Suppose that the FEC issues an advisory opinion on the 527 issue that
would hold it against the FECA for such organizations to accept
corporate or union money for any activities and that would limit
individual contributions to the 527 to $5,000. What would be the next
step for a 527 that disagrees?
Since this is an advisory opinion, I imagine it is not directly
subject to challenge. Would someone have to bring a declaratory relief
action? In what court? Before a three-judge court? Would the matter
by statute be expedited, or would the 527 have to ask for it to be
expedited? And to what extent would a court have to defer (under
Chevron?) to an AO as to statutory determinations? Is it the same as
deference to the product of an administrative rulemaking procedure?
All of this would have to be done quite quickly given that the spending
likely would be heavy beginning in the next few months.
--
Rick Hasen
Professor of Law and William M. Rains Fellow
Loyola Law School
919 South Albany Street
Los Angeles, CA 90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org