[EL] query on 501c4 IEs and the FEC PAC rules

[Rick Hasen]

It seems to me that there will likely be excesses in this election by 
c4s which are acting as shadow super PACs, which will lead to 
complaints, potential investigations, and lawsuits against the FEC if it 
does not take action against such groups for violating the PAC rules.

Thanks to both of you and to others who weighed in on this issue in 
private messages.


On 3/16/12 3:34 PM, Trevor Potter wrote:
> Presumably John's comments that c4s claim " validly" that they do not have as their "major purpose" the influencing of federal elections do not apply universally to all entities that chose to claim c4 status. Rather, that is a factual question to be answered by each entity that expends more than a significant portion of their resources on federal election activity.
> Trevor Potter
>
> Sent from my iPad
>
> On Mar 16, 2012, at 6:25 PM, "John Pomeranz"<jpomeranz at harmoncurran.com>  wrote:
>
>> Correct.  501(c)(4)s argue (validly, I think) that their "major purpose" is not efforts to influence federal elections.  Significant support for that argument comes from the tax law's requirements for 501(c)(4) status.  To qualify for its exemption from federal income tax, a 501(c)(4) must have a primary "social welfare" purpose, which does not include efforts to intervene in any political campaign.
>>
>> There was some interesting debate on these issues, including the intersection of FECA's (or, really, the Supreme Court's) "major purpose" and the tax law's "primary purpose," during the FEC's efforts to craft a political committee rule in 2004.   Yet what constitutes major purpose and primary purpose remain, as you know, a hot topic of debate.
>>
>>
>> John Pomeranz
>> Harmon, Curran, Spielberg&  Eisenberg, LLP
>> 1726 M Street, NW, Suite 600
>> Washington, DC  20036
>> office: 202.328.3500
>> mobile: 703.597.7663
>> fax: 202.328.6918
>> e: jpomeranz at harmoncurran.com
>>
>>
>>
>> -----Original Message-----
>> From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
>> Sent: Friday, March 16, 2012 6:07 PM
>> To: law-election at uci.edu
>> Subject: [EL] query on 501c4 IEs and the FEC PAC rules
>>
>> I understand that in this election cycle and the last (since CU) 501c4 organizations (which did not qualify as MCFL/QNC corporations) have been running not just electioneering communications ads, but also making independent expenditures (including express advocacy).
>> How do 501c4s which are making IEs argue that they need not register with the FEC as a political action committee?  Are they arguing that electioneering is not their major purpose (along the lines of how they argue to the IRS that election related activity is not the "primary activity" for tax purposes)?
>>
>> Thanks.
>> Rick
>> --
>> Rick Hasen
>> Chancellor's Professor of Law and Political Science UC Irvine School of Law
>> 401 E. Peltason Dr., Suite 1000
>> Irvine, CA 92697-8000
>> 949.824.3072 - office
>> 949.824.0495 - fax
>> rhasen at law.uci.edu
>> http://law.uci.edu/faculty/page1_r_hasen.html
>> http://electionlawblog.org
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-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org