BANA Election Committee 2025
Decisions on Complaints EC25-D1
Assessments and Decisions on Formal Complaints Received as of March 15, 2025
Date of Decision: March 16, 2025
1. Formal Complaint Regarding Jeopardizing BANA’s 501(c)(3) Status Due to Unlawful Endorsement of a Team of Candidates by a Politically Affiliated Organization and Use of the Decision for Social Media Campaigning of the Team.
Assessment and Decision:
A review of the alleged social media post revealed that the subject candidate publicly shared an information referring to a formal decision of a meeting of an organization’s Maryland chapter, chaired by its president and attended by current and former chapter and central leaders, as well as some current leaders of a political party in Nepal, decided to endorse a team of 11 candidates for the BANA election. The posted statement also stated that the meeting formed an election conduction committee to support the election of these candidates and requested support from supporters of the political party. Additionally, a review of the organization’s website revealed that, despite being a 501(c)(3) entity, it identifies itself as an “official wing” of the political party.
Such an endorsement, coupled with the formation of a committee to influence the election of specific candidates, constitutes a serious violation of BANA’s 501(c)(3) requirements and poses a significant threat to its tax-exempt status. These actions, including but not limited to references to political affiliations or solicitations from supporters of political parties, undermine BANA’s commitment to neutrality and its obligation to remain free from political influence, whether domestic or foreign. This jeopardizes not only BANA’s legal standing but also its very existence as an apolitical community organization.
Therefore, the Committee directs, effective immediately, the subject candidate and any others involved to remove such posts without delay. All candidates, stakeholders, and voters are hereby warned to refrain from engaging in similar activities. Non-compliance with this directive will result in disciplinary action by the Election Committee, as appropriate, and may also be subject to legal consequences. Additionally, we urge all other organizations to refrain from issuing endorsements that may jeopardize BANA’s 501(c)(3) requirements, pose threats to its very existence, and compromise the integrity of the election process.
2. Formal Complaint Regarding use of #TeamBANA and official social media account by some candidates
Assessment and decision:
An investigation by the Election Committee confirms that BANA has not issued, nor should it issue, any official endorsement of a single candidate or a team of candidates. The use of “TeamBANA” does not constitute an official endorsement, and BANA’s official social media accounts have not been used for any candidate’s campaign. The “@banaelection2025” is not an official account. However, the Committee agrees with the claimants’ argument that the use of terms such as #TeamBANA and official#TeamBANA, combined with BANA’s official logo and links to its website, is reasonably likely to create the false appearance of an official endorsement.
The Committee has already instructed the subject candidates to refrain from such usage. Effective immediately, all candidates, stakeholders, and voters are directed to avoid using any misleading materials that could confuse voters into believing there is an official endorsement. Non-compliance with this directive will result in disciplinary actions by the Election Committee.
3. Formal complaint regarding the use of photos from BANA’s past activities by candidates to showcase past involvement with BANA in election campaigns.
Assessment and decision:
An investigation by the Election Committee revealed that some candidates have used photos of past BANA activities to explicitly or implicitly showcase their involvement. While candidates have the right to present their qualifications and voters have the right to accurate information about the candidate’s past social activities, distorted or misleading content is strictly prohibited.
Effective immediately, candidates, their teams, and supporters may only use unedited photos demonstrating the candidate’s direct involvement in BANA activities or any other social organizations’ activities. Resolution and size adjustments are permitted, but the content must remain unedited. Candidates are solely responsible for any consequences arising from the use of photos featuring other individuals without their consent. Non-compliance with this directive will result in disciplinary actions.
4. Formal complaint regarding the use of official logo and name in campaign materials.
Assessment and Decision
An investigation revealed that most, if not all, candidates or teams of candidates have used BANA’s logo and name in their campaign materials. Since the use of BANA’s official logo and name falls under the purview of BANA’s Executive Committee, the Election Committee defers to BANA on whether candidates are permitted to use them in their campaigns. However, effective immediately, no candidate is allowed to alter the official logo and name, or use them in a manner that creates the impression of official endorsement. Non-compliance with this directive will result in disciplinary action.
5. Formal complaint regarding the use of fake BANA Membership Form
Assessment and decision
An investigation by the Election Committee revealed that the claim includes a screenshot of an online form dated January 27, 2025, which resembles BANA’s official form but is not an official form. The Committee agrees that fraudulent membership forms threaten BANA’s processes, data privacy, and election integrity, potentially leading to legal consequences. However, the evidence predates the Committee’s oversight, which began after the membership deadline of January 31, 2025, at 5:00 PM. No such activity was found after that date.
The Committee’s authority is limited to its purview and resources, and it cannot act on matters outside its scope. Moving forward, all candidates and stakeholders are directed to refrain from engaging in such practices. Any future violations will result in disciplinary action by the Committee and may also be subject to other legal challenges.
6. Formal complaint regarding the unauthorized access of voters contact information by some candidates and misuse for their campaign benefits
Assessment and Decisions
An investigation conducted by the Election Committee revealed that certain candidates sent mass emails to voters. The data received by the Committee after 5:00 PM on January 31, 2025, is protected under stringent protocols, ensuring that any leakage of data under the Committee’s possession is prevented. Access to this data is strictly regulated, and no individual member or the IT Lead is permitted to access it without the Committee’s oversight. Regarding any membership data under the possession of BANA Executive Committee, the Election Committee has formally notified and requested the BANA Executive Committee to ensure that no data in its possession is shared by anyone for campaigning purposes.
While the Election Committee cannot control external data sharing or verify how candidates obtained such data, it guarantees that no data under its control was, and will be, provided to any candidate, other individual, group, or organization. The Committee also directs the BANA Executive Committee and candidates currently holding office to refrain from sharing or misusing any such data for the benefit of any candidate’s or candidates’ campaigns. The Election Committee will take disciplinary action against any candidate found violating these directives. However, any use of individually or collectively gathered or shared data outside the Election Committee’s purview is the sole responsibility of those individuals or groups, and the Election Committee bears no liability for such use.
Published on 03/17/2025
