October 21, 2020
Louis DeJoy
Postmaster General
475 L'Enfant Plaza SW.
Washington, DC 20260
RE:

Illegal Use of Nonprofit Postal Permit

Dear Postmaster General:
This office represents No on Prop 22, sponsored by Labor Organizations (“the Committee”), a
California political committee. On behalf of the Committee, we demand that a nonprofit postal
permit unlawfully issued to the Yes on 22 – Save App-Based Jobs & Services: a coalition of ondemand drivers and platforms, small businesses, public safety and community organizations
(“Yes on 22”) be immediately revoked.
Yes on 22 is a California political committee heavily funded by Uber Technologies, Lyft, and
DoorDash. The committee’s primary purpose is to further these technology companies’ support
of Proposition 22, which is statewide initiative on the ballot for the November 3, 2020 general
election. It has come to our attention that Yes on 22 has been using a nonprofit postal permit to
send political mail at the nonprofit rate. We believe Yes on 22 continues to use the reduced rate
for mail in connection with the November general election. Attached to this letter is a sample
mailer where Yes on 22 used the nonprofit permit to mail the piece.
The Yes on 22 nonprofit permit was unlawfully issued. Only organizations that satisfy the
specific standards and have received specific authorization from the United States Postal Service
may mail items at any Nonprofit Standard Mail rate. This misuse of the nonprofit permit coming
from a corporate backed $200 million campaign is unprecedented and should be remedied by the
Postal Service immediately.
Federal law is clear that nonprofit mail permits are available to the following organizations:
religious, educational, scientific, philanthropic (charitable), agricultural, labor, veterans,
fraternal, local voting registration officials and “qualified political committees.” (USPS
Publication 417, Nonprofit USPS Marketing Mail Eligibility: Nonprofit and Other Qualified
Organizations § 2-2 (2017).) The statute specifically and narrowly defines “qualified political
committee” as “a national or State committee of a political party, the Republican and Democratic
Senatorial Campaign Committees, the Democratic National Congressional Committee, and the
National Republican Congressional Committee.” (39 U.S.C. § 3626(e)(2).)

Long Beach
555 E. Ocean Blvd, Ste. 420
Long Beach, CA 90802

Sacramento
555 Capitol Mall, Ste. 400
Sacramento, CA 95814
Olson Remcho LLP

olsonremcho.com

Oakland
1901 Harrison St., Ste. 1550
Oakland, CA 94612

 Postmaster General
October 21, 2020
Page 2

The postal regulations also specifically preclude the following organizations from qualifying for
the Nonprofit Standard Mail rates, even if those organizations are formed on a non-profit basis:
automobile clubs, business leagues, chambers of commerce, citizens’ and civic improvement
associations, individuals, mutual insurance associations, political organizations other than
political parties, service clubs, social and hobby clubs, associations of rural electric cooperatives
and trade associations. (USPS Publication 417, Nonprofit USPS Marketing Mail Eligibility:
Nonprofit and Other Qualified Organizations § 2-3.2 (2017).)
Yes on 22 is a registered California political committee, but it is not a political party committee.
There is no question it is not a “qualified political committee” under the postal service definition.
No candidate committee or other political organization may qualify to send mail at the nonprofit
postal rate. In addition, Yes on 22 does not qualify for the Nonprofit Standard Mail rate under
any of the Qualified Nonprofit Organization categories.
The November 3, 2020 general election is quickly approaching. Because large amounts of mail
are being sent out daily in violation of the Federal statute, we request that you act immediately to
revoke this permit. We request confirmation that you are taking the necessary legal action to do
so no later than 2:00 p.m. on Wednesday, October 28, 2020. If you fail to take action or contact
us by that time, we will take appropriate legal action to enforce the law.
Very truly yours,
OLSON REMCHO LLP

Lance H. Olson