HOUSTON, TX. May 21, 2013 - True the Vote (TTV), the nation's leading voters' rights organization, filed suit in federal court in Washington today against the Internal Revenue Service (IRS), asking the
Court to grant its long-awaited tax exempt status and seeking damages for the unlawful actions by the IRS in the processing of its application for exempt status. ActRight Legal Foundation, a 501(c)3 fundamental rights and public interest law firm represents True the Votein the lawsuit.
"We've been waiting for three years to receive a decision from the IRS about our tax exempt status," True the Vote President Catherine Engelbrecht said. "After answering hundreds of questions and producing thousands of documents, we're done waiting. The IRS does not have the power to pocket veto our application. Federal law empowers groups like True the Vote to force a decision in court - which is precisely what we aim to do."
"True the Voteis dedicated solely to promoting election integrity in our Republic," Engelbrecht said. "Our mission is to educate Americans on all of the rights they enjoy as voters. We do not pick winners and losers, but instead fortify the voting process so that it is fair and free. If this goal is deserving of such scrutiny, then we have serious questions that we, as a nation, must face," she added.
Cleta Mitchell, counsel to True the Vote and of counsel to ActRight Legal Foundation, stated, "We are not going to allow the IRS to claim, as it has been doing in the past week, that the targeting of conservative groups is over and 'everything has been fixed.' It is not yet fixed and this litigation is a vital step both to resolve True the Vote's status and to learn exactly what happened inside the IRS."
Count One: Seeks recognition of True the Vote as a 501(c)3 tax exempt organization pursuant to 26 USC § 7428.
Count Two: Seeks damages and injunctive relief from the IRS and IRS employees and agents, pursuant to 28 U.S.C. § 1331 and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), for violation of True the Vote's constitutional rights by virtue of the actions of the government in unlawfully targeting and delaying recognition of True the Vote's exempt status.
Count Three: Seeks damages and injunctive relief against the IRS and IRS employees, pursuant to 26 USC § 7431, for their unlawful intrusions into True the Vote's activities by requiring the filing of voluminous materials with the IRS, then unlawfully inspecting and potentially disseminating the information.
"This is just the first of several cases ActRight Legal Foundation plans to file against the IRS and those within the agency who have violated the constitutional rights of these citizens' organizations," said Dr. John Eastman, Chairman of the Center for Constitutional Jurisprudence and of Counsel to ActRight Legal Foundation.
To read the complaint filed in the United States District Court for the District of Columbia, click here.