Article XIII draws a line most organizations leave comfortably blurred. Gifts are welcome. Strings are not. Donors cannot buy a say in the Constitutional work, a seat at the table, or immunity from being criticized by the Nonprofit they funded. Money from foreign governments and from partisan campaign committees is refused outright, though individuals who happen to be politically active may certainly give. Donor privacy is respected, but the greater the potential for influence, the greater the transparency owed to the public. Gifts may carry restrictions so long as those restrictions fit the mission. We would rather be believed than funded.
Section 13.1 Donation Ethics Purpose
This Article protects ReDrafting America’s institutional independence, ethical integrity, financial accountability, and public trust. It governs the solicitation, acceptance, administration, disclosure, and oversight of charitable contributions.
The Nonprofit welcomes support that advances its charitable mission without actual or reasonably perceived donor influence. Contributions shall be evaluated for legality, transparency, accountability, mission alignment, and organizational independence. No contribution may compromise, or reasonably appear to compromise, organizational judgment, governance, educational work, constitutional recommendations, or public trust.
Section 13.2 Donor Independence
The Nonprofit shall not solicit, accept, or retain financial support that compromises, or reasonably appears to compromise, its independence, governance, mission, integrity, or public trust. This prohibition covers donations, grants, sponsorships, restricted gifts, in-kind contributions, and comparable support.
No donor, prospective donor, intermediary, affiliated person, or contributing organization may receive the following in exchange for support. The prohibition applies to express and implied arrangements:
- (a)governance authority, voting rights, or control over the Nonprofit’s affairs
- (b)appointment, nomination, representation, or guaranteed consideration for Board of Directors, committee, advisory, or organizational service
- (c)editorial review, approval, veto authority, or advance control over Constitution v2.0, research, publications, educational materials, public statements, or other organizational work
- (d)preferential access to leadership, confidential deliberations, decisions, programs, opportunities, or information unavailable to the public
- (e)endorsements, policy concessions, constitutional modifications, contractual commitments, naming rights, commercial promotion, or favorable treatment
- (f)immunity from investigation, criticism, disagreement, public scrutiny, or adverse findings by the Nonprofit
- (g)any other private benefit, continuing privilege, special access, or quid pro quo inconsistent with the mission, independence, or applicable law
The Nonprofit shall evaluate each contribution solely by whether it advances the charitable mission while preserving independence, impartial judgment, integrity, and public credibility. The Board of Directors may decline, suspend, return, or require modification of support posing influence, conflict, reputational, legal, mission, or dependency risks. Accepted restricted support may be returned only as the restricted-gift rules permit.
Donor acknowledgment and public recognition remain at the Nonprofit’s discretion and confer no continuing right or privilege. Ordinary donor communications, stewardship, factual reporting, and equal public program access remain permitted when they create no donor influence or preferential treatment.
Support offered by an Official Representative remains subject to applicable disclosure, determination, recusal, and other conflict-of-interest requirements. The Gift Acceptance and Disclosure Policy governs required certifications, review procedures, and acceptance requirements.
Section 13.3 Donor Privacy and Public Accountability
ReDrafting America recognizes donors’ legitimate privacy interests and the public’s interest in understanding support for its constitutional, civic, and institutional work. The Nonprofit shall balance those interests while preserving public trust, independence, and legal compliance. Greater actual or perceived influence requires greater transparency.
The Nonprofit shall protect confidential donor information unless disclosure is legally required, donor-authorized, or required by these Bylaws. Required disclosures may prevent conflicts, safeguard independence, or preserve public confidence. No donor has a right to anonymous influence over the Nonprofit’s governance, work, publications, or recommendations.
Section 13.4 Review and Disclosure
The Board of Directors shall classify contributions using objective, risk-based criteria in a publicly available Gift Acceptance and Disclosure Policy. Review, documentation, approval, and Public Transparency shall remain proportional to each contribution’s actual or reasonably perceived risks.
