Charities gain broad new power to spend on political campaigns
H.R. 2501 — Free Speech Fairness Act · Filed by Mark Harris (R-NC) · 38 cosponsors · Introduced Mar 31, 2025 · Referred to committee
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What it does
This bill amends the tax code to allow 501(c)(3) charitable organizations to make statements about political campaigns without losing their tax-exempt status, provided the statements are made in the ordinary course of their exempt work and cost only de minimis incremental expenses. Currently, the tax code prohibits charities from participating in or intervening in political campaigns; this bill carves out an exception for campaign-related speech that flows naturally from the charity's mission.
Why we flagged it
The bill functionally deregulates political speech by 501(c)(3) organizations, removing a longstanding prohibition in exchange for a vague 'ordinary course' and 'de minimis cost' standard. It is not a ban or restriction; it is a permission-granting amendment that loosens existing campaign-finance guardrails.
What the text implies
- The 'ordinary course' and 'de minimis incremental expenses' standards are undefined in the bill and will require IRS guidance or litigation to clarify. A charity could argue that campaign advocacy is 'ordinary' if its mission touches politics, creating enforcement uncertainty.
- Tax-deductible donations to charities could now fund political speech without the donor or charity disclosing the electoral intent, potentially converting charitable giving into a tax-advantaged campaign-finance channel.
The full analysis lists 4 implications of this text.
Who stands to gain
501(c)(3) charitable organizations (especially those with political missions); wealthy donors seeking tax-advantaged vehicles for political spending