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Advocacy Blog
Monday, November 27, 2006
FEC Dismisses Request for an Advisory Opinion
The organization Progress for America requested an advisory opinion from the Federal Elections Commission (FEC) for guidance on when a nonprofit organization can be considered an FEC-regulated political committee. In response, the FEC sent them a letter last week saying that an answer will not be given. The group's attorney asked for clarification regarding; "when a particular communication contains 'express advocacy' or when the structure, activities, and budget of an organization indicate that its 'major purpose' is to influence elections." The FEC asserts that each organization must be considered on an individual basis to determine whether its activities should be regulated under campaign finance rules. Reform groups are pleased with the dismissal by the FEC because there are other enforcement cases pending, which they feel should be decided before issuing an advisory opinion. The Campaign Legal Center and Democracy 21 have filed complaints with the FEC against Democrat and Republican leaning groups. These groups are also expected to promote legislative action on the issue of regulating 527 groups.
"The unusual move forestalls an imminent decision by the FEC commissioners on one of the toughest questions faced by the agency in recent years: whether and how to regulate so-called Section 527 and Section 501(c) organizations that act get involved in federal campaigns."
Read the BNA Money and Politics article here (subscription required). Related: Campaign Legal Center blog on 527 groups.
Posted by Amanda Adams
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