I have called several list members who have given me conflicting answers
to the following factual questions about the state of the law post-BCRA,
so I thought I might try to see what the consensus here is on the truth
of the following propositions:
1. Nothing prohibits a corporation from giving treasury funds to a 527
organization.
2. BCRA probably prohibits a 527 from spending corporate treasury money
on some or all federal election activities, but FEC will decide this
issue in a coming AO. See
http://www.campaignlegalcenter.org/press-990.html
The next few points are more controversial:
3. The operative phrase limiting 527 expenditures of corporate money is
"in connection with any federal election" 2 U.S.C. ¤ 441b(b)(2). That
phrase is not the same as federal election activity defined elsewhere in
the Act.
4. A 527 can spend all the corporate treasury money it wants on state
election activity including voter registration, get out the vote drives
to elect specific candidates, and maybe issue ads outside of the 60 day
window. [This one I am least sure of, and I suspect there is
disagreement among listmembers]
5. A 527 can use corporate treasury money to fund non-partisan get out
the vote drives that are focused on, say, rural voters, African American
voters, Christian voters (you get the picture).
6. Nothing prevents a 527 from accepting unlimited individual
contributions (e.g., Soros) to be spent specifically on federal election
activity.
Thanks in advance to those of you more familiar with the nitty gritty of
the statute.