The policy shall consider the following factors when applicable. Similar contributions presenting similar risks shall receive substantially similar review:
- (a)the contribution’s financial significance
- (b)actual or reasonably perceived donor influence
- (c)conflicts of interest
- (d)legal and regulatory considerations
- (e)reputational risk
- (f)restrictions or conditions placed upon the contribution
- (g)other factors reasonably related to preserving the Nonprofit’s institutional independence
The Board of Directors shall administer all classifications and reviews consistently, impartially, and without favoritism. Review, documentation, and Public Transparency shall increase with the contribution’s actual or reasonably perceived risk. The Board of Directors shall approve the policy and material amendments at a Regular Meeting and keep them publicly available.
Section 13.5 Restricted Gifts
The Nonprofit may accept contributions restricted to a Charitable Purpose, program, project, or other mission-consistent use. Every restriction must preserve the charitable mission, Foundational Principles, institutional independence, and ReDrafting America’s long-term interests.
The Nonprofit shall reject any restriction, condition, agreement, or understanding that creates a prohibited result. Prohibited results include:
- (a)compromising, or reasonably appearing to compromise, institutional independence, governance, educational work, constitutional recommendations, integrity, or public trust
- (b)requiring endorsement, promotion, criticism, suppression, modification, or restraint of organizational research, publications, educational materials, recommendations, or activities
- (c)granting prohibited governance authority, editorial influence, ownership, naming rights, preferential treatment, contractual rights, continuing privileges, or private benefits
- (d)conflicting with applicable law, the Articles of Incorporation, these Bylaws, or the Nonprofit’s Charitable Purposes
- (e)impairing the independent exercise of fiduciary duties by the Board of Directors
The Board of Directors may accept, decline, or negotiate restrictions while preserving organizational independence and the donor’s lawful charitable intent. Acceptance never requires changes to governance, mission, recommendations, research priorities, publications, or public positions beyond administering the accepted restriction.
Mission-consistent restrictions may support education, research, scholarships, capital improvements, or other lawful Charitable Purposes. If a restriction becomes impossible, impracticable, or unlawful, the Board of Directors may redirect the unspent balance under the gift instrument or a court order. The replacement use shall most closely match the original Charitable Purpose and donor intent. The Board of Directors may instead return the balance to the donor or donor’s estate. A restricted balance may be returned only where the gift instrument provides for it or a court order under 15 Pa.C.S. § 5547(b) permits it.
Section 13.6 Gift Instruments and Successor Designation
A contribution that meets the significant-gift threshold the Gift Acceptance and Disclosure Policy sets requires a written gift instrument. The instrument shall state, in the donor’s own terms, any restriction on the contribution’s purpose or use. Every restricted contribution, whatever its size, also requires a written gift instrument. That instrument shall permit the Nonprofit to return the contribution when retaining it would violate law or this Article.
The instrument, or the Gift Acceptance and Disclosure Policy, shall identify or describe a class of successor organizations, each exempt under Internal Revenue Code § 501(c)(3) and organized for purposes substantially identical to the restricted purpose, to receive any unspent restricted balance if the Nonprofit cannot continue to hold or apply it consistent with donor intent and this Article. A transfer to a successor that only the Policy identifies requires a court order under 15 Pa.C.S. § 5547(b). This Section works together with, and does not replace, the distribution the Articles of Incorporation and the dissolution rules of these Bylaws require upon dissolution.
This Section protects the trust character the law gives a restricted gift. It does not limit the Board of Directors’ authority to redirect or return a balance under the restricted-gift rules.
Section 13.7 Foreign and Political Contributions
The Nonprofit shall remain free from actual or reasonably perceived financial influence by foreign sovereign governments and partisan political organizations. It shall not knowingly solicit or accept donations, grants, sponsorships, or other financial support from the following foreign sources:
- (a)any foreign government
- (b)any political subdivision of a foreign government
- (c)any entity owned or controlled by a foreign government
- (d)any person or organization acting for, or serving as an intermediary for, a prohibited foreign source
The prohibition does not reach lawful support from private foreign individuals or independent foreign nonprofit, educational, or nongovernmental institutions. Each permissible foreign contribution requires heightened due diligence for legal compliance, institutional independence, and public trust.
