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Did Howard Violate Its Partisan Political Activity Guidelines?

Following a string of Harris-Walz campaign-related events held on Howard’s campus, experts and students discuss the university’s non-partisanship policy.

An individual records the Harris-Walz election night watch party on The Yard Nov. 5. (Nolan Baynes II/The Hilltop)

Vice President Kamala Harris hosted a campaign election night watch party on Howard’s campus last week, where thousands of people joined to watch live election coverage.

On Nov. 5, students, staff, alumni and D.C. residents celebrated what Howard President Ben Vinson III suggested could’ve been “the place to potentially make history again” for Harris as the first Black female president. But as the night progressed, the atmosphere gradually grew somber, leaving attendees disheartened

The vice president’s appearance raised questions pertaining to the university’s role as a 501(c)(3) organization, a federal title that prohibits the school from participating in or intervening in any political campaign or politically endorsing a candidate for public office.

Howard University policy prohibits “partisan political activity that includes directly or indirectly participating in, or intervening in any political campaign on behalf of (or in opposition to) or endorsing any candidate for public office.”

These activities can include financial contributions, distribution of campaign information that shows bias towards a candidate, sponsoring events to promote candidates and disparate treatment of candidates invited to university events. 

The university updated these guidelines in July after Harris announced her candidacy following President Joe Biden’s withdrawal from the 2024 presidential election. 

The IRS outlines the same specific guidelines as the university, dictating what a non-profit organization can and cannot do. 

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Brian Galle, a law professor at the Georgetown Law Center, discussed how the campaign’s appearance differs from a politically endorsed event and what constitutes political participation and interference.

He said that if the IRS were to open an investigation against a nonprofit for political partisan endorsements, it would typically be for explicit statements or actions. 

“Charities that have gotten in trouble are charities that have said something like ‘Vote for the mayor,’” Galle said. 

He continued to expound that more implicit language is viewed as a “gray area” by the IRS and an issue of less importance.

“That’s kind of nudge, nudge, wink, wink, ‘Here’s someone we’re very proud of, there’s an election tomorrow,’” he said. “You might say, that sounds like an endorsement to me, but the IRS seems to have taken the view that unless you say ‘Vote for this candidate,’ they’re probably not going to do anything.”

Lydia Sermons, vice president of communications and chief communications officer, said that the Harris-Walz campaign team reached out to the university to rent the space as a patron, which is permitted under the IRS regulations. 

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“The key is that you’re not allowed to give resources to a campaign, but nothing stops you from selling those resources,” Galle said.

Sermons clarified in an email that the invitation to Howard students and administrators was a courtesy invitation to a “privately contracted event.” 

She also spoke about the participation of key university stakeholders during the election night event. 

“No one who spoke or performed made any endorsements of any kind,” Sermons said in the email. “The nature of President Vinson’s remarks was non-partisan and spoke to Howard’s historical impact on our nation. The nature of the students’ performances was non-partisan and did not seek to influence how individuals would cast their ballots.”  

According to the university’s policy, key stakeholders include “students, employees, alumni, friends and leadership/membership of university-affiliated organizations.” 

Regarding the content of Vinson’s speech at the watch party, Galle estimated that it was a “carefully lawyered” statement. 

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In his speech, Vinson referenced several notable Howard alumni including Thurgood Marshall, Ralph Bunche, Zora Neale Hurston and Toni Morrison among others. He followed this with a comment about Harris. 

“As we observe a time-honored ritual of our democracy, encompassing the right for us to express ourselves across aisles as we continue the hard and necessary work of democracy,” Vinson said. “The work that advances our nation forward, we at Howard are proud and honored to be able to host our alumna and welcome her home.” 

Jamara Putney, a senior psychology major, attended the election night campaign event but did not expect Howard to “become the headquarters for election night.”

She recalled the July 25 email where the university stated that they would “avoid any inadvertent attribution of political campaign to the university.” 

Putney felt like the university endorsed her with the various events over the week, however, she felt that the events were mutually beneficial to the university and Harris.

“I think that was only possible because of how proud she is to be a Howard alumna and to be completely honest it’s good press for the university,” she said.

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Following the results, university stakeholders have commented on the outcome of the election. 

HUSA issued a statement recognizing “the disappointing outcome” of the election. 

“We understand the deep emotions these results have inflicted upon the Howard community and want you to know that we stand with you through it all,” the statement said.

Copy edited by Camiryn Stepteau

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