7.22.2013 true the vote - doc. 14-3 - exhibit c

7/29/2019 7.22.2013 True the Vote - Doc. 14-3 - Exhibit C

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Exhibit C:

IRS Request for Information #1

(February 15, 2011)

Case 1:13-cv-00734-RBW Document 14-3 Filed 07/22/13 Page 1 of 6


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Exhibit C, Page 1

Xnternal Revenue ServiceP.O. Box 2508 - Room 4511Cincinnat i , Ohio 45201Date: February 15, 2011

KSP/True the VoteC/0 Deren R Harrington JD CPA2225 County Road 90 , Ste 115Pearland, TX 77584Dear Sir or Madam:

Department o f the Treasury

Employer Xdenti f icat ion NUmber:27-2860095Person to Contact - Group #:Susan Maloney 7824ID# 0203218Contact Telephone NUmbers:513-263-3649 Phone513-263-3690 FaxResponse Due Date:March 8, 2011

we need more information before we can complete our consideration of yourapplication for exemption. Please provide the information requested on theenclosure by the response due date shown above. Your response must be signedby an authorized person or an officer whose name is l i s ted on yourapplication. Also, the information you submit should be accompanied by thefollowing declarat ion:

Under penalt ies o f perjury, I declare that I have examined th isinformation, including accompanying documents, and, to the best o fmy knowledge and bel ie f , the information contains a ll the relevantfacts relating to the request for the information, and such factsare true, correct, and complete.To faci l i ta te processing of your application, please attach a copy o f th i sl e t t e r to your response . This wil l enable us to quickly and accuratelyassociate the addi t ional documents with your case f i l e .I f we do not hear from you within that time, we wil l assume you no longerwant us to consider your application for exemption and wil l close your case.As a resul t , the Internal Revenue Service wil l t rea t you as a taxable ent i ty .I f we receive the information af te r the response due date, we may ask you tosend us a new application.In addit ion, i f you do not respond to the information request by the duedate, we wil l conclude tha t you have not taken a l l reasonable steps tocomplete your application for exemption. Under code sect ion 7428(b) (2), youmust show tha t you have taken a l l the reasonable steps to obtain yourexemption l e t t e r under IRS procedures in a timely manner and exhausted youradministrative remedies before you can pursue a declaratory judgment.Accordingly, i f you fa i l to t imely provide the information we need to enableus to act on your application, you may lose your r ights to a declaratoryjudgment under Code section 7428.I f yo u have any questions, please contact the person whose name and telephonenumber are shown in the heading of th is l e t t e r .

Letter 1312 (TEDS)



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Exhibit C, Page 2

KSP/True the Vote27-2860095

Enclosure: Information Request

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ly yours ,

! A u ( / 1 ~s s n MaloneyE p t Organizat ions Spec ia l i s t



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Exhibit C, Page 3

KSP/True the Vote27-2860095Additional Information Requested:

Page 3

1. In order to meet the organizational t es t for exemption under sect ion501(c) (3)r your organizational document, Articles of Incorporation, must beamended to include the following provision:a. Said organization i s organized exclusively for chari table, rel igious,educational, and scient i f ic purposes, including, for such p u r p o s e s ~ themaking of dis t r ibut ions to organizations tha t qualify as exemptorganizat ions under sect ion 501(c) (3) of the Internal Revenue Code, orcorresponding sect ion of any future federal tax code.PLEASE SUBMIT A COMPLETE COPY OF THIS AMENDMENT. SINCE YOU ARE INCORPORATEDIN THE STATE OF TEXAS, THE COPY YOU SUBMIT TO US MUST SHOW THAT IT HAS BEENPROPERLY FILED WITH YOUR APPROPRIATE STATE AGENCY. WE CANNOT ACCEPT A COPYSTAMPED "RECEIVED".