The Nonprofit shall also remain free from actual or reasonably perceived partisan financial influence. It shall not knowingly solicit or accept donations, grants, sponsorships, or other financial support from the following political sources:
- (a)any political party or party committee
- (b)any candidate campaign committee
- (c)any political action committee or organization primarily formed to influence an election’s outcome
- (d)any person or organization acting for, or serving as an intermediary for, a prohibited political source
Individuals who are personally politically active may contribute lawfully in their personal capacities. They may not act for, at the direction of, or through a prohibited entity. No permissible foreign or individual contribution confers governance, editorial, contractual, ownership, preferential, or other influence inconsistent with these Bylaws.
Section 13.8 Use of Funds
The Nonprofit shall use every accepted contribution solely for its charitable mission, educational purposes, and other lawful activities. Each use must comply with the Articles of Incorporation, these Bylaws, applicable law, and every accepted restriction.
The Board of Directors shall administer donated funds prudently and ethically through appropriate oversight, accounting procedures, and Financial Controls. No contribution may be diverted to a conflicting purpose or one impairing the Foundational Principles, independence, or long-term interests.
No charitable asset may provide private inurement or an impermissible private benefit. Reasonable compensation, authorized expense reimbursement, and other lawful expenditures advancing the Nonprofit’s Charitable Purposes remain permitted.
Section 13.9 Records and Accountability
The Board of Directors shall document material decisions concerning a contribution’s acceptance, rejection, restriction, review, or disposition. Each record shall demonstrate compliance with these Bylaws, applicable law, fiduciary duties, mission, Foundational Principles, independence, and public trust.
The Board of Directors shall maintain written recordkeeping policies supporting financial accountability, transparency, legal compliance, and independent review. Records shall include material approvals, restrictions, reasons, and other considerations needed to explain each decision.
Disclosure is not required for information protected by law, privilege, legitimate privacy, donor confidentiality, or the Nonprofit’s lawful interests. Any withholding shall remain consistent with these Bylaws and applicable law.
Section 13.10 Annual Transparency Report
The Board of Directors shall ensure publication of an Annual Transparency Report promoting confidence in the Nonprofit’s stewardship and mission. The report shall describe support sources and general categories, donated-fund uses, significant restricted gifts, and other material transparency information.
The report shall protect legally confidential information, donor privacy, attorney-client privilege, and other information lawfully withheld in the Nonprofit’s best interests. It forms part of the Annual Governance Report. The Board of Directors shall establish its format, content, and preparation procedures.
Section 13.11 Violations and Remediation
The Board of Directors shall promptly review credible information indicating a material violation of this Article. It shall act reasonably to protect the Nonprofit’s mission, integrity, public trust, assets, and legal compliance.
When a violation occurred, the Board of Directors shall take corrective action consistent with these Bylaws, applicable law, and fiduciary duties. Remedies may include operational remediation, asset recovery or protection, additional safeguards, and other lawful measures preventing recurrence.
This Section does not limit other Board authority or responsibility under these Bylaws or applicable law. It does not impair protections involving Whistleblowers, conflicts of interest, fiduciary duties, or legal reporting.
Section 13.12 Donation Ethics Administration
The Director of Development and Fundraising shall administer this Article, including contribution intake, documentation, required reviews, disclosures, and supporting records. The Director shall carry out those duties under applicable Board policies and Financial Controls.
This administrative responsibility grants no authority to accept or refuse contributions, waive conditions, or determine violations. Those decisions remain with the Board of Directors or the body these Bylaws authorize.
End of Article XIII. Return to the TOC