Subject: Re: [EL] 501(c)(4), (6) electioneering communication disclosure query
From: Rick Hasen
Date: 10/13/2010, 7:38 AM
To: "Rick.Hasen@lls.edu" <Rick.Hasen@lls.edu>
CC: "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

Thanks to all of you who replied off list.  Most of those replying said I was correct, but stressed the fact that for ANYONE making ECs, if the funds contributed to the group making the EC was not EARMARKED for that specific EC, under the current (in my view stingy) FEC interpretation, these contributors need not be disclosed to the FEC.   The reason there's disclosure to the FEC is that the EC rules apply to "any person" making "any broadcast" that counts as an EC. 
Another person pointed out that political committees report everything as IEs and not ECs, and ironically, the IE disclosure requirements are less onerous than the EC requirements.  The upshot being that some may report ECs as IEs (that is, even if they don't contain express advocacy), though there may be tax reasons for certain 501s to continue to call them ECs.

Thanks.

On 10/12/2010 10:01 PM, Rick.Hasen@lls.edu wrote: 
For a short piece I'm writing about disclosure, I wanted to confirm my understanding. If a 501(c)(4) or (6) makes an EC as defined in bcra and the fec regs, that spending would have to be disclosed to the fec (and contributors identified) to the same extent as if some other entity (e.g., individual, committee, 527) made the EC. Correct?
Thanks. 
Rick
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Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
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