2. Your board is narrow an d related. This could lead to substantial pr ivatebenefit or i n u r e m e n t ~ both of which are prohibited under 501(c) (3). InBetter Business Bureau of Washington[ D.C., Inc. v. United States, 326 U.S.279 (1945), the Court held that the presence of a single non-exempt purpose,i f substant ial in nature, wil l destroy a claim for exemption regardless ofthe number or importance of t ruly exempt purposes.To insure tha t your organization wil l serve public in terests and not thepersonal or private in terests of a few individualsr unrelated individualsselected from the community yo u wil l serve should control your Board ofDirectors. Members of the Board should be selected from the followingcategories; (1) community leaders, such as elected or appointed off ic ia lsrmembers of the clergy[ e d u c a t o r s ~ civic leaders, or other such individualsrepresenting a broad cross-sect ion of the views and in terests of yourcommunity, (2) individuals having special knowledge or expert ise in yourpar t icular f ie ld or discipline in which your organization i s operating[ (3)public off ic ia l s acting in the i r capaci t ies as suchr (4) individualsselected by public officials , and (5) individuals selected pursuant to yourorganizat ions governing instrument or bylaws by a broadly based membership.

T h e r e f o r e ~ it i s recommended tha t you modify your Board of Directors to placecontrol in the hands of unrelated individuals selected from the community youwil l serve.Please submit the names an d qualif ications of the new board membersr as wellas a statement signed by each tha t they wil l take an act ive par t in youroperation.

I f you are unwilling to do so, please explain your posi t ion.3. The ac t iv i t i es narrative submitted with your application statesr "KSP/Truethe Vote is a non-partisan in i t ia t ive to recrui t and t ra in volunteers toinside pol l ing places for elect ions. True the Vote in i t i a t ives are the



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Exhibit C, Page 4

KSP/True the Vote27-2860095Page 4

Mobilizing an d t raining volunteers who are wil l ing to work as electionmonitors.

Aggressively pursuing fraud reports to ensure prosecution whenappropriate. Providing a support system for volunteers tha t includes l ive and onlinet raining, quick reference guides, a ca l l bank to phone in problemreportss, information on videotaping a t poll ing places, and security asnecessary. Creating documentaries and instructional videos for use in recrui t ingand t raining. Raising awareness of the problem through strategic outreach effor tsincluding advertising, socia l networking, media re la t ions , andrelat ional marketing. Voter registrat ion programs and effor ts to validate exist ingregistrat ion l i s t s , including the use of pat tern recognit ion softwareto detect problem areas."

Please answer the following questions regarding your ac t iv i t i es :a. Provide a job descript ion of an election monitor. Do they go to thepol ls on election day? I f so, where are they located a t the polls?What do they do?b. How wil l the organization pursue fraud reports and ensure prosecution.Explain each step in deta i l . Who wil l do this?c. Explain videotaping a t a polling place. Who wil l do this? What purposewil l it serve? Explain in deta i l .d. How wil l the organizat ion raise awareness through advertising, socialnetworking, media re la t ions and re la t ional marketing? Provide examples

and explain in detai l .e. Why i s pattern recognit ion software needed to detect problem areas?What problem areas? Explain in deta i l .f . Explain how voter registrat ion fu l f i l l s an exempt purpose.g. What percentage of the organization's time and resources i s devoted toeach of the l i s ted act iv i t ies? The percentage, when applied, shouldto ta l 100.h. Explain how each of your ac t iv i t i es fu l f i l l an exempt purpose.

4. Form 1023, Part V, page 4(enclosed) was answered with anN/A. Please checkthe boxes yes or no and return to us.



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Exhibit C, Page 5

KSP/True the Vote27-2860095

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PLEASE DIRECT ALL CORRESPONDENCE REGARDING YOUR CASE TO:

us Mail:Internal Revenue ServiceExempt Organizat ionsP. 0. Box 2508Cincinnati/ OH 45201ATT: Susan Maloney

Room 4511Group 7824Let ter 1312 (Rev. 12/2007)

Stree t Address:Internal Revenue ServiceExempt Organizat ions55 0 Main St/ Federal Bldg.Cincinnati / OH 45202ATT: Susan Maloney

Room 4511Group 7824


7.22.2013 true the vote - doc. 14-3 - exhibit c

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