The Purdue Exponent published an editorial endorsement of Indiana gubernatorial candidate Jennifer McCormick on Wednesday. The Purdue Exponent’s publisher, the Purdue Student Publishing Foundation, is a 501(c)(3) organization. Such nonprofits are barred from political campaign activity, including issuing “public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office” (Photo Credit: Diego Delso, delso.photo, License CC BY-SA).
In four different places in the editorial, the Purdue Exponent’s paid editorial staff makes similar statements connecting the publication and their endorsement for McCormick and direct opposition to Mike Braun, another gubernatorial candidate. They also mention the upcoming election.
“McCormick is here, she’s on the ballot and she’s ready to govern for everybody in Indiana…”
“McCormick, a Purdue graduate, is focusing on policies that could only benefit college students — unlike her opponent.”
“In the opinion of the Exponent editorial staff, Jennifer McCormick is the right pick for Boilermakers.”
“Again, the Exponent editorial staff reiterates: Jennifer McCormick is the pick for Boilers.”
Their reasoning centered around McCormick’s support for marijuana legalization and abortion, as well as the publication’s access to her as a candidate.
“Braun’s vagueness is a choice. He purposefully chooses to dodge media, including campus papers like the Exponent. McCormick, on the other hand, has made herself available to Purdue’s community,” the editorial staff noted.
They also claim that “Braun’s career has only been dedicated to politics.”
However, Braun has been the full owner of Meyer Distributing, a truck body manufacturer and parts distributor, since 1995.
“Did you knowingly violate the IRS Code by publishing this endorsement? If you didn’t do your due diligence on that, then why would voters take your endorsement seriously in the first place?” said Chris Elmore, Purdue alumnus and former Indiana Federation of College Republicans president, also on X.
The editorial ends with a note that states it is the “opinion of only the listed names.” However, the IRS Compliance Guide for 501(c)(3) Public Charities emphasizes that “organization leaders cannot make partisan comments in official organization publications or at official functions” and “violation of this prohibition may result in revocation of tax-exempt status and/or imposition of certain excise taxes.”
The Purdue Exponent, or the Purdue Student Publishing Foundation, is incorporated as a domestic nonprofit corporation with the Indiana Secretary of State, and as a 501(c)(3) nonprofit with the IRS.
In response to a comment notifying the Purdue Exponent of the potential violation on X, their publisher, Kyle Charters, claimed that “courts have repeatedly ruled that student newspapers can make political endorsements.”
However, he did not clarify what rulings those were and whether they dealt with situations similar to the Purdue Exponent’s, which employs paid editorial staff that made the endorsement, is completely independent of Purdue University and is organized under a 501(c)(3).
The IRS suggested in 1997 that it may be possible for newspapers published by universities to endorse political candidates if “the publication and dissemination of the editorial statements in question are acts and expressions of opinion by students occurring in the course of bona fide participation in academic programs and academic-related functions of the educational institution. Cf., Rev. Rul. 72-513.”
However, the editor-in-chief of the Purdue Exponent has previously stated that “We aren’t part of Purdue’s communications school, our advisers aren’t faculty and our operations aren’t funded by students’ tuition.”
The Indiana Commons is published by Collegiate Commons, Inc., which is also a 501(c)(3) organization. As such, neither The Indiana Commons nor its editorial staff publish endorsements of any candidate for political office.