Subject: Re: 527s
From: WewerLacy@aol.com
Date: 12/13/2003, 1:10 PM
To: foley.33@osu.edu, election-law@majordomo.lls.edu


In a message dated 12/12/03 3:24:48 PM, foley.33@osu.edu writes:

<<  is that a "political committee" is an 
organization whose "major purpose" is to influence federal elections. It 
seems to me, and I think both Buckley and McConnell support this, that an 
organization can have influencing federal elections as its "major purpose" 
even if it never engages in express advocacy.  >>

Here is a little clarity.  A Section 527 entity is a "political 
organization," which means a party, committee, association, fund, or other organization, 
whether or not incorporated, that is organized and operated primarily for the 
purpose of directly or indirectly accepting contributions or making expenditures 
for an "exempt function."  Exempt function is defined as influencing or 
attempting to influence the selection, nomination, election or appointment of any 
individual to Federal, state, or local public office, or office in a political 
organization, or a Presidential elector.  

A 527 may certainly seek to influence, directly or indirectly, a Federal 
election without engaging in the express advocacy that would require registration 
with the FEC as a "political committee" as defined by FECA and regulations. 

James V. Lacy
Wewer & Lacy, LLP