Following up on this post, here are the comments of Democracy 21, the Campaign Legal Center, and the Center for Repsonsive Politics on the FEC’s upcoming proposed rulemaking on 527s organizations.
The groups advocate a major purpose test (similar to Alternative 2-A, for those who have followed the NPRM) that would apply to 527s. But, in a move intended to sidestep a potential political firestorm, the groups would not apply the major purpose test to 501(c) organizations. (This, unsurprisingly, echoes Sen. McCain’s comments posted here.)
The comments also seek to sidestep the key constitutional question involved in regulating 527s that make only independent expenditures. Their entire discussion is in footnote 10:
- 10 Questions have been raised about the constitutionality of this contribution limit insofar as it applies to non-connected committees that make only independent expenditures. We believe this limit is constitutional. E.g., McConnell, 157 L.Ed.2d at 554 n. 48. Furthermore, nothing in FECA or BCRA exempts such committees from the contribution limit, and a longstanding regulation of the Commission specifically applies the contribution limit in this context. 11 C.F.R.