Regulating 527 Organizations

36 Pages Posted: 17 Jun 2005  

Gregg D. Polsky

University of Georgia Law School

Guy-Uriel E. Charles

Duke University School of Law; Duke Law School

Abstract

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

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

Gregg D. Polsky

University of Georgia Law School ( email )

225 Herty Drive
Athens, GA 30602
United States

Guy-Uriel Charles (Contact Author)

Duke Law School ( email )

Science Drive & Towerview Rd
Durham, NC 55455
United States

Duke University School of Law ( email )

Box 90360
Science Drive & Towerview Rd.
Durham, NC 27708
United States

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