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Kerry Calls for Probe of NAACP Tax Audit

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Times Staff Writer

Democratic presidential nominee Sen. John F. Kerry asked the Department of Justice on Friday to investigate what prompted a tax audit of the NAACP.

The civil rights organization disclosed this week that it was under investigation by the Internal Revenue Service because it posted a speech by Chairman Julian Bond on its website that was critical of the Bush administration.

Bond questioned the timing of the probe -- which came just a month before Tuesday’s presidential election -- and said it appeared to be politically motivated. He delivered the speech July 11 at the group’s annual convention, which Bush declined to attend.

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“If the timing of this process leads some to believe politics is at play, it could have a chilling impact on African Americans’ participation in the American political process,” Kerry wrote in a letter to the Justice Department’s civil rights division.

He asked the department to investigate whether anyone from the White House, the Bush campaign or the Republican National Committee had contact with the IRS about the audit.

The IRS has denied that politics led to the audit. The agency said Friday that about 60 charities, churches and other tax-exempt groups were facing similar investigations.

The National Assn. for the Advancement of Colored People could lose tax-exempt status or face a fine if the IRS decides it engaged in political activity. Under the law, nonprofit groups cannot endorse candidates, contribute or raise funds for them, or “distribute statements for or against a particular candidate.”

Even encouraging people to vote for a candidate “on the basis of nonpartisan criteria” violates the tax laws. The tax code also says organization leaders cannot make “partisan comments” at official events.

Bond said he was careful in the speech to remain nonpartisan, even though he criticized the administration in it.

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A Washington advocacy group, OMB Watch, contended Friday that the administration had previously targeted nonprofit groups critical of it for audits. It cited a federal audit of a group called Advocates for Youth, which condemned the administration’s abstinence-only policies, and an IRS audit of the National Education Assn., the teachers union.

Associated Press contributed to this report.

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