The New Mexico Chapter of Associated Builders and Contractors has long been an outspoken advocate for free enterprise in construction. Protecting free enterprise means being politically active at all levels of government.
ABC staff and members stay informed and involved in policy decisions of governing bodies that impact the construction industry in New Mexico, including the following:
- New Mexico State Legislature
- Construction Industries Commission
- Labor and Industrial Commission
- Workers’ Compensation Administration
- Public Schools Finance Authority
- Local City Councils
- Local County Commissions
Members contribute to the ABC National Political Action Committee (PAC) and see their contributions making a difference in hotly contested U.S. Congressional races in New Mexico, supporting pro-Merit candidates.
Members also contribute to the ABC New Mexico PAC to provide financial assistance for issue advocacy, state-level legislative races, and local elections where Merit Construction will be impacted by the outcome.
DO’S AND DON’TS
A LIST OF DO’S AND DON’TS TO HELP YOU STAY “LEGAL”
WHEN PRESENTING FREE ENTERPRISE ALLIANCE MATERIALS
· Who May Present the Free Enterprise Alliance Toolbox Talks?
ABC members are the only people allowed to present the talk to employees not in the restricted class. This would include all employees other than stockholders, management personnel, including salaried, professional or supervisory staff, and their families. While the toolbox talk contains very generic and non-threatening language, the Labor Management Reporting and Disclosure Act (LMRDA) interferes with the ability of ABC staff to present the talk to members’ employees. The LMRDA would classify staff as “persuaders” should they present this talk and hold them to very specific reporting, spending and filing guidelines. ABC staff is permitted to give a more frank and open version of this talk to an ABC member company’s “restricted class.” The restricted class is defined as “its members and executive and administrative personnel or their families.”
· What Is Issue Advocacy?
Issue advocacy is promoting a particular stance on an issue. For example, “America needs pro-merit policies” is an example of issue advocacy. Issue advocacy may also be used to praise or criticize individuals in the context of a discussion of that issue and must have a call to action unrelated to any campaign action, i.e.: “America needs pro-merit policies. Rep. Jim Smith supports pro-merit shop policies. Call his office and thank him.” Issue advocacy pieces may not contain words and phrases such as “vote for,” “elect” or “defeat,” which are designed to influence an election by expressly urging support or opposition of a candidate.
An ABC chapter or member company may participate in issue advocacy directed at its members, employees, and the general public. Personal or corporate money may be used for this purpose, but you should consult an attorney before engaging in any type of issue advocacy that mentions an incumbent legislator, candidate, or political party. You must cite the organization, person, or company that paid for the advocacy piece.
· Does the Free Enterprise Alliance Classify as Issue Advocacy?
Yes, the Free Enterprise Alliance is issue advocacy. You should feel very comfortable in your ability to present the sample toolbox talk to your employees. The Free Enterprise Alliance is a program specifically designed to help you talk to your employees about why America needs the merit industry and how they can help to advance pro-merit policies on the local, state and federal level.
· What Means Can I Use to Advocate Issues?
You are welcome to use any resource available to talk to your employees. Posters and bulletin board announcements may be put up to promote a stance on an issue. Envelope stuffers, or informational flyers that fit inside paycheck envelopes, are effective tools that can easily deliver short messages about why a worker should get involved. You can use specific days to highlight related issues. For instance, on April 15, tax day, host an event or send an e-mail that highlights how tax policy impacts employees. On Flag Day or Memorial Day, discuss the freedoms that our armed forces protect, especially the freedom to vote. Around Labor Day, showcase the benefits of the merit industry. Contact ABC National or visit our web site (www.abc.org) for sample posters, announcements and envelope stuffers.
Please remember that you may not use any communication which advocates the election or defeat of any candidate or political party.
In addition to the Free Enterprise Alliance program, ABC National has several other resources available to help you reach out to your employees in the area of political involvement. One such resource is a political involvement handbook.
To Whom May ABC And Its Members Announce Political Endorsements?
A Chapter may announce to the press its endorsement of a candidate for federal election provided that the announcement is made to the chapter’s regular press contacts, there is minimal cost involved, and there is no coordination with the candidate.
An ABC member company may announce at a press conference or in a press release sent to regular press contacts that it has made a “candidate endorsement” to its restricted class as long as there is minimal cost involved and there is no coordination with the candidate.
What Type Of Signs May ABC And Its Member Companies Put Up?
A chapter may not use signs, such as billboards, to communicate to the general public a message that expressly advocates the election or defeat of a candidate for federal office. A chapter may, however, use signs, billboards, and advertisements for the purposes of issue advocacy. Consult Ned Monroe (703-812-2022) at ABC National or an attorney on any message to the general public.
An ABC member company may not put up any sign in a public area that expressly advocates the election of any candidate. However, a company may and is encouraged to put up signs that stress registering and voting in their public areas. A company may also use signs, billboards, and advertisements for issue advocacy purposes.
An employee is allowed to display campaign signs, buttons, or bumper stickers in his or her individual work area if the company allows employees to display personal items.
What Rules Apply To Voter Registration And Get-Out-The-Vote Drives?
An ABC chapter or member company may sponsor non-partisan get-out-the-vote and voter registration drives. This means it can provide such services as transportation to the polls, but such services must be provided without regard to party affiliation or voting preference. Get-out-the-vote and voter registration drives may not, however, be conducted in consultation with any political party or candidate or expressly advocate the election or defeat of any candidate. Furthermore, any registration drive may not be directed at individuals primarily or previously registered with a preferred party. Assistance must be provided without regard to party affiliation. An individual conducting the activities must not be compensated based on the number of individuals registered or transported in the course of the activity. Finally, those receiving information or assistance must be notified at the time of the drive that these services will be available without regard to the voter’s political preference.
May An ABC Chapter Or Member Company Distribute Voter Guides?
A voter guide is a nonpartisan presentation of written questions posed to candidates on campaign issues and their responses to those questions. ABC National and its chapters are prohibited from producing or distributing voter guides pertaining to federal candidates. ABC member companies, however, may distribute voter guides obtained from nonprofit organizations to employees and the general public as long as the guides comply with FEC regulations. In order to comply with FEC regulations, all candidates for a particular office shall be provided an equal opportunity to respond (with limited exceptions for presidential races). The voter guide must print the candidate’s response verbatim, no candidate may be featured more prominently than any other, and the voter guide may not contain an electioneering message or score or rate the candidates responses in such a way as to convey an electioneering message. An ABC chapter or a member company may not, however, prepare or distribute voter guides in coordination with a campaign or as part of an endorsement of any candidate or party. The official ABC voting records of elected officials may be distributed.
May An ABC Chapter Or Member Send An Advocacy Letter Or Other Printed Materials Supporting A Federal Candidate To Other ABC Members?
Yes, an ABC chapter may send letters or other partisan communications to the principle contacts of its member companies, but the printed materials must be original productions of the chapter or member and not a reproduction of the candidates campaign publications. An ABC chapter may use chapter money to send partisan communications only to the people with whom they normally communicate. ABC members must use individual funds and personal letterhead for this purpose. Use of corporate funds and letterhead to send letters beyond the restricted class is not allowed. If an individual spends more than $250 on a communication supporting a candidate for federal office, the expenditure must be reported to the Federal Election Commission. This is considered an independent expenditure and must not be coordinated with the candidate.
If you have any questions regarding this list of Do’s and Don’ts, please do not hesitate to contact Ned Monroe at ABC National at monroe@abc.org or 703-812-2022.