. … If they fail to take action and reign in Smitherman, I will do what it takes to show them the error of their ways, even if it means calling in ‘the white man’ to investigate and possibly levy fines and/or revoke their tax-exempt status,” Livingston wrote.

Which “white man” Livingston would call, however, is unclear. Perhaps his friend, lawyer and conservative activist Christopher Finney?

Rest assured, devoted readers, CityBeat promises to diligently monitor court filings and IRS rulings to see how the situation develops.

— Kevin Osborne

Comments

[Not the Mamma Cass!]

Well, hmm. Thanks for the followup on this. I really don't care one way or the other about Smitherman campaigning while being NAACP chapter president, but I do believe there is a difference between a Constitution and Bylaws. The former is an organizing document, the latter a regulating document.

Please follow this link and have John Fox give you $5 to buy a copy of the NAACP Constitution and Bylaws (must be a reason those are separately-described) to read for yourself. I would but Jaqueline Suzanne beckons.

http://www.naacp.org/about/resources/brochures/legal_constitution_bylaws_order_form.pdf

[anon]

The NAACP quote you gave says that their "constitution is silent" on the issue of whether an officer can run for office without resigning. This does not answer the charge of Livingstone, et al, that the NAACP's by-laws prevent an officer from running. Legally these are two separate documents. Both documents can impose obligations on the organization's officers. Thus, saying the constitution is silent is not completely dispositive of whether Smitherman can run without resigning as President of the local chapter. Please ask the National NAACP whether the by-laws prevent this situation.

[We know]

Nate doesn't know what he's talking about again. He should get over his obsession and do something positive for a change.

[Who's Nate Livingston?]

Who is Nate Livingston anyway? Oh, that's right, I just remembered who he is: he's a blogger who uses his website to attack black leadership every chance he gets! You never see him give a critical analysis of Joe Deters. He uses his blog to attack black people, such as Alicia Reese and Christopher Smitherman. If you ask me, he attacks other black leaders because those are the people he wishes he could be like. Instead of pushing Smitherman, he hates on him every chance he gets. People should understand that he works for "the other side"...not in the best interests of black people as he proclaims.

[yawning]

Who is Nate Livingston?
He is a marginally employed, wannabe lawyer, wannabe activist (but cant keep a following), starving for attention, dying to be important to somebody, do-nothing, have-nothing,schizo loudmouth who blows hot air. Look for lots more blog listings as he now has a lot of spare time on his hands thanks to his former boss. Nate hates Christopher Smitherman because he can NEVER come close to being the successful, well-liked, financially independent, smart, REAL man that Chris is.

[Kevin Osborne]

For what it's worth, I asked McIntire about "Constitution or by-laws" when I spoke to him, and this was his response.

According to McIntire, whose job it is to speak on behalf of the national NAACP, there's not a prohibition in the by-laws, either.

If anyone has any better, verifiable information on the topic, I'd appreciate seeing it.

[Not the Mamma Cass!]

The "verifiable" information would be a copy of the Constitution and Bylaws in CityBeat's office so it can be personally read from. Ask McIntire to fax them to you, please.

[Ali]

I think the official spokeman for the NAACP is a very credible source. If he didn't know he would have said that, checked and gotten back with the answer.

The fact is there are several examples for other NAACP presidents holding office and this is nothing more than a continuation of the witch hunt to discredit Christopher Smitherman because he has led several recent efforts to challenge the status quo.

Mr. Osbourne has more important stories to investigate in ths corrupt city. If Mamma Cass wants to read the bylaws then he should have them faxed over and then get a life.

[Ginger Lee Frank]

It seems to me that it's partly a question of where you are sitting when you view this issue and who stands to gain. Raising the IRS issue is not flippant and the 501(3)(c) prohibitions bear restating: in part, "The prohibition extends beyond candidate endorsements... Allowing a candidate to use an organization’s assets or facilities will also violate the prohibition if other candidates are not given an equivalent opportunity."

I'm sure the local NAACP chapter does not intend to allow every candidate in the City Council race access to the president's office, and de facto creates a clear preference towards its president. Livingston's suggestion that Smitherman step aside as chapter president during his campaign, yeilding his position to a chapter vice-president until the outcome is determined, makes sense.

[Racer X]

Well, the NAACP changed its tune Friday afternoon by stating that SMLP must step aside while campaigning for council. Should he win a seat, he must permanently relinquish his presidency.

SMLP has a decision. Defying the NAACP by refusing to step down while campaigning (and possibly suing the national organization) is something Chris is capable of doing. National expulsion or local impeachment might result.

By following the NAACP's mandate (stepping down and campaigning), his presidency might be weakened if he loses and returns.

Or, he can just drop out of the council race and continue his presidency.