36 Pages Posted: 17 Jun 2005
In this Essay, we consider whether the Federal Election Commission (FEC) has the authority to regulate independent 527 organizations (e.g., Swiftboat Veterans for Truth, Moveon.org, etc.) as political committees under the Federal Election Campaign Act. This issue, which was hotly debated during the last election cycle when it was considered and ultimately tabled by the FEC, is an extremely complex one that requires a deep understanding of election, tax, administrative, and constitutional law. After considering how these areas of law intersect, we conclude that the FEC lacks the authority to regulate independent 527 organizations as political committees.
Keywords: 527 organizations, FEC, Buckley, MCFL
Suggested Citation: Suggested Citation
Polsky, Gregg D. and Charles, Guy-Uriel E., Regulating 527 Organizations. George Washington Law Review, Forthcoming; Minnesota Legal Studies Research Paper No. 05-21. Available at SSRN: https://ssrn.com/abstract=745330